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2024.04.04 Motion for Judgment on the Pleadings 143
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.04
Excerpt: ... The RISC was subsequently assigned to Automotive Credit Corporation (“ACC”). Right after purchasing the subject vehicle, Plaintiffs realized that the subject vehicle's transmission was defective. Plaintiffs took the subject vehicle in for repairs and learned they would cost $5,000.00. Sus Amigos refused to repair the subject vehicle. On February 14, 2022, Plaintiffs filed a complaint, asserting causes of action against Sus Amigos, ACC, Ameri...
2024.04.04 Demurrer, Motion to Strike 015
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.04
Excerpt: ...ike Portions of the Complaint is DENIED as MOOT. Background Plaintiff Ruben Olague (“Plaintiff”) alleges as follows: Plaintiff is a dependent adult. Plaintiff was a resident at Inland Valley Care and Rehabilitation Center in Pomona, from in or about May 2023 through July 2023. Plaintiff developed severe pressure sores as a result of deficiencies in care. On January 2, 2024, Plaintiff filed a complaint, asserting causes of action against Inlan...
2024.04.04 Demurrer 472
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.04
Excerpt: ...r 8, 2023, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1- 10 for: 1. Negligent Child Abuse A Case Management Conference is set for April 4, 2024. Legal Standard A demurrer may be made on the grounds that the pleading, inter alia, does not state facts sufficient to constitute a cause of action and/or is uncertain. (Code Civ. Proc., § 430.10, subds. (e) and (f).) A demurrer may also be made on the basis that...
2024.04.04 Application for Right to Attach Order, for Issuance of Writ of Attachment 247
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.04
Excerpt: ...y failing to make payment due. On October 20, 2023, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1 - 20 for: 1. Breach of Agreement 2. Breach of Agreement 3. Breach of Agreement 4. Breach of Agreement 5. Reasonable Value 6. Account Stated 7. Open Book Account 8. Unjust Enrichment A Case Management Conference is set for April 4, 2024. Discussion Plaintiff applies for a right to attach order and writ of attachm...
2024.03.29 Motion for Cost of Proof Sanctions 626
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.29
Excerpt: ...-proof” sanctions/attorney's fees based on D having denied or objected to several Requests for Admission (“RFA's”) regarding causation and damages. ANALYSIS A. Plaintiff's Motion for Attorney's Fees/Cost of Proof Sanctions P seeks “cost of proof” sanctions/attorney's fees and costs per CCP § 2033.420 based on D's failure to admit certain RFA's regarding D's admitted negligence causing P physical harm. D asserts that the motion should b...
2024.03.28 Motion to Compel Deposition, for Sanctions 368
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.28
Excerpt: ...d battered on July 26, 2022 by another minor while at daycare. On February 7, 2023, John Roe filed a complaint, asserting a cause of action against Kindercare Learning Centers LLC, Margue Zarate (together, “Defendants”) and Does 1-100 for: 1. Negligence On March 15, 2024, the court related Case Nos. 23PSCV00368 and 24PSCV00641; Case No. 23PSCV00368 was designated as the lead case. The Final Status Conference is set for March 28, 2024. Trial i...
2024.03.27 Motion to Stay Discovery 797
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.27
Excerpt: ...lege as follows: Plaintiffs are the parents of Evelin Guadalupe Salas Melgoza (“Evelin”), who died in an April 27, 2022 motor vehicle collision on the I -10 eastbound freeway. On June 15, 2023, Plaintiffs filed a complaint, asserting causes of action against Defendants Noe Leonel Manzanarez (“Manzanarez”), Luz Hernandez (“Hernandez”) and Dos 1 -50 for: 1. Negligence 2. Negligent Entrustment 3. Negligence A Case Management Conference i...
2024.03.26 Motion to Compel Further Responses 942
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.26
Excerpt: ...as follows: On June 28, 2020, Plaintiff purchased a 2020 Honda CR -V, VIN No. 2HKRW1H55LH410957 (“subject vehicle”). Plaintiff alleges that the subject vehicle suffers from various defects and that the subject vehicle has not been repaired after a reasonable number of attempts. On September 25, 2023, Plaintiff filed a complaint, asserting causes of action against American Honda Motor Co., Inc. and Does 1 -10 for: 1. Violation of Song -Beverly...
2024.03.20 Application for Default Judgment 900
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.20
Excerpt: ...ed -use construction project called “Lumia Azusa II” in Azusa, California (the “Lumia Project”). On or about August 31, 2022, Sahara informed Heavy Metal that its rebar supplier could not supply further rebar in a timely manner. Heavy Metal offered to take over supplying the rebar needed for the Lumia Project at a price of 76 cents per pound including delivery, plus sales tax. Sahara agreed, so Heavy Metal ordered rebar from InteRebar Fab...
2024.03.14 Motion to Enforce Settlement 897
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.14
Excerpt: ...fornia (“Premises”) to Lessee for the term from June 1, 2019 through July 31, 2024. In connection with the Lease, Plaintiff and Ginny Lin (“Guarantor”) entered into a Guaranty of Lease. Lessee failed to pay rent and other charges and abandoned the Premises. Guarantor has defaulted under the terms of the Guaranty of Lease. On November 3, 2021, Plaintiff filed a complaint, asserting causes of action against Lessee, Guarantor (together, “D...
2024.03.14 Motion for Leave to Intervene 002
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.14
Excerpt: ...ance Company filed a “Notice of Right to Lien.” A Case Management Conference is set for March 14, 2024. Legal Standard “A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention r ests.” (Code Civ. Proc., § 387, subd. (c).) “The court shall, u...
2024.03.14 Motion for Judgment on the Pleadings 430
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.14
Excerpt: ...ospitality, Inc. (“ Gordes”), through Ganyu Huang aka Gary Huang ( “Huang”), and Shamloo, with Abhari serving as a silent partner, entered into an “ Asset Purchase Agreement ” and a “ Security Agreement ” with Gordes for the transfer of ownership of Hamilton 's Steakhouse ( “Hamilton ”) from Gordes, as seller, to Plaintiffs, as buyers. On June 18, 2020, LVGEM Hotel Corporation ( “ LVGEM”), through Huang, and Shamloo, with ...
2024.03.12 Demurrer 598
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.12
Excerpt: ... in Section A, Row 13, Grave 1 at 2161 Fullerton Rd., Rowland Heights, CA 91748 (“subject premises”). On November 15, 2020, Plaintiffs visited William's burial site and noticed that his headstone was no longer there and was replaced with a headstone belonging to someone else. Plaintiffs learned that William's burial site was disinterred and his remains were relocated to an adjacent burial site without Plaintiffs' knowledge and/or consent. On ...
2024.03.11 Motion to Compel Further Responses, for Sanctions 609
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.11
Excerpt: ...e within 30 days of the date of the hearing. 2. Plaintiff, B.R. Building Resources Company's Motion to Compel Further Responses to Request for Production, Set 1, Propounded on Defendant Lawrence Feigen is GRANTED. Feigen is to provide further, Code -compliant responses to Requests Nos. 1 -11, 1 3, 16- 31 and 33 -41, as well as a supplemental privilege log, within 20 days from the date of the notice of ruling. Sanctions are awarded in the reduced ...
2024.03.08 Demurrer 868
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.08
Excerpt: ... alleges as follows: Plaintiff and Guan Zhong Liu (“Defendant”) were in a romantic relationship. In 2018, Plaintiff. and Defendant decided to purchase the property commonly known as 534 N Chardonnay Dr., Covina CA 91723 (“subject property”); in doing so, they agreed that Plaintiff would provide $150,000.00 towards the purchase and that they would jointly and equally own the subject property until they either sold same or one of them no lo...
2024.03.07 Motion to Set Aside and Vacate Orders 025
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.07
Excerpt: ...�Hologram Entertainment”), FilmOn Media Holdings, Inc. (“FilmOn”), FilmOn.TV, Inc. (“FilmOn TV”), FilmOn.TV Networks, Inc. (“FilmOn Networks”), Alki David Productions, Inc. (“Alki David Productions”) and Anakando Media Group USA (“Anakando”). In January 2015, Plaintiffs were hired by Defendants as account executives on the com pany's sales team. Throughout the duration of their employment, Plaintiffs worked in a hostile, mis...
2024.03.07 Motion to Consolidate Related Cases 818
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.07
Excerpt: ...ct a ccident”). On January 24, 2022, Plaintiffs filed a complaint, asserting causes of action against Angel Jesus Aragon (“Aragon”), Bob's Towing Services and Recovery Inc. (“BTS”), Christina Marie Jeffery (“C. Jeffery”), Ean Holdings, LLC (“Ean Holdings”) and Does 1 -20 for: 1. Motor Vehicle 2. Motor Vehicle 3. Motor Vehicle On August 10, 2022, Plaintiffs dismissed Ean Holdings, without prejudice. On December 19, 2022, the cour...
2024.03.07 Motion to Compel Further Responses 711
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.07
Excerpt: ...20, 2019 Plaintiff entered into a warranty contract with General Motors LLC (“Defendant”) regarding a 2019 GMC Sierra 1500, VIN No. 1GTU8DED8KZ137781 (“subject vehicle”). Plaintiff alleges that the subject vehicle suffers from various defects and that the subject vehicle has not been repaired after a reasonable number of attempts. On March 10, 2023, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1- 10 ...
2024.03.06 Application for Issuance of Writ of Attachment 159
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.06
Excerpt: ...endered, which Defendant has failed to pay. On July 18, 2023, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1 -10 for: 1. Common Counts 2. Common Counts 3. Common Counts A Case Management Conference is set for March 6, 2024. Discussion Plaintiff applies for a right to attach order and writ of attachment against Defendant. The amount to be secured by the attachment is $264,502.97, which includes estimated costs...
2024.03.05 Motion to Set Aside, for Reconsideration 178
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.05
Excerpt: ...tiff thereafter went to LACFD Station #32 in Azusa to file a complaint against Cooper, but John Doe Fire Captain ended up making a false police report in which he blamed Plaintiff for the disturbance. On March 11, 2020, Plaintiff filed a Second Amended Complaint (“SAC”), asserting causes of action against Cooper, County of Los Angeles (“County”), LACFD, John Doe Fire Captain and Does 1 -50 for: 1. Intentional Interference with Prospective...
2024.03.04 Motion to Compel Arbitration and Stay Action 616
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.04
Excerpt: ...e, West Covina, CA 91792. Qi subsequently sought to renegotiate the purchase price, which Plaintiffs rejected. Following this rejection, Qi refused to deposit monies into escrow and move forward with the sale. On May 30, 2023, Plaintiffs filed a complaint, asserting causes of action against Qi and Does 1- 10 for: 1. Breach of Contract 2. Breach of Implied Covenant of Good Faith and Fair Dealing 3. Common Count 4. Intentional Interference with Con...
2024.03.04 Motion for Leave to Intervene in Action 728
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.04
Excerpt: ...da, Inc. (“Thatcher”) was in the business of the dale and delivery of chlorine. On or around September 2, 2020, Thatcher delivered a shipment of liquid chlorine to Custom Alloy. Thatcher loaded the chlorine from its truck into a liquid chlorine tank used in Custom Alloy's operations. On or around September 6, 2020, Custom Alloy discovered a leak of chlorine from the storage tank, which eventually caused a chlorine gas “cloud.” Custom Allo...
2024.03.04 Demurrer, Motion to Strike 172
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.04
Excerpt: ...on, and will require an offer of proof if so. 2. Plaintiff/Cross -Defendant Manking ELS LLC and Cross -Defendants Chung Chin Tsai aka Johnny Tsai and Kenny Tsai's Motion to Strike Portions of Cross -Complaint is DENIED as MOOT. Background [1] Plaintiff Manking ELS, LLC (“Manking”) alleges as follows: On May 19, 2017, Manking entered into a Commercial Lease Agreement (“CLA”) with Enhancer Elsinore, LLC (Enhancer”), Esther Lin (“Lin”)...
2024.03.01 Petition to Vacate Arbitration Award, Petition to Confirm Arbitration Award 010
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.01
Excerpt: ...Graduate University fka Claremont College and Claremont University Center (“CGU”) conveyed approximately 16.4 acres of land contiguous to The Claremont Colleges (“Parcels 1 and 2”) to CST in exchange for $107,500.00 via a grant deed (the “1957 Deed”). The 1957 Deed contained two restrictions: (1) a First Option Clause (“FOC”) and (2) an educational use restriction, both of which were enforced by a power of termination. On June 5, ...
2024.03.01 Motion for Summary Judgment, Adjudication, to Modify Preliminary Injunction 419
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.01
Excerpt: ... Defendant Claremont Graduate University fka Claremont College and Claremont University Center (“CGU”) conveyed approximately 16.4 acres of land contiguous to The Claremont Colleges (“Parcels 1 and 2”) to CST in exchange for $107,500.00 via a grant deed (the “1957 Deed”). The 1957 Deed contained two restrictions: (1) a First Option Clause (“FOC”) and (2) an educational use restriction, both of which were enforced by a power of ter...

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