Category: California Tentative Rulings

Case Number:?BC577100????Hearing Date:?July 13, 2017????Dept:?37 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES?CENTRAL JUDICIAL DISTRICT BLANCA CAROLINA MENJIVAR MERINO, ET AL. Plaintiffs, vs. Metro apts, LLC, et al. ???????????????????????????????Defendants.   ) ) ) ) ) ) ) Case No.:?BC577100 ? Tentative Memorandum of Decision   STATEMENT OF THE CASE This […]

Case Number: KC068301??? Hearing Date: July 21, 2017??? Dept: J Re: Chongquin Senci Import & Export Trade Co., Ltd. v. Amico Power Corporation, etc., et al. (KC068301) MOTIONS TO BE RELIEVED AS COUNSEL (X2) Moving Party: Steve Qi, Law Offices of Steve Qi & Associates, counsel for Defendants Amico Power Corporation and Xingjun Miao aka […]

Case Number: KC067366??? Hearing Date: July 20, 2017??? Dept: J Re: Industry Speedway, LLC v. Industry Hills Expo Center, et al. (KC067366) MOTION TO BE RELIEVED? AS COUNSEL Moving Party: Francisco A. Suarez, Attorney for Plaintiff Respondent: No timely opposition filed POS: Moving papers provide insufficient notice (see below) In this breach of contract action, […]

Case Number: KC069043??? Hearing Date: July 14, 2017??? Dept: J Re: Porfirio De La Peza, et al. v. Herbert Schmidt, et al. (KC069043) DEMURRER TO COMPLAINT; MOTION TO STRIKE PORTIONS OF COMPLAINT Moving Party: Defendant Anthony De La Vera Respondents: Plaintiffs Porfirio De La Peza and Sally A. De La Peza POS: Moving OK; Opposing […]

Case Number: KC069027??? Hearing Date: July 14, 2017??? Dept: J Re: Tina M. Arellano v. Select Portfolio Servicing, Inc., et al. (KC069027) MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT Moving Party: Plaintiff Tine M. Arellano Respondent: Defendant Select Portfolio Servicing, Inc. POS: Moving OK; Opposing OK This is a wrongful foreclosure action involving plaintiff?s […]

Case Number: BC529500??? Hearing Date: July 14, 2017??? Dept: J Re: Richard A. Mumford v. San Dimas Retirement Center, Inc., et al. (BC529500) MOTION TO CONTINUE TRIAL Moving Party: Defendant HRHK, LLC dba Holistic Care Hospice 1 Respondents: No timely opposition filed (A Joint Stipulation to Continue Trial is attached to the moving papers.) POS: […]

Case Number: KC055031??? Hearing Date: July 13, 2017??? Dept: J Re: Citibank (South Dakota) N.A. v. Doo S. Yang (KC055031) HEARING ON CLAIM OF EXEMPTION Moving Party: Judgment Debtor Doo S. Yang Respondent: Judgment Creditor Citibank (South Dakota) N.A. This is a credit card collections action. The complaint, filed on 2/23/09, asserts a cause of […]

Case Number: BC628266??? Hearing Date: July 13, 2017??? Dept: J Re: Mark Dix, et al. v. Live Nation Entertainment, Inc., etc., et al. (BC628255) MOTION TO COMPEL DEFENDANT CITY OF POMONA TO PROVIDE FURTHER RESPONSES TO REQUESTS FOR PRODUCTION (SET ONE), AND FOR SANCTIONS Moving Parties: Plaintiffs Mark Dix and Pamela Dix Respondents: Defendant City […]

Before the Court are multiple motions to ?Enforce Settlement,? as follows: Motion 1😕 by?American Safety Indemnity?as insurer of Viking Plumbing, Inc. [a suspended corp.]; Motion 2😕 by?Delphino?Roofing?Inc.; Motion 3😕 by?Arch?Specialty Ins. Co. and?Everest?National Ins. Co.?as Intervenors for Charles R. Williams Enterprises, Inc. Motion 4:??by?Silverwood Landscape?Constructions Inc.; Motion 5:? by?Custom Quality Millwork, Inc./Custom Quality Finish Inc.; […]

Demurrers filed by defendants Douglas Manchester, Kevin Howard, Kurtis Van Horn, Jr., Adroit Worldwide Media, Inc. (?Adroit?), Cloverleaf Media, LLC (?CM?), and Manchester Financial Group, Inc. (?MFG?) The Demurrers are?SUSTAINED with?15 days leave to amend for the?First, Third, Fifth, Seventh and Ninth?Causes of Action,?SUSTAINED without?leave to amend for the?Fourth and Sixth?Causes of Action, and?OVERRULED?for the?Second […]

Defendant Ronan Cohen?s (?Cohen?) Motion for Judgment on the Pleadings as to the second and third causes of action of the Fourth Amended Complaint (?4thAC?) alleged against him, is granted without leave to amend. Second Cause of Action (Fraud/Fraudulent Concealment) and Third Cause of Action (Negligent Misrepresentation) The misrepresentation causes of action consist of two […]

Plaintiff Newport Harbor Offices & Marina, LLC?s demurrers to the Defendants? Answers are overruled in part and sustained in part with 15 days leave to amend. The demurrer is overruled as to affirmative defense numbers 1, 18, 22, 23, and 24.? The demurrer is sustained with 15 days leave to amend as to affirmative defense […]

Defendant Dan Shavolian?s Motion for Judgment on the Pleadings is denied. Defendant?s Request for Judicial Notice is granted as to Exhibits 1 ? 8.? The request is denied as to Exhibit 9.? Evidence Code Section 452 permits judicial notice of records of any court of the state, but the proffered transcript, which is not a […]

Defendants Dennis D?Alessio, Newport Harbor Ventures, LLC, and D?Alessio Investments, LLC?s motion to set aside the default that was entered on February 15, 2017, is granted. Code of Civil Procedure section 473, subdivision (b) permits a court to grant relief from a judgment, dismissal, order or other proceeding taken against a party on the grounds […]

Plaintiffs Dinh Van Nguyen, Cindy Nguyen, Qui Nguyen, Joseph Nguyen, Thong Nguyen, Lieu Nguyen, and Kelly Nguyen?s motion to withdraw deemed admissions is granted. The motion of Defendants Gui Yun Zhang dba Van?s Mini Market, Min Ha, and Cao Wen for summary judgment on Plaintiff?s Third Amended Complaint (?TAC?) or summary adjudication is denied. Motion […]

The motion of Plaintiffs Laura M. Knox, individually and as Trustee for Laura M. Knox Revocable Trust and Scott Raphael for leave to file a first amended complaint is granted. Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit.? Thus, the court’s discretion will usually be exercised liberally to […]

The court denies Specially Appearing Defendant Greg Weitz?s (?Defendant?) Motion to Quash Service of Summons and the First Amended Complaint for Lack of Personal Jurisdiction. Plaintiffs have met their burden to establish sufficient minimum contacts with California to warrant an exercise of specific personal jurisdiction over Defendant with regard to this lawsuit.? (See Ziller Electronics […]

Defendant Alta Services, Inc.?s (?Alta?) Motion for Summary Judgment is denied. Evidentiary Objections Alta?s evidentiary objections are overruled. Plaintiffs Mindy and Ken Blackburn?s objections to Paragraph 5 (2:7-8), Paragraph 6 (2:9-10), and Paragraph 9 (2:17) of the Brown Declaration, are overruled.? Plaintiffs? remaining evidentiary objections are sustained. Applicable Law ?[F]rom commencement to conclusion, the party […]

Case Number: TC028049??? Hearing Date: May 23, 2017??? Dept: S27 INTRODUCTION Defendant Bank of? America N.A. (?Bank?) move for Judgment on the Pleadings on every Cause of Action in Plaintiff Carol Curry?s Second Amended Complaint for: Fraud; Financial Elder Abuse; Breach of the Implied Good Faith Covenant; Violations of the Homeowner?s Bill of Rights; Negligence; […]

Case Number: NC060938??? Hearing Date: May 23, 2017??? Dept: S27 The Court has consolidated this case to five other cases (NC060956; NC060998; BC645380; BC648977; BC649128).? Norman Ehren, acting in propria persona, is the Plaintiff in each of these cases.? Lynne Ehren, Plaintiff?s mother, is a Defendant in each of the cases (his father is a […]

Case Number: BC634008??? Hearing Date: May 23, 2017??? Dept: S27 INTRODUCTION Defendant Long Beach Unified School District (?LBUSD?) demurs to the First, Third, and Sixth Causes of Action in Plaintiff V.F.?s complaint alleging: Violation of Government Code section 815.2; Breach of Mandatory Duty (Government Code section 815.6); Dangerous Condition of Public Property; Assault and Battery; […]

Case Number: TC028752??? Hearing Date: May 23, 2017??? Dept: A # 6. Paola Quezada aka Paula Quezada, et al. v. Yesica Quezada, et al. Case No.: TC028752 [related to 17un0301] Matter on calendar for: Motion for preliminary injunction Tentative ruling: Background In this long-running family dispute, Plaintiff Paula Quezada alleges the following causes of action […]

Case Number: TC028751??? Hearing Date: May 23, 2017??? Dept: A # 5. Baksh Construction, Ajim Baksh v. Rene Mendez, RMZ Group Case No.: TC028751 Matter on calendar for: Motion for Order Releasing and Expunging Mechanic?s Lien Tentative ruling: Plaintiffs Baksh Construction, Inc. and Ajim Baksh filed a First Amended Complaint (?FAC?) on April 17, 2017. […]

Case Number: TC028694??? Hearing Date: May 23, 2017??? Dept: A # 4. Creditors Adjustment Bureau v. Herrera Trucking & Transportation Inc., et al. Case No.: TC028694 Matter on calendar for: Demurrer, motion to strike Tentative ruling: Background Plaintiff Creditors Adjustment Bureau (?CAB?), a collection agency and assignee of State Compensation Insurance Fund, has sued Defendant […]

Case Number: TC028317??? Hearing Date: May 23, 2017??? Dept: A # 3. Financial Pacific Leasing, Inc. v. Saddlesprings Beverage Co. Case No.: TC028317 Matter on calendar for: Unopposed application for right to attach order and writ of attachment; CMC Tentative ruling on application for right to attach order and writ of attachment: Background In this […]