Excerpt: ...s Complaint is SUSTAINED with twenty (20) days leave to amend. Defendants California Pools, Inc., Ryder Wayne Steimle, and Pacific Flux, Inc.'s Motion to Strike Portions of Plaintiff's Complaint is deemed MOOT. BACKGROUND This is an action for breach of contract arising from a franchise agreement. From the 1970s to 1990, Roy Easley was a franchisee of Defendant California Pools, Inc. (CPI) On March 30, 1990, Roy Easley entered into a franchise te...

Excerpt: ...ed to loan $110,000 to Walden Speed Shop. In support of the loan agreement, Respondent Bobby Walden executed a personal guaranty. In paragraph 28 of the loan agreement, the parties agreed to resolve any claims through binding arbitration. On June 1, 2023, Petitioner Swift Financial, LLC (Swift), as servicing agent for WebBank, obtained an arbitration award for breach of the loan agreement in the amount of $105,884.82 against Walden and Walden Spe...

Excerpt: ...ff U.S. Bank National Association's Application for Writ of Possession against Defendant Jorge Chavez Avalos is DENIED without prejudice. BACKGROUND This is a breach of contract action arising from an equipment finance agreement. In February 2023, Plaintiff U.S. Bank National Association (U.S. Bank) entered into a written equipment finance agreement with Defendant Koky, Inc. (Koky) in which U.S. Bank agreed to provide financing for Koky's purchas...

Excerpt: ...efendant Cesar Armando Quijivix Plaintiffs Erika Michelle Mesa and Rosalinda Oseguera's Motion to Compel Responses to Request for Production of Documents, Set One and Request for Costs, Sanctions, and Attorneys Fees Respondent: Defendant Cesar Armando Quijivix TENTATIVE RULING Plaintiffs Erika Michelle Mesa and Rosalinda Oseguera's Motion to Compel Responses to Special Interrogatories, Set One and Form Interrogatories, Set One is GRANTED. Defenda...

Excerpt: ...July 2022, Kindred SGV admitted Plaintiff Gregory Allen French after French had suffered a stroke. During French's sixty day stay at Kindred SGV, French alleges French developed a stage four pressure ulcer on the sacral/coccyx area of French's body. On September 7, 2023, French filed a complaint against Kindred SGV and Does 1-250, alleging a single cause of action for elder abuse. On October 5, 2023, French filed the present motion. A hearing on ...

Excerpt: ...en utilizing the Diamond Bar property for short-term rentals in violation of Diamond Bar Municipal Code section 22.08.030. The City alleges that despite multiple notices of violation, Zhong and Li have failed to comply. On July 14, 2023, the City filed a complaint against Zhong, Li, and Does 1-50, alleging (1) public nuisance and (2) public nuisance per se. On October 27, 2023, the City filed the present motion. A hearing on the City's motion is ...

Excerpt: ...oxuan Li entered into a warranty contract with Defendant Ford Motor Company (Ford) by purchasing a 2021 Ford Explorer from Defendant Hemborg Ford. Subsequently, Wang and Li's vehicle manifested engine defects. On November 8, 2022, Wang and Li filed a complaint against Ford, Hemborg Ford, and Does 1-10, alleging the following causes of action: (1) breach of express warranty, (2) breach of implied warranty, and (3) negligent repair. On April 6, 202...

Excerpt: ...declaration describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing. BACKGROUND This is a premises liability action. In October 2022, Plaintiff Sonia Moreno was walking down a sidewalk along West San Bernardino Road in West Covina when Moreno allegedly tripped and fell because of an uncovered pipe. Moreno's fall allegedly resulted in physical injuries that required medical treatment. On April 4, 2023...

Excerpt: ...estate of Diane Renee Hild, Franssen's mother. At the time of Hild's death in May 2023, Hild owned a 1981 Somerset mobile home and rented a space for the mobile home at property owned by Defendant Rancho San Jose Manufactured Home Community, LLC (Rancho San Jose) in Covina. Following Hild's death, Rancho San Jose's manager, Defendant Gayle Hyatt, began contacting Franssen regarding missed rent payments. Franssen allegedly promised to pay the past...

Excerpt: ...mely answer filed by Defendants Diamond City Shopping Center, LLC and Bently Real Estate LLC on November 6, 2023, as these Defendants remain in default. BACKGROUND This is a breach of contract action arising from an architectural services agreement. In July 2020, Plaintiff MMA and Defendant Bently Real Estate LLC (Bently) entered into an agreement in which MMA agreed to provide architectural services to Bently for the development of a commercial ...

Excerpt: .... Defendant Emanate Health Inter‐Community Hospital's Motion to Strike Plaintiff Thomas Weeber's Complaint is deemed MOOT. BACKGROUND This is an action for elder abuse and neglect. In July 2021, Plaintiff Thomas Weeber went to the emergency room of Defendant Emanate Health Inter-Community Hospital (Emanate) after experiencing weakness, dizziness, and abdominal pains. Weeber was then discharged from the emergency room and returned later on the s...

Excerpt: ...out leave to amend. Defendant Pomona Valley Hospital Medical Center's Motion to Strike Portions of Plaintiffs' First Amended Complaint is GRANTED. Defendant Pomona Valley Hospital Medical Center is further ordered to file their answer to the First Amended Complaint within twenty (20) days of this order. BACKGROUND This is an action for dependent adult abuse. On April 28, 2022, Plaintiff Kelly Chu was admitted to Defendant Pomona Valley Hospital M...

Excerpt: ... & Flooring, Inc.'s Motion to Vacate Default is DENIED without prejudice. Defendant Zhigang Cui's Motion to Vacate Default is DENIED without prejudice. Plaintiff Andes Harvest, Inc.'s Application for a Right to Attach Order and Order for Issuance of a Writ of Attachment against Defendant Oceanus Decor & Flooring, Inc. is GRANTED. BACKGROUND This is a breach of contract action arising from a series of sublease agreements. Defendants Cups (DE) LP (...

Excerpt: ...an's Demurrer to Plaintiffs' First Amended Complaint is OVERRULED. Defendant Satish Mahajan's Demurrer to Plaintiffs' First Amended Complaint is OVERRULED. Defendant Humble Retailers, Inc.'s Demurrer to Plaintiffs' First Amended Complaint is OVERRULED. Defendants Mennu Mahajan, Satish Mahajan, and Humble Retailers, Inc. are further ordered to file their answers to the First Amended Complaint within twenty (20) days of this order. BACKGROUND This ...

Excerpt: ...fendants Tony Rubio and the R&C Corporation (R&C, collectively R&C Defendants) hired Plaintiff Angel Buenrostro as a medical supply delivery driver. In 2015, Buenrostro's son, who also worked for the R&C Defendants, filed a workers' compensation claim against the R&C Defendants. Buenrostro alleges the R&C Defendants then retaliated against Buenrostro by reclassifying all employees as independent contractors. In March 2022, Buenrostro was injured ...

Excerpt: ...sel regarding the Motion for Judgment on the Pleadings and to file a supplemental declaration describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing. BACKGROUND This action arises from the alleged sexual abuse of a middle school student by school staff. From 1978 to 1979, Plaintiff T.C. was a student attending Ramona Middle School in La Verne which was operated and controlled by Defendant Bonita Uni...

Excerpt: ...for three years with a monthly rent of $3,375. The lease was extended from October 2019 to September 2024 with monthly rent being increased to $3,800. On February 23, 2023, Gonzales Halili failed to comply with a three-day notice to quit or pay rent by M&K. At the time of the notice, Gonzales Halili owed $45,600 in rent. On April 7, 2023, M&K filed a complaint against Gonzales Halili and Does 1-10 for unlawful detainer. The court then held a benc...

Excerpt: ...ssociation (Vermont Avenue Lofts HOA) and Defendant Joseph Ruiz, a homeowner. Vermont Avenue Lofts HOA claims Ruiz has violated a declaration of covenants, conditions, and restrictions, as well as their bylaws, by harassing, intimidating, and interfering with their board members, employees, and vendors. On October 6, 2020, Vermont Avenue Lofts HOA filed a complaint against Ruiz and Does 1-25, alleging the following causes of action: (1) breach of...

Excerpt: ...ons to subpoena categories 2‐20, 22‐29, 32, 33, 35‐38, 41, and 42 on Defendant Del Terra Real Estate Services, Inc. within twenty (20) days of the issuance of this order. BACKGROUND This is a breach of contract action arising from an agreement to provide construction management services. In April 2015, Plaintiff Bassett Unified School District (BUSD) entered into a written agreement with Defendant Del Terra Real Estate Services, Inc. (Del T...

Excerpt: ...ndant Mt. San Antonio Community College District's Motion to Strike Portions of Plaintiff's First Amended Complaint is GRANTED IN PART as to Plaintiff Allison Oliver's punitive damages allegations and DENIED IN PART on all other grounds. Defendant Mt. San Antonio Community College shall file its Answer to the First Amended Complaint, with allegations regarding emotional distress and punitive damages stricken, within ten (10) days. BACKGROUND This...

Excerpt: ...IED IN PART on all other grounds. BACKGROUND This is a breach of contract action arising from a shipping agreement. In September 2022, Plaintiff Futong Container Transportation Co Ltd (Futong) agreed to transport a container for Jitong Freight Co. (Jitong) from the Port of Los Angeles to a warehouse to a location in Rancho Cucamonga. Futong then entered into a written agreement with Defendants Ameri-Hua, Inc. (Ameri-Hua), Ge Tao, and Zhaohui Zeng...

Excerpt: ... (Kindred SGV). In July 2022, Kindred SGV admitted Plaintiff Gregory Allen French after French had suffered a stroke. During French's sixty day stay at Kindred SGV, French alleges French developed a stage four pressure ulcer on the sacral/coccyx area of French's body. On September 7, 2023, French filed a complaint against Kindred SGV and Does 1-250, alleging a single cause of action for elder abuse. On October 5, 2023, French filed the present mo...

Excerpt: ... filed a complaint against Fleet Capital, Inc. (Fleet Capital), Best Alliance Foreclosure and Lien Services Corp. (Best Alliance), Inco Builders (Inco), and Does 1-25, alleging the following causes of action: (1) violation of California's non judicial foreclosure statutes, (2) wrongful foreclosure, (3) conversion, (4) unfair business practices, and (5) declaratory relief. On February 9, 2022, Inco filed a cross-complaint against Culkin, Michael C...

Excerpt: ...l Waldren, M.D. and requested a consultation with an expert neuroscientist who could properly diagnose ongoing issues with Ito's brain. In particular, Ito alleges people were spying on the contents of his conscious experience with holography or connectionism. Ito alleges Dr. Waldren failed to make the referral to a neuroscientist, diagnosed Ito with obsessive compulsive disorder (OCD), and referred Ito to a psychiatrist. In July 2021, Ito met wit...

Excerpt: ...e Services, LLC's Demurrer to Plaintiff's Complaint is OVERRULED. Defendants Aurora Charter Oak – Los Angeles, LLC and Signature Healthcare Services, LLC's Motion to Strike Portions of Plaintiff's Complaint is GRANTED IN PART without leave to amend as to the punitive damages allegations and DENIED IN PART as to all other grounds. Defendants to answer Plaintiff's Complaint, with punitive damages stricken, within ten (10) days. BACKGROUND This is...

Excerpt: ...h 2021, Plaintiff Wilfredo Machado Pacheco entered into an alleged agreement with Defendant Arturo Salvador in which Machado Pacheco agreed to invest $300,000 in Salvador's transportation business. In exchange, Salvador allegedly promised to transfer the titles for twenty-one of the business's tractor-trailer vehicles to Machado Pacheco. After Machado Pacheco transferred $307,200 to Salvador and Salvador's business partners, Salvador allegedly fa...

Excerpt: ...r Co., Inc. (Honda) and Does 1- 10, alleging a single cause of action for breach of express warranty pursuant to the Song- Beverly Act. On October 2, 2023, Honda filed the present motion. Prior to filing on September 28, Honda's counsel telephonically met and conferred with the Garcias' counsel. (Workman Decl., ¶ 6.) A hearing on the present motion and case management conference are set for November 7, 2023. REQUEST FOR JUDICIAL NOTICE Honda req...

Excerpt: ...legally. On June 7, 2021, the City of El Monte (the City) filed a complaint against Dan Tu Cun, Jian Zou, Eagle Home Mortgage, LLC (Eagle Home Mortgage), and Does 1-100 alleging the following causes of action: (1) narcotics abatement, (2) public nuisance, (3) violation of El Monte municipal code, (4) violation of Unfair Competition Law, and (5) violation of MAUCRSA. On February 6, 2022, the City's registered process server served Cun and Zou with...

Excerpt: .... (Trinhnology) entered into an alleged oral agreement with Defendant Philip Chatalos in which Trinhnology agreed to pay a monthly design fee and sales commissions to Chatalos in exchange for Chatalos's sale of Trinhnology's clothing products. In September 2022, Trinhnology ended its business relationship with Chatalos. Trinhnology alleges Chatalos breached their agreement by failing to repay advances on Chatalos's commission that Trinhnology had...

Excerpt: ...an, Humble Retailers, Inc., and Mennu Mahajan's Demurrers to Plaintiffs' First Amended Complaint¿are CONTINUED to a date to be determined at the hearing in Department G (Pomona). Counsel for Defendants Satish Mahajan, Humble Retailers, Inc., and Mennu Mahajan is ordered to meet and confer with counsel for Plaintiffs Rajesh Thakkar and Nidhi Mittal regarding these demurrers and to file a supplemental declaration describing such meet and confer ef...

Excerpt: ...Triner was in the deli section of Costco's Azusa warehouse when Triner slipped and fell. On March 14, 2023, Triner filed a complaint against Costco, Joel Doe, and Does 1-50, alleging (1) negligence and (2) premises liability. On August 31, 2023, Costco filed a notice of removal to federal court. On September 6, the United States District Court for the Central District of California issued an order remanding this action. On September 28, 2023, Cos...

Excerpt: ... LLC (Lion Tools) in which Teng agreed to loan $50,000 to Defendants in exchange for repayment by April 10. Subsequently, Teng alleges Defendants breached the agreement by failing to repay the loan. On July 20, 2021, Teng filed a complaint against Defendants and Does 1-10, alleging (1) breach of contract, (2) common counts, and (3) negligence. On October 9, 2023, Zhang filed the present motion. A hearing on the motion is set for October 31 with a...

Excerpt: ... of lease agreement. In April 2021, Plaintiff Shea Center Walnut, LLC (Shea Center) entered into a lease agreement with Defendant Intellink Education LLC (Intellink) in which Shea Center agreed to lease a property in Walnut to Intellink for a three-year term. Defendant Zhaomin Wei also executed a personal guaranty in support of the lease agreement. Shea Center alleges Intellink and Wei breached the lease agreement by subsequently failing to pay r...

Excerpt: ...act action arising from a loan and security agreement. In October 2014, Plaintiff KeyBank National Association (KeyBank) entered into a written agreement with Defendant JYuan Corp. (Lion Express), doing business as Lion Express, in which KeyBank agreed to provide $381,972.81 for Lion Express to purchase equipment. Lion Express agreed to make an initial payment of $395, sixty-three monthly payments of $4,639.39, and one final payment of $81,034.39...

Excerpt: ...LED. Defendant Baldwin Park Unified School District's Motion to Strike Treble Damages and Attorney's Fees Allegations in the First Amended Complaint is GRANTED. Based on M.N.'s notice of non‐opposition, the court strikes M.N.'s request for treble damages and attorney fees from the FAC. BPUSD is ordered to file its answer to the FAC, with the request for treble damages and attorney fees striken, within twenty (20) days. BACKGROUND This action ar...

Excerpt: ...eipt of Class Data, the number of days is changed to seven (7) days as stated in the Settlement Agreement. BACKGROUND This is a wage and hour action. From 1999 to 2020, Plaintiff Graciela Torres worked as a non-exempt employee for Defendant Pensar Big, Inc. (Pensar Big), a restaurant operator and franchisee of El Pollo Loco chains throughout southern California. On June 10, 2021, Torres filed a complaint against Pensar Big and Does 1-50, alleging...

Excerpt: ...of America, Inc. (Volkswagen) by leasing a 2020 Audi A4. The Avanessians allege the vehicle was delivered with transmission, electrical, suspension, engine, and structural system defects. On May 15, 2023, the Avanessians filed a complaint against Defendants Volkswagen, Rusnak/Pasadena, and Does 1-10, alleging (1) breach of express warranty, (2) breach of implied warranty, (3) violation of Song-Beverly Act section 1793.2, subdivision (b), and (4) ...

Excerpt: ...OUND This is an action arising from a dispute over a family trust. In September 1998, Carlota G. Cruz [1] and Carlota's husband, Antonio V. Cruz, formed The Antonio V. Cruz and Carlota G. Revocable Trust (Cruz Trust) and are trustees of the Cruz Trust. In December 2012, Carlota and Antonio amended the Cruz Trust. All of Carlota and Antonio's assets and real property were allegedly placed under the Cruz Trust. Due to their advanced age and medical...

Excerpt: ...omissory note and business loan agreement executed by Schlick. Subsequently, the principal loan amount was increased to $200,000, the maturity date was extended to July 19, 2019, and Defendants William and Howard Schlick, trustees of The 2003 Jeanne M. Schlick Irrevocable Trust U/D/T Dated March 13, 2003 (Schlick Trustees), were added to the loan agreement as co-borrowers. Pacific Western Bank alleges Schlick and the Schlick Trustees (collectivel...

Excerpt: ...entions. In 2008, Khodabakhsh began working with Vechik to help monetize clean energy technology developed by Khodabakhsh. Subsequently, Khodabakhsh alleges Vechik began falsely claiming to be an equal partner in Khodabakhsh's work. Khodabakhsh then claims Vechik took a laptop computer and flash drive from Khodabakhsh that contained designs, drawings, and marketing materials for Khodabakhsh's technology and refused to return it. When Khodabakhsh ...

Excerpt: ...partment G (Pomona) and further briefing is ordered pursuant to the briefing schedule set at that hearing. BACKGROUND This is a breach of contract action arising from a series of sublease agreements. Defendants Cups (DE) LP (Cups) and Wadd-II (TN) LP (Wadd) are alleged to be the owners of a commercial property in the City of Industry. Since 2001, Defendant Novolex Holdings, LLC (Novolex) allegedly rented the City of Industry property from Cups an...

Excerpt: ...al California and Sokly Chen TENTATIVE RULING Defendants Yanlin Li, Fiorano Motorsport LLC, Bianco Corsa Motorsport, Inc., and Yokohama Imports USA, LLC's Demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED IN PART with twenty (20) days leave to amend and OVERRULED IN PART as follows. As to Defendant Yanlin Li, the Demurrer is OVERRULED as to the first, second, third, fourth, fifth, seventh, eighth, ninth, tenth, eleventh, twelfth, thir...

Excerpt: ...chasing a 2022 GMC Sierra 1500. Subsequently, IWS alleges the vehicle developed defects with its check engine light, engine, ECM, and fuel system. On January 12, 2023, IWS filed a complaint against General Motors and Does 1-10, alleging a violation of the Song-Beverly Consumer Warranty Act. On May 11, 2023, IWS filed a motion to compel the deposition of General Motors' person most qualified. On June 8, the court granted IWS's motion in part and d...

Excerpt: ...ed injuries after being hit on the head by a pallet that fell off a forklift. The alleged accident occurred at a site owned by Defendant Hometo Inc. (Hometo) in the City of Industry. On March 15, 2023, Padilla filed a complaint against Hometo and Does 1-50, alleging causes of action for (1) general negligence and (2) premises liability. On September 27, 2023, Service American Indemnity Company (Service) filed the present motion as an intervenor. ...

Excerpt: ...his is a personal injury action arising from an automobile collision. In January 2022, Plaintiff Bruce Tames was involved in an automobile collision with Defendants Zhirui Ma and Daniel Sanchez on Interstate 10 near White Avenue. On June 8, 2023, Tames filed a complaint against Ma, Sanchez, and Does 1-10, alleging a cause of action for motor vehicle negligence. On September 11, 2023, State Farm Fire and Casualty Company (State Farm) filed the pre...

Excerpt: ... The Demurrer is OVERRULED IN PART as to the fifth cause of action. BACKGROUND This is a wrongful foreclosure action. In November 2006, Plaintiff Caroline Garcia obtained a mortgage loan on real property in Hacienda Heights in the amount of $322,000 from Mega Capital Funding, Inc. (Mega Capital). The mortgage was secured with a deed of trust. In June 2012, Mega Capital assigned the deed of trust to a securitized trust represented by Defendant HSB...

Excerpt: ...is a partition action involving real property in Pomona. In April 1994, Maria Luisa Sandoval and Plaintiff Ramiro S. Lopez acquired the Pomona property through a grant deed as tenants-in-common. In February 2022, Sandoval and Lopez mortgaged the Pomona property through Defendant Travelers Bank & Trust (Travelers). In May 2004, Sandoval and Lopez also mortgaged the Pomona property through Defendant Mortgage Electronic Registration Systems, Inc. (M...

Excerpt: ... use CG Plastics' funds for work on Shang's personal residence and DENIED as to the remaining issues. BACKGROUND This is a breach of contract action arising from a recycling venture. In March 2019, Dongjin Zhang agreed to become business partners with Defendant Sam Shang in a recycling venture. On April 23, 2019, Shang formed CG Plastics LLC (CG Plastics) and assisted Zhang in forming Ian Giant, Inc. (Ian Giant) as Zhang's investment company. On ...

Excerpt: ...obile collision. In January 2022, Defendant Freddy Omar Perez Talavera was driving a box truck westbound on State Route 60 in Los Angeles County. When traffic in front of Perez Talavera came to a stop, Perez Talavera collided with the vehicles and caused a multi-vehicle collision. One of the vehicles hit in the collision was being operated by Plaintiff Ramon Perez. At the time of the collision, Perez Talavera was working for Defendant Dynamic Del...

Excerpt: ...ik is a marketer of inventions. In 2008, Khodabakhsh began working with Vechik to help monetize clean energy technology developed by Khodabakhsh. Subsequently, Khodabakhsh alleges Vechik began falsely claiming to be an equal partner in Khodabakhsh's work. Khodabakhsh then claims Vechik took a laptop computer and flash drive from Khodabakhsh that contained designs, drawings, and marketing materials for Khodabakhsh's technology and refused to retur...