Excerpt: ...UPE ROJAS on February 2, 2017. Plaintiffs allege that on February 8, 2015, Plaintiff MIGUEL ROJAS HERNANDEZ was attacked by a patron of Defendant POTRERO, INC dba EL POTRERO CLUB AND RESTAURANT (“Potrero”). Potrero contracted for security guard services with the Moving Party herein, Defendant CALIFORNIA FORCE PATROL, INC. (“Moving Party”). The relevant facts, as alleged, are as follows: “A verbal altercation occurred between Plaintiffs'...

Excerpt: ...ntroversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (CCP 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create confl...

Excerpt: ...position(s) filed as of June 13, 2019. This action for breach of insurance contract was filed by Plaintiff OSCAR BARRAGAN on March 8, 2019. Plaintiff alleges that he “was the insured pursuant to a written policy of insurance covering a vehicle owned by plaintiff…issued by defendant Geico Indemnity Company.” (Complaint ¶3.) Plaintiff further alleges that in October 2017, the vehicle covered under the subject policy was damaged in an automob...

Excerpt: ...34.04. At the hearing, the court shall consider the showing made by the parties appearin g and shall issue a right toattach order, which shall state the amount to be secure d by the attachment determined by the court inaccordance with Section 483.015 or 483.020, if it finds all of the following: 1. The claim upon which the attachment is based is one upon which an attachment may be issued 2. The plaintiff has established the probable validity of t...

Excerpt: ...strike. (Matson v. Dvorak (1995) 40 Cal.App.4th 539, 548; Dixon v. Superior Court (1994) 30Cal.App.4th 733, 742; Wilcox v. Superior Court (1994) 17 Cal.App.4th 809, 819.) A defendant need not firstestablish that his actions are constitutionally prot <00490003004f0044005a00 110003> (Wilcox v.Superior Court, supra, 17 Cal.App.4th at 820.) However, a defendant is required to make a prima facie s howingthat plaintiff's suit arises from any act of def...

Excerpt: ...ions to either party. K&M is to give NOTICE. Cross-Defendant Lemieux moves to quash the deposition subpoena issued to Barber & Bauermeister (“B&B”). If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in sub...

Excerpt: ...re overruled. A defendant moving for summary judgment/adjudication has met its burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP 437c(p)(2).) Paige contends that all causes of action fail against her because no enforceable contract was ever created; Defendant never made a false representation; Defendant never wrongfully interfered with Fle...

Excerpt: ... granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. (CCP 1008.) The legislative intent was to restrict these motions to circumstances ...

Excerpt: ...ting to the property or transaction which is the subject of the action and that person is so situated that the disposition of the action may as a practical matter impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by existing parties, the court shall, upon timely application, permit that person to intervene. Plaintiff filed a complaint for Quiet Title and other tort cla...

Excerpt: ...: The Unfair Business Practices Act shall include “any unlawful, unfair, or fraudulent business act or practice.” (B&P Code 17200.) A plaintiff alleging unfair business practices under these statutes must state with reasonable particularity the facts supporting the statutory elements of the violation. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 619.) ¶15 alleges that Defendants violated the Homeowners' Bill of Rights...

Excerpt: ...tiff PGG ENTERPRISE CORPORATION on August 23, 2018. Plaintiff alleges that the parties entered into a commercial lease “wherein defendant GAYNEL E. RADER and Fred Rader agreed to lease the subject property to the plaintiff for a period of fifteen years….” (FAC ¶6.) “At the time the Commercial Lease was entered into, it was contemplated that the plaintiff would operate a Circle K convenience store wherein certain improvements would be und...

Excerpt: ...y is an apex officer, with no knowledge of the subject medical treatment that Plaintiff experienced and lacks any knowledge that will reasonably lead to the discovery of admissible evidence. “Unless otherwise limited by order of the court in accordance [with the Discovery Act], any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action . . . if the matter . . . appe...

Excerpt: ...ualify Discovery Referee Pursuant to CCP §§170.6 and 170.1 is DENIED. Opposing Party to give Notice. Defendants SHOWROOM INTERIORS, LLC and SHOWROOM, INC.'s demurrer to Plaintiff's Fourth Amended Complaint At the outset, the Court finds that the instant demurrer was filed without first complying with the mandatory meet and confer requirement set forth in CCP §430.41(a). (See Berglund Decl., ¶4.) Notwithstanding the parties' failure to comply ...

Excerpt: ...state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of the following: 1.The claim upon which the attachment is based is one upon which an attachment may be issued 2.The plaintiff has established the probable validity of the claim upon which the attachment is based 3.The attachment is not sought for a purpose other than the recovery on the claim upon which the atta...

Excerpt: ...V.Defendant City of Whittier's motion to compel the deposition of Plaintiff Pablo Martinez is GRANTED. No sanctions. Defendant to give NOTICE. I.Protective Order Plaintiffs Isaac Cuevas, Andres Cuevas, and Pablo Martinez's motion for protective order is DENIED. Minor Plaintiffs Isaac Cuevas, Andres Cuevas, and Pablo Martinez move for a protective order pursuant to CCP 2019.030. “(a)¿The court shall restrict the frequency or extent of use of a ...

Excerpt: ...ut his alleged actions. Does rebuffing a supervisor's sexual advances constitute protected activity under California law? The Court notes that there is a split of authority on this issue under federal law. Compare Ogden v. Wax Works, Inc., 214 F.3d 999, 1008 (8 th Cir. 2000) (rebuffing a supervisor's sexual advances constitutes “the most basic form of protected activity” in retaliation claims) and EEOC v. New Breed Logistics, 783 F.3d 1057, 1...

Excerpt: ...ion subpoena obligates any resident of California to appear, testify, and produce whatever documents or things are specified in the subpoena. (CCP §2020.220(c).) A deposition subpoena is enforceable either by a motion to compel compliance, or contempt proceedings. (See CCP §§1987.1, 2025.480(b).) No Opposition has been filed as of May 21, 2019. The unopposed Motion to Compel Deposition of Witness Nicholas Lucas is granted. Defendant has submit...

Excerpt: ...rer, the Court treats all properly pleaded facts in the complaint as admitted. (Blank v. Kirwan(1985) 39 Cal.3d 311, 318.) The demurrer is limited to the four corners of the pleading, and any additional facts which are properly the subject of judicial notice. (CCP §430.30(a).) While the Court is empowered to take judicial notice of discovery responses, it is not permitted to use the vehicle of judicial notice to transform the demurrer into an im...

Excerpt: ...ves for judgment on the pleadings as to the sole cause of action for breach of contract in the First Amended Cross-complaint (“FACC”) filed by Cross-complainant 5633 Maywood, LLC's (“Cross-complainant”) on December 12, 2018. Cross-defendant's request to take judicial notice of two recorded documents filed with LA County Recorder's Office is granted. (Evid. Code, § 452(e); Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540,...

Excerpt: ...beral approach to amendment of pleadings in light of a strong policy favoring resolution of all disputes between parties in the same action. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Pursuant to this liberal policy, requests for leave to amend will normally be granted unless (a) the party seeking to amend has been dilatory in bringing the proposed amendment before the court; and (b) the delay in seeking leave to amend will cause prejudic...

Excerpt: ...responding party, and any other party or affected natural person or organization may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (CCP 2030.090(a), 2031.060(a), and 2033.080(a).) The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppress...

Excerpt: ...and argue the merits on the continued hearing date. If counsel are unable to informally resolve their discovery disputes, then counsel are instructed to submit a joint statement outlining the remaining disputed issues for which a ruling is required. The joint statement must be FILED on or before June 3, 2019. A courtesy copy of the joint statement must be delivered directly to Department SE-C no later than 3:00 p.m. on June 3, 2019. Plaintiff is ...

Excerpt: ...ompel production of documents (1) created in and after March 2017 and (2) relating to Plaintiff's mental or emotional condition. Plaintiff's and Defendant's requests for sanctions is DENIED. Plaintiff is to give notice. BACKGROUND This personal injury action was filed on July 13, 2017. Plaintiff alleges that he was a kindergarten student at Defendant Bellflower Unified School District (“BUSD”) from September 2016 to March 2017. Plaintiff alle...

Excerpt: ...and/or lease holder is a public nuisance. On January 10, 2018, trial commenced. The Court found Defendant Elaine L. Benson is deceased as of 2009 and denied defense's request to dismiss the case and Plaintiff's request for the Court to voir Steve Benson and to proceed to trial. The Court granted Plaintiff's request to continue the matter. Plaintiff amended the complaint on January 25, 2018, naming Steven Benson, individually as a defendant in pla...

Excerpt: ...TITLE INSURANCE COMPANY (“Cross-Defendant”) on October 1, 2018. On December 28, 2018, Defendants/Cross-Complainants WASHINGTON & AKCERN INVESTMENT, LLC and SERGE GHARIBIAN (collectively “Cross-Complainants”) filed the subject Cross-Complaint. The Cross-Complaint asserts one sole cause of action for Declaratory Relief. Cross-Defendant demurs to the Cross-Complaint on the following grounds: (1) the Cross-Complaint is unnecessary and duplica...

Excerpt: ...…in which the mental…condition…of that party…is in controversy in the action.” (CCP §2032.020(a).) “The court shall grant a motion for a…mental examination…only for good cause shown.” (CCP §2032.320(a).) Defendants' expert, Dr. Purisch initially examined Plaintiff on October 26, 2016. Plaintiff's expert, Dr. Reading, initially examined Plaintiff on November 8, 2016. Dr. Reading recently performed a second, follow-up examinatio...

Excerpt: ...17. Plaintiff alleges that Defendants knowingly rented her an illegal converted garage in violation of statutes, ordinances, and the laws of the city of Bell. “At the time the property was rented to the plaintiff the defendants and each of them were not permitted by the City of Bell to rent the property to the plaintiff and were not permitted to collect rent from the plaintiff.” (Complaint, Att. BC-2.) Plaintiff's Form Complaint asserts the f...

Excerpt: ...to file and serve their Answers within 10 days. IV. Defendant Sanchez's motion to strike is moot in light of the court's grant of leave to amend. Defendants Vasquez and Zakaria's motion to strike is DENIED. Defendants Vasquez and Zakaria are ordered to file and serve their Answers within 10 days. Moving parties to give NOTICE. I-II. Motion to Quash Defendants Martinez and Donald and Pinky Jervis move to quash service of summons pursuant to CCP §...

Excerpt: ...d on the ground that they fail to state facts sufficient to constitute a cause of action. The elements for a cause of action for Fraud are: 1) misrepresentation (false representation, concealment, or nondisclosure); 2) knowledge of falsity (scienter); 3) intent to defraud or induce reliance; 4) justifiable reliance; and 5) damages. (See CC 1709.) Fraud actions are subject to strict requirements of particularity in pleading. (Committee on Children...

Excerpt: ... §1987.1. However, the Court grants a protective order limiting the scope of the subpoenas, as the subpoenas are overbroad. II. Plaintiff's Motion to Compel AMAN BERI to produce documents in response to Second Amended Notice of Deposition is DENIED. I. Plaintiff's Motion to Compel AVA BERI RESTAURANTS GROUP, INC.'s PMK to produce documents in response to Third Amended Notice of Deposition is DENIED. Defendant AVA BERI RESTAURANTS, INC. to give N...

Excerpt: ...is DEEMED FILED and SERVED as of the date of the Court's issuance of this Order. All parties are ORDERED to appear for a CASE MANAGEMENT CONFERENCE on Thursday, June 6, 2019 at 8:30 a.m. in Department SE-F The Court notes that Defendant makes both a motion to quash and a motion to set aside default. Given that Defendant is currently in default, the only motion that she may properly make is one to set aside the default. As Defendant's default has ...

Excerpt: ...ce. Defendant's Motion to Strike Portions of Plaintiff's Second Amended Complaint Defendant argues that portions of Plaintiff's SAC should be stricken pursuant to CCP §436. The Court disagrees. Plaintiff's SAC was filed without leave of Court, and should be stricken in its entirety. Defendant's arguments in its Motion to Strike Portions of Plaintiff's SAC are MOOT. Each party has the right to amend its pleadings once without leave of court at an...

Excerpt: ...erest to Zula Seaborn (collectively “Plaintiffs”) allege Defendants KND Development 53, LLC dba Kindred Hospital South Bay (“Kindred Hospital”), Mirada Hills Rehabilitation and Convalescent Hospital dba Life Care Centers of America, Inc. (“Mirada Hills”), Star Home Health Services, Inc., and California Post Acute Care failed to provide appropriate care and treatment to Zula Seaborn (“Decedent”). On October 4, 2018, Plaintiffs file...

Excerpt: ...RULED as to the prayer for injunctive relief. CCP § 430.10 Plaintiff H.P. Automotive and Tow, Inc. dba Huntington Park Tow Service (“Plaintiff”) alleges that Defendant City of Huntington Park (“Defendant”) breached a long term contract it had with Plaintiff to provide Defendant's police garage, towing and storage services. (Compl. ¶ <00510047004b0058000300 00b4000c000300440051[d Gurmit Kaur purchased Plaintiff from its prior owners, and...

Excerpt: ...MENT, LLC's motion to bifurcate is DENIED WITHOUT PREJUDICE. Moving Party to give Notice. Motion to Stay Proceedings On April 11, 2019, the Court initially heard this motion and continued it to today's hearing. The parties have not filed any documents related to this motion since April 11, 2019. Pursuant to CCP §128(a)(8), every court has the power to “control its process and orders so as to make them conform to law and justice.” (Id.) Indee...

Excerpt: ...idential property within a community known as Friendly Hills Estate, and that his home is managed by the Friendly Hills Estate Homeowner Association, Inc. (“FHEHA”). Plaintiff alleges that Defendant Kyu Baik Hwang also owns residential property within Friendly Hills Estate and is a member of FHEHA. On October 25, 2018, Plaintiff filed an Amendment to Complaint naming Defendant Seon Ik Hwang (“Defendant”) as a defendant in this matter. Pla...

Excerpt: ...d cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. (CCP 418.10.) Defendant's motion is untimely. Defendant should have filed her motion “before the last day of his or her time to plead,” which was in November 2007. Further, default judgment was entered against Defendant Hernandez on 2/27/09 and renew...

Excerpt: ...e to strike punitive damages pursuant to CCP §437. Second Amended Cross-Complaint (“SAXC”) Cross-Complainant Lodi Realty, L.P. (“Lodi”) alleges that Cross-Defendants Royal Color Graphic Design, Inc. (“Royal”) and Shahabian breached the lease and guaranty, and committed conversion and waste when they removed the “Must Remain Items” from the premises. Based on these facts, Lodi asserts causes of action for: 1. Breach of Lease (v. a...

Excerpt: ...H KUMAGAYA is ORDERED to pay Defendant NASSR and his counsel of record, sanctions in the total amount of $720.00 ($300/hr. x 2 hrs.) + ($120.00 costs) no later than 30 days from the Court's issuance of this Order. Defendant CHRISTEN OH KUMAGAYA is ORDERED to provide verified responses to Special Interrogatories (Set Four), without objection no later than 15 days from the Court's issuance of this Order. This date may be extended pursuant to agreem...

Excerpt: ...redes was a claimant. Maria[1] bases her demurrer on the fact that a judgment that has been entered in the family law court, over which the family court has retained jurisdiction. But a demurrer for another action pending will not lie when the prior action has already resulted in a judgment. "Where the first action is concluded by judgment or dismissal before the second action is commenced, the plea of another action pending is untenable. [Ci...

Excerpt: ...ANDEZ on December 18, 2017. The facts, as alleged in Plaintiff's operative pleading, are as follows: “Defendants VALENZUELA TRANSPORTATION… were the respective owners, drivers, employees, agents, partners, and/or joint ventures of a certain vehicle, consisting of a tractor coupled to and/or otherwise attached to a trailer.” (FAC ¶7.) “On or about January 12, 2016, [a] tractor-trailer was parked and positioned at [a] receiving dock, with ...

Excerpt: ... for terminating sanctions against Plaintiff HONG DANG is GRANTED. I. Defendant UU HORSE, INC.'s motion for terminating sanctions against Plaintiff THANH NGUYEN is GRANTED. I. Defendant UU HORSE, INC.'s motion for terminating sanctions against Plaintiff KHAI NGUYEN is GRANTED. Moving Party to give notice. No Opposition(s) filed as of April 12, 2019. Motion for Determination of Good Faith Settlement In determining the good faith of a settlement, t...

Excerpt: ...ANDEZ on December 18, 2017. The facts, as alleged in Plaintiff's operative pleading, are as follows: “Defendants VALENZUELA TRANSPORTATION… were the respective owners, drivers, employees, agents, partners, and/or joint ventures of a certain vehicle, consisting of a tractor coupled to and/or otherwise attached to a trailer.” (FAC ¶7.) “On or about January 12, 2016, [a] tractor-trailer was parked and positioned at [a] receiving dock, with ...

Excerpt: ...levant facts, as alleged, are as follows: “On or about 20 October 2015, Plaintiff went to SELLER's place of business to purchase a vehicle, and ended up purchasing a used 2013 TOYOTA CAMRY…. [¶] Prior to purchasing the VEHICLE, Plaintiff specifically asked SELLER if the VEHICLE had been in a prior accident, or had prior damage, or asked about the history of the vehicle. [¶] SELLER specifically stated to Plaintiff that the VEIHCLE had not be...

Excerpt: ...om his operation of a sugar cane juicer manufactured by VENCEDORA MAQTRON (“Maqtron”). Plaintiff's Complaint asserts the following causes of action: (1) Strict Products Liability; (2) Negligence; (3) Breach of Express Warranty; and (4) Breach of the Implied Warranty of Merchantability. In its Cross-Complaint, filed in October 2018, JC FOODSERVICE, INC. (“JC Foodservice”) alleges, in pertinent part, “The Complaint alleges that on July 7,...

Excerpt: ...8. The relevant facts, as alleged, are as follows: “This lawsuit arises out of an injury suffered by KWON resulting from an injection performed by Defendants, and SONG for loss of consortium. [¶] Plaintiffs seek to recover damages from a procedure involving an injection to Plaintiff's right ankle bringing about physical, mental, disfigurement and emotional injuries.” (SAC ¶¶9-10.) Plaintiffs allege that “Defendants injected a substance i...

Excerpt: ...medical malpractice was filed by Plaintiff MARY ANDRENETTA ANDERSON on July 25, 2018. The relevant facts, as alleged, are as follows: “On or about January 7, 2010, plaintiff was admitted to the hospital for surgery, which involved the amputation of both her legs beneath the knees. In the course of the treatment, the attending physician found it necessary to introduce and deploy a ‘caval filter placement' below plaintiff's ‘renal veins.'” ...

Excerpt: ...NTED. CCP §2033.280. Moving Party to give notice. Motion for Summary Judgment/Adjudication: This action for reformation was filed on May 16, 2018. Plaintiff alleges in pertinent part, “On or about September 22, 2005, the Leon Defendants encumbered the Property with a loan of $250,000.00 from American General Financial Services, Inc…. Plaintiff is the current holder of the Note and the record beneficiary of the Deed of Trust…. [¶] The lega...

Excerpt: ... for Appointment of Discovery Referee: “When the parties do not consent, the court may, upon the written motion of any party, or of its own motion, appoint a referee in the following cases…. (5) When the court in any pending action determines that it is necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report findings and make a recommendati...

Excerpt: ...denominated “Fraudulent Concealment and Bankruptcy Fraud” and “Aiding and Abetting Conversion.” The SACC fails to allege facts sufficient to state a cause of action, and any cause of action would be time barred. Further, Schrager has had three opportunities to attempt to state a valid claim, and has failed to do so. Nor has Schrager set forth any additional facts that he would allege if leave to amend is granted. The Court concludes that ...