Excerpt: ... action. On May 1, 2023, Plaintiff Aaron Koonce filed a complaint against Defendant Kia Motors America, Inc. for Violation of Subdivision (d) of Civil Code Section 1793.2; Violation of Subdivision (b) of Civil Code Section 1793.2; Violat ion of Subdivision (a)(3) of Civil Code Section 1793.2; and Breach of the Implied Warranty of Merchantability. [TENTATIVE] RULING: Plaintiff's Motion to Compel Further Responses to Plaintiff's Requests for Produc...

Excerpt: ...laint against Defendants Ford Motor Company and Sunnyvale Ford for Violation of Subdivision (d) of Civil Code Section 1793.2; Violation of Subdivision (b) of Civil Code Section 1793.2; Violation of Subdivision (a)(3) of Civil Code Section; Breach of the Implied Warranty of Merchantability; Fraudulent Inducement – Concealment; and Negligent Repair. On December 14, 2023, Plaintiff filed a first amended complaint. Plaintiff alleges their vehicle h...

Excerpt: ...UND On July 28, 2023, Plaintiff Alexander Ghatan filed a complaint against BMW of North America, LLC and Sherman Oaks -B, Inc. dba BMW of Sherman Oaks for 1. Violation of Song - Beverly Act – Breach of Express Warranty; 2. Violation of Song -Beverly Act – Breach of Implied Warranty; 3. Violation of The Song -Beverly Act Section 1793.2; and 4. Violation of The Song -Beverly Act Section 1793.22 – Tanner Consumer Protection Act. Plaintiff leas...

Excerpt: ...hit Mehta, and John Patrick Graham for negligence, premises liability, negligent hiring, supervision, or retention of employee, battery, and as sault. Plaintiff Rose alleges Plaintiff, while standing within property he lawfully rented and controlled, was assaulted by Defendant, John Patrick Graham, while Mr. Graham was working as an employee on behalf of the other named Defendants. On December 8, 2023, Loren Properties, LLC, Westside Habitats, LL...

Excerpt: ...endant Cochran Inc. and promised Plaintiff a return on his investment as well as plaintiff would take ownership of the property or that the property would secure Plaintiff's investment. Plaintiff further alleges Eliezer Appel concealed from Plaintiff the fact that plaintiff did not own the property or the company that took title to the property that is, the Defendant Lockhart Development, Inc., and that Eliezer Appel took Plaintiff's investment f...

Excerpt: ...intiff Spotlight Ticket Management, Inc. (“Plaintiff”) alleges that it had an agreement to serve as a member of the StubHub Affiliate Program (the “Affiliate Program”) for Defendants eBay, Inc. (“eBay”) and StubHub, Inc. (“StubHub”) (collectively “Defen dants”). Plaintiff's role was to direct consumers to Defendants' ticket platform in exchange for commissions on orders. Plaintiff alleges that it was not being paid commissions...

Excerpt: ...mount of $51,077.75, consisting of: (a) damages in the amount of $46,905.90; (b) interest in the amount of $1,750.85; (c) costs in the amount of $1,221.00; and (d) attorney's fees in the amount of $1,200. The Court CONTINUES Plaintiff's request for default judgment so that Plaintiff may correct its damages and interest calculations in the CIV -100 and JUD- 100. Plaintiff must calculate requested interest as interest, and not as damages. Backgroun...

Excerpt: ...ents and supplemental responses must be produced within 10 days after the date of this order. If any documents are withheld based on a claim of attorney client or work product privilege, a privilege log must be produced. This privilege log must also be produced within 10 days after the date of this order. The Court declines to impose sanctions this time. However, this motion was avoidable by both sides given the information provided at the IDC. M...

Excerpt: ...ents and supplemental responses must be produced within 10 days after the date of this order. If any documents are withheld based on a claim of attorney client or work product privilege, a privilege log must be produced. This privilege log must also be produced within 10 days after the date of this order. The Court declines to impose sanctions this time. However, this motion was avoidable by both sides given the information provided at the IDC. M...

Excerpt: ...for $250,000.00 to Defendant Cochran Inc. and promised Plaintiff a return on his investment as well as plaintiff would take ownership of the property or that the property would secure Plaintiff's investment. Plaintiff further alleges Eliezer Appel concealed from Plaintiff the fact that plaintiff did not own the property or the company that took title to the property that is, the Defendant Lockhart Development, Inc., and that Eliezer Appel took Pl...

Excerpt: ... (Davis Decl. ¶¶3 -5.) BACKGROUND This is a breach of fiduciary duty action. Plaintiffs Harges Family Partnership, LP and Lorelei Harges, Trustee of the Harges Community Property Trust allege Plaintiffs entered into multiple agreements to sell seven pieces of real property to several buyers. Chartwell agreed to act as the escrow company for the transactions. Plaintiffs allege per Section C of the Addendum, the escrow holder, Chartwell, was supp...

Excerpt: ...o Tailors for breach of written contract and breach of guaranty. Plaintiff alleges Defendants have failed to pay monthly rent for their commercial lease with Plaintiff. Trial was held November 27, 2023. The court entered judgment for Plaintiff against Defendants, jointly and severally. [TENTATIVE] RULING: Plaintiff's Motion for Attorney Fees and Costs is GRANTED, in part. DISCUSSION Plaintiff YS Properties LLC moves the court for an award of atto...

Excerpt: ... Life Aid Research Institute dba Life Aid Holdings, Inc. for fraudulent inducement, f raud (intentional misrepresentation), fraud (deceit by concealment), and fraud (negligent misrepresentation). Plaintiff alleges Defendant misrepresented an investment opportunity in regards to the app, LifeScore App. [TENTATIVE] RULING Plaintiff's Motion for Leave to Amend Complaint is GRANTED. DISCUSSION Plaintiff moves the court for an order granting leave to ...

Excerpt: ...z and Loren Aguirre purchased a 2023 Chevrolet Silverado. Plaintiffs allege defects and nonconformities to warranty manifested themselves. On September 18, 2023, Plaintiffs filed a complaint against Defendant General Motors LLC for 1. Violation of Song -Beverly Act - Breach of Express Warranty and 2. Violation of Song -Beverly Act - Breach of Implied Warranty. [TENTATIVE] RULING Plaintiffs' Motion to Compel Further Responses to Requests for Produ...

Excerpt: ...liability action. Plaintiff alleges on August 4, 2021, Plaintiff purchased and consumed fried rice from a P.F. Chang's restaurant located in Sherman Oaks and while consuming the fried rice, he bit into a metal object resulting in injuries . On August 2, 2023, Plaintiff filed a complaint against Defendants P.F. Chang's China Bistro, Inc. (erroneously sued and served as P.F. Chant's III, LLC) (“P.F. Chang's”) and Christine Doe for strict liabil...

Excerpt: ...lpractice. Plaintiff alleges around October 2021, Plaintiff became a patient of Defendant ADD and its dentists, Dr. Kamangar and Dr. Lokot. During her treatment with Defendants from October 1, 2021 to December 17, 2021, Plaintiff alleges Defendants negligently and carelessly examined, diagnosed, treated, advise d or failed to advise Plaintiff so as to cause Plaintiff injury. Defendant Sergey Lokot's motion for summary judgment was granted on Janu...

Excerpt: ...e Carbajal, a minor by and through her Guardian ad Litem, Melvy Cardona; Melanie Carbajal, a minor by and through her Guardian ad Litem, Melvy Cardona; Michael Carbajal, a minor by and through his Guardian ad Litem, Melvy Cardona, Bella Rodriguez, a minor by and through her Guardian ad Litem, Melvy Cardona, Chanel Carbajal, a minor by and through her Guardian ad Litem, Melvy Cardona; and Mason Cardona, a minor by and through his Guardian ad Litem...

Excerpt: ...ire to rid himself of his dependency on alcohol and decided for the decedent to enter a 24-hour custodial care facility where he would undergo detoxification in a safe environment. Decedent went to West Health, Inc. for care. Upon being admitted, Defendants conducted a “telehealth” assessment of decedent. Plaintiff alleges, however, Defendants failed to perform an adequate assessment and the decedent passed away the next morning. On February ...

Excerpt: ... Park Chapel for which defendant Superior Loan Servicing was the loan servicer. She alleges that the loan included an onerous and illegal liquidated damages provision and that the collection of the loan by defendants violated federal and state laws protecting borrowers. [TENTATIVE] RULING Defendants' Demurrer is OVERRULED in part and SUSTAINED in part without leave to amend. ANALYSIS First Cause of Action for Violation of Civil Code Section 1671 ...

Excerpt: ...p, Inc. filed a complaint against Defendant JP Morgan Chase Bank National Association for breach of contract, accounting, and conversion. Plaintiff opened an account with Chase in November 2020, ending in 3103. Pl aintiff alleges it made an initial deposit of $3,784.29 and a second deposit of $23,000.00 for a total amount of $26,784.29. Plaintiff further alleges Chase closed the account ending in 3103 without prior notice to Plaintiff (when the a...

Excerpt: ...e tenant for their commercial building. Plaintiff alleges Defendants represented to Plaintiff they found a tenant who would run a legal smoke shop and ran a background check on the tenant; however, these representations were false. Plaintiff alleges Defendants did not run a background check and the tenant operated a cannabis shop in violation of the agreement and as prohibited by the Department of Cannabis Regulation. Defendant previously demurre...

Excerpt: ...This is a lemon law action which arises from Plaintiff's lease of a 2020 Honda Accord. On December 21, 2022, Plaintiff filed a complaint against Defendant American Honda Motor Co. asserting causes of action for Violation of Song -Beverly Act and Fraudulent Inducement – Concealment. Plaintiff alleges their vehicle had a sensing defect, which Defendant knew about and concealed. Plaintiff filed a first amended complaint on April 17, 2023. [TENTATI...

Excerpt: .... Trial was set on October 28, 2022 for June 12, 2023 and then continued multiple times to its current date of March 15, 2024. [TENTATIVE] RULING: The request to vacate the trial date is denied; request to file a cross -complaint is denied. DISCUSSION At any time during the course of the lawsuit, the court retains power to permit the defendant to file a compulsory cross -complaint. Code Civ. Proc., § 426.50. Where the proposed cross -complaint a...

Excerpt: ...t Defendant AvantGarde Senior Living dba AvantGarde Senior Living of Tarzana for (1) Negligence; (2) Violations of The Elder and Dependent Adult Civil Protection Act [Welf. & Instit. Code §15 600 Et Seq.]; (3) Violations of Resident Rights [Health & Safety Code §1430(B)]; and (4) Wrongful Death. Plaintiff filed an amended complaint on July 14, 2023, removing the third cause of action for Violations of Resident Rights. Plaintiff filed a second a...

Excerpt: ...ainst Defendant General Motors LLC on June 23, 2023 for Violation of the Song -Beverly Consumer Warranty Act. Plaintiff alleges on October 16, 2022, Plaintiff purchased a 2023 Chevrolet Suburban. However, the subject vehicle has suffered from nonconformities to warranty, including, but not limited to, the engine, pistons, check engine light, faulty valve cover gasket, and other defects. [TENTATIVE] RULING: Plaintiff Lonni LZ Inc.'s Motion to Comp...