Category: California Tentative Rulings

Case Number: 23SMCV00589    Hearing Date: December 8, 2023    Dept: 207 TENTATIVE RULING DEPARTMENT 207 HEARING DATE December 8, 2023 CASE NUMBER 23SMCV00589 MOTION Demurrer MOVING PARTY Defendant NAI Capital Commercial, Inc. OPPOSING PARTY Plaintiff Alexander Rivkin, MD MOTION Defendant NAI Capital Commercial, Inc. (“Defendant”) demurs to all three causes of action alleged in Plaintiff Alexander Rivkin, MD’s (“Plaintiff”) Complaint. This case […]

Case Number: 22STCV10330    Hearing Date: December 8, 2023    Dept: 207 TENTATIVE RULING DEPARTMENT 207 HEARING DATE December 8, 2023 CASE NUMBER 22STCV10330 MOTION Motion to be Relieved as Counsel MOVING PARTY Thomas D. Sands, Esq. OPPOSING PARTY (none) MOTION             Thomas D. Sands of The Sands Law Group, APLC, counsel for Cross Defendant Jafiel Drinkwater (“Counsel”) moves to be relieved as counsel, […]

Plaintiff Scenic Enterprise, LLC’s motion for protective order is granted. (See Code Civ. Proc., § 2025.420.) Defendant shall pay $5,462.50 in discovery sanctions to plaintiff. (See Code Civ. Proc., § 2025.420, subd. (h).) “Depositions of opposing counsel are presumptively improper, severely restricted, and require ‘extremely’ good cause — a high standard.” (Carehouse Convalescent Hospital v. […]

Demurrer Cross-defendant Colette Denise Daniels’ demurrer sustained as to the 2nd-4th causes of action and otherwise overruled. (See Code Civ. Proc. § 430.10, subd. (e).) Cross-complainant SIB-Monaco LLC shall have leave to file and serve an amended cross-complaint within 15 days. 1st cause of action, breach of contract. The cross-complaint states facts sufficient to constitute […]

Plaintiff, Eitan Beznos (“Plaintiff”), moves for an order compelling Defendant Horizon Construction & Remodeling, Inc. (“Horizon”) to serve verified responses and responsive documents, without objections to Plaintiff’s Requests for Production, Set One, within 10 calendar days of the hearing of the motion, and for an order that Horizon and its counsel of record Fred Hayes […]

Defendant American Honda Motor Co., Inc. filed a Motion to Compel Arbitration and Request for Judicial Notice. As an initial matter, Defendant’s unopposed Request for Judicial Notice is GRANTED. Under the circumstances of this particular case, the court finds that Defendant American Honda Motor Co., Inc. is a third party beneficiary of the Arbitration Agreement.  […]

Defendant Nissan North America, Inc., the manufacturer and a non-signatory to the Retail Installment Sale Contract, filed a Motion to Compel Arbitration. The Court recognizes that there is a split of authority on the issue.  The Third District in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 found that an arbitration agreement contained in a sales […]

Defendant Nissan moves to compel arbitration, asserting that the arbitration provision is governed by the Federal Arbitration Act (“FAA”).  “Although the FAA preempts any state law that stands as an obstacle to its objective of enforcing arbitration agreements according to their terms… we apply general California contract law to determine whether the parties formed a […]

Defendant Essex Property Trust, Inc.’s has filed a Motion to Compel Arbitration and Stay Action. The Court OVERRULES defendant Essex Property Trust’s objections to the Declaration of plaintiff Hall and the Amended Declaration of Plaintiff Hall. The Mutual Arbitration Agreement expressly states that it “shall be governed by the FAA (9 U.S.C. § 1 et. […]

Plaintiff, Robert Campbell (“Plaintiff” or “Campbell”), moves for an order staying and consolidating the instant unlimited civil case, Campbell v. Brooks, case no. 30-2022-01286871-CU-BC-WJC (the “Unlimited Action”) and an unlawful detainer case, Brooks v. Campbell, case no. 30-2023-01312405-CL-UD-CJC (the “UD Action”). On 08/10/23, the Court’s tentative ruling was to deny Plaintiff’s Motion to Consolidate and grant the […]

Defendants Laura Waldrop and John Waldrop (“Defendants”) demur to all causes of action in the operative First Amended Complaint.  Defendants properly met and conferred prior to bringing the Demurrers.  (Code Civ. Proc., § 430.41, subd. (a).) PLAINTIFF CANNOT CLAIM HE WAS DEFENDANTS’ EMPLOYEE TO AVOID BUSINESS AND PROFESSIONS CODE SECTION 7031 The main difference between […]

Motion: Defendant Paul Espinoza’s Motion for Judgment on the Pleadings Tentative Ruling: The Court initially notes that the opposition has been considered despite being untimely. Counsel is admonished for failing to abide by the requisite deadlines. Defendant Paul Espinoza’s Motion for Judgment on the Pleadings is GRANTED pursuant to Code of Civil Procedure section 438. […]

COUNTY OF VENTURA Tentative Ruling 201900525298CUMM: Dobbert vs Los Robles 08/08/2023 in Department 21 Hearing on Motion in Limine Case No.: 56-2019-00525298-CU-MM-VTA Assigned for all Purposes to Judge: Hon. Jeffrey G. Bennett Department: 21 Motions in Limine The court may adopt, modify or reject the tentative ruling following the scheduled hearing. This tentative ruling will […]

Defendant’s demurrer to the First Amended Complaint. Sustain demurrer w/o leave to amend. B & P 7031 prevents recovery by an unlicensed contractor for contractor work performed. The FAC alleges that the parties were in a romantic relationship that led plaintiff into moving into defendant’s home, and that the home was in need of significant […]

MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT   MOVING PARTY:               Defendants HFE LLC, Wee Hin, and Robert Chen (“Moving Parties”) RESPONDING PARTY:      Defendants Jianqiang Gu, CADM, Inc. CAXYH LLC, CAYFD LLC, CAMYG LLC, CAMG LLC, CAJYQNG LLC, and Cross-Complainants CADM INC. (“Opposing Parties”) SERVICE:                              Filed June 21, 2023 OPPOSITION:                       Untimely filed July 11, 2023   REPLY:                                   Filed July 12, 2023 RELIEF […]

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 […]