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: ...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: ...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: ...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: ...“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: .... 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: ...) 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 ...

Excerpt: ...san (Dealership). Plaintiffs contend that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On July 29, 2022, Plaintiffs filed a Complaint against Defendant alleging violations of Song-Beverly Act and negligent repair. On February 15, 2023, the court granted Defendant's Motion to Compel Arbitration based upon Felisilda v. FCA U.S. LLC (2020) 53 Cal.App.5 th 486, the only controlling authority at the time the...

Excerpt: ...nes' (Plaintiff) First Amended Complaint pursuant to CCP § 437. Background Plaintiff brings this action against Defendant alleging violations of the Unruh Civil Rights Act (Unruh) and the Americans with Disabilities Act (ADA). Plaintiff uses a cane and walker for mobility and alleges he visited Defendant's place of business in Huntington Park and observed violations of the ADA concerning the parking lot. Plaintiff's First Amended Complaint alleg...

Excerpt: ...ement pursuant to CCP § 664.6. Background This action arises from a dispute as to the sale of real property in Maywood. At the February 28, 2023 Mandatory Settlement Conference, the parties agreed to an oral stipulated settlement on record. Legal Standard “If parties to pending litigation stipulate, in writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the co...

Excerpt: ...intiff) moves to compel court ordered discovery pursuant to CCP § 2031.300 and sanctions pursuant to 2023.010(g). Background On November 23, 2022, Plaintiff filed a Complaint against Defendant General Motors, LLC (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's 2021 GMC Sierra 1500. Plaintiff alleges his vehicle suffered from defects and Defendant was unable to repair it within a reasonab...

Excerpt: ...nts Pico Center Inc., Wonsuk An, and Brian An move to compel responses to request for admissions pursuant to CCP § 2033.280. Complaint On September 30, 2019, Plaintiff Christopher Oliver filed a complaint alleging Wrongful Eviction. Plaintiff entered into an oral contract with defendant for monthly rental of $650 on a month-to-month basis. (Complaint, ¶ 7.) Plaintiff paid rent for the month of October 2017, but defendants manifested an explicit...

Excerpt: ...IN: 5FNRL6H51KB130309. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had electrical and transmission defects. (Id., ¶ 24.) Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverly Act – Breach of Express Warranty 2. Violation of the Song-Beverly Act – Breach of Implied Warranty 3. Fraudulent Inducement - Concealment Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court...

Excerpt: ...iled to control their vehicle, causing Plaintiff's damages. Based thereon, the Complaint asserts causes of action for: 1. Motor Vehicle 2. Negligence STANDARD A defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant...

Excerpt: ...his wrongful death/elder abuse action was filed by Plaintiffs MAUDE FOX, deceased, by and through her personal legal representative and successor in interest Deisree Fox; and DESIREE FOX, individually (collectively “Plaintiffs”). On December 29, 2022, the operative First Amended Complaint (“FAC”) was filed. Plaintiffs allege that “Decedent MAUDE was admitted to Defendant FACILITY in 2019 for skilled and custodial services to meet her ca...

Excerpt: ... alleges that Defendant GENERAL MOTORS LLC (“Defendant” or “GM”) did not disclose and actively concealed infotainment defects; engine defects; brake system defects; seat belt defects; and electrical defects affecting Plaintiff's 2019 Chevrolet Silverado 1500. (See Complaint ¶¶6-11, 50.) Plaintiff's FAC asserts the following causes of action: (1) Violation of Cal. Civ. Code §1793.2(d); (2) Violation of Cal. Civ. Code §1793.2(b); (3) Vi...

Excerpt: ... 27, 2023. This action for medical malpractice was filed by Plaintiffs on June 24, 2021. Plaintiffs' Complaint asserts a sole cause of action for general negligence. Defendant/Cross-Complainant Lakewood filed the subject Cross-Complaint on June 17, 2022. The Cross-Complaint asserts causes of action for: (1) Total Equitable Indemnity; (2) Partial Equitable Indemnity; (3) Contribution and Repayment; and (4) Declaratory Relief. Cross-Defendant BARUG...

Excerpt: ...N Gate as a Defendant. Flex N Gate seeks to amend its answer to indicate that it is being filed on behalf of Ventura Group Co., dba Flex N Gate Seeburn and Flex N Gate Bradford, the entities responsible for the design and manufacturing of the jack. “A trial court has discretion to allow amendment of any pleading at any stage of the proceedings and it has been said that liberality should be particularly displayed in allowing amendment of answers...

Excerpt: ...st Defendant. Legal Standard A defendant may move to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (Code Civ. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581, subd. (h).) “A court of this state may exercise jurisdiction on any basis not inconsistent w...

Excerpt: ...tories, Requests for Admission, and Form Interrogatories. Plaintiff also requests sanctions. Defendant Gloria Sandoval (Defendant) requests sanctions in her oppositions. Background This is a Financial Elder Abuse case. The Third Amended Complaint (“TAC”) alleges that the real property at issue was transferred from Plaintiff Maria Sandoval's trust to Defendant Gloria Sandoval and her now deceased husband, Everardo Sandoval, in 2012. (TAC, ¶¶...

Excerpt: ...nst Defendant American Honda Motor Co., Inc. (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiffs' 2019 Honda HR-V EX (Subject Vehicle). Plaintiffs allege that the Subject Vehicle was defective and Defendant has been unable to repair the vehicle within a reasonable number of attempts and did not repurchase it. Meet and Confer The court finds that the parties adequately met and conferred prior t...

Excerpt: ...ion and stay proceedings. The motion is not opposed. Background Plaintiff Marisela Covarrubias, individually and as heir and successor in interest to Mary Ester Castaneda, (Plaintiff) filed a complaint against Defendants for the wrongful death of her mother Ms. Castaneda. Plaintiff alleges causes of action for (1) Wrongful Death; (2) Violations of the Elder Abuse Act; and (3) Violations of H&S Code § 1430(b). Legal Standard Parties may be compel...

Excerpt: ...o Schaffer (Plaintiff), against K&M, who owns, manages, and/or controls the property located at 2443 E. 27th Street, Vernon, California. (Complaint, ¶ 2.) Defendant Felix Goldberg is the trustee of the Felix Goldberg Trust, and the trust is the owner of the property. (Id., ¶ 3.) On February 21, 2019, Plaintiff sustained injury on the property when he fell through the floor of the second story down to the first story of the premises. (Id., ¶¶ ...

Excerpt: ...6. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had “serious defects and nonconformities to warranty including, but not limited to, electrical, suspension, engine, and emission system defects..” (Id., ¶ 10.) Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverly Act – Breach of Express Warranty 2. Violation of the Song-Beverly Act – Breach of Implied Warranty 3. Violation of the Song-Beverly ...

Excerpt: ...urchased a 2019 Chevrolet Express.” (Complaint, ¶ 7.) Plaintiff alleges that the vehicle developed defects that defendant could not repair. (Id., ¶¶ 13, 16.) Based thereon, the Complaint asserts causes of action for: 1. Violation of CC § 1793.2(d) 2. Violation of CC § 1793.2(b) 3. Violation of CC § 1793.2(a)(3) 4. Violation of CC § 1791.2(a), 1794 5. Violation of CC § 1791.1, 1794 STANDARD A defendant has met his or her burden of showin...

Excerpt: ...vember 5, 2021 Plaintiff JANE DOE was attending her science class at the subject premises when she was approached by her science teacher, Defendant JOHN DOE. Defendant JOHN DOE approached Plaintiff and made numerous sexual comments and/or sexual insinuations.” (Complaint, ¶ 18.) Based thereon, the Complaint asserts causes of action for: 1. Assault (v. John Doe) 2. Battery (v. John Doe) 3. IIED (v. John Doe) 4. Negligent Hiring, Supervision & R...

Excerpt: ...te a cause of action. First Amended Complaint On April 27, 2020, Plaintiff Sapienza entered into a warranty contract with Ford regarding a 2020 Ford Fusion vehicle. (Complaint, ¶ 15.) “Defects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to transmission.” (Id., ¶ 16.) def was unable to repair the vehicle. (Id., ¶ 19.) Based thereon, the Complaint asserts caus...

Excerpt: ...ntiff [Gabriela Ayala] was lawfully on Defendants' premises located at 12270 Paramount Blvd., Downey, CA 90242, for the mutual benefit of Plaintiff and the Defendants. At such time and place, Defendants allowed a dangerous condition, which created a slip hazard, to remain on their property resulting in injury to Plaintiff. Additionally, Defendant, WALMART INC.'s employees had been negligently trained, managed, retained and supervised contributing...

Excerpt: ...�128.7 is GRANTED. Moving Party to give notice. Defendants' Requests for Judicial Notice are GRANTED. (Cal. Ev. Code §452.) Absent prejudice to the Moving Parties, and in the interests of justice and judicial efficiency, the Court has read and considered Plaintiff's untimely Opposition filed and served on July 28, 2023— due by July 21, 2023. (CCP §1005(b).) The relevant procedural history of this case is as follows: · On November 13, 2002, J...

Excerpt: ...tion of Barbra J. Lopez filed on March 10, 2023 in conjunction with Plaintiff's Reply. All papers filed on or before July 27, 2023 have been read and considered. The Court issues a tentative ruling on the merits. This collections action was filed on April 27, 2022 by Plaintiff JPMORGAN CHASE BANK, N.A.s (“Plaintiff” or “Chase”) against Defendant PRECISION DIAGNOSTIC IMAGING INC. (“Defendant” or “PDII”). The Complaint alleges the f...

Excerpt: ...Request for Production of Documents (set one). 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 § 2031.310(b).) Plaintiff alleges that Plaintiffs' 2015 GMC Sierra 1500 vehicle suffers from engine...

Excerpt: ...o CCP § 2031.310. Background On September 30, 2022, Plaintiff filed a complaint against Defendant General Motors, LLC (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's 2019 Chevrolet Silverado (Subject Vehicle). Plaintiff alleges that the Subject Vehicle was defective and Defendant has been unable to repair the vehicle within a reasonable number of attempts and did not repurchase it. Meet ...

Excerpt: .... Background Plaintiff/Cross Defendant Altamed Health Services (Alta) filed this complaint on June 15, 2021 against InnoVage for (1) Intentional Interference with Prospective Economic Advantage; (2) Negligent Interference With Prospective Economic Advantage; and (3) Violation of Business and Professions Code §§ 17200 et. seq. On March 30, 2022, InnoVage filed a cross-complaint against Alta for (1) Intentional Interference with Contract; (2) Int...

Excerpt: ...Installment Sales Contract (RISC) to finance his purchase of a 2017 Nissan Altima from a Nissan dealership. Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On February 14, 2023, Plaintiff filed a Complaint against Defendant alleging: (1) breach of express warranty; (2) breach of implied warranty of merchantability; and (3) violation of the Song-Beverly Act Section 1793.2(b). Defenda...

Excerpt: ...s Airbnb, 14042 Lynmark Street Apartments, and Champa Perera for personal injury and monetary damages arising from a stay at an Airbnb property. Plaintiff alleges causes of action for (1) Battery; (2) Negligence; (3) Intentional Infliction of Emotional Distress; (4) Fraudulent Concealment; (5) Private Nuisance; (6) Public Nuisance; and (7) Breach of Contract. Legal Standard Parties may be compelled to arbitrate a dispute upon the court finding th...

Excerpt: ... testimony are advanced to this date and continued to October 25, 2023. Briefing schedule is per code. Moving Party to give NOTICE. This hearing is regarding the court's determination of whether the litigation privilege protects Plaintiff/cross-Defendant Saadia Square's (Saadia) January 12, 2021 email. Background Saadia filed a complaint against numerous Square Mile (SM) and All-Ways entities (All-Ways) (collectively Defendants) for: (1) Breach o...

Excerpt: ...amaha motorcycle in the carpool lane on the northbound I-605 (San Gabriel River Freeway) approximately 1320 feet south of Saragosa Street, in the City of Whittier, County of Los Angeles, State of California. Defendants, DENNIS MARTIN AVILA, and DOES 1 to 20 were driving their 2016 Chevrolet Cruz automobile in the number four northbound lane of I- 605 after consuming alcohol, knowing that they would be driving a vehicle, or conscious indifference ...

Excerpt: ...ent & 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, 2020. T...

Excerpt: ...mplaint alleges that ‘[o]n or about March 29, 2019, in exchange for valuable consideration, Plaintiff purchased a 2019 Jeep Grand Cherokee (hereinafter “Vehicle”), manufactured and/or distributed by Defendant, with corresponding Vehicle Identification Number 1C4RJEAG5KC673400. (Complaint, ¶ 5.) The vehicle suffers from electrical, engine, oil, air conditioning, and safety system defects (Id., ¶ 11), and Defendant has been unable to repair...

Excerpt: ...Tomas Chavez Garcia's Complaint alleges that ‘[o]n August 24, 2021, Plaintiff purchased a 2021 Honda Accord, having VIN No. 1HGCV1F39MA094953. (Complaint, ¶ 8.) The vehicle suffers from electrical and emissions system defects (Id., ¶ 10), and Defendant has been unable to repair the vehicle within a reasonable number of attempts (Id., ¶ 24). Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverly Act – Br...

Excerpt: ...e 4 th cause of action for Fraud on the ground that it fails to state facts sufficient to constitute a cause of action and is time-barred. First Amended Complaint On October 7, 2017, Plaintiffs Cipriano Jimenez and Martin Jimenez purchased a 2017 Chevrolet Colorado, having VIN No.: 1GCGSDEN2H1228074. (Complaint, ¶ 4.) “Shortly after Plaintiffs purchased their vehicle, they began to experience the Transmission Defects which gradually worsened o...

Excerpt: ...ficient to constitute a cause of action. First Amended Complaint On November 24, 2018, Plaintiffs Alejandro Mejia and Federico Mejia purchased a 2018 Chevrolet Silverado, having VIN No.: 3GCUKSEC5JG503689. (Complaint, ¶ 4.) “Shortly after Plaintiffs purchased their vehicle, they began to experience the Transmission Defects which gradually worsened over time.” (Id., ¶ 13.) Based thereon, the Complaint asserts causes of action for: 1. Violati...