Excerpt: ...5_ Default judgment was entered on January 24, 2006. On April 11, 2022, 'CMS filed an application and order for appearance and examination against Defendant Peter Zuk_ The hearing is set for June 28, 2023. Motions to Compel Assignee Intellectual Capital Management & Servicer, Inc.'s motions for orders compelling responses to interrogatories and requests for production are DENIED as moot and its requests for sanctions are GRANTED. Moving Party to ...

Excerpt: ...posing Party to gwe notice. Defendant AVMGH SIX-THUNDERBIRD VILLA LIMITED PARTNERSHIP's Request for Judicial Notice is GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. (Cal. Ev. Code 5452.) This personal mjury action was field by Plaintiffs MELBA CASTILLO, individual, and as successor-in- interest to Douglas Castillo; JEANETTE SELENA ORTEGA PERALTA a mmor, by and through her guardian ad litem; ...

Excerpt: ...or summary judgment pursuant to CCP S 437c_ FIRST AMENDED COMPLAINT Plaintiff Villa Madrid, LLC is the owner of the Property. (FAC, II 8.) Villa Madrid hired Plaintiff Kitchen Gallery as its general contractor to construct a 22-unit apartment building on the Property. (ld.) Kitchen Gallery then hired East & West Plumbing, Inc. (UE&W') to perform certain plumbing work on the Project. (ld.) Plaintiffs sued in Case No. VC067227_ (ld ) "At the time o...

Excerpt: ...the court below. Defendant to give NOTICE. First Amended Complaint Plaintiffs First Amended Complaint alleges that Plaintiffs 2016 Infiniti QX80 vehicle suffers from Transmission, Electrical, and Distance Control Assist Defects, and Defendant has been unable to repair the vehicle within a reasonable number of attempts. The FAC asserts causes of action for: 1. Violation ofCC S 2. Violation ofCC S 3. Violation of CC S 4. Violation ofCC S 1791 _2(a)...

Excerpt: ... grounds. The Clerk is ORDERED to strike the labels, 4th 6th 8th, and 13th - ORDERED to strike the 8th and 14th causes of action from the caption of the SAC. Defendant is ORDERED to file and serve its Answers within 10 days. Opposing Party to give NOTICE. Defendant Iglesia de Cristo Ministerios Llamada Final, Inc. ("Iglesia") demurs to the Second Amended Complaint ("SAC") on the ground that it fails to state facts sufficient to constitute a cause...

Excerpt: ...f') on Januaty 24, 2023. Plaintiff alleges that she is over 65 years of age and has been the title owmer of the Subject Property located at 14322-28 Corby Ave„ Norwalk, CA ("Subject Property") since April 24, 2018. Plamtiff alleges the following relevant facts: "On or about August 11, 2005, Plaintiff and her late husband Fernando C. Garcia entered into a contract with Defendants Abutin for the purchase of the Subject Properv. Pursuant to the te...

Excerpt: ...sponses to Request for Production of Documents (set one) Nos. 16, 17, 18, 19-32, 33, 37-41, and 45- 46. On April 28, 2023 (prior to the date the instant Motion was filed), Defendant filed its Opposition. In Opposition, Defendant argues that Plaintiffs requests are overbroad and seek irrelevant information. Defendant further indicates that supplemental documents responsive to the subject requests were served on March 17, 2023. CCP S 2031.310 allow...

Excerpt: ...on was denied without prejudice on August 2, 2022. This Court agrees, and will proceed on the merits. The Agreement containing the subject Arbitration Clause was executed by Decedent and a Representative for the Defendant, and states: "By signing below, you agree that any and all claims and disputes arising from or related to this Agreement or to your residence, care or services at Lakewood Park Manor...including, without limitation, personal inj...

Excerpt: ...gligence and elder abuse/willful misconduct (Case No: 22STCV09160). The underlymg action was compelled into arbitration on June 15, 2022 per stipulation ofthe parties. Decedent died on August 24, 2017. On October 25, 2022, Plaintiffs, as the surviving heirs and/or successors in interest of Decedent filed the instant action for wrongful death. The Court notes that the instant case and the underlymg case were deemed not related on November 7, 2022....

Excerpt: ...ion was filed by Plaintiffs MARIA FLORES DE AREVALO and MAURICIO AREVALO ("Plaintiffs"). Plaintiffs alleges that Defendant AMERICAN HONDA MOTOR CO„ INC. ("Defendant' or "Honda") did not disclose and actively concealed a defect knowm as the "Transmission Defed' affecting Plamtiffs Plaintiffs' 2019 Honda Pilot vehicle. (See e.g„ Complaint "[11-63.) Plamtiffs' Complaint asserts the following causes of action: (1) Violation of Song-Beverly Act (B...

Excerpt: ...ion was filed by Plaintiffs YESENIA GARCIA and ARMANDO GARCIA CPIaintiffs"). Plamtiff alleges that Defendant AMERICAN HONDA MOTOR CO., INC. ("Defendant" or "Honda") did not disclose and actively concealed a defectknowm as the "Honda Sensing Defect" affecting Plaintiffs Plamtiffs' 2020 Honda Pilot vehicle. (See e.g„ Complaint "11-77.) Plamtiffs' Complaint asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Expres...

Excerpt: ...ICE. Demurrer Cross-Defendant George Makary demurs to the ISt cause of action of the First Amended Cross-Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action, and is uncertain. The Complaint filed by Plaintiff Makary alleges that Plaintiff purchased the subject real property from Jazmine Vazquez, who vacated the premises on December 17, 2021. (Complaint, II 4.) At the time, Defendant Guillermina Vazquez...

Excerpt: ...tain. This is a real property dispute between two adjoining land owners. Defendant Rosalba Avalos owns real property located at 7523 Muller Street, Downey California. Plaintiff Ruben Dominguez owns the adjoining property located at 7531 Muller Street, Downey California The property in dispute is a strip of land that is approximately 3 feet wide by 120 feet long that is located within Avalos's property boundary line, and which borders Dominguez's ...

Excerpt: ...such information and belief, alleges that on or about September 26, 2021 , the City of Cerritos maintained the sidewalk located between 13745 and 13751 Beach Street Cerritos, CA 90703. On further information and belief, Defendant Brightview Tree Care Services Inc., performed tree trimming and related arborist maintenance at or near the subject PREMISES on March 5, 2021. Because of Defendant the City of Cerritos' and Defendant Brightview Tree Care...

Excerpt: ... Service, Inc. demurs to the complaint ground that the claims fail to state facts sufficient to cnnstitute a cause of action. Plaintiffs Gloria Granados and Hector Jimenez allege that "[o] n December 28, 2018, Plaintiffs entered into a warranty contract with MERCEDES-BENZ regarding a 2019 Mercedes-Benz C-Class, VIN: 55SWF8DB2KU294717, ("the SubjectVehicle"). The terms of the express warranty are described in full in Exhibit 1." (Complaint 14.) "D...

Excerpt: ...endants Sedrak and O&C Hillside Management Co. ("O&C Hillside") move to quash the March 17. 2023 subpoena and for a protective order pursuant to CCP S1987_1 On June 21 , 2021 , Plaintiff, the Windmill Co., Inc., filed an action against Fayez Sedrak and O&C Hillside Resources Management Co., alleging Breach of Contract, Breach of Implied Covenant of Good Faith and Fair Dealing, and Declaratory Relief. Plaintiff alleged that on January 3, 2020, Pla...

Excerpt: ...arbitration of Plaintiffs' claims and a stay of this action. In Opposition, Plaintiff argues that the Motions should be denied because the Agreement was fraudulently induced, and is unconscionable. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP S 1281 "In California, [g]eneral prin...

Excerpt: ...laintiff) on April 27, 2022. On November 10, 2022, the operative First Amended Complaint ("FAC") was filed. Plamtiffs FAC asserts the following causes of action: (1) Dependent Adult Abuse; and (2) Professional Negligence. Defendant PIH HEALTH HOSPITAL action. — DOWNEY ("Defendant') generally demurs to the first cause of First Cause of Action - Dependent Abuse and Neglect A cause of action under the Elder Abuse Act must be alleged with particula...

Excerpt: ... least sixteen (16) court days before the next hearing. Any opposition and reply papers shall be sewed in accordance with the Code of Civil Procedure section 1005. Moving party to also give notice of this ruling. ound On November 14, 2022, Claimant Azara Price ("Claimant") commenced this action by filing a Petition to be Relieved From Government Code section 945.4 (the "Petition"), against Respondents The Civ of Los Angeles, The County of Los Ang...

Excerpt: ...e. On June 17, 2022, Defendant L RMC filed a cross-complaint against Cross- Defendants (1) AMN Healthcare, Inc.; (2) John Boyle, RNV (3) Bhavik Thakkar, MD; (4) Barugar Ravi, MD; (5) Arthur F. Gelb Medical Corporation, and MOEs 1 30 for (1) total equitable indemnity; (2) partial equitable indemnity; (3) contribution and repayment; and (4) declaratory relief. On July 13, 2022, LRMC substituted Meditec Staffing Company (Meditec) as MOE 1 On October...

Excerpt: ...as filed by Plaintiffs ROBERT W. HARROLD and MAUREEN M. HARROLD on April 10, 2023. The operative Complaint alleges, in pertinent part: "This lawsuit arises from the actions of Defendants in conspiring to steal Plaintiffs' home located at 9527 Ives Street Bellflower, California 90706 ('Subject Property' or 'Home').... " (Complaint 19.) Plaintiffs' Complaint asserts the following causes of action: (1) Fraud/Deceit; (2) Financial Elder Abuse; (3) Qu...

Excerpt: ...greement to arbitrate that was executed on Plaintiff's behalf by her self- appointed agent (Martha Pacheco) via an Advanced Healthcare Directive. In Opposition, Plaintiff argues that the Motions should be denied because the defendants moving to compel arbitration herein are non-signatories to the Arbitration Agreement at issue. Moreover, Plaintiff argues that Defendants have failed to meet their burden of proving the existence of a valid arbitrat...

Excerpt: ...intiffs”) on May 11, 2020. On May 26, 2021, the operative Second Amended Complaint (“SAC”) was filed. The relevant facts, as alleged, are as follows: “FARMERS issued an automobile insurance policy to RICO… effective on January 9, 2019.” (SAC ¶4.) “FARMERS also issued an Employment Practices Liability Policy to ACG… the retroactive date of this policy was March 21, 2019.” (SAC ¶6.) “On August 7, 2019, a traffic collision occu...

Excerpt: ...lleged, are as follows: “Plaintiff is in the business of providing consulting services including ‘finder' services in the equipment rental industry.” (Complaint ¶1.) “In or around July 2017, Plaintiff introduced Defendants to SUNBELT. Plaintiff alleges on information and belief that in or around June 2019, SUNBELT, a party introduced to KING by Plaintiff, purchased the KING business including the rental equipment fleet. Due to Defendant'...

Excerpt: ...iled on or before the hearing, the following analysis applies: Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possession. (CCP § 512.010(a).) The application shall include all of the following, which may be established by affidavit, pursuant to CCP § 512.101(b): 1. The basis of the plaintiff's claim that the plaintiff is entitled to possession; 2. A showing that the property is wrongfully detai...