Category: California Tentative Rulings

Case Number: BC720898    Hearing Date: February 14, 2020    Dept: 27 [TENTATIVE] ORDER RE: MOTION FOR ORDER TO CONTINUE TRIAL On September 7, 2018, plaintiff Laura Michelle Spadaro (“Plaintiff”) filed this action against defendant Fred Floyd Gatchell for injuries arising from a November 14, 2017 motor vehicle accident.  Plaintiff filed a series of other cases against Gatchell that were related to and […]

Case Number: 19STCV12345    Hearing Date: February 14, 2020    Dept: 27 [TENTATIVE] ORDER RE: MOTION FOR LEAVE TO FILE CROSS-COMPLAINT On April 9, 2019, plaintiffs Matthew Sherman and Robert Dunne (collectively, “Plaintiffs”) filed this action against defendants George Barnett and Verdegaal Bros., Inc. (collectively, “Defendants”) arising from a July 12, 2018 motor vehicle incident.  Dunne was a passenger in a car operated […]

Case Number: BC723093    Hearing Date: February 13, 2020    Dept: 27 [TENTATIVE] ORDER RE: MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT On September 25, 2018, plaintiff Allison Bohrman filed this action against defendants Johnny C. Seamons, Bennett International Group, LLC, and Bennett Motor Express, LLC (collectively, “Settling Defendants”), and Michael James Lhullier. Plaintiff was involved in a motor vehicle accident with […]

Case Number: BC721549    Hearing Date: February 13, 2020    Dept: 27 [TENTATIVE] ORDER RE: DEEFENDANT’S MOTION FOR SUMMARY JUDGMENT INTRODUCTION             Plaintiff Michael S. Newell filed this action against defendants Ronald Havner, Jr. and Leanne Havner (collectively, “Defendants”) for premises liability and negligence.  Defendants owned a residence with motorized gates.  (Undisputed Material Fact (“UMF”) Nos. 1-2.)  Plaintiff, a licensed general contractor, was working on Defendants’ […]

Case Number: BC710924    Hearing Date: February 13, 2020    Dept: 27 [TENTATIVE] ORDER RE MOTION TO SET EXPERT FEE Plaintiff filed this action on June 20, 2018 concerning a motor vehicle collision.  Defendant noticed the deposition of one of Plaintiff’s medical providers, Frank M. Tsuei, D.C., a physical therapist.  Dr. Tseui stated his fee was $900 for the first hour of deposition and […]

Case Number: 19STCV44154    Hearing Date: February 13, 2020    Dept: 27 [TENTATIVE] ORDER RE: DEMURRER AND MOTION TO STRIKE INTRODUCTION On December 10, 2019, plaintiff Jens Frederick Larsen filed this action against defendants Tender Home Health and Annabelle Vita (erroneously sued as “Annabel Evita,” hereinafter “Vita”) (collectively, “Defendants”) for medical malpractice.  Plaintiff also named “All Owners” as defendants.  Defendants demur on the grounds […]

Case Number: 19STCV35469    Hearing Date: February 13, 2020    Dept: 27 [TENTATIVE] ORDER RE: MOTION TO COMPEL ARBITRATION On October 3, 2019, plaintiffs Ashley Heard (“Ashley”) and Jason Heard (“Jason”) filed this action against defendants City of Long Beach and Neutron Holdings, Inc. dba Lime (“Lime”).  Lime offers electric scooter rentals through a smartphone application.  Ashley alleges that on July 3, 2019, she […]

Case Number: BC712498    Hearing Date: February 11, 2020    Dept: 27 [TENTATIVE] ORDER RE: MOTION TO STRIKE PUNITIVE DAMAGES On July 6, 2018, plaintiffs Margarita Manzanarez Rodriguez (“Margarita”) and Andres Rodriguez (“Andres”) filed this action against defendant Jennifer L. Issa for motor vehicle, general negligence, and intentional tort relating to a July 13, 2016 incident.  Plaintiff alleges that while attempting to park […]

Case Number: BC672637    Hearing Date: February 11, 2020    Dept: 27 [TENTATIVE] ORDER RE: DEEFENDANT’S MOTION FOR SUMMARY ADJUDICATION INTRODUCTION             On August 18, 2017, plaintiff Raul Hernandez Medina filed this action against defendant Marcos Ramirez Contreras for negligence arising from a two-vehicle automobile collision.  The collision occurred on October 13, 2016.  At the time of the collision, Defendant was insured through Access General […]

Case Number: BC666884    Hearing Date: February 11, 2020    Dept: 27 [TENTATIVE] ORDER RE: DEEFENDANT’S MOTION FOR SUMMARY JUDGMENT INTRODUCTION             On July 5, 2017, plaintiff Madeline Martinez filed this action against defendants Sam’s West, Inc. dba Sam’s Club (“Defendant”) for negligence and premises liability.  Plaintiff alleges she slipped on a grape and fell while shopping at one of Defendant’s warehouses.  Video surveillance shows […]

Case Number: 18STLC05169    Hearing Date: February 11, 2020    Dept: 25 MOTION TO BE RELIEVED AS COUNSEL  (CCP § 284(2); CRC rule 3.1362) MOTION FOR TERMINATING/EVIDENTIARY SANCTIONS (CCP §§ 2023.030, 2025.450(h)) TENTATIVE RULINGS: Defendant’s Counsel James S. Sifer’s Motion to be Relieved as Counsel is CONTINUED TO APRIL 1, 2020 AT 10:30 A.M. in Department 25. At least 16 court days […]

Motion for Summary Judgment.   The Motion by Defendant Evangelical Friends Church Southwest for Summary Judgment is DENIED. A “party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact . . . .”  (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th […]

The unopposed Motion for Summary Judgment by Defendant Joe K. Wong, M.D. is GRANTED. Plaintiffs have alleged a causes of action for professional negligence and wrongful death. The elements to a claim for medical negligence are (1) a duty to use such skill, prudence, and diligence as other members of the profession commonly possess and […]

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT SEAN ROSS PAUL, Plaintiff, vs.   TISHMAN SPEYER ARCHSTONE-SMITH OAKWOOD TOLUCA HILLS, etc., et al.,     Defendants.       CASE NO.: BC724056   [TENTATIVE] ORDER RE: DEMURRER TO PLAINTIFF’S SECOND AMENDED COMPLAINT; MOTION TO STRIKE Date:  February 4, 2020 Time: 8:30 a.m. Dept. […]

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT KATIE O’CONNELL MARSH, etc., Plaintiff, vs. GAUMONT TELEVISION USA, LLC f.k.a. GAUMONT INTERNATIONAL TELEVISION, LLC, et al.,   Defendants. AND RELATED CROSS-ACTION         CASE NO.: BC691790 [TENTATIVE] ORDER RE: MOTION FOR LEAVE TO FILE THIRD AMENDED CROSS-COMPLAINT Date:  February 4, 2020 […]

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT DE WANA BALLOU, Plaintiff, vs.   PAYPAL HOLDINGS, INC., et al.,   Defendants.         CASE NO.: 19STCV06877 [TENTATIVE] ORDER RE: MOTION TO DECLARE PLAINTIFF AS A VEXATIOUS LITIGANT; TO FURNISH SECURITY; AND REQUESTING ISSUANCE OF A PREFILING ORDER Date:  February 4, […]

LUIS ZULETA, et al., Plaintiffs, vs.   ELIZA KIM, etc., et al.,     Defendants.         CASE NO.: 18STCV04485   [TENTATIVE] ORDER RE: MOTION FOR TERMINATION SANCTIONS Date: February 4, 2020 Time: 8:30 a.m. Dept. 56 FSC: February 10, 2020 Jury Trial: February 24, 2020   MOVING PARTIES: Plaintiffs Luis Zuleta; Jose Luis Moreno Rios; and Alvaro Vega […]

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT KYSA PAUL, etc., Plaintiff, vs.   TARGET CORPORATION, etc., et al.,   Defendants.         CASE NO.: 19STCV25148   [TENTATIVE] ORDER RE: MOTION TO STRIKE PLAINITFF’S FIRST AMENDED COMPLAINT   Date: February 3, 2020 Time: 8:30 a.m. Dept. 56 IDC: April […]

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT KIMBERLY FAY, et al., Plaintiffs, vs.   GLENN SOLOMON, et al.,   Defendants.       CASE NO.: 19STCV24611   [TENTATIVE] ORDER RE: MOTION TO QUASH SERVICE OF SUMMONS AND COMPLAINT   Date:  February 3, 2020 Time: 8:30 a.m. Dept. 56   MOVING PARTIES: Defendants […]

ADVENT, INC. v. NATIONAL UNION FIRE INS. CO. Case No.:  1-13-CV-238904 DATE:  January 21, 2014 TIME:  9:00 a.m. DEPT.: 3 As an initial matter the Court has questions as to what is the operative pleading in this matter.  The First Amended Complaint (“FAC”) filed in federal court was never filed in state court after remand […]

Case Name: Meridian Financial Services, Inc., et al. v. Phan, et al.   Case No.: 1-13-CV-254980 Defendant Chicago Title Company (“Chicago Title”) demurs to the complaint (“Complaint”) filed by plaintiffs Meridian Financial Services, Inc. and Mark Yazdani (collectively, “Plaintiffs”) and moves to strike portions contained therein. On October 22, 2013, Plaintiffs filed a complaint against […]

DESERT DEVELOPMENT, LLC v. AD-WAY SIGNS, INC. Case No.:  1-12-CV-226964 DATE:  January 21, 2014 TIME:  9:00 a.m. DEPT.: 3 Plaintiff/Cross-Defendant’s Request for Judicial Notice of two documents 1) The original Cross-Complaint in this matter filed July 15, 2013, and; 2) This Court’s September 25, 2013 Order on the demurrer to the original Cross-Complaint is GRANTED […]

Case Name: Famarin v. Macy’s & Unknown Loss Prevention Case No.: 17CV320275 Defendant Macy’s West Stores, Inc. (erroneously sued as Macy’s & Unknown Loss Prevention) (“Defendant”) moves to compel plaintiff Genaro Famarin (“Plaintiff”) to appear for his deposition. Background This is an action for assault and battery and civil rights violations arising out of Plaintiff’s arrest […]

Case Name: Wood, et al. v. Kia Motors America, Inc. Case No.: 19CV352849 Defendant Kia Motors America, Inc. (“Defendant” or “KMA”) demurs to the First Amended Complaint (“FAC”) filed by plaintiffs Brian Wood and Lisa Wood (collectively, “Plaintiffs”) and moves to strike portions contained therein. Background Factual According to the allegations of the FAC, on November […]

Case Number: BC714748    Hearing Date: January 02, 2020    Dept: 56 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT SANDRA MEZGER, etc., et al., Plaintiffs, vs.   RANDY RALPH BICK, JR., etc., et al.,     Defendants.   AND RELATED CROSS-ACTION         CASE NO.: BC714748   [TENTATIVE] ORDER RE: DEMURRER TO SECOND AMENDED CROSS-COMPLAINT   Date:  January […]