Excerpt: ...art and MOOT in part. Opposing Party to give Notice. This breach of contract action was filed by Plaintiff ACCENTIAN, INC. (“Plaintiff”) on October 8, 2021. On February 2, 2023, the operative Fourth Amended Complaint (“4AC”) was filed. The 4AC alleges the following relevant facts: “Plaintiff is a licensed cannabis manufacturing company specializing in the extraction of butane hash oil, which sells wholesale and directs a variety of cann...

Excerpt: ... PROCESSING COMPANY; CHRISTINE CAMPOS; and JOSE LOZANO (collectively “Defendants”) on December 30, 2022. Plaintiffs allege that “Plaintiffs and Defendants entered into an agreement to perform a home improvement renovation project at Plaintiff's Property located at 9330 Mines Avenue, Pico Rivera, CA 90660 (‘Property') on or about February of 2021, based on a verbal communications and representations about work to be performed. (‘Contract...

Excerpt: ...VICTOR C. CHARNETSKY, an individual and co-trustee of THE FAMILY TRUST OF VICTOR C. CHARNETSKY AND LETICIA L. CHARNETSKY; and CREWE STREET ACQUISITION, LLC (collectively “Plaintiffs”) against Defendants ROBERT MICHAEL ARONSON; and the LAW OFFICE OF ROBERT M. ARONSON (“Defendant” or “Aronson”) on April 13, 2023. The relevant facts, as alleged, are as follows: “Plaintiffs are creditors of non-parties Brian Buenviaje (‘Brian') and Ro...

Excerpt: ...an Honda Motor Co. (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle. Legal Standard CCP § 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (C...

Excerpt: ...fendant for discrimination, wrongful termination, and Labor and Government Code violations arising out of a workplace injury in July 2017. Plaintiff alleges that Norberto Garcia was his supervisor and Defendant's production manager for 25 years. Legal Standard “Any party may obtain discovery ... by taking in California the oral deposition of any person, including any party to the action. The person deposed may be a natural person, an organizati...

Excerpt: ...Assault; (2) Battery; (3) Sexual Battery; (4) Domestic Violence; (5) Corporal Injury to Spouse; (6) Gender Violence; (7) Ralphs Civil Rights Act; (8) Interference with Exercise of Civil Rights; (9) Intentional Infliction of Emotional Distress; and (10) Negligence stemming from alleged abuse against Plaintiff Winter beginning in 2017 and several instances of abuse against Plaintiff Doe. Legal Standard “When it appears to the court, at any time b...

Excerpt: ...ente Medical Group (Kaiser Defendants) for Negligence and Violation of the Emergency Medical Treatment and Active Labor Act, and against Chapman House, Inc., RRM Properties, LTD, Robertson's Ready Mix, LTD, Sean Aufmuth, and Nancy Dickson for Negligence. The claim arises from the death of Plaintiff's son Frank Campos during a transfer from a Kaiser's inpatient psychiatric unit to Chapman House's mental health facility. Legal Standard CRC, rule 3....

Excerpt: ...an order compelling further responses and compliance with its Requests for Production. Background Plaintiff Global Med Group, LLC (Plaintiff) filed a Complaint against Defendant for an alleged breach of contract arising out of an order of 20,188,000 protective face masks in 2020. Legal Standard “On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further respon...

Excerpt: ... Sixth, Seventh, and Ninth Causes of Action and move to strike Plaintiff's claims for punitive damages and attorney's fees. Plaintiff has agreed to dismiss the Ninth Cause of Action. Background Plaintiff hired Defendants to represent it to sell real property commonly known as 14411 Pontlavoy Avenue, Norwalk, California (the Property). Plaintiff alleges that Defendants negligently and fraudulently represented Plaintiff as its real estate agents in...

Excerpt: ...LLC, Shellpoint Mortgage Servicing, and JP Morgan Mortgage Acquisition Corp demurs to the 1 st, 3 rd – 8 th causes of action on the ground that the claims fail to state facts sufficient to constitute a cause of action. Complaint This is a wrongful foreclosure action, asserting causes of action for: 1. Violation of Civ. Code § 2923.5 2. Violation of Civ. Code § 2924(a)(1) 3. Violation of Civ. Code § 2923.6(c) 4. Violation of Civ. Code § 2923...

Excerpt: ...Inc., DaVita Inc., Staffieri, and Batistelli demur to the 1 st – 7 th, 13 th, and 17 th causes of action on the ground that they are barred by the statutes of limitations. 1. Failure To Pay Wages 2. Failure To Pay Overtime Compensation 3. Failure To Provide Rest Breaks 4. Failure To Provide Meal Breaks 5. Waiting Time Penalties 6. Failure To Provide Accurate Itemized Wage Statements 7. Failure To Reimburse Expenses to Employee 8. Disability/Per...

Excerpt: ...rs to the 2 nd cause of action for Fraudulent Inducement on the ground that it fails to state facts sufficient to constitute a cause of action. Complaint On August 17, 2021, Plaintiff(s) purchased a new 2021 Honda Accord, VIN 1HGCV1F48MA096461. (Complaint, ¶ 8.) “The Subject Vehicle was equipped with a defective computerized driver-assistance safety system and a defective collision mitigation braking system.” (Id., ¶ 85.) Based thereon, the...

Excerpt: ...operties, LLC (“Associated”) moves for summary judgment, or alternatively, summary adjudication as to Defendant's Affirmative Defenses 1 through 8. As a preliminary matter, the court notes that Plaintiff's motion incorrectly lists the order of Defendant's affirmative defenses. The court will discuss Defendant's affirmative defenses in the order listed in the Answer. As in ordinary civil cases, either party to an unlawful detainer action may f...

Excerpt: ...law firm of Garver, AV & Duncan from representing Defendant in this case is DENIED without prejudice. Opposing party to give Notice. Complaint Plaintiffs Khoshrozeh Dental Corporation and Mehrdad Khoshrozeh, DDS, allege that Defendants' maintained the “premises and the electrical systems therein, including the “plenum”, in such a manner that created a dangerous, defective and hazardous condition… [that] cause[d] a fire to initiate and ign...

Excerpt: ...n Management & Engineering (“ACME”) moves to set aside default judgment pursuant to CCP § 473(b). This is Breach of Contract action filed by Plaintiff American Construction Management & Engineering for $1,405,416.11. The Complaint asserts causes of action for: 1. Breach of Contract 2. Account Stated 3. Reasonable Value 4. Foreclosure on Mechanic's Lien J.R. Miller & Associates (“J.R. Miller”) filed a Cross-Complaint against ACME on May 4...

Excerpt: ...fees and costs in the amount of $3,635.00 against Aldo Flores for his continued failure and refusal to comply with the January 24, 2023 Order. In Opposition, Plaintiff argues that the Court does not have jurisdiction to hold him in contempt and that Defendant fails to satisfy the elements necessary for a finding of indirect contempt. “Disobedience of any lawful judgment, order, or process of the court” is an act of contempt of the authority o...

Excerpt: ...icle failed to cure the defects. On December 27, 2022, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act. Defendant NISSAN NORTH AMERICA, INC. (“Defendant” or “Nissan”) now seeks to compel arbitration under the Lease and its accompanying arbitration agreement. Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate b...

Excerpt: ...ten Nielsen v. Jan V. Choe, Case No. 20STCV32880. Defendants JAN. U. CHOE, PATTY CHOE TANG, and SENG TANG move for summary judgment against the Complaints of Plaintiffs MARIA GUADALUPE HERNANDEZ and KIRSTEN NIELSEN. The Motion was filed on November 2, 2022. On May 19, 2023, a Notice of Settlement between Plaintiff Kirsten Nielsen and Defendant Jan Choe was filed in the related 20STCV32880 action. Therefore, the arguments raised in the instant Mot...

Excerpt: ...s Second Amended Complaint is SUSTAINED with 10 days leave to amend. Moving Parties to give notice. This breach of contract action was filed by Plaintiff HENRY AGUILA (“pro per”) on April 25, 2022. On December 20, 2022, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges, in pertinent part: “Defendant Ipswich desired to procure a line of credit for shipments of lobsters to Thee Aguila Inc…. and to insure said shi...

Excerpt: ... that HONDA MOTOR CO., INC. (“Defendant” or “Honda”) did not disclose and actively concealed defects involving Honda's Honda Sensing System affecting Plaintiff's 2021 Honda Accord vehicle. (See e.g., FAC ¶¶8, 11-64.) Plaintiff's Complaint asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Express Warranty; and (2) Fraudulent Inducement – Concealment. Defendant generally demurs to the second cause of a...

Excerpt: ... Amended Complaint (“FAC”) was filed on January 28, 2023. Plaintiff alleges that GENERAL MOTORS LLC. (“Defendant” or “GM”) did not disclose and actively concealed transmission defects involving GM's Hydra-Matic 8L90 and 8L45 transmissions affecting Plaintiff's 2022 Chevrolet Silverado vehicle. (See e.g., FAC ¶¶6, 9-14.) Plaintiff's FAC asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Express Warra...

Excerpt: ...tions of the Song-Beverly Act for failure to repair or repurchase Plaintiffs' vehicle. Procedural Defect California Rules of Court, rule 3.1322 requires that “[a] notice of motion to strike a portion of a pleading must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count, or defense.” Here Defendant has requested in its Notice that “the Prayer for Relief insofar as...

Excerpt: ... Werbin, an attorney at DTLA Law Group, previously represented Defendant from 2017 to 2020. Mr. Werbin then joined DTLA Law Group in 2020. Judicial Notice Defendant's requests for judicial notice Nos. 1-13 are granted as they are records of any court of this state or of any court of record of the United States. (Evidence Code § 452(d).) Evidentiary Objections Plaintiff's objections to the Ruiters Declaration Nos. 1-7 are overruled. Plaintiff's o...

Excerpt: ...Center of Downey, LLC for: (1) Wrongful Termination; (2) Unfair Business Practices; (3) Failure to Pay Overtime Wages; (4) Failure to Provide Rest Periods; (5) Failure to Keep Time Records; (6) Waiting Time Penalties; (7) Pay Stub Violations; (8) Intentional Infliction of Emotional Distress; and (9) PAGA claims. Legal Standard “If a party to whom interrogatories are directed fails to serve a timely response …. The party to whom the interrogat...

Excerpt: ...m for punitive damages. Background Plaintiff filed a Complaint against Defendant PIH Health Hospital – Whittier (PIH) for (1) Negligence, (2) Willful Misconduct, (3) Professional Negligence, and (4) Edler Abuse arising from the death of Plaintiff's spouse, Daniel Gonzales (Decedent). Plaintiff filed a Second Amended Complaint (SAC) on May 31, 2023 which added Barlow Respiratory Hospital as a defendant and a Wrongful Death cause of action. Legal...