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2023.04.26 Demurrer, Motion to Strike 327
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.26
Excerpt: ..., Dept. G (Pomona). Defendant is also ordered 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 (9) court days before the next scheduled hearing. 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...
2023.04.25 Motion to Compel Deposition of PMQ 799
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.25
Excerpt: ...lified. BACKGROUND This is a lemon law action. On September 15, 2018, Plaintiff Manuel Meza, Jr. entered into a warranty contract Mith Defendant General Motors, LLC by purchasing a 2018 Chevrolet Camaro. Subsequently during the warranty period, Plaintiff alleges the vehicle developed defects with its transmission system. On July 29, 2022, Plaintiff filed a complaint against Defendant and Does 1-50, alleging (I)violation of Civil Code section 1793...
2023.04.25 Motion for Leave to File SAC 343
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.25
Excerpt: ... Defendant Eliborio Ramirez Cruz in which Plaintiff agreed to lend $30,000 to Defendant with a monthly interest rate of Plaintiff alleges Defendant breached the agreement by failing to make agreed upon payments. On April 6, 2022, Plaintiff filed a complaint against Defendant, alleging breach of contract. On November 17, Plaintiff filed a First Amended Complaint against the same Defendant, alleging (1) breach of contract, (2) common counts, and (3...
2023.04.24 Motion to Compel Binding Arbitration 013
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.24
Excerpt: ...r America by purchasing a 2021 Hyundai Palisade from a dealership. Plaintiffs allege the vehicle did not conform to the warranty as it had serious defects with its electrical, engine, structural, transmission, suspension, and emission systems. On December 21, 2022, Plaintiffs filed a complaint against Defendant and Does 1-10, alleging (I)c'breach of express warranty, (2) breach of implied warranty, and (3) violation of section 1793.2, subdivision...
2023.04.21 Demurrer to FACC 721
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.21
Excerpt: ...t should or should not transfer the First Amended Cross‐Complaint to a Probate Department, subject to the briefing schedule set by the court at the hearing. BACKGROUND This is an action arising from a dispute over a family trust. On September 3, 1998, Carlota G. Cruz (Carlota Cruz) and Carlota Cruz's husband, Antonio V. Cruz (Antonio Cruz), formed The Antonio V. Cruz and Carlota G. Revocable Trust (Cruz Trust) and are trustees of the Cruz Trust...
2023.04.20 Demurrer, Motion to Strike 229
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.20
Excerpt: ...plaint against Defendant Allstate, alleging Defendant has engaged in insurance bad faith by delaying resolution of Plaintiff's insurance claim. From September 2019 to November 2022, Defendant Allstate provided Plaintiff Bin Yang with renter's insurance. On August 16, 2022, Plaintiff alleges Plaintiff's former landlord broke into Plaintiff's storage locker in El Monte and stole or removed Plaintiff's property. On March 7, 2023, Defendant filed the...
2023.04.19 Demurrer, Motion to Strike 033
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.19
Excerpt: ...ded Complaint Respondent: NO OPPOSITION TENTATIVE RULING Defendants Sarah Lee Kendall, Karen H. Allen (erroneously named “Karen H. Allan”), Crossroads Family Therapy LLC, and Abundance Therapy Center's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED without leave given to amend. Defendants Sarah Lee Kendall, Karen H. Allen (erroneously named “Karen H. Allan”), Crossroads Family Therapy LLC, and Abundance Therapy Center's Moti...
2023.04.18 Demurrer, Motion to Strike 902
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.18
Excerpt: ...efendant General Motors LLC's Motion to Strike Punitive Damages from Plaintiffs' First Amended Complaint is DENIED. BACKGROUND This is a lemon law action. On July 5, 2020, Camilo Rivera Guzman and Christian Rivera Gomez (collectively, Plaintiffs) entered into a warranty contract with Defendant General Motors LLC by purchasing a 2020 Chevrolet Colorado. The warranty contract included a 3- year/36,000-mile express bumper to bumper warranty and a 5-...
2023.04.18 Demurrer 063 (2)
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.18
Excerpt: ... (Gladden) is a Hong Kong corporation engaged in the business of exporting textiles from China to the United States. Plaintiff worked with textile factories in China and an export shipping company in Hong Kong to fulfill orders from California businesses that include Swat Fame, Inc. (Swat Fame), Defendant Dear John Denim, Inc. (Dear John), and Defendant Ashley Mason, LLC (Ashley Mason). Defendant Makin International, Inc. (Makin) served as an int...
2023.04.17 Motion for Terminating Sanctions or Evidentiary, Issue Sanctions 318
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.17
Excerpt: ...IED IN PART as to Defendant Nicholas Shishido. Terminating sanctions are imposed, Defendants Henry James Shishido, Alona Lynn Shishido, H&S Mfg., Robert Fuentes, Desirae Fuentes, and Athena Marie Soto's Answer to Plaintiff's First Amended Complaint is STRICKEN and DEFAULT is entered against Defendants as of this date. BACKGROUND This is an action arising from alleged fraud. Plaintiff Accu-Blend Corporation is in the business of manufacturing wax....
2023.04.17 Demurrer, Motion to Strike 320
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.17
Excerpt: ...hout leave to amend. Defendant Nageswara R. Guntupalli, M.D.'s Motion to Strike Portions of Plaintiffs' Third Amended Complaint is GRANTED without leave to amend. BACKGROUND This is a personal injury action. Plaintiff Joshua Acosta (Acosta) was involuntarily committed to the Aurora Charter Oak Hospital, a psychiatric hospital in Covina, where Acosta was allegedly attacked and beaten by hospital employees. On December 18, 2020, Acosta filed a comp...
2023.04.13 Demurrer 065
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.13
Excerpt: ...allegedly tripped on the doorway threshold of the restaurant's rear entrance and fell onto the pavement. As a result of Plaintiff's fall, Plaintiff suffered a fractured ankle, abrasions, lacerations, torn right shoulder and bicep tendons, and a bruised knee. Plaintiff subsequently had to receive medical treatment at the Pomona Valley Hospital Medical Center. Plaintiff alleges the doorway was dangerous and unsafe. On October 7, 2022, Plaintiff fil...
2023.04.13 Motion for Summary Judgment, Adjudication 296
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.13
Excerpt: ...to March 2020, Plaintiff attended South Pointe Middle School (South Pointe) in the Walnut Valley Unified School District (WVUSD) as a sixth grader. During this time, another sixth-grade special needs student named Student X sexually assaulted Plaintiff in restrooms at South Pointe during the school day on multiple occasions. Student X also exchanged sexually explicit messages, photographs, and videos with Plaintiff. After Plaintiff's mother learn...
2023.04.12 Motion to Compel Further Responses 474
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.12
Excerpt: ...mpel Defendant Wind Chime Properties, L.P.'s Further Responses to Special Interrogatories, Set One is GRANTED. Defendant Wind Chime Properties, L.P. is ordered to serve further and complete code‐ compliant responses without objection on Plaintiff within ten (10) days of the issuance of this order. Sanctions are awarded to Plaintiff against Defendant in the amount of $400, payable within thirty (30) days of the issuance of this order. Plaintiff ...
2023.04.12 Motion for Leave to File FACC 940
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.12
Excerpt: ...t a warehouse. On June 15, 2021, Plaintiffs Jin Hong Gong and Ling Fong entered into an oral agreement with Defendants Chung Woo Chan (Chan), Tai Wan Wong (Wong), and LMI Autoparts Inc. (LMI) in which Plaintiff agreed to clear out Defendants' warehouse in the City of Industry by August 31 in exchange for Defendants paying $3 per square foot. After Plaintiffs allegedly completed the tasks on August 11, Plaintiffs allege Defendants breached the agr...
2023.04.12 Demurrer, Motion to Strike 987
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.12
Excerpt: ...for Punitive Damages is deemed MOOT. BACKGROUND This is a breach of contract and fraud action arising from an investment agreement. On March 31, 2020, Plaintiff Kevin Chen entered into an oral agreement with Defendant Kevin Chen in which Plaintiff agreed to invest $155,000 with Defendant. In March 2021, after Plaintiff made a profit of $50,000, Plaintiff asked Defendant to return the money. While Defendant returned some of the money, Plaintiff al...
2023.04.12 Demurrer, Motion to Strike 033
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.12
Excerpt: ...ded Complaint Respondent: NO OPPOSITION TENTATIVE RULING Defendants Sarah Lee Kendall, Karen H. Allen (erroneously named “Karen H. Allan”), Crossroads Family Therapy LLC, and Abundance Therapy Center's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED without leave given to amend. Defendants Sarah Lee Kendall, Karen H. Allen (erroneously named “Karen H. Allan”), Crossroads Family Therapy LLC, and Abundance Therapy Center's Moti...
2023.04.11 Demurrer to FAC, Motion to Strike 446
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.11
Excerpt: ...lifornia and Sokly Chen TENTATIVE RULING Defendants Yanlin Li, Fiorano Motorsport LLC, Bianco Corsa Motorsport, Inc., and Yokohama Imports USA, LLC's Demurrer to Plaintiffs' First Amended Complaint is SUSTAINED IN PART and OVERRULED IN PART with twenty (20) days leave to amend. Defendants Yanlin Li, Fiorano Motorsport LLC, Bianco Corsa Motorsport, Inc., and Yokohama Imports USA, LLC's Motion to Strike Portions of Plaintiffs' First Amended Complai...
2023.04.10 Motion to Compel Mental Exam 402
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.10
Excerpt: ...laintiffs time as a student, Plaintiff was allegedly bullied, tormented, and subjected to verbal, physical, and sexual assault by fellow students on school premises and while being transported to and from school. As a result, Plaintiff allegedly suffered significant physical and psychological trauma. On January 20, 2021, Plaintiff, by and through guardian ad litem Olivia C., filed a complaint against West Covina Unified School District (WCUSD); C...
2023.04.10 Motion for Leave to Resubmit Motion for Summary Judgment 438
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.10
Excerpt: ...onal Association entered into a written agreement with Defendant Nuan Corp. (Lion Express), doing business as Lion Express, in which Plaintiff agreed to provide $381,972.81 for Lion Express to purchase equipment. Lion Express agreed to make an initial payment of S395, sixty-three monthly payments of $4,639.39, and one final payment of $81,034.39. James Yuan (Yuan) and Golden Lion Transportation (Golden Lion) also executed personal guaranties to g...
2023.04.06 Motion for Leave to File FAC 387
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.06
Excerpt: ...ze Sun, and sister-in-law, Plaintiff Shuang Xia (Xia), are Chinese citizens. In January 2021, Tianze Sun and Xia's non-immigrant visas were about to expire when their child was in serious medical condition and needed surgery. In order to stay in the United States for their child's medical treatment, Tianze Sun and Xia sought out immigration experts and discovered Defendant Coastline Immigration Service, Inc. (Coastline). Bianca Sun, Tianze Sun, a...
2023.04.06 Demurrer, Motion to Strike 611
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.06
Excerpt: ...breach of contract action arising between an employer and a former employee. Plaintiff Loa Inel (USA) Transport Co. Inc. is a transportation business that worked closely with RL Jones, a customs brokerage and international logistics company in Texas. Defendant George Liu was an employee of Plaintiff who worked closely with RL Jones, was aware of the business relationship between RL Jones and Plaintiff, and signed a confidentiality and non-disclos...
2023.04.06 Demurrer 739
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.06
Excerpt: ...emborg Ford (Defendant). Subsequently, Plaintiffs' vehicle manifested engine defects. On November 8, 2022, Plaintiffs filed a complaint against Ford, Defendant, and Does 1-10, alleging the following causes of action: (1) breach of express warranty, (2) breach of implied warranty, and (3) negligent repair. On January 10, 2023, Defendant filed the present demurrer. Prior to filing on December 28, 2022, Defendant's counsel met and conferred telephon...
2023.04.05 Demurrer, Motion to Strike 624
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.05
Excerpt: ...Plaintiffs Complaint is OVERRULED. Defendants 'Matias' Clinical Laboratory, Inc. and Emilio Villarba's Motion to Strike Portions of Plaintiffs Complaint is DENIED. BACKGROUND This is a breach of contract action arising from an equipment lease agreement. On October 12, 2020, Thermo Fisher Financial Services, Inc. (Thermo Fisher) entered into a written lease agreement with Defendant 'Matias' Clinical Laboratory, Inc. (Matias Clinical Lab), doing bu...
2023.04.04 Application for Writ of Possession 077
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.04
Excerpt: ...endant APCK Inc. is GRANTED. BACKGROUND This is a breach of contract action arising from a loan and security agreement On December 3, 2021, Plaintiff BMO Harris Bank N.A. entered into a written loan and security agreement with Defendant APCK Inc. (APCK) for the financing of certain collateral. Plaintiff alleges APCK breached the agreement by failing to make monthly installment payments on September 1, 2022 and now owes $242,106.77, in addition to...
2023.04.04 Motion to Deem Admitted Truth of Facts, for Sanctions 318
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.04
Excerpt: ...ido, Alona Lynn Shishido, Robert Fuentes, Desirae Fuentes, Athena Marie Soto, and Nicolas Shishido is GRANTED. Sanctions are awarded in the amount of $461.65 and payable within thirty (30) days of the issuance of this order. BACKGROUND This is an action arising from alleged fraud. Plaintiff Accu-Blend Corporation is in the business of manufacturing wax. Defendant Henry James Shishiso (Henry Shishido) has served as Plaintiffs daily operations mana...
2023.04.03 Motion to Compel Further Responses 583
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.03
Excerpt: ...ponse without objection on Defendant within ten (10) days of the issuance of this order. Furthermore, sanctions are also awarded in the amount of $700 against Plaintiff, payable within thirty (30) days of the issuance of this order. BACKGROUND This action arises from the sexual abuse of a high school student by school staff. Defendant Brandy Wilborn (Wilborn) was a teacher's aide employed by Defendant Claremont Unified School District (CUSD) at C...
2023.04.03 Application for Default Judgment 572
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.04.03
Excerpt: ...ble to the public. As early as September 2022, Plaintiff visited Defendant's website multiple times and alleges the following barriers to access existed: (1) graphics, links, and buttons on the website were mislabeled or lacked alternative text (alt-text) for screen-reading software to read out; (2) multiple pages contained insufficient navigational headings; (3) product links and descriptions were inaccessible to screen reading technology, and (...
2023.03.30 Demurrer to FACC 721
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.30
Excerpt: ... and file a supplemental declaration describing such meet and confer efforts at least (9) court days before the next scheduled hearing. BACKGROUND This is an action arising from a dispute over a family trust. On September 3, 1998, Carlota G. Cruz (Carlota Cruz) and Carlota Cruz's husband, Antonio V. Cruz (Antonio Cruz), formed The Antonio V. Cruz and Carlota G. Revocable Trust (Cruz Trust) and are trustees of the Cruz Trust On December 13, 2012, ...
2023.03.29 Demurrer to SACC 702
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.29
Excerpt: ...M. Elias Trust. Luis Elias transferred real property to the trust, while retaining the right to possess, profit from, and manage the trust property until death. Luis Elias leased the trust property to Defendant Peter Elias who collected rent from the property s tenants. After Luis Elias died, Defendant continued to collect rent on the trust property. On August 30, 2021, Robles, as trustee of the Luis M. Elias Trust, filed a complaint against Jenn...
2023.03.28 Demurrer, Motion to Strike 902
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.28
Excerpt: ...trike Punitive Damages from Plaintiffs' First Amended Complaint are CONTINUED TO April 18, 2023, 8:30 a.m., Dept. 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 (9) court days before the next scheduled hearing. BACKGROUND This is a lemon law action. On July 5, 2020, Camilo ...
2023.03.27 Demurrer, Motion to Strike 099
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.27
Excerpt: ...GRANTED with twenty (20) days leave to amend. BACKGROUND This is a disability rights action. Plaintiff Rebecca Castillo is a visually impaired and legally blind individual. The Kroger Co. (Defendant) owns and operates a commercial and publicly accessible website named "wvw.v.picknsave.com" that provides consumers with access to goods, services, and information related to Defendant's brick-and-mortar locations. On separate occasions since August 2...
2023.03.24 Motion to Stay Discovery 320
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.24
Excerpt: ...otion to Compel Further Responses to Special Interrogatories, Set One , Nos. 1-43, 45-173, 175-185, 188-224 Respondent: Plaintiff Joshua Acosta Defendant Aurora Charter Oaks-Los Angeles, LLC's Motion to Compel Further Responses to Requests for Admission, Set One, Nos. 36-184 Respondent: Plaintiff Joshua Acosta Plaintiffs Joshua Acosta's Motions to Compel Further Responses to Form Interrogatories, Setone, Nos. 12.4, 15.1, 16.1, 16.2, 16.3, 16.4, 1...
2023.03.23 Motion to Enter Judgment for Refusal to Comply with Order to Enforce Settlement 926
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.23
Excerpt: .... BACKGROUND This is an action arising from a family business dispute. In 1998, Chunping Cong (Cong) and Mingxiu Cao (Cao), Con
2023.03.23 Application for Preliminary Injunction 953
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.23
Excerpt: ...as a senior human resource analyst for Defendant Tri-City Mental Health Authority (Tri-City). In January 2018, Tri-City hired Defendant Warkitha Torregano (Torregano) as a human resources manager, with supervisory responsibilities over Plaintiff. On March 15, 2018, Plaintiff alleges Torregano inadvertently sent a text message meant for a third-party to Plaintiff that stated "Plaintiff was very incompetent and had no idea how to do her job." Plain...
2023.03.22 Application for Default Judgment 762
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.22
Excerpt: ...property owned by Defendant Hacienda Center, Inc. (Hacienda Center). On April 15, 2021, Plaintiff visited Grand Gas to avail himself of its goods, services, privileges, or advantages. During the visit, Plaintiff alleges the following barriers to access existed: (1) non-compliant fuel pumps, (2) non-compliant entrance ramp, and (3) non-complaint sale counters. On July 25, 2022, Plaintiff filed a complaint against Hacienda Center and S&I Entertainm...
2023.03.21 Demurrer to SAC, Motion to Strike SAC 516
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.21
Excerpt: ...23, 8:30 a.m., Dept. G (Pomona). Defendants' counsel is also ordered meet and confer with Plaintiff regarding the Demurrer and Motion to Strike and file a supplemental declaration describing such meet and confer efforts at least (9) court days before the next scheduled hearing. BACKGROUND This is an action arising from a landlord-tenant dispute. In July 2020, Plaintiff Yuzheng Chen entered into a lease agreement with Longji Guan (Guan) in which P...
2023.03.21 Motion to Stay or Dismiss Action 434
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.21
Excerpt: ...cs in which Plaintiff was a carrier line and Defendant was a freight broker. In August 2021, Plaintiff alleges Defendant concealed the actual value of the freight which resulted in Plaintiff purchasing insufficient insurance coverage and providing Defendant with a lower price for shipping. As a result, Plaintiff obtained a standard insurance policy for $100,000 and arranged for Shaoxian Zhang (Zhang), operating through Pinxin Transportation Inc. ...
2023.03.15 Motion to Compel Further Responses 894
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.15
Excerpt: ... serve verified responses to Requests 16, 18 and 21 within ten (10) days. The Motion to Compel Further Responses to Requests 17, 19, and 20 is DENIED. BACKGROUND This is a lemon law action. On July 30, 2016, Plaintiff Gustavo Gradilla-Gonzalez entered into a written warranty agreement with Defendant American Honda Motor Company, Inc. by purchasing a 2016 Honda Civic. The warranty agreement promised Defendant would preserve or maintain the utility...
2023.03.15 Demurrer 813
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.15
Excerpt: ... is SUSTAINED without leave to amend. BACKGROUND This is a wrongful death action arising from the tragic drowning of a child. In 2018, Hugo Rivero and Rubidelma Merida Damian (collectively, Buyers) purchased a house in Baldwin Park with a pool for their family, including Diana Rubi Gamboa (Gamboa) and Hugo Rivero, Jr. (Hugo Jr.), a 35-month-old toddler. Buyers were represented by JMA Legacy, Inc.; Luis Eduardo Fajardo; and Sergio Omar Becerra (co...
2023.03.14 Motion to Set Aside Default 610
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.14
Excerpt: ...laintiff Gerald Pardo was walking on Towne Avenue near San Antonio Avenue in Pomona when an allegedly uncovered utility hole caused Plaintiff to fall and suffer injury. On November 1, 2022, Plaintiff filed a complaint against the City of Pomona (Defendant) and Does 1-50, alleging (1) negligence and (2) premises liability. On November 6, Plaintiff's registered process server personally served Defendant through an assistant city clerk in Pomona. On...
2023.03.14 Demurrer 065
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.14
Excerpt: ...re the next scheduled hearing. BACKGROUND This is a premises liability action. On September 2, 2021, Plaintiff Helen Long visited Roady's Family Restaurant (Roady's) in San Dimas. After dining in, Plaintiff was attempting to leave when Plaintiff allegedly tripped on the doorway threshold of the restaurant's rear entrance and fell onto the pavement. As a result of Plaintiff's fall, Plaintiff suffered a fractured ankle, abrasions, lacerations, torn...
2023.03.13 Demurrer, Motion to Strike 838
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.13
Excerpt: ...NIED. Defendant to answer the Complaint in twenty (20) days, on or before April 3, 2023. BACKGROUND This is a breach of contract action arising from an insurance policy. On November 12, 2020, Plaintiff Enedina Gonzalez purchased an automobile insurance policy from Defendant Aspire General Insurance Company. On August 1, 2021, while Plaintiff's insurance policy was still active, Plaintiff was involved in an automobile accident in West Covina. Afte...
2023.03.10 Motion for Summary Judgment, Adjudication 097
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.10
Excerpt: ... restaurant franchise in the City of Industry. Plaintiff alleges the San Gabriel Valley Council of Governments (SGVCOG), City of Industry (City), and Alameda Corridor-East Construction Authority (ACECA) were responsible for the Fullerton Road Grade Separation Project (Fullerton Road Project) which allegedly eliminated access to Plaintiff's store. On February 5, 2021, Plaintiff filed a complaint against SGVCOG, the City, ACECA, and Does 1-50, alle...
2023.03.08 Demurrer, Motion to Strike 105
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.08
Excerpt: ... action for trespass arising from a dispute over a walkway. On February 12, 2008, Plaintiff Jace King, formerly known as Ali Tavana, purchased a residential property in Pomona (hereafter, the Pomona property). There is a concrete walkway on the Pomona property adjacent to the public street. Plaintiff alleges the walkway is not a public sidewalk and part of Plaintiff's private property. In September 2019, Plaintiff erected a fence around the walkw...
2023.03.08 Demurrer 339
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.08
Excerpt: ... property in Pomona but was unable to qualify for a loan to finance the purchase. Plaintiff then came to an agreement with Defendant in which Defendant agreed to co-sign for the loan and Plaintiff agreed to let Defendant live with Plaintiff for free until Defendant found another place. Plaintiff would then remove Defendant from the title and loan. Plaintiff and Defendant then entered into a purchase agreement with a third party to purchase the Po...
2023.03.07 Demurrer to SAC 775
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.07
Excerpt: ...rom an automobile accident and subsequent medical treatment. On May 6, 2021, Simau Fealofai was involved in an automobile collision with Danny Rodriguez Gonzalez (Rodriguez Gonzalez). Following the accident, Simau Fealofai was admitted to Pomona Valley Hospital Medical Center (Defendant) for treatment. While under Defendant's care, Simau Fealofai claims to have suffered additional injuries, including pressure wounds, as a result of negligence by ...
2023.03.06 Demurrer 813
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.06
Excerpt: ... to Plaintiffs' Seventh Amended Complaint Respondent: Plaintiffs Estate of Hugo Rivero, Jr. by and through its successors in interest, Hugo Rivero and Rubidelma Merida Damian; Hugo Rivero; Rubidelma Merida Damian; and Diana Rubi Gamboa TENTATIVE RULING Defendants Pac W. Dong; Clement Ziroli; Clement Ziroli, Jr.; Homeowners Equity Corporation; and Fin‐West Group's Demurrer to Plaintiffs' Complaint is SUSTAINED IN PART without leave to amend and ...
2023.03.06 Demurrer 585
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.06
Excerpt: ...ND 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 failing to make payments pursuant to the agreement, starting September 16, 2021, and currently owes $4...
2023.03.01 Motion to Compel Arbitration and for Immediate Dismissal, or for Stay of Judicial Proceedings 215
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.03.01
Excerpt: ...as a Vice President/Business Banking Relationship Manager. According to the job offer letter, Defendant promised to pay Plaintiff $90,000 annually plus commission. From August 2019 to February 2022, Plaintiff serviced an estimated $64,975,500 in loans. However, despite complaints from Plaintiff to Plaintiff's direct supervisor, the CFO, Defendant allegedly never paid any commission to Plaintiff. Plaintiff also alleges Defendant fraudulently chang...

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