Martinez -V- Galindes Matias Et Al Print

FCS058487 Motion for Leave to Amend TENTATIVE RULING Plaintiff’s motion for leave to amend is denied without prejudice. Plaintiff has failed to file a proof of service demonstrating proper and timely service of the motion papers on Defendants. Join ZoomGov Meeting https://www.zoomgov.com/j/1602210102?pwd=emlhR29SczExam56NFFqWHFvSitmZz09 Meeting ID: 160 221 0102 Passcode: 650928 One tap mobile +16692545252,,1602210102#,,,,*650928# US (San Jose) +16692161590,,1602210102#,,,,*650928# US (San Jose)

22CV02174 SIEFKE v. DUTRA DEFENDANT DUTRA’S MOTION TO COMPEL PLAINTIFF’S FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET THREE; FORM INTERROGATORIES, SET ONE; AND SPECIAL INTERROGATORIES, SET FOUR This case involves allegations of child sexual abuse by defendant. According to the complaint, in the summer of 2005, plaintiff, then 12 years old, vacationed with defendant, then 30 years old, and his parents, in Southern California. It was during this trip that plaintiff alleges he was molested by defendant. Trial is set to begin on September 3, 2024. These motions were set on shortened time. The motion is granted in part and denied in part, as discussed in detail below. Defendant seeks to compel further responses to request for production of documents, set three; special interrogatories, set four; and form interrogatories, set one. Request for production, set three

MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT PURSUANT TO SECTION CCP § 473(B) ON COMPLAINT FOR OTHER PERSONAL INJURY/PROPERTY CVRI2303215 NORIEGA VS AGUILAR DAMAGE/WRONGFUL DEATH TORT (OVER $25,000) OF NORMA ANGELICA NORIEGA BY GIOVANNY AGUILAR, NANCY GONZALEZ, VILMA AGUILAR, GIO'S PIZZERIA, RESTORATION AGAPE Tentative Ruling: Grant the motion for relief from default under the attorney-affidavit provisions of C.C.P. §473(b). 4. DEMURRER ON 1ST AMENDED COMPLAINT FOR BREACH OF MERINO VS GENERAL CVRI2305536 CONTRACT/WARRANTY (OVER MOTORS, LLC $25,000) OF HECTOR MERINO BY GENERAL MOTORS, LLC Tentative Ruling: Continue the hearing to August 8, 2024 at 8:30AM. Defendant failed to satisfy its obligation to meet and confer in person or by telephone with Plaintiff prior to filing the demurrer and motion to strike portions of the First Amended Complaint (FAC.) Moving party may not waive the requirements set forth in CCP § 430.41 and § 435.5. Moving Defendant is ordered to meet and confer with Plaintiff by telephone or in person for the purpose of determining whether an agreement can be reached that would resolve the objections raised in the demurrer and motion to strike. As part of the meet and confer process, Defendant shall identify with legal support the basis of the alleged deficiencies in the subject pleadings. Plaintiff shall provide legal support for his position that the pleadings are legally sufficient or, in the alternative, how they may be further amended to cure any legal insufficiencies. After meeting and conferring, Defendant shall, 10 days before the continued hearing date, set above do one of the following: (1) vacate the hearing on the demurrer and motion to strike; (2) file with the Court a declaration stating the parties have agreed that Plaintiff will file an amended pleading/claim for damages before the date set forth above; or (3) file with the court a declaration stating the means by which the parties met and conferred and identifying the specific objections in the demurrer, and supporting memorandum of points and authorities that the parties were unable to resolve. The Court will not accept further briefing. 5. MOTION TO STRIKE COMPLAINT ON 1ST AMENDED COMPLAINT FOR MERINO VS GENERAL CVRI2305536 BREACH OF CONTRACT/WARRANTY MOTORS, LLC (OVER $25,000) OF HECTOR MERINO BY GENERAL MOTORS, LLC Tentative Ruling: Same as above.

Case Number: 23STCV20959 Hearing Date: July 29, 2024 Dept: 53 Superior Court of California County of Los Angeles Central District Department 53 mugihiko morijiri , et al.; Plaintiffs , vs. 24 cmn llc , et al.; Defendants . Case No.: 23STCV20959 Hearing Date: July 29, 2024 Time: 10:00 a.m. [tentative] Order RE: defendants motion to strike portions of complaint MOVING PARTIES: Defendants 24 CMN, LLC and CYN, LLC RESPONDING PARTIES: Plaintiffs Mugihiko Morijiri, Keiko Morijiri, and Zion Morijiri and Ewan Morijiri, by and through their guardian ad litem, Keiko Morijiri Motion to Strike Portions of Complaint The court considered the moving, opposition, and reply papers filed in connection with this motion. DISCUSSION Defendants 24 CMN, LLC and CYN, LLC (Defendants) move the court for an order striking the prayer for punitive damages (Compl., Prayer, p. 23:20) and related allegations (Compl., ¶¶ 117, 161, 172 [1] ) in the Complaint filed by plaintiffs Mugihiko Morijiri, Keiko Morijiri, and Zion Morijiri and Ewan Morijiri, by and through their guardian ad litem, Keiko Morijiri (Plaintiffs). The court grants Defendants motion to strike the prayer for punitive damages and related allegations because Plaintiffs have not alleged facts establishing (1) Defendants are guilty of oppression, fraud, or malice, and (2) advance knowledge and conscious disregard, authorization, ratification, or act of oppression, fraud, or malice on the part of an officer, director, or managing agent of Defendants. (Code Civ. Proc., § 436; Civ. Code, § 3294, subds. (a), (b).) The court finds that the allegations that Ariana Javaheri, the property supervisor and managing agent of Defendants, informed Plaintiffs that the dark staining on their wall was not mold but mildew and advised Plaintiffs that they would have to pay for the mold test if the results were negative (Compl., ¶¶ 21-23) do not show that Defendants (1) engaged in conduct intended to cause injury to Plaintiffs or despicable conduct carried on with a willful and conscious disregard of the rights or safety of Plaintiffs, or (2) engaged in despicable conduct subjecting Plaintiffs to cruel and unjust hardship in conscious disregard of their rights. (Civ. Code, § 3294, subds. (c)(1) [defining malice], (c)(2) [defining oppression].) Moreover, while the court acknowledges that Plaintiffs have also alleged that plaintiff Ewan Morijiri was diagnosed with leukemia, is immunocompromised, and was advised not to reside in a premises with mold because it would be injurious and possibly fatal (Compl., ¶ 23), Plaintiffs did not allege facts establishing that Defendants knew of this risk, such that Ariana Javaheris conduct may be considered malicious or oppressive. ORDER The court grants defendants CMN, LLC and CYN, LLCs motion to strike the prayer for punitive damages and paragraphs 117, 161, and 172 of plaintiffs Mugihiko Morijiri, Keiko Morijiri, and Zion Morijiri and Ewan Morijiri, by and through their guardian ad litem, Keiko Morijiris Complaint in this action. The court grants plaintiffs Mugihiko Morijiri, Keiko Morijiri, and Zion Morijiri and Ewan Morijiri, by and through their guardian ad litem, Keiko Morijiri 20 days leave to file a First Amended Complaint that cures the defects set forth in this ruling. The court orders defendants CMN, LLC and CYN, LLC to give notice of this ruling. IT IS SO ORDERED. DATED: July 29, 2024 _____________________________ Robert B. Broadbelt III Judge of the Superior Court [1] The court notes that the notice of motion erroneously states this allegation is in paragraph 171. (Notice of Mot., p. 2, ¶ 3.)

PARKER VS JAMAL DENTAL MOTION TO BE RELIEVED AS CVSW2401629 CORPORATION COUNSEL FOR KIMBERLY A. PARKER Tentative Ruling: GRANT and Approve the Proposed Order.

MOTION FOR AN ORDER REQUIRING CHAUDHRY VS SHARMA, CVRI2202087 PLAINTIFF TO POST AN D.D.S UNDERTAKING Tentative Ruling: Appearances required.

S-CV-0051949 Henao, Nicole vs. Lawrie, Justin Harris et al ** NOTE: telephonic appearances are strongly encouraged Appearance required. Complaint is not at issue - Need responsive pleading, default or dismissal as to Defendant(s): Lawrie, Justin Harris; Lawrie, Michelle Additionally, no proof of service has been filed as to Defendant(s): Lawrie, Justin Harris; Lawrie, Michelle

21CV000063: SIU vs SIU, et al. 07/25/2024 Hearing on Motion to Strike First and Fourth Causes of Action; filed by Kuai Cheong Siu (Defendant) + in Department 25 Tentative Ruling - 07/24/2024 Jenna Whitman The Hearing on Motion to Strike First and Fourth Causes of Action; filed by Kuai Cheong Siu (Defendant) + scheduled for 07/25/2024 is continued to 08/22/2024 at 03:00 PM in Department 25 at Rene C. Davidson Courthouse . The Hearing on Demurrer DEMURRER TO FIRST, SECOND, FOURTH, FIFTH, SIXTH, SEVENTH, EIGHTH, NINTH, AND TENTH CAUSES OF ACTION IN FIRST AMENDED COMPLAINT; filed by Kuai Cheong Siu (Defendant) + scheduled for 07/25/2024 is continued to 08/22/2024 at 03:00 PM in Department 25 at Rene C. Davidson Courthouse . The Hearing on Motion - Other Joinder; filed by Roberto's Inc. (Defendant) scheduled for 07/25/2024 is continued to 08/22/2024 at 03:00 PM in Department 25 at Rene C. Davidson Courthouse .