Excerpt: ...jections to the Declaration of Pamela Tuzzolino Nos. 1-4 are OVERRULED. Defendants WINDSOR TWIN PALMS HEALTHCARE CENTER LLC; S&F MANAGEMENT COMPANY, LLC; and WINDSOR OMG HOLDING COMPANY II, LLC (collectively “Defendants”) argue that: (1) there is a written agreement between Plaintiffs and Defendants providing for arbitration of all disputes arising out of or relating to Decedent's admission to Windsor Artesia; and (2) that the Federal Arbitra...

Excerpt: ...California Regional Water Quality Control Board, Los Angeles Region (“Water Board”) moves for a preliminary injunction, requiring Defendants Mitchell Investors, LLC and Rafiel Shahbazian to comply with the Cleanup and Abatement Order (“CAO”) and immediately continue the Health and Safety Systems' on-Site and off-Site vapor intrusion mitigation efforts. Defendants' evidentiary objections to Carrasco's Declaration are overruled. In deciding...

Excerpt: ...o all causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action. This action was filed by Plaintiff Skinner by and through his guardian ad litem, Brenda Nonette on 6/9/20, and was amended as of right. The operative First Amended Complaint alleges that Skinner was an invitee of Defendant Downey High School on 1/14/20, when he was summoned to the boys gymnasium by another student where 20 or more stude...

Excerpt: ...s barred by the statute of limitations. This Marvin action was filed by Plaintiff Mari Alvarez (“Mari”) on 3/4/21, and was amended as of right. The operative First Amended Complaint alleges that Mari and Christian were married in 1998, but divorced one another on 7/26/07. (FAC, ¶ 7.) “Thereafter, the parties reconciled in January 2008 and purchased a home together in November 2010.” (Id., ¶ 8.) “In or about 2008, Plaintiff and Defenda...

Excerpt: ...as Weeks filed a Supplemental Declaration on 8/11/21, purporting to attach a modified proposed Answer reflecting his representation of City Wide Transportation, but that Answer was not attached to the declaration. Although Defendant City Wide Transportation did not move to set aside its default, Defendant City Wide Transportation is a dba of Defendants Eric and Oralia Banuelos, and it appears that counsel will be representing City Wide Transporta...

Excerpt: ... November 19, 2020. The Complaint asserts causes of action for: (1) Breach of Written Contract; (2) Fraud; (3) Negligent Misrepresentation; (4) Disgorgement for Violation of B&P §7031; and Negligence. On December 28, 2020, the subject Cross-Complaint was filed by Defendant/Cross-Complainant (“Cross- Complainant”) KHANH DINH LAI (in pro per). The Cross-Complaint alleges, in pertinent part, “[Cross- Defendants] are negligent in entering cont...

Excerpt: ...d on September 8, 2021. (CCP §437c(a)(2).) Notwithstanding Plaintiffs' tardy Opposition, Defendants were still able to submit a Reply prior to the hearing. Consequently, given the lack of prejudice to Defendants, and in the interests of judicial efficiency, the Court elects to waive the procedural defect and will consider the Opposition as though it were timely filed. This action was filed by Plaintiffs AGUSTIN FRAYDE and MARGARITA FRAYDE (colle...

Excerpt: ... pending before this Court is whether to issue a preliminary injunction. To summarize, Plaintiff seeks injunctive relief to prevent Defendant from using/destroying Plaintiff's confidential information and property; as well as to order Defendant to physically turn over computers, electronic files, and keys to Plaintiff's premises that are still in Defendant's possession. A preliminary injunction is to preserve the status quo pending a trial on the...

Excerpt: ...everally, in the reasonable sum of $1,000.00, payable within 30 days. II. Plaintiff H Mart Norwalk, LLC's unopposed motion to compel further responses to requests for production to Smart Choice Supermarket, Inc., Set One is GRANTED. Defendant Smart Choice is ordered to serve supplemental responses within 15 days. Sanctions are imposed against Defendant Smart Choice and counsel, jointly and severally, in the reasonable sum of $2,760.00, payable wi...

Excerpt: ...ue, evidentiary, or terminating sanctions pursuant to CCP § 2023.010. If anyone engages in conduct that is a misuse of the discovery process, the court may impose monetary sanction, issue sanction, evidence sanction, terminating sanction, and contempt sanction. (CCP § 2023.030.) The sanctions the court may impose are such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but the...

Excerpt: ...1. Cal. Civ. Code §1794(d) states, “[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, including attorneys fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Here, there i...

Excerpt: ...NG, a minor by and through his GAL; and LEANNE HUANG, a minor by and through her GAL on February 28, 2020. On June 18, 2020, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part, “Plaintiffs Xishi Tan, Liam Huang, and Leanne Huang (hereinafter ‘Plaintiffs'), who are, respectively, the surviving spouse and children of Huolin Huang, suffered catastrophic loss and irreparable injury when Huolin Huang wa...

Excerpt: ...ies, Inc. demur t the 1 st – 6 th and 8 th – 9 th causes of action on the ground that they fail to state facts sufficient to constitute causes of action. JUDICIAL NOTICE is taken of Defendant's exhibits. (Ev. Code §452.) Plaintiff, in pro per, commenced this lawsuit on 2/14/20. The complaint has been amended multiple times, culminating in the operative Fourth Amended Complaint (“4AC”). Plaintiff alleges that Plaintiff was hired by Defend...

Excerpt: ...f Process claim, and otherwise DENIED as to all remaining claims. III. Cross-Defendant Francisco Cerna's demurrer to cross-complaint is OVERRULED. IV. Cross-Defendant Maria Cerna's demurrer to cross-complaint is OVERRULED. V. Cross-Defendant Maria Cerna's motion to strike portions of cross complaint's request for punitive damages and attorney's fees is GRANTED. The court is inclined to deny leave to amend, but will hear from Cross-Complainants. O...

Excerpt: ...es breached California Government Code §1090, breached his fiduciary duties to the City, violated Labor Code §2860, and committed Fraud and Breach of Contract on the City. City presents the following evidence: Between 1992 to 1997, Robles was an elected member of the South Gate City Council (“City Council”). (UF 5). During his City Council tenure, Robles also served as the City's mayor from 1994 to 1997. (UF 6). In 1997, Robles was elected ...

Excerpt: ...e relevant facts, as alleged, are as follows: “In 2013 Plaintiff was accepted to Defendants' Masters program in Acupuncture and Oriental Medicine program. [¶] After accepting Plaintiff to its Masters program, in order to lure Plaintiff's [sic] into its new and fledgling Doctorate program in Acupuncture and Chinese Medicine (DACM), in or about 2013, Defendants' representatives…during a meeting on its campus, in person, told Plaintiff that she...

Excerpt: ...djudication pursuant to CCP § 437c. EVIDENTIARY OBJECTIONS Plaintiff's Objections to the exhibits attached to McDaniels' Declaration are overruled. FIRST AMENDED COMPLAINT The operative First Amended Complaint (“FAC”) alleges that on 3/18/17, while in the course and scope of employment, Plaintiff Nolan Van Havermaat was directed by Defendants to install a sign using a scaffold. Plaintiff lost his footing and fell through an open hole of the ...

Excerpt: ...o Give Notice. This product liability action was filed on January 27, 2021. On June 14, 2021, the operative Second Amended Complaint (“SAC”) was filed. The relevant facts, as alleged, are as follows: “On April 26, 2019, Defendant Somara Hang, the owner and manager of Defendant Jenny's Donuts, sold and handed 5-year- old, Plaintiff Skylar a Maruchan Instant Lunch noodle soup cup that had been filled just been filed to its brim with boiling h...

Excerpt: ...finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other required allegations, the provisions o...

Excerpt: ...�1794(d) states, “[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, including attorneys fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Here, there is no dispute that P...

Excerpt: ...ing Party to give Notice. This action for partition of real property was filed by Plaintiff/Cross-Defendant JEREMY RIVARDE (“Rivarde”) on March 10, 2021. On April 27, 2021, the Subject Cross-Complaint (“X-C”) was filed by Defendant/Cross-Complainant GABRIELA RUIZ (“Ruiz”). The X-C alleges, in pertinent part, “Wanting to make sure that their family home stayed within the family and would be kept by RUIZ, Norma Ruiz agreed to sell the...

Excerpt: ...g of an appeal shall not stay enforcement of the judgment or order in cases not provided for in Sections 917.1 to 917.8, inclusive, if the trial court, in its discretion, requires an undertaking and the undertaking is not given, in any of the following cases… (1) Appellant was found to possess money or other property belonging to respondent. (2) Appellant is required to perform an act for respondent's benefit pursuant to judgment or order under...

Excerpt: ...for summary adjudication of issues pursuant to CCP § 437c. EVIDENTIARY OBJECTIONS Plaintiff's Objections to Lopez's Declaration are overruled as to Nos. 1- 5. Plaintiff's Objection to Lopez's Amended Declaration is overruled as to No. 1. Plaintiff's Objections to Vargas's Declaration are overruled as to Nos. 1-4. Defendant's Objections to Plaintiff's evidence are overruled as to Nos. 1-21. COMPLAINT The operative complaint is the Second Amended ...

Excerpt: ... on December 7, 2020. Responding Party/Defendant SAID BRAL died on April 20, 2021. (See Notice of Death FILED on May 11, 2021.) In Reply, Plaintiff agrees that the Motion is rendered MOOT because it would be impossible to compel Defendant BRAL to provide further responses. However, Plaintiff maintains that the Court should exercise its discretion pursuant to CRC 3.1348 and award sanctions in favor of Plaintiff due to the Deceased Defendant's fail...

Excerpt: ...'s (in its capacity as insurer of Cross-Defendant SECURITY PROTECTION SERVICES, INC.) Motion for Summary Judgment or alternatively Summary Adjudication against Cross-Defendant/Cross-Complainant COMMAND PERFORMANCE CONSTRUCTORS, INC. and Defendant/Cross-Complainant LYLE PARKS JR., INC.'s Third Amended Cross-Complaint. is DENIED. Opposing Party(s) to give Notice. This personal injury action was filed on December 7, 2016. Plaintiffs SIMETA and PEREZ...