Excerpt: ...s DENIED. Defendant to file its Answer to Plaintiffs Complaint in ten (10) days. BACKGROUND This is a lemon law action. On April 30, 2017, Plaintiff Rubisela Martinez Chavarin entered into a warranty contract with Defendant General Motors LLC by purchasing a 2017 Chevrolet Colorado. Subsequently, Plaintiff alleges the vehicle exhibited transmission defects. On February 3, 2023, Plaintiff filed a complaint against Defendant and Does 1-10, alleging...

Excerpt: ...aint are CONTINUED to a date to be determined at the hearing in Department G (Pomona). Defendanes counsel is also ordered to meet and confer with Plaintiffs counsel regarding the Demurrer and Motion to Strike 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 sexual abuse of a high school student by school staff. Defe...

Excerpt: ... with a strep infection that spread to Plaintiffs lungs. As a result of this infection, Plaintiff underwent surgery at a Brazilian hospital in Sao Paulo. After returning to California, Plaintiff submitted a claim to Plaintiffs insurer, Defendant California Physicians' Service. Plaintiff alleges Defendant denied Plaintiffs two claims and appeal on the grounds that Plaintiffs surgery was not emergency treatment. On January 6, 2023, Plaintiff and Gl...

Excerpt: ...ffs motion is also GRANTED IN PART as to document requests 1, 3-7, 9, 10, 15, and 16, and DENIED IN PART as to document requests 2, 8, and 11-14. Within ten (10) days of the issuance of this order, Defendant is ordered to provide Plaintiff with code-compliant responses to Plaintiffs discovery requests and provide Plaintiff with dates for the deposition of Defendant's person most I--mowledgeable. BACKGROUND This is a lemon law action. On December ...

Excerpt: ...covery requests propounded on November 29, 2022, and again provided on March 16, 2023. Defendant must serve code-compliant responses to these discovery requests, with or without objections, on Plaintiff within five (5) days of the issuance of this order, or on or before June 5, 2023. BACKGROUND This is a premises liability action. On November 10, 2021, Plaintiff Gerald Pardo was walking on Towne Avenue near San Antonio Avenue in Pomona when an al...

Excerpt: ...rking with Defendant to help monetize clean energy technology developed by Plaintiff. Subsequently, Plaintiff alleges Defendant began falsely claiming to be an equal partner in Plaintiffs work. Plaintiff then claims Defendant took a laptop computer and flash drive from Plaintiff that contained designs, drawings, and marketing materials for Plaintiffs technology and refused to return it. When Plaintiff confronted Defendant about the laptop compute...

Excerpt: ... DENIED. BACKGROUND This is an action for medical malpractice and wmongful death. In September 2019, John Clonts (Clonts) was admitted to a residential care facility operated by St. Francis Home for the Elderly, Inc. (St. Francis) for hospice care. At the time of Clonts' admission, Clonts was around 90 years of age and suffered from dementia, hearing difficulties, and ambulatory issues. During Clonts' stay, St Francis allegedly failed to follow h...

Excerpt: ...nne Wang are ordered to file an answer to the Second Amended Cross-Complaint in ten (10) days. BACKGROUND This is a breach of contract action arising from a credit agreement. On March 26, 2019, Horizon Tire, Inc. (Horizon Tire) entered into a written agreement with Trotta Tires II, LLC (Trotta Tires) in which Horizon Tire agreed to extend credit to Trotta Tires for the purchase of tires. Horizon Tire alleges Trotta Tires breached the agreement by...

Excerpt: ...ng westbound on 1-10 in the fourth lane with Grisol Lupita Ramirez (Ramirez) as a passenger. As a result of an allegedly dangerous condition that resulted in mud, gravel, and rocks on the roadway, Reyes lost control of the vehicle, collided with the concrete center median, and came to a stop in the second lane. After observing smoke from the vehicle's engine, Reyes and Ramirez exited the vehicle. Around the same time, Michael Minh Quang Dinh (Din...

Excerpt: .... Defendant Haat Investments, LLC owns commercial real property in Glendora. On November 3, 2021, Plaintiff visited a liquor store on Defendant's Glendora property to purchase a beverage. During the visit, Plaintiff alleges the following barriers to access existed: (1) a built-up curb ramp that projects from sidewalk into the access aisle in excess of maximum grade allowed by ADA Standards for Accessible Design and (2) an obstructive wheel stop p...

Excerpt: ...st Amended Complaintzare CONTINUED to date to be determined at the hearing. Defendanes counsel is also ordered to meet and confer with Plaintiffs counsel regarding the Demurrer and Motion to Strike 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 is a medical malpractice action. On October 4, 2021, Defendants Sapna Sangai Rasani, M.D. (Dr...

Excerpt: ... Harold Lara purchased a certified pre owned 2019 Nissan Pathfinder and alleges express warranties from Defendant Nissan North America, Inc. accompanied the sale, including that Defendant undertook to preserve or maintain the utility or performance of Plaintiffs vehicle and provide compensation if there was a failure in such utility or performance. Plaintiff alleges the vehicle has serious defects and nonconformities including engine, electrical,...

Excerpt: ...nd primary anastomosis procedure performed by Myron Mariano, M.D. (Dr. Mariano) after a cancerous mass was discovered in George Page's sigmoid colon. After George Page began experiencing complications, Dr. Mariano performed a laparotomy on May 24 and discovered an anastomotic leak at the site of the previous procedure. Dr. Mariano then performed a resection of the anastomosis and created a colostomy. On May 29, George Page had to be intubated due...

Excerpt: ...ENIED IN PART as to Request Nos. 22, 23, 25, 30, and 31. Defendant General Motors, LLC is ordered to serve further and complete code- compliant responses without objection, except where otherwise allowed by this ruling, on Plaintiff within ten (10) days of the issuance of this order. BACKGROUND This is a lemon law action. On November 15, 2020, Plaintiff Jose Isabel Garcia entered into a warranty contract Defendant General Motors, LLC by purchasin...

Excerpt: ...egally. On June 7, 2021, the Ci5r of El Monte (PlamtifO filed a complaint against Dan Tu Cun (Cun), Jian Zou (Zou), Eagle Home Mortgage, LLC (Eagle Home Mortgage), and Does 1-100 alleging the followmg 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, Plaintiffs registered process server sewed Cun and Z...

Excerpt: ...AINED IN PART and OVERRULED IN PART. Defendants Fleet Capital, Inc„ Inco Builders, and Sam Ostayan's Motion to Strike Portions of Plaintiffs Second Amended Complaint is GRANTED without leave to amend. BACKGROUND This action arises from an alleged wrongful foreclosure. On July 30, 2021, Plaintiff Diana Culkin, also known as Diana Jannette Marmolejo Corona, filed a complaint against Fleet Capital, Inc. (Fleet Capital), Best Alliance Foreclosure a...

Excerpt: ... file a supplemental declaration describing such meet and confer efforts at least (9) court days before the next scheduled hearing. On the coures own motion pursuant to Code of Civil Procedure section 436, the court GRANTS a motion to strike Plaintiffs First Amended Complaint filed April 27, 2023 as improperly filed pursuant to Code of Civil Procedure section 472. BACKGROUND This is an action to quiet title involving a residential property in La ...

Excerpt: ...fendant S193,115. On October 10, Plaintiff alleges Defendant breached the agreement by failing to repay the principal loan and accrued interest. On May 19, 2021, Plaintiff filed a complaint against Defendant and Does 1-50, alleging the following causes of action: (1) breach of contract, (2) fraud, and (3) common counts. On August 4, 2021, Plaintiff filed a First Amended Complaint (PAC) against same defendants alleging (1) breach of contract and (...

Excerpt: ...chair for mobility. Preston Cole LLC (Preston Cole) owns and operates a liquor store in Pomona on property owned by Preston Cole and 3560 University Plaza Pomona LLC (3560 University). On August 22, 2022, Plaintiff visited the liquor store to access its goods and services and assess the business for compliance with disability access laws. During the visit, Plaintiff alleges the following barriers to access existed: (1) the sales counter was too h...

Excerpt: ...strict (WCUSD) determined Plaintiff was eligible for special education. During the 2012-2013 school year, Plaintiff spent the first grade at Ävo different elementary schools where WCUSD allegedly failed to provide proper support for Plaintiff and Plaintiff was subjected to physical, verbal, and psychological abuse. During the summer of 2013, Plaintiffs parents reached a settlement with WCUSD in which Plaintiff would be placed in a state licensed...

Excerpt: ..., Dept. G (Pomona). Defendant is also ordered meet and confer with Plaintiffs counsel regarding the Demurrer and Motion to Strike and to file a supplemental declaration describing such meet and confer efforts at least (9) court days before the next scheduled hearing. BACKGROUND This is a lemon law action. On April 30, 2017, Plaintiff Rubisela Martinez Chavarin entered into a warranty contract with Defendant General Motors LLC by purchasing a 2017...

Excerpt: ...lified. BACKGROUND This is a lemon law action. On September 15, 2018, Plaintiff Manuel Meza, Jr. entered into a warranty contract Mith Defendant General Motors, LLC by purchasing a 2018 Chevrolet Camaro. Subsequently during the warranty period, Plaintiff alleges the vehicle developed defects with its transmission system. On July 29, 2022, Plaintiff filed a complaint against Defendant and Does 1-50, alleging (I)violation of Civil Code section 1793...

Excerpt: ... Defendant Eliborio Ramirez Cruz in which Plaintiff agreed to lend $30,000 to Defendant with a monthly interest rate of Plaintiff alleges Defendant breached the agreement by failing to make agreed upon payments. On April 6, 2022, Plaintiff filed a complaint against Defendant, alleging breach of contract. On November 17, Plaintiff filed a First Amended Complaint against the same Defendant, alleging (1) breach of contract, (2) common counts, and (3...

Excerpt: ...r America by purchasing a 2021 Hyundai Palisade from a dealership. Plaintiffs allege the vehicle did not conform to the warranty as it had serious defects with its electrical, engine, structural, transmission, suspension, and emission systems. On December 21, 2022, Plaintiffs filed a complaint against Defendant and Does 1-10, alleging (I)c'breach of express warranty, (2) breach of implied warranty, and (3) violation of section 1793.2, subdivision...

Excerpt: ...t should or should not transfer the First Amended Cross‐Complaint to a Probate Department, subject to the briefing schedule set by the court at the hearing. BACKGROUND This is an action arising from a dispute over a family trust. On September 3, 1998, Carlota G. Cruz (Carlota Cruz) and Carlota Cruz's husband, Antonio V. Cruz (Antonio Cruz), formed The Antonio V. Cruz and Carlota G. Revocable Trust (Cruz Trust) and are trustees of the Cruz Trust...

Excerpt: ...plaint against Defendant Allstate, alleging Defendant has engaged in insurance bad faith by delaying resolution of Plaintiff's insurance claim. From September 2019 to November 2022, Defendant Allstate provided Plaintiff Bin Yang with renter's insurance. On August 16, 2022, Plaintiff alleges Plaintiff's former landlord broke into Plaintiff's storage locker in El Monte and stole or removed Plaintiff's property. On March 7, 2023, Defendant filed the...

Excerpt: ...ded Complaint Respondent: NO OPPOSITION TENTATIVE RULING Defendants Sarah Lee Kendall, Karen H. Allen (erroneously named “Karen H. Allan”), Crossroads Family Therapy LLC, and Abundance Therapy Center's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED without leave given to amend. Defendants Sarah Lee Kendall, Karen H. Allen (erroneously named “Karen H. Allan”), Crossroads Family Therapy LLC, and Abundance Therapy Center's Moti...

Excerpt: ...efendant General Motors LLC's Motion to Strike Punitive Damages from Plaintiffs' First Amended Complaint is DENIED. BACKGROUND This is a lemon law action. On July 5, 2020, Camilo Rivera Guzman and Christian Rivera Gomez (collectively, Plaintiffs) entered into a warranty contract with Defendant General Motors LLC by purchasing a 2020 Chevrolet Colorado. The warranty contract included a 3- year/36,000-mile express bumper to bumper warranty and a 5-...

Excerpt: ... (Gladden) is a Hong Kong corporation engaged in the business of exporting textiles from China to the United States. Plaintiff worked with textile factories in China and an export shipping company in Hong Kong to fulfill orders from California businesses that include Swat Fame, Inc. (Swat Fame), Defendant Dear John Denim, Inc. (Dear John), and Defendant Ashley Mason, LLC (Ashley Mason). Defendant Makin International, Inc. (Makin) served as an int...

Excerpt: ...IED IN PART as to Defendant Nicholas Shishido. Terminating sanctions are imposed, Defendants Henry James Shishido, Alona Lynn Shishido, H&S Mfg., Robert Fuentes, Desirae Fuentes, and Athena Marie Soto's Answer to Plaintiff's First Amended Complaint is STRICKEN and DEFAULT is entered against Defendants as of this date. BACKGROUND This is an action arising from alleged fraud. Plaintiff Accu-Blend Corporation is in the business of manufacturing wax....

Excerpt: ...hout leave to amend. Defendant Nageswara R. Guntupalli, M.D.'s Motion to Strike Portions of Plaintiffs' Third Amended Complaint is GRANTED without leave to amend. BACKGROUND This is a personal injury action. Plaintiff Joshua Acosta (Acosta) was involuntarily committed to the Aurora Charter Oak Hospital, a psychiatric hospital in Covina, where Acosta was allegedly attacked and beaten by hospital employees. On December 18, 2020, Acosta filed a comp...

Excerpt: ...to March 2020, Plaintiff attended South Pointe Middle School (South Pointe) in the Walnut Valley Unified School District (WVUSD) as a sixth grader. During this time, another sixth-grade special needs student named Student X sexually assaulted Plaintiff in restrooms at South Pointe during the school day on multiple occasions. Student X also exchanged sexually explicit messages, photographs, and videos with Plaintiff. After Plaintiff's mother learn...

Excerpt: ...allegedly tripped on the doorway threshold of the restaurant's rear entrance and fell onto the pavement. As a result of Plaintiff's fall, Plaintiff suffered a fractured ankle, abrasions, lacerations, torn right shoulder and bicep tendons, and a bruised knee. Plaintiff subsequently had to receive medical treatment at the Pomona Valley Hospital Medical Center. Plaintiff alleges the doorway was dangerous and unsafe. On October 7, 2022, Plaintiff fil...

Excerpt: ...mpel Defendant Wind Chime Properties, L.P.'s Further Responses to Special Interrogatories, Set One is GRANTED. Defendant Wind Chime Properties, L.P. is ordered to serve further and complete code‐ compliant responses without objection on Plaintiff within ten (10) days of the issuance of this order. Sanctions are awarded to Plaintiff against Defendant in the amount of $400, payable within thirty (30) days of the issuance of this order. Plaintiff ...

Excerpt: ...t a warehouse. On June 15, 2021, Plaintiffs Jin Hong Gong and Ling Fong entered into an oral agreement with Defendants Chung Woo Chan (Chan), Tai Wan Wong (Wong), and LMI Autoparts Inc. (LMI) in which Plaintiff agreed to clear out Defendants' warehouse in the City of Industry by August 31 in exchange for Defendants paying $3 per square foot. After Plaintiffs allegedly completed the tasks on August 11, Plaintiffs allege Defendants breached the agr...

Excerpt: ...for Punitive Damages is deemed MOOT. BACKGROUND This is a breach of contract and fraud action arising from an investment agreement. On March 31, 2020, Plaintiff Kevin Chen entered into an oral agreement with Defendant Kevin Chen in which Plaintiff agreed to invest $155,000 with Defendant. In March 2021, after Plaintiff made a profit of $50,000, Plaintiff asked Defendant to return the money. While Defendant returned some of the money, Plaintiff al...

Excerpt: ...ded Complaint Respondent: NO OPPOSITION TENTATIVE RULING Defendants Sarah Lee Kendall, Karen H. Allen (erroneously named “Karen H. Allan”), Crossroads Family Therapy LLC, and Abundance Therapy Center's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED without leave given to amend. Defendants Sarah Lee Kendall, Karen H. Allen (erroneously named “Karen H. Allan”), Crossroads Family Therapy LLC, and Abundance Therapy Center's Moti...

Excerpt: ...lifornia and Sokly Chen TENTATIVE RULING Defendants Yanlin Li, Fiorano Motorsport LLC, Bianco Corsa Motorsport, Inc., and Yokohama Imports USA, LLC's Demurrer to Plaintiffs' First Amended Complaint is SUSTAINED IN PART and OVERRULED IN PART with twenty (20) days leave to amend. Defendants Yanlin Li, Fiorano Motorsport LLC, Bianco Corsa Motorsport, Inc., and Yokohama Imports USA, LLC's Motion to Strike Portions of Plaintiffs' First Amended Complai...

Excerpt: ...laintiffs time as a student, Plaintiff was allegedly bullied, tormented, and subjected to verbal, physical, and sexual assault by fellow students on school premises and while being transported to and from school. As a result, Plaintiff allegedly suffered significant physical and psychological trauma. On January 20, 2021, Plaintiff, by and through guardian ad litem Olivia C., filed a complaint against West Covina Unified School District (WCUSD); C...

Excerpt: ...onal Association entered into a written agreement with Defendant Nuan Corp. (Lion Express), doing business as Lion Express, in which Plaintiff agreed to provide $381,972.81 for Lion Express to purchase equipment. Lion Express agreed to make an initial payment of S395, sixty-three monthly payments of $4,639.39, and one final payment of $81,034.39. James Yuan (Yuan) and Golden Lion Transportation (Golden Lion) also executed personal guaranties to g...

Excerpt: ...ze Sun, and sister-in-law, Plaintiff Shuang Xia (Xia), are Chinese citizens. In January 2021, Tianze Sun and Xia's non-immigrant visas were about to expire when their child was in serious medical condition and needed surgery. In order to stay in the United States for their child's medical treatment, Tianze Sun and Xia sought out immigration experts and discovered Defendant Coastline Immigration Service, Inc. (Coastline). Bianca Sun, Tianze Sun, a...

Excerpt: ...breach of contract action arising between an employer and a former employee. Plaintiff Loa Inel (USA) Transport Co. Inc. is a transportation business that worked closely with RL Jones, a customs brokerage and international logistics company in Texas. Defendant George Liu was an employee of Plaintiff who worked closely with RL Jones, was aware of the business relationship between RL Jones and Plaintiff, and signed a confidentiality and non-disclos...

Excerpt: ...emborg Ford (Defendant). Subsequently, Plaintiffs' vehicle manifested engine defects. On November 8, 2022, Plaintiffs filed a complaint against Ford, Defendant, 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 January 10, 2023, Defendant filed the present demurrer. Prior to filing on December 28, 2022, Defendant's counsel met and conferred telephon...

Excerpt: ...Plaintiffs Complaint is OVERRULED. Defendants 'Matias' Clinical Laboratory, Inc. and Emilio Villarba's Motion to Strike Portions of Plaintiffs Complaint is DENIED. BACKGROUND This is a breach of contract action arising from an equipment lease agreement. On October 12, 2020, Thermo Fisher Financial Services, Inc. (Thermo Fisher) entered into a written lease agreement with Defendant 'Matias' Clinical Laboratory, Inc. (Matias Clinical Lab), doing bu...

Excerpt: ...ido, Alona Lynn Shishido, Robert Fuentes, Desirae Fuentes, Athena Marie Soto, and Nicolas Shishido is GRANTED. Sanctions are awarded in the amount of $461.65 and payable within thirty (30) days of the issuance of this order. BACKGROUND This is an action arising from alleged fraud. Plaintiff Accu-Blend Corporation is in the business of manufacturing wax. Defendant Henry James Shishiso (Henry Shishido) has served as Plaintiffs daily operations mana...

Excerpt: ...endant APCK Inc. is GRANTED. BACKGROUND This is a breach of contract action arising from a loan and security agreement On December 3, 2021, Plaintiff BMO Harris Bank N.A. entered into a written loan and security agreement with Defendant APCK Inc. (APCK) for the financing of certain collateral. Plaintiff alleges APCK breached the agreement by failing to make monthly installment payments on September 1, 2022 and now owes $242,106.77, in addition to...

Excerpt: ...ponse without objection on Defendant within ten (10) days of the issuance of this order. Furthermore, sanctions are also awarded in the amount of $700 against Plaintiff, payable within thirty (30) days of the issuance of this order. BACKGROUND This action arises from the sexual abuse of a high school student by school staff. Defendant Brandy Wilborn (Wilborn) was a teacher's aide employed by Defendant Claremont Unified School District (CUSD) at C...

Excerpt: ...ble to the public. As early as September 2022, Plaintiff visited Defendant's website multiple times and alleges the following barriers to access existed: (1) graphics, links, and buttons on the website were mislabeled or lacked alternative text (alt-text) for screen-reading software to read out; (2) multiple pages contained insufficient navigational headings; (3) product links and descriptions were inaccessible to screen reading technology, and (...

Excerpt: ... and file a supplemental declaration describing such meet and confer efforts at least (9) court days before the next scheduled hearing. BACKGROUND This is an action arising from a dispute over a family trust. On September 3, 1998, Carlota G. Cruz (Carlota Cruz) and Carlota Cruz's husband, Antonio V. Cruz (Antonio Cruz), formed The Antonio V. Cruz and Carlota G. Revocable Trust (Cruz Trust) and are trustees of the Cruz Trust On December 13, 2012, ...

Excerpt: ...M. Elias Trust. Luis Elias transferred real property to the trust, while retaining the right to possess, profit from, and manage the trust property until death. Luis Elias leased the trust property to Defendant Peter Elias who collected rent from the property s tenants. After Luis Elias died, Defendant continued to collect rent on the trust property. On August 30, 2021, Robles, as trustee of the Luis M. Elias Trust, filed a complaint against Jenn...