Category: California Tentative Rulings

Plaintiff?Hyundai Capital America?s?Motion to Reclassify Action from Limited to Unlimited Jurisdiction?is GRANTED.??Plaintiff to pay the reclassification fee?pursuant to?CCP ? 403.040(c)(1) within twenty (20) days. The Court sets an OSC re: Payment of Reclassification Fee on August 10, 2018, at 8:30 a.m. in Department 94. On December 8, 2017, Plaintiff Hyundai Capital America (?Plaintiff?) filed this […]

Plaintiff Arrow Disposal Services, Inc.?s Motion to Deem the Truth of Matters Specified in Request for Admissions, to Compel Responses to First Set of Form Interrogatories, and to Request for Sanctions is GRANTED IN PART.??Pursuant to?CCP ? 2033.280, the truth of the matters specified in Plaintiff?s Request for Admissions to Defendant Joseph Christie Bradley?is hereby […]

Plaintiff Laurie J. Butler?s?Motion for Default and Default Judgment is DENIED. On May 16, 2017, Plaintiff Laurie J. Butler (?Plaintiff?), a professional corporation dba The Butler Law Form, filed this action against Defendant?Konstantino Valaskantzis?aka?Konstantino Valaskantjis?(?Defendant?). On June 4, 2018,?Plaintiff?filed a Motion for Default and Default Judgment (the ?Motion?). Discussion Plaintiff moves for a court order […]

Plaintiff State Farm Mutual Automobile Insurance Co.?s Motion to Compel Responses to Form Interrogatories?and?to?Request for Sanctions?is GRANTED.??Defendant Janet Romero is ordered to serve a verified response, without objections, to Plaintiff?s Form Interrogatories within twenty (20) days of the date of serving a notice of this Order by Plaintiff.??Plaintiff?is awarded $960 in monetary sanctions in the […]

Plaintiff Sara Campbell?s Motion to Deem the Truth of Matters Specified in Request for Admissions as Admitted?is GRANTED.?Plaintiff is awarded?the amount of $300 in monetary sanctions against Defendant Nathanael Lineham aka Garry Lineham, payable within 30 days service of notice of this order by Plaintiff. On December 27, 2016, Plaintiff Sara Campbell (?Plaintiff?) filed this […]

Plaintiff Gary T. Makiyama?s Motion for Reconsideration?is DENIED.??On the Court?s own motion?under?CCP ? 473(d) and CCP ? 187, the?April 10, 2018?dismissal is hereby vacated.??The Court set an OSC Hearing re: Entry of Default for Default and Default Judgment on Janaury 24, 2019 at 8:30 a.m. in Department 94. Introduction At the OSC Hearing?re:?Entry of Default […]

Case Number:?BS173012????Hearing Date:?June 21, 2018????Dept:?85 James Samatas v. City of Los Angeles, et al., BS 173012 Tentative decision on demurrer:??sustained in part and overruled in part Real Parties Tanager, NK, LLC, and 1410 Tanager, LLC (collectively, ?Tanager?), and Respondents City of Los Angeles (?City?), Central Los Angeles Area Planning Commission (?APC?), and City Board of […]

Case Number:?BS171774????Hearing Date:?June 21, 2018????Dept:?85 Sandra Obando v. Housing Authority of the City of Los Angeles, BS 171774 Tentative decision on motion to correct/augment the record: denied Respondent Housing Authority of the City of Los Angeles (?HACLA?) moves to augment the administrative record.??The court has read and considered the moving papers, opposition, and reply, and […]

Case Number:?BS171671????Hearing Date:?June 21, 2018????Dept:?85 Bruce Dwain Copeland v. California Contractors Licensing Board, et al.,???????????BS 171671 Tentative decision on petition for writ of mandate: denied Petitioner Bruce Dwain Copeland (?Copeland?) seeks a writ of mandate directing Respondent California Contractors State License Board (?Board?) to set aside the citations issued to him. The court has read […]

Case Number:?BS164497????Hearing Date:?June 21, 2018????Dept:?85 Eurocom Networks S.A. v. Chol Enterprises, Inc., BS 164497 Tentative decision on (1) motion to strike costs: granted; (2) motion for additional attorneys? fees: granted Respondent Chol Enterprises, Inc. (?CEI?) moves to strike or tax the memorandum of costs filed by Petitioner Eurocom Networks S.A. (?Eurocom?).??Eurocom moves for additional attorneys? […]

Case Number:?BC702093????Hearing Date:?June 21, 2018????Dept:?85 Mutual Trading, Co v. Hiroyuki Kodama, et al., BC 702093 Tentative decision on application for right to attach order: granted Plaintiff Mutual Trading Co., Inc. (?MTC?) seeks a right to attach order in the amount of $1,215,701 against Defendant Hiroyuki Kodama (?Kodama?). The court has read and considered the moving […]

Case Number:?BC699596????Hearing Date:?June 21, 2018????Dept:?85 Frank M. Ifediba v. California Board of Registered Nursing, et al., BC 699596 Tentative decision on application for preliminary injunction:??denied Plaintiff Frank M. Ifediba (?Ifediba?) applies for a preliminary injunction against Defendants California Board of Registered Nursing (?Board?) and the Board?s Executive Officer, Joseph L. Morris (?Morris?), to stay the […]

Case Number:?BC682421????Hearing Date:?June 21, 2018????Dept:?85 Oak River Insurance Company v. Melik Dye Works, Inc., BC 682421 Tentative decision on application for right to attach order:??granted Plaintiff Oak River Insurance Company (?Oak River?) seeks a right to attach order in the amount of $133,876.91 against Defendant Melik Dye Works, Inc., dba Classy Dyeing & Finishing (?Melik […]

DEMURRER ?Defendants, with the exception of James Kidong Cho and Tiffani C. Wu, demur to the 1st -13th causes of action, as supplemented by the Short Form Complaints, on the grounds that each cause of action is uncertain and fails to state sufficient facts. 1st, 2nd and 8th?causes of action.[1]?Defendants demur to the First Cause […]

This is an employment discrimination case wherein plaintiff contends she was wrongfully denied promotion from the Sheriff?s training academy on account of her gender and race.? Before the Court this day is a motion by plaintiff to compel production of key weekly grad sheets, and a competing motion by defendant for summary judgment/adjudication. Motion to […]

Motion to Compel Further Responses to Special Interrogs The renewed Motion to Compel Production of Business Records filed by Plaintiff Lidya Buenrostro is?GRANTED IN PART, as to the subpoena to Cox for ?? 2 and 3 therein. A plaintiff seeking compulsory disclosure of an allegedly libelous speaker’s identity from an internet service provider must state […]

Motion for Trial Preference Plaintiff Maria C. Hernandez?s unopposed Motion for Trial Preference is GRANTED.? The trial date is 10-1-18 since 120 days from this 5/31/18 hearing date is 9/28/18. Under C.C.P. ? 36(a), the Court is required to grant trial preference to the moving party.? ?[S]ection 36 is mandatory and absolute in its application […]

The Demurrer filed by Defendant 12151 Brookhurst LLC (?Owner?) to Plaintiff?s First Amended Complaint (the ?FAC?) is?OVERRULED. Owner here has attempted to demur to all causes of action (?COAs?) in the FAC, without reference to and apparently without regard to the Court?s prior ruling on Owner?s prior demurrer to the original Complaint. The Court overruled […]

Motion for Right to Attach Order and Writ of Attachment Upon careful consideration of the parties? filings, Plaintiff Fred Sacher?s, and Alexander ?Ted? Alvarez?, motion/application for the prejudgment remedy of a writ of attachment is denied. Legal Standards Attachment is considered to be a harsh remedy and the statutory requirements are subject to strict construction.? […]

Motion for Attorney Fees Digitech?s Motion for Attorney Fees in Contract Action (?Motion?) is DENIED for lack of produced evidence supporting the requested attorney fees and costs.? Digitech has leave to file an amended Motion, with proper supporting evidence, within 10 days, set for a regularly noticed hearing. Digitech is to re-file its Motion and […]

1)Plaintiff Dana Point Automotive Inc.s Motion to Consolidate 2)Status Conference The Motion to Consolidate CCP ? 1148 provides trial courts with discretion to consolidate pending actions involving common questions of fact or law.? These cases involve common questions of fact or law and consolidation is appropriate.? The purpose of consolidation is to enhance trial court […]

1)Defendant William G Ayyad and Harry R Bigham?s Demurrer to Fourth Amended Complaint 2)Status Conference Defendants? demurrer is based on the premise that they were nothing more than investors in the project and had neither sufficient control nor involvement to establish liability on Plaintiff?s claims.? Plaintiff responds by arguing that the complaint includes sufficient alter […]

Defendant Darlene Powell, Jeffrey A. Thrash, Orange County Association for Mental Health?s Demurrer to Amended Complaint In 1992, the California Supreme Court stated:? ?[s]o long as ? the employer’s conduct neither contravenes fundamental public policy nor exceeds the risks inherent in the employment relationship, an employee’s emotional distress injuries are subsumed under the exclusive remedy […]

Plaintiff Josefa S. Vargas?s Motion for Attorney Fees Plaintiff?s motion for attorneys? fees is?granted in part and denied in part.? The Court awards the actual fees sought (the lodestar) in the sum of $98,515 and costs in the sum of $8,045.55 for a total award of?$106,560.55.?The court denies Plaintiff?s request for the application of a […]

Motion: Demurrer to Complaint.?Moving Party Defendants Christiana Trust, a Division of Wilmington Savings Fund Society, FSB, as Trustee for ARLP Trust 3; and Mortgage Electronic Registration System Inc.? Responding Party Plaintiff Tina Nga Troung. Ruling: Defendants? demurrer to Plaintiff?s Complaint is SUSTAINED with 15 days leave to amend.? (CCP ? 430.10(e).) Defendants? request for judicial […]