Excerpt: ...r 3, 2022, Plaintiff filed a Complaint against Defendant Volkswagen Group of America (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle and against Irvine Auto Retail II, Inc. (Irvine Auto) for negligent repair. 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 eva...

Excerpt: ...cond Amended Complaint (SAC). Background Plaintiffs filed the SAC in the individual capacity and as successors in interest against Defendants LBJ Healthcare Partners, Inc., Special Service For Groups, Inc., Amada Enterprises, Inc., and Linda Torres for claims arising out of the death of their daughter Nicole Lacea Higgins (Decedent) after she was admitted to Defendants' mental health facility by her conservator. Decedent alleged was allowed to le...

Excerpt: ...ges that Defendant City of Hawthorne (Defendant) lacked probable cause to arrest Plaintiff for a violation of the Vehicle Code §10851(A). The Complaint asserts the following causes of action: (1) Violation of Civil Rights for Unlawful Seizure and Arrest; (2) Violation of Civil Rights: Entity Liability; (3) False Arrest/False Imprisonment in Violation of Penal Code §236; (4) Negligence; and (5) Government Code Violation. On August 23, 2023 Defen...

Excerpt: ...sustained from an alleged assault and battery which occurred on October 1, 2020, while Plaintiff was responding to Defendant Doe's mental health emergency as part of a local medical response team. Plaintiff alleges that she was approached by Defendant Doe while Defendant Doe was in an erratic and altered state upon arrival at the scene. Defendant Doe assaulted Plaintiff while Plaintiff was waiting at the entrance to Defendant Doe's residence. (Co...

Excerpt: ...5 years old. Plaintiff alleges she was subjected to ongoing grooming and multiple sexual assaults by Defendant Charles “Chuck” Drylie, a Whittier police officer designated as a Supervising Law Enforcement Police Explorers Advisor. On February 4, 2022, Plaintiff sued Defendants Drylie and the City of Whittier for Negligence, Negligent Training and Supervision, Sexual Battery, Sexual Harassment, and Gender Violence. On August 25, 2022, Plaintif...

Excerpt: ...urchaser of a 2020 Honda Pilot (the “Subject Vehicle”), which was distributed and warranted by Defendant AMERICAN HONDA NORTH AMERICA, INC. (“Defendant”). Legal Standard A party may make a demand for production of documents and propound interrogatories without leave of court at any time 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first. (Code Civ. Proc., § 2031...

Excerpt: ...ir. Since December 14, 2022, Ford set Plaintiff's deposition six times. A year later, Plaintiff still has not appeared for his deposition. Despite Ford's multiple attempts to obtain this essential discovery, Plaintiff has failed to appear for his properly noticed deposition. On December 14, 2022, Ford sent Plaintiff a meet and confer requesting dates for Plaintiff's deposition. (Exhibit “A”; Declaration of Ravi K. Lally {“Lally Decl.”} ¿...

Excerpt: ...n June 15, 2023, Plaintiffs Michael Thalkan and Brandi Thalken initiated this action asserting a cause of action against Defendant Ford Motor Company under the Song-Beverly Consumer Warranty Act (“Act”) for breach of express warranty, a second cause of action for fraudulent concealment against Ford Motor Company, and a third cause of action for negligent repair against Santa Margarita Ford. The Complaint alleges that on June 30, 2020, Plainti...

Excerpt: ...RADOSLAV RAYCHEV, I, M.D. and Does 1 to 100 on June 24, 2021. On June 17, 2022, Lakewood Regional Medical Center, Inc. filed a Cross-Complaint against various cross-defendants, including Moving Party Defendant/Cross-Defendant BHAVIK THAKKAR, M.D. (“Dr. Thakkar” or “Defendant”). On July 24, 2023, Plaintiffs filed a Doe Amendment naming Dr. Thakkar as a defendant in the Complaint. Plaintiffs' allege that Defendants breached their duty of ca...

Excerpt: ... against Defendants alleging: 1. Violation of Civil Code § 2923.6(f) 2. Violation of Civil Code § 2924.10 3. Violation of Civil Code § 2923.7(a) 4. Breach of Contract 5. Breach of Good Faith and Fair Dealings 6. Unfair Business Practices Plaintiff alleges as follows. He is the legal owner of real property commonly known as 228 North Hicks Ave., Los Angeles, CA 90606 (the Property). Plaintiff claims that, in exchange for a loan, he signed the p...

Excerpt: ...ndants Affluent Staffing, LLC and Office Chairs, Inc. 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 If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issu...

Excerpt: ...t the City of Norwalk (the City) for personal injuries from a Dangerous Condition of Public Property. Plaintiff alleges that while she was working as a cross guard outside of Glazier Elementary School, she tripped and fell over uneven pavement. The City filed a Cross-Complaint against Cross-Defendant Norwalk La Mirada School District (La Mirada) for Equitable Indemnity, Contribution, Apportionment, and Declaratory Relief. La Mirada filed a Cross-...

Excerpt: ...ud in the First Amended Complaint (FAC) and moves to strike the request for punitive damages. Background Plaintiffs Evelyn Celeste Garcia and Angel Olmeda Juarez filed a FAC against Defendant alleging that it violated the Song-Beverly Act and fraudulently induced Plaintiffs into purchasing a 2021 Chevrolet Silverado manufactured by Defendant. They allege that Defendant knew about a transmission defect and knew that the transmission installed in P...

Excerpt: ...020, SM Logistics Rialto LLC (“SM Rialto”) entered into a lease with RD Real Estate Holdings, LLC f/k/a Rialto Holdings, LLC (“RH”) which gave RH the exclusive option to purchase the Property. (FAXC, ¶ 47.) Promptly after execution, a memorandum of the lease and option was recorded. (Id.) Saadia Square, LLC (“Saadia”) participated in and was apprised of SM Rialto's negotiations to enter into a lease and option with All- Ways. (FAXC, ...

Excerpt: ...S ANGELES, negligently collided into Plaintiff's vehicle. The collision occurred on December 9, 2021. Based thereon, Plaintiff brings a single cause of action for Negligence seeking property damages and damages for medical and related expenses. Judicial Notice California Evidence Code section 452(c) authorizes judicial notice of “[o]fficial acts of the legislative, executive, and judicial departments of the United States and of any state of the...

Excerpt: ...lus Ellis and Counsel, jointly and severally, in the reduced amount $2,732.50, payable within 30 days. Plaintiff to give notice. Defendant Blue Atlantic Partners, LLC moves for an Order to Set Aside Entry of Judgment due to mistake and/or excusable neglect. (CCP § 473(b).) Plaintiff Teachers Insurance and Annuity Association of America (“Plaintiff”) moves for an order compelling Defendant Marcellus Ellis to appear and testify at his depositi...

Excerpt: ...ants”) provided negligent care to her son Gerardo Lorenzo Molina (“Decedent”) in the Whittier Hospital Medical Center emergency department, resulting in his death two days later. Defendants move for summary judgment based upon the declaration of their expert witness who opines that neither Dr. Yeh nor Mr. Panlilio breached the standard of care at any time. Plaintiff's opposition is based upon the declaration of her expert witness who opines...

Excerpt: ...ike Thompson RV. Plaintiffs, KENNETH B. HORTON and CHRISTINA DUDKA (hereinafter "Plaintiffs") filed their Complaint with the Los Angeles County Superior Court on August 2, 2022. The Complaint asserts three causes of action under the Song-Beverly Consumer Warranty Act ("Song-Beverly") against Defendants Winnebago Industries, Inc. ("WNB"), Mercedes-Benz USA, LLC ("MBUSA"), and Mike Thompson RV 1 ("MTRV"): (1) Breach of Express Warranty; (2) Breach ...

Excerpt: ...Defendant”). Defendant was a tenant of the premises Plaintiff used to own and sold to a third party in October 2022. Under the agreement between Plaintiff and the third-party buyer, Plaintiff was to collect unpaid rents from Defendant until the month of October 2022. (Chang Decl. ¶ 5- 6; Ex. A.) Plaintiff engaged an attorney in or around March 2023, and on March 16, 2023, Defendant promised that he would pay the sum on or before April 12, 2023...

Excerpt: ...��) and O&C Hillside Resources Management Co. (“O&C Hillside”), alleging Breach of Contract, Breach of Implied Covenant of Good Faith and Fair Dealing, and Declaratory Relief. In a First Amended Complaint filed on February 6, 2023 (“FAC”) Plaintiff alleged that on January 3, 2020, Plaintiff entered into a Sale of Business agreement with O&C Hillside to purchase the business known as ARCO AM PM 6545 located at 13550 Beach Blvd, La Mirada, ...

Excerpt: ...Background This lawsuit concerns an alleged sexual abuse and harassment of Plaintiff Alexis L. by Defendant Scott Waln, a teacher at Los Alisos Middle School within the school district of Defendant Norwalk/La Mirada Unified School District, during the 2019-2020 school year. Defendant seeks an order compelling Plaintiff to sign authorizations for release of records, Plaintiff's treating physicians release of records, or an order excluding Plaintif...

Excerpt: ...e Villegas Defendants and the Moving Defendant are not similarly situated. It is unclear how the arguments applicable to the Moving Defendant would also identically apply to the Villegas Defendants, and the Villegas Defendants fail to assist the Court in understanding how the arguments raised by the Moving Parties can be attributed to the Villegas Defendants as well. The Villegas Notice of Joinder merely states: “[The Villegas Defendants] hereb...

Excerpt: ...ith VGA regarding a 2021 Volkswagen JETTA SEDAN… (‘the Subject Vehicle')….” (Complaint ¶16.) “Defects and nonconformities to warranty manifested themselves within the applicable express warranty period. The nonconformities substantially impaired the use, value and/or safety of the Subject Vehicle.” (Complaint ¶17.) “VGA was unable to conform the Subject Vehicle to the applicable express warranty after a reasonable number of repair...

Excerpt: ...ntiff for a violation of the Vehicle Code §10851(A). The Complaint asserts the following causes of action: (1) Violation of Civil Rights for Unlawful Seizure and Arrest; (2) Violation of Civil Rights: Entity Liability; (3) False Arrest/False Imprisonment in Violation of Penal Code §236; (4) Negligence; and (5) Government Code Violation. On August 14, 2023 Defendant County filed the subject Answer (“Answer”) to Plaintiff's Complaint. In it's...

Excerpt: ...UTION & DELIVERY (“Plaintiff”) applies for a writ of attachment against Defendant GE UNITIED TECHNOLOGIES, LLC (“Defendant”) in the amount of $112,338.99. At the hearing, the court shall consider the showing made by the parties appearin g and shall issue a right to attach order, which shall state the amount to be secur ed by the attachment determined by the court in accordance with Section 483.01 5 or 483.020, if it finds all of the follo...

Excerpt: ...aintiff Everytable, PBC's (Plaintiff) First Amended Complaint (FAC) and move to strike portions of the FAC. Background Plaintiff filed a First Amended Complaint alleging breach of a sublease between Plaintiff (Sublessee) and Defendant MJ Global (Sublessor) for a portion of real property commonly known as 3305 East Vernon Avenue, Vernon, CA 90058. Plaintiff alleges that it was fraudulently charged for common area maintenance expenses, operating ex...

Excerpt: ...gainst Defendant Volkswagen Group of America (Volkswagen) for Violation of the Song-Beverly Act and the Magnuson-Moss Warranty Act and against Audi for Negligent Repair. Plaintiff purchased a 2021 Audi Q3 on November 25, 2020 and presented the vehicle to Audi for repairs. Specifically, Plaintiff alleges that “Plaintiff delivered the Subject Vehicle to Defendant AUDI for substantial repair on at least one occasion.” (Compl. ¶ 56.) “Defendan...

Excerpt: ..., 2023, Plaintiffs filed a Complaint against Defendant American Honda Motors (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle. Evidentiary Objections Plaintiff's objections Nos. 1-14 are overruled. Legal Standard “Except as provided in subdivision (d), if a party then fails to obey an order compelling inspection, copying, testing, or sampling, the court may make those orders that...

Excerpt: ... Common Counts related to allegedly unpaid invoices in the amount of $703,484.00 for goods provided to Defendants by Plaintiff. Plaintiff alleges that Defendants failed to make payments from November 24, 2021 to June 2, 2022. Plaintiff attached the invoices to its Complaint. Legal Standard A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the...

Excerpt: ...ntiff/Cross-Defendant GA Technical Services, Inc. (GATS) demurs to Defendant/Cross-Complainant City of Pico Rivera's (the City) Cross- Complaint. GATS argues that the Third Cause of Action for Negligence, the Fifth Cause of Action for Fraud, and the Sixth Cause of Action for California False Claims Action Violations fail to state facts sufficient to constitute causes of action and are uncertain. Background GATS filed this action against the City ...

Excerpt: ... Civ. Proc. §§ 1790, et seq.) arising out of Plaintiff Ana Teresa Garcia's (“Plaintiff”) purchase of a 2022 Honda Civic, bearing the VIN 2HGFE2F50NH516826 (the “Subject Vehicle”) on or around August 6, 2021. The Subject Vehicle was sold to Plaintiff with express and implied warranties from Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant”). During the warranty period, Plaintiff has alleged that the Subject Vehicle contained or d...

Excerpt: ...iners from the ports in Los Angeles County to Plaintiff's warehouses and the conversion of a shipping container that defendants picked up at the port, but allegedly did not deliver to Plaintiff. The Judicial Council form complaint alleges causes of action for breach of contract, common counts, conversion, fraud, and negligent misrepresentation against Tim Childress, 10PL Axelavate Logistics, LLC and Axelavate Transportation, LLC (“collectively,...

Excerpt: ...aim for punitive damages. Background Plaintiff Jose Luis Velasco (“Plaintiff”) alleges Defendant General Motors, LLC. violated the Song-Beverly Act and fraudulently induced Plaintiff into purchasing a 2017 Chevrolet Colorado manufactured by Defendant. Plaintiff alleges Defendant knew about a transmission defect in 2015 and knew that the transmission installed in Plaintiff's vehicle had that defect, which caused sudden and premature failure. L...

Excerpt: ...ded Complaint (“FAC”) was filed. Plaintiffs allege that “[t]his dispute concerns [a] crane accident that occurred at the property owned by the Plaintiffs located at 6133 Hersholt, Lakewood, CA 90712 (‘Property'). [¶] Ms. Nijinsky is unfortunately suffering from the effects of cerebral palsy and the side effects of treatment. [¶] On her doctors order to stay active, Ms. Nijinsky soon realized that water exercises and swimming were greatl...

Excerpt: ...lflower, CA 90706. The property sold on March 21, 2023 for $832,000.00. Legal Standard Under CCP § 873.820, the proceeds of sale for any property sold shall be applied in the following order: (a) Payment of the expenses of sale. (b) Payment of the other costs of partition in whole or in part or to secure any cost of partition later allowed. (c) Payment of any liens on the property in their order of priority except liens which under the terms of ...

Excerpt: ... Decedent, LESTER DALE BILES, and/or as administrator or executor of the Estate of Lester Dale Biles (“Plaintiff”) on September 28, 2022. On October 5, 2023, the operative First Amended Complaint (“FAC”) was filed. Plaintiff alleges “LESTER DALE BILES (‘DECEDENT') died on May 16, 2021, from injuries sustained while a patient at KINDRED HOSPTIAL WESTMINSTER…. [¶] DECEDENT also sustained injuries while a patient at MESA VERDE POST AC...

Excerpt: ...ause of action. Background Plaintiff Juan Andrade, by and through his successor in interest, Maria Andrade, filed a Complaint alleging Elder Abuse and Negligence against Defendants Morado and La Mirada Healthcare (La Mirada) (collectively Defendants) and Violation of Patient's Bill of Rights against Defendant La Mirada. Plaintiffs Maria Andrade and Benny Andrade alleged a Wrongful Death cause of action against Defendants. Erwin Andrade and Luz Ho...

Excerpt: ...rounds that it fails to state a cause of action. Background Plaintiffs filed a Complaint against the Toyota Defendants, Defendant Daniel Alejandro Tomelic Ortiz (Ortiz), Uber Technologies, Inc., Raiser, LLC, and Raiser-CA, LLC (collectively the Uber Defendants) for negligence and against the Toyota Defendants and Uber Defendants negligent hiring and supervision. The Complaint arises from a motor vehicle accident which occurred on December 1, 2021...

Excerpt: ...omplaint against Defendant for 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. (CCP § 2031.3...

Excerpt: ..., Plaintiff filed a Complaint against 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 confe...

Excerpt: ...eby VACATED. The dates already set in the Subject Action remain set. Moving Party to give Notice. Trial courts may consolidate actions involving common questions of law or fact. (CCP §1048.) Consolidating actions does not affect the rights of the parties. Consolidation's purpose is to avoid unnecessary costs or delay, avoid procedural duplication, particularly in proof or issues common to both actions, and avoid inconsistent results by hearing a...

Excerpt: ...ive Complaint alleges that: “Senior Operations contracted with King Data Services… in 2003 to provide document storage services…. The Contract required that King Data provide 30 days written notice before implementing a change in rates. The Contract had no set term for the length of the Contract or any penalty or break-up fee when the Contract or business relationship ended.” (Complaint ¶7.) Certified Records acquired King Data Services ...

Excerpt: ...tice. Defendant's Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This action was filed by Plaintiff EMERALD SEVEN, LLC (“Plaintiff”) on February 28, 2022, against Defendant CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION (“Defendant”). On June 20, 2023, Plaintiff filed the operative Second Amended Complaint (“SAC”), which asserts the following causes of action: (1) Declaratory Relief – Misclassification of Taxpay...

Excerpt: ...23, Defendant STIX HOLDINGS, LLC (“Defendant”) filed the subject First Amended Answer (“FAA”) to Plaintiff's First Amended Complaint (“FAC”). In the FAA, Defendant asserts a general denial, and eighteen affirmative defenses. Plaintiff now demurs to Defendant's FAA and concurrently moves to strike the factual denials and admissions contained therein. Demurrer Plaintiff's unopposed Demurrer to Defendant's first through seventh affirmati...

Excerpt: ... 2031.310. Background On November 14, 2022, Plaintiff filed a complaint against Defendant for 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...

Excerpt: ...r failure to repair or repurchase Plaintiff's vehicle. The parties met and conferred and filed a joint statement of remaining issues after stipulating to continuing the matter from December 13, 2023 to January 10, 2024. 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 o...

Excerpt: ... violation of the Song-Beverly Act. The parties have met and conferred regarding entering into a protective order and have agreed upon using the Los Angeles Superior Court Model Order (LASC Order) as the template for the protective order. Legal Standard “When an inspection, copying, testing, or sampling of documents, tangible things, places, or electronically stored information has been demanded, the party to whom the demand has been directed, ...

Excerpt: ...he latter case was stayed on April 7, 2022, by Judge Nelson. In doing so, Judge Nelson wrote, “Nothing in this order stays the filing of an Amended Complaint pursuant to Labor Code Section 2699.3(a)(2)(C) by a plaintiff wishing to add a Private Attorney General Act (“PAGA”) claim.” On July 15, 2022, the parties stipulated to arbitration in the class action lawsuit. Then, on August 30, 2022, pursuant to the stipulation, Judge Nelson compel...

Excerpt: ...fendants' Motion to Strike Punitive Damages is DENIED. III. Defendants' Motion to Strike Restitution is DENIED. IV. Defendants' Motion to Strike Unfairness allegations is GRANTED with 30 days leave to amend. Plaintiff to give notice. Background In the operative First Amended Complaint (“FAC”), Plaintiffs allege they are two hospitals (PIH Health Whittier Hospital and PIH Health Downey Hospital) that provided emergency medical services to pati...

Excerpt: ...nitive damages. Background Plaintiffs Paola Cruz and Luis Fernando Cruz-Punzo (“Plaintiffs”) allege Defendant violated the Song-Beverly Act and fraudulently induced Plaintiffs into purchasing a 2018 Chevrolet Cruze manufactured by Defendant. They allege that Defendant knew about a transmission defect in 2014 and knew that the transmission installed in Plaintiffs' vehicle had that defect, which caused the shift to be too harsh or slip or flare...