Excerpt: ... purchased a new vehicle from Defendant which she later discovered suffered from numerous defects and malfunctions. Plaintiff alleges that Defendant refused to repurchase the nonconforming vehicle. The Complaint asserts causes of action under the Song-Beverly Consumer Warranty Act (“Song- Beverly”). On May 24, 2017, Defendant served a Code of Civil Procedure section 998 offer for $44,000, which offer was not accepted. (Proudfoot Decl., ¶ 9.)...

Excerpt: ...section 36(a). Trial in this matter is currently set for August 29, 2018, and Baumel requests that trial be set on a date after September 18, 2018 (the date of the parties' mediation) and before November 20, 2018. Defendant and Cross-Complainant Charles de Seve (“de Seve”) opposes. Discussion Code of Civil Procedure section 36(a) provides: (a) A party to a civil action who is over 70 years of age may petition the court for a preference, which...

Excerpt: ...LDO SUAREZ, Plaintiffs, vs. FORD MOTOR COMPANY, et al. Defendants. Case No.: BC 640103 Hearing Date: July 23, 2018 Hearing Time: 8:30 a.m. [TENTATIVE] ORDER RE: PLAINTIFF'S MOTION FOR ATTOR N EXPENSES Background Plaintiff Leovigildo Suarez (“Plaintiff”) filed this action on November 7, 2016 against Defendant Ford Motor Company (“Defendant”). Plaintiff alleges that he purchased a new vehicle from Defendant which he later discovered suffere...

Excerpt: .../08/1991 (jointly, “Plaintiffs”) filed the instant Complaint in Unlawful Detainer on February 16, 2018 against Defendants Faye M. Ogawa (“Faye Ogawa”), Craig A. Ogawa (“Craig Ogawa”), and Design Details, Inc. (“Design Details”) (collectively, “Defendants”). The Complaint alleges that per a written commercial lease agreement entered into on November 15, 2010, Defendants agreed to pay rent of $8,000 per month to Plaintiffs. The ...

Excerpt: ...�Plaintiffs”) moved for an order awarding additional attorney's fees. The Court ordered supplemental briefing on two issues: why two invoices for the same period were submitted and identification of the fees and costs associated with the first proposed judgment and second motion to confirm arbitration award. Plaintiffs have submitted their supplemental briefs. Defendants Premiere Medical Center of Burbank, Inc. (“Premiere”), Michael Marsh (...

Excerpt: ...rowner, Tanique Taylor, Anthony Moore, Latasha McLemore, and Ralph Taylor (collectively, “Plaintiffs”) filed the instant action on February 5, 2018 against Defendants Carpenters Property Management, Equity Holding Corp.; Group XIII Properties LP, PAMA Management, Inc., and IE Rental Homes, Inc. The Complaint asserts causes of action for breach of implied warranty of habitability, negligence, nuisance, and violations of Civil Code section 1942...

Excerpt: ...nt Ford Motor Company (“Defendant”). Plaintiffs allege that they purchased a new vehicle from Defendant which they later discovered suffered from numerous defects and malfunctions. Plaintiffs allege that Defendant refused to repurchase the nonconforming vehicle. The Complaint asserts causes of action under the Song-Beverly Consumer Warranty Act (“Song-Beverly”). On or about March 2, 2017, Defendant made a Code of Civil Procedure section 9...

Excerpt: ..., INC. TO PLAINTIFF'S COMPLAINT; (C) DEMURRER AND MOTION TO STRIKE OF DEFENDANT MORLEY BUILDERS, INC. TO PLAINTIFF'S COMPLAINT Background Plaintiff Antonio Cutts (“Cutts”) initiated the instant action on December 28, 2017 against Defendants Morley Builders, Inc. (“Morley”), Helix Electric, Inc. (“Helix”), Clarett West Development, LLC (“CWD”), and DLJ Real Estate Capital Partners, L.P. (“DLJ”) (collectively, “Defendants”)....

Excerpt: ...omplaint”). The Complaint asserts one cause of action for breach of contract. Defendant demurs to the Complaint on the basis that the cause of action fails to state a claim and is additionally uncertain. No opposition to the demurrer was filed. Procedural Issues On May 16, 2018, the Court continued the hearing on Defendant's demurrer and ordered Defendant to file a proof of service showing service of the demurrer on Causey because no such proof...

Excerpt: ...ranting preliminary approval of the class action settlement entered into with Defendant SCIS Air Security Corporation (“SCIS”). The motion is unopposed. Discussion Preliminary Approval of Class Action Settlement As a “fiduciary” for the absent class members, “the trial court's duty [is] to have before it sufficient information to determine if the settlement [is] fair, adequate, and reasonable.” ((7- Eleven Owners for Fair Franchising ...

Excerpt: ...to the Complaint of Plaintiff Mercedes Churchwell (“Churchwell”). The Complaint asserts causes of action for violations of statutory obligations, including the Song-Beverly Act and Magnusson-Moss Acts. Ford demurs to the seventh cause of action (fraudulent inducement - concealment), eighth cause of action (fraudulent inducement – intentional misrepresentation), and ninth cause of action (fraudulent inducement – negligent misrepresentation...

Excerpt: ...) filed this employment action on November 16, 2017 against Defendants Republic Services, Inc. (“Republic Services”), Kelly Services, Inc. (“Kelly Services”), and Chris Doe. Consolidated Disposal Service, LLC (“CDS”) was added to replace Doe No. 2 on December 29, 2017. Republic Services was dismissed without prejudice by stipulation on February 15, 2018. The Complaint asserts causes of action under FEHA for retaliation, discrimination...

Excerpt: ...noperable windows and household appliances, deteriorated walls and ceilings, faulty pipes and electrical wiring, unsanitary flooring, unsafe common areas, and inadequate security. On August 1, 2013, plaintiffs commenced the first of two cases (Deolarte) in this action. On July 15, 2015, plaintiffs commenced the second (Aguilar). On August 12, 2015, Department 74 of the Court (Judge Sanchez-Gordon) deemed the two cases related. On August 3, 2016, ...

Excerpt: ...�) on November 17, 2017. On February 15, 2018, a Notice of Settlement of Entire Case (the “Notice”) was filed by Menchaca, indicating that a conditional settlement had been reached, and that a request for dismissal would be filed no later than March 30, 2018. Menchaca now moves to set aside the Notice and return the matter to the active civil calendar because the parties have not reached a binding settlement. FCA opposes. Discussion Californi...

Excerpt: ... 13, 2017. The Complaint asserts causes of action for breach of contract, open book account, account stated, and reasonable value, arising from Quezada's alleged failure to pay workers compensation insurance premiums during specified periods of time. According to Plaintiff, Quezada made certain assertions during discovery that the insured was instead a corporate entity named R&G Drywall and Plaster, Inc. Therefore, Plaintiff seeks leave to amend ...

Excerpt: ...plaint asserts causes of action for disability discrimination, failure to engage in the interactive process, failure to provide reasonable accommodations, failure to prevent discrimination, and wrongful termination in violation of public policy. Monster now moves for an order compelling arbitration pursuant to Plaintiff's duly executed arbitration agreement. Plaintiff opposes. Legal Standard In a motion to compel arbitration, the moving party mus...

Excerpt: ...y Santamaria, Christopher Bolan, Thomas Conrad, Efren Corral, Francis De La Victoria, Gabriel Ferreras, Christopher Gelvin, Christopher Glassford, Mario Granado, Ryan Kennedy, John Kielbasa, Jeremy Lapworth, Kurt Logan, David Neville, Luis Ojeda, Ernest Pagarigan, Enoch Park, Fidencio Pina, Javier Ramos, Karen Rayner, Gabriel Rebolledo, Luis Rodarte, Paul Siegel, Joel Trask, and Joseph McDowell (collectively, “Defendants”) move to continue tr...

Excerpt: ... part: Judge Beaudet hereby discloses that approximately 18 years ago, she and her husband purchased a pickup truck for her husband's use that he recalls was either a Dodge or Chrysler pickup; Judge Beaudet does not remember the maker of the pickup. The pickup developed electrical problems. Judge Beaudet's husband took the pickup in to the dealer many times for the same electrical problem. The pickup was tested with some device while it was opera...

Excerpt: ...e Dina (jointly, the “Dinas”) initiated this action on March 12, 2015 against Defendants Joseph Safran (“Safran”), One Capital Group, Inc. (“One Capital”), Mashbir, LLC (“Mashbir”), and 708 Hampton, I, LLC (the “Dina Action”). On March 7, 2016, Joseph Safran (“Safran”) and One Capital Group, Inc. (“One Capital”) filed a complaint in Case No. BC 612973 against, inter alia, the Dinas (the “Safran Action”), which has ...

Excerpt: ...dants Rosalinda Garza-Wiesand ("Rosalinda") and Theodore Wiesand C 'Wiesand')_ By the complaint: Elba sought to quiet title in her name to certain real property, and to cancel deeds that Rosalinda and Wiesand had allegedly procured by fraud. Hector A. Garza: Jr. ("Hector") was appointed Elba's guardian ad litem on December 4: 2015. Rosalinda filed a cross-complaint against Elba: arnong others: also seeking to quiet title. One of the cross-defenda...

Excerpt: ...eting Partners, and Alan Harrington (collectively, “Movants”) move to enforce a forum selection clause contained in a Promissory Note and Security Agreement, dated January 12, 2011 (the “Loan Agreement”) between nonparty Global One Financial, a division of Synovus Bank (“Synovus”) and Plaintiff Ram Sales, Inc. (“Ram Sales”). The forum selection clause at issue indicates that jurisdiction for any disputes arising out of or in conne...

Excerpt: ...��Plaintiff”) initiated this wrongful death action on December 30, 2016 against Defendants City of Los Angeles, Los Angeles Police Department, and Officer Charles Kumlander[1](“Kumlander”). On February 9, 2018, Kumlander served Form Interrogatories, Set One, and Requests for Production of Documents, Set One on Plaintiff. (Baker Decl., ¶ 2, Ex. 1.) On April 16, 2018, having received no responses, counsel for Kumlander sent a meet and confer...

Excerpt: ...legal Expenditures of Public Funds on April 5, 2017 against Defendants GDL Best Contractors, Inc. (“GDL”), Francisco M. Lopez, Jose C. Lopez, and Benjamin Lopez (collectively, “GDL Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 8, 2017. CTAN challenges a contract awarded by Real Party in Interest Montebello Unified School District (“MUSD”) to GDL on April 7, 2016 entitled “Exterior Environmenta...

Excerpt: ...Farrelly aka Darius S. Farrelly (“Farrelly”). Plaintiff has submitted a default judgment package seeking entry of default judgment against Farrelly in the amount of $163,892.16, reflecting $150,291.64 demanded in the Complaint, $12,930.52 in prejudgment interest, and $670 in costs. The Court finds that Plaintiff has not sufficiently supported its request by the submitted declarations and evidence. For one, the Declaration of Brandon Deshler f...

Excerpt: ...B Global, Inc., Jack Liu, Sean Liu, Chundi Liu aka Chun Di Liu, and Jie Wang. Plaintiff has submitted a default judgment package seeking entry of default judgment against JDKY (USA), Inc., Sean Liu, and Jie Wang in the amount of $390,720.97. However, the Court notes a number of defects with the default judgment package. First, Plaintiff's name appears incorrect on the Request for Court Judgment (Form CIV-100), Item 1(b) and Item 4 is incomplete. ...