Excerpt: ...(Plaintiff) filed a Complaint against Woodforest National Bank (Defendant) alleging claims in relation to breach of contract surrounding the terms of a loan. After the Court sustained Defendant's initial demurrer to the Complaint, a First Amended Complaint (FAC) was filed on March 4, 2024. The FAC alleges six causes of action: 1. Breach of Verbal Contract; 2. Breach of Implied In Fact Contract; 3. Breach of Covenant of Good Faith & Fair Dealing; ...

Excerpt: ...Special Interrogatories, Set One, and Requests for Production, Set One (collectively “Motions”). Additionally, Defendant requests monetary sanctions in the amount of $1,400.00 per Motion against Plaintiff and Plaintiff's counsel and in favor of Defendant for failure to respond. II. Moving Arguments · Defendant moves the Court for an order compelling Plaintiff's response to Form Interrogatories, Set One, Special Interrogatories, Set One, and ...

Excerpt: ...defendants Amanda Pool, Stephen Snyder, and Does 1 through 10. On October 17, 2023, plaintiff filed the operative Second Amended Complaint (“SAC”) for fraud and breach of contract against the same defendants. LEGAL AUTHORITY When considering demurrers, courts read the allegations liberally and in context. Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228. “A demurrer tests the pleadings alone and not t...

Excerpt: ...New Starboard Attitude, and Does 1 to 100, asserting two causes of action for (1) general negligence and (2) premises liability. The Complaint alleges that Plaintiff tripped and fell due to a dangerous condition at Starboard Attitude, a bar in Redondo Beach, California. The alleged dangerous condition was a multiple -inch difference in height between the walking path leading to the entry of the bar and the bottom of the door allowing patrons entr...

Excerpt: ...LB00016. Plaintiff alleges the vehicle suffered from various defects and nonconformities that revealed the mselves within the applicable express warranty period. Plaintiff alleges Defendant was obligated under the Song Beverly Act to promptly offer to repurchase or replace the vehicle after a reasonable number of unsuccessful repair attempts. Plaintiff alleges Defendant failed to do so. On September 7, 2023, Plaintiff filed a complaint against Am...

Excerpt: ... initial responses, without objections, to plaintiff Wilfredo Cardenas' Special Interrogatories (Set Two) within 30 days of this ruling. The defendant is further ordered to pay the plaintiff sanctions of $1,084.80. The MOTION FOR ISSUE SANCTIONS AND MONETARY SANCTIONS AGAINST DEFENDANT FOR THE FAILURE TO COMPLY WITH THE COURT'S ORDER is GRANTED IN PART and DENIED IN PART as follows. The request to impose issue sanctions on defendant 11651-11652 Y...

Excerpt: ...os Angeles International Airport (“LAX”), City of Los Angeles (“City”), County of Los Angeles (“County”), State of California, and California Department of Transportation, arising from an incident where Plaintiff fell while riding an escalator when it malfunctioned. The Complaint alleges the sole cause of action premises liability – dangerous condition of public property. On November 6, 2023, City filed its answer to the Complaint. ...

Excerpt: ...inclusive, alleging causes of action for: (1) Negligence; (2) Negligent Hiring, Supervision, Training and Retention; (3) Assault; (4) Battery; and (5) Intentional Infliction of Emotional Distress. On August 30, 2023, Defendant Fairfield filed an Answer to the Complaint. On November 13, 2023, Plaintiff filed a Case Management Statement. Also, on November 13, 2023, default was entered against Defendant Black Badge and Defendant Sauceda. On November...

Excerpt: ...ion, to arbitration. The court orders this action stayed as to those parties until the completion of arbitration. BACKGROUND On 7/28/2023, plaintiff BLF, Inc., a California corporation doing business as Larrabure Framing (“Plaintiff”), filed this action. On 8/25/2023, Plaintiff filed the operative First Amended Complaint (“FAC”) against defendants Milender White Residential Socal Corp. (“Milender White” or “MWR”), Inglewood Market...

Excerpt: ...emises from Defendant. Plaintiff alleges the premises suffered from multiple serious habitability issues, including persistent water intrusion, black mold, lead and asbestos. Plaintiff alleges she suffered serious health issues as a result of these conditions. Plaintiff alleges her property was damaged due to the water intrusion. Plaintiff alleges Defendant did not reimburse her for the property damage or the rent she paid him during the time whe...

Excerpt: ...legal issue is identical for the parties, the court issues this ruling as to each of the separately filed demurrers. BACKGROUND Plaintiff filed the Complaint on September 29, 2022. After the parties met and conferred, Plaintiff's First Amended Complaint was filed on June 2, 2023. After Defendants successfully demurred to the SAC, Plaintiff's Second Amended Complaint was filed on Ja nuary 29, 2024. Plaintiff alleges the following facts. Plaintiff ...

Excerpt: .... Jose Santoyo Arenas was killed in the explosion. Pedro Chavarin was seriously injured. Plaintiffs allege Arenas's death was the result of multiple factors, including products liability and negligent training. On May 11, 2021, Plaintiffs filed a complaint against Defendants Taylor Machine Works, Inc., Titan International Inc., OTR Wheel Engineering, Inc., Bridgestone America, Inc., Pacific Maritime Association, CMA/CGM, EQT Infrastructure III, P...

Excerpt: ...contract. The Complaint stems from allegations that Defendant made misrepresentations in regard to an alleged contract that was formed between the two parties. The motion now before the Court is Defendant's Demurrer. The Demurrer is unopposed. Meet and Confer “Before filing a demurrer…the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determi...

Excerpt: ...vil Procedure §425.16 is DENIED. BACKGROUND Plaintiff Christine McCaslin is a hair stylist who owns a business in Los Angeles County known as Salon Touché. Plaintiff alleges Defendant Philip Godlewski posted her contact information and her business information to his over 300,000 Telegram social media followers and encouraged them to leave negative reviews about Salon Touché and harass Plaintiff personally. As a result of Defendant Godlewski's...

Excerpt: ... Complaint against Ralph's Grocery Company, Todd I Schiffman, as trustee of Todd I Schiffman Living Trust dated December 23, 1999 and Xavier Hendrix alleging (1) negligence; (2) negligent hiring; and (3) premises liability. On December 7, 2023, Defendant Alpha Beta Company dba Ralphs filed an answer to the FAC. On March 12, 2024, Plaintiff dismissed Defendant Todd I Schiffman. On April 11, 2024, Plaintiff dismissed Defendant Xavier Hendrix. The o...

Excerpt: ...Complaint alleging three causes of action against George Cashman Jr. (Cashman/Defendant), Cynthia C. Makin, and the GFC Administrative Trust. The Compl aint stemmed from an alleged breach of the “Declaration No. 150 of Establishment of Basic Protective Restrictions, Conditions, Covenants, Reservations, Liens, Charges and Certain Local Restrictions” (CCRs), when Plaintiff discovered that a fence extends beyond Plaintiff's permitted easement in...

Excerpt: ...s to the prayer for relief for punitive damages, and GRANTED WITH LEAVE TO AMEND as to Paragraphs 31 and 38 of the complaint. BACKGROUND On January 5, 2024, plaintiff Julia Marie Farris (“Plaintiff”) filed a complaint against defendants Chung Hwang, individually and as trustee of the Hwang Family Trust, Candice Avila, Wense F. Hwang, individually and as trustee of the Hwange Family Trust, and Pinnacle Property Management (collectively, “Def...

Excerpt: ... around February 5, 2022, Cara J. Stults (Plaintiff) purchased a 2019 GMC Yukon XL (the Vehicle) manufactured by General Motors (Defendant). (Complaint, ¶ 5.) The Vehicle was accompanied by an express written warranty. (Id. at ¶ 5.) Soon after the purchase, Plaintiff began experiencing several defects including issues with the powertrain system, the braking system, and the electrical system. (Id. at ¶ 11.) Plaintiff then filed suit on May 25, ...

Excerpt: ...ntiffs”) filed the operative Complaint against Defendant Tesla Motors, Inc. (“Tesla Motors”) and DOES 1 through 10, inclusive for: (1) the Breach of Express Warranty under the S ong-Beverly Warranty Act; and (2) Violation of the Song- Beverly Warranty Act Section 1793.2. On January 22, 2024, Tesla Motors filed this instant Motion to Compel Arbitration. On March 27, 2024, Plaintiffs filed an opposition. On April 3, 2024, Tesla Motors filed i...

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Excerpt: ... causes of action: (1) claim and delivery of personal property; and (2) money due on a contract. The complaint alleges that Ally became the owner of a written contract through written assignment in which Bridges purchased from Plaintiff's assignor a 2018 Mercedes -Benz GLE - Class, and said contract is in defect based on Bridges' failu re to make payment due and owing on April 11, 2023. On January 18, 2024, Ally filed the instant application for ...

Excerpt: ... on April 4, 2024. BACKGROUND On 1/20/2023, plaintiff Jae S. Kim (“Plaintiff”) filed this action. On 1/24/2023, Plaintiff filed the operative First Amended Complaint (“FAC” ") against Defendants South Bay Hyundai LLC aka Hyundai Dealer, Hyundai Motor Manufacturing Alabama LLC aka HMMA (“HMMA”), Hyundai Motor Company (“HMC”) and Does 1 through 50, inclusive, asserting causes of action for (1) breach of oral contract, (2) breach...

Excerpt: ...hbay (erroneously sued as Penske Cadillac Buick GMC Southbay) Responding Party: Plaintiff Lester Arturo Solares Defendant's Motion for Judgment on the Pleadings RULING The Court considered the moving, opposition and reply papers. The Motion for Judgment on the Pleadings by Defendant UAG Southbay, LLC dba Penske Cadillac Buick GMC of Southbay is GRANTED as to the second and third causes of action. Plaintiff is granted 20 days leave to amend. BACKG...

Excerpt: ...ant Lillian Chikako Nishihara as Successor Trustee of the Lillian and Howard Nishihara Family Trust 1990 dated October 8, 1990 Survivor's Trust Responding Party: Plaintiff Ted Tomo Shono Defendant's Demurrer to Plaintiff's First Amended Complaint RULING The Court considered the moving, opposition and reply papers. The Demurrer of Defendant Lillian Chikako Nishihara as Successor Trustee of the Lillian and Howard Nishihara Family Trust 1990 dated O...

Excerpt: ...emurrer is SUSTAINED as to the breach of contract claim WITH LEAVE TO AMEND and OVERRULED as to the negligent misrepresentation claim. The Court considered the moving, opposition, and reply papers. BACKGROUND On December 12, 2023, Plaintiff Alexander Vyborg (“Plaintiff”) filed a complaint against Defendant LBK Consulting, Inc. d/b/a Kreiss Home Furnishings (“Defendant”) for (1) Breach of Contract; and (2) Fraud and Deceit — Negligent Mi...