Category: California Tentative Rulings

Case Number: 19STCV29693    Hearing Date: July 08, 2020    Dept: 31 MOTIONS TO COMPEL DISCOVERY ARE GRANTED. Background On August 21, 2019, the instant action was filed. On January 16, 2020, Plaintiffs Ana Peraza; Deisy Guevara; Victor Guevara; Robert Guevara; and Karen Guevara, by and through her Guardian ad Litem, Ana Peraza filed the Second Amended Complaint (“SAC”) against Defendants Walter […]

Case Number: 18STCV07306    Hearing Date: July 08, 2020    Dept: 31 MOTIONS TO COMPEL DISCOVERY ARE GRANTED. Background On December 5, 2018, Plaintiff Maria Garcia Martinez filed the instant action against Defendants 800 Degrees, LLC; 800 Degrees Westwood, LLC; 800 Degree; Anthony H. Carron; and Does 1 through 100. The Complaint asserts causes of action for: Failure to Pay Minimum Wage […]

Case Number: BC660550    Hearing Date: July 07, 2020    Dept: 31 Background  On May 8, 2017, Plaintiff Ian Maier filed the instant action against Defendants City of Torrance (the “City”); Torrance Police Department; Hector Bermudez; and Does 1 through 100. On November 25, 2019, Plaintiff filed the Second Amended Complaint (“SAC”). The SAC asserts causes of action for: Discrimination in Violation […]

Case Number: 19STCV12134    Hearing Date: July 07, 2020    Dept: 31 Background  On April 8, 2019 Plaintiffs Henrietta Easley, in her individual capacity and in her capacity as Trustee of the Henrietta Easley Living Trust filed the instant action against Defendants Bank of New York Mellon; MERS; Bay View Loan Servicing, LLC; Zieve, Brodnax & Steele LLP; all persons known and […]

Defendant’s Motion for Summary Adjudication of the remaining 1st, 2nd, 4th and 5th Causes of Action in the Second Amended Complaint is GRANTED. The motion for summary judgment is GRANTED. Defendant is ordered to give notice and to submit a proposed order and judgment. Scope of Motion As relevant here, summary adjudication is available for causes of action or […]

Defendant Zhen Lian McWilliams’ unopposed Motion to Dismiss is GRANTED in part and DENIED in part. If a party does not obey an order compelling further responses to interrogatories or requests for production of documents, the court may make those orders that are just.  (Code Civ. Proc. §§ 2030.300(e),  2023.030(c).)  The discovery statutes evince an […]

A)Summary Judgment as to the Complaint Plaintiff/Cross-Defendant Balboa Capital Corporation (“Plaintiff”) unopposed Motion for Summary Judgment or in the Alternative Summary Adjudication (“MSJ”) is GRANTED in part and DENIED in part. The MSJ is granted as to adjudication on the 1st, 3rd, and 4th causes of action.  It is denied as to adjudication of the 2nd cause […]

Defendant Trinity Financial Services, LLC’s Motion for Judgment on the Pleadings as to the Complaint is SUSTAINED in its entirety.  Plaintiff has 15 days leave to amend. Request for Judicial Notice:  Defendant’s request for judicial notice for Exhibit Nos. 7-12 is GRANTED.  The request is unopposed and proper, and judicial notice is permitted under Evidence […]

Motion for SLAPP filed by Defendants Friends For Fullerton’s Future, David Curlee and Joshua Ferguson Order to Show Cause re: Preliminary Injunction Order to Show Cause re: Contempt The court is here presented with two diametrically opposing requests.  The first is a motion by defendants Friends for Fullerton’s Future (“FFF”), Joshua Ferguson, and David Curlee […]

Motion for Summary Judgment and/or Adjudication filed by Defendant WKS Restaurant Corporation The Motion for Summary Judgment or Adjudication brought by Defendant WKS Restaurant Corporation is DENIED, in its entirety. Initially, the Court interprets this Motion as a Motion for Summary Judgment, only, given Defendant failed to submit requests for adjudication which comply with C.C.P. §437c(f). […]

Motion to Strike or Tax Costs filed by Plaintiff Michael Farah Plaintiff and cross-defendant Michael Farah moves for an order striking the memo of costs filed by defendants and cross-complainants Rod Van Sickle and Kim Cashman.  In the alternative, Farah seeks an order taxing costs of $10,170.30. Farah contends that the memo of costs was […]

Demurrer to Second Amended Cross-Complaint filed by Cross-Defendants RSG Insurance Services, LLC and R-T Specialty Insurance Services, LLC ANALYSIS: Cross-defendants’ request for judicial notice Cross-defendants requests judicial notice of: (1) this court’s April 11, 2019 tentative ruling (Exhibit 1); (2) a letter/quote issued by cross-defendants to cross-complainants that was discussed in the Second Amended Cross-Complaint […]

Case Number: 20PSCV00156    Hearing Date: June 02, 2020    Dept: J HEARING DATE:                 Tuesday, June 2, 2020 NOTICE:                                OK[1] RE:                                          Pacific Mercantile Bank v. Vakil (20PSCV00156) ______________________________________________________________________________   Plaintiff Pacific Mercantile Bank’s APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT             Responding Party: Defendant, Usman Vakil Tentative Ruling Plaintiff Pacific Mercantile Bank’s Application for Right to Attach Order and Writ of Attachment is GRANTED. The […]

Case Number: 19PSCV00623    Hearing Date: June 11, 2020    Dept: O Defendants San Gabriel Valley Badminton Club and San Gabriel Valley Badminton Club II’s petition to compel arbitration is GRANTED. Defendants San Gabriel Valley Badminton Club and San Gabriel Valley Badminton Club II (“Defendants”) petition to compel arbitration pursuant to Code of Civil Procedure section 1281.2. A written agreement to submit […]

Case Number: KC070387    Hearing Date: June 10, 2020    Dept: O Defendant Trinity Financial Services LLC’s motion for judgment on the pleadings is GRANTED.  The Court will hear from Plaintiff regarding any grounds warranting leave to amend. JUDICIAL NOTICE is taken of Defendant Trinity Financial Services, LLC’s (“Defendant”) Exhibits 1-10.  (Evid. Code § 451, 452.) A motion for judgment on the pleadings has […]

Case Number: 19PSCP00566    Hearing Date: June 04, 2020    Dept: O Petitioner Creditors Adjustment Bureau’s petition to confirm arbitration award is DENIED without prejudice. Any party to an arbitration award may petition the court to confirm, correct, or vacate an arbitration award.  (CCP § 1285.)   A response to the petition may request the court to dismiss the petition, confirm, correct or vacate the […]

Case Number: 19PSCV00856    Hearing Date: June 03, 2020    Dept: O Defendant Living Essentials Corp.’s demurrer to the complaint is SUSTAINED with 30 days leave to amend. A demurrer for sufficiency tests whether the complaint states a cause of action.  (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.)  When considering demurrers, courts read the allegations liberally and in context.  (Taylor v. City of Los Angeles […]

Case Number: 19PSCV00476    Hearing Date: June 03, 2020    Dept: O Defendant Abraham Pratella and Abraham Pratella Inc.’s petition to compel arbitration is GRANTED. Defendants Abraham Pratella and Abraham Pratella Inc. (“Defendants”) petition to compel arbitration pursuant to Code of Civil Procedure section 1281.2: A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, […]

Case Number: 19PSCV00108    Hearing Date: June 01, 2020    Dept: O Plaintiff Callie Cuff’s motion to compel requests for production of document is GRANTED.  Sanctions are awarded against Defendant  in the reasonable amount of $1,500.00. Plaintiff Callie Cuff (“Plaintiff”) moves to compel Defendant Harvest King Trading USA, Limited (“Defendant”) to provide verified responses to her request for production of documents set one.  Plaintiff […]

Case Number: KC070383    Hearing Date: May 21, 2020    Dept: O Defendants’ counsel, Arturo Santana’s motion to be relieved as counsel is GRANTED.  The order shall take effect when the proof of service of a copy of the signed order on the client is filed with the court.  Good cause exists to grant the motion based on any of the grounds under Rules of […]

Case Number: KC070367    Hearing Date: May 11, 2020    Dept: O Defendant and Cross-Complainant Hong-Wei Jing’s motion to compel Defendant and Cross-Defendant Lian Wang to appear and testify at deposition is GRANTED.  Sanctions are awarded in the amount of $3,125.00. Defendant and Cross-Complainant Hong-Wei Jing (“Defendant Jing”) moves to compel Defendant Cross-Defendant Lian Wang (“Cross-Defendant Wang”) to appear and testify at deposition […]

Case Number: KC069647    Hearing Date: May 11, 2020    Dept: O Plaintiffs Cathay Bank and Robb Evans & Associates LLC’s motion for order permitting discovery of financial information as to Defendants Ace Hardware Corporation and John Mikulski, Inc. is DENIED. Judicial notice is taken of Defendant JMI, Inc.’s (“Defendant JMI”) Exhibits 1-2. (Evid. Code § 452.) Evidentiary Objections Defendant Ace Hardware […]

Plaintiff’s motion to compel further responses to request for production of documents is DENIED.  No sanctions. Plaintiff Hardev Singh, DMD (“Plaintiff”) moves to compel further responses to his Request for Production of Documents, Set One. As a preliminary matter, the Court notes that this motion was filed as a motion to compel responses presumably under Code […]

Case Number: EC068885    Hearing Date: May 08, 2020    Dept: O Defendant Murat Gurz’s demurrer to Plaintiff’s First Amended Complaint is SUSTAINED WITH LEAVE TO AMEND.  Plaintiff has 10 days to file an amended complaint.  Defendant Murat Gurz (“Defendant”) demurs to all causes of action in the First Amended Complaint (“FAC”) on the ground that they fail to state facts sufficient to […]

Case Number: 19VECV01814    Hearing Date: March 13, 2020    Dept: W GOLDEN CONNECTIONS CORP. V. HAROUNI, ET AL. MOTION TO VACATE DEFAULT Date of Hearing:         March 13, 2020                       Trial Date:       None set. Department:               W                                             Case No.:         19VECV01814 Moving Party:             Defendants Homayon Harouni and P & D Center, LLC Responding Party:       Plaintiff Golden Connections Corp. DBA Medco Farmers BACKGROUND On December 19, 2019, Plaintiff filed a complaint against Defendants Homayon […]