Excerpt: ...th and survival action was filed on July 1, 2022 by Danny A. Godoy, individually and as the successor-in-interest to his wife, Ana Xanthe Chirino Godoy's ("Decedent"). Plaintiff alleges that defendants Shane S. Pak, M.D., Sergio Y. Go, M.D., and Alhambra Hospital Medical Center (collectively, "Defendants") engaged in medical malpractice when Decedent underwent spine surgery on June 28, 2021. (Compl., 14-15.) Decedent allegedly lost over two liter...

Excerpt: ...ges he was employed by HumanGood as an IT Help Desk Analyst from October 2017 to November 2, 2020, and that Gowan was his direct supervisor. (Compl., 13.) Plaintiff alleges he was forced to resign from his position at HumanGood because of discrimination and harassment by Gowan. (Compl., '1 13.) Plaintiff asserts causes of action for: (1) age discrimination, (2) harassment based on age, (3) retaliation, (4) failure to prevent discrimination, haras...

Excerpt: ...ath and survival action was filed on July 1, 2022 by Danny A. Godoy, individually and as the successor-in-interest to his wife, Ana Xanthe Chirino Godoy's ("Decedent"). Plaintiff alleges that defendants Shane S. Pak, M.D., Sergio Y. Go, M.D., and Alhambra Hospital Medical Center (collectively, "Defendants") engaged in medical malpractice when Decedent underwent spine surgery on June 28, 2021. (Compl., 14-15.) Decedent allegedly lost over two lite...

Excerpt: ...ges he was employed by HumanGood as an IT Help Desk Analyst from October 2017 to November 2, 2020, and that Gowan was his direct supervisor. (Compl., 13.) Plaintiff alleges he was forced to resign from his position at HumanGood because of discrimination and harassment by Gowan. (Compl., '1 13.) Plaintiff asserts causes of action for: (1) age discrimination, (2) harassment based on age, (3) retaliation, (4) failure to prevent discrimination, haras...

Excerpt: ...h America, Inc. ("Defendant") for violations of the Song-Beverly Consumer Warranty Act ("SBA") and fraudulent concealment. Plaintiff alleges that on November 5, 2021, she purchased a 2020 Nissan Sentra (the "Vehicle") and that these causes of action arise out of Defendant's warranty and repair obligations and failure to disclose a defect with the Fomvard Emergency Braking ("FEB") system. On October 11, 2022, Defendant filed an Answer. On March 28...

Excerpt: ...ive First Amended Complaint on September 9, 2022, in which he alleges that Defendant has made misrepresentations to various city officials and a Los Angeles Superior Court judge. Plaintiff alleges that on or about June 15, 2020, he received a "notice to abate" from the County of Los Angeles's Department of Public Health after Defendant falsely reported that Plaintiffs residence is full of bugs and animal feces. (FAC., 6 7.) Defendant also made th...

Excerpt: ...ovikov, and Frank Perez (collectively, "Plaintiffs") against defendants Innovative Payment Solutions, Inc. ("IPSI") and William Corbett ("Corbett") (collectively, "Defendants"). The operative first amended complaint ("FAC") was filed on December 16, 2022 and asserts claims based on violations of various Labor Code sections, wrongful termination in violation of public policy, breach of contract, and breach of the covenant of good faith and fair de...

Excerpt: ...t General Motors LLC ("Defendant") moves to strike Plaintiffs request for punitive damages from Plaintiffs prayer for relief. The motion is unopposed. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Præ., S 435 subd., (b)(l).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike an...

Excerpt: ...Citf) and Does 1 to 10 for breach of contract, fraud, and unjust enrichment. On November 15, 2022, the Honorable Colin Leis sustained City's demurrer to the breach of contract and fraud claims with leave to amend and sustained City's demurrer to the unjust enrichment claim without leave to amend. Plaintiff filed the operative First Amended Complaint ("FAC") on December 14, 2022. The FAC added several defendants including Mark McAvoy ("McAvoy"), F...

Excerpt: ...nst defendants Lakeview Cheese Co LLC ("Lakeview") and David Chu ("Chu") (collectively, "Defendants"). Plaintiff alleges that on April 27 , 2018, Chu negligently operated a motor vehicle while in the course and scope of his employment with Lakeview and caused injury and damages to Anthony Soza ("Soza"), who was acting in his course and scope of employment with Harry's Glass Shop, Inc. ("Harry's Glass Shop"). Plaintiff provides workers' compensati...

Excerpt: ...action against defendant Qiao Liu ("Liu") dba Noodle Bistro involving the real property located at 9461 Las Tunas Drive, Las Tunas, California, 91780. On October 17, 2022, Xiaoli Harris ("Harris") dba Noodle Bistro filed a prejudgment claim of right to possession. On October 24, 2022, Harris filed an answer asserting specific denials of paragraphs 3-6, 11 13 and 15 of the complaint and asserting several affirmative defenses. On February 3, 2023, ...

Excerpt: ...RST AMENDED COMPLAINT AND MOTION TO STRIKE Dept. 3 8:30 a.m. April 25, 2023 On September 8, 2022, plaintiff Café on Lemon, Inc. ("Plaintiff') filed this action against Gina Fanara ("Fanara"), Kevin Tang ("Tang"), and Dilys Jones, as Trustee of the Louis C. Petrie Separate Property Trust ("LP Trust") (erroneously sued as "Louis Petrie Separate Property Trust") (collectively, "Defendants"). In its original complaint, Plaintiff asserted claims for:...

Excerpt: ...a Jean Pawlik (“Pawlik”) filed this action against Dedicato Treatment Center, Inc. (“Dedicato”) for negligence, intentional infliction of emotional distress, dependent adult abuse and neglect, breach of fiduciary duty, and rescission of void contract. Plaintiff alleges that she entered Defendant's alcohol treatment and residential facility on June 29, 2018, and was scheduled to be admitted to the facility pursuant to a contract after unde...

Excerpt: ...on for an order compelling defendant FCA US LLC (“Defendant”) to provide a further response to Request for Production No. 18. Plaintiffs also seek monetary sanctions against Defendant in the amount of $2,385 against Defendant and counsel of record, Ongaro P.C. RFP No. 18 seeks “[t]he operative Franchise Agreement . . . on the date of sale of [Plaintiffs' vehicle] between [Defendant] and the dealership that sold the vehicle to Plaintiff [sic...

Excerpt: ...) arising from a motor vehicle collision that occurred on February 25, 2022. On March 7, 2023, Defendant filed an answer to Plaintiff's complaint. On March 10, 2023, Plaintiff filed this demurrer to Defendant's Answer. Plaintiff demurs to Defendant's First through Ninth Affirmative Defenses on the grounds that they fail to state sufficient facts and are uncertain, ambiguous, and/or unintelligible. Legal Standard An answer should contain any and a...

Excerpt: ...ndants Janice Yen, Leslie Yen, Jenny Chan, Vivien Djeu, and Steps Academy, Inc. (“Steps”). Zhang is a minority shareholder of Steps, a closely held corporation that runs a private elementary school in Arcadia, California. Zhang alleges that she purchased a 29% ownership interest in Steps in 2015 and claims that ever since, her rights as a minority shareholder have oppressed. Z.D. alleges he sustained personal injuries and asserts causes of ac...

Excerpt: ...e Brees Campbell, Studios at Walnut, LLC, and De Miranda Management (collectively, “Defendants”). On March 21, 2023, Defendants filed this motion for “evidentiary sanctions” relating to Plaintiff's lost earnings. No opposition brief is on file with the Court, but Defendants filed a reply brief on April 10, 2023, which referred to an opposition brief that was at least served. Based on the papers that have been filed, the Court DENIES the m...

Excerpt: ... Motors LLC (“Defendant”) asserting three causes of action under the Song-Beverly Act (“SBA”) and one cause of action for fraudulent inducement. Plaintiff alleges that he purchased a 2019 Chevrolet Silverado on August 8, 2019, which had a defective transmission. (Compl., ¶ 4.) On March 6, 2023, Defendant filed this demurrer and motion to strike. Defendant argues that Plaintiff's fraud claim is barred by the statute of limitations, fails ...

Excerpt: ...intiffs”) filed this action against defendants Volkswagen Group of America, Inc. (“Volkswagen Group of America”) and Volkswagen Alhambra (collectively, “Defendants”). On December 21, 2022, by stipulation of the parties, Plaintiffs filed the operative Second Amended Complaint (titled as the “First Amended Complaint” on the caption page). Plaintiffs assert causes of action for: (1) breach of express warranty obligations under the Song...

Excerpt: ...tion against defendant U.S. Bank National Association ("Defendant") (erroneously sued as "U.S. Bank, N.A."). On February 10, 2023, Plaintiff filed the operative First Amended Complaint ("FAC"). Plaintiff is suing for damages relating violations of the Homeowner Bill of Rights Act ("HBOR") and other statutes arising from a loan modification review and foreclosure proceedings relating to the real property located at 23540 Cherry Street, Newhall, CA...

Excerpt: ...gainst defendant Optimist Boys Home and Ranch, Inc. ("Defendant") (erroneously sued as "Optimist Boys' Home & Ranch") asserting causes of action for intentional tort and violation of the Crown Act, general negligence, and intentional infliction of emotional distress ("IIED"). Plaintiff alleges that Defendant engaged in improper conduct while providing childcare for her son by cutting his hair in accordance with a court order. Defendant demurs to ...

Excerpt: ...the Department of Transportation ("Defendant") (erroneously sued as "State of California") demur to the third cause of action for general negligence in the complaint filed by Plaintiff Irene Perez ("Plaintiff') on December 19, 2022. Plaintiff asserts causes of action for dangerous condition of public property and general negligence against Defendant arising from two slip-and-fall incidents on January 3, 2022, and January 7, 2022. The demurrer is ...

Excerpt: ... gender violence, retaliation, intentional and negligent infliction of emotional distress, negligent supervision and failure to warn, train, or educate, and wrongful termination. On January 12, 2023, Plaintiff filed the First Amended Complaint in which she named the following defendants: Genesis Health Care LLC, Sava Senior Care LLC, Sava Senior Care Administration Services, LLC, Kaiser Permanente m-a SSC Tarzana Operating Company LP dba Tarzana ...

Excerpt: ...January 20, 2023, Defendant Anil D. Mall ("Defendant") filed this motion to compel further responses without objections by plaintiff Corona Medical, Inc. dba Advanced Care Pharmacy ("Plaintiff') to Special Interrogatories (Set Two). The Court addresses at the outset whether this motion is timely. Notice of a motion for an order compelling a further response must be "given within 45 days of the service of the verified response, or on or before any...

Excerpt: ...ction against the City of Pasadena ("Cityé') and Spiniello Co. ("Spiniello") (collectively, "Defendants") alleging breach of contract and general negligence in connection with the installation and repair of a water main. On December 28, 2022, City filed a cross-complaint against Spiniello. On February 28, 2023, Plaintiffs filed this motion for leave to file a First Amended Complaint ("FAC"). LEGAL STANDARD The court may, in its discretion and af...