Excerpt: ... make further responses to request for admission is GRANTED. Defendant is ordered to provide supplemental responses within 10 days. Sanctions are imposed against Defendant and counsel, jointly and severally, in the sum of $3,420.00 payable within 30 days. Moving Party to give NOTICE. I-II. Motions to Compel Further Responses Plaintiff Taricco moves to compel further responses to form and special interrogatories, and request for admissions pursuan...

Excerpt: ...spass action was filed by Plaintiff JOHNNIE PAXTON (“Plaintiff”) on March 6, 2020. The relevant facts, as alleged, are as follows: “Plaintiff purchased the [Subject Property] on September 8, 2016. On or about March 14, 2017, Plaintiff discovered his toilet had backed up. Plaintiff hired a plumber who discovered that the blockage was caused by excessive tree root intrusion into the pipes. Plaintiff hired a contractor to remove the roots and ...

Excerpt: ...lication to Stay Discovery Order A brief procedural history of this matter is as follows:  Plaintiff's Motion to Compel Further Responses and Production was set for hearing on November 17, 2020. A tentative order denying the motion was issued. Plaintiff's Counsel did not appear at the November 17, 2020 hearing. Defense counsel submitted on the tentative, and the tentative became the final order.  On November 23, 2020, Plaintiff filed the Su...

Excerpt: ...it Union is OFF-CALENDAR pursuant to the stipulation filed on 2/4/21. Moving Party to give NOTICE. I-II. Motions to Quash Subpoenas directed to Burton E. Carter & Associates Defendants William and Yvonne Morton moves to quash subpoenas issued to Burton E. Carter & Associates, LLC. The FAC alleges that Defendants William and Yvonne Morton were appointed Plaintiff's conservators in 1996 in Arizona. (FAC, ¶¶ 5, 6, 9.) In 2004, approximately one ye...

Excerpt: ... Nos. 1-2, 4, 7, 10, 15-20, 25, 26-48. Remaining objections are overruled. Merits A defendant moving for summary judgment/adjudication has met its burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP § 437c(p)(2).) The Complaint, filed by Plaintiff Raymond Yi, alleges that on 9/23/15, Plaintiff was injured on Defendant JSGS's property due to...

Excerpt: ...eriors, LLC and Showroom, Inc.'s motion for summary judgment or, in the alternative, for summary adjudication is DENIED. Plaintiffs to give NOTICE. I. Meribear Productions, Inc. and Merideth Baer's MSJ/MSA Cross-Defendants Meribear Production, Inc. and Meridith Baer's motion for summary judgment or, in the alternative, summary adjudication is CONTINUED to Tuesday, 3/16/21 at 1:30 PM in Dept. C. Pursuant to Cross-Complainants' request, a Hearing o...

Excerpt: ...0/30/20, alleges that Plaintiff Luis Santiago Valencia is an attorney who represented Maria Lesseos and Surfin Souvlaki, LLC in an employment action brought by a former employee of the Surfin' Souvlaki restaurant. (Complaint, ¶¶ 1, 4, 5, 10-11.) Valencia performed legal services on behalf of Lesseos in the employment action. (Id. at ¶¶ 13-18.) Lesseos accumulated a total legal bill of $12,000 for his services, only $2,000 of which has been pa...

Excerpt: ...ile a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2031.310(b).) Plaintiff alleges that his 2018 Dodge Durango vehicle suffers from “widespread defects including the Radio/Back-Up Camera Defect,” and Defendant has been unable ...

Excerpt: ...Emory Park, Inc.'s motion for terminating, issue, and/or evidentiary sanctions for Defendant's failure to appear at their deposition is DENIED. Motion for monetary sanctions is GRANTED. Sanctions are imposed against Defendants 2202 East Anderson Street and Vanounou, jointly and severally, in the sum of $4,260.00, payable within 30 days. Moving Party to give NOTICE. I. Sanctions for Failure to Comply with Court Orders Plaintiff Emory Park, Inc. mo...

Excerpt: ...el Defendant Afshin Bozorgmanesh's further responses to Plaintiff's special interrogatories, set one is GRANTED. Defendant is ordered to provide supplemental responses within 30 days. No sanctions. III. Plaintiff Continental Vitamin Company, Inc.'s motion to compel Defendant Frunutta, LLC's further responses to Plaintiff's requests for admission, set two is GRANTED. Defendant is ordered to provide supplemental responses within 30 days. No sanctio...

Excerpt: ...s of action are OVERRULED. Defendants Yashica Bamola (Doe 1) and Rajan and Yashica Bamola 2017 Trust (Doe 2)'s motion to strike is MOOT in light of the court's grant of leave to amend. II. Plaintiff Robinson's motion for leave to file a supplemental complaint is GRANTED. III. Plaintiff Robinson's motion for leave to substitute Rajan Bamola with Yahica Bamola and the Rajan & Yashica 2017 Trust, as his personal representative and successors in inte...

Excerpt: ...ternet websites of companies offering them for sale) is DENIED. The photographs are not properly subject to judicial notice under Cal. Ev. Code §§451 or 452. This action for wrongful death was filed by Plaintiff ANA LORENA CASTRO (“Plaintiff”), individually and as the successor in interest of LEONARDO LEANOS (“Decedent”) on March 13, 2018. The relevant facts, as alleged, are as follows: “On July 5, 2016, Plaintiff's decedent, Leonardo...

Excerpt: ...o the Shear declaration is sustained; remaining objections to the Shear declaration are overruled. Complaint Plaintiff Green Building Corporation's Complaint, filed 5/8/19, alleges that Defendant US Controls failed to perform labor and furnish material and equipment on the public works construction project known as “Downey Area Recycling and Transfer Station Storm Water Capture Project. Plaintiff also alleges that Defendant Argonaut Insurance C...

Excerpt: ... sufficient to constitute a cause of action. Plaintiff's First Amended Complaint alleges that in March 2013, California Restaurant Mutual Benefit Corporation (“CRMBC”) filed a lawsuit against Tio Robby's, Inc. In July 2013, the parties entered into a written settlement agreement providing that CRMBC would receive a stipulation for judgment for $39,874.70; that Tio Robby's would pay $12,500 in full satisfaction of the judgment, and that within...

Excerpt: ...ies to the Motion. (See Galindo Decl., Ex. A.) CCP §664.6 provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement un...

Excerpt: ...by Plaintiffs JOSE CABRERA and DENE M. MOLINA (“Plaintiffs”) on October 12, 2018. On July 2, 2020, Plaintiffs FILED a First Amended Complaint (“FAC”). The FAC asserts the following causes of action: (1) Fraud; (2) Breach of Contract; (3) Implied in Fact Covenant of Good Faith and Fair Dealing; (4) Unjust Enrichment; (5) Injunction; (6) Conspiracy to Defraud; (7) Constructive Trust; (8) Quiet Title; and (9) Partition. Defendant LOIS M. EDW...

Excerpt: ... give NOTICE. I. Relief from Waiver Defendant Nissan North America, Inc. moves for relief from waiver of objections pursuant to CCP § 2031.300. The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance… (2) The party's failure to serve a timely response was the result of mistake, inadv...

Excerpt: ...r deny a preliminary injunction is committed to the discretion of the trial court after the court determines (1) the likelihood that the plaintiff will prevail on the merits at trial, and (2) the relative harms suffered by the parties.” (Pleasant Hill Bayshore Disposal, Inc. v. Chip-It Recycling, Inc. (2001) 91 Cal.App.4th 678, 695.) Plaintiffs have the burden of proof to show all elements necessary to support issuance of a preliminary injuncti...

Excerpt: ...s currently in default. Therefore, she has no standing to make any motion beyond that of a Motion to Set Aside Entry of Default. Defendant JAH HEALING KIMETIC TEMPLE OF THE DIVINE, INC. (“JAH”) moves to set aside this Court's Discovery Orders dated March 10, 2020; July 14, 2020; and September 25, 2020 under CCP §473(b). JAH argues that these Discovery Orders should be set aside because its failures to respond to the discovery at issue were d...

Excerpt: .... On 2/17/15, default was entered against Defendant Delgado. On 2/20/15, Defendant filed an Answer. Because Defendant's Answer was filed after entry of default was taken, the Answer is untimely and void. The court's Minute Order dated 2/27/15 provides that “The answer filed by Defendant Jose Delgado was filed after the default was entered. The default remains in place.” Plaintiff's Notice filed on 3/2/15 also provides, “The Court confirmed ...

Excerpt: ... based on the statute of limitations and the 1 st – 3 rd causes of action are OVERRULED. II. Defendants Yashica Bamola (Doe 1) and Rajan and Yashica Bamola 2017 Trust (Doe 2)'s motion to strike is MOOT in light of the court's grant of leave to amend. III. Plaintiff Robinson's motion for leave to file a supplemental complaint is GRANTED. IV. Plaintiff Robinson's motion for leave to substitute Rajan Bamola with Yahica Bamola and the Rajan & Yashi...

Excerpt: ... quash Plaintiff JEREMIAH CASAS' (“Plaintiff”) subpoena for the production of business records from Downey Police Department, or in the alternative, for a protective order. Specifically, Defendants argue that the subpoena should be quashed “on the grounds that Plaintiff failed to serve Junction Bar and Mr. August with a copy of his August 3, 2020, subpoena for the production of business records from Downey Police Department…. This motion ...

Excerpt: ...fering from injuries due to a motorcycle accident …. Plaintiff read and relied on Koi's ‘0% THC' claims, believing as a result of those claims, that he would not fail his then- employer's random drug test.” (Complaint ¶120.) “On or around July 22, 2019, after using Defendant's Products, Plaintiff tested positive (failed) a random drug test administered by the DOT and required for his employment. Plaintiff tested positive for cannabinoids...

Excerpt: ...and JOSE J. RODRIGUEZ is DENIED without prejudice. Opposing Party to give notice. Plaintiffs argue that terminating, or issue, or evidentiary sanctions are appropriate pursuant to CCP §2023.030(d) because Defendants YEPEZ LANDSCAPING, INC. and JOSE J. RODRIGUEZ (“Defendants”) engaged in intentional destruction of evidence by failing to preserve photographs that Defendant RODRIGUEZ took immediately after the Subject Collision occurred. In Opp...

Excerpt: ...e causes of action, and are uncertain. 6th CAUSE OF ACTION The elements for Fraud by Concealment are: 1. Defendant concealed or suppressed a material fact; 2. defendant was under a duty to disclose the fact to the plaintiff; 3. defendant intentionally concealed or suppressed the fact with the intent to defraud the plaintiff; 4. plaintiff was unaware of the fact and would not have acted in the same way knowing of the concealed or suppressed fact; ...

Excerpt: ...e 3 rd and 4 th causes of action on the grounds that they fail to state facts sufficient and are uncertain. Plaintiff alleges that she was sexually molested by her teacher, Hector Rodriguez, while she was a student. The First Amended Complaint asserts causes of action for: 1. Assault and Battery 2. Negligence 3. Pen. Code 11166 4. CC 51.9 5. Educ. Code 220 6. CC 1708.5 7. IIED 3rd CAUSE OF ACTION Penal Code section 11166 provides in relevant part...

Excerpt: ...the 1 st – 6th causes of action on the ground that they fail to state facts sufficient to constitute causes of action. 1st CAUSE OF ACTION UNFAIR COMPETITION: The Unfair Business Practices Act shall include “any unlawful, unfair, or fraudulent business act or practice.” (B&P Code 17200.) A plaintiff alleging unfair business practices under these statutes must state with reasonable particularity the facts supporting the statutory elements of...

Excerpt: ...sonal injury action was filed by Plaintiff KIMBERLY BATTAGLIA on February 7, 2019. On February 20, 2020 a First Amended Complaint (“FAC”) was filed. The relevant facts, as alleged, are as follows: “Beginning in late 2008/early 2009, [Golden] began to examine Plaintiff on a routine basis to ascertain the state of her health and to diagnose and treat any possible diseases or physical conditions….During the period that Plaintiff was a patien...

Excerpt: ...tiff VALERIA SOLIS, a minor, by and through her GAL, Marcos Solis on June 25, 2019. Plaintiff alleges that “[o]n February 12, 2019, Plaintiff was in P.E. class on the P.E. field when another student (‘student assailant') started harassing and/or assaulting and/or battering other students on the P.E. field. The student assailant's misconduct…lasted for a lengthy period of time. But neither P.E. teachers nor staff attempted to stop the studen...

Excerpt: ...sts for Judicial Notice are GRANTED. Cal. Ev. Code §452. This action concerning real property was filed on April 13, 2018. On February 7, 2020, Plaintiff filed a First Amended Complaint (“FAC”). Plaintiff TRP FUND IV LIV REV TRUST requests cancellation of three instruments as void: First Assignment of Deed of Trust, Second Assignment of Deed of Trust, and Third Assignment of Deed of Trust. Plaintiff alleges that the assignments are void beca...

Excerpt: ...y judgment is DENIED. Plaintiff to give NOTICE. Defendants Susy Salsberg, Edward Salsberg, and Pierrend move for summary judgment/adjudication pursuant to CCP § 437c. Evidentiary Objections Defendants' Objections 1-10 to Choy's Declaration are overruled. Defendants' Objections 1-5 to Wescott's Declaration are overruled. Defendants' Objections 1-2 to Sanchez's Declaration are overruled. Pleadings This is a dog bite case brought by Plaintiff Jose ...

Excerpt: ... of an automobile collision occurring on 3/24/18, involving vehicles driven by Defendant Antonio Rico and Defendant Liana Ua. The collision propelled Ua's vehicle into the glass storefront of The Donut Place. Plaintiff was a customer inside The Donut Place. Plaintiff has sued both drivers, as well as the owner of the premises. Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract...

Excerpt: ...ted exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pu...

Excerpt: ... is DENIED. Defendants to give notice. VIVERA PHARMACEUTICALS, INC.'s Motion to Strike Defendants BLAINE LABORATORIES, INC.; BLAINE HOLDING & DEVELOPMENT, LLC; and DR. ROBERT C. BLAINE's Surreply in Opposition to VIVERA PHARMACEUTICAL, INC.'s Motion for Summary Judgment is GRANTED. The Surreply was filed without leave of Court and is hereby STRICKEN. VIVERA PHARMACEUTICALS, INC.'s Request for Judicial Notice is GRANTED. Cal. Ev. Code §452. BLAIN...

Excerpt: ...ion to strike the remedies of restitution/replacement is GRANTED without leave to amend. Motion to strike punitive damages is MOOT. Moving Party to give NOTICE. I. Demurrer Defendant Hyundai Motor America demurs to all causes of action on the basis of res judicata, and separately demurs to the 5 th – 6 th causes of action on the ground that they fail to state facts sufficient to constitute causes of action. Plaintiffs Jose and Elizabeth Campos'...

Excerpt: ...e their Answers within 10 days. Moving Parties to give NOTICE. Defendants Bancor, Inc., a California corporation, Victor Sampson, and Bancor, Inc., a Delaware corporation demur to each of Plaintiffs' causes of action on the ground that they fail to state facts sufficient to constitute causes of action. This action for Quiet Title was filed by Plaintiffs Ricardo and Teresa Rubio on September 24, 2018. The SAC is directed against Defendants Victor ...

Excerpt: ...of Janeth Arias, Esq. in Support of Plaintiff's Opposition indicates that true and correct excerpts of Amy Miller's deposition transcript are attached as Exhibit 4. The Court has reviewed Exhibit 4 of the Arias Declaration, and the deposition pages attached are blank. (Arias Decl., ¶6.) This action for sexual harassment was filed by Plaintiff TONEE J. NAVARRO (“Plaintiff”) on March 2, 2018. On August 2, 2018, a Second Amended Complaint (“S...

Excerpt: ...nt moving for summary judgment/adjudication has met its burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP § 437c(p)(2).) The Complaint alleges that on 9/23/15, Plaintiff was injured on Defendant JSGS's property due to its negligence. The Complaint asserts a single cause of action for Premises Liability. ISSUE 1 Defendant contends it owes ...

Excerpt: ...Pharmaceuticals, Inc. (“Plaintiff”) filed its unlawful detainer action against Defendants Dr. Robert C. Blaine (“Dr. Blaine”) and Blaine Holding & Development, LLC (“Blaine Holding.”) The complaint alleges that Plaintiff had a commercial lease agreement (“Agreement”) with Blaine Holding. Per the Agreement, Plaintiff leased: (1) 11037 Lockport Place, Santa Fe Springs, California 90670 (“Building One”), (3) 11100 Greenstone Aven...

Excerpt: ...ocedural History On November 6, 2019, Plaintiff Polyn Spirtos (“Plaintiff”) filed a Complaint against Defendant Bogardus Homeowners Association aka East Whittier Villas Homeowners Association (“Association”) for: (1) breach of covenant; (2) money had and received; (3) fraudulent misrepresentation; and (4) negligent misrepresentation. Plaintiff alleges she purchased the real property located at 10420 Bogardus Ave., Unit 2, Whittier, Califo...

Excerpt: ...ndant PAUL R. MERCER, M.D.'s Demurrer to Cross- Complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the ninth cause of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the tenth cause of action. Moving Party(s) to give notice. Background This is a breach of contract and Labor Code violations action. Plaintiffs Paul R. Mercer, M.D., Joseph J. Rossini, D.O., Daniel Honigman, M.D., Jackson Ma, M.D., and Eric R. Ross, M.D. (“Plaintiffs” or ...

Excerpt: ...dad's personal consumer records, or in the alternative, for protective order is DENIED. III. Plaintiffs Thompson, et al.'s motion to quash deposition subpoenas seeking Brandeis Thompson's personal consumer records, or in the alternative, for protective order is DENIED. IV. Plaintiffs Thompson, et al.'s motion to quash deposition subpoenas seeking Christina Hernandez's personal consumer records, or in the alternative, for protective order is DENIE...

Excerpt: ...Associates demurs to the complaint on the ground that it fails to state facts sufficient to constitute a cause of action. FEHA provides that no complaint for any violation of its provisions may be filed with the DFEH “after expiration of one year from the date upon which the alleged unlawful practice or refusal to cooperate occurred.” (Morgan v. The Regents of the University of California(2000) 88 Cal.App.4th 52, 53; Government Code § 12960(...

Excerpt: ...1 st, 3rd, and 4 th causes of action. Moving Parties to give NOTICE. Cross-Defendants Paul and Lisa Om, OMC Industries, Inc., and Protex Supply Company, LLC demur to the 1 st 6 th causes of action on the ground that they fail to state facts sufficient to constitute causes of action. This business tort action was filed by Plaintiff Americolor, LLC against Defendant Kay on 5/1/19. The Second Amended Cross-Complaint (“SAXC”) was filed by Kay Hwa...

Excerpt: ... notice of pursuant to Cal. Ev. Code §452. This action for medical malpractice was filed by Plaintiff on July 25, 2018. On May 8, 2019, a First Amended Complaint (“FAC”) was filed. The FAC asserts one cause of action for medical malpractice. Defendant PIH HEALTH HOSPITAL (erroneously sued as PRESBYTERIAN INTERCOMMUNITY HOSPITAL) (“Defendant”) moves for summary judgment pursuant to CCP §437c. “[I]n any medical malpractice action, the p...

Excerpt: ...ct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order. (CCP 473(d).) The court has power to set aside a judgment that is void as a matter of law. (CCP 473(d).) A judgment may be void as a matter of law for many reasons, including lack of or improper service of summons. However, substanti...

Excerpt: ... statements contained therein. Cal. Ev. Code §452. This action for breach of contract was filed by Plaintiff GEORGE MAKRIDIS on December 10, 2018. On September 22, 2019, Plaintiff filed the subject First Amended Complaint (“FAC”). The relevant facts, as alleged, are as follows: “This complaint arises out of Defendants' breach of contract, breach of fiduciary duty, conversion of property and fraudulent embezzling of funds from Plaintiff's b...

Excerpt: ... & Read moves to strike Defendants Markham, Zerner, and Markham & Read move for an order striking the Amended Complaint pursuant to CCP § 425.16. Objections Plaintiff's Objections 1-57 are overruled. Defendants' Objection 1 is sustained, and Objections 2-3 are overruled. Procedural Background Plaintiff Paul Edalat initially filed a Complaint in this court on 8/13/19. The action was thereafter removed to Federal Court, during which time Plaintiff...

Excerpt: ...rt of Motion to Compel Arbitration FILED on June 12, 2020 are STRICKEN, as filed without leave of Court. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement t...

Excerpt: ...e notice. Defendant BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC's Request for Judicial Notice is GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. Cal. Ev. Code §452. Plaintiff THOMAS O'BRIEN's Omnibus Request for Judicial Notice is GRANTED as to the existence of documents, but not as to any hearsay statements contained therein. Cal. Ev. Code §452. This personal injury action was filed by Plaint...