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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 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...
2024.02.28 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 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...
2024.02.22 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...
2024.02.22 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...
2024.02.21 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 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. (“...
2024.02.08 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 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...

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