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2023.08.17 Motion for Reconsideration, to Compel Arbitration and Stay Proceedings 701
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.17
Excerpt: ...san (Dealership). Plaintiffs contend that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On July 29, 2022, Plaintiffs filed a Complaint against Defendant alleging violations of Song-Beverly Act and negligent repair. On February 15, 2023, the court granted Defendant's Motion to Compel Arbitration based upon Felisilda v. FCA U.S. LLC (2020) 53 Cal.App.5 th 486, the only controlling authority at the time the...
2023.08.16 Motion to Compel Compliance with Court Order, for Monetary Sanctions 419
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.16
Excerpt: ...intiff) moves to compel court ordered discovery pursuant to CCP § 2031.300 and sanctions pursuant to 2023.010(g). Background On November 23, 2022, Plaintiff filed a Complaint against Defendant General Motors, LLC (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's 2021 GMC Sierra 1500. Plaintiff alleges his vehicle suffered from defects and Defendant was unable to repair it within a reasonab...
2023.08.16 Motion to Strike FAC 635
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.16
Excerpt: ...nes' (Plaintiff) First Amended Complaint pursuant to CCP § 437. Background Plaintiff brings this action against Defendant alleging violations of the Unruh Civil Rights Act (Unruh) and the Americans with Disabilities Act (ADA). Plaintiff uses a cane and walker for mobility and alleges he visited Defendant's place of business in Huntington Park and observed violations of the ADA concerning the parking lot. Plaintiff's First Amended Complaint alleg...
2023.08.16 Motion to Enforce Settlement 680
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.16
Excerpt: ...ement pursuant to CCP § 664.6. Background This action arises from a dispute as to the sale of real property in Maywood. At the February 28, 2023 Mandatory Settlement Conference, the parties agreed to an oral stipulated settlement on record. Legal Standard “If parties to pending litigation stipulate, in writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the co...
2023.08.15 Motion to Compel Arbitration 740
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.15
Excerpt: ...IN: 5FNRL6H51KB130309. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had electrical and transmission defects. (Id., ¶ 24.) Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverly Act – Breach of Express Warranty 2. Violation of the Song-Beverly Act – Breach of Implied Warranty 3. Fraudulent Inducement - Concealment Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court...
2023.08.15 Motion for Summary Adjudication 216
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.15
Excerpt: ...iled to control their vehicle, causing Plaintiff's damages. Based thereon, the Complaint asserts causes of action for: 1. Motor Vehicle 2. Negligence STANDARD A defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant...
2023.08.15 Motion to Deem RFAs Admitted, for Sanctions 768
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.15
Excerpt: ...nts Pico Center Inc., Wonsuk An, and Brian An move to compel responses to request for admissions pursuant to CCP § 2033.280. Complaint On September 30, 2019, Plaintiff Christopher Oliver filed a complaint alleging Wrongful Eviction. Plaintiff entered into an oral contract with defendant for monthly rental of $650 on a month-to-month basis. (Complaint, ¶ 7.) Plaintiff paid rent for the month of October 2017, but defendants manifested an explicit...
2023.08.10 Motion to File Amended Answer 391
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.10
Excerpt: ...N Gate as a Defendant. Flex N Gate seeks to amend its answer to indicate that it is being filed on behalf of Ventura Group Co., dba Flex N Gate Seeburn and Flex N Gate Bradford, the entities responsible for the design and manufacturing of the jack. “A trial court has discretion to allow amendment of any pleading at any stage of the proceedings and it has been said that liberality should be particularly displayed in allowing amendment of answers...
2023.08.10 Motion for Summary Judgment 428
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.10
Excerpt: ... 27, 2023. This action for medical malpractice was filed by Plaintiffs on June 24, 2021. Plaintiffs' Complaint asserts a sole cause of action for general negligence. Defendant/Cross-Complainant Lakewood filed the subject Cross-Complaint on June 17, 2022. The Cross-Complaint asserts causes of action for: (1) Total Equitable Indemnity; (2) Partial Equitable Indemnity; (3) Contribution and Repayment; and (4) Declaratory Relief. Cross-Defendant BARUG...
2023.08.10 Demurrer, Motion to Strike 995
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.10
Excerpt: ...his wrongful death/elder abuse action was filed by Plaintiffs MAUDE FOX, deceased, by and through her personal legal representative and successor in interest Deisree Fox; and DESIREE FOX, individually (collectively “Plaintiffs”). On December 29, 2022, the operative First Amended Complaint (“FAC”) was filed. Plaintiffs allege that “Decedent MAUDE was admitted to Defendant FACILITY in 2019 for skilled and custodial services to meet her ca...
2023.08.10 Demurrer, Motion to Strike 070
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.10
Excerpt: ... alleges that Defendant GENERAL MOTORS LLC (“Defendant” or “GM”) did not disclose and actively concealed infotainment defects; engine defects; brake system defects; seat belt defects; and electrical defects affecting Plaintiff's 2019 Chevrolet Silverado 1500. (See Complaint ¶¶6-11, 50.) Plaintiff's FAC asserts the following causes of action: (1) Violation of Cal. Civ. Code §1793.2(d); (2) Violation of Cal. Civ. Code §1793.2(b); (3) Vi...
2023.08.09 Motion to Compel Arbitration and Stay Proceedings 120
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.09
Excerpt: ...ion and stay proceedings. The motion is not opposed. Background Plaintiff Marisela Covarrubias, individually and as heir and successor in interest to Mary Ester Castaneda, (Plaintiff) filed a complaint against Defendants for the wrongful death of her mother Ms. Castaneda. Plaintiff alleges causes of action for (1) Wrongful Death; (2) Violations of the Elder Abuse Act; and (3) Violations of H&S Code § 1430(b). Legal Standard Parties may be compel...
2023.08.09 Motion for Reconsideration of Motion for Summary Judgment 420
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.09
Excerpt: ...o Schaffer (Plaintiff), against K&M, who owns, manages, and/or controls the property located at 2443 E. 27th Street, Vernon, California. (Complaint, ¶ 2.) Defendant Felix Goldberg is the trustee of the Felix Goldberg Trust, and the trust is the owner of the property. (Id., ¶ 3.) On February 21, 2019, Plaintiff sustained injury on the property when he fell through the floor of the second story down to the first story of the premises. (Id., ¶¶ ...
2023.08.09 Motion to Compel Further Responses, for Sanctions 413
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.09
Excerpt: ...tories, Requests for Admission, and Form Interrogatories. Plaintiff also requests sanctions. Defendant Gloria Sandoval (Defendant) requests sanctions in her oppositions. Background This is a Financial Elder Abuse case. The Third Amended Complaint (“TAC”) alleges that the real property at issue was transferred from Plaintiff Maria Sandoval's trust to Defendant Gloria Sandoval and her now deceased husband, Everardo Sandoval, in 2012. (TAC, ¶¶...
2023.08.09 Motion to Compel Further Responses 812
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.09
Excerpt: ...nst Defendant American Honda Motor Co., Inc. (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiffs' 2019 Honda HR-V EX (Subject Vehicle). Plaintiffs allege that the Subject Vehicle was defective and Defendant has been unable to repair the vehicle within a reasonable number of attempts and did not repurchase it. Meet and Confer The court finds that the parties adequately met and conferred prior t...
2023.08.09 Motion to Quash Service of Summons 123
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.09
Excerpt: ...st Defendant. Legal Standard A defendant may move to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (Code Civ. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581, subd. (h).) “A court of this state may exercise jurisdiction on any basis not inconsistent w...
2023.08.08 Motion to Compel Arbitration and Stay Proceedings 693
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.08
Excerpt: ...6. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had “serious defects and nonconformities to warranty including, but not limited to, electrical, suspension, engine, and emission system defects..” (Id., ¶ 10.) Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverly Act – Breach of Express Warranty 2. Violation of the Song-Beverly Act – Breach of Implied Warranty 3. Violation of the Song-Beverly ...
2023.08.08 Motion for Summary Judgment 018
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.08
Excerpt: ...urchased a 2019 Chevrolet Express.” (Complaint, ¶ 7.) Plaintiff alleges that the vehicle developed defects that defendant could not repair. (Id., ¶¶ 13, 16.) Based thereon, the Complaint asserts causes of action for: 1. Violation of CC § 1793.2(d) 2. Violation of CC § 1793.2(b) 3. Violation of CC § 1793.2(a)(3) 4. Violation of CC § 1791.2(a), 1794 5. Violation of CC § 1791.1, 1794 STANDARD A defendant has met his or her burden of showin...
2023.08.08 Demurrer, Motion to Strike 156
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.08
Excerpt: ...vember 5, 2021 Plaintiff JANE DOE was attending her science class at the subject premises when she was approached by her science teacher, Defendant JOHN DOE. Defendant JOHN DOE approached Plaintiff and made numerous sexual comments and/or sexual insinuations.” (Complaint, ¶ 18.) Based thereon, the Complaint asserts causes of action for: 1. Assault (v. John Doe) 2. Battery (v. John Doe) 3. IIED (v. John Doe) 4. Negligent Hiring, Supervision & R...
2023.08.08 Demurrer to FAC 422
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.08
Excerpt: ...te a cause of action. First Amended Complaint On April 27, 2020, Plaintiff Sapienza entered into a warranty contract with Ford regarding a 2020 Ford Fusion vehicle. (Complaint, ¶ 15.) “Defects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to transmission.” (Id., ¶ 16.) def was unable to repair the vehicle. (Id., ¶ 19.) Based thereon, the Complaint asserts caus...
2023.08.08 Demurrer 729
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.08
Excerpt: ...ntiff [Gabriela Ayala] was lawfully on Defendants' premises located at 12270 Paramount Blvd., Downey, CA 90242, for the mutual benefit of Plaintiff and the Defendants. At such time and place, Defendants allowed a dangerous condition, which created a slip hazard, to remain on their property resulting in injury to Plaintiff. Additionally, Defendant, WALMART INC.'s employees had been negligently trained, managed, retained and supervised contributing...
2023.08.03 Motion for Sanctions 424
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.03
Excerpt: ...�128.7 is GRANTED. Moving Party to give notice. Defendants' Requests for Judicial Notice are GRANTED. (Cal. Ev. Code §452.) Absent prejudice to the Moving Parties, and in the interests of justice and judicial efficiency, the Court has read and considered Plaintiff's untimely Opposition filed and served on July 28, 2023— due by July 21, 2023. (CCP §1005(b).) The relevant procedural history of this case is as follows: · On November 13, 2002, J...
2023.08.03 Motion for Summary Judgment 324
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.03
Excerpt: ...tion of Barbra J. Lopez filed on March 10, 2023 in conjunction with Plaintiff's Reply. All papers filed on or before July 27, 2023 have been read and considered. The Court issues a tentative ruling on the merits. This collections action was filed on April 27, 2022 by Plaintiff JPMORGAN CHASE BANK, N.A.s (“Plaintiff” or “Chase”) against Defendant PRECISION DIAGNOSTIC IMAGING INC. (“Defendant” or “PDII”). The Complaint alleges the f...
2023.08.03 Motion to Compel Further Discovery Responses 585
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.03
Excerpt: ...Request for Production of Documents (set one). CCP § 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2031.310(b).) Plaintiff alleges that Plaintiffs' 2015 GMC Sierra 1500 vehicle suffers from engine...
2023.08.02 Motion to Compel Arbitration and Stay Proceedings 012
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.02
Excerpt: ...s Airbnb, 14042 Lynmark Street Apartments, and Champa Perera for personal injury and monetary damages arising from a stay at an Airbnb property. Plaintiff alleges causes of action for (1) Battery; (2) Negligence; (3) Intentional Infliction of Emotional Distress; (4) Fraudulent Concealment; (5) Private Nuisance; (6) Public Nuisance; and (7) Breach of Contract. Legal Standard Parties may be compelled to arbitrate a dispute upon the court finding th...
2023.08.02 Anti-SLAPP Motion 133
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.02
Excerpt: ... testimony are advanced to this date and continued to October 25, 2023. Briefing schedule is per code. Moving Party to give NOTICE. This hearing is regarding the court's determination of whether the litigation privilege protects Plaintiff/cross-Defendant Saadia Square's (Saadia) January 12, 2021 email. Background Saadia filed a complaint against numerous Square Mile (SM) and All-Ways entities (All-Ways) (collectively Defendants) for: (1) Breach o...
2023.08.02 Motion to Compel Deposition 380
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.02
Excerpt: .... Background Plaintiff/Cross Defendant Altamed Health Services (Alta) filed this complaint on June 15, 2021 against InnoVage for (1) Intentional Interference with Prospective Economic Advantage; (2) Negligent Interference With Prospective Economic Advantage; and (3) Violation of Business and Professions Code §§ 17200 et. seq. On March 30, 2022, InnoVage filed a cross-complaint against Alta for (1) Intentional Interference with Contract; (2) Int...
2023.08.02 Motion to Compel Arbitration and Stay Proceedings 946
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.02
Excerpt: ...Installment Sales Contract (RISC) to finance his purchase of a 2017 Nissan Altima from a Nissan dealership. Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On February 14, 2023, Plaintiff filed a Complaint against Defendant alleging: (1) breach of express warranty; (2) breach of implied warranty of merchantability; and (3) violation of the Song-Beverly Act Section 1793.2(b). Defenda...
2023.08.02 Motion to Compel Further Responses 922
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.02
Excerpt: ...o CCP § 2031.310. Background On September 30, 2022, Plaintiff filed a complaint against Defendant General Motors, LLC (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's 2019 Chevrolet Silverado (Subject Vehicle). Plaintiff alleges that the Subject Vehicle was defective and Defendant has been unable to repair the vehicle within a reasonable number of attempts and did not repurchase it. Meet ...
2023.08.01 Motion to Compel Further Responses 588
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.01
Excerpt: ...Tomas Chavez Garcia's Complaint alleges that ‘[o]n August 24, 2021, Plaintiff purchased a 2021 Honda Accord, having VIN No. 1HGCV1F39MA094953. (Complaint, ¶ 8.) The vehicle suffers from electrical and emissions system defects (Id., ¶ 10), and Defendant has been unable to repair the vehicle within a reasonable number of attempts (Id., ¶ 24). Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverly Act – Br...
2023.08.01 Demurrer, Motion to Strike 896
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.01
Excerpt: ...e 4 th cause of action for Fraud on the ground that it fails to state facts sufficient to constitute a cause of action and is time-barred. First Amended Complaint On October 7, 2017, Plaintiffs Cipriano Jimenez and Martin Jimenez purchased a 2017 Chevrolet Colorado, having VIN No.: 1GCGSDEN2H1228074. (Complaint, ¶ 4.) “Shortly after Plaintiffs purchased their vehicle, they began to experience the Transmission Defects which gradually worsened o...
2023.08.01 Demurrer, Motion to Strike 860
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.01
Excerpt: ...ficient to constitute a cause of action. First Amended Complaint On November 24, 2018, Plaintiffs Alejandro Mejia and Federico Mejia purchased a 2018 Chevrolet Silverado, having VIN No.: 3GCUKSEC5JG503689. (Complaint, ¶ 4.) “Shortly after Plaintiffs purchased their vehicle, they began to experience the Transmission Defects which gradually worsened over time.” (Id., ¶ 13.) Based thereon, the Complaint asserts causes of action for: 1. Violati...
2023.08.01 Motion to Compel Further Responses 602
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.01
Excerpt: ...mplaint alleges that ‘[o]n or about March 29, 2019, in exchange for valuable consideration, Plaintiff purchased a 2019 Jeep Grand Cherokee (hereinafter “Vehicle”), manufactured and/or distributed by Defendant, with corresponding Vehicle Identification Number 1C4RJEAG5KC673400. (Complaint, ¶ 5.) The vehicle suffers from electrical, engine, oil, air conditioning, and safety system defects (Id., ¶ 11), and Defendant has been unable to repair...
2023.08.01 Motion to Set Aside Default Judgment 834
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.01
Excerpt: ...ent & Engineering (“ACME”) moves to set aside default judgment pursuant to CCP § 473(b). This is Breach of Contract action filed by Plaintiff American Construction Management & Engineering for $1,405,416.11. The Complaint asserts causes of action for: 1. Breach of Contract 2. Account Stated 3. Reasonable Value 4. Foreclosure on Mechanic's Lien J.R. Miller & Associates (“J.R. Miller”) filed a Cross-Complaint against ACME on May 4, 2020. T...
2023.08.01 Motion to Strike 130
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.08.01
Excerpt: ...amaha motorcycle in the carpool lane on the northbound I-605 (San Gabriel River Freeway) approximately 1320 feet south of Saragosa Street, in the City of Whittier, County of Los Angeles, State of California. Defendants, DENNIS MARTIN AVILA, and DOES 1 to 20 were driving their 2016 Chevrolet Cruz automobile in the number four northbound lane of I- 605 after consuming alcohol, knowing that they would be driving a vehicle, or conscious indifference ...
2023.07.27 Motion to Compel Arbitration and Stay Proceedings 074
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.27
Excerpt: ...of a 2017 Nissan Infiniti vehicle from Infiniti of Mission Viejo (Dealership). Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On October 21, 2022, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act and negligent repair. Defendant now seeks to compel arbitration under the RISC and its accompanying arbitration agreement. Arbitration Agreement Partie...
2023.07.27 Demurrers to SAC 817
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.27
Excerpt: .... The Court notes that Plaintiff's former counsel's Motion to be Relieved as Counsel was granted on May 17, 2023. This breach of contract action was filed on December 8, 2021. On December 30, 2022, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges the following relevant facts: “In or about June 2020, Plaintiff began discussions with Blumerq to purchase a large quantity of 3M 8160 N95 Surgical Masks (the ‘Masks'). I...
2023.07.27 Demurrer, Motion to Strike 830
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.27
Excerpt: ...ndants' Demurrer and Motion to Strike is GRANTED. Plaintiffs to Give Notice. “The court may… at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter (1) there is “irrelevant, false or improper matter inserted in any pleading”; or (2) to strike any pleading or part thereof “not drawn or filed in conformity with the laws of this state, a court rule or order of court.” (CCP ...
2023.07.27 Demurrer to TAC 285
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.27
Excerpt: ...Y, INC. (“ESI”); DALIA GODINEZ (“Dalia”); and WELLS FARGO BANK (“Wells Fargo”) on May 6, 2021. On February 10, 2023, the operative Third Amended Complaint (“TAC”) was filed. The TAC alleges, in pertinent part: “Lazaro W. Diaz (hereafter ‘Lazaro') opened escrow #87327-DA with ESCROW TODAY, INC. (hereafter ‘ETI') on August 3, 2020, for the purchase of real property described as: 919 Grace Street, Bakersfield, CA 93305 (hereaft...
2023.07.27 Demurrer 128
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.27
Excerpt: ...Defendants ELIZABETH GONZALEZ; JOSEPH GONZALEZ; MOSSES GONZLAES; and MIRANDA GONZALEZ (collectively “Defendants”). Defendants demur to the sole cause of action for unlawful detainer. As to the Entire Complaint – Uncertainty Defendants argue that Plaintiff's pleading is fatally uncertain. This argument lacks merit because “[a] special demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the plead...
2023.07.27 Demurrer, Motion to Strike 893
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.27
Excerpt: ...(“Plaintiffs”) on September 26, 2022. On January 13, 2023, the operative First Amended Complaint (“FAC”) was filed. Plaintiffs allege that Defendant GENERAL MOTORS LLC (“Defendant” or “GM”) did not disclose and actively concealed a transmission defects affecting Plaintiffs' 2016 Chevrolet Colorado. (See Complaint ¶¶4-5936.) Plaintiff's FAC asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Expre...
2023.07.26 Motion to Lift Stay and Withdraw Claim from Arbitration, for Monetary and Evidentiary Sanctions 633
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.26
Excerpt: ...nd evidentiary sanctions pursuant to CCP § 1281.99 Background On October 27, 2021, Plaintiff Daisy Ferrer entered into a Retail Installment Sales Contract (RISC) to finance her purchase of a 2015 Audi from Defendant Pro X Motors, Inc. (Pro X). Plaintiff contends that she asked a Pro X salesperson if the vehicle had “a clean CARFAX” and was told it did. She alleges that there were two damages reports on CARFAX from 2017 and 2018 after purchas...
2023.07.26 Motion to Compel Arbitration and Stay Proceedings 617
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.26
Excerpt: ...order compelling further response to her requests for production pursuant to CCP § 2031.310. Background On December 10, 2019 Plaintiff Fanny Reyes (Plaintiff) entered into a Retail Installment Sales Contract (RISC) to finance their purchase of a 2020 Nissan Altima from a Nissan dealership. Plaintiff contend that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On July 21, 2022, Plaintiff filed a Complaint ...
2023.07.26 Motion for Judgment on the Pleadings 812
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.26
Excerpt: ...laintiff was employed from January 2020 to May 2020. Plaintiff sent notice to LWDA on September 30, 2021 and filed her complaint on December 7, 2021 seeking only a PAGA cause of action as a representative. Judicial Notice All requests for judicial notice are granted as documents of court. Legal Standard The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, unde...
2023.07.26 Motion for Dismissal of Class Action Claim 047
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.26
Excerpt: ...endants Sam Entertainment Group and Simon Simonian (Defendants) for violations of the Labor Code. Plaintiff now seeks preliminary approval of the dismissal of her PAGA claims without prejudice such that she may settle individually. Legal Standard As a “fiduciary” of the absent class members, the trial court's duty is to have before it sufficient information to determine if the settlement is fair, adequate, and reasonable. (7-Eleven Owners for...
2023.07.26 Motion for Determination of Good Faith Settlement 179
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.26
Excerpt: ...ober 5, 2020. Plaintiff Dornetta Napier (Plaintiff), a security guard employed by SPS, brought this action against Camino Real Foods (Camino) and Robert Cross (collectively Cross-Complainants) when she was working on Camino's property and a gate fell on her. Plaintiff alleged causes of action for premises liability and general negligence. Cross-Complainants filed a cross-complaint against SPS asserting causes of action for (1) equitable indemnity...
2023.07.25 Demurrer, Motion to Strike 690
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.25
Excerpt: ...on on the ground that they fail to state facts sufficient to constitute a cause of action. Defendant additionally moves to strike the 3 rd – 4 th causes of action, treble damages, and ¶ 58. The Complaint alleges that Plaintiff Doe was sexually assaulted by her gym teacher, Defendant Kip Arnold. “Despite the unequivocal evidence that ARNOLD was a danger to minors, LAUSD ignored the risks and kept ARNOLD in the teaching environment where he co...
2023.07.25 Demurrer, Motion to Strike 004
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.25
Excerpt: ... fails to comply with the Tort Claims Act. Defendant additionally moves to strike the 2 nd – 4 th causes of action. This is a trip and fall case. The operative First Amended Complaint (“FAC”) alleges: “Plaintiffs are informed and believe and, based on such information and belief, alleges that on or about September 26, 2021, the City of Cerritos maintained the sidewalk located between 13745 and 13751 Beach Street Cerritos, CA 90703. On fur...
2023.07.25 Motion for Summary Judgment, Adjudication 590
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.25
Excerpt: ...T Plaintiff Jesus Garcia's Third Amended Complaint (“TAC”) alleges that Defendant Franklin Credit Management Corporation engaged in Unfair Debt Collection Practices. “Plaintiff Jesus Garcia (“Plaintiff”), at all relevant times, has owned the Property located at 11470 Pruess Ave., Downey, CA 90241.” (TAC, ¶ 8.) “Plaintiff purchased the Property in December 1994. In October 2005, Plaintiff sought to refinance existing mortgages on th...
2023.07.25 Motion to Compel Arbitration and Stay Proceedings 086
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.25
Excerpt: ...chased a 2019 Honda CR-V, VIN: 5J6RW1H83KA020417. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle was “equipped with defective computerized driver-assistance safety systems called “Honda Sensing”.” (Id., ¶ 11.) Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverly Act – Breach of Express Warranty 2. Fraudulent Inducement - Concealment Arbitration Agreement Parties may be compelled to arbitrat...
2023.07.25 Motion to Declare Vexatious Litigant, to Furnish Security, to Issue Pre-Filing Order 144
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.25
Excerpt: ...ff Henry Aguila from filing any new litigation in the courts of this state is MOOT. Moving Party to give NOTICE. Defendant Joseph Shabani moves to have Plaintiff Henry Aguila deemed a vexatious litigant and for the following orders: (1) prohibiting Aguila from filing any new litigation in the Courts of this State without first obtaining leave from the presiding justice or judge of the Court where the litigation is proposed to be filed, and (2) re...
2023.07.20 Motion to Compel Further Responses 669
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.20
Excerpt: ... Defendants MANUEL CORIA and BRIGHTSIDE ELECTRICAL & PLUMBING, INC. (“Defendants”) to submit further responses to Form Interrogatories 13.1 and 13.2: · FI 13.1: Have YOU OR ANYONE ACTING ON YOUR BEHALF conducted surveillance of any individual involved in the INCIDENT or any party to this action? If so, for each surveillance state: (a) the name, ADDRESS, and telephone number of the individual or party; (b) the time, date, and place of the sur...
2023.07.20 Motion to Compel Arbitration and Stay Proceedings 772
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.20
Excerpt: ...se of a 2019 Honda Pilot vehicle from Autonation Honda Costa Mesa (Dealership). Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On August 29, 2022, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act and fraud. Defendant now seeks to compel arbitration under the RISC and its accompanying arbitration agreement. Arbitration Agreement Parties may be co...
2023.07.20 Motion for Summary Judgment, Adjudication 792
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.20
Excerpt: ...Premises Liability. Defendants KIM and BAIK were subsequently added as DOE 1 and DOE 1. Raymond Yi passed away in 2022. SUNG KUK YI (“Plaintiff”), Plaintiff's father, has substituted in as party plaintiff for Decedent. Defendant JSGS Partners, LLC's Motion for Summary Judgment was granted on September 11, 2020. Defendant CHOI's motion for summary judgment was granted on February 9, 2021. Defendant DONG HYUN BAIK (“Baik”) is the sole remai...
2023.07.19 Motion to Compel Deposition 791
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.19
Excerpt: ...hase of a 2018 Ford Mustang Vehicle was filed on September 1, 2022. Legal Standard “Pursuant to CCP §2025.450, if after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, the party giving notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of ...
2023.07.19 Motion to Authorize Discovery of Financial Information 276
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.19
Excerpt: ...eah Kaseblyan, a minor by and through her guardian ad litem, Ani Khachikyan, (collectively, Plaintiffs), filed this action against defendants Platinum Transportation Group, Inc. (Defendant) and Miguel Angel Pacheco (Pacheco) for damages arising from a motor vehicle accident. Plaintiffs allege that defendants were hired to transport Plaintiffs, and that defendants negligently caused an accident while Plaintiffs were passengers in defendants' vehic...
2023.07.19 Motion for Stay 596
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.19
Excerpt: ...ntiff Jordan Primo (Plaintiff) on December 4, 2019 asserting a cause of action against Defendant for Healthcare Malpractice. Plaintiff alleges that he requested to undergo medical care for “hives” at a nearby medical office while at work as a fireman for Defendant. Plaintiff alleges his supervisor instructed him to seek medical care of two licensed paramedics working at the fire station. He contends that the medical care provided caused him c...
2023.07.19 Motion for Reconsideration 797
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.19
Excerpt: ...zone of abatement with the trial court retaining merely a vestigial jurisdiction over matters submitted to arbitration. This vestigial jurisdiction over the action at law consists solely of making the determination, upon conclusion of the arbitration proceedings, of whether there was an award on the merits . . . .” ( Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.App.4th 1790, 1796.) The court also retains a separate, limited jurisdiction o...
2023.07.19 Motion for Approval of PAGA Settlement Agreement, for Attorney Fees 317
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.19
Excerpt: ...plaint against Defendant National Trench Safety, Inc. (Defendant) for violations of the Labor Code. Plaintiff now seeks approval of the PAGA Settlement and Release. Legal Standard “The superior court shall review and approve any settlement of any civil action filed pursuant to this part.” (CCP § 2699(l)(2).) “Because many of the factors used to evaluate class action settlements bear on a settlement's fairness— including the strength of t...
2023.07.19 Demurrer 998
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.19
Excerpt: ...ne of Defendant Ford Motor Company's (Defendant) dealerships on February 25, 2018. Plaintiff filed a complaint alleging violations of the Song-Beverly Act, breach of the implied warranty of merchantability, and fraud. Plaintiff alleges that the complaint is subject to “any statutes of limitation applicable to Plaintiff's claims- including, without limitation, the express warranty, implied warranty, and negligent repair – the running of the li...
2023.07.18 Application for Writ of Possession, Writ of Attachment 712
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.18
Excerpt: ...tute. (CCP § 489.220.) Moving Party to give NOTICE. This is an action for breach of equipment lease in the sum of $70,446.83. The Complaint asserts causes of action for: 1. Breach of Lease Agreement 2. Breach of Guaranty 3. Account Stated 4. Claim and Delivery I. Writ of Possession Plaintiff Financial Pacific Leasing, Inc. applies for a writ of possession pursuant to CCP § 512.010 et seq. Notice Prior to the hearing, the defendant shall be serv...
2023.07.18 Motion to Compel Arbitration and Stay Proceedings 428
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.18
Excerpt: ...��) and Krystle Brewster move to compel arbitration pursuant to CCP § 1281.2. As an initial matter, the Opposition was filed LATE. However because Defendants were able to file a Reply, the court will consider the arguments on the merits. This is an employment action brought by Plaintiff Sagrero against Plaintiff's employer, Defendant Bergen Shippers Corp. and co-employees Cristal Doe and Christian Doe for Disability Discrimination. The Complaint...
2023.07.18 Motion for Summary Judgment, Adjudication 633
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.18
Excerpt: ...ender, Plaintiff Olaes and the borrowers, Defendants David Kim, RD Restaurant Group, Inc. and Golden Den Corp. in the sum of $2,998,814.00. (Complaint, ¶¶ 8, 24, 27.) Based thereon, the Complaint asserts causes of action for: 1. Breach of Contract 2. Common Counts STANDARD “A plaintiff… has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling th...
2023.07.18 Motions to Set Aside Entry of Default, Judgment 154
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.18
Excerpt: ...ho, Manuel Camacho and Monica Selanikio move to set aside entry of default and default pursuant to CCP §§ 473 and 473.5. This is an action for Quiet Title filed by Plaintiff William Gonzalez relating to property that is 10,108 square feet located in the City of Pico Rivera. (Complaint, ¶ 9.) Defendant ANGELO JONES is the record owner of certain property located at 6411 Silverette Dr, Pico Rivera, CA (Id., ¶ 11), which adjoins Plaintiff's prop...
2023.07.13 Motion to Compel Arbitration 821
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.13
Excerpt: ...r PAGA for personally sustained violations and violations against other aggrieved employees. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate....
2023.07.13 Motion for Summary Judgment 448
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.13
Excerpt: ...alleges the following relevant facts: “On April 22, 2020… Plaintiff IRENE LOPEZ TARIN, was walking on Pine Ave. and tripped an [sic] fell due to a dangerous condition in the form of severely uneven pavement.” (FAC Prem. L-1.) Plaintiff alleges that “Defendants and each of them negligently and carelessly owned, operated, managed, entrusted, designed, and maintained said premises as to cause bodily injury to Plaintiff.” (FAC GN-1.) The FA...
2023.07.13 Demurrer, Motion to Strike 200
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.13
Excerpt: ...ee simple owner of the Subject Property located at 11431 Asmussen Ave., Norwalk, CA 90650. (Complaint ¶¶7-8.) “In early 2010, TAFOLLA was afflicted with breast cancer and was concerned that she may die…. [¶] Due to the fact that CARMEN was not willing to hold title to the SUBJECT PROPERTY on behalf of TAFOLLA, CARMEN enlisted the help of daughter and TAFOLLA'S granddaughter, DUNCAN. DUNCAN through CARMEN agreed to hold a 50% title interest...
2023.07.13 Demurrer, Motion to Strike 190
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.13
Excerpt: ...TORS LLC (“Defendant” or “GM”) did not disclose and actively concealed a defective high voltage battery pack affecting Plaintiff's 2020 Chevrolet Bolt vehicle. (See Complaint ¶¶8-36.) Plaintiff's Complaint asserts the following causes of action: (1) Fraud Concealment and Misrepresentation; (2) Negligent Misrepresentation; (3) B&P Code §17200; (4) Violation of Song- Beverly Act (Breach of Express Warranty); (5) Violation of Song-Beverly...
2023.07.13 Demurrer to SACC, Motion to Strike 284
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.13
Excerpt: ...y 21, 2023, Defendant/Cross-Complainant THOMAS REYES, JR. (“Cross-Complainant” or “Reyes”) filed subject Second Amended Cross-Complaint (“SAXC”). The SAXC alleges, in pertinent part: “This Cross-Complaint centers around the fraud and breach of duties by Cross-Defendants to take control of Cross-Complainant's business and the Cross-Defendant's attempts to take Cross-Complainant's personal property that he created and owned before the...
2023.07.12 Motion to Strike 248
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.12
Excerpt: ...itaker (Plaintiff) brings this action against Defendant alleging violations of the Unruh Civil Rights Act (Unruh) and the California Disabled Persons Act (CDPA). Plaintiff uses a wheelchair for mobility and alleges he visited Defendant's store located in Bellflower and observed a violation of the Americans with Disabilities Act concerning a path of travel within the store. Plaintiff's Complaint alleges two causes of action: (1) violation of Unruh...
2023.07.12 Motion to Set Aside Default Judgment 526
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.12
Excerpt: ...ch caused damages at a property located at 9949 Winfield Avenue, Whitter, California 90603 (the Property). On June 6, 2022, Plaintiff Fire Insurance Exchange (Plaintiff) filed a complaint against Defendant for subrogation for negligent damages to property. It alleges that Plaintiff was the insurer of the Property, that Defendant negligently caused damage to the Property, and Plaintiff paid the Property owner $269,419.74 for the damages alleged to...
2023.07.12 Motion for Leave to Amend Complaint 323
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.12
Excerpt: ... infestation, defective doors, defective plumbing, defective electrical wiring, mold, and the carpet needed replacement. The FAC asserted causes of action for: (1) Breach of Warranty of Habitability; (2) Specific Performance of Negligent Maintenance of Premises; (3) Nuisance; (4) Order Abating a Nuisance; (5) Intentional or Reckless Infliction of Mental Distress; (6) Breach of Covenant of Good Faith and Fair Dealing; (7) and Order Restraining Unl...
2023.07.11 Motion for Attorney Fees 929
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.11
Excerpt: ...ney's fees prior to the appeal in the amount of $129,820.00, and for an award of attorney's fees in connection with the appeal in the amount of $18,565.00. Prevailing Party CCP § 1717(a) provides, “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determ...
2023.07.11 Motion to Compel Arbitration and Stay of Proceedings 629
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.11
Excerpt: ...ceedings pursuant to CCP § 1281 et seq. Complaint On April 12, 2019, Plaintiff MARIA RAMIREZ DE DELGADO leased a new 2019 Nissan Altima, VIN: 1N4BL4BV8KN324292. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had a Continuously Variable Transmission (“CVT”) defect, and attempts to repair the vehicle failed to cure the defects. (Id., ¶¶ 11, 77.) Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverl...
2023.07.11 Motion to Compel Arbitration and Stay of Proceedings 954
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.11
Excerpt: ...OS purchased a 2019 Nissan Pathfinder, having VIN No. 5N1DR2MN9KC592097. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had “serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, transmission, engine, electrical, structural, suspension, steering, and emissions system defects.” (Id., ¶ 10.) Based thereon, the Complaint asserts causes of action ...
2023.07.11 Motion to Compel Arbitration and Stay of Proceedings 975
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.11
Excerpt: ...IS purchased a 2019 Nissan Altima, having VIN No. 1N4BL4BV6KC175893. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had “defects causing the Subject Vehicle to stall out when sitting a stop for less than a minute; defects causing the Forward Emergency Braking (“FEB”) system to falsely engage or otherwise not work as intended; defects causing the Subject Vehicle to detect non-existent obstacles, thereby automatically triggering the br...
2023.07.11 Motion to Stay Pending Outcome of Bankruptcy Action 393
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.07.11
Excerpt: ...District of Delaware, Case No. 20-10343 have been resolved, pursuant to CCP § 128(a)(8). Plaintiff's John Doe and John Doe OQ are brothers who filed two separate actions, which were subsequently consolidated against Defendant The Salvation Army alleging sexual abuse by Paul Fanning, a former officer in The Salvation Army, between 1991 and 1995. At the time Plaintiffs interacted with Fanning, he was also the leader of their Boy Scout troop. In th...
2023.06.29 Motion for Summary Adjudication, Summary Judgment 541
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.29
Excerpt: ...g relevant facts: “Plaintiff started working for Defendant in or around September 2011 as a Barista Manager….. Plaintiff's work performance was consistently above expectation as she was a top performer according to her performance reviews.” (Complaint ¶8.) “At the time of her termination, on September 3, 2020, Plaintiff was around 56 years old, while Defendant hired and retained predominantly employees in their 20s and 30s. [¶] Plaintif...
2023.06.29 Demurrer, Motion to Strike 911
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.29
Excerpt: ...ULED in part and SUSTAINED without leave to amend in part. IV. Defendant MANOLITO FIDEL, M.D.'s Motion to Strike Portions of Plaintiff's Second Amended Complaint is DENIED. Opposing Party to Give Notice. The parties' Requests for Judicial Notice are GRANTED. (Cal. Ev. Code §452.) This dependent abuse/neglect action was filed by Plaintiff JANE DOE (“Plaintiff”) on May 7, 2019. On March 7, 2023, the operative Second Amended Complaint (“SAC�...
2023.06.27 Motion to Strike, for Attorney Fees 615
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.27
Excerpt: ...rike punitive damages, improper matters, and attorney's fees allegations pursuant to CCP §§ 435, 436, and 437. Plaintiffs Cindy Mora, Hans Torres, Christina Pantoja, Gyselle Plascencia, Joe Mora, Jose Medina, Angelina Ybarra, and Justo Lopez, Jr. allege that Defendant Pico Rivera Fashion Park LP failed to provide Plaintiffs a habitable dwelling. The Complaint asserts causes of action for: 1. Failure to Provide Habitable Dwelling 2. Breach of Co...
2023.06.27 Motion to Compel Responses 389
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.27
Excerpt: ...iff filed a complaint against Defendant General Motors, LLC (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's 2021 Chevrolet Silverado. Plaintiff alleges that his 2021 Chevrolet Silverado vehicle suffers from connectivity system, engine, transmission, and display systems defects and Defendant has been unable to repair the vehicle within a reasonable number of attempts. Legal Standard CCP §...
2023.06.27 Motion to Compel Arbitration and Stay Proceedings 133
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.27
Excerpt: ...roceedings pursuant to CCP § 1281 et seq. Background On February 26, 2020, Plaintiff Erik Clarke entered into a Retail Installment Sales Contract (RISC) to finance the purchase of a 2019 Ford F-150 from Defendant Caruso Ford (Dealership). Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On October 27, 2022, Plaintiff filed a Complaint against Defendants Ford Motor Company (“FMC”...
2023.06.22 Motion to Compel Arbitration and Stay Proceedings 628
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.22
Excerpt: ...tempts to repair the vehicle failed to cure the defects. On December 16, 2022, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act. Defendant now seeks to compel arbitration under the Lease 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 agreement to arbitrate between the parties; and (2) said agre...
2023.06.22 Motion for Summary Adjudication 686
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.22
Excerpt: ...by Plaintiff TESUS, INC. (“Tesus”) on October 18, 2021 against Defendant LBA RV-COMPANY XCVIII, LP (“LBA”). The operative First Amended Complaint (“FAC”) was filed on November 23, 2021. Tesus alleges that LBA breached the monthly commercial lease agreement between the parties by: (a) Failing to appropriately distribute operating expenses payments paid by Plaintiff to Defendant pursuant to the commercial lease agreement (the ‘Lease')...
2023.06.22 Demurrer, Motion to Strike 562
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.22
Excerpt: ...INC.; and COMPLETELY FRESH FOODS, INC.'s Motion to Strike Portions of Plaintiffs PABLO ALABARRAN and VANESSA ALABARRAN's Complaint is MOOT. Moving Party to give notice. This personal injury action was filed on January 6, 2021. On November 16, 2022, the Subject Complaint was filed by Plaintiffs PABLO ALABARRAN and VANESSA ALABARRAN (collectively “Plaintiffs”). Plaintiffs allege the following relevant facts: Plaintiff Pablo Albarran was an empl...
2023.06.21 Motion for Abatement 241
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.21
Excerpt: ... but have not, been joined are entitled to move to abate the action.” (Adams v. Superior Court (2011) 196 Cal.App.4th 71, 77.) “The heirs need not be joined— and, indeed, cannot be joined—in a wrongful death action brought by the personal representative of decedent's estate because, in that case, the personal representative is suing on behalf of all the heirs [citations].” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial...
2023.06.21 Motion for Sanctions 925
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.21
Excerpt: ...ion against Defendants Miguel Pantoja (Pantoja) and Healing Therapy Spa, Inc. (Healing Therapy) (collectively Defendants), asserting causes of action for (1) gender violence, (2) sexual battery, (3) assault, (4) battery, (5) intentional infliction of emotional distress, and (6) negligence. The Complaint alleges the following: on or about February 23, 2018, Plaintiff went to get a massage at Healing Therapy. Defendant Pantoja (her masseur) raped h...
2023.06.21 Motion to Strike Complaint 161
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.21
Excerpt: ... furtherance of the defendant's right of free speech or petition, unless the plaintiff establishes that there is a probability that the plaintiff will prevail on the claim. The defendant bears the initial burden of showing that the plaintiff's claim is based on an act of defendant in furtherance of his right to free speech and, thus, falls within the class of suits subject to a motion to strike under CCP section 425.16.¿(Fox Searchlight Pictures...
2023.06.20 Motion to Compel Responses 489
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.20
Excerpt: ... (also spelled “Mackara Tran”) filed suit against Metro Home Design and Construction, d.b.a. M H Design and Construction (“Defendant MH”) and Mansour Moravej (“Defendant Moravej”, collectively, “Defendants”) alleging five (5) causes of action stemming from a home improvement contract: 1. Breach of Contract 2. Violation of Business and Professional Code § 7159 and Enforcement of Business and Professional Code § 7160 3. Disgorgeme...
2023.06.20 Motion to Compel Arbitration 610
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.20
Excerpt: ...023, Defendant moved to compel arbitration. Plaintiffs allege that on September 18, 2022, Plaintiffs purchased a 2020 Hyundai Kona, bearing the Vehicle Identification Number of KM8K33A58LU415037 (the “Subject Vehicle”). (Complaint ¶ 9.) Express warranties accompanied the sale of the Subject Vehicle to Plaintiffs by which Hyundai Motor America undertook to preserve or maintain the utility or performance of Plaintiffs' vehicle or to pay if the...
2023.06.20 Motion for Attorney Fees 055
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.20
Excerpt: ...or recovery of attorney's fees and costs for the prevailing party in any action on a contract, where the contract specifically provides for attorney's fees and costs. Similarly, Civil Code § 5975(c) provides that in an action to enforce governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs. On January 24, 2022, Plaintiff Benton Bay Homeowners Association filed this action against Gretchen A. Mos and Tyle...
2023.06.20 Demurrer 412
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.20
Excerpt: ...nant of good faith and fair dealing, (4) breach of implied warranty of plans and specifications, (5) lost bonding capacity, and (6) wrongful termination. On November 1, 2022, this Court sustained Defendant's demurrer to the third and sixth causes of action. On November 15, 2022, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1) breach of contract, (2) violation of California Civil Code for Prompt Payment Act, (3) breach of...
2023.06.20 Demurrer 398
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.20
Excerpt: ... filed the operative Second Amended Complaint (“SAC”). The SAC alleges, in pertinent part that, “[u]p through the middle of 1995, Edward and Delfina Garcia and Michael Sanchez were the owners of the residential real property commonly known as 5021 Harbor Street, Commerce, California (the ‘5021 Property'). In the middle of 1995, Defendant Richard Sanchez went to the Garcias and Plaintiff to borrow a loan against the 5021 Property to take c...
2023.06.15 Motion to Strike Complaint 161
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.15
Excerpt: ... furtherance of the defendant's right of free speech or petition, unless the plaintiff establishes that there is a probability that the plaintiff will prevail on the claim. The defendant bears the initial burden of showing that the plaintiff's claim is based on an act of defendant in furtherance of his right to free speech and, thus, falls within the class of suits subject to a motion to strike under CCP section 425.16.¿(Fox Searchlight Pictures...
2023.06.15 Motion to Compel Further Responses 946
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.15
Excerpt: ...ies to give notice. Plaintiff's Complaint alleges that on April 30, 2020, Plaintiff was admitted to College Medical Center following a WIC §5150 hold. Plaintiff was unconscious. When Plaintiff woke up the next day, April 24, 2020, he was disoriented and repeatedly asked two orderlies where he was. Plaintiff alleges the two orderlies shoved Plaintiff, and repeatedly punched Plaintiff's face and body. Plaintiff has a history of manic depression. (...
2023.06.15 Motion to Compel Arbitration and Stay Proceedings 931
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.15
Excerpt: ...t (RISC) to finance their purchase of a 2019 Nissan Kicks vehicle from Downey Nissan (Dealership). Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On October 4, 2022, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act and fraud. Defendant now seeks to compel arbitration under the RISC and its accompanying arbitration agreement. Arbitration Agreemen...
2023.06.14 Motion to Compel Arbitration and Stay Proceedings 114
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.14
Excerpt: ...ucios (Plaintiffs) entered into a Retail Installment Sales Contract (RISC) to finance their purchase of a 2020 Nissan Sentra from Defendant Nissan of Alhambra (Dealership). Plaintiffs contend that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On January 12, 2023, Plaintiffs filed a Complaint against Defendant alleging violation of Song-Beverly Act and fraud against and negligent repair against the Dealer...
2023.06.14 Motion for Reconsideration 655
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.14
Excerpt: ... at law sits in the twilight zone of abatement with the trial court retaining merely a vestigial jurisdiction over matters submitted to arbitration. This vestigial jurisdiction over the action at law consists solely of making the determination, upon conclusion of the arbitration proceedings, of whether there was an award on the merits . . . .” ( Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.App.4th 1790, 1796.) The court also retains a sep...
2023.06.14 Motion for Reconsideration 632
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.14
Excerpt: ...ts in the twilight zone of abatement with the trial court retaining merely a vestigial jurisdiction over matters submitted to arbitration. This vestigial jurisdiction over the action at law consists solely of making the determination, upon conclusion of the arbitration proceedings, of whether there was an award on the merits . . . .” ( Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.App.4th 1790, 1796.) The court also retains a separate, lim...
2023.06.14 Motion for Reconsideration 512
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2023.06.14
Excerpt: ...e action at law, the action at law sits in the twilight zone of abatement with the trial court retaining merely a vestigial jurisdiction over matters submitted to arbitration. This vestigial jurisdiction over the action at law consists solely of making the determination, upon conclusion of the arbitration proceedings, of whether there was an award on the merits . . . .” ( Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.App.4th 1790, 1796.) T...

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