Excerpt: ...r”). During the warranty period, Plaintiff alleges that he presented the Car for repairs relating to engine defect on at least three occasions. None of the repair attempts worked. Plaintiff further alleges that Defendant General Motors LLC has long been aware of widespread engine defects in the 2020 GMC Sierra. Plaintiff claims Defendant has conducted internal investigations, testing, analyses regarding the engine defect – all in a n effort t...

Excerpt: ...Ventures, LLC RESPONDING PARTY: Plaintiff Dailygobble, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff DailyGobble, Inc., brings this Complaint against Defendants Amit Jain, Alliance Group Ventures, LLC, and Chirag Patil. Plaintiff alleges Defendant Jain is the CEO of Bridg, Inc., and Plaintiff DailyGobble held a sizeable number of shares in Brid g. Defendant Jain approached Plaintiff about a potential sale of its shares, and false...

Excerpt: ... directly proves or disproves the elements of the causes of action pled in Plaintiff's Complaint, pur suant to CCP 2017.020, and/or (2) limiting or restricting the frequency/ extent/number of requests for admissions Plaintiff may utilize, pursuant to CCP 2033.080(a) and CCP 2019.030. Additionally, by this motion, Food 4 Less challenges Plaintiff's declaration of necessity used to justify more than 35 requests for admission under CCP 2033.050, pur...

Excerpt: ...obert Goldston Sr. brings this suit individually and as successor in interest to his mother, Darlene Waters against various medical providers. As relevant here, Plaintiff alleges the UCLA Ronald Reagan Medical Center failed to properly assess and document the progression of a pressure ulcer in Waters' sacral region. (First Amended Complaint (“FAC”), ¶67). Further, according to Plaintiff, his mo ther developed eight additional pressure sores ...

Excerpt: ...Community Clinic, Emma Blandina Trejo, M.D., and Sandra Chu Damiani, M.D. SERVICE: Motion for Reconsideration filed on February 5, 2024; Motion to Strike and/or Tax Costs filed on March 8, 2024 OPPOSITION: Opposition to Motion for Reconsideration filed on May 3, 2024; Opposition to Motion to Strike and/or Tax Costs filed on March 14, 2024 REPLY: None filed as of May 14, 2024 RELIEF REQUESTED Plaintiff moves for an order striking or taxing Defenda...

Excerpt: ...OR ENTRY OF DEFAULT JUDGMENT (filed 3/27/2024) TENTATIVE RULING Defendant's Motion for Reconsideration of Order Denying Motion to Quash Service of Summons, to Compel Binding Arbitration and to Stay Action is DENIED. The Court CONTINUES Plaintiff's request for entry of default judgment to permit Plaintiff the chance to provide further information on its calculation of damages. I. BACKGROUND On January 12, 2023, Plaintiff Employers Choice Online, I...

Excerpt: ...to provide a safe workplace; (4) failure to pro vide a safe workplace; (5) failure to provide a safe workplace; and (6) defamation. On 4/22/2024, Plaintiff moves for reconsideration of this Court's denial of her ex parte application to strike Defendants' MSJ. Discussion Plaintiff seeks reconsideration of the Court's 4/18/2024 denial of her ex parte motion. CCP section 1008 provides that a party may “based upon new or different facts, circumstan...

Excerpt: ...Inc. (“Construction Paper”) (collectively, “Cross- Defendants”). Defendant seek s issue sanctions, evidentiary sanctions, and monetary sanctions consisting of $8,910.00 in attorney's fees. The Court CONTINUES CJ's motion for terminating sanctions to June 18, 2024. If Plaintiff does not comply with all previous discovery orders and sanctions by that time, the Court will issue terminating sanctions. The Court GRANTS CJ's request for monetar...

Excerpt: ...court considered the moving, opposition, and reply papers filed in connection with this motion. REQUEST FOR JUDICIAL NOTICE The court grants defendant AIDS Healthcare Foundation's February 26, 2024 request to take judicial notice of the Third Amended Complaint filed in this action by plaintiffs Annette Turner and Tammy Davis on December 28, 2022. (Evid. Code, § 452, subd. (d).) LEGAL STANDARD The purpose of a motion for summary judgment or summa...

Excerpt: ...n Violation of Government Code 12940, et seq. · 4th Cause of Action: Failure to Provide Reasonable Accommodation in Violation of Government Code 12940, et seq. · 5th Cause of Action: Failure to Engage in a Good Faith Interactive Process in Violation of Government Code 12940, et seq. · 6th Cause of Action: Failure to Prevent Discrimination, Harassment and Retaliation in Violation of Government Code 12940, et seq. · 7th Cause of Action: Declara...

Excerpt: ... second amended complaint (SAC) alleging: (1) trespass; and (2) private nuisance. On 2/29/2024, Defendants moved for summary judgment, or, in the alternative, summary adjudication of Plaintiff's Complaint. Discussion Defendants move the Court for an order granting summary adjudication in favor of Defendants and against Plaintiff as to the following issue: that this Court lacks jurisdiction to enter a judgment as to whether Defendants violated the...

Excerpt: ...aintiffs' 2019 Mercedes Benz E -Class Vehicle. (See Complaint §§14 and 26 -29.) Plaintiffs' Complaint asserts the following causes of action: (1) Violation of Song -Beverly Act – Breach of Express Warranty (against Defendant Mercedes -Benz USA, LLC only); and (2) Negligent Repair (against Fletcher Jones only) Fletcher Jones moves for summary judgment, arguing that “FJMC cannot be held liable for negligence as it did not owe any tort duty to...

Excerpt: ...uses of action. The Motion for Summary Adjudication is granted as to the fifth cause of action. Background This matter arises from the purchase of an allegedly defective 2015 Ford Edge (the “Subject Vehicle”). On March 10, 2021, Plaintiff Sassan Salehipour (“Plaintiff”) filed a Complaint against Defendants Ford Motor Company (“Ford”), Advantage Ford Lincoln (“A dvantage”) (collectively, “Defendants”) alleging causes of action ...

Excerpt: ...t Moreno accosted Ybarra while with his wife and threatened to inflict grievous bodily harm upon Ybarra, by pointing a weapon toward them, while verbally assaulting Ybarra. Motion to Compel Deposition Any party may obtain discovery … by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) CCP section¿2025.450(a) provides:¿“If, after service of a deposition notice, a party to the action...

Excerpt: ...intiffs The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs' complaint (the “Complaint”) alleges causes of action arising from the purchase of an allegedly defective vehicle (the “Vehicle”) manufactured by Defendant. The Complaint alleges the following causes of action: (1) Violation of the Song -Beverly Act – Breach of Express Warranty; (2) Violation of the Song -Beverly Act – Breach of Implied War...

Excerpt: ... civil harassment, assault, battery, trespass, and intentional infliction of emotional distress. Previously, the Court denied without prejudice Defendants motion for terminating sanctions to dismiss Plaintiffs action for failing to serve verified discovery responses in compliance with the Court's November 16, 2023 Order, and instead granted lesser sanctions. (Min. Order, March 26, 2024.) On this renewed motion or terminating sanctions, Defendant ...

Excerpt: ... 6, 2023, the Court ordered Plaintiff to provi de responses without objection to Defendants' request for form interrogatories and request for production within 20 days of the order. On April 12, 2024, Defendants filed the instant motion for terminating sanctions. On May 14, 2024, Plaintiff's counsel filed a declaration admitting fault for the failure to comply with this Court's order of December 6, 2023 and representing to the Court that Plaintif...

Excerpt: ...os Angeles International Airport (“LAX”), City of Los Angeles (“City”), County of Los Angeles (“County”), State of California, and California Department of Transportation, arising from an incident where Plaintiff fell while riding an escalator when it malfunctioned. The Complaint alleges the sole cause of action premises liability – dangerous condition of public property. On November 6, 2023, City filed its answer to the Complaint. ...

Excerpt: ... will prevail. “When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking.” Code Civ. Proc. §1030(a). Plaintiff will not be required to file an undertaking unless “there is a reasonable possibility that the moving defendant will obtain judgment in the action or spe...

Excerpt: ...tment 76 may be sent by email to [email protected] or telephonically at 213 -830- 0776. Per Rule of Court 3.1308, if notice of intention to appear is not given, oral argument will not be permitted. This is a lawsuit filed by Plaintiff general contractor alleging that Defendant subcontractor has breached a settlement agreement by filing an arbitration demand. The court granted Defendant's motion to compel arbitration.. The Court entered judgme...

Excerpt: ...The court considered the moving papers. No opposition papers were filed. RULING The motion to compel answers to form interrogatories is GRANTED. Plaintiff is ordered to serve verified, complete, and code-compliant responses, without objections, to set one of defendant's form interrogatories within 30 days of the date of notice of this order. The motion to compel answers to special interrogatories is GRANTED. Plaintiff is ordered to serve verified...

Excerpt: ...2023 ruling which granted Defendant's motion to compel arbitration. BACKGROUND Plaintiff Zhiwei Chen (“Plaintiff”) alleges that Defendant Verizon Wireless Services, LLC (“Defendant”) used a technical means to take control of his phone and make him unable to use his phone. Plaintiff alleges that Defendant forged Plaintiff's signature with the intention of taking possession of Plaintiff's property. On August 28, 2023, Plaintiff filed a Comp...

Excerpt: ...iffs”) filed this action against de\ fendant Tesla, Inc. (“Defendant”) asserting violations of the Song-Beverly Consumer Warranty Act (“SBA”). On November 29, 2023, Defendant filed this motion to compel Plaintiffs to arbitrate their claims and to stay the action pending the outcome of \ arbitration. The motion is unopposed. II. LEGAL STANDARD When seeking to compel arbitration, the initial burden lies with the moving party to demonstrat...

Excerpt: ...not repair. Defe ndant allegedly failed to comply with its obligations under the Song-Beverly Consumer Warranty Act (“the Act”). II. ARGUMENTS Honda requests an order compelling this matter to binding arbitration pursuant to the Federal Arbitration Act (“FAA”) as required by the Retail Installment Sales Contract (“Sales Contract”), which includes a provision requiring arbitration to resolve disputes co ncerning the purchase or conditi...

Excerpt: ...agreed to purchase Main Street Gas & Food Mart (the Mart). Defendants, Mohammed Ali (“Ali”) and Eagles Mortgage , Inc. (“Eagles”) collectively “Broker Defendants,” served as agents/brokers on behalf of Plaintiff and Ansari in the purchase of the Mart. Plaintiff Monem alleges that Defendants tricked Plaintiff into signing amended escrow instructions in which the buyer of the Mart would be Defendant, RHDM Oil, Inc. (“RHDM”) instead ...