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2023.08.15 Motion to Compel Further Responses 775
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.15
Excerpt: ...transmission which has a design defect causing “harsh shifts” in lower gears (“Transmission Defect”). General Motors LLC (“Defendant”) knew or should have known about the Transmission Defect before the subject vehicle was sold to Plaintiff. On November 14, 2022, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Defendant and Does 1-10 for: 1. Violation of Song-Beverly Act—Breach of Express War...
2023.08.15 Motion for Attorney Fees 674
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.15
Excerpt: ...Plaintiff. Young promised to repay Plaintiff upon Plaintiff's demand, and to pay interest at 10%/annum in the interim. At the time of the agreement, Young, Chung and Hoon represented that they owned high value real properties with sufficient equity to cover the loan which they would put up as collateral. Chung and Hoon provided Plaintiff with deeds of trust to real property (i.e., the Cathedral City and San Jacinto Properties, respectively) which...
2023.08.15 Demurrer to FAC 839
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.15
Excerpt: ...-compliant conditions, including the lack of an accessible route from the public right-of-way and pathways leading to the entrance of the Business which contain cross-slopes measuring in excess of the maximum grade allowed. The Business is owned by Defendant La Puente Company LLC (“Defendant”). On June 2, 2023, Plaintiff filed a First Amended Complaint (“FAC”), asserting a cause of action against Defendant and Does 1-10 for: 1. Violation ...
2023.08.11 Motion for Summary Judgment 634
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.11
Excerpt: ...ject property”). The elevator at the subject property is only accessible with a key at every level. On or about October 6, 2016, Plaintiff was directed by VNA to attend a meeting on the second floor of the subject property. A VNA representative used a key to access the elevator and transport Plaintiff to the meeting. When the meeting ended, Plaintiff was advised that there were no keys available, such that the elevator was inaccessible. Plainti...
2023.08.10 Motion to Compel Further Responses, for Sanctions 779
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.10
Excerpt: .... Code § 17200 et seq.) 2. Intentional Interference with Contractual Relations 3. Negligent Interference with Contractual Relations 4. Intentional Interference with Prospective Economic Advantage 5. Negligent Interference with Prospective Economic Advantage 6. Misappropriation of Trade Secrets. Defendant WeiHua Zhu filed a cross-complaint on February 26, 2020, asserting causes of action for: 1. Breach of Oral Contract 2. Unjust Enrichment Plaint...
2023.08.10 Motion for Attorney Fees 650
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.10
Excerpt: ...cessary delay, the court shall award costs and reasonable attorneyʹs fees to a plaintiff prevailing on the motion, pursuant to Section 128.5. Discussion Defendant argues that he is entitled to attorney's fees pursuant to CCP § 425.16(1)(c) and Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App 4th 869. In Yang, the Court of Appeal held that the trial court lacked jurisdiction to rule on merits of anti‐SLAPP motion after voluntary dismi...
2023.08.10 Demurrer to FAC 720
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.10
Excerpt: ... Amazon warehouse; instead, the goods were delivered to a close‐by Amazon warehouse. On March 10, 2023, Plaintiff Þled a complaint, later amended, asserting the following causes of action: 1. Fraud and Deceit 2. Breach of Contract 3. Violation of Cal. Bus. & Prof. Code § 17200, et seq. 4. Unjust Enrichment A Case Management Conference is set for Au g u s t 10, 2023. Legal Standard A demurrer may be made on the grounds that the pleading, inte...
2023.08.04 Motion for Attorney Fees 706
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.04
Excerpt: ... Code §§ 1791.2(a); 1794) 5. Breach of Implied Warranty of Merchantability (Civil Code §§ 1791.1; 1794) On March 21, 2023, Plaintiff Ðiled a motion for attorney's fees. On May 3, 2023, Defendants Ðiled an opposition. On July 27, 2023, Plaintiff Ðiled a reply. Request for Judicial Notice The court grants Plaintiff 's request for judicial notice in full. Discussion The Song-Beverly Act provides, “[i]f the buyer prevails in an action und...
2023.08.04 Demurrer to SAC 602
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.04
Excerpt: ...) entered into a 12-month service contract (“Contract”) whereby Plaintiff would provide marketing and branding services and create and operate websites commencing June 2019 in exchange for payment of $6,000.00 per month for 12 months. (SAC, ¶ 7.) The Contract was to continue thereafter until terminated in writing with 60 days' notice, which was never provided. (Id.) Plaintiff is owed money for unpaid amounts incurred during the 12-month init...
2023.08.03 Demurrer, Motion to Strike 430
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.03
Excerpt: ...vely, the “Plaintiffs”) allege as follows: On May 2, 2020, Gordes Hospitality, Inc. (“Gordes”), through Ganyu Huang aka Gary Huang (“Huang”), and Shamloo, with Abhari serving as a silent partner, entered into an “Asset Purchase Agreement” and a “Security Agreement” with Gordes for the transfer of ownership of Hamilton's Steakhouse (“Hamilton”) from Gordes, as seller, to Plaintiffs, as buyers. On June 18, 2020, LVGEM Hotel ...
2023.08.02 Demurrer 436
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.02
Excerpt: ...Global Inc. (“2Cube”) (together, “Plaintiffs”) allege as follows: Plaintiffs 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. Fro...
2023.07.31 Demurrer 411
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.31
Excerpt: ...er of attempts. On May 10, 2023, Plaintiff filed a complaint, asserting causes of action against Defendants Ford Motor Company (“FMC”), WC Performance Ford Inc. dba Performance Ford (“Performance Ford”) and Does 1- 10 for: 1. Violation of Song-Beverly Act—Breach of Express Warranty 2. Negligent Repair A Case Management Conference is set for October 10, 2023. Legal Standard A demurrer may be made on the grounds that the pleading, inter a...
2023.07.28 Motion to Expunge Lis Pendens 255
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.28
Excerpt: ...�Police”) executed a search warrant at the subject property. While executing the warrant, the Police observed that the subject property had been converted into marijuana cultivation facilities, containing numerous marijuana products in various stages of production. During the search, the Police encountered Defendants Timothy Earl Nilan (“Nilan”), Ivan Chacon (“Chacon”), Christian Soto (“Soto”) and Antonio Ramirez (“Ramirez”) in ...
2023.07.28 Motion to Compel Responses, for Sanctions 032
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.28
Excerpt: ...ced amount of $360.00 and are payable within 30 days of the date of the notice of ruling. 2. Plaintiff City of El Monte's Motion to Compel Defendant Dank Dynasty LLC's Responses to Demand for Production of Documents, Set No. One is GRANTED [see below]. Dank Dynasty LLC is to provide verified responses, without objections, to Plaintiff's Requests for Production of Documents and Things, Set No. One, within 20 days from the date of the notice of rul...
2023.07.27 Motion for Summary Judgment, Adjudication 039
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.27
Excerpt: ...etainer against Defendant The House of Scoops, LLC (“Defendant”) and Does 1-5. A Case Management Conference is set for September 1, 2023. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield ...
2023.07.26 Motion to Quash Subpoena, for Sanctions, to Modify Subpoena and for Protective Order 054
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.26
Excerpt: ...nnedy, IV (“D. Kennedy”) and Juliet Ru-Yi Chung (“Chung”), by and through Kennedy Capital Partners International, Inc. (“Kennedy Capital”), to purportedly fund the production of television and film projects. Plaintiff has not been repaid. On December 16, 2021, Plaintiff filed a verified complaint, asserting causes of action against D. Kennedy, Chung, Diana Yi Wei Cheng (“Cheng”), Rosemary Kennedy (“R. Kennedy”), Vanessa Yao Gu...
2023.07.26 Motion to Compel Responses to be Amended 428
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.26
Excerpt: ... Documents and Produce Responsive Documents is CONTINUED to September 26, 2023 at 9:30 a.m. [see below]. Background [1] Plaintiff Maria Angela Rodriguez (“Angie”) alleges as follows: Angie, Jorge Rodriguez (“Jorge”), Roberto Rodriguez (“Roberto”) and Richard Yarruths Rodriguez (“Richard”) (collectively, “Siblings”) are siblings; Mercado Latino, Inc. (“Mercado”) and Grosac, Inc. (“Grosac”) were founded by their father, ...
2023.07.25 Motion to Bifurcate Trial 137
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.25
Excerpt: ...greed to invest $50,000.00 in YYP's project under each Agreement for a total of $200,000.00. YYP, in turn, agreed to repay Plaintiff the principal amount, plus a $5,000.00 profit, by July 6, 2018. YYP was unable to make payment on July 6, 2018, so on July 17, 2018, Plaintiff and YYP entered into a Supplemental Agreement in which YYP agreed to pay $5,000.00 by July 20, 2018 and $174,155.66 by August 10, 2018. On July 17, 2018, Ye executed a Person...
2023.07.25 Demurrer 598
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.25
Excerpt: ...ntiff full and equal access. The Store is owned by Defendants No Uoong Ki (“Ki”) and Eun Mi Choi (“Choi”). On March 1, 2023, Plaintiff filed a complaint, asserting causes of action against Ki and Choi for: 1. Violation of The Unruh Civil Rights Act 2. Violation of the California Disabled Persons Act A Case Management Conference is set for July 25, 2023. Legal Standard A demurrer may be made on the grounds that the pleading, inter alia, do...
2023.07.24 Motion to Set Aside Default, Judgment 787
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.24
Excerpt: ...t breached the Agreement. On July 28, 2022, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1-10 for: 1. Breach of Contract On November 15, 2022, Defendant's default was entered. On December 9, 2022, default judgment was entered. Legal Standard Code of Civil Procedure Section 473.5 “When service of a summons has not resulted in actual notice to a party in time to defend the action. . . , he or she may serve a...
2023.07.24 Motion to Dismiss Complaint, for Sanctions 619
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.24
Excerpt: .... Yang was sexually harassed and beat by the individual hired to perform security and maintenance at the building. Li and Xuan turned off the air condition to the subject property in an attempt to get Yang to pay more rent. Li and Xuan have failed to address habitability issues at the building. Li and Xuan discriminate against Yang on the basis of her sex. On June 22, 2022, Yang filed a “Complaint of Frauds, Blackmail, Harassment, Assault, and ...
2023.07.24 Demurrer to SACC 134
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.24
Excerpt: ...y 13, 2015 incorporation. On or about May 10, 2019, Hyung agreed in writing to sell 51% of the outstanding shares of TSI to Taijin USA (“Taijin”) for $1,000,000.00; consequently, Hyung's ownership interests in TSI was reduced to 49%. Hyung continued to act as a TSI officer and director. Hyung was to be in charge of sales and inventory commencing June 1, 2019. On or about February 3, 2021, there was a dispute between TSI's shareholders. TSI al...
2023.07.20 Motion for Security Undertaking 340
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.20
Excerpt: ...led a complaint, asserting causes of action against TARPWR, Inc. dba Flappy Jack's Pancake House (“TARPWR”) and Does 1-30 for: 1. Premises Liability 2. General Negligence On November 10, 2022, TARPWR filed a cross-complaint, asserting causes of action against Roes 1-20 for: 1. Total Indemnity 2. Declaratory Relief—Implied Partial Indemnity 3. Declaratory Relief—Equitable Apportionment 4. Express Indemnity A Case Management Conference is s...
2023.07.20 Motion for Reconsideration 849
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.20
Excerpt: ...Plaintiff in Plaintiff's backyard. Plaintiff advised Li and Zhen that he intended to move into the ADU and wanted the ADU to have a separate and independent water, gas and electric meters. The parties thereafter entered into a contract and Plaintiff paid $170,000.00 towards the $180,000.00 projected costs as construction progressed. On August 15, 2019, Li prepared a change order, which set forth additional costs of $21,965.00 for items related to...
2023.07.19 Application for Default Judgment 983
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.19
Excerpt: ...d to lease the Premises for a period of two years to Food Max in exchange for Food Max's payment of rent. Biao Yin aka William Yin (“Yin”) signed a Guaranty of Lease. Food Max thereafter failed to pay rent and failed to vacate the Premises, requiring Plaintiff to initiate unlawful detainer proceedings against Food Max. Food Max subsequently vacated the Premises; however, after regaining possession of the Premises, Plaintiff discovered that Fo...

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