Category: California Tentative Rulings

Case Number: NC060536??? Hearing Date: May 31, 2016??? Dept: S27 Plaintiff Diosdado Valondo, Jr. moves to consolidate cases 16F00804 and 16F00806 into the case before this Court, NC060536. Plaintiff does not identify the parties to the other cases, much less demonstrate that all cases arise from the same nucleus of facts or that judicial economy […]

Case Number: NC059431??? Hearing Date: May 31, 2016??? Dept: S27 Defendant John Contos’ deposition was properly noticed for January 15, 2016. He did not appear on that date. Exhibit 3 is the CSR’s Certificate of Non-Appearance. Plaintiff served a second notice of deposition to be held on February 18, 2016 for a deposition to be […]

Case Number: GC043394??? Hearing Date: June 08, 2016??? Dept: 310 SIGMA MECHANICAL v. MORILLO CONSTRUCTION, INC. TENTATIVE RULING ON STIPULATED TRIAL REGARDNG WHETHER MCKINLEY WAS ADEQUATELY LICENSED OR SUBSTANTIALLY COMPLIED WITH THE LICENSURE REQUIREMENT TENTATIVE RULING The Court determines that McKinney was not adequately licensed during the time it performed work on the project. The […]

Case Number: BC530954??? Hearing Date: May 31, 2016??? Dept: 310 SUMO v. TORRANCE MEMORIAL MEDICAL CENTER MOTION FOR CLASS CERTIFICATION TENTATIVE RULING Deny motion for class certification DISCUSSION I. Background Plaintiff Evelyn Sumo brought this putative wage-and-hour class action against her employer, Torrance Memorial Medical Center. Plaintiff alleges that Defendant adopted and maintained uniform policies, […]

Case Number: BC599722??? Hearing Date: May 27, 2016??? Dept: 78 Superior Court of California County of Los Angeles Department 78 JADE CHARM GROUP LIMITED, et al.; Plaintiffs, vs. MICHAEL YU; Defendants. Case No.: BC599722 Hearing Date: May 27, 2016 [TENTATIVE] RULING RE: DEFENDANT MICHAEL YU?S DEMURRER TO AND MOTION TO STRIKE PLAINTIFFS? FIRST AMENDED COMPLAINT. […]

Case Number: BC562700??? Hearing Date: May 27, 2016??? Dept: 78 Superior Court of California County of Los Angeles Department 78 FREDERICK C. JOHNSON; Plaintiff, vs. PHILLIPS & RICKARDS, et al.; Defendants. Case No.: BC562700 Hearing Date: May 27, 2016 [TENTATIVE] RULING RE: DEFENDANTS PHILLIPS & RICKARDS AND WENDELL PHILLIPS? MOTION TO COMPEL PLAINTIFF?S ATTENDANCE AT […]

The Motion for Summary Judgment or, Alternatively, Summary Adjudication of Issues of Defendant, David William Hanna, Trustee of the David William Hanna Trust Dated October 30, 1989, is granted. Defendant?s Request for Judicial Notice is granted. Defendant met his initial burden of producing admissible evidence sufficient to show that the plaintiff?s action has no merit, […]

Defendant Wei Li?s demurrer to the third amended complaint (?TAC?) of plaintiffs Gui Fang Zhang and Sun Star Office Inc. is overruled. First Cause of Action for Fraud The court previously overruled Defendant?s demurrer to Plaintiffs? fraud cause of action.? Defendants do not claim or show that the current pleading is different in any material […]

The Motion to Set Bond Amount to Maintain Lis Pendens of Defendants, Bruce Elieff, Kathy Elieff and 4627 Camden, LLC, is denied. Plaintiff?s Request for Judicial Notice is granted.? Plaintiff?s Evidentiary Objections to the Declaration of Daniel S. Miller are sustained. ?Defendants? Request for Judicial Notice is granted. On 2/1/13, the court stayed this case […]

(1) Petitioners? Motion for Writ of Mandate is granted in part and denied in part. Petitioners? evidentiary objections 1, 2 and 5 are sustained; objections 3, 4, 6, and 7 are overruled. Respondent?s evidentiary objection to Paragraph 19 of the Sung declaration is sustained; objections to Paragraphs 2, 3 and Exhibit A, and 4 and […]

Demurrer of Defendant Tushar Ramnik Doshi to Plaintiffs? Second Amended Complaint: The demurrer challenge to 1st and 5th causes of action (coas) of the Second Amended Complaint (2nd AC) asserted by plaintiffs is overruled in its entirety. (a) 1st cause of action for breach of contract (k) is now sufficiently certain, and states a cause […]

Motion by AIG Specialty Insurance Company, Intervenor for Defendant and Cross-defendant Davis Brothers Framing, Inc., to Contest the Good Faith Settlement of Lexington Insurance Company on behalf of Pacific Sales of Southern California: The motion is denied. Opposition papers adequately address the Tech-Bilt factors here, as noted below. The Reply papers ignore the declaration of […]

Motion by Plaintiffs Lisa Williams, Shawn Williams, Steven Eckert, Enrique Ceniceros, Anthony Caito, Joseph Repetti and Shapell Industries, Inc. to Strike Costs and Fees or, in the alternative, Tax Costs and Fees of Metropolitan Water District: 1. (a) Responding defendant The Metropolitan Water District of Southern California (MWD) objection to the timeliness of this Cost […]

Motion by Defendant Aldo U.S., Inc. for Summary Judgment: The motion by Aldo U.S. Inc., for summary judgment is denied. There are multiple triable issues of material fact as referenced below. (a) The applicable written policy is disputed. Defendant contends that only ?bag checks? are directed, but plaintiffs point to broader language in defendant?s Security […]

Plaintiffs Jose Quiroz, Rolando Landeros, Abel Guaderrame-Arrellano, Rogelio Gonzalez, Jose Manuel Villalon-Carbajal, Denise Haslett and Defendant SWH MIMI?s Caf?, LLC?s Joint Motion for Preliminary Approval of Class Action Settlement The Court has received and reviewed the supplemental papers filed 04/19/16 and thanks counsel and the parties for the revisions.? As presented, however, the motion for […]

Case Name: ?? Aguilera v. Garcia, et al. Case No.:??????? 2016-1-CV-293118 Motion by Plaintiffs to Consolidate This Action with Case No. 2016-1-CV-293928 On January 13, 2016, The Bank of New York sued Margarita Aguilera in an unlawful detainer action, Case No. 2016-1-CV-290072, seeking possession of 1661 Jessica Way, San Jose (?the Property?).? On February 22, […]

Case Name: ?? Jimenez v. Gexpro, et al. Case No.:??????? 2015-1-CV-277433 MOTION FOR SUMMARY JUDGMENT BY DEFENDANT O.C. JONES On September 23, 2014, Plaintiff Robert Jiminez filed a form complaint alleging a single cause of action for products liability.? The sole paragraph of the form complaint that identifies defendant O.C. Jones & Sons, Inc. (?O.C. […]

Case Name:??? Paul Bains, et al. v. Sugher Singh, et al. Case No.:??????? 2015-1-CV-285951 MOTION BY PLAINTIFFS TO COMPEL ATTENDANCE AT DEPOSITION BY DEFENDANT AND FOR MONETARY SANCTIONS ??????????? This is an action for breach of contract brought by Plaintiffs Paul Bains, Global Finance, and SGC Partners, LLC against Defendant Sugher Singh.? According to the […]

Case Name: ??? Lore Emily Karamcheti v. Midland Funding, LLC, et al. Case No.:??????? 2015-1-CV-283437 Currently before the Court is defendant Midland Funding, LLC?s (?Defendant?) petition to compel arbitration. Factual and Procedural Background This is a consumer class action. On July 22, 2015, plaintiff Lore Emily Karamcheti (?Plaintiff?), on behalf of herself and others similarly […]

Case Name: ??? City of Morgan Hill v. Kimberly Porzio, et al. Case No.:??????? 2014-1-CV-265762 Currently before the Court is defendants James Doyle (?Doyle?) and Duquette Properties? (collectively, the ?Duquette Defendants?) motion for summary judgment or, in the alternative, summary adjudication of the second, third, and eleventh causes of action in the second amended complaint […]

Case Name: ??? Lawrence J. Hoffart, et al. v. U.S. Bank, N.A., et al. Case No.:??????? 2014-1-CV-264279 Currently before the Court are: (1) defendants U.S. Bank, N.A. (?US Bank?) and JPMorgan Chase Bank, N.A.?s (?Chase?) (collectively, ?Defendants?) motion for summary judgment or, in the alternative, summary adjudication of each cause of action in the first […]

Case Name:??? Jason Horner v. Kow Loon Auto Sales, Inc.?? ????????????? Case No.:??????? 2015-1-CV-279427 Factual and Procedural Background This action arises out of defendant Kow Loon Auto Sales, Inc.?s (?Kow Loon?) sale of a used vehicle to plaintiff Jason Horner (?Plaintiff?).? Defendant Western Surety Company (?Western?) is the surety on the seller?s bond for Plaintiff?s […]

Case Name:??? Keech Properties, LLC, et al. v. Todd Hill, et al.????????? ????? Case No.:??????? 2014-1-CV-268077 Demurrer and Motion to Strike Portions of the Fifth Amended Complaint by Defendants Sue Goodwin and Bells & Whistles, LLC???????????? Factual and Procedural Background This is an action for fraud and breach of contract, among other things.? In 2011, […]

Case Name:??? Michael Partsch v. Kow Loon Auto Sales, Inc.?? ????????????? Case No.:??????? 2013-1-CV-247883 Factual and Procedural Background This action arises out of defendant Kow Loon Auto Sales, Inc.?s (?Kow Loon?) sale of a used vehicle to plaintiff Michael Partsch (?Plaintiff?). Defendant Western Surety Company (?Western?) is the surety on the seller?s bond for Plaintiff?s […]

Case Name: ??? PSI Systems, Inc. v. Popout, Inc., et al. Case No.:??????? 16-CV-293332 Currently before the Court are the following motions: (1) defendant Popout, Inc.?s (?Defendant?) demurrer to the complaint of plaintiff PSI Systems, Inc. (?Plaintiff?); (2) Defendant?s motion to strike portions of the complaint; and (3) Plaintiff?s motion to seal portions of Defendant?s […]