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2022.07.18 Demurrer, Motion to Strike 538
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.18
Excerpt: ...nesville Owner One, LLC (“GV1”), CF Gainesville Owner Two, LLC (“GV2”), Green Energy Development SSP, LLP, Green Energy Development Venture, LLC, Green Energy Development Archer II, LLC, Green Energy Development Archer, LLC and Green Energy Development 6th Street, LLC (collectively, “Plaintiffs”) allege as follows: On June 15, 2010, GV1, GV2 and CF Gainesville Owner Three (collectively, the “ProjectCos”) entered into Commercial PV...
2022.07.15 Motion for Summary Judgment, Adjudication 546
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.15
Excerpt: ...ter (“RHHC”) and Glendora Community Hospital. Defendants transferred Antonio from RHHC to Glendora Hospital shortly before his death. Antonio had a gastrointestinal hemorrhage during his hospital at Glendora Hospital, which was entirely preventable and not recognized or treated. Antonio died on or about January 7, 2019. On December 23, 2020, this case was transferred from Department 32 of the Personal Injury Court to this instant department. ...
2022.07.14 Motion to Strike 460
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.14
Excerpt: ...f's pre-signed blank checks to pay herself, her son Frankie Hao Liu (“Frankie”), her father Changihi Liu (“Changihi”) and her own personal debts. On February 16, 2022, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Race, Frankie, Changihi and Does 1-20 for: 1. Breach of Contract 2. Breach of Good Faith and Fair Dealing 3. Fraud by Misrepresentation 4. Conversion 5. Money Had and Received 6. Unjus...
2022.07.13 Motion to Set Aside Default 911
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.13
Excerpt: ... (“subject property”). On December 30, 2020, Golden Springs filed a complaint, asserting a cause of action against Hsu and Does 1-10 for: 1. Breach of Contract—Lease for Non-Residential Property—Civil Code § 1951.2 On March 18, 2021, Hsu filed a cross-complaint, asserting causes of action against Golden Springs, Shumei Fang, Rancie Qiwen Lin, I Do Nail and Lasher Inc. and Roes 1-10 for: 1. Promissory Estoppel 2. Breach of Contract—Rele...
2022.07.13 Motion for Terminating Sanctions, for Issue, Evidentiary, and Monetary Sanctions 309
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.13
Excerpt: .... On May 6, 2020, Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) filed a complaint, asserting causes of action against Defendant Whittier Enterprises, LLC dba Popkoff's adba Pinched adba Popkoff Frozen Foods (“Defendant”) and Does 1-10 for: 1. Open Book Account 2. Account Stated 3. Reasonable Value The Final Status Conference is set for January 3, 2023. Trial is set for January 17, 2023. Legal Standard If a party fails to compl...
2022.07.13 Motion for Sanctions 710
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.13
Excerpt: ...t, Suite 583, City of Industry, California 91746 (“Premises”) for a 48-month term expiring on January 14, 2022. The Premises are within and part of the Center. Per the terms of the Lease, Forge was required to pay base rent plus estimated monthly amounts towards expenses and parking as additional rent. Patrick Siyu Liang (“Liang”) executed a written Guaranty of Lease. Forge abandoned and vacated the Premises on or about September 29, 2020...
2022.07.13 Demurrer 146
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.13
Excerpt: ...ation date, in retaliation by an officer of Defendant whose prior wrongful conduct had been reported by Plaintiff to the appropriate corporate authorities. Defendant failed to pay Plaintiff for all hours worked and for overtime hours during this time period, failed to reimburse her business-related expenses and failed to pay all wages due and owing at the time of her termination. On February 14, 2022, Plaintiff filed a complaint, asserting causes...
2022.07.12 Motion for Protective Order, to Compel Further Responses, for Sanctions 721
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.12
Excerpt: ...s to provide further, Code‐compliant responses to Nos. 200.1, 200.2, 200.3, 200.4, 201.1, 201.3, 201.4, 207.1, 207.2, 214.1, 214.2, 215.1, 215.2 and 216.1 within 20 days from the date of the hearing. Sanctions are awarded in the reduced amount of $661.65 and are payable within 30 days of the date of the hearing. 3. Plaintiff Chun Yeung Hung's Motion to Compel Defendant Henry Hua's Further Responses to Special Interrogatories (Set Two) is GRANTE...
2022.07.12 Motion for Attorney Fees 251
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.12
Excerpt: ...rty. Boey subsequently exercised her option to extend the term of the lease from May 1, 2018 to April 30, 2019. On or about April 24, 2018, Plaintiff determined that Boey was operating businesses on the subject property and was storing items on the subject property associated with those businesses, in violation of the lease. On April 24, 2018, Plaintiff served a Notice to Cure Covenant or Quit and thereafter commenced an Unlawful Detainer action,...
2022.07.12 Demurrer 761
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.12
Excerpt: ...��Plaintiffs”) allege as follows: Defendant Benjamin J. Aguayo (“Defendant”) is Carmen's husband, Benny's and Jonathan's father, Nita's father-in-law and Victor's brother-in-law. Carmen and Defendant are currently involved in dissolution of marriage and domestic violence cases (i.e., styled Aguayo v. Aguayo, Case Nos. 21PSFL00554 and 21PSRO00297). Defendant engaged in abusive behavior towards Plaintiffs for over 40 years. Victor has also lo...
2022.07.11 Application for Default Judgment 086
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.11
Excerpt: ...nd Wu's company, Dr. K in LA Entertainment (“Company”) in exchange for a return within 6 months (“Adult Movie Contract”). The parties also agreed that Plaintiff would be entitled to a return of her original investment upon request. Plaintiff gave Wu and Company $37,000.00 and received $30,310.00 back. In 2022, Plaintiff requested that her original investment be returned; this has not been done. In August 2021, Wu and Company entered into ...
2022.07.11 Application for Default Judgment 922
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.11
Excerpt: ...orres (collectively, “Defendants”) and Does 1-10. On December 29, 2021, Defendants' defaults were entered. A Case Management Conference is set for February 3, 2022. Discussion Plaintiffs' Application for Default Judgment is denied without prejudice. The following defect is noted: 1. The prayer in Plaintiff's complaint does not request holdover damages. “The ‘relief granted' in the default judgment ‘cannot exceed' what the plaintiff ‘d...
2022.07.11 Motion for Attorney Fees 664
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.11
Excerpt: ...wall and groped her body. The Property is owned by Connie T. Nhan (“Nhan”). On August 26, 2021, Doe filed a complaint, asserting causes of action against Acosta, Nhan and Does 1-70 for: 1. Sexual Battery in Violation of Civil Code § 1708.5 2. Gender Violence in Violation of Civil Code § 52.4 3. Ralph Civil Rights Act (Violation of Civil Code § 51.7) 4. Battery 5. Assault 6. Intentional Infliction of Emotional Distress 7. Negligence (Premis...
2022.07.08 Petition for Approval of Compromise of Claim or Action 954
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.08
Excerpt: ...) to this instant department. On April 23, 2018, Plaintiffs dismissed their sixth cause of action against Citrus Obstetrics and Gynecology Medical Associates, Inc. (Citrus Obstetrics”), Jason Sean Begley, M.D. (“Begley”), Ian Douglas Macagy, M.D. (“Macagy”), Carols Beharie, M.D. (“Beharie”), Western University of Health Sciences (“Western University”) and Stephanie White, D.O. (“White”), without prejudice. On April 23, 2018,...
2022.06.23 Motion for Summary Judgment 178
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.23
Excerpt: ...ct 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 against Cooper, County of Los Angeles (“County”), LACFD, John Doe Fire Captain and Does 1-50 for: 1. Intentional...
2022.06.23 Demurrer, Motion to Strike 085
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.23
Excerpt: ...iff”) alleges as follows: Plaintiff was a full-time student at Pitzer College from August 2016-May 2019. Plaintiff cross-enrolled in a course taught by Dr. Brady Potts (“Potts”) at Pomona College. Potts lowered Plaintiff's grade since Plaintiff had utilized academic accommodations granted to Plaintiff as a result of a disability. Pomona College administration failed to provide Plaintiff with timely due process. On December 29, 2021, Plainti...
2022.06.22 Demurrer, Motion to Strike 753
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.22
Excerpt: ..., Inc.'s and Maria Wilson's Motion to Strike Plaintiffs' Amended Complaint is DENIED as MOOT. Background[1] Plaintiffs, Maggie Winston (“Maggie”), deceased, by and through her personal legal representative and successor in interest, Angela Love and Angela Love, individually (“Plaintiffs”) allege as follows: Maggie was admitted to the Ramona Nursing & Rehabilitation Center (“RNRC”) in October 2019 for long term care. On June 16, 2020, ...
2022.06.22 Demurrer to FACC 343
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.22
Excerpt: ...aintiffs U.S. Truck Sales, Inc. (“UST”) and South Gate Investment Group, Inc. (“SGIG”) allege as follows: UST and SGIG are owned by Myra Acosta (“Acosta”); AJG Realty, Inc. (“AJG”) is owned by Armando Garcia (“Garcia”). In 2016, AJG purported to acquire its 50% interest in the property located at 10000 Atlantic Avenue in South Gate, CA 90280 (“Property”) on the basis that it was providing a bridge loan to SGIG/UST, while i...
2022.06.21 Motion to Quash Service of Summons, Demurrer to TAC 155
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.21
Excerpt: ...ogether, “Defendants”) are licensees of Plaintiff's patents for lighted keyboards. Defendants stopped paying royalties pursuant to contract and have not accounted for sales. On March 3, 2021, Plaintiff filed an Amendment to Complaint, in which Sunrex Technology was named in lieu of Doe 1. On March 10, 2022, Plaintiff filed a Third Amended Complaint (“TAC”), asserting a cause of action against Defendants and Does 1-25 for: 1. Breach of Con...
2022.06.21 Motion for Approval of Attorney Fees 174
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.21
Excerpt: ...�Defendant”) and Does 1-20 for: 1. Unlawful Detainer On March 18, 2022, All Unnamed Occupants' default was entered. Trial proceeded on April 26, 2022; on that date, the court found in favor of Defendant and against Plaintiff. Legal Standard “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; bu...
2022.06.20 Motion to Compel Further Responses, for Sanctions 427
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.20
Excerpt: ...94 within 20 days from the date of the hearing. The court declines sanctions. 2. Defendant Sunnyland International Group's Motion to Compel Further Responses to Special Interrogatories [Set One] Against Yongyi Liu is GRANTED in part (i.e., as to Nos. 4‐ 6, 9, 10, 17, 30 and 61) and DENIED in part (i.e., as to Nos. 32, 51, 57, 74, 88, 90, 93, 94, 99, 100, 103, 106 and 108). Liu is to provide further, Code‐compliant responses to Nos. 4‐6, 9, ...
2022.06.16 Petition for Approval of Compromise of Action 954
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.16
Excerpt: ... abnormalities and were otherwise negligent in rendering care to Magaly and Austin. On March 29, 2018, this case was transferred from Department 92 (personal injury hub) to this instant department. On April 23, 2018, Plaintiffs dismissed their sixth cause of action against Citrus Obstetrics and Gynecology Medical Associates, Inc. (Citrus Obstetrics”), Jason Sean Begley, M.D. (“Begley”), Ian Douglas Macagy, M.D. (“Macagy”), Carols Behari...
2022.06.16 Motion for Summary Judgment, Adjudication 127
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.16
Excerpt: ...erty”). The Property is a “strip mall” consisting of several units which were occupied by businesses owned by Brian Lai (“B. Lai”) (i.e., Central Furniture and Home Store [“Central Furniture”] and Yes 98 Cents, LLC [“98 Cents”].). B. Lai is believed to be the sole member of AMCA. Lai, acting as a listing broker, listed the Property for sale; the listing advertisement stated that 98 Cents was the anchor tenant of the Property. Du...
2022.06.15 Application for Default Judgment 892
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.15
Excerpt: ... acquired title to the property located at 411 North Lyall Avenue, West Covina, CA 91790 (“Property”) via a grant deed recorded on November 18, 1988. Chin quitclaimed his interest in the Property to Chau by quitclaim deed recorded on March 2, 1990. On or about July 27, 2007, Chau executed a promissory note in favor of Accredited Home Lenders, Inc. (“Accredited”), and a deed of trust (“DOT”) was recorded on August 8, 2007. On or about ...
2022.06.14 Demurrer to FAA, Motion to Strike 772
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.14
Excerpt: ...tate Insurance Company is DENIED as MOOT. Background Plaintiffs Jose Angel Leyba (“Jose”) and Rachel Leyba (collectively, “Plaintiffs”) allege as follows: On or about May 22, 2017, Jose sustained injuries after Angel Guillermo Grandes' (“Grandes”) vehicle struck the rear of his motorcycle on the I-10 westbound freeway. A California Highway Patrol (“CHP”) Officer initiated an unsafe traffic break preceding the accident. On July 9, ...
2022.06.14 Demurrer to FAC, Motion to Strike 120
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.14
Excerpt: ...LLC and Kam Sang Company, Inc.'s Motion to Strike Portions of Plaintiffs' First Amended Complaint is MOOT. Background Plaintiffs Figueroa Street and Fifth, LLC (“Figueroa Street”) and Charles Lewis (“Lewis”) (collectively, “Plaintiffs”) allege as follows: Plaintiffs operate a full-service car wash on Defendants New Age Kaleidoscope, LLC's (“New Age”) and Kam Sang Company, Inc.'s (“Kam Sang”) (collectively, “Defendants”) pr...
2022.06.14 Motion to Tax Costs, for Trial Preference 771
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.14
Excerpt: ...est to the estate of Cuatro and as guardian ad litem for minors A.C., E.C. and R.C. (collectively the “Minors”) (collectively “Plaintiffs”) filed a Complaint. The operative pleading is the Third Amended Complaint (“TAC”), which was filed on September 20, 2021, and asserts causes of action for: 1. Wrongful Death against Defendant County of Los Angeles (“County”) 2. Failure to Warn against County 3. Wrongful Death – Negligent Rete...
2022.06.13 Motion for Final Approval of Class Action Settlement 211
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.13
Excerpt: ...ction Settlement and (2) Granting Leave to File First Amended Complaint” was filed. On March 10, 2021, Plaintiff filed a First Amended Class and Representative Action Complaint, asserting causes of action against Defendant Arm and J Corporation dba Puente Hills Chrysler Dodge Jeep Ram (“Defendant”) and Does 1-10 for: 1. Failure to Pay All Minimum Wages and Overtime Wages (Labor Code §§ 510 and 1194; IWC Wage Order 4-2001) 2. Failure to Pr...
2022.06.13 Motion for Protective Order, for Sanctions 460
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.13
Excerpt: ...ce sanctions is declined. 3. Counsel for Plaintiff's Motion to be Relieved as Counsel is continued to July 27, 2022 at 9:30 a.m. Background Plaintiff Ceci Qiao Lee (“Plaintiff”) alleges as follows: On February 20, 2018, Plaintiff went to Wave Plastic Surgery Center R.H., Inc. (“Wave Plastic Surgery”) for an eyeliner tattoo procedure. After the procedure, Plaintiff's technician negligently dripped some form of “solution” into Plaintiff...
2022.06.09 Motion to Vacate Pre-Judgment Attachment 839
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.09
Excerpt: ...or beneficiaries to stay in the United States to operate a newly-formed subsidiary business. On or about September 2018, Ren Ju (“Ju”) contacted Prodigy on behalf of Changshu Real Building Material Co., Ltd. (“CRBM”) seeking assistance forming a subsidiary company to sell, lease and install solar panels in the United States and to obtain an L-1A to come to the United States to manage said subsidiary. Prodigy M&A referred Ju to agent Tony ...
2022.06.09 Motion to Set Aside Request for Entry of Default Judgment 669
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.09
Excerpt: ...tionship 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 a attorney licensed in California and that he held an “Attorney IOLTA Trust Account.” On December 5, 2018, a petition for letters of administration was filed in Case No. RP18931075, wherein McCollum was appointed ...
2022.06.08 Motion to Quash Service of Summons and Complaint, Demurrer 067
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.08
Excerpt: ...V00067 Plaintiff Sai Jun Ding (“Ding”) alleges as follows: On or about July 12, 2021, Ding, as tenant, and Defendant Brian Rohloff (“Rohloff”), as landlord, entered into a lease to own agreement regarding the property located at 1918 West Palm Drive, West Covina, CA 91790 (“Premises”). On or about December 6, 2021, Rohloff placed the Premises for sale. On or about December 3, 2021, while Ding was out of town, Rohloff removed Ding's po...
2022.06.02 Motion to Enforce Settlement Agreement 042
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.02
Excerpt: ...ash. The total amount of these loans, which were secured by a deed of trust on Prakash's personal residence, was $1,095,000.00, with an additional $983,978.25 in interest owed as of July 2016. On July 6, 2015, a “Judgment Based on Sister-State Judgment” and a “Corrected Judgment Based on Sister-State Judgment” were entered in favor of First National Bank (“FNB”) and against Prakash in case styled First National Bank v. Sachin, LLC, Ca...
2022.06.02 Motion to Compel Compliance with Subpoena, to Quash Subpoena Duces Tecum, for Sanctions 159
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.02
Excerpt: ...(see below). Sanctions are declined. 4. Plaintiff Angelo Sobingsobing's Motion to Quash Defendant's Subpoena Duces Tecum #3 (West Valley Detention Center—HR) is GRANTED in part (see below). Sanctions are declined. 5. Plaintiff Angelo Sobingsobing's Motion to Quash Defendant's Subpoena Duces Tecum #4 (Montclair Hospital Medical Center—HR) is GRANTED in part (see below). Sanctions are declined. 6. Plaintiff Angelo Sobingsobing's Motion to Quash...
2022.06.02 Motion for Entry of Judgment 420
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.02
Excerpt: ...ts On October 15, 2019, Plaintiff filed a Settlement Agreement. On October 16, 2019, Plaintiff filed a conditional “Notice of Settlement of Entire Case;” that day, an “Order on Settlement Agreement and Stipulation for Judgment” was filed and the case was dismissed, without prejudice. On November 8, 2021, Plaintiff filed (and mail-served on November 5, 2021) a “Notice of Intention to Request Entry of Judgment Under Stipulation.” Legal ...
2022.06.02 Demurrer to SAC 120
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.02
Excerpt: ... to China. Between August 27, 2019-October 12, 2019, Extra Shunmei, Inc. (“ESI”) entered into a series of contracts with Sinoma (“Contracts”), wherein ESI agreed to locate and purchase 28 new 2019 model-year Mercedes-Benz and Bentley luxury cars (“New Luxury Cars”) that would be shipped to Sinoma at Xingang, China, for a total price of $4,452.570. Rather than purchasing the New Luxury Cars, ESI and Beyace, Inc. (“Beyace”) conspire...
2022.06.01 Motion to Set Aside Judgment, Default, to Quash Any Enforcement of Judgment 588
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.01
Excerpt: ... wherein Plaintiff's assignor agreed to perform work on Defendant's house in exchange for installment payments. Defendant failed to make the payments. On July 20, 2021, Plaintiff filed a complaint, asserting causes of action against Defendant for: 1. Breach of Written Contract 2. Breach of Book Account On December 16, 2021, Defendant's default was entered. On February 15, 2022, default judgment was filed. Legal Standard Code of Civil Procedure se...
2022.06.01 Motion for Terminating Sanctions 552
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.01
Excerpt: ...ation Center, LLC (“AIC”) in Las Vegas. Plaintiffs retained AIC to assist them in obtaining U.S. visas. Per the agreements reached between Plaintiffs and AIC, Plaintiffs were to pay $170.000.00 to AIC for its services. Huang told Plaintiffs that they should wire the funds to him directly and that he would then deliver the funds to AIC. Although Plaintiffs wired these monies to Huang on or around June 11, 2018, Plaintiffs thereafter learned th...
2022.05.31 Demurrer 356
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.31
Excerpt: ...a Street”) and Does 1-10 for: 1. Unlawful Detainer On April 13, 2022, the court related this case with Case No. 21PSCV00638 and designated this instant case as the lead case. A Case Management Conference and Status Conference (Related Case) are set for August 23, 2022. Case No. 21PSCV00638 This is an unlawful detainer action involving the subject premises. On August 9, 2021, New Age filed a complaint, asserting a cause of action against Figuero...
2022.05.31 Motion to Vacate and Set Aside Defaults 889
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.31
Excerpt: ...��EB-5 Investment Management Agreement” (collectively, “Investment Agreements”) with CIRC and paid $500,000. On June 30, 2017 and November 13, 2019, Plaintiff and CIRC signed a “Refund Agreement” and “Deferred Refund Agreement” (collectively, “Refund Agreement”). CIRC failed to refund the amount as agreed. On October 29, 2021, Plaintiff filed a complaint, asserting a cause of action against CIRC, Zhong Fang (“Fang”) and Does...
2022.05.31 Demurrer, Motion to Strike 126
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.31
Excerpt: ...property located at 256 East Center Street in Covina (“Premises”). Defendant Paul Licerio (“Licerio”) is the current owner or manager of the Premises. On or about October 15, 2021, a property manager called Plaintiff regarding a water leak that needed repair within the Premises. A plumber came to the Premises and provided Licerio with an estimate to repair the leak. Rather than repair the water leak, on or about October 17, 2021, Licerio ...
2022.05.27 Demurrer 385
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.27
Excerpt: ...ators of the properties located at 11137 Lambert Avenue, El Monte, CA 91732 (the “El Monte Property”) and/or 41685 Gassner Road, Anza, CA 92539 (“Anza Property”) (collectively, the “Properties”). JPMorgan Chase Bank NA (“JPMorgan”) is an owner and mortgagee of the El Monte Property. Ony Glo, Inc. (“Ony”) is an owner and mortgage of the Anza Property. On July 16, 2020, members of the El Monte Police Department (“Police”) ex...
2022.05.26 Motion to Compel Further Responses 313
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.26
Excerpt: ...rther ordered to provide the original attorney signature page dated December 2, 2021 and his original verification page dated November 16, 2021 within 30 days of the date of the hearing. Sanctions are declined. Background Plaintiff Isabel M. Coats, individually and through Isabelle Coats Newman, as successor trustee of the inter vivos trust titled Isabel M. Coats Survivor's Trust Created Under the Terms of the Isabel and Walter Coats Trust Restat...
2022.05.25 Motion to Set Aside Dismissal and Reinstate FAC 571
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.25
Excerpt: ...agnegas- West”]) entered into a written Employment Agreement. Magnegas-West breached the agreement by failing to pay Plaintiff. On September 9, 2021, Plaintiff filed a First Amended Complaint, asserting causes of action against Magnegas-West and Does 1-5 for: 1. Declaratory Relief 2. Breach of Contract 3. Common Counts On December 8, 2021, the court scheduled an Order to Show Cause Re: Why the Matter Should Not Be Dismissed for Continued Failur...
2022.05.25 Motion for Code of Civil Procedure, Sanctions 591
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.25
Excerpt: ...s were students at Arroyo High School (“Arroyo”) within the El Monte Union High School District (“District”) during the 2016-2017 school year. Plaintiffs were sexually abused and harassed during this time period by Daniel Rios (“Rios”), a substitute teacher and track coach at Arroyo. On July 17, 2019, this case was transferred from Department 2 of the Personal Injury Court to this instant department. On November 16, 2020, Plaintiffs f...
2022.05.25 Demurrer, Motion to Strike 753
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.25
Excerpt: ...9:30 a.m. [see below]. Background Plaintiffs, Maggie Winston (“Maggie”), deceased, by and through her personal legal representative and successor in interest, Angela Love and Angela Love, individually (“Plaintiffs”) allege as follows: Maggie was admitted to the Ramona Nursing & Rehabilitation Center (“RNRC”) in October 2019 for long term care. On June 16, 2020, Maggie tested positive for COVID-19. Maggie was subsequently transported t...
2022.05.24 Motion to Disqualify Expert 281
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.24
Excerpt: ...uses of action against Jose A. Espinoza Placido (“Placido”), Jam Fire Protection, Inc. (“Jam”) and Does 1-100 for: 1. Negligence 2. Permissive Use 3. Negligent Entrustment On September 12, 2018, Refugio, Javier and Angelica dismissed their respective claims, with prejudice. On December 2, 2020, this case was transferred from Department 32 of the Personal Injury Court to this instant department. The Final Status Conference is set for July ...
2022.05.24 Application to Appear Pro Hac Vice 890
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.24
Excerpt: ...lling (California), Inc.'s Application of Richard T. Fass to Appear Pro Hac Vice is GRANTED, contingent upon Fass filing a supplemental declaration at or before the time of the hearing which sets forth admission dates for all courts identified in Paragraph 4 of his declaration. 3. Plaintiffs Ensign United States Drilling, Inc.'s and Ensign United States Drilling (California), Inc.'s Application of Taylor Ann Cruse to Appear Pro Hac Vice is GRANTE...
2022.05.19 OSC Re Preliminary Injunction 351
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.19
Excerpt: ...tively, Defendants”) own, control and/or have a legal interest in the neighboring property located at 1152 Englewild Drive in Glendora (“Akyol Property”). The Wang Property and the Akyol Property abut each other at the northwest boundary of the Wang Property and the southeast boundary of the Akyol Property. The Wang Property is exclusively accessed by Wang and the predecessor owners of the Wang Property via a private driveway that abuts the...
2022.05.19 Motion for Summary Judgment 116
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.19
Excerpt: ...s' default was entered. A Case Management Conference is set for May 19, 2022. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure sect...

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