Excerpt: ...perative First Amended Complaint (FAC) alleges causes of action for: 1) Fraud, 2) Conversion; 3) Violation of Penal Code Section 496; and 4) Unjust Enrichment. On September 19, 2022, Defendants filed a Demurrer to the FAC. Plaintiff filed opposing papers on February 15, 2023. Defendants filed a reply on February 22, 2023. MEET AND CONFER Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone ...

Excerpt: ...rnational Clothing, Inc. ordered one million dollars ($1,000,000) in certain lighting equipment. Defendants paid $210,000, and presented another $800,000 in checks, which were rejected for insufficient funds. Plaintiff alleges an outstanding balance of $790,000. On April 30, 2021, Plaintiff filed its complaint for Breach of Contract, Common Counts, and Fraud. On August 19, 2021, Plaintiff filed a first amended complaint for Fraud – Civil Code s...

Excerpt: ... Inc.) filed its Complaint against Defendant PIH Health Good Samaritan Hospital on the following causes of action: (1) Breach of contract; (2) Breach of implied covenant of good faith and fair dealing; (3) Common count – open book account; (4) Negligence; and (5) Declaratory relief. On January 27, 2023, Defendant filed its Demurrer. On February 15, 2023, Plaintiff filed its Opposition. On February 22, 2023, Defendant filed its Reply. ANALYSIS: ...

Excerpt: ...s”) RESPONDING PARTY: Plaintiff The Court has considered the moving and opposition papers. No reply papers were filed. Any reply papers were required to have been filed and served at least five court days before the hearing under California Code of Civil Procedure section 1005, subdivision (b). BACKGROUND This action arises out of an employment relationship. Plaintiff's complaint (the “Complaint”) alleges: (1) retaliation in violation of La...

Excerpt: ...EALTHCARE, INC. AND JEAN KIM'S APPLICATION TO FILE CONFIDENTIAL SETTLEMENT DECLARATION OF TIFFANY A LE MELLE, ESQ. UNDER COURT SEAL MOVING PARTIES: Defendants Elim Healthcare, Inc. and Jean Kim RESPONDING PARTY: Plaintiffs Yong Cha Pak, by and through her Successor in Interest, Sun Yong Pak, and Sun Yong Pak Application to File Under Seal The court considered the moving papers in connection with this application. No opposition has been filed. BAC...

Excerpt: ... the hearing, the defendant shall be served with all of the following: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP §512.030.) The proof of service filed on February 16, 2023 shows that Defendant was served with all necessary documents. Merits Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a w...

Excerpt: ...�Kwei”) and Jacky Chen (“Chen”) (hereinafter collectively, “Trio”) were officers of Wild West Investment Group, Inc. (“Wild West”). On or around July 15, 2018, the Trio approached Plaintiff's President, Tammy Chou, to request (1) a loan in the sum of $250,000.00 and (2) a lease of the industrial zoned property located at 400 E. Compton Blvd., unincorporated Los Angeles County, CA 90248 (“Industrial Site”) for the development and...

Excerpt: ...es stole her personal possessions. Previously, the Court sustained a demurrer to the causes of action for conversion and financial elder abuse, finding that theft by an individual employee does not convey liability against the employer under the doctrine of respondeat superior. The Court overruled the demurrer to the cause of action for negligence. Plaintiff alleged that Defendants failed to properly screen and investigate the aides they sent to ...

Excerpt: ...aintiff filed her First Amended Complaint. On January 26, 2023, Defendant filed his Motion to Strike Portions of First Amended Complaint. On February 14, 2023, Plaintiff filed her Opposition. On February 17, 2023, Defendant filed his Reply. ANALYSIS: I. Legal Standard Any party, within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435(b)(1)). The noti...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff is the former interim Chief Financial Officer, Consultant and Advisory Board Member of Loton Corp. which eventually merged with Defendant LXL after Plaintiff stepped down from his roles at Loton. Plaintiff alleges that Defendants wrongfully prevented Plaintiff from receiving a stock certificate (#1382 for 100,000 shares of Loton common stoc...

Excerpt: ...urt would consider terminating sanctions if Albinali again failed to comply. Defendant Calvert moves for terminating sanctions, as Albinali failed to appear. A court may order sanctions, up to and including terminating sanctions, for disobeying a discovery order. Cal. Code of Civ. Proc. §§ 2023.010, 2023.030. Terminating sanctions are meant to be remedial, not punitive, and should generally not be imposed unless lesser sanctions fail to induce ...

Excerpt: ... the court, for settlement of the case, or part thereof, the court, may enter judgment pursuant to the terms of the settlement. . . . (b) For purposes of this section, a writing is signed by a party if it is signed by any of the following: (1) The party. (2) An attorney who represents the party. . . . In this case, the Court finds that the parties entered into a settlement agreement by virtue of an exchange of emails between the attorneys for the...

Excerpt: ...ct, as well as a cause of action for fraud by omission. On October 3, 2019, Ford Motor Company filed its Answer to the Complaint. On October 3, 2019, Ford of Montebello, Inc. filed its Answer to the Complaint. On October 7, 2019, Ford of Montebello, Inc. filed another Answer to the Complaint. On October 7, 2019, Ford of Montebello, Inc. filed its Cross- Complaint against Ford Motor Company on causes of action for indemnity, contribution, apportio...

Excerpt: ...andez) and Anarbys Abrahante (Abrahante) entered into an oral partnership agreement with Raul Trevino (Trevino) to establish a Slaters 50/50 franchise on the first floor of a building in Covina (hereafter, Covina Property) that Trevino owned. On March 6, parties formed a corporation named Fervino, Inc. (Fervino). Prior to the partnership, Trevino operated a nightclub on the first floor of the Covina Property. Trevino allegedly agreed to relocate ...

Excerpt: ...idi REQUESTED RELIEF: 1. An order severing the claims into three phases TENTATIVE RULING: 1. Motion to Sever is DENIED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On July 27, 2020, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed a complaint against Defendants Marina Chaliyan, Yuriy S. Chaliyan, Jacqueline Chaliyan, Madlen Chaliyan, Svetlana Yakimidi (“Defendants”) for declaratory relief. The complaint all...

Excerpt: ...g party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc., § 2030.290, subd. (b).) The statute contains no time limit for a motion to compel where no responses have been served. All that need be shown in the moving papers is that a set of interrogatories was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been served. (Leach v. Superior Court...

Excerpt: ...ning Trust (2) Defendants City of Azusa and Azusa Valley Water Company Responding Party: (1) Defendants City of Azusa and Azusa Valley Water Company (2) Plaintiffs Patricia Beecham, personal rep. of The Estate of Praxedes E. Running, and Patricia Beecham and Leia Bowers, co-trustees of the Praxedes E. Running Trust Notice: OK Ruling: The Motion to Strike is granted. The Motion for Summary Adjudication is denied. Plaintiffs to give notice. If coun...

Excerpt: ... as a result, Plaintiffs suffered damage. On April 15, 2021, Plaintiffs filed their Complaint alleging two causes of action for: (1) Motor Vehicle and (2) General Negligence. On January 05, 2023, Plaintiffs filed their FAC, alleging the same causes of action. The FAC differed from the Complaint in one aspect: location. While the Complaint stated the accident occurred in Palmdale, the FAC states that it occurred in Pinon Hills, CA 92372. On Januar...

Excerpt: ...I”) and TZ Global Inc. (together, “Lien Entities”), wherein Lien and Lien Entities agreed to perform various construction improvements (“project”) on Plaintiff's property located at 18321 Handah Ct., Rowland Heights, CA 91748 (“subject property”) in exchange for Plaintiff's payment of $110,000.00. Defendant Joe Mun Yan Chou dba Impact Construction Company (“Chou”) is a licensed contractor who assisted Lien to obtain construction...

Excerpt: ...ven and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. Plaintiff purchased a Subway restaurant franchise from Defendants. Defendants failed to turn over proceeds from credit card issuers for payments customers made with credit cards before the sale closed. Defendants Fred Wu and Dana Wu move to set aside the entry of their defaults and default judgment. TENTATIVE RULING Defendants Fred Wu and Dana Wu's m...

Excerpt: ... this order. Moving party is to give notice of this ruling. Background This is an action for negligence from a vehicle collision that took place on January 3, 2022. Plaintiffs Sergio Ochoa, Rosalva Soto Guevara, and Eder Daniel Torres filed their Complaint against Defendants ABC Installation Corp. and Leonardo Castillo Irepan on January 3, 2022. Defendant Leonardo Irepan filed the instant motions to compel responses to Form Interrogatories (“FR...

Excerpt: ...ruled. Response to complaint due in 30 days. Introduction Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and Southern California Permanente Medical Group (collectively, Defendants) moved to arbitrate and stay the Complaint by Plaintiff Mike Gevshanyan, by and through his Guardian Ad Litem, Agapi Gevshanyan and Agapi Gevshanyan. Procedure Plaintiffs objected to the admissibility of Defendants' Petition Exh. D on sever...

Excerpt: ...pers addressing the issues discussed herein at least 16 court days before the next scheduled hearing. Failure to do so may result in the Petition being placed off calendar or denied. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) NOT OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: None filed as of February 26, 2023. [ ] Late [X] None REPLY: None filed as of Februar...

Excerpt: ...oners Elmcrest Care Center's, Sharon Balane‐de Ocera's, Juanita Cristalez's, Diana Rivas' and Sandra Alvizo's Petition for Order Vacating Arbitration Award 4. Defendants/Petitioners Elmcrest Care Center's, Sharon Balane‐de Ocera's, Juanita Cristalez's, Diana Rivas' and Sandra Alvizo's Petition for an Order Correcting the Corrected Final Arbitration Award served on September 30, 2022 1.‐4. See below. Background [1] Plaintiffs Ericka Ortiz, i...

Excerpt: ... days before the next scheduled hearing, Plaintiff must serve Defendant Montana Marketing and Sales, Inc. with the Summons and Complaint. Failure to do so may result in the Motion being placed off calendar or denied. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: None filed as of February 26, 2023. [ ] Late [X] None R...