Category: California Tentative Rulings

Case Number: 19STCV00147    Hearing Date: July 28, 2021    Dept: 71 SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES DEPARTMENT 71 TENTATIVE RULING JOHNNY GUERRA,   vs.   LUIS DIAZ, et al.  Case No.:  19STCV00147       Hearing Date:  July 28, 2021 Plaintiff’s unopposed motions to compel Defendants to serve initial responses to Form Interrogatories are granted.  Responses are to be served with 14 days. […]

Defendant Nationwide Insurance Company of America’s (“Nationwide”) motion to dismiss the action with prejudice, is granted as to Nationwide Insurance Company of America. The Court sustained Nationwide’s demurrer to Plaintiff Alberto Solano’s Complaint on August 28, 2020. (ROA 63 [08/28/2020 Minute Order].) Although the Court noted it was “unclear how Plaintiff can plead around the […]

Plaintiff seeks further responses from Truinject to special interrogatory numbers 2, 3, 4, 7, 8, 10, 20, and 25.  The motion is granted in part and denied in part, as set forth below. For interrogatories, each answer in the response must be “as complete and straightforward as the information reasonably available to the responding party […]

Defendant/Cross-Complainant Truinject Medical Corp. (“Truinject”) and Defendant Gabrielle Rios (collectively, “Defendants”) move for judgment on the pleadings with respect to the three causes of action in the First Amended Complaint (“FAC”) filed by Plaintiff/cross-defendant James J. Peterson (“Plaintiff”).  The motion is denied. New Evidence The Court declines to consider the new evidence Defendants submit in support […]

Plaintiff Angelica Osburn-Williams’ motion for leave to file a first amended complaint, is denied. California Rules of Court, rule 3.1324 requires that a motion to amend include a copy of the proposed amendment or amended pleading, identify by page, paragraph, and line number any additions to and deletions from the prior pleading (Cal. Rules of […]

The court denies without prejudice Defendants Deying Chen and Glory Cindy, LLC’s motion for terminating sanctions or alternatively evidentiary sanction as to Plaintiff Mark Olsen. As an initial matter, the discovery orders issued in this case pertain only to Defendant Denying Chen. Thus, as to Defendant Glory Cindy, LLC, there have been no violations of any […]

The court grants in part Plaintiff/Cross-Defendant Randall L. Nickel’s motion to quash Defendant/Cross-Complainant The Huntington Beach Gables Homeowners Association’s subpoenas issued to Wells Fargo Bank, National Association and JP Morgan Chase Bank, N.A., as set forth below. Legal Standard Code of Civil Procedure section 1987.1, subdivision (a) provides that: “If a subpoena requires the attendance […]

MOTION TO COMPEL MENTAL EXAMINATION Defendant’s motion to compel the mental examination of Plaintiff is granted, subject to the modifications stated below. A court order is required to obtain discovery by means of a mental examination. (Code Civ. Proc., § 2032.310, subd. (a).)  A motion to obtain discovery by means of a mental examination must […]

MOTION TO COMPEL DEPOSITION Defendant Anaheim Elementary School District’s motion to compel the deposition of Plaintiff Jane Doe is granted, subject to the modifications stated below. Code of Civil Procedure section 2025.450, subdivision (a) provides that when a party deponent is served with a deposition notice and, without having served a valid objection under Code […]

Defendant Serena D. Whyte’s unopposed motion to deem facts admitted in response to her requests for admission propounded on Plaintiff Marycarmen Zelaya De Gonzalez is granted. Defendant propounded requests for admission on Plaintiff on January 21, 2021.  Plaintiff’s responses were due by February 25, 2021.  She failed to serve responses.  Defendant sent her a meet […]

Defendant The Turoci Firm’s motion to deem facts admitted in its requests for admission, is denied as moot. If a party fails to serve a timely response to requests for admission, the requesting may move for an order that the requests be deemed admitted. (Code Civ. Proc. § 2033.280, subd. (b).) The court “shall” make this […]

The motion for preliminary injunction brought by plaintiff Santiago Ochoa is granted.  Defendant Automobile Club of Southern California is enjoined from proceeding with its counterclaim in arbitration for declaratory relief in JAMS Case No. 1200057920. As a preliminary matter, the court declines Defendant’s request that the court disregard Plaintiff’s motion on the basis that a mandatory stay […]

The Motion to Compel Arbitration brought by Defendant Automobile Club of Southern California is denied. Per Defendant’s Second Amended Notice of Motion, Defendant seeks “an order compelling arbitration of Plaintiff Santiago Ochoa’s individual claim and staying the PAGA claim and all proceedings in this court.” (ROA 53 at 1:6-9). The action before this court is a […]

CDG Defendants’ Motion to Strike or Tax CRH’s Memorandum of Costs   CDG Defendants’ Motion to Strike or Tax Culligan’s Memorandum of Costs Motion to Strike or Tax Costs Sought by CRH: The Motion to Strike or Tax Costs brought by the CDG Defendants and directed towards the Memorandum of Costs filed on behalf of […]

On November 20, 2019, Plaintiff Richard Peterson filed this action against Defendants Ditech Financial LLC (“Ditech”), The Wolf Firm (“Wolf”), and Casas Bonitas, arising from an allegedly fraudulent trustee sale in 2019 of the real property located at 4817 Stargazer Place, Palmdale, California 93552. The verified complaint sought to rescind the sale of the property, […]

On July 2, 2020, Plaintiff Forrest Kolb filed a first amended complaint (“FAC”) against Defendants Expertise LLC (“Expertise”), Stripes39, David Franklin, Salil Jain, Carl Ng, and Patrick Gavin (collectively, “Defendants”).  On December 18, 2020, the Court sustained in part and overruled in part Defendants’ demurrer to the FAC.  Plaintiff filed a second amended complaint (“SAC”) on January 12, […]

Defendant Enterprise Rent-A-Car Company of Los Angeles LLC served requests for admission on Plaintiff Amin Botros on January 21, 2021.  Plaintiff never responded.  Defendant filed a motion to deem the RFAs admitted. Where a party fails to timely respond to a request for admission, the propounding party may move for an order that the genuineness of any […]

On November 23, 2020, Plaintiff Malcolm Thomas filed this action against Defendants City of Los Angeles (“City”), Michel Moore, Marc Reina, Robert Arcos, David Grimes, and Los Angeles Police Protective League (collectively, “Defendants”), arising from Plaintiff’s allegedly wrongful termination.  Plaintiff later dismissed Reina, Arcos, and Grimes. On May 4, 2021, Plaintiff filed a Pitchess motion.  Defendants filed a late opposition […]

Case Number: BS171009    Hearing Date: February 11, 2021    Dept: 85 Los Angeles Waterkeeper v. State Water Resources Control Board, BS171009 Tentative decision on motion for attorneys’ fees: granted Petitioner Los Angeles Waterkeeper (“Waterkeeper”) moves for an award of attorneys’ fees against Respondent State Water Resources Control Board (“State Board”). The court has read and considered the moving papers, opposition, and […]

Case Number: 20STCP03881    Hearing Date: February 11, 2021    Dept: 85 California Restaurant Association, Inc. v. County of Los Angeles Department of Public Health, et al, 20STCP03881 Tentative decision on motion for protective orders: conditionally denied Respondents County of Los Angeles Department of Public Health (“Department” or “DPH”) and Barbara Ferrer (“Ferrer”) move for a protective order barring CRA from taking […]

Case Number: 20STCP01190    Hearing Date: February 11, 2021    Dept: 85   Jeffrey Prang, Los Angeles County Assessor v. Los Angeles County Assessment Appeals Board No. 2, 20STCP01190 Tentative decision on petition for writ of mandate:  denied Petitioner Los Angeles County Assessor Jeffery Prang (“Assessor”) seeks a writ of mandate ordering Respondent Los Angeles County Assessment Appeals Board No. 2 (“Board”) to […]

BRETT O’BRIEN, et al., Plaintiffs, vs. JOHN GOULD, et al., Defendants. Case No.: 20STCV19892 Hearing Date: February 9, 2021 Hearing Time: 2:00 p.m. [TENTATIVE] ORDER RE:    (1)   MOTION OF DEFENDANTS TO STRIKE PURSUANT TO CCP § 425.16 AND (2)   PLAINTIFFS’ EX PARTE APPLICATION TO STRIKE DEFENDANTS’ NEW ARGUMENT AND EVIDENCE OR, ALTERNATIVELY, FOR LEAVE TO FILE A SUR-REPLY IN OPPOSITION TO DEFENDANTS’ […]

Superior Court of California County of Los Angeles   Maria Julia Villatoro Machado, et al.,       Plaintiffs,   Case No.   19STCV22031   v.     [Tentative] Ruling   FCA US, LLC, et al.,       Defendants.               Hearing Date: February 9, 2021 Department 49, Judge […]

Case Number: 19STCV27531    Hearing Date: February 02, 2021    Dept: 17 SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES DEPARTMENT 17 TENTATIVE RULING RAQUEL HERNANDEZ GARCIA   vs.   MATTHEW FARZAM, et al.  Case No.:  19STCV27531       Hearing Date:  February 4, 2021             Defendant’s motion to compel initial discovery responses is GRANTED. Defendant is awarded $350.00 in sanctions.             On August 7, 2019, in […]

Case Number: 19STCV44758    Hearing Date: February 01, 2021    Dept: 17 SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES DEPARTMENT 17 TENTATIVE RULING DO WOO KIM, et al.   vs.   JOON CHUL PARK, et al.   Defendants.  Case No.:  19STCV44758 (Related to: 19STCP02628; 19STCP04605; 19STCV16827       Hearing Date:  February 1, 2021 Plaintiffs’ motion to set aside the 8/6/2020 dismissal is GRANTED.             On […]