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...

Excerpt: ...TICE. The Complaint alleges that on August 24, 2022, “Plaintiff was driving on the Interstate 15 highway in San Bernardino County driving from San Bernardino where the Plaintiff resides to Victorville, also in San Bernardin County, when Plaintiff was struck several times from behind by Defendant DOE Driver 1.” (Complaint, ¶15.) “Defendant DOE Driver 1 was speeding in violation of California Vehicle Code $ 22350, was texting and driving in ...

Excerpt: ...efendants”). Plaintiff alleges that “[b]eginning in September of 2019, while Plaintiff was employed by ERUSD as its Assistant Superintendent of Business Services, he sent multiple emails… in which he disclosed his reasonable belief that ERUSD was engaging in acts that were in violation of California laws.” (Complaint ¶12.) “After Plaintiff disclosed the violation of the law, and prospective violations of law… ERUSD… began to engage...

Excerpt: ...laintiff”) on January 9, 2023. Plaintiff is seeking to recover payment “[f]or credit extended by Plaintiff to Defendant for purchases and/or cash advances by defendant and/or persons acting with Defendant's permission on the American Express credit card account XXXX-XXXXXX-X6006. Plaintiff has performed all conditions precedent to brining this action or Defendant has waived them.” (Complaint, CC-1(b)(6).) Plaintiff's Form Complaint asserts ...

Excerpt: ...pplemental Opposition, and continued the subject matters to allow Defendant/Moving Party the opportunity to file a Supplemental Reply. Consequently, the Court has reviewed and considered the Supplemental Reply filed on August 23, 2023. This wrongful death/elder abuse action was filed by Plaintiffs EDWANDA PRUITT, individually and as heir and successor in interest to ETHEL JOHNSON, deceased; and DARYL PRUITT, individually and as heir and successor...

Excerpt: ... on March 9, 2023. Plaintiffs alleges that Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) did not disclose and actively concealed a defect known as the “Honda Sensing Defect” affecting Plaintiff's 2022 Honda Accord vehicle. (See e.g., Complaint ¶¶8, 11-64.) Plaintiffs' Complaint asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Express Warranty; and (2) Fraudulent Inducement – ...

Excerpt: ...vehicle. Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On December 28, 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 RISC and its accompanying arbitration agreement. Arbitration Agreement Parties may be compelled to arbitra...

Excerpt: ...paid premiums on Defendant's workers' compensation insurance contract with SCIF. SCIF assigned its right to collect the unpaid premiums to Plaintiff Creditors Adjustment Bureau, Inc. (Plaintiff). Plaintiff alleges that Defendant failed to pay premiums to SCIF for three policies dating from May 10, 2019 to October 15, 2021. Defendant alleges it was in contact with SCIF's Audit Department regarding the dispute as to the unpaid premiums and was nego...

Excerpt: ...ants Alejandro Hernandez and Lakeland Financial (collectively Defendants). The lawsuit concerns a $75,000.00 oral loan agreement that Defendants would repay Plaintiff. Default judgment was entered on November 9, 2010. A notice of pendency of action was filed on November 15, 2011 concerning the real property recorded as Lot 301, Tract No. 21870 as per Map 593. Page 28-41 of Los Angeles County, CA, despite no mention of the property in the Complain...

Excerpt: ...y fail to state facts sufficient to constitute a cause of action. This action for quiet title was filed by Plaintiff/Cross-Defendant Maria Sandoval on May 26, 2022. On September 9, 2022, Defendant/Cross-Complainant Gloria Sandoval filed a Cross-Complaint, which was demurred to and sustained with leave to amend. The First Amended Cross-Complaint (“FAXC”) alleges: “Cross-Complainant is the daughter-in-law of Cross-Defendant. Cross- Complainan...

Excerpt: ...fficient to constitute a cause of action and are time-barred. Plaintiff Jane Hodges, as trustee on behalf of the Ollison Family Trust, and as special administrator on behalf of the Estate of Rose Mary Ollison, filed the instant Complaint against Defendants Zev Brooks and The Law Offices of Zev Brooks for: 1) Legal Malpractice; and 2) Breach of Fiduciary Duty. The Complaint alleges that Plaintiff's mother, Rose Mary Ollison, designated Plaintiff a...

Excerpt: ...ach of oral agreement action. Plaintiff Schubert Investments Inc. alleges that in December 2021, Defendant Tay approached Plaintiff regarding an investment opportunity to become partial owner of Bellator. “PLAINTIFF and TAY agreed to the following terms (the “Oral Agreement”): a. SCHUBERT would receive a 10% ownership interest in BELLATOR in exchange for a direct investment of $100,000.00. b. PLAINTIFF would receive 10% of the profits from ...

Excerpt: ...ICE. Defendant City of Downey (“City”) demurs to the 1 st – 5 th, 9 th and 11 th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. The operative Second Amended Complaint (“SAC”) alleges that in 2020, Plaintiff's neighbor Joseph Nayebei aka Joseph Nayebi, trespassed onto Plaintiff's property, installed cameras and peered into Plaintiff's bedrooms and bathrooms, and refused Plaintiff'...

Excerpt: ...tiff is ordered to file and serve its TAC by August 29, 2023. III. Cross-Complainant's motion for leave to file a first amended cross- complaint is GRANTED. Cross-Complainant is ordered to file and serve its first amended cross-complaint by August 29, 2023. Moving Party to give NOTICE. SAC Plaintiff Los Angeles Unified School District (“LAUSD”) alleges that Defendant Hanes Geo Components was negligent in the failure of an underground storm wa...

Excerpt: ...as move to compel the PMQ deposition of Defendant General Motors pursuant to CCP § 2025.450. Complaint On or about December 31, 2020, Plaintiffs Teresa Sanchez-Visperas and Danilo Visperas purchased a 2020 Chevrolet Silverado bearing the vehicle identification number (“VIN”) 3GCPWCED8LG434631. (Complaint, ¶ 4) Plaintiffs alleges that the vehicle suffered from nonconformities to warranty including, but not limited to, the air conditioning (�...

Excerpt: ...and JOAQUIN BARRAJAS allege that ‘[o]n January 26, 2021, Plaintiffs entered into a warranty contract with AMERICAN HONDA regarding a 2018 Honda Civic…. (Complaint, ¶ 14.) The vehicle suffers from electrical and transmission (Id., ¶ 29), and Defendant has been unable to repair the vehicle within a reasonable number of attempts (Id., ¶ 18). Based thereon, the Complaint asserts causes of action for: 1. Breach of Express Warranty – CC 1791.2...

Excerpt: ...COSIO (“Plaintiff”) on June 23, 2022. Plaintiff was employed by Defendant PIH HEALTH WHITTIER HOSPITAL (“Defendant” or “PIH”) as a nurse. (Complaint ¶7.) On or around September of 2021, PIH established a COVID-19 policy requiring all employees to be vaccinated against COVID-19 (the ‘Vaccine Mandate'). (Complaint ¶20.) “Plaintiff is a lifelong Christian who believes that her body is a vessel for the Holy Spirit of God, and that t...

Excerpt: ...s the action at law, the action at law sits in the twilight zone of abatement with the trial court retaining merely a vestigial jurisdiction over matters submitted to arbitration. This vestigial jurisdiction over the action at law consists solely of making the determination, upon conclusion of the arbitration proceedings, of whether there was an award on the merits….” ( Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.App.4th 1790, 1796.) �...

Excerpt: ...erest, Dynamic Joe Construction, Inc. (“Dynamic Joe”) filed an administrative appeal with the Administrative Hearing Bureau of the California Department of Insurance (“CDI”). The two issues on appeal were: (1) whether State Fund erred in categorizing certain Dynamic Joe Workers as employees rather than independent contractors; and (2) if Dynamic Joe's workers were determined to be employees, whether State Fund miscalculated their renumera...

Excerpt: ..., Plaintiff filed the instant action against Defendants for damages, restitution, and statutory penalties for individual labor code violations purportedly committed by Defendants. Importantly, Plaintiff is not seeking civil penalties under PAGA in her present complaint. Pursuant to judicially noticeable documents, the Court is made aware that there are currently seven pending PAGA actions filed against Defendant SMCL Holdings, Inc. Defendant Safa...

Excerpt: ...(Plaintiff) subpoena for production of business records pursuant to CCP § 1987.1(a). Background Plaintiff's Complaint alleges that on April 23, 2020, Plaintiff was admitted to College Medical Center following a WIC § 5150 hold. Plaintiff was unconscious. When Plaintiff woke up the next day, April 24, 2020, he was disoriented and repeatedly asked two orderlies where he was. Plaintiff alleges the two orderlies shoved Plaintiff, and repeatedly pun...

Excerpt: ...give NOTICE. Defendant/Cross-Complainant Heather Davis (Davis) moves for orders compelling deposition attendance pursuant to CCP § 2025.450, responses to her Requests for Production pursuant to CCP § 2031.300, and requests monetary sanctions pursuant to CCP §§ 2025.450(g) and 2031.300. Background This case arises out of a contract dispute between Plaintiff Socal Lien Solutions, LLC (Socal) and Defendants/Cross-Defendants JOS Little B Trust an...

Excerpt: .... Regardless, the court's ruling is not affected by the Reply. This is a dispute between two adjoining neighbors. Plaintiff Roy alleges that Defendant Brown has trespassed over Plaintiff's property and altered and/or meddled with Plaintiff's garden/vegetation and obstructed Plaintiff's security cameras. Based thereon, the operative First Amended Complaint asserts causes of action for: 1. Private Nuisance 2. Trespass 3. Negligence Cross-Complainan...

Excerpt: ... Plaintiff Hugo Barrera's Complaint alleges that ‘[o]n January 22, 2021, Plaintiffs entered into a warranty contract with GENERAL MOTORS regarding a 2021 Chevrolet Silverado 1500, VIN: 1GCPYCEF6MZ200372. (Complaint, ¶ 13.) The vehicle suffers from engine and electrical defects (Id., ¶ 14), and Defendant has been unable to repair the vehicle within a reasonable number of attempts (Id., ¶ 17). Based thereon, the Complaint asserts causes of act...

Excerpt: ...“transmission malfunctions, acceleration concerns, steering issues, gas pedal defects, and transmission assembly replacement, among other concerns.” (Id., ¶ 11.) Based thereon, the Complaint asserts causes of action for: 1. Breach of Implied Warranty of Merchantability 2. Breach of Express Warranty 3. Breach of Written Warranty 4. Breach of Implied Warranty Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court ...

Excerpt: ...) facilities. The case is stayed pending the resolution of Defendant's Motion to Compel Arbitration. Reply Plaintiff's late filed Reply shall be considered by this Court. Legal Standard “Although there apparently are no reported cases expressly on point, the Civil Discovery Act applies to ‘every civil action and special proceeding of a civil nature.' ” (Bouton v. USAA Casualty Ins. Co. (2008) 167 Cal.App.4th 412, 427.) “Because a Code of ...