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2024.04.17 Demurrer, Motion to Strike 896
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.17
Excerpt: ...cause a golf ball entered his residence and injured him and his property. Plaintiff's residence is next to Defendant's golf course. Plaintiff sues for the following causes of action: 1) Negligence 2) Trespass 3) Nuisance 4) Declaratory Relief and Injunctive Relief 5) Violation of Business and Professions Code section 17200, et seq. Defendant SR Mutual Investment Corporation dba California Country Club demurs to all five causes of action because t...
2024.04.16 Motion to Compel Further Responses, for Sanctions 254
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.16
Excerpt: ...oCal, Inc. (“Plaintiff”) entered into an assignment agreement with Behavior Resources, Inc. (“BRI”) whereby Plaintiff acquired all of BRI's rights relating to the wrongful conduct of Defendant Stephanie Alvarez (“Defendant”). Plaintiff alleges that Defendant, during her employment with BRI, from approximately 2016 through her termination in January 2023, stole and/or embezzled approximately $228,000.00 from BRI. Among other things, Pl...
2024.04.16 Motions to Compel Discovery, for Sanctions 901
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.16
Excerpt: ...special interrogatories (set one) and request for production (set one) from Defendants Kulpati Chodha and Kulpati Chodha dba Las Vegas Ice Cream. Background This personal injury lawsuit alleges that on December 11, 2021, Defendant Jacqueline Rivera crashed a motor vehicle directly into the rear of Plaintiff's vehicle which caused serious and life-altering injuries. On June 08, 2023, Plaintiff served Form Interrogatories (Set One), Special Interro...
2024.04.11 Special Motion to Strike Complaint, Demurrer 084
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.11
Excerpt: ...o contendere and was convicted, April 8, 2021… of Penal Code section 647.6(A)(1) (annoying or molesting a chil d under 18 years of age) and section 25850(A) (carrying a loaded firearm on the person or in a vehicle). (Complaint ¶1.) He used the firearm to intimidate and threaten the victim. (Complaint ¶ 8.) “The crimes occurred in connection with the commercial space that was turned into a political campaign office during late 2020 and early...
2024.04.11 Motion to Compel Arbitration 286
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.11
Excerpt: ... and 21.) On July 25, 2023, Plaintiffs filed a Complaint against Defendant alleging a violation of the Song- Beverly Act. Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) now seeks to compel arbitration under the Retail Installment Sales Contract (“RISC”) and its accompanying arbitration agreement. Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid ...
2024.04.10 Motion to Quash Deposition Subpoena 071
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.10
Excerpt: ...denied. 2. Cross- Complainant Maryam Rouillard's Motion to Quash and/or Limit Deposition Subpoena to JP Morgan Chase Bank for Production of Business Records is GRANTED in part [i.e., as to Categories Nos. 19 -24] and otherwise DENIED. Rouillard's alternate r equest to limit the deposition subpoena is GRANTED in part [i.e., as to Categories Nos. 6 -16], DENIED in part [i.e., as to Categories Nos. 17 and 18] and is otherwise DENIED as MOOT [see bel...
2024.04.09 Motion to Strike 798
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.09
Excerpt: ...y. Background This personal injury lawsuit arises out of a motor vehicle accident which occurred on June 1, 2022. The Complaint alleges that Plaintiff Fernando Ortiz Baeza (Plaintiff Baeza”) was injured by Defendant Ricardo Padilla Zamora who was operating a commercial vehicle without a Class A license. The Complaint alleges that Defendant West Wind Logistics, Inc. (“Defendant West Wind Logistics”) owned the vehicle driven by Zamora and kne...
2024.04.09 Motion to Consolidate 388
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.09
Excerpt: ..., California 90706 and 11829 Arkansas Street (collectively “the Properties”). Plaintiff dismissed his complaint against Defendant on August 11, 2021. On January 29, 2019, Defendant filed a cross- complaint against Plaintiff for: 1. Breach of Fiduciary Duty 2. Conversion 3. Waste 4. Unj ust Enrichment 5. Constructive Trust 6. Intentional Misrepresentation 7. Intentional Infliction of Emotional Distress and 8. Declaratory Relief. Default was en...
2024.04.09 Motion to Compel Responses, for Sanctions 923
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.09
Excerpt: ... her job as a part -time medical screener for Defendant Octapharma Plasma, Inc. (“Defendant”). The operative First Amended Complaint (“FAC") was filed on July 3, 2023. On October 5, 2023, Plaintiff served her Request for Production of Documents (Set Two). Defendant OPI served responses on November 6, 2023. In this motion to compel, Plaintiff argues the responses were unverified and, therefore, untimely. (Cooper Decl., ¶ 8.) Legal Stand...
2024.04.09 Motion for Summary Judgment 757
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.09
Excerpt: ...AC alleges that “[o]n or about April 24, 2020, plaintiff Rosa M. Kingsbury was on the premises of defendants' grocery store for the purpose of purchasing groceries. Defendants maintained the premises in an unsafe condition as pallets were present whic h were unstable and maintained in a manner where customers could and were harmed. Plaintiff Rosa M. Kingsbury attempted to obtain products and the pallet gave way causing serious physical injuries...
2024.04.04 Motion for Summary Judgment 004
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ...ividually; and DAWN KASARDA, individually (collectively “Plaintiffs”) against Defendants CITY OF CERRITOS (“City”); and BRIGHTVIEW TREE CARE SERVICES, INC. (“Brightview”) (collectively “Defendants”) on July 18, 2022. On November 7, 2022 the operative First Amended Complaint (“FAC”) was filed. Plaintiffs allege that “[t]his action involves a trip and fall on a defective public sidewalk located between 13745 and 13751 Beach St...
2024.04.04 Demurrer, Motion to Strike 340
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ... GALLEGOS (“Plaintiff”) was injured in a car accident on July 22, 2021. This action was filed on July 27, 2023. Plaintiff's Complaint asserts the following two causes of action: (1) General Negligence; and (2) Motor Vehicle Negligence. Demurrer Defendant SULLY- MILLER CONTRACTING COMPANY (“Defendant”) generally demurs on the basis that Plaintiff's claims are barred by the statute of limitations. Under CCP §335.1, the statute of limitatio...
2024.04.04 Motion to Compel Further Responses 065
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ....) On August 11, 2023, Defendant MELVIN RENE MORALES ASTORGA (“Defendant”) served responses. (Id. ¶5.) On August 25, 2023, Plaintiff's counsel sent a meet and confer letter to Defense Counsel regarding purported deficiencies in Defendant's responses. (Id. ¶6.) On September 15, 2023, attorneys for Defendant provided amended responses, which Plaintiff argues are not code- compliant. (Id. ¶8.) On September 28, 2023, Plaintiff filed the subjec...
2024.04.04 Motion to Compel Arbitration 476
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ...aintiff's purchase of a used 2017 Nissan Pathfinder vehicle. Sometim e thereafter, the RISC was assigned to Defendant Blackfish Capital, LLC (“Blackfish”). This action was filed by Plaintiff against Defendants Freeway; Blackfish; and HUDSON INUSRANCE COMPANY (“Hudson”) (collectively “Defendants”) on August 3, 2023. Plaintiff's Complaint asserts the following causes of action: (1) Violation of the Consumers Legal Remedies Act against F...
2024.04.04 Motion to Compel Arbitration and Stay Proceedings 396
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ...e and attempts to repair the vehicle failed to cure the defects. (Complaint ¶¶9 and 11.) On August 1, 2023, Plaintiffs filed a Complaint against Defendants alleging violations of Song- Beverly Act and Negligent Repair. Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) now seeks to compel arbitration under the Retail Installment Sales Contract (“RISC”) and its accompanying arbitration agreement. Arbitration Agreement ...
2024.04.04 Motion to Strike 208
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.04
Excerpt: ...bruary 16, 2024, the operative First Amended Complaint (“FAC”) was filed. Defendant UNIVERSAL FITNESS CLUB NORWALK, LLC (“Defendant”) moves to strike the following allegation from the FAC: “On or about 05/16/2016, the parties extended the original lease term from 10 years to 15 years” from Plaintiff's Complaint. Defendant argues that this sentence should be stricken on the basis that the “written lease attached to Exhibit 1 to the F...
2024.04.03 Motion to Compel Further Responses 320
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.03
Excerpt: ...cial Interrogatories, Set Two is CONTINUED. III. Plaintiff Pacific Southwest District of the Lutheran Church- Missouri Synod's motion to compel further responses to Request for Production of Documents, Set Three is CONTINUED. IV. Plaintiff Pacific Southwest District of the Lutheran Church- Missouri Synod's motion to compel further responses to Request for Production of Documents, Set Four is CONTINUED. Moving Party to give NOTICE. Form Interrogat...
2024.04.02 Motion to Compel Arbitration 087
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.02
Excerpt: ...ant against American Honda Motor Company, Inc., alleging various defects during the warranty period and negligent repair claim against Galpin Motos, Inc. Evidentiary Objections and Request for Judicial Notice Plaintiff's Evidentiary Objections The Objection to the Declaration of Andres F. Michel in its entirety is OVERRULED. Request for Judicial Notice The Three Requests for Judicial Notice are GRANTED. Legal Standard Under California law, the tr...
2024.04.02 Demurrer 077
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.02
Excerpt: ...tt Jones while they were students at Bell High School between 1987 and 2001. On or about November 8, 2022, Plaintiffs filed their First Amended Complaint, asserting two causes of action against Los Angeles Unified School District (“LAUSD”) for negligence and negligent supervision/retention, and two causes of action against Mr. Jones for sexu al battery and sexual harassment. On or about August 23, 2023, Mr. Jones filed a First Amended Cross-C...
2024.04.02 Demurrer 061
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.04.02
Excerpt: ...e Seventh Cause of Action is SUSTAINED. V. Defendant's Demurrer to the Eighth Cause of Action is OVERRULED. VI. Defendant's Demurrer to the Ninth Cause of Action is OVERRULED. Defendant to give notice. Background Defendants, International Forklift Company and Brian Challoner Demurrer on the punitive damage allegations in the First Amended Complaint (FAC) on the grounds that the FAC does not state facts sufficient to constitute a cause of action a...
2024.03.28 Motion for Leave to File SAC 467
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.28
Excerpt: ...n November 2020, Plaintiff LAUNDRY LOS ANGELES, INC. was vandalized. Defendant Armen Gassyan was arrested at the location and charged with commercial burglary and vandalism. Plaintiffs allege that Defendants MAGIC LAUNDRY SERVICES, INC. and HRAIR KERTENIA N conspired with Armen Gassyan to destroy Plaintiffs' laundry, a competitor of the defendants. This action was filed on December 1, 2022. The initial Complaint contained eight causes of action f...
2024.03.28 Motion for Attorney Fees 629
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.28
Excerpt: ... May 24, 2023. The parties exchanged about one round of discovery each, which includes Plaintiff's preparation of Motions to Compel Further Responses. A Notice of Settlement was filed on June February 7, 2024. Cal. Civ. Code §1794(d) states, “[i]f the buyer prevails in an action under [the Song Beverly Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, inc...
2024.03.28 Demurrer, Motion to Strike 683
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.28
Excerpt: ...ive notice. This action for elder abuse was filed by Plaintiff CHIVALA WALKER, individually and as heir and successor -in- interest to DOROTHY MAE HILL (“Decedent”) (“Plaintiff”) on March 2, 2023. On August 24, 2023, the operative First Amended Complaint (“FAC”) was filed. Plaintiff alleges “Defendant was required to meet the basic needs of Ms. HILL such as hygiene, safety and medical care, as Ms. HILL was admitted with chronic comb...
2024.03.27 Demurrer to FAC, Motion to Strike 447
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.27
Excerpt: ...eging the following: 1. FEHA Discrimination 2. FEHA Retaliation 3. Failure to Provide Reasonable Accommodation 4. Failure to Engage in Interactive Process 5. Failure to Prevent Discrimination, Harassment, or Retaliation 6. Wrongful Termination in Violation of Public Policy 7. Constructive Termination. Meet and Confer The parties satisfied the meet -and -confer requirements. (Decl. Miller, ¶¶ 2 to 4; Code. Civ. Proc., § 430.41; Code Civ. Proc.,...
2024.03.27 Motion to Compel Compliance, for Sanctions 586
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.27
Excerpt: ...ionwide Environmental Services moves to compel compliance with a deposition subpoena of business records served on non- party Shin Imaging Center. Defendant also seeks sanctions. Legal Standard A deposition subpoena for business records directs a nonparty's “custodian of records” to deliver a copy of the requested documents to a “deposition officer” or to make the original documents available to the subpoenaing party for inspection an...
2024.03.27 Motion to Compel Further Responses 854
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.27
Excerpt: ... One is GRANTED. No sanctions. Moving Party to give NOTICE. The motion is unopposed as of March 27, 2024. This is a Song- Beverly action. Meet and Confer The motion shall be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2031.310, subd. (b)(2).) The Court finds Plaintiffs adequately met and conferred. (Decl. Lopez, ¶¶ 5- 6, Ex. C.) Timeliness Notice of the motion to compel further must be provided within 45 days of service o...
2024.03.26 Motion for Summary Judgment, Judgment on the Pleadings 144
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.26
Excerpt: ... and Pico Rivera Holdings LVT, LLC (“Defendants”). The operative Second Amended Complaint alleged: 1) Interference with Prospective Advantage, 2) Negligence, 3) Intentional Infliction of Emotional Distress, and 4) Breach of Contract. Defendants' demurrer to the first and third causes of action were sustained without leave to amend. All that remains is the second cause of action for Negligence and the fourth cause of action for Breach of Contr...
2024.03.26 Motion for Attorney Fees 964
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.26
Excerpt: ...eras and Danilo Visperas filed the instant suit against Defendant General Motors. The Complaint asserts a cause of action for Violation of the Song-Beverly Act Section 1793.2. On September 7, 2023, Plaintiff filed a Notice of Settlement of Entire Case. Legal Standard Attorney's fees are allowed as costs when authorized by contract, statute, or law. (Code Civ. Proc, § 1033.5, subd. (a)(10)(B).) In a lemon law action, costs and expenses, including...
2024.03.21 Motion to Compel Arbitration and Stay Proceedings 218
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.21
Excerpt: ... Code §452.) Background This action arises out of Plaintiffs' purchase of a 2021 Hyundai Sonota vehicle. Plaintiffs contend that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. (Complaint ¶¶9 and 11.) On April 21, 2023, Plaintiffs filed a Complaint against Defendants alleging violations of Song- Beverly Act and Negligent Repair. Defendant HYUNDAI MOTOR AMERICA. (“Defendant” or “Hyundai”) now see...
2024.03.21 Motion for Summary Judgment, Adjudication 082
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.21
Excerpt: ...levant facts, as alleged, are as follows: “Defendants became indebted to plaintiff Caltex Plastics in the amount of $126,406.89 as of July 28, 2022. [¶] On September 19, 2022 in Los Angeles, California, an account was stated in writing by and between plaintiff and defendants and on such statement a balance of $89,738.25 was found due to plaintiff from defendants. Defendants agreed to pay interest on unpaid balances at the rate of 1.5% per mont...
2024.03.21 Demurrer to FAC 522
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.21
Excerpt: ...Plaintiff THEE AGUILA, INC. (“TAI” or “Plaintiff”) on December 7, 2022. On August 8, 2023, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part: “Commencing in 2002, TAI became the fee simple owner of commercial real estate located at 8825 Washington Blvd., Pico Rivera, California 90660….The Property consisted of a 34,000 square foot building used as a nightclub, restaurant and banquet venue....
2024.03.20 Motion to Stay Action 881
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.20
Excerpt: ...ged defects of the 2022 Forest River recreational vehicle they purchased from Mike Thompson Recreational Vehicles in Santa Fe Springs, California. Legal Standard When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just. (Code Civ. Proc., §410.30.)...
2024.03.20 Motion to Stay Action 425
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.20
Excerpt: ...024 when the Limited Protected Party Injunction of the reorganization plan of the Boy Scouts of America ends. Defendant Charles Drylie joins the City of Whittier's motion. Legal Standard Trial courts have the inherent power to stay proceedings to promote justice and judicial efficiency. (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) Requests for Judicial Notice Plaintiff requests judicial notice of the following under Evide...
2024.03.20 Motion for Summary Adjudication 647
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.20
Excerpt: ... fire ignited at the subject property. Pl aintiff/Cross-Defendant seeks compensation for the resulting property damage and loss of rental income. Defendant/Cross -Complainant seeks compensation for abatement of rent on the grounds that Plaintiff/Cross -Defendant did not repair the subject property f ollowing the fire. Defendant/Cross -Complainant seeks summary adjudication of the breach of lease and constructive trust causes of action in its cros...
2024.03.19 Demurrer, Motion to Strike 686
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.19
Excerpt: ...a and GRANTED as to Plaintiff Martha Cowan. Plaintiffs to give notice. This is a wrongful death action arising out of the death of Decedent Sofia Barraza (“Decedent”) on June 11, 2022. Plaintiffs Carlos Barraza and Martha Cowan are the Children of Sofia Barraza. On August 15, 2023, Plaintiffs Carlos Barraza and Martha Cowan, and the Estate of Sofia Barraza (“Plaintiffs”) filed their First Amended Complaint (“FAC”) against Defendants N...
2024.03.19 Motion for Leave to File Complaint 054
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.19
Excerpt: ...6, 2023, for violations of the Song -Beverly Consumer Warranty Act due to the purchase of a 2022 Grand Design Momentum on January 3, 2023. On February 14, 2024, Defendants filed a Motion for Leave to File a Cross- Complaint. As of March 15, 2024, no opposition has been filed to this motion. Legal Standard C.C.P. §426.30(a) provides, as follows: “Except as otherwise provided by statute, if a party against whom a complaint has been filed and ser...
2024.03.19 Motion for Summary Judgment 144
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.19
Excerpt: ...ch have been reduced to claims for breach of contract and negligence. The operative Second Amended Complaint alleged: 1) Interference with Prospective Advantage, 2) Negligence, 3) Intentional Infliction of Emotional Distress, and 4) Breach of Contract. Defendant's demurrer to the first and third causes of action were sustained without leave to amend. All that remains are the second and fourth causes of action. It is undisputed that on February 13...
2024.03.19 Motion to Set Aside Default 150
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.19
Excerpt: ...“Rios”), Excellence RE Real Estate. Inc. (“ERRE”), and Does 1- 50, inclusive, alleging causes of action for 1) financial elder abuse, 2) breach of fiduciary duty, 3) actual fraud, 4) constructive fraud, 5) conversion, 6) recovery of payment from unlicensed contractor, and 7) money had and received. Default was entered against Defendants Rios and ERRE on April 15, 2022, and against Martin, 365 and MRI on February 23, 2023. During the inves...
2024.03.19 Motion to Transfer Venue 546
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.19
Excerpt: ...led his complaint in Los Angeles Superior Court on October 22, 2020. (Jacobsen Decl. ¶ 2, Ex. A.) The complaint alleges nine causes of action: assault, battery, intentional infliction of emotional distress, false arrest, false imprisonment, vio lations of Civil Code sections 51.7 and 52.1, negligence, negligent hiring, and negligent supervision. ( Id.) The complaint originally named ten defendants, consisting of two corporate entities and eight ...
2024.03.14 Motion to Vacate Default 191
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.14
Excerpt: ...D, LLC (“Lone Oak”) on October 24, 2023. On November 2, 2023, Lone Oak applied ex parte to vacate default and dissolve the TRO. Proceedings were continued several times due to an automatic stay following bankruptcy proceedings involving Defendant Jose Gonzalez. The stay has now been lifted. Lone Oak moves to set aside the default under CCP §§473(d) and 473.5. CCP §473(d) At any time, “[t]he court…may on motion of either party after not...
2024.03.14 Motion to Compel Response to Business Records Subpoena 706
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.14
Excerpt: ...to Compel Socal Imaging's Response to Business Records Subpoena is DENIED . V. Defendant CITY OF DOWNEY's Motion to Compel Third -Party Robertson Surgery Center's Response to Business Records is DENIED. VI. Defendant's Motion to Compel Third -Party PT -RN CARE's Response to Business Records is DENIED . Plaintiff to give notice. Defendant CITY OF DOWNEY (“Defendant”) issued subpoenas on various medical providers, including: Samimi Orthopaedic ...
2024.03.14 Motion for Summary Judgment, Adjudication 174
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.14
Excerpt: ... LLC (collectively “Plaintiffs”) filed the operative First Amended Complaint (“FAC”) against Defendants EXPERIOR TRANSPORT & POLMAX, LLC (“Experior”) and TBI EXPRESS, LLC (“TBI”). The FAC asserts claims for breach of contract and breach of guaranty against TBI and Experior. The FAC alleges that “[o]n or about February 19, 2016, Plaintiff and Experior entered into written lease agreement…. The Lease was for a term of five (5) y...
2024.03.14 Motion for Judgment on the Pleadings 538
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.14
Excerpt: ... or around August 11, 1992, Elvira Vargas [mother of Plaintiff and Defendant] and Plaintiff CARLOS S. VARGAS, JR. obtained title to the Subject Property as joint -tenants.” (Complaint ¶8.) “However, in or around September 24, 2019, Elvira Vargas affi rmatively severed the joint tenancy between herself and Plaintiff CARLOS S. VARGAS JR. and conveyed her 50% interest in the Subject Property to herself, in her capacity as the Trustee of the Elv...
2024.03.14 Motion for Entry of Judgment 133
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.14
Excerpt: ...NTED. On January 30, 2024, this Court issued an Order stating: “With respect to All -Ways Far East, LLC and All - Ways Forwarding International, Inc., they are not registered to do business in the state of California. Nor are they necessary parties to this action. Accordingly, those entities are dismissed from this action and are stricken from the complaint…. [¶] Accordingly, Rialto Pacific, LLC f/k/a All -Ways Pacific, LLC is ORDERED to fil...
2024.03.13 Motion to Stay Action 077
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.13
Excerpt: ...creational Vehicles, Colton, Inc.; and Ford Motor Company, Inc. Plaintiffs allege breach of express war ranty, breach of implied warranty, violation of Business and Professions Code section 17200, and negligent repair. The other defendants filed a joinder to this motion. Legal Standard When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, th...
2024.03.13 Motion for Preliminary Approval of Class and Representative Action Settlement 280
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.13
Excerpt: ...ction on behalf of himself individually and all other aggrieved employees employed by defendant Duncan Industries, Inc. Plaintiff alleges Defendant violated the followi ng wage-and -hour Labor Code provisions: (1) failing to pay all wages; (2) failing to provide meal periods or pay compensation; (3) failing to authorize or permit rest breaks or pay compensation; (4) willfully failing to provide itemized wage statements; (5) and failing to pay all...
2024.03.13 Motion for Leave to File FAC 730
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.13
Excerpt: ...his is a real property dispute. Plaintiff Blanca E. Ortiz seeks leave to file a first amended complaint. Leave to Amend Courts have a strong policy of allowing motions for leave to amend. “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend….” ( Morgan v. Super. Ct. (1959) 172 Cal.App.2d 527.) A court can deny leave to amend after long, inexcus...
2024.03.13 Motion for Attorney Fees 686
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.13
Excerpt: ...6,946.00 for 123.2 hours of legal work. Prevailing Party In a contract action, the prevailing party is the party who recovered greater relief in an action “on the contract.” (Civ. Code, § 1717, subd. (b)(1).) In the present case, there is no dispute that Defendant and Cross- Complainant is the prevailing party in the action and is entitled to attorney fees. Thus, the only question to be determined by this motion is the amount of the award. R...
2024.03.12 Motion to Compel Further Responses 701
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.12
Excerpt: ... at 9:30 a.m. in Department SE-C. III. Defendant's Motion to Compel Further Responses to Requests for Production is CONTINUED to Tuesday, May 21, 2024 at 9:30 a.m. in Department SE-C. Defendant to give notice. Background This case involves a March 17, 2021 collision of two sanitation trucks in the driveway of a landfill in Santa Fe Springs, California. The truck owned by Defendant UNIVERSAL WASTE SYSTEMS, INC. (“Defendant”) drove into the rea...
2024.03.12 Motion for Summary Judgment 020
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.12
Excerpt: ...dant Southern California Permanente Medical Group alleging that it was negligent in its medical care and treatment of Decedent, resulting in his death. Defendant Southern California Permanente Medical Group now moves generally for a Motion for Summary Judgment. Legal Standard The purpose of a motion for summary judgment “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their alle...

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