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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...

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