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2023.06.05 Motion for Summary Judgment 919
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.06.05
Excerpt: ... Amended Complaint ("FAC"), assertmg a cause of action agamst Defendants Cao, Xu, Christopher D. Lee and Does 1-3 for: Breach of Contract On December 8, 2022, the court on its own motion pursuant to Code of Civil Procedure S 436, ordered the FAC stricken for failure to obtain leave of court or a stipulation from opposing counsel before filing same.[2] The Final Status Conference is set for January 9, 2024. Trial is set for January 23, 2024. Legal...
2023.06.02 Motion to Strike 154
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.06.02
Excerpt: ...ta procedure performed by Kanwarbir S. Dillon, DVM ("Dillon") at San Dimas Pet Clinic ("San Dimas PC"). Staples from the procedure were left in Kings stomach. On January 18, 2023, Plaintiffs filed a complaint asserting causes of action against San Dimas PC, Dhillon and Does 1-50 for: 4. Professional Negligence Professional Negligence Negligent Training and Supewision Negligent Hiring A Case Management Conference is set for June 2, 2023. Legal Sta...
2023.06.01 Demurrer, Motion to Strike 098
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.06.01
Excerpt: ...2020 when it entered into an assignment for the benefit of creditors ("Assignment). At all times relevant Luis Faura ("Faura") was the President, Chief Executive Officer and a director of C&F, while Manuel G. Fernandez ("Fernandez") was the Chairman, Secretary and a director of C&F. Faura and Fernandez maintained full control over until the Assignment. On December 15, 2015, Faura, in his capacity as trustee ofthe Luis and Maria Faura Revocable Tr...
2023.05.31 Demurrer 092
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.05.31
Excerpt: ...a, California. Plaintiff was also abused while a member ofthe Christbridge Immanuel Church ("Church"), which is located on the same campus as School. On December 28, 2022, Plaintiff filed a complaint, asserting causes of action agamst Defendants John Gottuso, School, Church, Daniel Simonson, Accrediting Commission for Schools, Western Association of Schools and Colleges ("ACS WASC") and Does 1-50 for: 4. 6. 8. Sexual Assault Sexual Battery (Civil...
2023.05.26 Demurrer, Motion to Strike 029
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.05.26
Excerpt: ...DENIED in part (i.e„ as to Paragraph 64 and Paragraph 6 of Plaintiffs prayer) and GRANTED in part (i.e., as to Paragraph 65 and Paragraphs 5 and 7 of Plaintiffs prayer). Background [1] Plamtiff Paramount Propeftles Holding Company, LLC ("Plaintiff') alleges as follows: On December 5, 2005, Plaintiff and Defendant RSCR California, Inc. ("RSCR") entered into a ten year triple-net lease, wherein Plaintiff agreed to lease its 24,350 square foot com...
2023.05.26 Demurrer to FAC 734
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.05.26
Excerpt: ...gned a "Contract for the Purchase and Sale of a Business" ("Contract"), wherein Plaintiff agreed to purchase from IHI a business named Sunshine Laundry ("Subject Business") in exchange for S60,000.00. A condition of the Contract was that a new lease had to be negotiated with the owners of the property where the Subject Business was located. Plaintiff took possession of the Subject Business Ävo months after signing the Contract and paid rent to S...
2023.05.25 Motion for Leave to Amend Complaint 755
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.05.25
Excerpt: ... the subject property begmning June 1, 2021 with Defendants Nicholas Simmons ("Nicholas") and Cathy Simmons ("Cath", as tenants. Perthe Lease, Prager Metis CPAs ("Prager"), including Gentrix Gorges ("Gorges"), was to serve as the properv manager. After the Lease term ended, Nicholas and Cathy began a month-to-month tenancy at the subject property. On August 17, 2022, August 31, 2022, September 1, 2022 and September 10, 2022, Plaintiffs conducted ...
2023.05.25 Demurrer, Motion to Strike 463
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.05.25
Excerpt: ...und [1] Plamtiffs Carla Arroyo Guijosa ("Arroyo") and Carmen Guijosa ("Guijosa") (together, "Plaintiffs") allege that they sustained injuries in a July 17, 2021 automobile collision on Interstate 60. On October 25, 2022, Plaintiffs filed a complaint, asserting causes of action against Defendants XPO Logistics Freight Inc. ("XPO"), Miguel Cruz ("Cruz") and Does 1-30 for: Negligence/Negligence Per Se N egligent Entrustment Negligent Hiring On Febru...
2023.05.24 Motion for Award of Expenses of Proof of Facts, to Tax Costs 438
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.05.24
Excerpt: ... as follows: On December 18, 2014, Elecnor Belco Electric, Inc. ("Belco") filed a cross-complaint agamst Lincoln. Lincoln was granted summary judgment on the cross-complaint and subsequently prevailed on appeal. Ben Root ("Root') and Roger Devito ("Devito") are the attorneys who handled Belco's cross-complaint On July 5, 2018, Lincoln filed a complaint, asserting a cause of action against Belco, Root, Devito and Does 1-10 for. Malicious Prosecuti...
2023.05.23 Motion to Compel Arbitration and Stay Proceedings 092
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.05.23
Excerpt: ... attempts. On September 21, 2022, Plaintiff filed a complaint, asserting causes of action agamst Defendant American Honda Motor Company, Inc. ("Defendant') and Does 1-50 for: 4. Violation of Subdivision (d) of Civil Code Section 1793.2 Violation of Subdivision (b) of Civil Code Section 1793.2\ Violation of Subdivision of Civil Code Section 1793.2 Breach of Express Written Warranty (Civil Code 5 1791.2(a); S 1794) Breach of the Implied Warranty of...
2023.05.23 Motion for Sanctions, to Quash Service of Summons and Complaint 742
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.05.23
Excerpt: ...following abuse accusations. On September 22, 2022, Plaintiff Dehui Zeng ("Plaintiff') filed a 715-page First Amended Complaint ("FAC"), asserting causes of action against Henry Chiu ("Chiu"), Mia Lei ("Lei"), Araceli Monge ("Monge"), Vannarlth Khlev, Ah Chin Pee ("Pee"), Linda Baik, Vict Vianonte, Annabelle G. Cortez, Philip Soto, Stephen Marpet, Marcellous Glasper ("Glasper), Gibran Bouayad ("Bouayad"), Jackie Montano ("Montano"), Lap Man Lee (...
2023.05.23 Demurrer to FAC 044
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.05.23
Excerpt: ...d injury. On March 15, 2023, Plaintiff filed a First Amended Complaint, assertmg causes of action agamst Defendants Emanate Health Inter-Community Hospital, Emanate Health Medical Care Foundation and Does 1-100 for: 1. Negligence—Medical 2 General N egligence Malpractice A Case Management Conference and an Order to Show Cause Re: Failure to File Proof of Service are set for May 23, 2023. Legal Standard A demurrer may be made on the grounds that...
2023.05.22 Motion to Compel Further Responses, for Sanctions 445
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.05.22
Excerpt: ...ons. Sanctions are awarded in the reduced amount of $710.00 and are payable within 30 days from the date of the notice of ruling. Background Plamtiff Gabriel Arthur Sanchez ("Plaintiff') alleges as follows: On or about November 30, 2018, Plaintiff was a patron at the Valley Enteftainment Inc. dba Bliss Showgirls ("Bliss") located at 13217 Valley Blvd., Bassett California ("Premises"). Plaintiff sustained injuries after being assaulted by security...
2023.04.04 Demurer, Special Motion to Strike 742
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.04.04
Excerpt: ...an offer of proof if so. 2. Defendant Henry Chiu's Special Motion to Strike Pursuant to Code of Civil Procedure Section 425.16 is GRANTED. The court awards attornevs fees to Chiu in the reduced amount of SI,OOO.OO, payable within 30 days from the date of the "Notice of Ruling." 3. Defendants Denise Poon and Vannarith P. Khiev•s Demurrer to Plaintiffs First Amended Complaint is SUSTAINED in part (i.e., as to Poon) and OVERRULED as MOOT in part (...
2023.03.16 Motion to Compel Arbitration 709
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.03.16
Excerpt: ...May 10, 2019, Case Nos. KC069709 and BC723619 were deemed related; Case No. KC069709 was deemed the lead case. On July 12, 2019, Case Nos. KC069709 and BC710273 were deemed related; Case No. KC069709 was deemed the lead case. On March 18, 2021, Case Nos. BC723619, KC069709, BC710273, and 20STCV30797 were deemed related; Case No. KC069709 was deemed the lead case. On June 13, 2022, a "Stipulation and Order to Consolidate Actions" was filed, wherei...
2023.01.24 Application for Default Judgment 009
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.01.24
Excerpt: ...efendant. Plaintiffs agreed that in addition to paying rent, they would make repairs to the property in return for living there. Plaintiffs' sons later moved in, but “Defendant knowingly and willfully harassed Plaintiffs by calling the police accusing Plaintiffs' sons of trespassing on the property.” On another occasion, Defendant turned off Plaintiffs' water; for three weeks Plaintiffs were without water and had to access camping showers. On...
2023.01.23 Motion to Quash Service of Summons and Complaint 033
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.01.23
Excerpt: ... For Lack Of Proper Service is Continued to allow for supplemental briefing. Background This case pertains to alleged unlawful marijuana cultivation. Plaintiff City of El Monte (“Plaintiff”) alleges the following against Defendants Chi Ian Ho (“Defendant Ho”) and Zhilin Han (collectively, “Defendants”): During the search of Defendants' residence, police officers observed marijuana cultivation, but Defendants do not possess a municipal...
2023.01.23 Demurrer 085
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.01.23
Excerpt: ...ins to a purported breach of a lease agreement. Plaintiffs KATHLEEN GRAHAM and GINO GAUDARRAMA (“Plaintiff Gino”) (collectively, “Plaintiffs”) allege the following against Defendants JASON ABBOUD, SECOND STREET PROMENADE, LLC, a California entity, THE ABBOUD FAMILY TRUST, LAKESIDE PROPERTY and DOES 1 to 5 (collectively, “Defendants”): In May 2021, the parties entered into a 2-year lease agreement for a work/live unit. The property was...
2023.01.23 Application for Right to Attach Order 421
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.01.23
Excerpt: ...TO ATTACH ORDER AGAINST TERESA TSAI is GRANTED, but subject to modification regarding Defendant Tsai's property [see discussion section]. (2) Plaintiff's APPLICATION FOR RIGHT TO ATTACH ORDER AGAINST GSC HOLDING GROUP, LLC is GRANTED. The court declines to issue an injunction or a TPO. Background This case arises from a commercial lease agreement. Plaintiff Oaks by the Lake, LLC alleges the following against Defendants GSC Holding Group, LLC (“...
2023.01.17 Demurrer, Motion to Strike 793
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.01.17
Excerpt: ... th cause of action for Civil Code section 52.4) and OVERRULED in part (2 nd cause of action for Battery). (2) Defendant JOSE DEJESUS MARQUEZ'S MOTION TO STRIKE PORTIONS OF PLAINTIFF JANE DOE'S COMPLAINT is GRANTED. Background This is a sexual assault case. Plaintiff JANE DOE alleges the following against Defendant JOSE DEJESUS MARQUEZ (and Doe Defendants): In 2020, when Plaintiff was at Defendant's residence, Defendant “approached Plaintiff an...
2023.01.11 Motion to Compel Responses 025
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.01.11
Excerpt: ...ES DAVID'S RESPONSES TO PLAINTIFF'S REQUEST FOR PRODUCTION, SET THREE AND REQUEST FOR SPECIAL INTERROGATORIES, SET FOUR is GRANTED. Defendant David is ordered to provide Code compliant responses without objections to Plaintiff Taylor's Special Interrogatories, Set Four, and Request for Production of Documents, Set Three, within 30 days of notice of this Order. Furthermore, the court orders Plaintiff Taylor to pay an additional filing fee of $60 f...
2023.01.11 Demurrer 563
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.01.11
Excerpt: ...kground This case pertains to property located at 914 Lidford Ave., La Puente, CA 91744 (“Property"): Plaintiff CARLOS MORENO alleges the following against Defendants ROSENDO FLORES GONZALEZ, individually and as Trustee of the Rosendo Flores and Elvia Gonzalez revocable living trust dated June 21, 2018; ELVIA GONZALEZ, individually and as Trustee of the Rosendo Flores and Elvia Gonzalez revocable living trust dated June 21, 2018; and All Person...
2023.01.10 Motion for Summary Judgment 017
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.01.10
Excerpt: ...UMMARY JUDGMENT is GRANTED. Background This is a negligence case. Plaintiff Leticia Valdez (“Plaintiff”) alleges the following against Defendants FS Solutions Inc., Defendant Irwindale Industrial Clinic (“Defendant Irwindale”), and Does 1 through 20 (collectively, “Defendants”): [1] Plaintiff worked for Keolis Transit America, Inc. as a bus driver. Keolis asked Plaintiff to take a random drug test. Kelois was under contract and in-pri...
2023.01.09 Motion for Discharge and Award of Attorney Fees 609
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.01.09
Excerpt: ... FEES AND COSTS is DENIED because the interpleader is improperly pleaded. Background Plaintiff Marty Clayton Lewis (“Plaintiff”) alleges the following against Defendants MARK THOMAS DUBOISE (“Mark”), Individually and as TRUSTEE OF THE THOMAS E. DUBOISE TRUST DATED FEBRUARY 24, 2013; LINDA JEAN DUBOISE (“Linda”) (collectively, “Defendants”): Plaintiff alleges that he was a property manager for two of Defendants' properties (Newlin ...
2023.01.09 Demurrer, Motion to Strike 771
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.01.09
Excerpt: ...ion to Strike is MOOT. Background This case arises from inpatient care at an adult residential facility. Plaintiff PRISCILLA SALCEDO, an individual, by and through her co-conservator SARAH GONZALEZ alleges the following against Defendants Stride Adult Residential Facility L-3 (“Defendant Stride”), Los Angeles County Regional Center, and Does 1 through 200: Plaintiff was admitted as an inpatient to a 24-hour Adult Residential Facility for the ...

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