Category: California Tentative Rulings

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 […]

Plaintiff the Estate of Frances Marsh moves to compel Defendant Chicago Title Insurance Company to provide supplemental responses to the first set of form interrogatories, requests for admission, and requests for production of documents.  For the following reasons, the motion is GRANTED in part and DENIED in part. General Authority to Compel Further Responses. Responses […]

Defendant Nissan North America, Inc. moves to compel arbitration of the claims asserted in the Plaintiff Arturo Nungaray’s complaint.  For the following reasons, the motion is DENIED. Request for Judicial Notice Defendant asks the Court to take judicial notice of the Complaint filed in this case and the Notice of Entry of Dismissal filed in […]

For the reasons set forth below, the Demurrer to the First Amended Complaint brought by Defendant Chuong Ngoc Tran is OVERRULED, as to the First, Second, Third, Fourth, Sixth, Seventh and Ninth Causes of Action. The Demurrer to the Fifth Cause of Action is SUSTAINED, without leave to amend. With respect to the First Cause […]

Superior Court of California County of Los Angeles Department 26   147-151 W. 25TH ST., LLC,   Plaintiff, v.   GRG COLLECTIVE, LLC, et al.,   Defendants.   Case No.:  19STCV07425 (Consolidated with 19STCV39298)   Hearing Date:  September 15, 2022     [TENTATIVE] ORDER RE: PLAINTIFF CJWORLD-LA, CHANG LEE AND ERIC LEE’S MOTION TO DISQUALIFY ALLISON B. MARGOLIN AND MOTION […]

Case Number: 22STCP00797    Hearing Date: September 1, 2022    Dept: 31 PETITION TO COMPEL ARBITRATION & PAYMENT OF ARBITRATION FEES IS GRANTED, IN PART Background  On March 8, 2022, Petitioner Darin Beffa filed this Petition to Compel Arbitration and Payment of Arbitration Fees against Respondents John Pierce, David Sergenian, Pierce Bainbridge Beck Price & Hecht LLP (“Pierce Bainbridge”), formerly known as Pierce […]

Case Number: 21STCV40909    Hearing Date: September 1, 2022    Dept: 31 MOTION TO COMPEL DEPOSITION OF PMK WITH PRODUCTION IS GRANTED, IN PART Background  On November 05, 2021, Plaintiff Ana Jimenez filed a Complaint against General Motors, LLC (“GM”) and Does 1 to 20 for violations of the Song-Beverly Act. On August 08, 2022, Plaintiff moved to Compel the Deposition of […]

Case Number: 21STCV22158    Hearing Date: September 1, 2022    Dept: 31 MOTION TO COMPEL ARBITRATION AND STAY COURT ACTION IS GRANTED Background  This is a wage and hour action brought by plaintiff Cassondra Hollman (“Plaintiff”) under California’s Private Attorneys General Act (“PAGA”). On June 11, 2021, Plaintiff filed the  complaint and on August 17, 2021, filed the First Amended Complaint (“FAC”) against […]

Case Number: 21STCV16669    Hearing Date: September 1, 2022    Dept: 31 MOTION TO SET ASIDE/VACATE DISMISSAL IS DENIED Background  On April 30, 2021, Plaintiff pro se Briand Williams as an individual and class representative filed a Complaint against the Los Angeles County Sheriff’s Department; County of Los Angeles, Los Angeles County Sherriff’s Department of Medical Services; Integrated Correctional Health Services; Correctional […]

Superior Court of California County of Los Angeles Department 26 YENI ARMIDA AREVALO HERRERA, et. al.   Plaintiffs, v. SFV PORTFOLIO 14612-14654 BLYTHE OWNER LP, a Delaware Limited Partnership, et al. Defendants.   Case No.:    22STCV05276   ORDER RE:   DEFENDANTS 14626 BLYTHE STREET ASSOCIATES, LLC AND 14630-14636 BLYTH ASSOCIATES, LLC’S MOTION TO STRIKE             Procedural Background […]

Superior Court of California County of Los Angeles Department 26   MARIA SANABRIA,   Plaintiff, vs.   CARGOMATIC INC., a California Corporation, and DOES 1 through 20, Inclusive,   Defendants.   Case No.:  21STCV14219   Hearing Date:  August 31, 2022   [TENTATIVE] ORDER RE: DEFENDANT CARGOMATIC INC.’S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION       […]