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2023.11.20 Motion to Compel Responses 862
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.20
Excerpt: ... of ruling. Background Plaintiff Weiqing Xu (“Xu”) alleges as follows: On September 2, 2015, Honghua Shang (erroneously sued as Hongshua Shang) (“Shang”) and EChain, Inc. dba E-Chain Realty (“Echain” and collectively with Shang as “Defendants”) induced Xu to sign two separate Power of Attorney documents. Xu also loaned Defendants $75,000.00 (i.e., $30,000.00 on or around June 1, 2015 and $45,000.00 on or around September 6, 2015)....
2023.11.17 Motion to Set Aside Clerk's Entry of Default 962
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.17
Excerpt: ...ate Route 60 pavement rehabilitation project in Los Angeles County (the “Project”) owned by the Department of Transportation (“CalTrans”). Pursuant to its subcontract with Atkinson (“Subcontract”), Plaintiff was required to hire only International Union of Operating Engineers, Local 12 (“Union”) employees to work on the Project and to enter into a contract with the Union to procure the employees needed to perform Plaintiff's contr...
2023.11.16 Demurrer, Motion to Strike 703
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.16
Excerpt: ...int is DENIED as MOOT in part (i.e., as to Page 9, ¶ 51, Page 18, ¶ 68, Page 13, ¶ 61, Page 16, ¶ 63(2) and Page 34, ¶ 146(d)) and is otherwise GRANTED (i.e., as to Pages 8‐9, ¶44). Background [1] Plaintiff Andrew Paul Dancyger (“Plaintiff”) alleges as follows: Martin Automotive, Inc. dba Glendora Chevrolet (“Defendant”) sold Plaintiff a new 2020 Chevrolet Corvette, VIN # 1G1Y63D41L5114749 (“subject vehicle”). Defendant sold t...
2023.11.15 Motion to Consolidate Related Cases 818
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.15
Excerpt: ...�subject accident”). 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 ...
2023.11.15 Motion for Leave to File TAC 396
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.15
Excerpt: ...Rajinder represented that he was the owner of said commercial property on which he owned and operated a laundromat and check cashing business and that a 7-Eleven franchisee was a tenant of the other unit at the property. Rajinder also conveyed that he was the operator and day- to-day manager of the laundromat and checking cashing business and that said businesses had a strong cashflow. Rajinder showed Vasisht a 2017 financial statement showing th...
2023.11.14 Motion for Leave to Intervene, for Temporary Stay of Proceedings 609
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.14
Excerpt: ...otion for Temporary Stay of Proceedings is DENIED. Background [1] Plaintiff B.R. Building Resources Company (“Plaintiff”) alleges as follows: Plaintiff is a boutique builder. Defendants SA Hospital Acquisition Group, LLC (“SAH Acquisition”), SA Hospital Real Estate Holdings, LLC (“SAH Real Estate”) and SA Hospital Real Estate Holdings-Jefferson, LLC (“SAH Jefferson”) (hereinafter collectively, the “SAH Defendants”) own and/or ...
2023.11.13 Motion to Compel Acknowledgement of Partial Satisfaction of Judgment 690
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.13
Excerpt: ...s Angeles (“County”), Tony Lai (“Lai”) and Does 1-100 for: 1. Liability for Dangerous Condition of Public Property Pursuant to Gov't. Code § 835 2. Negligence On November 17, 2017, Plaintiff filed an “Amendment to Complaint,” wherein City of Baldwin Park (“Baldwin Park”) was named in lieu of Doe 2. On December 14, 2017, Plaintiff dismissed CalTrans, without prejudice. On December 21, 2017, Baldwin Park filed a cross-complaint, as...
2023.11.13 Motion to Amend Judgment to Reflect Pre-Judgment Interest Award 412
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.13
Excerpt: ...t time. It was Joseph's grandparents' stated intention that the subject property would be Joseph's inheritance. Joseph's grandmother transferred the subject property to Martha in trust until Joseph became an adult. On or about February 7, 2011, Martha executed and delivered a grant deed to Joseph; at or about that same time, Joseph and Martha filled out a “Preliminary Change in Ownership Report.” Martha requested that Joseph hold on to the de...
2023.11.13 Motion for Leave to File Complaint 103
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.13
Excerpt: ...nt ("2012 Amendment") of a 2006 lease ("2006 Lease"); Joon Hyo Shin and Seung 0k Shin are the landlords and co-trustees of the Joon Hyo Shin Family Trust dated May 20, 2003, which is the actual owner of the Premises. The 2012 Amendment extended the lease term to June 5, 2022 and provided Plaintiff with a right to exercise an option to further extend the lease term for 5 more years provided Plaintiff was in compliance with its obligations at the t...
2023.11.08 Motion to Strike Punitive Attachment 282
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.08
Excerpt: ...23, Plaintiffs filed a First Amended Complaint, asserting causes of action against Bryan Perez Rodriguez, Neri Rodriguez (together, “Defendants”) and Does 1-25 for: 1. Motor Vehicle 2. General Negligence A Case Management Conference is set for November 8, 2023. Legal Standard Pursuant to Code of Civil Procedure section 436, “the court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems ...
2023.11.08 Motion to Strike FAA, Demurrer 819
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.08
Excerpt: ... Plaintiff as to whether leave to amend is requested, and as to which affirmative defense(s), and will require an offer of proof if so. Background Plaintiff Jose Madriz (“Plaintiff”) alleges as follows: Plaintiff has Arthrogryposis and uses a wheelchair for mobility. On January 27, 2022, Plaintiff went to Casa Alvarez (“Restaurant”) located at 19744 Colima Road, Rowland Heights, California 91748 (“Subject Property”) but encountered nu...
2023.11.07 Demurrer 085
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.07
Excerpt: ...as follows: Plaintiff told Ha Le ("Le") in December 2013 that she wanted to purchase a manufactured home commonly known as 901 S. Sixth Avenue, Space 284, Hacienda Heights, CA 91745 ("Manufactured Home.") Le told Plaintiff that she would be unable to hold title to same because she was in the United States on a student visa. Plaintiff asked Le to assist her with the purchase of the Manufactured Home by holding title on her behalf. Le agreed. Plain...
2023.11.07 Motion for Judgment on the Pleadings 092
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.07
Excerpt: ... Albrecht. On April 14, 2023, Plaintiff filed a complaint, asserting causes of action against the Estate of Jeffrey Lee Albrecht and Does 1-50 for: 1. Battery 2. Intentional Infliction of Emotional Distress A Case Management Conference is set for December 13, 2023. Legal Standard The rules governing demurrers are generally applicable to a motion for judgment on the pleadings. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999; Code C...
2023.11.02 Motion to Tax Costs 047
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.02
Excerpt: ...n against Aneeta Sagar (“Sagar”), Kinder Clinic, Inc. (“Kinder Clinic”) and Does 1-10 for: 1. Motor Vehicle 2. General Negligence 3. Intentional Tort On January 15, 2019, Plaintiffs dismissed Kinder Clinic, with prejudice. On June 14, 2019, Sagar filed a First Amended Cross-Complaint, asserting a cause of action against Coleman and Roes 1-25 for: 1. Damages and Specific Performance On January 29, 2021, an “Order Granting Motion for Summ...
2023.11.02 Demurrer to FAC, Motion to Strike 722
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.02
Excerpt: ...irst Amended Complaint is DENIED as MOOT in part (i.e., as to Paragraphs 42 and 43) and GRANTED in part (i.e., as to Paragraph 3 of the prayer). The court will hear from counsel for Plaintiffs as to whether leave to amend is requested and will require an offer of proof if so. Background [1] Plaintiffs Guillermina Murcio and Jorge Armendariz (together, “Plaintiffs”) sustained injuries in a February 12, 2023 head on motor vehicle collision. Pla...
2023.11.01 Special Motion to Strike 601
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.01
Excerpt: ...laintiffs in probate court, Case No. YP0011705. Aimee suffered a mild heart attack during trial proceedings. Sandra has received documents from Quigg under Case No. 15N00433 which instruct her to go to court and indicate that she owes a balance of $81,364.00. Before the court date Plaintiffs received a letter stating that Quigg was going to foreclose on the family residence and that he was going to proceed with a sheriff's sale on the property. Q...
2023.11.01 Motion to Compel Responses, to Deem RFAs Admitted, for Sanctions 433
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.01
Excerpt: ...ruling. Pursuant to Code of Civil Procedure § 2033.280, subdivision (b), the court orders the truth of all matters specified in Plaintiff's Requests for Admissions, Set No. One, deemed admitted. Sanctions are awarded in the reduced amount of $1,115.00 and are payable within 30 days from the date of the notice of ruling. Plaintiff is ordered to pay an additional $180.00 in filing fees at or before the time of the hearing. Background Plaintiff Xie...
2023.11.01 Motion for Leave to File SAC 469
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.01
Excerpt: ...anced the subject property. In 2003, Delores died and an Affidavit of Joint Death was recorded. In 2004, Plaintiff and Manuel refinanced the subject property. In 2007, Plaintiff, Manuel and Maria granted the subject property to Plaintiff as his sole and separate property. In 2008, Plaintiff granted the subject property to himself and Manuel, as tenants in common. In 2008, Manuel stated that upon his death he intended to give his interest in the s...
2023.10.31 Motion to Fix Amount of Attorney Fees Awardable as Item of Costs 403
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.31
Excerpt: ...ted at 19103 Singingwood, Rowland Heights, Los Angeles, CA (“subject property”). Defendants have failed to pay for the work. On February 8, 2022, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants and Does 1-100 for: 1. Breach of Contract 2. Foreclosure of Mechanics' Lien 3. Quantum Meruit 4. Fraud and Deceit On June 16, 2023, judgment was entered. Legal Standard “Except as otherwise expressly provided ...
2023.10.31 Demurrer, Motion to Strike 071
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.31
Excerpt: ...s Motion to Strike Punitive Damages from Cross‐Complaint is DENIED as MOOT. 3. Plaintiff/Cross‐Defendant Annex Walnut Automotive Colors & Supply, Inc.'s Demurrer to Cross‐Complaint is OVERRULED. 4. Plaintiff/Cross‐Defendant Annex Walnut Automotive Colors & Supply, Inc.'s Motion to Strike [Portions of] Cross‐Complaint is GRANTED. Background Case No. 23STCP01071 Plaintiff Annex Walnut Automotive Colors & Supply, Inc. (“Annex”) alleges...
2023.10.30 Application for Default Judgment 588
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.30
Excerpt: ...ny executed a series of documents, including a Revenue Based Financing Agreement, an Agreement for Direct Deposits (ACH Credits) and Direct Collections (ACH Debits), an Addendum to the Agreement, and Bank Login Information (collectively, “Purchase Agreement”). Bradley Richard Mantha (‘Mantha”) executed a guaranty of the Purchase Agreement. As part of the Purchase Agreement, Company, through Mantha, represented in writing that (1) its mont...
2023.10.26 Motion for Leave to File Complaint 172
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.26
Excerpt: ...LA, which was to be effective on June 16, 2017, called for a three-year lease term. At Defendants' request, the parties on June 16, 2017 signed an Addendum, extending the lease from July 16, 2017 to such date at which inspections pass to qualify the Property for an occupancy permit. At the same time the parties executed the CLA, Defendants drafted a Hotel Management Agreement (“HMA”), which the parties entered into on June 16, 2017. Defendant...
2023.10.26 Motion for Leave to File Amended Answer 595
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.26
Excerpt: ...est Covina, CA 91792-3214 (“subject property”). The parties agreed rent would be $1,500.00 a month, paid in cash. Wang advised Zhang/Han of certain habitability issues, which Zhang/Han failed to remedy. Zhang told Wang's wife in mid- December 2021 that rent would be increased to $2,000.00/month beginning January 2022. Zhang got into an argument with Wang on Christmas Eve 2021 regarding the rent increase, which resulted in the police being cal...
2023.10.25 Demurrer to FAC 862
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.25
Excerpt: ... Transportation LLC (“Kings”), whereby Kings agreed to pick up three vehicles on December 30, 2021 from Little Falls, NJ (i.e., a Lexus LX SUV with VIN ending in 4010, a Lexus LX SUV with VIN ending in 4373, and a Lexus LX SUV with VIN ending in 5378; collectively, “Vehicles”), and deliver said Vehicles to Plaintiff in City of Industry, CA by January 5, 2022, in exchange for payment of $4,500.00. On January 5, 2022, Kings delivered the Ve...
2023.10.10 Application for Default Judgment 537
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.10
Excerpt: ...�) and Aldo Manuel Perez Martinez (“Perez”), acting as unlicensed agents for Danneco Construction (“Danneco”), came to Hernandez's home located at 569 La Seda Road, La Puente, California 91744 (the “Property”) and represented to Hernandez that they could build an extra dwelling unit on same for $55,000.00, that they could help her obtain a loan for the project, that the loan would not take the form of a lien, that she would not have t...
2023.10.09 Demurrer 653
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.09
Excerpt: ...; Plaintiff was a tenant. On September 23, 2020, Plaintiff's foot became caught in the buckled and loose carpet on the stairs at the Premises, which caused her to trip and fall and sustain injuries. On September 20, 2022, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-25 for: 1. Negligence (Premises Liability) 2. Breach of the Implied Warranty of Habitability On June 7, 2023, this case was reassigned from Dep...
2023.10.05 Demurrer to Answer 928
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.05
Excerpt: ...ound Plaintiff Luis Angel Espinoza (“Plaintiff”) alleges that he sustained injuries in a July 15, 2021 automobile collision. On June 28, 2023, Plaintiff filed a complaint, asserting a cause of action against County of Los Angeles (“County”), Ray Andrew Gurango (“Gurango”) and Does 1-10 for: 1. Negligence On August 24, 2023, County and Gurango filed a cross-complaint, asserting causes of action against Pedro Adrio and Roes 1-50 for: 1....
2023.10.04 Motion for Discharge 027
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.04
Excerpt: ...Appointing a Receiver to remedy Substandard Conditions (Health & Safety Code § 17980.7)” against Respondent. The court denied said petition, without prejudice, on March 11, 2019. On February 10, 2020, the court granted City's “Ex Parte Application for an Order Appointing a Receiver.” On February 13, 2020, Respondent filed a “Notice of Appeal” as to the February 10, 2020 order. On October 26, 2021, the remittitur was filed (affirmed). O...
2023.10.04 OSC Re Preliminary Injunction 071
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.04
Excerpt: ...coatings and paint. Rachel M. Darvish ("Darvish"), Keyvan Rahbar (“Rahbar”) and Maryam Rouillard (“Rouillard”) each own 33% of the outstanding shares and voting power of Annex. Rouillard has been responsible for the day-to-day management and operations of Annex. Annex seeks to wind up and dissolve. Rouillard has never distributed any income to Darvish and Rahbar but has reported to the IRS distributions to both. In December 2022, Rouillar...
2023.10.03 Motion for Attorney Fees 912
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.03
Excerpt: ...about December 11, 2011, Plaintiffs and owners entered into a written agreement wherein Owners agreed to sell the Property to Plaintiffs for $650,000.00. Since Wang and Hu were going through a divorce at the time, the closing of escrow was set for ten days after the court entered an order approving the sale as set forth in the agreement. On/about January 2, 2014, the court entered an order directing the clerk to execute the necessary documents an...
2023.10.03 Demurrer 362
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.03
Excerpt: ... 2018, WETI's outstanding 1,000,000 shares were held as follows: 653,061 by Plaintiff, 100,000 by Claire Education Management Inc. and 246,939 by Pico Global LLC (of which Plaintiff is the managing member). In April 2018, Huandan Luan (“Luan”) approached Plaintiff with a business proposal, wherein Luan and her company, Brighten Investment Group, Inc. (“Brighten”) would invest money in WETI in exchange for the opportunity to apply for an i...
2023.09.29 Motion for Preliminary Injunction, to Vacate a Null and Void Disposition 430
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.29
Excerpt: ..., 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 Abhari serving as a silent partner of Sha...
2023.09.28 Motion for Mandatory Dismissal for Failure to Serve Complaint Within Three Years of Filing Action 127
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.28
Excerpt: ... a “strip mall” consisting of several units which were occupied by businesses owned by Brian Lai (“B. Lai”), including Central Furniture and Home Store (“Central Furniture”) and Yes 98 Cents, LLC (“Yes 98 Cents”). B. Lai is believed to be the sole member of AMCA. B. Lai, acting as a listing broker, listed the Property for sale; the listing advertisement stated that Yes 98 Cents was the anchor tenant of the Property. During or abou...
2023.09.28 Motion for Judgment on the Pleadings to SAC 291
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.28
Excerpt: ...emale, has worked for the California Department of Corrections and Rehabilitation (“CDCR”) for 24 years and holds the rank of Parole Agent III, Unit Supervisor, at the DAPO's El Monte GPS Parole Unit. In July 2017, Plaintiff overheard an African American colleague, Miatta Watts (“Watts”), refer to other CDCR department employees as “The Mexicans” to supervisor Ron Warner, a Caucasian male (“Watts/Warner incident”). Warner did not ...
2023.09.26 Motion to Compel Further Responses 835
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.26
Excerpt: ...he notice of ruling. Background Plaintiff Albertina Acevedo (“Plaintiff ”) alleges as follows: On November 23, 2020, Plaintiff purchased a 2021 Chevrolet Silverado, VIN #3GCPWDED9MG132613 (“subject vehicle”). General Motors LLC (“Defendant”) undertook to preserve or maintain the utility or performance of the subject vehicle via express warranties accompanying the sale of the subject vehicle. The subject vehicle suffers from engine, el...
2023.09.26 Demurrer to SAC 396
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.26
Excerpt: ...ge as follows: Sometime in 2019, Rajinder Adlakha (“Rajinder”) approached Vasisht about selling a commercial property and a business located thereon to Plaintiff. Rajinder represented that he was the owner of said commercial property on which he owned and operated a laundromat and check cashing business and that a 7-Eleven franchisee was a tenant of the other unit at the property. Rajinder also conveyed that he was the operator and day- to-da...
2023.09.26 Demurrer 126
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.26
Excerpt: ...een of the Valley Hospital (“Hospital”). Mao subsequently underwent two unnecessary surgical operations performed by Doctor Jared Sze Wei Wong (“Wong”) at Emanate Health Queen of the Valley Hospital, which left Mao in a vulnerable condition that led her to contract COVID-19 at a nursing home she had been sent to afterwards. Mao was rushed to the Emanate Health Inter- Community Hospital on December 21, 2020, but received negligent care fro...
2023.09.19 Motion for Preliminary Injunction 609
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.19
Excerpt: ... and/or neglect, including dilapidated and fire damaged structures. Defendants have failed to comply with multiple notices and correspondence issued by Plaintiff. On July 27, 2021, Plaintiff filed a complaint, asserting causes of action against Defendants EML, LLC (“EML”), Mohamed Iqbal Bholat (“Bholat”) (collectively, “Defendants”) and Does 1-50 for: 1. Public Nuisance 2. Municipal Code Violations 3. Declaratory and Injunctive Relief...
2023.09.18 Motion to Compel Deposition of PMK 798
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.18
Excerpt: ...other, Defendant Adrian Salazar (“Adrian”), and Adrian's wife, Defendant Reina Guevara (“Guevara”). At the party, Ethan “impacted” a sliding glass door, which shattered into large, jagged pieces. One of these pieces pierced Ethan's abdomen. Andrea pulled this piece out of Ethan's abdomen, which further ruptured his organs and muscles. After the incident, Andrea physically and verbally harassed Victoria; although Victoria complained, s...
2023.09.18 Special Motion to Strike 601
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.18
Excerpt: ...orene"), Richard Fannan ("Fannan") and Vincent Quigg ("Quigg") (together, "Defendants") filed a "false and friwlous complaint" against Plaintiffs in probate court, Case No. YP0011705. Aimee suffered a mild heart attack during trial proceedings. Sandra has received documents from Quigg under Case No. 15N00433 which instruct her to go to court and indicate that she owes a balance of $81,364.00. Before the court date Plaintiffs received a letter sta...
2023.09.18 Motion to Compel Further Responses, for Sanctions 967
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.18
Excerpt: ...urther Responses to Form Interrogatories, Set 1 is DENIED as MOOT, except as to the issue of sanctions. Sanctions are awarded in the reduced amount of $660.00 and are payable within 30 days from the date of the notice of ruling. Background [1] Plaintiff Glorious Sky, LLC (“Glorious Sky”) alleges as follows: On May 3, 2022, a written agreement was made between Glorious Sky and Defendant MT Hermon LLC (“MT”) for bitcoin mining hosting and r...
2023.09.14 Motion to Compel Arbitration 967
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.14
Excerpt: ...s, Inc. (MN), Polaris Sales, Inc., Polaris Industries, Inc. (DE) (collectively, “Polaris”), Seidner Enterprises LLC dba Bert's Mega Mall (“Seidner”), Cheyenne Rey (“Rey” and collectively with Polaris and Seidner as “Defendants”) and Does 1-100 for: 1. Strict Product Liability 2. Negligence 3. Failure to Warn 4. Negligent Recall 5. Violation of Cal. Bus. Prof. Code §§ 17200, et seq. On December 5, 2022, Polaris filed a cross-comp...
2023.09.13 Motion to Compel Further Responses 880
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.13
Excerpt: ...Plaintiffs filed a complaint, asserting a cause of action against Defendant and Does 1-10 for: 1. Violation of Song-Beverly Act—Breach of Express Warranty A Case Management Conference is set for September 13, 2023. Legal Standard “[T]he demanding party may move for an order compelling further response to the demand if the demanding party deems that. . . (1) A statement of compliance with the demand is incomplete[,] (2) A representation of ina...
2023.09.13 Demurrer 085
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.13
Excerpt: ...s as follows: Plaintiff told Ha Le ("Le") in December 2013 that she wanted to purchase a manufactured home commonly known as 901 S. Sixth Avenue, Space 284, Hacienda Heights, CA 91745 ("Manufactured Home.") Le told Plaintiff that she would be unable to hold title to same she was in the United States on a student visa. Plaintiff asked Le to assist her with the purchase of the Manufactured Home by holding title on her behalf. Le agreed. Plaintiff t...
2023.09.13 Application for Default Judgment 006
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.13
Excerpt: ...resa R. Baker, Irrevocable Trust Dated 09/02/97 (“JB”) in 2003, and acquired title to the subject property via a grant deed recorded January 13, 2003 (“Grant Deed-1”). Through mistake, error and/or inadvertence, the legal description in Grant Deed-1 fails to include certain language. The deed of trust recorded on January 13, 2003 (“DOT”) likewise contains the same erroneous legal description. On April 7, 2006, Judy, who originally acq...
2023.09.12 Motion for Reconsideration, to Expunge Lis Pendens 255
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.12
Excerpt: ... (“subject property”). On June 23, 2020, members of the El Monte Police Department (“Police”) executed a search warrant at the subject property. While executing the warrant, the Police observed that the subject property had been converted into marijuana cultivation facilities, containing numerous marijuana products in various stages of production. During the search, the Police encountered Defendants Timothy Earl Nilan (“Nilan”), Ivan ...
2023.09.12 Demurrer 968
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.12
Excerpt: ...) are married; Plaintiff is Citalli's father. In 1991, Plaintiff and his wife, Irene Gutierrez (“Irene”), purchased the property located at 2211 S. San Antonio Avenue, Pomona, CA 91766 (“subject property”). On May 16, 2002, Plaintiff and Irene refinanced and removed Maurilo and Ana Gutierrez from the deed. Plaintiff thereafter added Salvador E. Gutierrez (“Salvador”), to the title for co-signing purposes. Citalli returned to the subje...
2023.09.11 Motion to Strike, to Deem RFAs Admitted, for Sanctions 154
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.11
Excerpt: ...hat the truth of all matters specified in Plaintiffs' Requests for Admissions, Set No. One, deemed admitted against San Dimas PC. Sanctions are awarded in the reduced amount of $525.00 and are payable within 30 days from the date of the notice of ruling. 3. Plaintiffs Paul K. Schrieffer and Norma N. Schrieffer's Motion to Deem Requests for Admissions, Set One to San Dimas Pet Clinic Admitted is GRANTED. Pursuant to Code of Civil Procedure § 2033...
2023.09.06 Petition to Confirm Contractual Arbitration Award 408
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.06
Excerpt: ...l Enterprises, Inc. (Spectrum). On October 27, 2022, the court denied the First Petition without prejudice. On March 24, 2023, Petitioner filed the instant petition (“Amended Petition”). Legal Standard “Any party to an arbitration in which an award has been made may petition the court to confirm, correct, or vacate the award.” (Code Civ. Proc., § 1285.) “A petition to confirm an award shall be served and filed not later than four years...
2023.09.06 Demurrer 895
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.06
Excerpt: ...ial property located at 2551 Yorkshire Way, Pomona CA 91767 (“subject property”) from September 2018 to July 2019. The subject property was owned by Defendants Finnian Ebuehi (“Finnian”) and Elizabeth Ebuehi (“Elizabeth”) from August 13, 2018 to on or about April 27, 2020. The subject property suffered from numerous habitability issues during Plaintiff's tenancy, which Finnian and Elizabeth failed to ameliorate. On February 15, 2023, ...

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