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2024.05.30 Demurrer 238
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.30
Excerpt: ...eges that Defendant “failed to maintain adequate fencing on the property” such that it created a dangerous condition. [3] On February 26, 2024, Plaintiff filed POS, indicating that Defendant was served via personal service on 2/26/24. On May 3, 2024, Defendant filed the instant demurrer. On May 20, 2024, Defendant filed a ‘REPLY AND NOTICE OF NONOPPOSITION TO DEMURRER TO PLAINTIFF'S COMPLAINT' indicating that the opposition due on 5/16/24 h...
2024.05.29 Motion to Set Aside Default, Permit Filing of Responsive Pleading 586
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.29
Excerpt: ...for an accident that happened on 10/23/2022. On March 8, 2024, Plaintiff filed a POS indicating that Defendant was served via personal service on March 2, 2024. On April 11, 2024, default was entered against Defendant. On April 12, 2024 (at 3:24 PM), Defendant filed her answer to the complaint. On April 23, 2024, Defendant filed the instant motion. On May 15, 2024, Plaintiff filed his opposition. On May 21, 2024, Defendant filed her reply. Legal ...
2024.05.28 Motion for Preliminary Injunction 904
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.28
Excerpt: ...entire loan, on February 1, 2024, Defendant served Plaintiff with a Declaration of Mortgage Servicer Pursuant to Civil Code § 2923.5(b) and a Notice of Default and Election to Sell Under Deed of Trust. On Mach 21, 2024, Plaintiff filed suit against Defendant asserting the following causes of action (COAs): 1. Declaratory Relief 2. Rescission 3. Fraud 4. Unjust Enrichment On April 26, 2024, Plaintiff filed the instant motion to prevent the June 6...
2024.05.22 Demurrer, Motion to Strike Punitive Damages 887
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.22
Excerpt: ...n defects, engine defects, infotainment defects, suspension defects; among other defects and non -conformities.” (FAC p. 2.) More specifically, the defect at issue is with the vehicle's 8- speed transmission that is susceptible to sudden and premature failure. (FAC p. 11.) On September 19, 2023, Plaintiff filed suit. On November 27, 2023, Defendant filed a demurrer. On February 28, 2024, Plaintiff filed a first amended complaint (FAC), renderin...
2024.05.21 Motion to Remove Invalid Mechanics Lien 993
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.21
Excerpt: ...Plaintiff entered into a written subcontract with P&K, a general contractor, to perform certain construction work. The value of the labor, materials, equipment, and services supplied by Plaintiff is at least $82,636.60, but, despite demands, P&K has refused to pay Plaintiff per the contract and change order. On March 28, 2024, Plaintiff filed suit asserting the following causes of action (COAs): (1) BREACH OF WRITTEN CONTRACT; (2) FORECLOSURE OF ...
2024.05.20 Demurrer 738
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.20
Excerpt: ...as being pursued by Police Officer Sean Mackey #401 of the Montclair Police Department when Defendant Almeda collided with Plaintiff's vehicle and caused a chain- reaction of collisions with other motor vehicles. On March 13, 2023, Plaintiffs filed suit for: 1. NEGLIGENCE 2. VICARIOUS LIABILITY OF A PUBLIC ENTITY On October 6, 2023, the City of Montclair filed its answer. On January 22, 2024, the City of Montclair filed a cross -complaint against...
2024.05.17 Demurrer, Motion to Strike 771
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.17
Excerpt: ...135 are stricken). Background [1] This case arises from the death of NOAH CUATRO (“Noah”). Plaintiffs EVANGELINA HERNANDEZ (“Eva”), individually and as Successor in Interest to the Estate of NOAH CUATRO; A.C. (“AC”), a minor, by and through her Guardian ad Litem, Evangelina Hernandez; E.C. (“EC”), a minor, by and through his Guardian ad Litem, Evangelina Hernandez; R.C. (“RC”), a minor, by and through his Guardian ad Litem, Ev...
2024.05.16 Demurrer 431
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.16
Excerpt: ...VERY SERVICE, LLC dba TEMCO LOGISTICS: Plaintiff began his employment with Defendant in November 2021 as a technician. On his first day (12/7 /21), Plaintiff got in a car accident; Plaintiff was the passenger, and another company employee was the driver. Plaintiff was taken back to the warehouse and treated by “Industrial Athletes.” After weeks of pain, Defendant was put Plaintiff on light duty (e.g., sweeping), but Plaintiff could not endure...
2024.05.15 Motion to Compel Compliance, for Monetary Sanctions 402
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.15
Excerpt: ...ADO: Plaintiff is the owner of two vehicles, a Tesla and Prius. Plaintiff's husband, Antonio Wong (Wong), “gave Delgado an envelope full of titles which were in tended to be the titles of the business vehicles” (Complaint P11) wherein Wong pledged various vehicles as collateral for but Wong inadvertently gave vehicle titles to Plaintiff's two vehicles. Plaintiff asserts that based thereon, Delgado has unlawful possession of the two vehicles. ...
2024.05.15 Motion for Reconsideration 979
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.15
Excerpt: ...inst Defendant Ven- Ghee Koh, an individual DBA Win Way Academy alleging damages of $37,862.48, with interesting continuing to accure on the past due rent. On May 18, 2023, default was entered against Defendant. On July 18, 2023, default judgment was entered against Defendant in the amount of $48,039.08. On January 5, 2024, Defendant filed a motion to set aside default and default judgment, which the court on January 30, 2024, the court denied wi...
2024.05.14 Demurrer to FACC 580
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.14
Excerpt: ...KNOWN, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in this Complaint Adverse to Plaintiff's title, or any Cloud upon Plaintiff's Title Thereto; and DOES 1 through 20, inclusive for: 1. Breach of Fiduciary 2. Conversion 3. Fraud 4. Quiet Title 5. Common County —Money Lent On July 12, 2022, Plaintiff filed a Notice of Lis Pendens. On August 24, 2022, Defendant filed a Demurrer, which on Octobe...
2024.05.13 Motion to Strike 329
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.13
Excerpt: ...f an insurance claim. On March 18, 2024, Defenant filed the instant motion to strike (MTS) to strike Plaintiff's complaint. On April 26, 2024, Plaintiff filed her opposition. On May 6, 2024, Defendant filed its reply. Discussion The court is inclined to continue the MTS to June 25, 2024 (the date of the CMC). The MTS is largely predicated upon the doctrine of res judicata because a final judgment (dismissal without prejudice) was entered in the c...
2024.05.09 Motion to Set Aside Dismissal 996
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.09
Excerpt: ...rred fees and fines from Defendants' alleged illegal and unlicensed activity on the property). [1] On August 29, 2023, default was entered against Edward. On November 30, 2023, default was entered against Reyna. On February 27, 2024, Edward filed the instant motion. [2] On March 11, 2024, Blaney filed his answer. On April 25, 2024, Plaintiff filed its opposition. Legal Standard Edward brings forth the motion pursuant to CCP Section 473(b). Under ...
2024.05.08 Motion to Stay Proceedings and Appoint Appraisers 381
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.08
Excerpt: ...pyre Cosmetics, LLC (the “Company”); Rachel Boese aka Rachel Clinesmith (“Defendant” or “Boese”); and Lisa Malcolm (“Malcolm”): [2] Plaintiff, the COO, and Defendant, founder, have a 37.5% interest in the Company and Malcolm (now resigned) has a 25% interest in the Company. Since joining in 2022, Plaintiff, amongst other actions and responsibilities, made personal loans to the Company, created products, and allowed Defendants to u...
2024.05.07 Demurrer 545
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.07
Excerpt: ...s ankle monitor caused him pain. When Plaintiff went to have the ankle monitor removed, Defendants cut and/or punctured Plaintiff's leg. (See Complaint p. 6.) On August 22, 2023, Plaintiff filed suit for: 1. General Negligence 2. Negligent Hiring, Supervision, Training, and Retention On January 12, 2024, the City filed a demurrer. On January 29, 2024, the court held a proceeding re: Failure to File Proof of Service; Case Management Conference (on...
2024.05.07 Application for Default Judgment 846
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.07
Excerpt: ... the “Driver”) and Vangaurd Construction (the “Corporation”). On January 2, 2024, proof of service (POS) was filed as to Cuevas, indicating that he was served via personal service on 12/29/23. On January 11, 2024, the POS was filed as to the Corporation indicating that it was served via substituted service on 1/4/24 by serving the “personal authorized to accept” on behalf of the agent for service, Billie Sposeto. On January 30, 2024, ...
2024.05.07 Application for Default Judgment 309
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.07
Excerpt: ...IVIL CODE § 51 et seq (“UCRA”). On November 22, 2023, Plaintiff filed her first amended complaint (FAC). On February 8, 2024, default was entered against Defendant. On March 26, 2024, Plaintiff filed the instant application. Discussion The application is denied with prejudice for two reasons. 1. First Defect First, the FAC fails to adhere to California Code of Civil Procedure (CCP) section 425.10 subdivision (a), subsection (1), which provid...
2024.05.06 Motion to Compel Further Responses to Deposition Subpoena for Business Records 246
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.06
Excerpt: ...uary 27, 2023, Plaintiff filed suit against Defendants COSTCO WHOLESALE CORPORATION (“Costco” or “Defendant Costco”), XAVIER SOLIS (“Defendant Solis”), JOHN FONTAINE (“Defendant Fontaine”), and JOSHUA SNOOK (“Defendant Snook”). On June 26, 2023, Costco filed a demurrer (to the Unruh Civil Rights Act COA, Sexual Harassment COA, and Gender Violence COA). On August 14, 2023, Plaintiff filed a FAC asserting the following COAs: 1. ...
2024.05.06 Motion for Summary Judgment, Adjudication 580
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.06
Excerpt: ...ry own evidence concedes that he was demoted, not terminated, such that it fails as a matter of law. Background This is a wrongful termination case. Plaintiff CLARENCE ERVING alleges the following against Defendants SAN GABRIEL VALLEY TRAINING CENTER AND WORKSHOP FOR THE HANDICAPPED (the “Center”), a California corporation; VANESSA BESACK: Plaintiff was employed at the Center from June 1, 2001 to November 11, 2019 where he was a production ma...
2024.05.06 Motion for Judgment on the Pleadings 918
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.06
Excerpt: ...h 26, 2024, Defendant filed the instant MJOP. On April 23, 2024, Plaintiff filed an opposition. On April 26, 2024, Defendant filed its reply. Discussion In 2019, the California Legislature passed Assembly Bill 218 (“AB 218”), which took effect January 1, 2020, and made several significant changes to Code of Civil Procedure section 340.1 (“CCP § 340.1”)— the statute of limitations for claims of childhood sex ual abuse. [1] Among other t...
2024.05.03 Motion to Quash Service of Summons and Complaint 440
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.03
Excerpt: ... a California resident was not killed, as the accident did not happen with the borders of California nor on California roads, and the accident did not happen because of a tire purchased or manufactured in California (see Ford, infra), the motions are granted and the request for jurisdictional discovery is denied. Background This case arises from a June 4, 2020 car accident that happened in Virginia wherein the subject tire separated from the vehi...
2024.05.02 Motion for Relief from Waiver of Objections 055
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.02
Excerpt: ...of Objections. Evidentiary Objections : Overruled . Defendant objects to the following portions of Andrew V. Jablon's Declaration: OBJECTION NO. 1: Paragraph 5, page 10, lines 21 -22: “Upon receiving the RFAs and Form Interrogatories (collectively, the ‘Discovery'), it was forwarded to a legal assistant for calendaring, as is the custom and practice of RPB.” Lack of persona l knowledge (Evid. Code § 702(a)) OBJECTION NO. 2: Paragraph 6, pa...
2024.05.02 Demurrer to FAC 260
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.02
Excerpt: ...nded Complaint is OVERRULED as to the first through fifth causes of action for money had and received, conversion, unjust enrichment, violation of Penal Code §496, and breach of fiduciary dut y and SUSTAINED WITHOUT LEAVE TO AMEND as to the sixth cause of action for professional negligence. Defendant's Request for Judicial Notice of the Civil Cover Sheet and Complaint filed in BSI Group LLC, et al. v. EZ Banc Corp, et al. , Case No. 3:23-CV -012...
2024.05.01 Demurrer, Motion to Strike 000
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.05.01
Excerpt: ...another student while on campus. [2] On December 28, 2023, Plaintiff Y.O., a minor, and by and through her Guardian Ad Litem, Beatriz P. filed suit against Defendants WALNUT VALLEY UNIFIED SCHOOL DISTRICT (“District”); SUSAN ARZOLA (the “Principal”). On January 30, 2024, Plaintiff filed her first amended complaint (FAC) against the same Defendants for: 1. Negligent Supervision Of Students [Gov. C. §§ 815.2, 815.6, And 820]; 2. Negligent...
2024.04.29 Motion for Sanctions 035
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.04.29
Excerpt: ...rnia Design”): Plaintiffs hired Defendant to do re- modeling work in Plaintiffs' home. As part of the remodel, Defendant's employee relocated Plaintiffs' Viking refrigerator to Plaintiffs' garage so that Plaintiffs could continue to use the Viking during the remodel, but in the process, Defendant failed to properly secure the Viking in its place. When Plaintiff Candy went to open the Viking, the entire refrigerator began to fall on ...

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