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2023.06.07 Demurrer 876
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.06.07
Excerpt: ...GROUND This is a wrongful termination action. From 2003 to 2019, Defendant Pomona Valley Hospital Medical Center (PVHMC) employed Plaintiff Elizabeth T. Baker as a nurse in its Labor Delivery Recovery Postpartum Department. During Plaintiff's time at PVHMC, Plaintiff alleges nursing supervisors made racist comments, called Plaintiff demeaning nicknames, criticized Plaintiff for taking medical leave, and retaliated against Plaintiff for raising is...
2023.06.06 Demurrer, Motion to Strike 764
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.06.06
Excerpt: ...s Demurrer to Plaintiff's Complaint and Motion to Strike Portions of Plaintiff's Complaint are CONTINUED to a date to be determined at the hearing in Department G (Pomona) . Defendants' counsel is also ordered to meet and confer with Plaintiff's counsel regarding the Demurrer and Motion to Strike and to file a supplemental declaration describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing. BACKGROUN...
2023.06.05 Motion to Establish Admissions, to Compel Answers, for Sanctions 397
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.06.05
Excerpt: ...dent: Defendant Puente Hills Hyundai (Untimely Opposition filed on May 26, 2023) TENTATIVE RULING Plaintiff Apollo Walke€s Motion for Order Establishing Admissions is deemed MOOT. Plaintiffs Request for Sanctions is GRANTED and Sanctions are awarded in the amount of $410, payable within twenty (20) days of the issuance of this order. Plaintiff Apollo Walke€s Motion for Order Compelling Answers to Special and Form Interrogatories is deemed MOO...
2023.06.05 Motion for Reconsideration, to Compel Arbitration 671
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.06.05
Excerpt: ...tiff Benjamin Valle purchased a new 2021 Nissan Versa and alleges express warranties from Defendant Nissan North America, Inc. accompanied the sale, including that Defendant undertook to preserve or maintain the utility or performance of Plaintiffs vehicle and provide compensation if there was a failure in such utility or performance. Plaintiff alleges the vehicle has serious defects and nonconformities including electrical, engine, and transmiss...
2023.05.31 Motion for Foreclosure on Charging Order 675
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.31
Excerpt: ...reed to form a limited liability company (LLC) for the purpose of constructing and operating a fast-food restaurant. Plaintiff agreed to invest one million dollars into the business in exchange for a thirty percent ownership stake and an annual payment of forty thousand dollars. Plaintiff alleges the payments were not made and in 2013, Plaintiff discovered the LLC had been "converted off' without Plaintiffs consent. On February 21, 2014, Plaintif...
2023.05.31 Demurrer, Motion to Strike Punitive Damages 327
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.31
Excerpt: ...s DENIED. Defendant to file its Answer to Plaintiffs Complaint in ten (10) days. BACKGROUND This is a lemon law action. On April 30, 2017, Plaintiff Rubisela Martinez Chavarin entered into a warranty contract with Defendant General Motors LLC by purchasing a 2017 Chevrolet Colorado. Subsequently, Plaintiff alleges the vehicle exhibited transmission defects. On February 3, 2023, Plaintiff filed a complaint against Defendant and Does 1-10, alleging...
2023.05.31 Demurrer, Motion to Strike 583
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.31
Excerpt: ...aint are CONTINUED to a date to be determined at the hearing in Department G (Pomona). Defendanes counsel is also ordered to meet and confer with Plaintiffs counsel regarding the Demurrer and Motion to Strike and to file a supplemental declaration describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing. BACKGROUND This action arises from the sexual abuse of a high school student by school staff. Defe...
2023.05.31 Demurrer 051
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.31
Excerpt: ... with a strep infection that spread to Plaintiffs lungs. As a result of this infection, Plaintiff underwent surgery at a Brazilian hospital in Sao Paulo. After returning to California, Plaintiff submitted a claim to Plaintiffs insurer, Defendant California Physicians' Service. Plaintiff alleges Defendant denied Plaintiffs two claims and appeal on the grounds that Plaintiffs surgery was not emergency treatment. On January 6, 2023, Plaintiff and Gl...
2023.05.30 Motion to Compel Deposition of PMK 705
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.30
Excerpt: ...ffs motion is also GRANTED IN PART as to document requests 1, 3-7, 9, 10, 15, and 16, and DENIED IN PART as to document requests 2, 8, and 11-14. Within ten (10) days of the issuance of this order, Defendant is ordered to provide Plaintiff with code-compliant responses to Plaintiffs discovery requests and provide Plaintiff with dates for the deposition of Defendant's person most I--mowledgeable. BACKGROUND This is a lemon law action. On December ...
2023.05.30 Motion for Protective Order or for Relief of Waiver of Objections 610
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.30
Excerpt: ...covery requests propounded on November 29, 2022, and again provided on March 16, 2023. Defendant must serve code-compliant responses to these discovery requests, with or without objections, on Plaintiff within five (5) days of the issuance of this order, or on or before June 5, 2023. BACKGROUND This is a premises liability action. On November 10, 2021, Plaintiff Gerald Pardo was walking on Towne Avenue near San Antonio Avenue in Pomona when an al...
2023.05.25 Motion to Vacate Default Judgment 160
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.25
Excerpt: ...rking with Defendant to help monetize clean energy technology developed by Plaintiff. Subsequently, Plaintiff alleges Defendant began falsely claiming to be an equal partner in Plaintiffs work. Plaintiff then claims Defendant took a laptop computer and flash drive from Plaintiff that contained designs, drawings, and marketing materials for Plaintiffs technology and refused to return it. When Plaintiff confronted Defendant about the laptop compute...
2023.05.25 Motion to Strike 254
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.25
Excerpt: ... DENIED. BACKGROUND This is an action for medical malpractice and wmongful death. In September 2019, John Clonts (Clonts) was admitted to a residential care facility operated by St. Francis Home for the Elderly, Inc. (St. Francis) for hospice care. At the time of Clonts' admission, Clonts was around 90 years of age and suffered from dementia, hearing difficulties, and ambulatory issues. During Clonts' stay, St Francis allegedly failed to follow h...
2023.05.24 Demurrer 585
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.24
Excerpt: ...nne Wang are ordered to file an answer to the Second Amended Cross-Complaint in ten (10) days. BACKGROUND This is a breach of contract action arising from a credit agreement. On March 26, 2019, Horizon Tire, Inc. (Horizon Tire) entered into a written agreement with Trotta Tires II, LLC (Trotta Tires) in which Horizon Tire agreed to extend credit to Trotta Tires for the purchase of tires. Horizon Tire alleges Trotta Tires breached the agreement by...
2023.05.23 Motion to Reopen Discovery for Limited Purposes 731
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.23
Excerpt: ...ng westbound on 1-10 in the fourth lane with Grisol Lupita Ramirez (Ramirez) as a passenger. As a result of an allegedly dangerous condition that resulted in mud, gravel, and rocks on the roadway, Reyes lost control of the vehicle, collided with the concrete center median, and came to a stop in the second lane. After observing smoke from the vehicle's engine, Reyes and Ramirez exited the vehicle. Around the same time, Michael Minh Quang Dinh (Din...
2023.05.23 Demurrer to SAC 319
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.23
Excerpt: .... Defendant Haat Investments, LLC owns commercial real property in Glendora. On November 3, 2021, Plaintiff visited a liquor store on Defendant's Glendora property to purchase a beverage. During the visit, Plaintiff alleges the following barriers to access existed: (1) a built-up curb ramp that projects from sidewalk into the access aisle in excess of maximum grade allowed by ADA Standards for Accessible Design and (2) an obstructive wheel stop p...
2023.05.22 Motion for Summary Judgment, to Continue Trial 421
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.22
Excerpt: ...nd primary anastomosis procedure performed by Myron Mariano, M.D. (Dr. Mariano) after a cancerous mass was discovered in George Page's sigmoid colon. After George Page began experiencing complications, Dr. Mariano performed a laparotomy on May 24 and discovered an anastomotic leak at the site of the previous procedure. Dr. Mariano then performed a resection of the anastomosis and created a colostomy. On May 29, George Page had to be intubated due...
2023.05.22 Motion for Reconsideration 615
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.22
Excerpt: ... Harold Lara purchased a certified pre owned 2019 Nissan Pathfinder and alleges express warranties from Defendant Nissan North America, Inc. accompanied the sale, including that Defendant undertook to preserve or maintain the utility or performance of Plaintiffs vehicle and provide compensation if there was a failure in such utility or performance. Plaintiff alleges the vehicle has serious defects and nonconformities including engine, electrical,...
2023.05.22 Demurrer, Motion to Strike 132
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.22
Excerpt: ...st Amended Complaintzare CONTINUED to date to be determined at the hearing. Defendanes counsel is also ordered to meet and confer with Plaintiffs counsel regarding the Demurrer and Motion to Strike and to file a supplemental declaration describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing. BACKGROUND This is a medical malpractice action. On October 4, 2021, Defendants Sapna Sangai Rasani, M.D. (Dr...
2023.05.18 Motion to Compel Further Responses 573
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.18
Excerpt: ...ENIED IN PART as to Request Nos. 22, 23, 25, 30, and 31. Defendant General Motors, LLC is ordered to serve further and complete code- compliant responses without objection, except where otherwise allowed by this ruling, on Plaintiff within ten (10) days of the issuance of this order. BACKGROUND This is a lemon law action. On November 15, 2020, Plaintiff Jose Isabel Garcia entered into a warranty contract Defendant General Motors, LLC by purchasin...
2023.05.17 Application for Default Judgment 471
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.17
Excerpt: ...egally. On June 7, 2021, the Ci5r of El Monte (PlamtifO filed a complaint against Dan Tu Cun (Cun), Jian Zou (Zou), Eagle Home Mortgage, LLC (Eagle Home Mortgage), and Does 1-100 alleging the followmg causes of action: (1) narcotics abatement, (2) public nuisance, (3) violation of El Monte municipal code, (4) violation of Unfair Competition Law, and (5) violation of MAUCRSA On February 6, 2022, Plaintiffs registered process server sewed Cun and Z...
2023.05.04 Demurrer, Motion to Strike 617
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.04
Excerpt: ...AINED IN PART and OVERRULED IN PART. Defendants Fleet Capital, Inc„ Inco Builders, and Sam Ostayan's Motion to Strike Portions of Plaintiffs Second Amended Complaint is GRANTED without leave to amend. BACKGROUND This action arises from an alleged wrongful foreclosure. On July 30, 2021, Plaintiff Diana Culkin, also known as Diana Jannette Marmolejo Corona, filed a complaint against Fleet Capital, Inc. (Fleet Capital), Best Alliance Foreclosure a...
2023.05.04 Demurrer 288
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.04
Excerpt: ... file a supplemental declaration describing such meet and confer efforts at least (9) court days before the next scheduled hearing. On the coures own motion pursuant to Code of Civil Procedure section 436, the court GRANTS a motion to strike Plaintiffs First Amended Complaint filed April 27, 2023 as improperly filed pursuant to Code of Civil Procedure section 472. BACKGROUND This is an action to quiet title involving a residential property in La ...
2023.05.03 Motion to Enforce Settlement Agreement 418
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.03
Excerpt: ...fendant S193,115. On October 10, Plaintiff alleges Defendant breached the agreement by failing to repay the principal loan and accrued interest. On May 19, 2021, Plaintiff filed a complaint against Defendant and Does 1-50, alleging the following causes of action: (1) breach of contract, (2) fraud, and (3) common counts. On August 4, 2021, Plaintiff filed a First Amended Complaint (PAC) against same defendants alleging (1) breach of contract and (...
2023.05.03 Application for Default Judgment 351
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.05.03
Excerpt: ...chair for mobility. Preston Cole LLC (Preston Cole) owns and operates a liquor store in Pomona on property owned by Preston Cole and 3560 University Plaza Pomona LLC (3560 University). On August 22, 2022, Plaintiff visited the liquor store to access its goods and services and assess the business for compliance with disability access laws. During the visit, Plaintiff alleges the following barriers to access existed: (1) the sales counter was too h...
2023.04.27 Motion for Summary Adjudication 402
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.27
Excerpt: ...strict (WCUSD) determined Plaintiff was eligible for special education. During the 2012-2013 school year, Plaintiff spent the first grade at Ävo different elementary schools where WCUSD allegedly failed to provide proper support for Plaintiff and Plaintiff was subjected to physical, verbal, and psychological abuse. During the summer of 2013, Plaintiffs parents reached a settlement with WCUSD in which Plaintiff would be placed in a state licensed...

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