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2024.03.06 Motion for Attorney Fees 645
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.06
Excerpt: ... Services move for $23,295.50 in attorney fees and $1,322.06 in costs. Prevailing Party Under Civil Code section 1794, subdivision (d), “[i]f the buyer prevails in an action under [the Song-Beverly Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, includ ing attorney's fees based on actual time expended, determined by the court to have been reasonably incu...
2024.03.06 Demurrer to FAC 998
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.06
Excerpt: ... fourth causes of action of breach of express warranty and breach of implied warranty because they are time-barred. Defendants demur to the fifth cause of action of fraudulent concealment on the grounds that it is time -barred and does not state facts sufficient to constitute a cause of action. Background Plaintiff Carlos Gomez alleges that defendants Ford Motor Company and Norm Reeves Ford Superstore violated the warranty provisions of the Song ...
2024.03.06 Demurrer to FAC 683
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.06
Excerpt: ...ion, third cause of action for breach of fiduciary duty, fifth cause of action for constructive trust, and sixt h cause of action for declaratory relief on the grounds that they do not state facts sufficient to constitute a cause of action. Background Plaintiff Edward Santistevan alleges that he and decedent Sylvia M. De La Rosa were registered domestic partners, commencing in 2012. From 2012 to her death in 2021, they purchased various real prop...
2024.03.05 Motion to Compel Responses, for Sanctions 774
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.05
Excerpt: ... for Request for Production as to Plaintiff Realty Specialties, Inc. is GRANTED. IV. Sanctions are awarded in the total reduced amount is $2,184.50. Defendant Gill to give notice. Background On December 30, 2022, Plaintiff Realty Specialties, Inc. (“Plaintiff”) filed a Complaint for breach of contract, violation of Penal Code § 496, and conversion against Defendants Sher Singh Gill (Gill) and Satvinder S. Ghotra. On July 31, 2023, Gill serve...
2024.03.05 Motion for Summary Judgment 271
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.05
Excerpt: ...il 8, 2022. The operative Complaint alleges that: “Senior Operations contracted with King Data Services… in 2003 to provide document storage services…. The Contract required that King Data provide 30 days written notice before implementing a change in rates. The Contract had no set term for the length of the Contract or any penalty or break-up fee when the Contract or business relationship ended.” (Complaint ¶7.) Defendant/Cross-Complain...
2024.03.05 Discovery Motions, Motion for Sanctions 773
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.03.05
Excerpt: ...otions as to Defendant KAS Produce, Inc are DENIED as MOOT. The request for sanctions is DENIED. Plaintiff to give notice. Plaintiff William Lezama (“Plaintiff”) moves to compel responses to Form Interrogatories, Special Interrogatories, and Requests for Production of Documents (Set One) as to Defendants Emmanuel Romero (“Defendant Romero”) and KAS Produce, Inc. (“Defendant KA S Produce”). Plaintiff also moves to have requests for adm...
2024.02.29 Motion to Enforce Settlement 420
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.29
Excerpt: ...ndant's CCP §99 8 Offer. (Id. ¶3.) On August 22, 2023, Plaintiff filed his written acceptance of Defendant's CCP §998 Offer. (“Acceptance”) (Id. ¶4.) On August 25, 2024, this Court granted Defendant's pending Motion for Reconsideration of its Motion for Summary Judgment and its Motion for Summary Judgment. (Id. ¶5.) On August 28, 2023, Defendant served Plaintiff by email its withdrawal and revocation of its Offer. In Opposition, Defendan...
2024.02.29 Motion for Summary Judgment 049
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.29
Excerpt: ...for cash advances. Plaintiff's Form Complaint asserts the following causes of action: (1) Breach of Written Contract (2) Breach of Contract (Implied in Fact) (3) Money Lent (4) Money Paid (5) Open Book Account (6) Account Stated Plaintiff now moves for summary judgment. The elements of a cause of action for breach of contract are as follows: (1) existence of contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breac...
2024.02.29 Demurrer, Motion to Strike 185
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.29
Excerpt: ...INUED to March 12, 2024 at 9:30 a.m. in Dept. SE -F. Moving Party to give Notice. Motion for Appointment of Discovery Referee Plaintiff-in -Intervention PHILADELPHIA INDEMNITY INSURANCE COMPANY and Defendant MIGUEL ANGEL PACHECO (collectively “Moving Party”) move for the appointment of a discovery referee to preside over oral depositions based upon the manner in which Plaintiff's counsel has conducted herself during several depositions. Movin...
2024.02.28 Demurrer to FAC, Motion to Strike 407
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.28
Excerpt: ...rred and does not state facts sufficient to constitute a cause of action. Defendant also moves to strike the claim for punitive damages. Background Plaintiffs Karina Hinojosa and Luis Alejandro Garcia allege that defendant General Motors LLC violated the Song -Beverly Act and fraudulently induced plaintiffs into purchasing a 2018 GMC Sierra manufactured by the defendant. They allege that defendant misrepresented that there were no transmission de...
2024.02.28 Motion for Terminating Sanctions 227
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.28
Excerpt: ... 2024. Background This is a landlord-tenant dispute between Plaintiff and Defendants Carolina Cortazar, Steven Mitchell, and Carlos Sandoval. Plaintiff alleges that Defendants unlawfully entered the leased property on several occasions, threatened Plaintiff, removed Plaintiff's personal property, and wrongfully evicted Plaintiff. Legal Standard If a party fails to comply with a court order compelling discovery responses or attendance at a deposit...
2024.02.28 Motion to Compel Further Docs, for Monetary Sanctions 824
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.28
Excerpt: ...ourt order of November 21, 2023. Defendant has only produced its income tax returns from 2020 and 2021 and Plaintiff requests pay roll records. Plaintiff also requests monetary sanctions. Background Plaintiff alleges that Defendant Passport Foods (SVC) fraudulently represented to its senior secured lender, Continental Republic, that it had accounts receivable worth $1,759,669 when the accounts receivable was worth only $25,000. Continental Republ...
2024.02.22 Demurrer 541
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.22
Excerpt: ...r “Ford”) did not disclose and actively concealed defects involving Ford's Transmission Defect affecting Plaintiff's 2018 Ford Expedition vehicle. (See e.g., Complaint ¶¶9, 36.) Defendant Norm Reev es Ford Superstore (“Defendant” or “Norm”) is alleged to be the dealership wherein Plaintiff purchased the subject vehicle. Plaintiff's Complaint asserts the following causes of action: (1) Violation of Cal. Civ. Code §1793.2 (2) Violati...
2024.02.22 Motion to Compel Further Responses 271
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.22
Excerpt: ...be extended by agreement of the parties. Moving Party to give notice. This action for breach of contract was filed by Plaintiff SENIOR OPERATIONS LLC (“Plaintiff”) on April 8, 2022. The operative Complaint alleges that: “Senior Operations contracted with King Data Services… in 2003 to provide document storage services…. The Contract required that King Data provide 30 days written notice before implementing a change in rates. The Contrac...
2024.02.21 Demurrer 104
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.21
Excerpt: ...481 and 4493 Firesonte Boulevard, South Gate, CA 90280. Legal Standard The party against whom a complaint has been filed may object to the pleading, by demurrer, on several grounds, including the ground that the pleading does not state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) A party may demur to an entire complaint, or to any causes of action stated therein. (CCP § 430.50(a).) “‘[A] demurrer based on an affirmat...
2024.02.15 Motion to Strike 451
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.15
Excerpt: ...as filed. Plaintiffs allege that “[t]he tortious conduct giving rise to this action resulted in a collision occurring on September 12, 2022, on southbound Interstate -15 (the ‘Interstate')… in which EDGAR RIVELINO LOPEZ VASQUEZ and JORGE CISNEROS AGUILA (‘the deceden ts') were killed and Plaintiff RODOLFO ABUNDIZ BRAVO was injured.” (FAC ¶1.) ”On or about November 17, 2008, Defendant BAUTISTA negligently operated the TRUCK -TRAILER, ...
2024.02.15 Motion for Summary Judgment, Adjudication 662
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.15
Excerpt: ...t Defendants Inclusion Services, LLC; Inclusion Specialized Supporting Living Services, LLC; and the State of California on January 29, 2020. On June 3, 2021, a First Amended Com plaint (“FAC”) was filed. The FAC was amended on January 10, 2023 to name Tri -Counties Regional Center (“TCRC”) and Eastern Los Angeles Regional Center for the Developmentally Disabled, Inc. (“ELRC”) as defendants. On October 27, 2023, the operative Second A...
2024.02.15 Demurrer, Motion to Strike 925
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.15
Excerpt: ...��Plaintiff”) on September 15, 2023 . Plaintiff alleges that AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) did not disclose and actively concealed defects involving the Honda Sensing Defect affecting Plaintiff's 2021 Honda Accord vehicle. (See e.g., Complaint ¶¶8, 24.) Plaintiff's Complaint asserts the following causes of action: (1) Violation of Song -Beverly Act (Breach of Express Warranty); and (2) Fraudulent Inducement �...
2024.02.14 Motion to Compel Further Responses, for Sanctions 065
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.14
Excerpt: ...nort (Plaintiff) seeks to compel further responses to his Requests for Production (set one) and Form Interrogatories (set one). Plaintiff and Defendant State of California (the State) seek sanctions. Background This is a single motor vehicle accident which occurred when Plaintiff drove his motorcycle on Beverly Boulevard to enter the on- ramp of Interstate 605. Plaintiff alleges he was thrown from his motorcycle when it made contact with a drop- ...
2024.02.14 Motion to Compel Arbitration and Stay Proceedings 360
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.14
Excerpt: ... Contract (RISC) to finance their purchase of a 2018 Honda Civic from Honda World. Plaintiffs contend that the vehicle was defective an d attempts to repair the vehicle failed to cure the defects. Plaintiff filed a Complaint against Defendants Nissan and Cerritos Nissan alleging violations of the Song- Beverly Act. Defendant now seeks to compel arbitration under the RISC and its accompanying arbitration agreement. The arbitration provision in the...
2024.02.14 Motion for Protective Order 004
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.14
Excerpt: ...deposing Councilmembers Bruce Barrows, Naresh Solanki, and Choung Vo. Background This is a trip and fall case. The operative First Amended Complaint (FAC) alleges: “Plaintiffs are informed and believe and, based on such information and belief, alleges that on or about September 26, 2021, the City of Cerritos maintained the sidewalk located between 13745 and 13751 Beach Street Cerritos, CA 90703. Plaintiffs allege Defendant Brightview Tree Care ...
2024.02.14 Motion for Judgment on the Pleadings 656
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.14
Excerpt: ...lly assaulted by his teacher, Frederick David Johnson while he was a student at Bell Gardens High School during the 1990- 1991 school year. Plaintiff filed a Second Amended Complaint pursuant to Assembly Bill 218 (AB 218), for: 1. Negligence (against Defendant) 2. Negligence (against DOES 2 -25) 3. Negligent Hiring (against Defendant) 4. Negligent Hiring (against DOES 2 -25) Defendant filed a Cross- Complaint against Frederick David Johnson for T...
2024.02.08 Demurrer 126
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.08
Excerpt: ...slado and his nephew Plaintiff Erik were looking to purchase an investment property…. It was agreed between the family members that the money for the purchase of the property would be put in by all of them but Genaro and Gustavo transferred all of their rights concerning this case to the Plaintiffs. When looking for an agent, Erik was referred to Defendant Karen…. Erik got into contact with Defendant Karen who ten referred Erik to speak to De...
2024.02.08 Application for Right to Attach Order 153
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.08
Excerpt: ...chment against Defendant MEDMEN ENTERPRISES, INC. (“Defendant”) in the amount of $234,543.18. “The application [for a writ of attachment] shall be supported by an affidavit showing that the plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based.” (CCP §484.030.) “The declarations in the moving papers must contain evidentiary facts, stated ‘with particularity' and based on actu...
2024.02.08 Motion to Compel Further Responses 464
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.08
Excerpt: ...tion to Compel Further Responses to Form Interrogatories (set two) from Plaintiff MINGHUI TANG is GRANTED. Moving Party to give Notice. This action was filed by Plaintiffs ZHIKUI JIANG and MINGHUI TANG (collectively “Plaintiffs”) on August 20, 2020. On February 18, 2021, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges that in 2018, Plaintiffs were foreign owners and sellers of certain real properties in the Unite...
2024.02.08 Motion to Compel Further Responses 704
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.08
Excerpt: ...and For Production of Documents (set one) is DENIED. IV. Plaintiff DAVID J. LEE's Motion to Compel Defendant NELLIS BUILDING SERVICE, INC.'s Further Responses to Special Interrogatories (set one) is DENIED. Opposing Party(s) to give Notice. No Replies filed as of February 5, 2023. Due by February 1, 2023. (CCP §1005(b).) This wrongful termination action was filed by Plaintiff DAVID J. LEE (“Plaintiff”) against Plaintiffs BASE HILL, INC. (“...
2024.02.07 Motion to Compel Further Responses, for Sanctions 086
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.07
Excerpt: ...eek sanctions. Background On October 24, 2022, Plaintiffs filed a Complaint against Defendant American Honda Motor Co., Inc. (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle and Fraudulent Concealment. Legal Standard CCP § 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or...
2024.02.07 Motion to Compel Further Responses 928
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.07
Excerpt: ...r 3, 2022, Plaintiff filed a Complaint against Defendant Volkswagen Group of America (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle and against Irvine Auto Retail II, Inc. (Irvine Auto) for negligent repair. Legal Standard CCP § 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or eva...
2024.02.07 Demurrers 050
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.07
Excerpt: ...sustained from an alleged assault and battery which occurred on October 1, 2020, while Plaintiff was responding to Defendant Doe's mental health emergency as part of a local medical response team. Plaintiff alleges that she was approached by Defendant Doe while Defendant Doe was in an erratic and altered state upon arrival at the scene. Defendant Doe assaulted Plaintiff while Plaintiff was waiting at the entrance to Defendant Doe's residence. (Co...
2024.02.07 Demurrer, Motion to Strike 312
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.07
Excerpt: ...cond Amended Complaint (SAC). Background Plaintiffs filed the SAC in the individual capacity and as successors in interest against Defendants LBJ Healthcare Partners, Inc., Special Service For Groups, Inc., Amada Enterprises, Inc., and Linda Torres for claims arising out of the death of their daughter Nicole Lacea Higgins (Decedent) after she was admitted to Defendants' mental health facility by her conservator. Decedent alleged was allowed to le...
2024.02.07 Demurrer 188
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.07
Excerpt: ...ges that Defendant City of Hawthorne (Defendant) lacked probable cause to arrest Plaintiff for a violation of the Vehicle Code §10851(A). The Complaint asserts the following causes of action: (1) Violation of Civil Rights for Unlawful Seizure and Arrest; (2) Violation of Civil Rights: Entity Liability; (3) False Arrest/False Imprisonment in Violation of Penal Code §236; (4) Negligence; and (5) Government Code Violation. On August 23, 2023 Defen...
2024.02.06 Motion to Compel Production of Personnel Records 425
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.06
Excerpt: ...5 years old. Plaintiff alleges she was subjected to ongoing grooming and multiple sexual assaults by Defendant Charles “Chuck” Drylie, a Whittier police officer designated as a Supervising Law Enforcement Police Explorers Advisor. On February 4, 2022, Plaintiff sued Defendants Drylie and the City of Whittier for Negligence, Negligent Training and Supervision, Sexual Battery, Sexual Harassment, and Gender Violence. On August 25, 2022, Plaintif...
2024.02.06 Motion to Compel Further Responses 249
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.06
Excerpt: ...urchaser of a 2020 Honda Pilot (the “Subject Vehicle”), which was distributed and warranted by Defendant AMERICAN HONDA NORTH AMERICA, INC. (“Defendant”). Legal Standard A party may make a demand for production of documents and propound interrogatories without leave of court at any time 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first. (Code Civ. Proc., § 2031...
2024.02.06 Motion to Compel Deposition 281
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.06
Excerpt: ...ir. Since December 14, 2022, Ford set Plaintiff's deposition six times. A year later, Plaintiff still has not appeared for his deposition. Despite Ford's multiple attempts to obtain this essential discovery, Plaintiff has failed to appear for his properly noticed deposition. On December 14, 2022, Ford sent Plaintiff a meet and confer requesting dates for Plaintiff's deposition. (Exhibit “A”; Declaration of Ravi K. Lally {“Lally Decl.”} ¿...
2024.02.06 Demurrers 846
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.06
Excerpt: ...n June 15, 2023, Plaintiffs Michael Thalkan and Brandi Thalken initiated this action asserting a cause of action against Defendant Ford Motor Company under the Song-Beverly Consumer Warranty Act (“Act”) for breach of express warranty, a second cause of action for fraudulent concealment against Ford Motor Company, and a third cause of action for negligent repair against Santa Margarita Ford. The Complaint alleges that on June 30, 2020, Plainti...
2024.02.01 Demurrer 428
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.02.01
Excerpt: ...RADOSLAV RAYCHEV, I, M.D. and Does 1 to 100 on June 24, 2021. On June 17, 2022, Lakewood Regional Medical Center, Inc. filed a Cross-Complaint against various cross-defendants, including Moving Party Defendant/Cross-Defendant BHAVIK THAKKAR, M.D. (“Dr. Thakkar” or “Defendant”). On July 24, 2023, Plaintiffs filed a Doe Amendment naming Dr. Thakkar as a defendant in the Complaint. Plaintiffs' allege that Defendants breached their duty of ca...
2024.01.31 Demurrer to FAC, Motion to Strike Punitive Damages 687
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.01.31
Excerpt: ...ud in the First Amended Complaint (FAC) and moves to strike the request for punitive damages. Background Plaintiffs Evelyn Celeste Garcia and Angel Olmeda Juarez filed a FAC against Defendant alleging that it violated the Song-Beverly Act and fraudulently induced Plaintiffs into purchasing a 2021 Chevrolet Silverado manufactured by Defendant. They allege that Defendant knew about a transmission defect and knew that the transmission installed in P...
2024.01.31 Motion for Sanctions 651
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.01.31
Excerpt: ...ndants Affluent Staffing, LLC and Office Chairs, Inc. for discrimination, wrongful termination, and Labor and Government Code violations arising out of a workplace injury in July 2017. Plaintiff alleges that Norberto Garcia was his supervisor and Defendant's production manager for 25 years. Legal Standard If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issu...
2024.01.31 Motion for Leave to File Complaint-In-Intervention 186
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.01.31
Excerpt: ...t the City of Norwalk (the City) for personal injuries from a Dangerous Condition of Public Property. Plaintiff alleges that while she was working as a cross guard outside of Glazier Elementary School, she tripped and fell over uneven pavement. The City filed a Cross-Complaint against Cross-Defendant Norwalk La Mirada School District (La Mirada) for Equitable Indemnity, Contribution, Apportionment, and Declaratory Relief. La Mirada filed a Cross-...
2024.01.31 Motion for TRO, Preliminary Injunction 111
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.01.31
Excerpt: ... against Defendants alleging: 1. Violation of Civil Code § 2923.6(f) 2. Violation of Civil Code § 2924.10 3. Violation of Civil Code § 2923.7(a) 4. Breach of Contract 5. Breach of Good Faith and Fair Dealings 6. Unfair Business Practices Plaintiff alleges as follows. He is the legal owner of real property commonly known as 228 North Hicks Ave., Los Angeles, CA 90606 (the Property). Plaintiff claims that, in exchange for a loan, he signed the p...
2024.01.30 Motion to Set Aside or Vacate Judgment, to Compel Deposition, for Monetary Sanctions 548
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.01.30
Excerpt: ...lus Ellis and Counsel, jointly and severally, in the reduced amount $2,732.50, payable within 30 days. Plaintiff to give notice. Defendant Blue Atlantic Partners, LLC moves for an Order to Set Aside Entry of Judgment due to mistake and/or excusable neglect. (CCP § 473(b).) Plaintiff Teachers Insurance and Annuity Association of America (“Plaintiff”) moves for an order compelling Defendant Marcellus Ellis to appear and testify at his depositi...
2024.01.30 Motion for Writ of Attachment 516
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.01.30
Excerpt: ...Defendant”). Defendant was a tenant of the premises Plaintiff used to own and sold to a third party in October 2022. Under the agreement between Plaintiff and the third-party buyer, Plaintiff was to collect unpaid rents from Defendant until the month of October 2022. (Chang Decl. ¶ 5- 6; Ex. A.) Plaintiff engaged an attorney in or around March 2023, and on March 16, 2023, Defendant promised that he would pay the sum on or before April 12, 2023...
2024.01.30 Motion for Summary Judgment 698
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.01.30
Excerpt: ...ike Thompson RV. Plaintiffs, KENNETH B. HORTON and CHRISTINA DUDKA (hereinafter "Plaintiffs") filed their Complaint with the Los Angeles County Superior Court on August 2, 2022. The Complaint asserts three causes of action under the Song-Beverly Consumer Warranty Act ("Song-Beverly") against Defendants Winnebago Industries, Inc. ("WNB"), Mercedes-Benz USA, LLC ("MBUSA"), and Mike Thompson RV 1 ("MTRV"): (1) Breach of Express Warranty; (2) Breach ...
2024.01.30 Motion for Summary Judgment 041
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.01.30
Excerpt: ...ants”) provided negligent care to her son Gerardo Lorenzo Molina (“Decedent”) in the Whittier Hospital Medical Center emergency department, resulting in his death two days later. Defendants move for summary judgment based upon the declaration of their expert witness who opines that neither Dr. Yeh nor Mr. Panlilio breached the standard of care at any time. Plaintiff's opposition is based upon the declaration of her expert witness who opines...
2024.01.30 Motion for Judgment on the Pleadings, to Dismiss 133
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.01.30
Excerpt: ...020, SM Logistics Rialto LLC (“SM Rialto”) entered into a lease with RD Real Estate Holdings, LLC f/k/a Rialto Holdings, LLC (“RH”) which gave RH the exclusive option to purchase the Property. (FAXC, ¶ 47.) Promptly after execution, a memorandum of the lease and option was recorded. (Id.) Saadia Square, LLC (“Saadia”) participated in and was apprised of SM Rialto's negotiations to enter into a lease and option with All- Ways. (FAXC, ...
2024.01.30 Demurrer 633
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.01.30
Excerpt: ...S ANGELES, negligently collided into Plaintiff's vehicle. The collision occurred on December 9, 2021. Based thereon, Plaintiff brings a single cause of action for Negligence seeking property damages and damages for medical and related expenses. Judicial Notice California Evidence Code section 452(c) authorizes judicial notice of “[o]fficial acts of the legislative, executive, and judicial departments of the United States and of any state of the...
2024.01.26 Motion for Summary Judgment 400
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.01.26
Excerpt: ...��) and O&C Hillside Resources Management Co. (“O&C Hillside”), alleging Breach of Contract, Breach of Implied Covenant of Good Faith and Fair Dealing, and Declaratory Relief. In a First Amended Complaint filed on February 6, 2023 (“FAC”) Plaintiff alleged that on January 3, 2020, Plaintiff entered into a Sale of Business agreement with O&C Hillside to purchase the business known as ARCO AM PM 6545 located at 13550 Beach Blvd, La Mirada, ...
2024.01.25 Motion to Compel Signed Authorizations for Release of Records 424
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.01.25
Excerpt: ...Background This lawsuit concerns an alleged sexual abuse and harassment of Plaintiff Alexis L. by Defendant Scott Waln, a teacher at Los Alisos Middle School within the school district of Defendant Norwalk/La Mirada Unified School District, during the 2019-2020 school year. Defendant seeks an order compelling Plaintiff to sign authorizations for release of records, Plaintiff's treating physicians release of records, or an order excluding Plaintif...
2024.01.25 Motion for Judgment on the Pleadings 483
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.01.25
Excerpt: ...e Villegas Defendants and the Moving Defendant are not similarly situated. It is unclear how the arguments applicable to the Moving Defendant would also identically apply to the Villegas Defendants, and the Villegas Defendants fail to assist the Court in understanding how the arguments raised by the Moving Parties can be attributed to the Villegas Defendants as well. The Villegas Notice of Joinder merely states: “[The Villegas Defendants] hereb...
2024.01.25 Demurrer 255
Location: Los Angeles
Judge: Tsao, Lee W
Hearing Date: 2024.01.25
Excerpt: ...ith VGA regarding a 2021 Volkswagen JETTA SEDAN… (‘the Subject Vehicle')….” (Complaint ¶16.) “Defects and nonconformities to warranty manifested themselves within the applicable express warranty period. The nonconformities substantially impaired the use, value and/or safety of the Subject Vehicle.” (Complaint ¶17.) “VGA was unable to conform the Subject Vehicle to the applicable express warranty after a reasonable number of repair...

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