Excerpt: ..., and served the notice by mail on November 9, 2018. Defendants appealed the judgment arguing the trial court erred in that it (1) wrongly interpreted the contracts between the parties, (2) found personal liability on the part of Defendants Cox. Jr. and Cox III, and (3) lacked substantial evidence to support the award of judgment. The Court of Appeal issued a Remittitur on July 15, 2020, affirming the judgment of the trial court and stating Defen...

Excerpt: ...ured and/or distributed by Defendant Nissan North America, Inc. (“Nissan” or “Defendant”). Compl. ¶ 14. Plaintiff alleges she received an express written warranty in connection with the purchase, including a 3-year/36,000-mile basic warranty and a 5-year/60,000-mile powertrain warranty that covered the engine, transmission and transaxle, drivetrain, and restraint system. Compl. ¶ 8. According to Plaintiff, the Subject Vehicle contained ...

Excerpt: ...ions is DENIED for failure to request sanctions in the notice of the motion. Defendant J&R Fleet is instructed to give notice. Background This case arises from allegations that defendant Bulk Transportation negligently owned, operated, designed, or maintained Plaintiff Eduardo Barba's (“Barba” or “Plaintiff”) truck (the “truck”) in such a manner so as to cause injury to Plaintiff while he was working for Bulk Transportation. Compl. ¶...

Excerpt: ...m (“Glendora”). First Am. Compl. (“FAC”) ¶¶ 5, 7. The Subject Vehicle was allegedly manufactured and/or distributed by Defendant FCA US, LLC (“FCA”). FAC ¶ 7. Plaintiffs allege they received an express written warranty in connection with the purchase, including a 3-year/36,000-mile bumper-to-bumper warranty and a 5-year/100,000-mile powertrain warranty that covered the engine and transmission. FAC ¶ 8. According to Plaintiffs, the...

Excerpt: ...afolla Vega (“Vega”) and minor Plaintiffs Javier Manuel Ruiz (“Javier Ruiz”), Valerie Reina Ruiz (“Valerie Ruiz”), and Angelina Aileen Ruiz (“Angelina Ruiz”) (collectively “Plaintiffs”) allege they are now or have previously been tenants of the Subject Property. Compl. ¶ 2. Defendant Wilmington Arms Housing, LP (“Wilmington” or “Defendant”) is allegedly the owner and manager of the Subject Property. Compl. ¶ 1. Accor...

Excerpt: ...Trade Company, Ltd. (“Owen” or “Plaintiff”) alleges that defendants Dura Bell Ceramics, Inc. (“Dura Bell”) and Verona Quartz, Inc. (“Verona”) (collectively “Defendants”) breached the terms of a written contract, by which they jointly agreed to purchase a total of 27 containers of artificial slab from Plaintiff for $1,044,072.96. Compl. 1st COA ¶ BC-1. Defendants have allegedly only paid $360,000, leaving a balance of $684,072...

Excerpt: ...parties to comply with all statutory requirements and court rules. The Complaint includes an exhibit that contains the sensitive information of Plaintiff Church of Scientology Western United States, including its unredacted financial account numbers. See Compl. Ex. A. Pursuant to California Rules of Court, rule 1.201(a)(2), such information must be redacted or excluded to protect personal privacy and other legitimate interests. Plaintiffs are ins...

Excerpt: ...r. The court STRIKES the proposed Fourth Amended Complaint on its own motion. See Code Civ. Proc. § 436(b). Defendant is instructed to give notice. Background This case arises in connection with Plaintiff Avery Schwartz, M.D.'s (“Schwartz” or “Plaintiff”) employment with Defendant Dignity Health, d/b/a St. Mary Medical Center (“Dignity Health” or “Defendant”). Plaintiff alleges he entered into a Resident Employment Agreement with...

Excerpt: ... train operated by Defendant Los Angeles County Metropolitan Transportation Authority (the “LACMTA”) when it was involved in a motor vehicle collision with a fire truck operated by Defendant the City of Los Angeles (the “City,” erroneously sued and served as “Los Angeles Fire Department”). Defendant William Mark Harris (“Harris”) was allegedly the driver of the fire truck, and Defendant Lamont Hopes (“Hopes”) was allegedly the...

Excerpt: ... resolved through good faith meet and confer efforts, the parties are to contact the court to schedule an Informal Discovery Conference (“IDC”) prior to rescheduling the hearing on the subject motions. The parties are ORDERED to file a succinct joint statement 7 days prior to any scheduled IDC describing the propounded discovery and its relevance, the reasons for any objections, and the overall state of discovery. The court DENIES Plaintiff's...

Excerpt: ...Ford”). First Am. Compl. (“FAC”) ¶ 7. Defendant Ford Motor Company (“Ford”) manufactured and/or distributed the Subject Vehicle. Id. Plaintiff alleges he received an express written warranty in connection with the purchase, in which Ford undertook to preserve or maintain the utility or performance of the Subject Vehicle or to provide compensation if there is a failure in utility or performance of the “engine and engine components aga...

Excerpt: ...ate rising to 16% upon a default. Compl. ¶ 8. The Note was secured by a Security Agreement (the “Agreement”), in which Now pledged all personal intellectual property and the proceeds therefrom as security for the performance of the Note. Compl. ¶ 9. A Uniform Commercial Code (“UCC”) Financing Statement containing the description of the collateral was recorded with the Delaware Department of State on June 3, 2017, as Instrument number 20...

Excerpt: .... As with Defendants' original responses, the supplemental responses state Defendants cannot respond to the interrogatories at this time, pursuant to the privacy rights of juvenile dependents under Welfare and Institutions Code section 827. Id. Accordingly, Defendant's supplemental responses do not resolve the parties' dispute or the issue before the court. Defendants contend they cannot provide responses because the Juvenile Court has only autho...

Excerpt: ...urt OVERRULES Defendant W.W. Grainger, Inc.'s demurrer to the FAC and GRANTS the motion to strike the reference to “other products to be determined during discovery.” The court OVERRULES Defendant Imperial Supplies, LLC's demurrer to the FAC in its entirety. The court SUSTAINS Defendant Welding Material Sales, Inc.'s (“WMS”) demurrer to Plaintiff Alex Johnson's claims as Decedent's successor in interest against defendant WMS, as these cla...

Excerpt: ... with plaintiff Ragaie Gobran's (“Gobran” or “Plaintiff”) employment with Key Aud, LLC (“Key Aud” or “Defendant,” erroneously sued as “Keyaud, LLC” and doing business as “Keyes Audi”). Plaintiff was hired by Key Aud as a finance manager on or about April 17, 2019. Compl. ¶ 14. On or about September 16, 2019, Plaintiff was informed by his medical provider that he was suffering from a progressive form of cancer and was plac...

Excerpt: ...ictor Hernandez (“Hernandez”) was Plaintiff's direct supervisor. Compl. ¶ 23. Defendant Patricia Pollard (“Pollard”) worked for HPCC's Human Resources department. Compl. ¶ 26. Defendants HPCC, Hernandez, and Pollard will collectively be referred to as “Defendants.” Plaintiff alleges she is African-American and was employed as a food server for Defendant HPCC. Compl. ¶¶ 22, 78-79. According to Plaintiff, Defendant Hernandez treated...

Excerpt: ...r production of documents by November 20, 2020, along with all responsive documents. The court AWARDS Defendant $450 in monetary sanctions payable within 30 days of the court's ruling. Defendant to give notice. Background This employment action arises in connection with Plaintiff Michael Najarian's (“Najarian” or “Plaintiff”) employment as a pharmacist for Defendant AIDS HealthCare Foundation (“AHF” or “Defendant”). Plaintiff alle...

Excerpt: ... or “Plaintiff”) alleges she obtained a loan from America's Wholesale Lenders on or about January 18, 2006, in the amount of $284,000.00 (the “Loan”), which was allegedly secured by a deed of trust (the “DOT”) on the real property at 44809 Benald Street, Lancaster, CA 93535 (the “Subject Property”). First Am. Compl. (“FAC”) ¶ 1. American Wholesale Lenders allegedly transferred the DOT through Defendant Mortgage Electronic Reg...

Excerpt: ...efendant De La Peña and his attorney, Todd & Associates, jointly and severally. Background This action arises in connection with a written Merchant Processing Application and Personal Guaranty (the “Agreement”) that Defendant Marcio Oliverio De La Peña, d/b/a Fifo's Body Fender (“De La Peña” or “Defendant”), allegedly entered into with Plaintiff Wells Fargo Merchant Services, LLC (“Wells Fargo” or “Plaintiff”) on or about J...

Excerpt: ...g date. The court also ORDERS the parties to meet and confer to determine if they can limit the scope of items in dispute based on the court's guidance herein. In their supplemental papers, Plaintiffs are to identify with specificity the items in the billing records that were incurred on issues common to their elder abuse claim against Sara Dakarmen, in her capacity as personal representative of Troud's estate. They may present this evidence thro...

Excerpt: ...fy which plaintiff(s) are bringing which claims against Park. See Cal. R. Ct. 2.112. The motion to strike is MOOT. Defendant to give notice. Background This action arises in connection with plaintiff Lourdes Garcia's (“Garcia”) sale of plaintiff Sweet Grace Home Health, LLC (“SGHH”) to defendant Jae S. Park (“Park” or “Defendant”) and a share purchase agreement Park allegedly entered into with plaintiff Marlon Mallari (“Mallari�...

Excerpt: ...fendants Tyler Bates (“Bates”) and Tyler Bates Music, Inc. (“TBM”) (collectively “Defendants”). In the Complaint, Plaintiffs allege they agreed to compose portions of the musical score for the motion picture Guardians of the Galaxy Vol. 2 (the “Film”). According to Plaintiffs, Defendants have refused and failed to share credit and give Plaintiffs their full agreed-upon portion of the royalties. Plaintiffs filed the Complaint on Oc...

Excerpt: ... Defendant NIW USA, Inc. (“NIW”), which is allegedly an unlicensed law firm that employs attorneys and non- attorneys to provide legal services related to immigration to foreign nationals and immigrants who are present in the United States. First Am. Compl. (“FAC”) ¶¶ 8-9. Defendant Samuel Jinkyoo Kang (“Kang”) was allegedly the proprietor, principal, and CEO of NIW. Id. NIW and Kang will collectively be referred to as “Defendants...

Excerpt: ...covery Conference (“IDC”) and file a succinct joint statement at least 7 days before the IDC detailing their meet and confer efforts, the discovery produced to date, the remaining items in dispute, and the need for and opposition to the discovery. Plaintiff to give notice. Background This action arises in connection with plaintiff Monica Trail's (“Trail” or “Plaintiff”) alleged lease of a 2018 Audi Q5 (“the Subject Vehicle”) from ...

Excerpt: ...der to Deposit Bond Funds with Court, for Exoneration and Dismissal of Western Surety Company, and for an Award of Attorney's Fees and Costs, AWARD Plaintiff's reasonable attorney's fees and costs of $6,290, and ORDER Plaintiff Western Surety Company discharged from this action upon deposit of the remaining Bond funds of $43,710. If the court grants the order, the deposit is to be made within 30 days of this order and the funds will be held pendi...