Category: California Tentative Rulings

Case Number: 23AHCV00586    Hearing Date: July 19, 2023    Dept: 3 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – NORTHEAST DISTRICT DAMON PALLAIS, Plaintiff(s), vs.   DEKAVEN ASHLEY,   Defendant(s). ) ) ) ) ) ) ) ) ) ) )       CASE NO.: 23AHCV00586   [TENTATIVE] ORDER RE: PETITION TO CONFIRM MINOR’S COMPROMISE   Dept. 3 8:30 […]

Case Number: 23AHCV00379    Hearing Date: July 19, 2023    Dept: 3 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES – NORTHEAST DISTRICT JOSE RIVERA, Plaintiff(s), vs.   CALIFORNIA STATE LOTTERY COMMISSION,   Defendant(s). ) ) ) ) ) ) ) ) ) ) )       CASE NO.: 23AHCV00379   [TENTATIVE] ORDER RE: MOTION TO QUASH SERVICE OF PROCESS   […]

Case Number: 20STCV42495    Hearing Date: April 24, 2023    Dept: 40 Superior Court of California County of Los Angeles Department 40 IVY FLORES, an individual; AMANDA PORTOBANCO, an individual, Plaintiffs, v. MAZDA MOTOR OF AMERICA, INC., A California Corporation; and DOES 1 through 20, inclusive, Defendants.  Case No.:          20STCV42495 Hearing Date:   4/24/23 Trial Date:         11/14/23  [TENTATIVE] RULING RE: Defendant Mazda Motor of America, Inc.’s […]

Grassi Construction, Inc. v. Michael Ru Bello, et al. 19CV000679 DEFENDANT’S MOTION TO STRIKE OR TAX COSTS ON APPEAL TENTATIVE RULING: The motion is DENIED. Defendant Michael Ru Bello moves for an order taxing the $545 in costs on appeal claimed by Plaintiff Grassi Construction, Inc. Defendant makes the following argument. “Plaintiff’s Memo merely lists […]

DEFENDANT TERRA REAL ESTATE SERVICES’ DEMURRER TO COMPLAINT TENTATIVE RULING: The unopposed Demurrer of Defendant Del Terra Real Estate Services, Inc. (Defendant) to the Complaint of Plaintiff Alum Rock Union Elementary School District (Plaintiff) is OVERRULED IN PART and SUSTAINED IN PART WITH LEAVE TO AMEND. As a threshold matter, the Court exercises its discretion […]

DEFENDANTS CORNERSTONE TITLE COMPANY AND REALOGY HOLDING CORP. DEMURRER TO PLAINTIFF’S COMPLAINT TENTATIVE RULING: Defendant Realogy Holding Corp.’s (Realogy) Demurrer to Plaintiff’s Complaint is SUSTAINED WITH LEAVE TO AMEND. Defendant Cornerstone Title Company’s (Cornerstone) Demurrer to Plaintiff’s Complaint is OVERRULED. 1.       Realogy’s Demurrer Based solely on allegations that Realogy “is the controlling company for” Cornerstone […]

DEFENDANT LIANNE MCLEAN’S DEMURRER TO FIRST AMENDED COMPLAINT TENTATIVE RULING: Defendant’s Demurrer to First Amended Complaint (FAC) is SUSTAINED WITH LEAVE TO AMEND. As to the first cause of action for breach of contract, the FAC does not sufficiently allege the legal effect of the express and implied oral contract between Plaintiff and Defendant. (See […]

HEARING ON DEMURRER TO FIRST AMENDED COMPLAINT BY DEFENDANT CITY OF SAN MATEO TENTATIVE RULING: Defendant’s Demurrer to Plaintiff’s First Amended Complaint is SUSTAINED in part pursuant to Cal. Code of Civ. Proc. § 430.10(e), with leave to amend, and OVERULED in part, as follows: The Garcia Decl. ISO Demurrer indicates that counsel were unable […]

DEMURRER TO PLAINTIFF’S SECOND AMENDED COMPLAINT BY DEFENDANT ASSOCIATION OF FLIGHT ATTENDANTS-CWA, AFL-CIO TENTATIVE RULING: The Demurrer of Defendant Association of Flight Attendants-CWA, AFL- CIO (“Defendant”) to the Second Amended Complaint (“FAC”) by Plaintiff Mitchell F. Toole (“Plaintiff”) is ruled on as follows: (1) Demurrer to the First Cause of Action for Intentional Misrepresentation, Second […]

MOTION FOR SUMMARY OF JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION BY DEFENDANT ROGER KAO, M.D. TENTATIVE RULING: For the reasons stated below, Defendant Roger Kao M.D.’s Motion for Summary Judgment, or alternatively, for Summary Adjudication, filed 10- 21-22, is DENIED. Code Civ. Proc. Sect. 437c. First, the Motion is procedurally defective because […]

The motion is brought pursuant to CCP §§ 598 and 1048(b). Both sections are permissive. Section 598 reads, in pertinent part: “The court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, […]

RULING: The hearing on this motion is continued to April 14, 2023 at 1:30 p.m. in Department CX103 so that Plaintiffs may address the issues identified below. It is not necessary for Plaintiffs to resubmit briefing which has already been filed with the court. Supplemental declarations or other supplemental materials shall be filed at least […]

Having reviewed the proposed Settlement Agreement, the proposed Notice and the accompanying papers, the Court has the following concerns: Are there any other representative or class actions in any other courts that assert claims similar to those alleged? (See Guidelines for PAGA Settlements No. 10.) The LWDA letter sent February 24, 2021 (Ex. 1 to […]

PROCEDURAL HISTORY: Plaintiff Silva filed the operative complaint (ROA 2) on August 20, 2021 and filed his Motion for Court Approval of the PAGA Settlement on March 23, 2022 (ROA 40). On May 6, 2022, Plaintiff In Intervention (Arreola) filed a Motion for Leave to Intervene (ROA 54), which was granted on August 12, 2022 […]

Defendant’s “supplemental” responses contain nothing more than additional objections that could have been asserted in Defendant’s original response. The Code of Civil Procedure does not provide for “further objections” or “supplemental objections.” The Code only allows for a further or supplemental response. (CCP §§ 2031.310 as to Demands for Production; see also CCP §§ 2030,230, […]

A party moving to compel arbitration under Code Civil Procedure Section 1281.2 must prove by a preponderance of the evidence that: (1) The parties entered into a written agreement to arbitrate; (2) One or more of the claims at issue are covered by that agreement; and (3) The responding party refused a prior demand for […]

Motions At Issue: (1) Motion to Compel Answers to Special Interrogatories; (2) Motion to Compel Answers to Special Interrogatories; and (3) Motion to Compel Production RULING: Before the court are Plaintiff’s motions to compel Defendant Houdini, Inc. to provide further responses to Special Interrogatories, Set Two, No. 2; Special Interrogatories, Set Three, Nos. 3-25; and […]

Case Number: 20STCV23741    Hearing Date: November 21, 2022    Dept: 40 MOVING PARTY:               Plaintiff Rubi Castro. Plaintiff Rubi Castro sues Defendants City of Long Beach and LBPD Sergeant Norma Carrillo for (1) FEHA Sex and Medical Discrimination (Long Beach only), (2) Failure to Prevent FEHA Discrimination and Harassment (Long Beach only), (3) Hostile Work Environment (Harassment) (Long Beach and Carrillo), (4) Intentional […]

Moving Party: Real Party in Interest The Center for Scientific Integrity Responding Party: Petitioner Constance Iloh RULING: Real Party in Interest The Center for Scientific Integrity’s (“CSI”) Special Motion to Strike Complaint Under CCP 425.16 (Anti-SLAPP) is DENIED. STANDARD OF LAW “A cause of action against a person arising from any act of that person in furtherance […]

Moving Party:  Defendant, Sam Rad Responding Party:  Plaintiff, Keyvan Fattahi RULING: The demurrer of defendant Sam Rad to the second cause of action for Fraudulent Deceit, third cause of action for Intentional Misrepresentation, and fourth cause of action for Negligent Misrepresentation alleged in plaintiff Keyvan Fattahi’s Complaint is SUSTAINED with 20-days leave to amend. Defendant demurs to […]

Moving Party: Specially Appearing Parties Anne Ford and William Perry Ford Responding Party: Receiver Stephen Donell and Quality Healthcare Asset Management, LLC RULING: The Motion of Specially Appearing Parties Anne Ford and William Perry Ford (“Movants”) for leave to sue the Receiver Stephen Donell and Quality Healthcare Asset Management, LLC is DENIED as MOOT. People v. Stark, (2005) 131 Cal. […]

Moving Party: Plaintiffs John and Leslee Sarno Responding Party: Defendant Kaiser Foundation Health Plan, Inc. RULING: The motion for reconsideration by Plaintiffs John and Leslee Sarno (“Plaintiffs”) regarding the Court’s 9/15/21 order granting summary judgment in favor of Defendant Kaiser Foundation Health Plan, Inc. (“Kaiser”) is DENIED. Plaintiffs move for reconsideration on the grounds that Kaiser failed to properly […]

Moving Party: Defendant Gilbert Jody Responding Party: Unopposed. RULING: Defendant Gilbert Jody’s Motion for Terminating Sanctions is GRANTED. Moving Defendant seeks an order granting terminating sanctions and monetary sanctions. When a party fails to obey a court order, the full range of discovery sanctions becomes available. (Code Civ. Proc. §§ 2023.010(g), 2023.030.) The behavior justifying terminating sanctions includes repeated refusals to […]

Moving Party:  Plaintiff, Eagle Community Credit Union Responding Party:  No opposition filed RULING: Plaintiff Eagle Community Credit Union’s unopposed motion for an award of attorney’s fees is GRANTED. Entitlement to attorneys’ fees: Code of Civil Procedure section 1033.5, subdivision (a)(10) authorizes the recovery of attorney’s fees based on contract, statute or law. Further, Civil Code […]

Motion for Summary Adjudication. Defendant MBSB Legacy LP’s motion for summary adjudication is DENIED in its entirety. Defendant MBSB Legacy LP (Defendant) moves for summary adjudication of the first, second, and third causes of action of the First Amended Complaint (FAC) of Plaintiff Ali Reza Nikjou aka Kevin Nikjou dba AAA Remodeling, Inc. (Plaintiff). A […]