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2023.01.06 Application for Default Judgment 410
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.01.06
Excerpt: ...d ultimately wrongfully terminated) by reason of her pregnancy and/or gender. 101 Sushi failed to provide Plaintiff with meal and rest breaks and with accurate and itemized wage statements. 101 Sushi also failed to pay Plaintiff her final wages. On April 15, 2022, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants 101 Sushi, Roy Doe and Does 1-25 for: 1. Pregnancy Discrimination 2. Pregnancy Harassment 3. Fai...
2023.01.03 Motion to Depose Defendant in Prision 411
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.01.03
Excerpt: ...ling DEFENDANTS's MOTION FOR AN ORDER TO DEPOSE DEFENDANT KAJ FAABORG IN PRISON is GRANTED. Background This case arises from vehicular manslaughter. [1] Decedent Jeremy Olivas (“Decedent”) was driving a 2004 Ford Mustang when Defendant Kaj Faaborg (“Faaborg”), while driving under the influence of alcohol, rear-ended Decedent's vehicle. This impact caused Decedent to collide into a vehicle driven by Plaintiff Marshall Tanaka. On May 10, 20...
2022.12.28 Motion to Compel Discovery 411
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.12.28
Excerpt: ...n Motion to Compel Discovery (not "Further Discovery") ) COMPEL PLAINTIFF EZ CASH'S RESPONSE TO GEICO'S FORM INTERROGATORIES, SET ONE (4) Hearing on Motion to Compel Discovery (not "Further Discovery") (1) DEEMING GEICO'S REQUESTS FOR ADMISSIONS (SET ONE) ADMITTED BY PLAINTIFF EZ CASH Tentative Ruling All four (4) discovery motions are MOOT. The court may impose monetary sanctions on Defense Counsel for bad faith litigation tactics, a matter whic...
2022.12.15 Special Motion to Strike, for Attorney Fees 479
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.12.15
Excerpt: ...“John”), Fernando Salas, Rafael Salas and Cynthia Salas. On February 7, 2003, Francisco and Celia established The Celia and Francisco Salas Living Trust (“Trust”) and transferred their property located at 420 Clintwood Avenue, La Puente, CA 91744 (“subject property”) into the Trust. On or about April 2010, Francisco was diagnosed with Alzheimer's disease and dementia. Celia died on June 21, 2017. After Celia died, John removed Francis...
2022.12.15 Motion to Compel Arbitration 709
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.12.15
Excerpt: ...t for Penalties Pursuant to Labor Code § 2699(f) for Violations of Labor Code §§ 201-203, 226(a), 226.7, 510, 512 and 1194” against Defendants Pama Management, Inc., (“Pama”), I E Rental Homes, Inc. (“I E Rental”) and Does 1- 10. On 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 ...
2022.12.15 Demurrer 881
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.12.15
Excerpt: ...use of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleading...
2022.12.13 Motion for Summary Judgment 137
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.12.13
Excerpt: ...tee of a family trust executed by Ren and Ye during their marriage. Plaintiff alleges that on January 6, 2018, it agreed to loan $200,000 to YYP, a business doing nightlife promotions. After YYP failed to make a payment on the loan, Ye executed a Personal Guarantee on July 17, 2018. YYP and Ye failed to pay Plaintiff by August 18, 2018. Plaintiff alleges that Ye and Ren transferred various assets from 2017 to 2018 to avoid payment obligations to ...
2022.12.08 Motion to Compel Further Responses 005
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.12.08
Excerpt: ...ct vehicle suffers from various defects and that the subject vehicle has not been repaired after a reasonable number of attempts. On January 4, 2022, Plaintiffs filed a complaint, asserting causes of action against Volkswagen Group of America, Inc. (“Defendant”) and Does 1-50 for: 1. Violation of Subdivision (d) of Civil Code Section 1793.2 2. Violation of Subdivision (b) of Civil Code Section 1793.2 3. Violation of Subdivision (a)(3) of Civi...
2022.12.07 Motion for Protective Order 806
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.12.07
Excerpt: ...n (i.e., as to William) and OVERRULED as to sixth and seventh causes of action (i.e., as to William). The court will hear from counsel for Plaintiff as to whether leave to amend is requested, and as to which cause(s) of action, and will require an offer of proof if so. Background Plaintiff Weng Bo (“Plaintiff”) alleges as follows: Prior to June 2, 2016, Xiaowei Hong (“William”) approached Plaintiff for a $1 million loan to purchase invent...
2022.12.06 Demurrer, Motion to Strike 831
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.12.06
Excerpt: ...nd Carl W. Stewart III's Demurrer to Plaintiff's Complaint is SUSTAINED. The court will hear from counsel for Plaintiff as to whether leave to amend is requested, and as to which cause(s) of action, and will require an offer of proof if so. 4. Defendants Carl W. Stewart II and Carl W. Stewart III's Motion to Strike Plaintiff's Complaint is DENIED as MOOT. Background Plaintiff Reliance Development and Construction, Inc. (“Plaintiff”) alleges a...
2022.12.06 Application for Right to Attach Order, for Issuance of Writ of Attachment 967
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.12.06
Excerpt: ...es. MT breached the agreement. On September 12, 2022, Glorious Sky filed a First Amended Complaint, asserting causes of action against MT, Mike Tian (“Mike”), Chris Tian (“Chris”) and Does 1-50 for: 1. Breach of Contract 2. Common Counts 3. Fraud 4. Intentional Tort 5. Violation of California Penal Code section 496(c) On October 18, 2022, MT filed a cross-complaint, asserting causes of action against Glorious Sky, Ke Gao (“Gao”) and R...
2022.12.06 Motion for Leave to File FACC 595
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.12.06
Excerpt: ...kyard addition located at 3701 S. Ferntower Ave., West Covina, CA 91792 (“subject property”). The parties agreed rent would be $1,500.00 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 incr...
2022.12.06 OSC Re Preliminary Injunction 156
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.12.06
Excerpt: ...r customers in the community and under a contract with Enterprise- Rent-A-Car (“Enterprise”). Albert Garcia (“Albert”) is Company's majority member and holds a 60% interest in same; Albert's brother, Andrew Garcia (“Andrew”), and Plaintiff each hold a 20% interest. Albert has been using Company funds to pay his own personal expenses, has failed and refused to purchase Worker's Compensation Insurance and has failed to pay all local, st...
2022.11.30 Motion to Lift Stay to Allow Court to Hear Motion to Expunge Lien 507
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.30
Excerpt: ... is had…If the issue which is the controversy subject to arbitration is severable, the stay may be with respect to that issue only.” (Code Civ. Proc. § 1281.4.) “A party to an arbitration agreement may file in the court in the county in which an arbitration proceeding is pending, or if an arbitration proceeding has not commenced, in any proper court, an application for a provisional remedy in connection with an arbitrable controversy, but ...
2022.11.29 Motion to Dismiss Complaint 592
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.29
Excerpt: ...m Department 28 of the Personal Injury Court to this instant department. On November 4, 2021, Plaintiffs filed a First Amended Complaint (“FAC”), asserting causes of action against Motel, Prajaprem Corporation, Premchand Prajapati (“Prajapati”) and Does 1-20 for: 1. Battery 2. Negligence 3. Negligent Infliction of Emotional Distress 4. Intentional Infliction of Emotional Distress 5. Fraudulent Concealment 6. Private Nuisance 7. Public Nui...
2022.11.29 Demurrer to SAC, Motion to Strike 442
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.29
Excerpt: ...rtions of Plaintiffs' Second Amended Complaint is DENIED as MOOT. Background Plaintiffs Tammy Denney and Dyanna Denney, as heirs and successors-in-interest to Janice Larcom, decedent (“Plaintiffs”) allege as follows: On April 15, 2020, Janice Larcom (“Larcom”) was discharged from Kaiser's Fontana Medical Center to Inland Valley Care and Rehabilitation Center. Larcom died on September 26, 2020 as a result of deficiencies in care. On Februa...
2022.11.29 Demurrer 083
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.29
Excerpt: ...and his issue from same because she was upset that Jose had filed a lawsuit against his mother Sofia and sisters Guadalupe and Rosa for breach of promissory estoppel based on Gloria's promise to allow him to reside in the property located at 4110 Rowland Ave., El Monte, CA 91731 (“subject property”) for as long as he lived and not to sell the subject property at any time during Jose's lifetime. This promise was included in a letter written by...
2022.11.22 Motion to Quash Service of Process or for Relief from Default, for Protective Order 054
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.22
Excerpt: ...ff loaned $400,000.00 to Daniel W. Kennedy, IV (“D. Kennedy”) and Juliet Ru-Yi Chung (“Chung”), by and through Kennedy Capital Partners International, Inc. (“Kennedy Capital”), to purportedly fund the production of television and film projects. Plaintiff has not been repaid. On December 16, 2021, Plaintiff filed a complaint, asserting causes of action against D. Kennedy, Chung, Diana Yi Wei Cheng (“Cheng”), Rosemary Kennedy (“R....
2022.11.16 Motion to Tax Costs 178
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.16
Excerpt: ...tiff's wife. Plaintiff 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...
2022.11.16 Demurrer, Motion to Strike 841
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.16
Excerpt: ...azolo's Motion to Strike Portions of Plaintiff's Second Amended Complaint is DENIED as MOOT in part (i.e., as to Paragraphs 117 and 126), GRANTED in part (i.e., as to Page 21, lines 6‐19 and 22‐28) and DENIED in part (i.e., as to Page 22, lines 3‐5 and Paragraphs 73, 83 and 99). Background Plaintiff Lisa Larrazolo Bohn (“Lisa”) alleges as follows: Irene Larrazolo (“Irene”) and George Larrazolo (“George”) are Lisa's parents. Lisa...
2022.11.15 Demurrer, Motion to Strike 516
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.15
Excerpt: ...ay Carter and Dianne C. Carter's Motion to Strike Allegations of Punitive Damages from Plaintiffs' First Amended Complaint is DENIED as MOOT in part (i.e., as to Paragraph 32 and Prayer 10, line 11) and otherwise GRANTED. 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 Plaintiffs Isaias Barbosa (“Isaias”), Graciela Barbosa (“Graciela”) and the E...
2022.11.14 Petition to Vacate Contractual Arbitration Award 156
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.14
Excerpt: ...er, a party seeking to vacate an arbitration award must either (1) file and serve a petition to vacate that award ‘not later than 100 days after the date of the service of a signed copy of the award' (Code Civ. Proc., § 1288; see Elden v. Superior Court (1997) 53 Cal.App.4th 1497, 1511), or (2) file and serve a timely response (that is, within 10 days) to the other party's petition to confirm the award, which seeks to vacate the award (Code Ci...
2022.11.14 Motion to Compel Responses 748
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.14
Excerpt: ... (Michael) and Maya Trujillo (Maya) (collectively, Defendants). Merisha and Michael are married; Maya is their daughter. Defendants frequented Plaintiff in her home for many years, and Plaintiff visited their home as well. In or about August 2019, Merisha asked Plaintiff if she and her daughters could borrow jewelry from Plaintiff to wear at a family wedding in England. Plaintiff agreed. Defendants came to Plaintiff's house, selected certain piec...
2022.11.10 Motion for Leave to Intervene 417
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.10
Excerpt: ...re to sell the subject property. On April 28, 2022, Plaintiffs filed a complaint, asserting causes of action against Ricardo and Does 1-20 for: 1. Partition 2. Accounting 3. Declaratory Relief A Case Management Conference is set for November 10, 2022. Legal Standard “An intervention takes place when a nonparty, deemed an intervenor, becomes a party to an action or proceeding between other persons by . . . [j]oining a plaintiff . . . , [u]niting...
2022.11.09 Demurrer 391
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.09
Excerpt: ...le On September 23, 2021, Plaintiff filed two “Amendment[s] to Complaint,” wherein Francisco Jesus Arrieran was named in lieu of Doe 1 and Maria Sanchez was named in lieu of Doe 2. On February 16, 2022, the court granted A-One Commercial Insurance Risk Retention Group, Inc.'s motion for leave to file an answer-in-intervention. On May 5, 2022, Plaintiff filed an “Amendment to Complaint,” wherein TRAC Intermodal Holding Corp. (“TRAC”) w...
2022.11.09 Motion for Summary Judgment, Adjudication 805
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.09
Excerpt: ...otion for Summary Judgment on Skyline's Cross‐Complaint as to Shirley Xie, Johnson Wu and Song Jin is DENIED. The alternative Motion for Summary Adjudication on Skyline's Cross‐Complaint as to Xie Wu and Jin is DENIED as to the first through fifth causes of action. Background [1] Plaintiffs Shirlie Xie (“Xie”), Johnson Wu (“Wu”) and Rice Wok Express, Inc. dba Food King & BBQ (“Rice Wok”) (collectively, “Plaintiffs”) allege as ...
2022.11.08 Motion for Attorney Fees 512
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.08
Excerpt: ...Plaintiff”) was employed by ABC Lucky Transportation, Inc. (“ABC”) and Huilong Lai (“Lai”) as an hourly paid, non-exempt driver from July 8, 2019 to May 17, 2020. Plaintiff alleges that ABC and Lai violated various Labor Code provisions by failing to pay overtime wages, to provide rest and meal periods, to timely pay wages upon termination and to provide complete and accurate wage statements. Plaintiff also alleges that he was wrongfull...
2022.11.02 Motion to Compel Further Responses 820
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.02
Excerpt: ...property located at 2225 Plaza Parkway, Modesto, California (the “Modesto Contract”). Additionally, on or about November 6, 2017, Apelila and AG Renovation entered into a written contract wherein AG Renovation agreed to perform work as a general contractor for Apelila's benefit with respect to a work of improvement for property located at 1510 Monterey Road, Suite 40, San Jose, California (the “San Jose Contract”). AG Renovation has faile...
2022.11.02 Motion for Summary Judgment 362
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.02
Excerpt: ...: Moises Murillo (“Moises”) was a student with special needs at Sunset Elementary School (“School”), located within the Hacienda La Puente Unified School District (“District”); Cynthia Parulan-Colfer (“Parulan-Colfer”) is the superintendent of District. On May 31, 2017, while in the classroom during school hours, Moises suffered extensive injuries to his neck and went into cardiac arrest. Moises was transported to the hospital, wh...
2022.11.02 Motion for Final Approval of Class Action Settlement 608
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.02
Excerpt: ...��Castro”). On January 7, 2021, Case Nos. 20PSCV00586 and 20STCV48608 were deemed related; Case No. 20PSCV00586 was deemed the lead case. On May 11, 2021, the aforesaid cases were consolidated; Case No. 20STCV48608 was designated the lead case. On May 14, 2021, a “Stipulation Regarding Consolidation of Quintero and Castro, Jr. Matters and Consolidated Complaint” was filed. On March 14, 2022, Castro and Quintero filed a “First Amended Cons...
2022.11.01 Motion for Entry of Default Judgment 427
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.01
Excerpt: ...n July 27, 2012, F. Li purchased and gifted the subject property to Liu to help Liu since she was raising Meixi by herself. Prior to and upon closing of the escrow of the subject property, F. Li told Liu that he had purchased the subject property for her and was giving it to her. F. Li told Liu he would transfer title to the subject property at a future time. In or about early August 2012, shortly before escrow closed on the subject property, F. ...
2022.11.01 Demurrer, Motion to Strike 124
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.11.01
Excerpt: ... December 4, 2020. Defendant violated various Labor Code wage and hour provisions. On May 2, 2022, Plaintiff filed an “Amendment to Complaint,” wherein Plaintiff corrected Defendant's name from “IDR Environmental Services, Inc.” to “I.D.R., Inc.” On August 5, 2022, Plaintiff filed a First Amended Representative Complaint for Civil Penalties (“FAC”), asserting causes of action against Defendant and Does 1-50 for: 1. Violation of th...
2022.10.31 Motion to Vacate and Set Aside Defaults, for Attorney Fees 889
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.10.31
Excerpt: ...IRC”) is a regional center for EB-5 investment immigration. On June 5, 2014, Plaintiff signed a “U.S. EB-5 Investment Immigration Agreement” and “EB- 5 Investment Management Agreement” (collectively, “Investment Agreements”) with CIRC and paid $500,000.00. On June 30, 2017 and November 13, 2019, Plaintiff and CIRC signed a “Refund Agreement” and “Deferred Refund Agreement” (collectively, “Refund Agreement”). CIRC failed ...
2022.10.31 Motion to Set Aside Entry of Default Judgment, Demurrer 669
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.10.31
Excerpt: ...ent's home was foreclosed upon. On August 31, 2018, Plaintiff entered into a contractual relationship with National Recovery Solutions (“NRS”) to recover surplus funds from the foreclosure sale. NRS is owned and operated by Defendant Ronald McCollum (“McCollum”). McCollum falsely represented to Plaintiff that he was an attorney licensed in California and that he held an “Attorney IOLTA Trust Account.” On December 5, 2018, a petition f...
2022.10.27 Petition to Confirm Contractual Arbitration Award 408
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.10.27
Excerpt: ...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 after the date of service of a signed copy of the award on the petitioner.” (Code Civ. Proc., § 1288.) A petition to confirm an arbitration award must “(a) Set forth the substance of or have attached a c...
2022.10.27 Motion for Judgment on the Pleadings 771
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.10.27
Excerpt: ...) resulting from the alleged failure of defendants County of Los Angeles (“Defendant County”) and Hathaway‐ Sycamores Child and Family Services' (“Defendant Hathaway”) failure to remove Cuatro from his parents' custody. This action is brought by A.C., E.C., R.C. (“minor Plaintiffs”), siblings of Noah, and Evangelia Hernandez (“Hernandez”), grandmother of Noah and guardian ad litem of minor Plaintiffs. The initial complaint was f...
2022.10.27 Amended Motion for Charging Order 500
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.10.27
Excerpt: ...Cohen (“Cohen”) executed a guaranty on that date. NRD returned possession of the Premises before the expiration of the lease, failed to pay rent, and failed to repair and maintain the Premises and other necessary systems of the Premises. On March 10, 2020, Plaintiff filed a First Amended Complaint, asserting causes of action against NRD, Cohen and Does I-III for: 1. Common Counts 2. Breach of Contract 3. Breach of Written Guaranty On February...
2022.10.26 Motion to Continue Trial 677
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.10.26
Excerpt: ...y located at 317 Oakview Drive, Azusa, CA 91702 (“subject property”) with her daughter in March 21, 1996 and that she owns 50% of the subject property, but that Millner and Todd have been attempting to remove her from the subject property. On July 17, 2015, Joyce filed a complaint, asserting causes of action against Millner and Todd for: 1. Partition (Code Civ. Proc. §§ 872.210, 872.230, 872.820 2. Accounting 3. Conversion 4. Elder Abuse 5....
2022.10.18 Demurrer, Motion to Strike 841
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.10.18
Excerpt: ...ge”) are Lisa's parents. Lisa works as Project and Operations Manager for the family business, American Riggers Inc. (“ARI”), which is an industrial moving company providing hauling, rigging, equipment relocation, assembly and installation of heavy equipment and machinery for businesses. Lisa and her husband transformed ARI into a million-dollar corporation, loaned ARI over six figures to pay bills and cover payroll over the years and withh...
2022.10.17 Motion for Entry of Protective Order 779
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.10.17
Excerpt: ... Plaintiff, Zhu began working for Plaintiff's customer and now-competitor, Moro Freight International, Inc. (“MFI”). Zhu took the customer contacts and shipping pricing information provided to her by Plaintiff during her employment and used them for MFI's benefit without Plaintiff's consent. On August 29, 2019, Plaintiff filed a complaint, asserting causes of action against Zhu, MFI and Does 1-25 for: 1. Unfair Competition in Violation of Bus...
2022.10.13 Demurrer to FAC 200
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.10.13
Excerpt: ...e of action). The court will hear from counsel for Plaintiff as to whether leave to amend is requested, and as to which cause(s) of action, and will require an offer of proof if so. Background Plaintiff Ho Yee Lai (“Plaintiff”) alleges as follows: On November 20, 2021, Plaintiff purchased a “certified pre-owned” (“CPO”) 2019 Mercedes Benz 560e, VIN #WDDUG7DB3KA476232 (“subject vehicle”) from Envision WC MB Auto, LLC DBA Mercedes-B...
2022.10.12 Motion to Bifurcate Trial 257
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.10.12
Excerpt: ...e of Alexis Chantel Flores (“Flores”) (“collectively, “Plaintiffs”) allege as follows: On or about January 14, 2018, Barksdale was driving a 1998 Toyota 4Runner, Vehicle Identification No. JT3GN86R7W0079510 (“subject vehicle”) westbound on the SR-60 Pomona Freeway in Diamond Bar; Reyes-Greendale and Flores were passengers. The subject vehicle was involved in a rollover crash, which injured Reyes-Greendale and Barksdale and killed Fl...
2022.10.12 Motion for Summary Judgment 400
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.10.12
Excerpt: ...) for $1,330,000.00, with a $266,000.00 down payment. The parties agreed that Plaintiff, on the one hand, and the Aiellos, on the other hand, would each pay half of the down payment, mortgage payment and property taxes, would thereafter each hold a 50% interest in the subject property, and would each be entitled to 50% of any sales proceeds from the subject property. They agreed that they would reside in the subject property together, along with ...
2022.10.06 Motion for Summary Judgment, Adjudication 178
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.10.06
Excerpt: ...spector for the Los Angeles County Fire Department (“LACFD”), after he discovered Cooper engaged in sexual conduct with Plaintiff's wife. Plaintiff 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 ...
2022.10.06 Motion for Attorney Fees 010
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.10.06
Excerpt: ... various defects and that the subject vehicle has not been repaired after a reasonable number of attempts. On January 6, 2022, Plaintiff filed a complaint, asserting causes of action against Ford Motor Company (“Defendant”) for: 1. Breach of Written Warranty Pursuant to the Magnuson‐Moss Warranty Act Manufacturer 2. Breach of Implied Warranty Pursuant to the Magnuson‐Moss Warranty Act Manufacturer 3. Song‐Beverly Consumer Warranty Act 4...
2022.10.04 Motion for Determination of Good Faith Settlement 127
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.10.04
Excerpt: ...laintiff that Hung would be able to repay the loan within three weeks. On or about February 2021, Hung convinced Plaintiff to lend him $90,000.00 At Hung's insistence, Plaintiff met Hung at the Bank of the West branch where she would fund the loan. At that time, they were joined by branch manager Karen Su (“Karen”). Karen and Hung convinced Plaintiff to give the funds directly to KW Bridge Capital, Inc. (“KW Bridge”) in return for Hung's ...
2022.09.29 Motion to Enforce Settlement Agreement 782
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.29
Excerpt: ... she purchased the property located at 317 Oakview Drive in Azusa (“subject property”) with her daughter in March 21, 1996 and that she owns 50% of the subject property, but that Defendants have been attempting to remove her from the subject property. On July 17, 2015, Joyce filed a complaint, asserting causes of action against Defendants for: 1. Partition (CCP §§ 872.210, 872.230, 872.820) 2. Accounting 3. Conversion 4. Elder Abuse 5. Inte...
2022.09.28 Motion to Compel Deposition 926
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.28
Excerpt: ...action against Defendants Smart & Final, LLC, Smart & Final Stores, LLC, Smart & Final Properties I, LLC, The Bread Factory Artisans, Inc. (“BFA”) and Does 1-100 for: 1. Premises Liability 2. General Negligence On July 12, 2019, Smart & Final, Inc. and Smart & Final Stores, LLC (erroneously sued as Smart & Final, LLC and Smart & Final Properties I, LLC) (collectively, “Smart & Final”) filed two “Amendment[s] to [Cross-]Complaint,” whe...
2022.09.28 Application to Appear as Counsel Pro Hac Vice 068
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.28
Excerpt: ...��VII”), Valmont Highway, Armorflex International Limited (“Armorflex”), Lindsay Corporation (“Lindsay Corp.”), Lindsay Transportation Solution Sales & Service LLC (“Lindsay TSSS”), Ferreira Construction Co., Inc. (“Ferreira”), State of California (“CalTrans”) and Does 1-50 for: 1. Negligence and Negligence Per Se 2. Strict Liability 3. Negligence 4. Negligence On May 18, 2018, Ferreira filed a cross-complaint, asserting cau...
2022.09.27 Motion to Compel Responses 318
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.27
Excerpt: ...are payable within 30 days from the date of the notice of ruling. 2. Plaintiff Accu‐Blend Corporation's Motion to Compel Responses to Special Interrogatories is GRANTED as to Henry, Alona, R. Fuentes, D. Fuentes and Soto only. Henry, Alona, R. Fuentes, D. Fuentes and Soto are ordered to serve verified responses, without objections, to Plaintiff's Special Interrogatories, Sets No. One, within 20 days from the date of the notice of ruling. Sancti...

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