Excerpt: ...Mercedes -Benz USA, LLC (“Mercedes -Benz”) (“Defendant”). (Notice of Motion, pg. 1; Civ. Code §§1794(d), 1780(e).) Background This is a lemon law action brought under the Song -Beverly Consumer Warranty Act (“Song - Beverly Act”). Plaintiff accepted Defendant's C.C.P. §998 offer of compromise (“998 Offer”) on May 4, 2023, in the amount of $20,000.00 plus attorney's fees, costs, and expenses by motion. (P -COE, Exh. 1.) On Augus...

Excerpt: ...ather than in person due to the COVID-19 pandemic. This is a lemon law matter. Defendant Ford Motor Company demurs to the Complaint's sixth cause of action for concealment for failure to state sufficient facts. When considering demurrers, courts read the allegations liberally and in context, and “treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law.” ( Serrano v. Pr...

Excerpt: ...on for a Court Judgment by default. The proposed money judgment is for over $6 Million and against Defendant Harbor Green Grain, LP, and separately against other defendants as well based on the same evidence. Plaintiffs' evidence submitted in support of the claimed default judgments as to each of the defaulting defendants is the Declaration of Qiandai Zhao, who asserts she is the owner of LAT Group Inc. The evidence is insufficient for the Court ...

Excerpt: ...1-1992, when Jane Doe AH was 13 and Jane Doe KC was 15. The abuse occurred in both Mexico and California, while the Doe plaintiffs were backup singers and dancers for Defendant Trevi, a Mexican popstar. There are two cross -complaints in this action. Defendant Trevi brought a cross- complaint against Sergio Andrade, Jane Does KC 1 and AH 2, Jane Roe JP 1 and Conexiones Americanas. As to Jane Doe KC 1, Trevi alleges that KC 1 aided and abetted And...

Excerpt: ...sory Note 4. Breach of Guaranty 5. Breach of Implied Covenant of Good Faith and Fair Dealing 6. Judicial Foreclosure of UCC -1 Lien 7. Interference With Contract 8. Accounting 9. Declaratory Relief RULING : The demurrer is overruled as to the 1 st, 7 th and 9 th causes of action and sustained without leave to amend as to the 5 th cause of action. Answer is due within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of the sal...

Excerpt: ...ligence, and the third COA for gross negligence. Plaintiff's opposition was due April 18, 2024 and none was filed. Procedure Despite the demurrer citing to three separate COAs, Plaintiff's Complaint only alleged a single COA for general negligence. The Court reviewed the Complaint and the Demurrer based upon the express allegations made in the Complaint (i.e., a single COA for general negligence). The Court noted that Plaintiff alleged within the...

Excerpt: ...l Detainer Complaint OPPOSITION: 18 April 2024 REPLY: 14 April 2024 TENTATIVE: Defendants' demurrer is sustained without leave to amend. The action is dismissed. Moving party to give notice. BACKGROUND On December 21, 2023, Quetzal Salcido as administrator of Patricia Salcido -Alvonistis's Estate (“Plaintiff”) filed an Unlawful Detainer (UD) Complaint against Eric Martirosyan and E & E Ristorante Group, Inc. (collectively “Defendants”). O...

Excerpt: ...roposed judgment within 10 days after the date of this order. The case is closed. Defendant Maultsby's motion to change venue is DENIED as moot. Moving party to provide notice. FACTUAL BACKGROUND This is an action for unlawful detainer. Plaintiff alleges that on May 9, 2023, it acquired the subject property and unit at a trustee's sale after Maultsby defaulted on a loan secured by the property. (Compl., ¶9.) Defendant remains in possession of th...

Excerpt: ...laintiff”), Saul Gonzalez Arreola, and Eva Gonzalez Arreola filed this action against def\ endant Li Cui (“Defendant”), among other medical professionals, arising\ from the death of Jorge Gonzalez (“Decedent”). On January 10, 2024, Defendant filed this demurrer to Plaintiff's Third Cause of Action for negligent inflictio\ n of emotional distress (“NIED”). Defendant argues that the NIED claim fails to\ state facts sufficient to const...

Excerpt: ... the cause of action under Title 42, United States Code, Section 1983 for the reason set forth below. Plaintiff must file a first amended complaint within 20 days after the date of this order. In the amended complaint, Plaintiff must address the issue of the capacity in which Defendant Crosby is being sued as discussed below. Moving party to provide notice. FACTUAL BACKGROUND This is an action alleging law enforcement officer misconduct. Plaintif...

Excerpt: ...r judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis for the claim against h...

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: ... to strike punitive damages. The court sustained a demurrer on 12/15/23. The FAC includes new allegations that an arborist opined the vine is injurious to health, and a structural engineering firm opined the hot water eruption caused structural damage to Hill's home. FAC ¶¶ 36 -37. Per Cal. Civ. Code §841(b)(2), “[a]djoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them[,]” a...

Excerpt: ...auses of action with 20 days leave to amend. Defendants' motion to strike is moot as the FAC is subject to demurrer. I. BACKGROUND On May 19, 2023, Plaintiff Timothy Kortenkamp (“Plaintiff”) filed this action. On January 25, 2024, Plaintiff filed a First Amended Complaint against Defendants Anthem Blue Cross Life and Health Insurance Company (“Anthem”) and Elevance Health, Inc. (“Elevance”) alleging the following causes of action: C/A...

Excerpt: ...another student while on campus. [2] On December 28, 2023, Plaintiff Y.O., a minor, and by and through her Guardian Ad Litem, Beatriz P. filed suit against Defendants WALNUT VALLEY UNIFIED SCHOOL DISTRICT (“District”); SUSAN ARZOLA (the “Principal”). On January 30, 2024, Plaintiff filed her first amended complaint (FAC) against the same Defendants for: 1. Negligent Supervision Of Students [Gov. C. §§ 815.2, 815.6, And 820]; 2. Negligent...

Excerpt: ...e fourth cause of action without leave to amend. The motion to strike is MOOT in part and GRANTED with leave to amend in part. Discussion This is a derivative action filed by Plaintiff Steven Liu on behalf of Defendant Saratoga Maintenance Corporation (“Saratoga”). Plaintiff originally pursued this action in his individual capacity, (see Case No. 19STCV25459), and alleged seven causes of act ion against Saratoga, Defendant John Leon, Defendan...

Excerpt: ...R STREET LENDING FUND IV SPE, LLC'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT Background Plaintiff Denise Wheeler (“Plaintiff”) filed this action on September 21, 2023 against Defendant Center Street Lending Corporation. Plaintiff filed the operative First Amended Complaint (“FAC”) on January 8, 2024 against Defendants Center Street Lending Corporation and Center Street Lending Fund IV SPE, LLC (jointly, “Defendan...

Excerpt: ..., individually and as Trustee for the Eisler Family Living Trust; Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Wells. MOTIONS Plaintiff Yazmin Ortiz (“Plaintiff”) demurs to and moves to strike the first amended answer (“FAA”) filed by Defendants Rudy Eisler, individually and as trustee for the Eisler Family Living Trust; Steven Eisler individually and as Trustee for the Eisler Family 2000 Living Trus...

Excerpt: ... action arises from the deterioration of a business relationship between Jeff Kwatinetz (“Kwatinetz”), founder and manager of music production company, Prospect Park, LLC, and Azealia Banks (“Banks”), a recording artist and rapper. On September 20, 2021, Kwatinetz and Prospect Park, LLC (collectively, “Plaintiffs”), filed a Complaint against Banks and Lasagna Girl, LLC (collectively, “Defendants”). The Complaint alleged the causes...

Excerpt: ...frontation between two attorneys in the Mosk Courthouse hallway. The Complaint alleges that Defendant Fari Bari Nejadpour (Defendant Nejadpour) “instigated an extremely minor confrontation by cornering, trapping, det aining and threatening” Plaintiff Larry M. Bakman (Plaintiff Bakman) and “forcing a cellular telephone” into Plaintiff's face and recording Plaintiff's voice without his permission in an attempt to falsely claim that Defe...

Excerpt: ...n September 26, 2023. He alleges that Defendant Exeter Finance LLC (Defendant), as his auto -finance lender, wrongfully repossessed and sold his vehicle despite his timely payments on his auto -loan. Plaintiff's complaint alleges three causes of action against Defendant for negligence, fraud, and conversion. On February 8, 2024, Defendant filed this motion to compel arbitration based on the arbitration clause in a Retail Installment Sale Contract...

Excerpt: ...Oasis”) for the use of medical cannabis growth operations. The parties entered into a written contract. Thereafter, Oasis defaulted on the rent and facility fee payments. Alprop attempted to resolve the dispute without resorting to arbitration. Oasis did not respond. Alprop later opened an arbitration case with JAMS as provided under the partie s' agreement. However, Oasis did not respond to any notice or correspondence from JAMS to participate...

Excerpt: ...erest Employment Development Department (“EDD”), to schedule him for an in -person appointment. Additionally, Herrera asks the court to issue a cease -and -desist order to prevent the EDD from continuing to garnish Herrera's wages. The court has read and considered the moving papers, opposition, and reply, (and Herrera's April 22, 2024 Brief) and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Herrera...

Excerpt: ... Pressed Down, LLC, Protech Minerals, LLC, and Protech Minerals RE LLC. O n October 17, 2023, the court denied the petition as to petitioners, and granted as to respondents. Petitioners filed a notice of appeal on July 2, 2021. On June 24, 2022, the order on the petition was affirmed on appeal. Remittitur was issued on September 12, 2022. RULING: Continued to July 19, 2024. On June 9, 2023, respondents Pressed Down, LLC, Protech Minerals, LLC, an...

Excerpt: ...ice: OK Ruling: The Motions to Quash are denied. The Motion to Seal is granted. Moving parties to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On November 24, 2021, Plaintiff Simmons Unlimited, LLC filed the operative Complaint against Defendants Dejanee Riley Izydorczyk (“Riley”), Gabriella McNeill, and Deja Riley Athletics...