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Location: Los Angeles x
Judge: Hernandez, Peter A x
2023.10.03 Motion for Attorney Fees 912
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.03
Excerpt: ...about December 11, 2011, Plaintiffs and owners entered into a written agreement wherein Owners agreed to sell the Property to Plaintiffs for $650,000.00. Since Wang and Hu were going through a divorce at the time, the closing of escrow was set for ten days after the court entered an order approving the sale as set forth in the agreement. On/about January 2, 2014, the court entered an order directing the clerk to execute the necessary documents an...
2023.10.03 Demurrer 362
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.03
Excerpt: ... 2018, WETI's outstanding 1,000,000 shares were held as follows: 653,061 by Plaintiff, 100,000 by Claire Education Management Inc. and 246,939 by Pico Global LLC (of which Plaintiff is the managing member). In April 2018, Huandan Luan (“Luan”) approached Plaintiff with a business proposal, wherein Luan and her company, Brighten Investment Group, Inc. (“Brighten”) would invest money in WETI in exchange for the opportunity to apply for an i...
2023.09.29 Motion for Preliminary Injunction, to Vacate a Null and Void Disposition 430
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.29
Excerpt: ..., through Ganyu Huang aka Gary Huang (“Huang”), and Shamloo, with Abhari serving as a silent partner, entered into an “Asset Purchase Agreement” and a “Security Agreement” with Gordes for the transfer of ownership of Hamilton's Steakhouse (“Hamilton”) from Gordes, as seller, to Plaintiffs, as buyers. On June 18, 2020, LVGEM Hotel Corporation ( “LVGEM”), through Huang, and Shamloo, with Abhari serving as a silent partner of Sha...
2023.09.28 Motion for Mandatory Dismissal for Failure to Serve Complaint Within Three Years of Filing Action 127
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.28
Excerpt: ... a “strip mall” consisting of several units which were occupied by businesses owned by Brian Lai (“B. Lai”), including Central Furniture and Home Store (“Central Furniture”) and Yes 98 Cents, LLC (“Yes 98 Cents”). B. Lai is believed to be the sole member of AMCA. B. Lai, acting as a listing broker, listed the Property for sale; the listing advertisement stated that Yes 98 Cents was the anchor tenant of the Property. During or abou...
2023.09.28 Motion for Judgment on the Pleadings to SAC 291
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.28
Excerpt: ...emale, has worked for the California Department of Corrections and Rehabilitation (“CDCR”) for 24 years and holds the rank of Parole Agent III, Unit Supervisor, at the DAPO's El Monte GPS Parole Unit. In July 2017, Plaintiff overheard an African American colleague, Miatta Watts (“Watts”), refer to other CDCR department employees as “The Mexicans” to supervisor Ron Warner, a Caucasian male (“Watts/Warner incident”). Warner did not ...
2023.09.26 Motion to Compel Further Responses 835
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.26
Excerpt: ...he notice of ruling. Background Plaintiff Albertina Acevedo (“Plaintiff ”) alleges as follows: On November 23, 2020, Plaintiff purchased a 2021 Chevrolet Silverado, VIN #3GCPWDED9MG132613 (“subject vehicle”). General Motors LLC (“Defendant”) undertook to preserve or maintain the utility or performance of the subject vehicle via express warranties accompanying the sale of the subject vehicle. The subject vehicle suffers from engine, el...
2023.09.26 Demurrer to SAC 396
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.26
Excerpt: ...ge as follows: Sometime in 2019, Rajinder Adlakha (“Rajinder”) approached Vasisht about selling a commercial property and a business located thereon to Plaintiff. Rajinder represented that he was the owner of said commercial property on which he owned and operated a laundromat and check cashing business and that a 7-Eleven franchisee was a tenant of the other unit at the property. Rajinder also conveyed that he was the operator and day- to-da...
2023.09.26 Demurrer 126
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.26
Excerpt: ...een of the Valley Hospital (“Hospital”). Mao subsequently underwent two unnecessary surgical operations performed by Doctor Jared Sze Wei Wong (“Wong”) at Emanate Health Queen of the Valley Hospital, which left Mao in a vulnerable condition that led her to contract COVID-19 at a nursing home she had been sent to afterwards. Mao was rushed to the Emanate Health Inter- Community Hospital on December 21, 2020, but received negligent care fro...
2023.09.19 Motion for Preliminary Injunction 609
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.19
Excerpt: ... and/or neglect, including dilapidated and fire damaged structures. Defendants have failed to comply with multiple notices and correspondence issued by Plaintiff. On July 27, 2021, Plaintiff filed a complaint, asserting causes of action against Defendants EML, LLC (“EML”), Mohamed Iqbal Bholat (“Bholat”) (collectively, “Defendants”) and Does 1-50 for: 1. Public Nuisance 2. Municipal Code Violations 3. Declaratory and Injunctive Relief...
2023.09.18 Special Motion to Strike 601
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.18
Excerpt: ...orene"), Richard Fannan ("Fannan") and Vincent Quigg ("Quigg") (together, "Defendants") filed a "false and friwlous complaint" against Plaintiffs in probate court, Case No. YP0011705. Aimee suffered a mild heart attack during trial proceedings. Sandra has received documents from Quigg under Case No. 15N00433 which instruct her to go to court and indicate that she owes a balance of $81,364.00. Before the court date Plaintiffs received a letter sta...
2023.09.18 Motion to Compel Further Responses, for Sanctions 967
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.18
Excerpt: ...urther Responses to Form Interrogatories, Set 1 is DENIED as MOOT, except as to the issue of sanctions. Sanctions are awarded in the reduced amount of $660.00 and are payable within 30 days from the date of the notice of ruling. Background [1] Plaintiff Glorious Sky, LLC (“Glorious Sky”) alleges as follows: On May 3, 2022, a written agreement was made between Glorious Sky and Defendant MT Hermon LLC (“MT”) for bitcoin mining hosting and r...
2023.09.18 Motion to Compel Deposition of PMK 798
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.18
Excerpt: ...other, Defendant Adrian Salazar (“Adrian”), and Adrian's wife, Defendant Reina Guevara (“Guevara”). At the party, Ethan “impacted” a sliding glass door, which shattered into large, jagged pieces. One of these pieces pierced Ethan's abdomen. Andrea pulled this piece out of Ethan's abdomen, which further ruptured his organs and muscles. After the incident, Andrea physically and verbally harassed Victoria; although Victoria complained, s...
2023.09.14 Motion to Compel Arbitration 967
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.14
Excerpt: ...s, Inc. (MN), Polaris Sales, Inc., Polaris Industries, Inc. (DE) (collectively, “Polaris”), Seidner Enterprises LLC dba Bert's Mega Mall (“Seidner”), Cheyenne Rey (“Rey” and collectively with Polaris and Seidner as “Defendants”) and Does 1-100 for: 1. Strict Product Liability 2. Negligence 3. Failure to Warn 4. Negligent Recall 5. Violation of Cal. Bus. Prof. Code §§ 17200, et seq. On December 5, 2022, Polaris filed a cross-comp...
2023.09.13 Motion to Compel Further Responses 880
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.13
Excerpt: ...Plaintiffs filed a complaint, asserting a cause of action against Defendant and Does 1-10 for: 1. Violation of Song-Beverly Act—Breach of Express Warranty A Case Management Conference is set for September 13, 2023. Legal Standard “[T]he demanding party may move for an order compelling further response to the demand if the demanding party deems that. . . (1) A statement of compliance with the demand is incomplete[,] (2) A representation of ina...
2023.09.13 Demurrer 085
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.13
Excerpt: ...s as follows: Plaintiff told Ha Le ("Le") in December 2013 that she wanted to purchase a manufactured home commonly known as 901 S. Sixth Avenue, Space 284, Hacienda Heights, CA 91745 ("Manufactured Home.") Le told Plaintiff that she would be unable to hold title to same she was in the United States on a student visa. Plaintiff asked Le to assist her with the purchase of the Manufactured Home by holding title on her behalf. Le agreed. Plaintiff t...
2023.09.13 Application for Default Judgment 006
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.13
Excerpt: ...resa R. Baker, Irrevocable Trust Dated 09/02/97 (“JB”) in 2003, and acquired title to the subject property via a grant deed recorded January 13, 2003 (“Grant Deed-1”). Through mistake, error and/or inadvertence, the legal description in Grant Deed-1 fails to include certain language. The deed of trust recorded on January 13, 2003 (“DOT”) likewise contains the same erroneous legal description. On April 7, 2006, Judy, who originally acq...
2023.09.12 Motion for Reconsideration, to Expunge Lis Pendens 255
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.12
Excerpt: ... (“subject property”). On June 23, 2020, members of the El Monte Police Department (“Police”) executed a search warrant at the subject property. While executing the warrant, the Police observed that the subject property had been converted into marijuana cultivation facilities, containing numerous marijuana products in various stages of production. During the search, the Police encountered Defendants Timothy Earl Nilan (“Nilan”), Ivan ...
2023.09.12 Demurrer 968
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.12
Excerpt: ...) are married; Plaintiff is Citalli's father. In 1991, Plaintiff and his wife, Irene Gutierrez (“Irene”), purchased the property located at 2211 S. San Antonio Avenue, Pomona, CA 91766 (“subject property”). On May 16, 2002, Plaintiff and Irene refinanced and removed Maurilo and Ana Gutierrez from the deed. Plaintiff thereafter added Salvador E. Gutierrez (“Salvador”), to the title for co-signing purposes. Citalli returned to the subje...
2023.09.11 Motion to Strike, to Deem RFAs Admitted, for Sanctions 154
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.11
Excerpt: ...hat the truth of all matters specified in Plaintiffs' Requests for Admissions, Set No. One, deemed admitted against San Dimas PC. Sanctions are awarded in the reduced amount of $525.00 and are payable within 30 days from the date of the notice of ruling. 3. Plaintiffs Paul K. Schrieffer and Norma N. Schrieffer's Motion to Deem Requests for Admissions, Set One to San Dimas Pet Clinic Admitted is GRANTED. Pursuant to Code of Civil Procedure § 2033...
2023.09.06 Petition to Confirm Contractual Arbitration Award 408
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.06
Excerpt: ...l Enterprises, Inc. (Spectrum). On October 27, 2022, the court denied the First Petition without prejudice. On March 24, 2023, Petitioner filed the instant petition (“Amended Petition”). Legal Standard “Any party to an arbitration in which an award has been made may petition the court to confirm, correct, or vacate the award.” (Code Civ. Proc., § 1285.) “A petition to confirm an award shall be served and filed not later than four years...
2023.09.06 Demurrer 895
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.06
Excerpt: ...ial property located at 2551 Yorkshire Way, Pomona CA 91767 (“subject property”) from September 2018 to July 2019. The subject property was owned by Defendants Finnian Ebuehi (“Finnian”) and Elizabeth Ebuehi (“Elizabeth”) from August 13, 2018 to on or about April 27, 2020. The subject property suffered from numerous habitability issues during Plaintiff's tenancy, which Finnian and Elizabeth failed to ameliorate. On February 15, 2023, ...
2023.09.05 Motion to Correct Record, for Preliminary Injunction, to Void Transfer of Community Property 000
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.05
Excerpt: .... (“Aknine”), Key Ecommerce Inc. (“KEI”) and Yizhong Chen (“Chen”) (together, “Plaintiffs”) allege as follows: Plaintiffs' former employee, Zhongliang Wang (“Wang”), embezzled at least $4.5 million (“Stolen Funds”) from Plaintiffs' various business bank accounts between August 26, 2022 and September 9, 2022 and transferred the Stolen Funds to various bank accounts solely controlled and managed by him, including those opene...
2023.09.01 Demurrer to FAC 044
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.01
Excerpt: ...aths of travel which denied Plaintiff full and equal access. The Store is owned by Defendants Kevin Wejeh Diab (“Diab”), Fayad Elias Kassis (“Kassis”) and George Bahij Soukie (“Soukie”). On April 20, 2023, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Diab, Kassis and Soukie for: 1. Violation of The Unruh Civil Rights Act 2. Violation of the California Disabled Persons Act A Case Management ...
2023.08.29 Motion for Summary Judgment, Adjudication 127
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.29
Excerpt: ...� consisting of several units which were occupied by businesses owned by Brian Lai (“B. Lai”) (i.e., Central Furniture and Home Store [“Central Furniture”] and Yes 98 Cents, LLC [“Yes 98 Cents”].). B. Lai is believed to be the sole member of AMCA. B. Lai, acting as a listing broker, listed the Property for sale; the listing advertisement stated that Yes 98 Cents was the anchor tenant of the Property. During or about April 2014, after ...
2023.08.29 Motion for Judgment on the Pleadings 546
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.29
Excerpt: ...�), Rachel Chico (“Rachel”) and Frank Chico (“Frank”) allege as follows: In about January 2019, Antonio Chico (“Antonio”) was a patient at Riverside Heights Healthcare Center (“RHHC”) and Glendora Community Hospital. Defendants transferred Antonio from RHHC to Glendora Hospital shortly before his death. Antonio had a gastrointestinal hemorrhage during his hospital at Glendora Hospital, which was entirely preventable and not recogn...
2023.08.25 Demurrer, Motion to Strike 950
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.25
Excerpt: ...ction, and will require an offer of proof if so. 2. Defendants Infinity Care of East L.A., Inc.'s, Mohammad Kamdar's, Bina Kamdar's and Saif Amin's Motion to Strike Portions of Plaintiff's First Amended Complaint is DENIED as MOOT. Background Case No. 22PSCV00950 Hafiz alleges as follows: In or around 2007/2008, H. Amin, individually and as an agent or representative of all other defendants, accepted $400,000.00 from Hafiz and used that money to ...
2023.08.24 OSC Re Preliminary Injunction 436
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.24
Excerpt: ... for delivery orders received by WMI. Xiaojun Xu (“Xu”) was hired by 2Cube as a truck driver to deliver various goods to customers. From approximately January 2023 to present, Xu conspired with Pak Ho Lo (“Lo”), Swap Meet Depot (“SWAP”), MMS Depot (“MMS”) by stealing a portion of goods belonging to Plaintiffs from each delivery and delivering same to a warehouse in El Monte where SWAP and MMS are located. On May 11, 2023, Plaintif...
2023.08.23 Motion to Continue Trial 240
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.23
Excerpt: ...ober 29, 2019, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants C&L Refrigeration Corporation (“C&L”), Angle Ironworks, Inc. (“Angle”) and Does 1-50 for: 1. Negligence 2. Premises Liability On January 3, 2020, Plaintiff filed an “Amendment to Complaint,” wherein GB Metal Fabricators, Inc. (“GB Metals”) was named in lieu of Doe 1. On March 11, 2020, GB Metals filed a cross-complaint, assertin...
2023.08.23 Motion to Amend Judgment to Name Alter Ego Debtors, to Modify Powers of Court Appointed Receiver 025
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.23
Excerpt: ...d Plaintiffs Elizabeth Taylor (“Taylor”) and Chasity Jones (“Jones”) (together, “Plaintiffs”) allege as follows: Defendant Alkiviades David (“David”) was, at all relevant times, the President, CEO and managing agent of Defendants Hologram USA, Inc. (“Hologram”), Hologram USA Entertainment, Inc. (“Hologram Entertainment”), FilmOn Media Holdings, Inc. (“FilmOn”), FilmOn.TV, Inc. (“FilmOn TV”), FilmOn.TV Networks, Inc...
2023.08.23 Motion for Leave to File FAC 008
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.23
Excerpt: ...8.50, payable via eight payments of $13,570.00. JSI has failed to make the required payments. On September 7, 2022, SCI filed a complaint, asserting causes of action against JSI and Does 1-25 for: 1. Breach of Contract 2. Book Account 3. Goods Sold and Delivered On April 11, 2023, JSI filed a cross-complaint, asserting causes of action against SCI, Chetan Doshi and Roes 1-25 for: 1. Breach of Contract 2. Money Due and Owing—Unjust Retention 3. ...
2023.08.23 Demurrer 705
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.23
Excerpt: ... a mortgage loan on the subject property from Freedom Immigration Bonds & Insurance Services, Inc. (“Freedom”) in the amount of $20,000.00, which was memorialized by a recorded deed of trust. The maturity due date is undisclosed. On July 9, 2019, a “Notice of Default and Election to Sell Under a Deed of Trust” was recorded. On March 15, 2023, a “Notice of Trustee's Sale” was recorded. The sale date was initially set for April 12, 2023...
2023.08.22 Motion to Strike 807
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.22
Excerpt: ...tiff's car was vandalized in February 2023 and sustained damages after hitting a pothole in March 2023. Following the vandalism, Defendant paid for a rental vehicle for 18 out of the 30 days granted by Plaintiff's policy, denied her claim, required Plaintiff to pay for the cost of repair and failed to respond to Plaintiff when she provided further evidence. After the pothole incident, Defendant offered Plaintiff $900 to “total” her car. Defen...
2023.08.22 Motion to Deem RFAs Admitted, for Sanctions 609
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.22
Excerpt: ... Defendant SA Hospital Acquisition Group, LLC is DENIED as MOOT, except as to the issue of sanctions. Sanctions are imposed against SA Acquisition in the reduced amount of $341.65 and are payable within 30 days from the date of the hearing. 3. Plaintiff B.R. Building Resources Company's Motion to Deem Requests for Admission, Set One, Admitted Against Defendant Lawrence Feigen is DENIED as MOOT, except as to the issue of sanctions. Sanctions are i...
2023.08.18 Motion to Compel Further Responses, for Sanctions 678
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.18
Excerpt: ...iled an “Amendment to Complaint,” wherein Amazon.com, Inc. was named in lieu of Doe 1. On April 13, 2023, Plaintiff filed three “Amendment[s] to Complaint,” wherein Amazon.com Logistics, Inc. was named in lieu of Doe 2, Amazon.com, LLC was named in lieu of Doe 3 and Amazon.com, Services, LLC was named in lieu of Doe 4. On May 24, 2023, Plaintiff filed an “Amendment to Complaint,” wherein Amazon Logistics, Inc. (“ALI”) was named in...
2023.08.17 Motion to Compel Responses 700
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.17
Excerpt: ... Maria are each ordered to pay sanctions in the reduced amount of $270.00, which are payable within 30 days of the notice of ruling. Plaintiff is ordered to pay an additional $60.00 in filing fees at or before the time of the hearing. 2. Plaintiff Maria L. Torres, individually and as Trustee of The Jose Ascencion Torres and Maria L. Torres Revocable Trust Dated February 19, 2022's Motion to Compel Responses to Form Interrogatories is GRANTED. Rod...
2023.08.16 Motion for Leave to File Motion for Summary Judgment 293
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.16
Excerpt: ... fix up, and then sell and split any profits equally. Plaintiff and Defendant purchased the property located at 3414 Patritti Avenue, Baldwin Park, California 91706 (“subject property”) for approximately $525,000.00 on December 17, 2020. Plaintiff and Defendant agreed that Defendant would obtain the financing to purchase the subject property and that once escrow closed Plaintiff would be placed on title to same as a one-half joint owner. Plai...
2023.08.15 Demurrer to FAC 839
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.15
Excerpt: ...-compliant conditions, including the lack of an accessible route from the public right-of-way and pathways leading to the entrance of the Business which contain cross-slopes measuring in excess of the maximum grade allowed. The Business is owned by Defendant La Puente Company LLC (“Defendant”). On June 2, 2023, Plaintiff filed a First Amended Complaint (“FAC”), asserting a cause of action against Defendant and Does 1-10 for: 1. Violation ...
2023.08.15 Motion for Attorney Fees 674
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.15
Excerpt: ...Plaintiff. Young promised to repay Plaintiff upon Plaintiff's demand, and to pay interest at 10%/annum in the interim. At the time of the agreement, Young, Chung and Hoon represented that they owned high value real properties with sufficient equity to cover the loan which they would put up as collateral. Chung and Hoon provided Plaintiff with deeds of trust to real property (i.e., the Cathedral City and San Jacinto Properties, respectively) which...
2023.08.15 Motion to Compel Further Responses 775
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.15
Excerpt: ...transmission which has a design defect causing “harsh shifts” in lower gears (“Transmission Defect”). General Motors LLC (“Defendant”) knew or should have known about the Transmission Defect before the subject vehicle was sold to Plaintiff. On November 14, 2022, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Defendant and Does 1-10 for: 1. Violation of Song-Beverly Act—Breach of Express War...
2023.08.11 Motion for Summary Judgment 634
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.11
Excerpt: ...ject property”). The elevator at the subject property is only accessible with a key at every level. On or about October 6, 2016, Plaintiff was directed by VNA to attend a meeting on the second floor of the subject property. A VNA representative used a key to access the elevator and transport Plaintiff to the meeting. When the meeting ended, Plaintiff was advised that there were no keys available, such that the elevator was inaccessible. Plainti...
2023.08.10 Motion to Compel Further Responses, for Sanctions 779
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.10
Excerpt: .... Code § 17200 et seq.) 2. Intentional Interference with Contractual Relations 3. Negligent Interference with Contractual Relations 4. Intentional Interference with Prospective Economic Advantage 5. Negligent Interference with Prospective Economic Advantage 6. Misappropriation of Trade Secrets. Defendant WeiHua Zhu filed a cross-complaint on February 26, 2020, asserting causes of action for: 1. Breach of Oral Contract 2. Unjust Enrichment Plaint...
2023.08.10 Motion for Attorney Fees 650
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.10
Excerpt: ...cessary delay, the court shall award costs and reasonable attorneyʹs fees to a plaintiff prevailing on the motion, pursuant to Section 128.5. Discussion Defendant argues that he is entitled to attorney's fees pursuant to CCP § 425.16(1)(c) and Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App 4th 869. In Yang, the Court of Appeal held that the trial court lacked jurisdiction to rule on merits of anti‐SLAPP motion after voluntary dismi...
2023.08.10 Demurrer to FAC 720
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.10
Excerpt: ... Amazon warehouse; instead, the goods were delivered to a close‐by Amazon warehouse. On March 10, 2023, Plaintiff Þled a complaint, later amended, asserting the following causes of action: 1. Fraud and Deceit 2. Breach of Contract 3. Violation of Cal. Bus. & Prof. Code § 17200, et seq. 4. Unjust Enrichment A Case Management Conference is set for Au g u s t 10, 2023. Legal Standard A demurrer may be made on the grounds that the pleading, inte...
2023.08.04 Motion for Attorney Fees 706
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.04
Excerpt: ... Code §§ 1791.2(a); 1794) 5. Breach of Implied Warranty of Merchantability (Civil Code §§ 1791.1; 1794) On March 21, 2023, Plaintiff Ðiled a motion for attorney's fees. On May 3, 2023, Defendants Ðiled an opposition. On July 27, 2023, Plaintiff Ðiled a reply. Request for Judicial Notice The court grants Plaintiff 's request for judicial notice in full. Discussion The Song-Beverly Act provides, “[i]f the buyer prevails in an action und...
2023.08.04 Demurrer to SAC 602
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.04
Excerpt: ...) entered into a 12-month service contract (“Contract”) whereby Plaintiff would provide marketing and branding services and create and operate websites commencing June 2019 in exchange for payment of $6,000.00 per month for 12 months. (SAC, ¶ 7.) The Contract was to continue thereafter until terminated in writing with 60 days' notice, which was never provided. (Id.) Plaintiff is owed money for unpaid amounts incurred during the 12-month init...
2023.08.03 Demurrer, Motion to Strike 430
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.03
Excerpt: ...vely, the “Plaintiffs”) allege as follows: On May 2, 2020, Gordes Hospitality, Inc. (“Gordes”), through Ganyu Huang aka Gary Huang (“Huang”), and Shamloo, with Abhari serving as a silent partner, entered into an “Asset Purchase Agreement” and a “Security Agreement” with Gordes for the transfer of ownership of Hamilton's Steakhouse (“Hamilton”) from Gordes, as seller, to Plaintiffs, as buyers. On June 18, 2020, LVGEM Hotel ...
2023.08.02 Demurrer 436
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.02
Excerpt: ...Global Inc. (“2Cube”) (together, “Plaintiffs”) allege as follows: Plaintiffs are in the business of providing logistics and warehousing services for imports of goods from China to the United States. 2Cube acts as a “3PL” or third party logistics provider for WMI by procuring transportation services for delivery orders received by WMI. Xiaojun Xu (“Xu”) was hired by 2Cube as a truck driver to deliver various goods to customers. Fro...
2023.07.31 Demurrer 411
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.31
Excerpt: ...er of attempts. On May 10, 2023, Plaintiff filed a complaint, asserting causes of action against Defendants Ford Motor Company (“FMC”), WC Performance Ford Inc. dba Performance Ford (“Performance Ford”) and Does 1- 10 for: 1. Violation of Song-Beverly Act—Breach of Express Warranty 2. Negligent Repair A Case Management Conference is set for October 10, 2023. Legal Standard A demurrer may be made on the grounds that the pleading, inter a...
2023.07.28 Motion to Expunge Lis Pendens 255
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.28
Excerpt: ...�Police”) executed a search warrant at the subject property. While executing the warrant, the Police observed that the subject property had been converted into marijuana cultivation facilities, containing numerous marijuana products in various stages of production. During the search, the Police encountered Defendants Timothy Earl Nilan (“Nilan”), Ivan Chacon (“Chacon”), Christian Soto (“Soto”) and Antonio Ramirez (“Ramirez”) in ...
2023.07.28 Motion to Compel Responses, for Sanctions 032
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.28
Excerpt: ...ced amount of $360.00 and are payable within 30 days of the date of the notice of ruling. 2. Plaintiff City of El Monte's Motion to Compel Defendant Dank Dynasty LLC's Responses to Demand for Production of Documents, Set No. One is GRANTED [see below]. Dank Dynasty LLC is to provide verified responses, without objections, to Plaintiff's Requests for Production of Documents and Things, Set No. One, within 20 days from the date of the notice of rul...

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