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2024.01.29 Demurrer, Motion to Strike Punitive Damages 441
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.29
Excerpt: ...-Matic 8L90 transmission or Hydra-Matic 8L45 transmission which can cause sudden lurching forward, sudden acceleration, delayed acceleration, delayed downshifting, delayed deceleration and sudden loss of forward propulsion (“Transmission Defect”). The Transmission Defect also causes premature wear to the 8L90 and 8L45 Transmissions' components and other vehicle parts. General Motors LLC (“Defendant”) knew or should have known about the Tr...
2024.01.24 Demurrer, Motion to Strike 704
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.24
Excerpt: ...ding a 2021 Honda Civic, VIN No. 2HGFC2F69MH552933 (“subject vehicle”). The subject vehicle is equipped with a computerized driver-assisting safety system known as “Honda Sensing,” which includes adaptive cruise control, lane departure warnings and steering inputs, and autonomous braking. The Honda Sensing system suffers from a defect that causes the various subsystems within it to malfunction dangerously while the vehicles are driven (�...
2024.01.24 Demurrer to FACC, Motion to Strike Punitive Damages 071
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.24
Excerpt: ...d Cross‐Complaint is DENIED as MOOT in part (i.e., as to Paragraphs 31 and 51) and GRANTED in part (i.e., as to Paragraphs 23, 44 and Paragraph 2 from the prayer). Rahbar's joinder is GRANTED. Background Plaintiff Annex Walnut Automotive Colors & Supply, Inc. (“Annex”) alleges as follows: Annex is a distributor of automotive and industrial coatings and paint. Rachel M. Darvish ("Darvish"), Keyvan Rahbar (“Rahbar”) and Maryam Rouillard (...
2024.01.23 Motion for Summary Judgment 687
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.23
Excerpt: ...Creekside. The System's pumps were manufactured with undersized impeller blades, which caused issues with the flow and pressure. BPC failed to promptly remedy the operational and performance issues with the System, which resulted in the City of La Verne (“City”) imposing a sales and building moratorium and ultimately resulted in the City's revocation of permits. On October 22, 2019, BPC filed a cross-complaint, asserting causes of action agai...
2024.01.23 Demurrer 436
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.23
Excerpt: ...ffs are in the business of providing logistics and warehousing services for imports of goods from China to the United States. 2Cube acts as a “3PL” or third party logistics provider for WMI by procuring transportation services for delivery orders received by WMI. Xiaojun Xu (“Xu”) was hired by 2Cube as a truck driver to deliver various goods to customers. From approximately January 2023 to present, Xu conspired with Pak Ho Lo (“Lo”), ...
2024.01.22 Motion to Compel Further Responses 127
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.22
Excerpt: ...le within 30 days of the date of the hearing. Background Plaintiffs Ricky Trujillo and Gina Trujillo (“Plaintiffs”) allege as follows: On April 16, 2022, Plaintiffs purchased a new 2022 Chevrolet Silverado, VIN No. 3GCUDFEDXNG532475 (“subject vehicle”). The subject vehicle suffers from various defects which have not been repaired within a reasonable number of attempts. On April 17, 2023, Plaintiff filed a complaint, asserting causes of ac...
2024.01.19 Demurrer to FAC, Motion for Preliminary Injunction 378
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.19
Excerpt: ... Benjamin Kirk (“Kirk”) alleges as follows: On January 19, 2021, Kirk, as manager of Butterfield Property LLC (“Butterfield”), and SVPP Properties LLC (“SVPP”) entered into a lease to purchase agreement for the property located at 761 Corporate Center Drive in Pomona, California (“subject property”). In June 2021, Lucy Seh (“Lucy”) joined Kirk's affiliated organization, Kingston Financial, as a loan officer. Lucy had been Kirk...
2024.01.18 Motion for New Trial 047
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.18
Excerpt: ...nder Clinic”) and Does 1-10 for: 1. Motor Vehicle 2. General Negligence 3. Intentional Tort On January 15, 2019, Plaintiffs dismissed Kinder Clinic, with prejudice. On June 14, 2019, Sagar filed a First Amended Cross-Complaint, asserting a cause of action against Coleman and Roes 1-25 for: 1. Damages and Specific Performance On January 29, 2021, an “Order Granting Motion for Summary Adjudication of Issues” was filed; that same day, the cour...
2024.01.17 Motion to Set Aside Entry of Default 084
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.17
Excerpt: ...s not provided meal and rest breaks. In or about September 2022, Plaintiff informed Defendants that she was pregnant. Plaintiff was terminated under the guise of chatting too much with her co-workers. Plaintiff was not paid her wages due upon termination and has not been able to inspect her personnel file. Defendants also failed to pay Plaintiff all of her wages earned and to provide her with accurate itemized wage statements. On July 12, 2023, P...
2024.01.17 Motion to Reopen Discovery 808
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.17
Excerpt: ...August 2021-September 9, 2021. Privitera made lewd and vulgar comments in Plaintiff's presence on a repeated basis and made sexual advances to her. On October 5, 2021, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1- 40 for: 1. Discrimination Based on Sexual Harassment in Violation of FEHA 2. Failure to Timely Pay Wages Owed On December 23, 2021, Endeavors' default was entered. On April 18, 2022, Clinic's def...
2024.01.17 Motion for Summary Judgment, Adjudication 334
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.17
Excerpt: ...her, “the Lenharts”). Over the course of 11 years, and pursuant to a verbal agreement, Frank loaned the Lenharts over $800,000.00. Frank died on July 19, 2019. The Lenharts still owed Frank $537,720.00 as of the date of Frank's death, including $277,115.00 remaining in uncashed checks. On April 22, 2022, Plaintiff dismissed Leroy, with prejudice. On October 30, 2023, Plaintiff filed a First Amended Complaint, asserting causes of action agains...
2024.01.16 Motion to Expunge Lis Pendens 291
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.16
Excerpt: ...icant sum of money gambling. While in Las Vegas, Zengpeng and Zhengjun met Fai Wong (“Wong”), who represented himself as a casino host. Wong told Zengpeng and Zhengjun that they could not legally return to China with their winnings or otherwise transfer the money to China and that they had to invest the money in the United States. Wong represented that he knew of properties in Las Vegas that could be purchased as an investment for approximate...
2024.01.12 Motion for Judgment Notwithstanding the Verdict 298
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.12
Excerpt: ...ting a parking lot and attempting to merge into the flow of traffic. The facts are simple and mostly undisputed. P testified that he was driving in his lane along the roadway when D's vehicle entered his lane and scraped the side of his car. D testified that she was exiting a parking lot in her vehicle slowly and watching for oncoming traffic, but her vision thereof was obstructed by trucks parked curbside. After 5 days of jury trial, the jury fo...
2024.01.10 Application for Default Judgment 201
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.10
Excerpt: ...odel AH Trailers, VINs # 1UYVS253XJ3292028 and 1UYVS2535J3292034 [“Utilities”]) in exchange for LFT's agreement to make 72 monthly payments of $1,393.08 commencing October 10, 2019 and to grant Plaintiff a security interest in the Utilities. On or about September 10, 2022, LFT failed to make the payment then due and owing. LFT failed to make any further payments thereafter. On or about October 1, 2021, Plaintiff entered into a second written ...
2024.01.09 Motion to Compel Further Responses, for Sanctions 799
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.09
Excerpt: ... to Form Interrogatories (Set One) is GRANTED. Plaintiff is to provide further, Code‐compliant responses to Interrogatories Nos. 2.6, 2.7, 2.13, 6.5, 8.1‐8.8., 10.1, 10.2, 20.2, 20.3, 20.4 and 20.11 within 20 days from the date of the notice of ruling. Sanctions are awarded in the amount of $2,000.00 and are payable within 30 days of the date of the hearing. Background Plaintiff Daniel Pall (“Plaintiff”) alleges that he sustained injuries...
2024.01.04 Motion for Attorney Fees 127
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.04
Excerpt: ...(“B. Lai”) (i.e., Central Furniture and Home Store [“Central Furniture”] and Yes 98 Cents, LLC [“Yes 98 Cents”].). B. Lai is believed to be the sole member of AMCA. B. Lai, acting as a listing broker, listed the Property for sale; the listing advertisement stated that Yes 98 Cents was the anchor tenant of the Property. During or about April 2014, after seeing the commercial listing, Plaintiff's representative Gary Tsai (“Tsai”) co...
2024.01.04 Demurrer to FAC 868
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.04
Excerpt: ...�) alleges as follows: Plaintiff and Guan Zhong Liu (“Defendant”) were in a romantic relationship. In 2018, Plaintiff. and Defendant decided to purchase the property commonly known as 534 N Chardonnay Dr., Covina CA 91723 (“subject property”); in doing so, they agreed that Plaintiff would provide $150,000.00 towards the purchase and that they would jointly and equally own the subject property until they either sold same or one of them no ...
2024.01.02 Demurrer, Motion to Strike 185
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.02
Excerpt: ...ies in an October 18, 2021 motor vehicle collision on the I-10 East in Pomona, California. On October 13, 2023, Plaintiffs filed a complaint, asserting causes of action against Snehal Raj Bhakta (S. Bhakta”), Raj Bhakta (“R. Bhakta”), Jose Alfredo Vargas-Nunez (“Vargas-Nunez”) and Does 1-50 for: 1. Negligence 2. Negligence Per Se 3. Statutory Liability 4. Punitive Damages A Case Management Conference and Order to Show Cause Re: Failure ...
2024.01.02 Demurrer 436
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.02
Excerpt: ...ted States. 2Cube acts as a “3PL” or third party logistics provider for WMI by procuring transportation services for delivery orders received by WMI. Xiaojun Xu (“Xu”) was hired by 2Cube as a truck driver to deliver various goods to customers. From approximately January 2023 to present, Xu conspired with Pak Ho Lo (“Lo”), Swap Meet Depot (“SWAP”), MMS Depot (“MMS”) by stealing a portion of goods belonging to Plaintiffs from ea...
2023.12.18 Motion to Release Phone Records 733
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.18
Excerpt: ..., Maria C. Barba (“Maria”), died in October 2009. Maria promised Yolanda that once Francisco died, the property located at 4253-4261 Maxson Rd. in El Monte (“Maxson Properties”), which Maria and Francisco owned as joint tenants, would be split between Franky and Yolanda. Francisco agreed with Maria's wishes. After Maria died, Francisco went into a depression and exhibited strange mental behaviors. During the pandemic, Franky began to isol...
2023.12.14 Demurrer 556
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.14
Excerpt: ...g plant ("Plant") located in the City of Industry, California. Smith contracted terminal cancer due to toxic emissions from Plant and died by suicide on February 5, 2021. On February 6, 2023, Plaintiff filed a Complaint against Michael Emo, Sean Emo, Qu[elmetco lnc[.] and City of Hope. On February 24, 2023, the case was ordered reassigned from Department 11 to the instant department. On August 15, 2023, Plaintiff filed five "Amendment[s] to Compl...
2023.12.13 Motion to Enforce Subpoena for Production of Business Records 154
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.13
Excerpt: ...t Clinic (“San Dimas PC”). Staples from the procedure were left in King's stomach. On June 29, 2023, Plaintiffs filed a First Amended Complaint (“FAC”), asserting causes of action against San Dimas PC, Dhillon and Does 1-50 for: 1. Professional Negligence 2. Professional Negligence 3. Trespass to Chattels 4. Trespass to Chattels 5. Negligent Training and Supervision 6. Negligent Hiring On October 24, 2023, the court granted San Dimas PC a...
2023.12.13 Demurrer 834
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.13
Excerpt: ...sans, Inc. (“BFA”) and Does 1-100 for: 1. Premises Liability 2. General Negligence On July 12, 2019, Smart & Final, Inc. and Smart & Final Stores, LLC (erroneously sued as Smart & Final, LLC and Smart & Final Properties I, LLC) (collectively, “Smart & Final”) filed two “Amendment[s] to [Cross-]Complaint,” wherein BFA was named in lieu of Roe 1 and The Bread Factory, Inc. was named in lieu of Roe 2. On September 26, 2019, this case was...
2023.12.12 Motion to Vacate Default, Judgment 148
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.12
Excerpt: ... of Execution or Levy Issued Against Defendant and for an Issuance of an Order Commanding Plaintiff to Return the Funds Already Levied by Plaintiff Against Defendant is DENIED. Background [1] Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) is a collection agency assigned this matter by State Compensation Insurance Fund (“Assignor”). Plaintiff alleges that its Assignor and Defendants Ramon and Son Roofing, Inc. aka Ramon and Son ...
2023.12.12 Motion for Leave to File Amended Complaint 375
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.12
Excerpt: ...onta Ubu I Braxil to Port Kelang or Labuan in Malaysia between 2009-2017. Limbungan's obligations under the 2009 COA were guaranteed by its parent company, Lion Diversified Holdings BHD (“Lion”) pursuant to a written guarantee dated June 29, 2009 (the “2009 Guarantee”). On June 30, 2014, Plaintiff and Limbungan executed an Addendum No. 1 to the 2009 COA which increased the number of shipments to 59. Likom Caseworks USA (“Likom USA”) i...

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