Excerpt: ...s a party to file 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).) On 8/13/19, Defendant responded to Plaintiff's meet and confer efforts by offering to “supplement its document production and produce additional documen...

Excerpt: .... (Ev. Code 452.) Procedural History On May 29, 2015, Khulood Cotta (“Khulood” or Decedent) filed an action for breach of contract against Plaintiff Shamaan (Case No. BC583501). (SAC, ¶21.) On August 3, 2016 Judgment was entered in favor of Khulood and against Plaintiff for three properties: 1) the Humboldt Property; 2) the Florence Property; and 3) the Wilcox Property. Plaintiff alleges that Khulood had an oral agreement with Shamaan to tra...

Excerpt: ...f December 17, 2019. Plaintiff PAWNEE LEASING applies for a writ of attachment in the sum of $72,468.25 against Defendants SO CAL CATER TRUCK, INC. and JORGE NOE GOMEZ. At the hearing, the court shall consider the showing made by the parties appearin g and shall issue a right to attach order, which shall state the amount to be secur ed by the attachment determined by the court in accordance with Section 483.01 5 or 483.020, if it finds all of the...

Excerpt: ...nte Medical Group is GRANTED. Moving Party to give Notice. This action for professional medical negligence was filed by Plaintiff BATTAGLIA on February 7, 2019. Plaintiff's Complaint asserts the following causes of action: (1) Professional Medical Negligence; (2) Intentional Infliction of Emotional Distress; (3) Battery; (4) Assault; (5) Breach of Fiduciary Duty; (6) Sexual Harassment; and (7) Negligence Per Se. On August 7, 2019, Plaintiff serve...

Excerpt: ... asserting seven causes of action: (1) breach of contract; (2) conversion; (3) accounting; (4) violation of business and professions code; (5) fraudulent misrepresentation; (6) negligent misrepresentation; and (7) declaratory relief. Pierson's cross- complaint named Reza Samandari (“Samandari”), James Hoseini d/b/a Home Expo (“Hoseini”), and Roes 1 through 100 as cross-defendants. On November 14, 2017, the Court (Hon. Thomas D. Long) cond...

Excerpt: ...ase agreement, whereby the Tenant Defendants agreed to lease the premises at 14200 Telegraph Road, Whittier, CA 90604 (“subject property”) with the intent to operate a gas station on the premises. The lease was for an initial term of 10 years with two additional five-year option terms. Plaintiff Anabi Oil Corporation (“Plaintiff”) entered into an agreement with iFuel, Inc. to purchase a minimum amount of gasoline per month for a term of 1...

Excerpt: ...non Declaration are overruled. Defendant's objections to the Parke Declaration are sustained as to Nos. 1, 4-8, and the remaining objections are overruled. Complaint This breach of contract action was filed by Plaintiff Delia Castanon on 2/25/16. Plaintiff and her father, Robert Castanon, were joint tenants of the real property located at 11826 Loma Drive, Whittier, California. On 9/3/11, after Plaintiff's father passed away, defendant would not ...

Excerpt: ...A to Defendants' Request for Judicial Notice in Support of Defendants' Demurrer to Plaintiff's Third Amended Complaint and Motion to Strike Under Seal is GRANTED. Plaintiff to give Notice. Defendants ELLESTAD and VAIL's (collectively “Defendants”) Request for Judicial Notice of the October 17, 2017 E-Mail between Matt Vail and Chris Otey and Attachments is DENIED. The demurrer is limited to the four corners of the TAC and any additional facts...

Excerpt: ...COLOR, LLC requests that this Court taken judicial notice of the following documents: (1) Declaration of Kay Hwang in Support of His Application for Right to Attach Order, Issuance of Writ of Attachment, and Temporary Protective Order, signed by Kay Hwang on May 28, 2019; and (2) Declaration of Kay Hwang in Support of His Application for Right to Attach Order, Issuance of Writ of Attachment, and Temporary Protective Order, signed by Kay Hwang on ...

Excerpt: ...1st, 2nd, and 5th causes of action. Moving party to give NOTICE. Defendant Wells Fargo Bank, N.A. demurs to the 1st – 6th causes of action on the ground that they fail to state facts sufficient to constitute causes of action. PREEMPTION Under the Home Owners' Loan Act of 1933, 12 U.S.C. § 1461 et seq., the federal Office of Thrift Supervision has issued 12 C.F.R. § 560.2, which delineates what is a matter for federal regulation, and what ...

Excerpt: ...rein. Cal. Ev. Code §452. On March 15, 2019, Defendant/tenant VIVERA PHARMACEUTICALS, INC. (“Vivera”) filed a complaint against Plaintiff/landlord BLAINE HOLDING & DEVELOPMENT, LLC (“Blaine”) for (1) Forcible Entry; and (2) Forcible Detainer (“Underlying Action”) (Case No. 19NWCV00244). Vivera sought possession of ta portion of leased property at 11037 Lockport Place (“Building One”) and 1110 Greenstone Avenue (“Warehouse”) (...

Excerpt: ...nt to arbitrate; (ii) set forth the name of the arbitrator; (iii) attached a copy of the award and the written opinion of the arbitrator; and (iv) is brought within four years after date of service of copy of award on petitioner. (See CCP §1285.) The Petitioner meets all the requirements of the statue. Given the Court's ruling on BILL's Petition to Vacate Contractual Arbitration below, CHASE's Petition to Confirm Contractual Arbitration is grant...

Excerpt: ... decedent within a reasonable time, the successor may recover the property or compel its payment, delivery, or transfer in an action brought for that purpose against the holder of the property. If an action is brought against the holder under this section, the court shall award reasonable attorney's fees to the person or persons bringing the action if the court finds that the holder under the decedent's property acted unreasonably in failing to p...

Excerpt: ...UPE ROJAS on February 2, 2017. Plaintiffs allege that on February 8, 2015, Plaintiff MIGUEL ROJAS HERNANDEZ was attacked by a patron of Defendant POTRERO, INC dba EL POTRERO CLUB AND RESTAURANT (“Potrero”). Potrero contracted for security guard services with the Moving Party herein, Defendant CALIFORNIA FORCE PATROL, INC. (“Moving Party”). The relevant facts, as alleged, are as follows: “A verbal altercation occurred between Plaintiffs'...

Excerpt: ...ntroversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (CCP 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create confl...

Excerpt: ...position(s) filed as of June 13, 2019. This action for breach of insurance contract was filed by Plaintiff OSCAR BARRAGAN on March 8, 2019. Plaintiff alleges that he “was the insured pursuant to a written policy of insurance covering a vehicle owned by plaintiff…issued by defendant Geico Indemnity Company.” (Complaint ¶3.) Plaintiff further alleges that in October 2017, the vehicle covered under the subject policy was damaged in an automob...

Excerpt: ...: 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 the violation. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 619.) ¶15 alleges that Defendants violated the Homeowners' Bill of Rights...

Excerpt: ...ting to the property or transaction which is the subject of the action and that person is so situated that the disposition of the action may as a practical matter impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by existing parties, the court shall, upon timely application, permit that person to intervene. Plaintiff filed a complaint for Quiet Title and other tort cla...

Excerpt: ... granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. (CCP 1008.) The legislative intent was to restrict these motions to circumstances ...

Excerpt: ...re overruled. 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).) Paige contends that all causes of action fail against her because no enforceable contract was ever created; Defendant never made a false representation; Defendant never wrongfully interfered with Fle...

Excerpt: ...ions to either party. K&M is to give NOTICE. Cross-Defendant Lemieux moves to quash the deposition subpoena issued to Barber & Bauermeister (“B&B”). If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in sub...

Excerpt: ...strike. (Matson v. Dvorak (1995) 40 Cal.App.4th 539, 548; Dixon v. Superior Court (1994) 30Cal.App.4th 733, 742; Wilcox v. Superior Court (1994) 17 Cal.App.4th 809, 819.) A defendant need not firstestablish that his actions are constitutionally prot <00490003004f0044005a00 110003> (Wilcox v.Superior Court, supra, 17 Cal.App.4th at 820.) However, a defendant is required to make a prima facie s howingthat plaintiff's suit arises from any act of def...

Excerpt: ...34.04. At the hearing, the court shall consider the showing made by the parties appearin g and shall issue a right toattach order, which shall state the amount to be secure d by the attachment determined by the court inaccordance with Section 483.015 or 483.020, if it finds all of the following: 1. The claim upon which the attachment is based is one upon which an attachment may be issued 2. The plaintiff has established the probable validity of t...

Excerpt: ...ualify Discovery Referee Pursuant to CCP §§170.6 and 170.1 is DENIED. Opposing Party to give Notice. Defendants SHOWROOM INTERIORS, LLC and SHOWROOM, INC.'s demurrer to Plaintiff's Fourth Amended Complaint At the outset, the Court finds that the instant demurrer was filed without first complying with the mandatory meet and confer requirement set forth in CCP §430.41(a). (See Berglund Decl., ¶4.) Notwithstanding the parties' failure to comply ...

Excerpt: ...tiff PGG ENTERPRISE CORPORATION on August 23, 2018. Plaintiff alleges that the parties entered into a commercial lease “wherein defendant GAYNEL E. RADER and Fred Rader agreed to lease the subject property to the plaintiff for a period of fifteen years….” (FAC ¶6.) “At the time the Commercial Lease was entered into, it was contemplated that the plaintiff would operate a Circle K convenience store wherein certain improvements would be und...

Excerpt: ...y is an apex officer, with no knowledge of the subject medical treatment that Plaintiff experienced and lacks any knowledge that will reasonably lead to the discovery of admissible evidence. “Unless otherwise limited by order of the court in accordance [with the Discovery Act], any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action . . . if the matter . . . appe...

Excerpt: ...state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of the following: 1.The claim upon which the attachment is based is one upon which an attachment may be issued 2.The plaintiff has established the probable validity of the claim upon which the attachment is based 3.The attachment is not sought for a purpose other than the recovery on the claim upon which the atta...

Excerpt: ...V.Defendant City of Whittier's motion to compel the deposition of Plaintiff Pablo Martinez is GRANTED. No sanctions. Defendant to give NOTICE. I.Protective Order Plaintiffs Isaac Cuevas, Andres Cuevas, and Pablo Martinez's motion for protective order is DENIED. Minor Plaintiffs Isaac Cuevas, Andres Cuevas, and Pablo Martinez move for a protective order pursuant to CCP 2019.030. “(a)¿The court shall restrict the frequency or extent of use of a ...

Excerpt: ...ut his alleged actions. Does rebuffing a supervisor's sexual advances constitute protected activity under California law? The Court notes that there is a split of authority on this issue under federal law. Compare Ogden v. Wax Works, Inc., 214 F.3d 999, 1008 (8 th Cir. 2000) (rebuffing a supervisor's sexual advances constitutes “the most basic form of protected activity” in retaliation claims) and EEOC v. New Breed Logistics, 783 F.3d 1057, 1...

Excerpt: ...ion subpoena obligates any resident of California to appear, testify, and produce whatever documents or things are specified in the subpoena. (CCP §2020.220(c).) A deposition subpoena is enforceable either by a motion to compel compliance, or contempt proceedings. (See CCP §§1987.1, 2025.480(b).) No Opposition has been filed as of May 21, 2019. The unopposed Motion to Compel Deposition of Witness Nicholas Lucas is granted. Defendant has submit...

Excerpt: ...rer, the Court treats all properly pleaded facts in the complaint as admitted. (Blank v. Kirwan(1985) 39 Cal.3d 311, 318.) The demurrer is limited to the four corners of the pleading, and any additional facts which are properly the subject of judicial notice. (CCP §430.30(a).) While the Court is empowered to take judicial notice of discovery responses, it is not permitted to use the vehicle of judicial notice to transform the demurrer into an im...

Excerpt: ...and argue the merits on the continued hearing date. If counsel are unable to informally resolve their discovery disputes, then counsel are instructed to submit a joint statement outlining the remaining disputed issues for which a ruling is required. The joint statement must be FILED on or before June 3, 2019. A courtesy copy of the joint statement must be delivered directly to Department SE-C no later than 3:00 p.m. on June 3, 2019. Plaintiff is ...

Excerpt: ...beral approach to amendment of pleadings in light of a strong policy favoring resolution of all disputes between parties in the same action. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Pursuant to this liberal policy, requests for leave to amend will normally be granted unless (a) the party seeking to amend has been dilatory in bringing the proposed amendment before the court; and (b) the delay in seeking leave to amend will cause prejudic...

Excerpt: ...ompel production of documents (1) created in and after March 2017 and (2) relating to Plaintiff's mental or emotional condition. Plaintiff's and Defendant's requests for sanctions is DENIED. Plaintiff is to give notice. BACKGROUND This personal injury action was filed on July 13, 2017. Plaintiff alleges that he was a kindergarten student at Defendant Bellflower Unified School District (“BUSD”) from September 2016 to March 2017. Plaintiff alle...

Excerpt: ...and/or lease holder is a public nuisance. On January 10, 2018, trial commenced. The Court found Defendant Elaine L. Benson is deceased as of 2009 and denied defense's request to dismiss the case and Plaintiff's request for the Court to voir Steve Benson and to proceed to trial. The Court granted Plaintiff's request to continue the matter. Plaintiff amended the complaint on January 25, 2018, naming Steven Benson, individually as a defendant in pla...

Excerpt: ...responding party, and any other party or affected natural person or organization may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (CCP 2030.090(a), 2031.060(a), and 2033.080(a).) The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppress...

Excerpt: ...ves for judgment on the pleadings as to the sole cause of action for breach of contract in the First Amended Cross-complaint (“FACC”) filed by Cross-complainant 5633 Maywood, LLC's (“Cross-complainant”) on December 12, 2018. Cross-defendant's request to take judicial notice of two recorded documents filed with LA County Recorder's Office is granted. (Evid. Code, § 452(e); Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540,...

Excerpt: ...17. Plaintiff alleges that Defendants knowingly rented her an illegal converted garage in violation of statutes, ordinances, and the laws of the city of Bell. “At the time the property was rented to the plaintiff the defendants and each of them were not permitted by the City of Bell to rent the property to the plaintiff and were not permitted to collect rent from the plaintiff.” (Complaint, Att. BC-2.) Plaintiff's Form Complaint asserts the f...

Excerpt: ...…in which the mental…condition…of that party…is in controversy in the action.” (CCP §2032.020(a).) “The court shall grant a motion for a…mental examination…only for good cause shown.” (CCP §2032.320(a).) Defendants' expert, Dr. Purisch initially examined Plaintiff on October 26, 2016. Plaintiff's expert, Dr. Reading, initially examined Plaintiff on November 8, 2016. Dr. Reading recently performed a second, follow-up examinatio...

Excerpt: ...TITLE INSURANCE COMPANY (“Cross-Defendant”) on October 1, 2018. On December 28, 2018, Defendants/Cross-Complainants WASHINGTON & AKCERN INVESTMENT, LLC and SERGE GHARIBIAN (collectively “Cross-Complainants”) filed the subject Cross-Complaint. The Cross-Complaint asserts one sole cause of action for Declaratory Relief. Cross-Defendant demurs to the Cross-Complaint on the following grounds: (1) the Cross-Complaint is unnecessary and duplica...

Excerpt: ...to file and serve their Answers within 10 days. IV. Defendant Sanchez's motion to strike is moot in light of the court's grant of leave to amend. Defendants Vasquez and Zakaria's motion to strike is DENIED. Defendants Vasquez and Zakaria are ordered to file and serve their Answers within 10 days. Moving parties to give NOTICE. I-II. Motion to Quash Defendants Martinez and Donald and Pinky Jervis move to quash service of summons pursuant to CCP §...

Excerpt: ...d on the ground that they fail to state facts sufficient to constitute a cause of action. The elements for a cause of action for Fraud are: 1) misrepresentation (false representation, concealment, or nondisclosure); 2) knowledge of falsity (scienter); 3) intent to defraud or induce reliance; 4) justifiable reliance; and 5) damages. (See CC 1709.) Fraud actions are subject to strict requirements of particularity in pleading. (Committee on Children...

Excerpt: ...ce. Defendant's Motion to Strike Portions of Plaintiff's Second Amended Complaint Defendant argues that portions of Plaintiff's SAC should be stricken pursuant to CCP §436. The Court disagrees. Plaintiff's SAC was filed without leave of Court, and should be stricken in its entirety. Defendant's arguments in its Motion to Strike Portions of Plaintiff's SAC are MOOT. Each party has the right to amend its pleadings once without leave of court at an...

Excerpt: ...is DEEMED FILED and SERVED as of the date of the Court's issuance of this Order. All parties are ORDERED to appear for a CASE MANAGEMENT CONFERENCE on Thursday, June 6, 2019 at 8:30 a.m. in Department SE-F The Court notes that Defendant makes both a motion to quash and a motion to set aside default. Given that Defendant is currently in default, the only motion that she may properly make is one to set aside the default. As Defendant's default has ...

Excerpt: ... §1987.1. However, the Court grants a protective order limiting the scope of the subpoenas, as the subpoenas are overbroad. II. Plaintiff's Motion to Compel AMAN BERI to produce documents in response to Second Amended Notice of Deposition is DENIED. I. Plaintiff's Motion to Compel AVA BERI RESTAURANTS GROUP, INC.'s PMK to produce documents in response to Third Amended Notice of Deposition is DENIED. Defendant AVA BERI RESTAURANTS, INC. to give N...

Excerpt: ...RULED as to the prayer for injunctive relief. CCP § 430.10 Plaintiff H.P. Automotive and Tow, Inc. dba Huntington Park Tow Service (“Plaintiff”) alleges that Defendant City of Huntington Park (“Defendant”) breached a long term contract it had with Plaintiff to provide Defendant's police garage, towing and storage services. (Compl. ¶ <00510047004b0058000300 00b4000c000300440051[d Gurmit Kaur purchased Plaintiff from its prior owners, and...

Excerpt: ...erest to Zula Seaborn (collectively “Plaintiffs”) allege Defendants KND Development 53, LLC dba Kindred Hospital South Bay (“Kindred Hospital”), Mirada Hills Rehabilitation and Convalescent Hospital dba Life Care Centers of America, Inc. (“Mirada Hills”), Star Home Health Services, Inc., and California Post Acute Care failed to provide appropriate care and treatment to Zula Seaborn (“Decedent”). On October 4, 2018, Plaintiffs file...

Excerpt: ...MENT, LLC's motion to bifurcate is DENIED WITHOUT PREJUDICE. Moving Party to give Notice. Motion to Stay Proceedings On April 11, 2019, the Court initially heard this motion and continued it to today's hearing. The parties have not filed any documents related to this motion since April 11, 2019. Pursuant to CCP §128(a)(8), every court has the power to “control its process and orders so as to make them conform to law and justice.” (Id.) Indee...

Excerpt: ...idential property within a community known as Friendly Hills Estate, and that his home is managed by the Friendly Hills Estate Homeowner Association, Inc. (“FHEHA”). Plaintiff alleges that Defendant Kyu Baik Hwang also owns residential property within Friendly Hills Estate and is a member of FHEHA. On October 25, 2018, Plaintiff filed an Amendment to Complaint naming Defendant Seon Ik Hwang (“Defendant”) as a defendant in this matter. Pla...

Excerpt: ...d cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. (CCP 418.10.) Defendant's motion is untimely. Defendant should have filed her motion “before the last day of his or her time to plead,” which was in November 2007. Further, default judgment was entered against Defendant Hernandez on 2/27/09 and renew...

Excerpt: ...e to strike punitive damages pursuant to CCP §437. Second Amended Cross-Complaint (“SAXC”) Cross-Complainant Lodi Realty, L.P. (“Lodi”) alleges that Cross-Defendants Royal Color Graphic Design, Inc. (“Royal”) and Shahabian breached the lease and guaranty, and committed conversion and waste when they removed the “Must Remain Items” from the premises. Based on these facts, Lodi asserts causes of action for: 1. Breach of Lease (v. a...

Excerpt: ...H KUMAGAYA is ORDERED to pay Defendant NASSR and his counsel of record, sanctions in the total amount of $720.00 ($300/hr. x 2 hrs.) + ($120.00 costs) no later than 30 days from the Court's issuance of this Order. Defendant CHRISTEN OH KUMAGAYA is ORDERED to provide verified responses to Special Interrogatories (Set Four), without objection no later than 15 days from the Court's issuance of this Order. This date may be extended pursuant to agreem...

Excerpt: ...redes was a claimant. Maria[1] bases her demurrer on the fact that a judgment that has been entered in the family law court, over which the family court has retained jurisdiction. But a demurrer for another action pending will not lie when the prior action has already resulted in a judgment. "Where the first action is concluded by judgment or dismissal before the second action is commenced, the plea of another action pending is untenable. [Ci...

Excerpt: ... for terminating sanctions against Plaintiff HONG DANG is GRANTED. I. Defendant UU HORSE, INC.'s motion for terminating sanctions against Plaintiff THANH NGUYEN is GRANTED. I. Defendant UU HORSE, INC.'s motion for terminating sanctions against Plaintiff KHAI NGUYEN is GRANTED. Moving Party to give notice. No Opposition(s) filed as of April 12, 2019. Motion for Determination of Good Faith Settlement In determining the good faith of a settlement, t...

Excerpt: ...levant facts, as alleged, are as follows: “On or about 20 October 2015, Plaintiff went to SELLER's place of business to purchase a vehicle, and ended up purchasing a used 2013 TOYOTA CAMRY…. [¶] Prior to purchasing the VEHICLE, Plaintiff specifically asked SELLER if the VEHICLE had been in a prior accident, or had prior damage, or asked about the history of the vehicle. [¶] SELLER specifically stated to Plaintiff that the VEIHCLE had not be...

Excerpt: ...ANDEZ on December 18, 2017. The facts, as alleged in Plaintiff's operative pleading, are as follows: “Defendants VALENZUELA TRANSPORTATION… were the respective owners, drivers, employees, agents, partners, and/or joint ventures of a certain vehicle, consisting of a tractor coupled to and/or otherwise attached to a trailer.” (FAC ¶7.) “On or about January 12, 2016, [a] tractor-trailer was parked and positioned at [a] receiving dock, with ...

Excerpt: ...ANDEZ on December 18, 2017. The facts, as alleged in Plaintiff's operative pleading, are as follows: “Defendants VALENZUELA TRANSPORTATION… were the respective owners, drivers, employees, agents, partners, and/or joint ventures of a certain vehicle, consisting of a tractor coupled to and/or otherwise attached to a trailer.” (FAC ¶7.) “On or about January 12, 2016, [a] tractor-trailer was parked and positioned at [a] receiving dock, with ...

Excerpt: ...om his operation of a sugar cane juicer manufactured by VENCEDORA MAQTRON (“Maqtron”). Plaintiff's Complaint asserts the following causes of action: (1) Strict Products Liability; (2) Negligence; (3) Breach of Express Warranty; and (4) Breach of the Implied Warranty of Merchantability. In its Cross-Complaint, filed in October 2018, JC FOODSERVICE, INC. (“JC Foodservice”) alleges, in pertinent part, “The Complaint alleges that on July 7,...

Excerpt: ...8. The relevant facts, as alleged, are as follows: “This lawsuit arises out of an injury suffered by KWON resulting from an injection performed by Defendants, and SONG for loss of consortium. [¶] Plaintiffs seek to recover damages from a procedure involving an injection to Plaintiff's right ankle bringing about physical, mental, disfigurement and emotional injuries.” (SAC ¶¶9-10.) Plaintiffs allege that “Defendants injected a substance i...

Excerpt: ...medical malpractice was filed by Plaintiff MARY ANDRENETTA ANDERSON on July 25, 2018. The relevant facts, as alleged, are as follows: “On or about January 7, 2010, plaintiff was admitted to the hospital for surgery, which involved the amputation of both her legs beneath the knees. In the course of the treatment, the attending physician found it necessary to introduce and deploy a ‘caval filter placement' below plaintiff's ‘renal veins.'” ...

Excerpt: ...NTED. CCP §2033.280. Moving Party to give notice. Motion for Summary Judgment/Adjudication: This action for reformation was filed on May 16, 2018. Plaintiff alleges in pertinent part, “On or about September 22, 2005, the Leon Defendants encumbered the Property with a loan of $250,000.00 from American General Financial Services, Inc…. Plaintiff is the current holder of the Note and the record beneficiary of the Deed of Trust…. [¶] The lega...

Excerpt: ... 2016. The relevant facts, as alleged, are as follows: “In June of 2007, Plaintiff's Father, Robert G. Castanon, purchased real property…located at 11826 Loma Drive, Whittier, California, 90604….” (Complaint ¶5.) “On 04 December 2007, Robert G. Castanon recorded a Grant Deed…. The Grant Deed added Delia Castanon as a joint tenant.” (Complaint ¶9.) “Plaintiff occupies the PROPERTY as her sole residence. [¶] On 03 September 2011,...

Excerpt: ...position at a reasonable date and time to be determined by the moving party no later than 15 days from the Court's issuance of this Order. The date may be extended by agreement of the parties. Moving Party to give notice. On February 4, 2019, Plaintiff/Cross-Defendant PIH HEALTH HOSPITAL - WHITTIER (“PIH”) served a notice of deposition for Defendant/Cross- Complainant J.Y. PROCK's (“Prock”) deposition. The deposition was to take place on ...

Excerpt: ...st Defendants LEE, YU, FIELDS, and LEE AND FIELDS in the interests of judicial economy. A motion for severance asks the Court for separate trials on certain issues. Generally, the purpose of such motion is to avoid prejudice, promote convenience, or allow for economic and efficient handling of the case. (See CCP §1048(b).) It will not be conducive to judicial economy and efficiency to separate this case into two separate trials where CHOE's caus...

Excerpt: ...rbitrator; (iii) attached a copy of the award and the written opinion of the arbitrator; and (iv) is brought within four years after date of service of copy of award on petitioner. (See CCP §1285.) The Petitioner meets all the requirements of the statue. In Opposition, Respondent AMERICAN FINANCIAL NETWORK, INC. argues that confirmation of the default arbitration award should be denied because the <0097009000960003009100 009100900087009401ef>s c...

Excerpt: ...21, 2017, the Premises constituted a dangerous condition on public property which created a substantial and unreasonable risk of serious bodily harm when used by pedestrians with due care in a manner in which it was reasonably foreseeable that it would be used (crossing the street while walking on Pacific Blvd.[ ) ], and the condition was not reasonably apparent to, and would not be anticipated by, a reasonable person using the Premises with due ...

Excerpt: ...CP §430.10(e). II. Cross-Defendant Intervenor ALLIED WORLD SURPUS LINES INSURANCE COMPANY on behalf of itself and Cross-Defendant SECURITY PROTECTION SERVICES, INC.'s Motion to Strike Portions of Defendant/Cross-Complainant LYLE PARKS JR. CONSTRUCTION's Second Amended Cross-Complaint is MOOT. Moving Party to give Notice This personal injury action was filed by Plaintiff SIAKIMATIVA SIMETA on December 7, 2016. On January 25, 2019, Defendant/Cross...

Excerpt: ...dants”) demur to Southwest Remodeling, Inc.'s (“cross‐ complainant”) Third Cause of Action on the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain. UNCERTAINTY Demurrer on grounds of uncertainty will not be sustained unless the complaint is so bad that the defendant cannot reasonably respond. (Koury v. Maly's of California (1993) 14 Cal.App.4th 612, 616.) The Court finds the Third Cause of A...

Excerpt: ...ion subpoena for the deposition of Barbara C. Luna, CPA under CCP §1987.1, or alternatively for a protective order. Defendant argues that the subpoena fails to comply with the statutory requirements governing subpoenas that seek personal records of consumers; and that the subpoena seeks the deposition of Plaintiff's expert witness prematurely prior to the formal designation of expert witnesses in this matter. In Opposition, Plaintiff argues that...

Excerpt: ...) On or about February 26, 2016, Plaintiff entered into a sublease with Defendant ALL-WAYS PACIFIC, LLC. (FAC ¶17.) On or about March 1, 2016, Defendant ALL-WAYS PACIFIC, LLC took possession of the Subleased Premises, and sometime after taking possession, allegedly allowed Defendants US WAREHOUSE, INC.; MIZARI WEST ENTERPRISES, INC.; and MIZARI ENTERPRISES, INC. (collectively “Mizari”) to occupy a portion of the subleased premises. (FAC ¶¶...

Excerpt: ...UBER TECHNOLOGIES, INC.; and RASIER, LLC's Motion for Determination of Good Faith Settlement is GRANTED. CCP §877.6 Plaintiff to give Notice. Motion to Seal Defendants UBER TECHNOLOGIES, INC.; and RASIER, LLC's Motion for Determination of Good Faith Settlement “The court may order that a record be filed under seal only if it expressly finds facts that establish: [¶] (1) There exists an overriding interest that overcomes the right of public ac...

Excerpt: ...to Defendant VILLA ELENA CONVALESCENT HOSPITAL. CCP §581(f)(1).) Defendants to give Notice. On February 15, 2019, Defendants filed an ex parte motion to dismiss this action with prejudice pursuant to CCP §581(f)(2) for Plaintiff's failure to file a Third Amended Complaint within the time allowed in this Court's January 18, 2019 Order. In Opposition, Plaintiff argued that leave to amend should nonetheless be granted under CCP §473(b) due to Pla...

Excerpt: ...denominated “Fraudulent Concealment and Bankruptcy Fraud” and “Aiding and Abetting Conversion.” The SACC fails to allege facts sufficient to state a cause of action, and any cause of action would be time barred. Further, Schrager has had three opportunities to attempt to state a valid claim, and has failed to do so. Nor has Schrager set forth any additional facts that he would allege if leave to amend is granted. The Court concludes that ...

Excerpt: ... for Appointment of Discovery Referee: “When the parties do not consent, the court may, upon the written motion of any party, or of its own motion, appoint a referee in the following cases…. (5) When the court in any pending action determines that it is necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report findings and make a recommendati...

Excerpt: ...medical records is overbroad, will lead to the discovery of non- relevant information, and invades her right to privacy. In Opposition, Defendants argue that discovery of Plaintiff's prescribed medications are necessary where Plaintiff alleges that she was drugged by Defendant FRENCH. “What occurred during the appointment on January 6, 2016 is the central focus of this litigation…... [P]laintiff is seeking to block access to information regar...

Excerpt: ...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 pursuant to CCP §§1281.1 and 1281.4 m...

Excerpt: ...Code. Counsel are advised that their meet and confer efforts should go beyond merely sending letters stating their respective positions. (See Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) Counsel are ORDERED to make further efforts to resolve the issues presented. If, after exhausting those efforts, court intervention is needed, counsel may appear and argue the merits on the continued hearing date. If counsel are unable to informa...

Excerpt: ...30 days from the Court's issuance of this Order. Defendants MARIO R. LEON and BLANCA V. LEON (in pro per) are ORDERED to provide verified responses to Form Interrogatories (Set One), without objection no later than 15 days from the Court's issuance of this Order. This date may be extended pursuant to agreement of the parties. Moving Party to give Notice. No Opposition(s) filed as of February 28, 2019. If a party to whom interrogatories are direct...

Excerpt: .... All parties are ORDERED to appear for a Status Conference on Friday, February 28, 2020 at 8:30 a.m. in Dept. SE-F. Moving Party to give Notice. Pursuant to CCP §128(a)(3), every court has the power to provide for the orderly conduct of proceedings, including the power to stay discovery in a civil action pending outcome of a related criminal case. “Courts recognize the dilemma faced by a Defendant who must choose between defending the civil l...

Excerpt: ...aintiff TTF and Defendant Spectrum engaged in a commercial business relationship wherein they had an ongoing sales agreement in which Defendant Spectrum would purchase products from Plaintiff TTF, to wit, plastic bags. Said sales agreement continued on through March 14, 2013.” (TAC ¶5.) From November 2012 to March 2013, Defendant placed multiple orders with Plaintiff, allegedly amounting to $6,127,626.16 worth of product. (TAC ¶6.) Defendant'...

Excerpt: ...on of the depositions, which shall take place no later than 15 days from the date of the Court's issuance of this Order. The date may be extended by agreement of the parties. A party may obtain discovery by taking oral depositions. (CCP §2025.010.) CCP §2025.450, which governs motions to compel deposition, provides that “[i]f, after service of a deposition notice, a party to the action…without having served a valid objection under §2025.41...

Excerpt: ...a et al. No. (VC066907). Moving Party to give Notice. Untimely Opposition filed and served on February 13, 2019. Due by February 11, 2019. (CCP §1005(b).) Although Defendant's Opposition was untimely, it was reviewed and considered by the Court. Defendants move to consolidate Belman v. Garcia and Gallarzo Property Holdings, LLC, et al. No. VC065875, with Belman v. Garcia et al. No. VC066907. In Opposition, Plaintiff argues that Defendants' insta...

Excerpt: .... Plaintiff's FAC was filed on May 2, 2017. The relevant facts, as alleged, are as follows: “On May 13, 2016, the HR manager called Plaintiff into his office to tell him, ‘you are being released from his duties, Plaintiff asked why, ‘because Plaintiff asked the ex-employee Mary, ‘if she was straight' he also stated that' he found more witnesses that were present when Plaintiff asked ‘is she was straight.' Plaintiff replied to him where ...

Excerpt: ... October 11, 2017. The FAC, filed on September 7, 2018 alleges in pertinent part, “At all times herein mentioned, Defendant, RAJAN BAMOLA (‘BAMOLA'), was a resident of the County of Los Angeles, State of California. Defendant, BAMOLA, was at all material times, acting as the employee, agent, and representative of every other defendant. Upon information and belief, the Attacker subsequently deceased on November 7, 2017.” (FAC ¶3.) “On or ...

Excerpt: ...iff on April 26, 2018. On September 5, 2018, the subject First Amended Cross-Complaint was filed by Defendant/Cross-Complainant HERZOG/REYES, A JOINT VENTURE (“HRJV”) on September 5, 2018. HRJV's FAXC asserts the following causes of action: (1) Breach of Contract; and (2) Implied Contractual Indemnity. Defendant CITY OF LONG BEACH demurs to HRJV's second cause of action pursuant to CCP §430.10(e). Second Cause of Action – Implied Contractu...

Excerpt: ...dants' BANK OF HOPE and PARK's demurrer is DENIED. It is unclear to the Court how MICHAEL CHANG; TOP PRIORITIES CORPORATION; TZO HARVARD LLC; and MR. SOLOMON, LLC can join in the demurrer where not all Defendants are similarly situated. Moving Party to give Notice. This action was filed by Plaintiffs JAMAL DAWOOD; WHITE EAGLE PROPERTIES; MEDLINE MANAGEMENT CORPORATION; and FIRESTONE FINANCE CORPORATION on August 7, 2017. A First Amended Complaint...

Excerpt: ...mplaint is MOOT. Moving Party to give Notice This action for breach of contract was filed by Plaintiff PIH HEALTH HOSPITAL – WHITTIER on February 6, 2018. On September 12, 2018, Defendants/Cross- Complainants filed the subject Cross-Complaint. On October 19, 2018, a First Amended Cross-Complaint was filed (“FAXC”). The FAXC alleges in pertinent part, “Throughout November and December of 2017, staff employees of Cross- Defendant PIH HEALTH...

Excerpt: ...ability validity of the claim based on a preponderance of evidence. (CCP §§405.32m 405.31; Kirkeby v. Sup. Ct. (2004) 33 Cal.4th 642, 648.) The decision regarding the likelihood that a plaintiff will prevail, as to a motion to expunge, reflects trial courts' evaluations of the record, which appellate courts will review for substantial evidence, but they will reweigh moving and opposing parties' conflicting evidence or adjudge credibility of wit...

Excerpt: ... following Special Interrogatories:  SI No. 52. Do YOU contend that you followed all of HOME DEPOT's policies and procedures regarding the safe loading and/or unloading of merchandise and/or cargo from trailers at the SUBJECT DOCK that were in effect at the time of the INCIDENT?  SI No. 53. IDENTIFY all PERSONS with knowledge of YOUR contention that you followed all of HOME DEPOT's policies and procedures regarding the safe loading and/or u...

Excerpt: ... with 20 days leave to amend. CCP §430.10(f). Moving Party to give Notice Motion to Quash This personal injury/products liability action was filed by Plaintiffs on March 16, 2018. Plaintiffs' allege, in pertinent part: “On or about March 26, 2016, at or near the intersection of Garfield Ave., and El Paso in Southgate, County of Los Angeles, a two-vehicle motor vehicle collision occurred between a 2006 Mercedes driven by defendant BRYAN ROJAS a...

Excerpt: ...ny pleading”; or (2) to strike any pleading or part thereof “not drawn or filed in conformity with the laws of this state, a court rule or order of court.” (CCP §436.) The basis for punitive damages must be pled with specificity. Plaintiff must allege specific facts showing that Defendants' conduct was oppressive, fraudulent, or malicious. (Smith v. Superior Court (1992) Cal.App.4th 1033, 1041-1042.) The instant Motion to Strike seeks an o...

Excerpt: ...for Production of Business Records to Kaiser Permanente set for that same date. I. Defendants LOS BAGRES CORPORATION; GARCIA & GALLARZO PROPERTY HOLDINGS, LLC; and JUAN ERASMO GARCIA's Motion for Monetary Sanctions and Issue and Evidentiary Sanctions is GRANTED in part, and DENIED without prejudice in part. Moving Party(s) to give Notice. Plaintiff LORENA BELMAN and her counsel of record are ORDERED to pay Defendants LOS BAGRES CORPORATION; GARCI...

Excerpt: ...o a motion for summary judgment or summary adjudication or both that facts essential to justify opposition may exist but cannot, for reasons stated, then be presented, the court shall deny the motion or order a continuance to permit affidavits to be obtained or discovery to be had or may make any other order as may be just.” Thus, a continuance is essentially mandatory where the nonmoving party makes the requisite showing. The party need not sh...

Excerpt: ...t in Plaintiff's favor was entered on October 14, 2018. Consequently, pursuant to CCP §1032(a)(4), Plaintiff is deemed the prevailing party, and is entitled to attorney's fees pursuant CCP §1033.5(a)(10)(A). When assessing the amount of any attorney's fee award, courts typically determine what is reasonable through the application of the “lodestar” method. Under the lodestar method, a base amount is calculated from a compilation of (1) time...

Excerpt: ... JAMALI; MAHSA MAHMOUDI; ANAHITA MAHMOUDI; ASGHAR MAHMOUDI; ANNETTE IRIBARREN; and SOFFA ELECTRIC, INC.'s motion to strike portions of Cross- Complainant PAKZAD's Cross-Complaint is MOOT in part, and DENIED in part. CCP §436. Moving Party to give Notice. This breach of contract action was filed by Plaintiff LEED ELECTRIC, INC. on September 27, 2018. On October 29, 2018, Defendant/Cross-Defendant ALI PAKZAD individually, and on behalf of LEED ELE...

Excerpt: ...e. Responsive pleadings are to be filed in accordance with the rules of civil procedure. Defendant KENNETH SOLOMON seeks leave to file a Cross-Complaint against Plaintiff RAFIK Y. KAMELL for breach of contract. In Opposition, Plaintiff argues that Defendant's motion should be denied where: (1) Defendant was dilatory in waiting almost three months to bring this motion from the date of filing his Answer; and (2) Defendant shows bad faith, and is ba...

Excerpt: ...2, judgment was entered for Judgment Creditor National Collegiate Student Loan Trust in the amount of $27,048.38. On June 3, 2016, Judgment Creditor filed a writ of execution for the total judgment. Debtor filed a claim of exemption (enforcement of judgment) on grounds that he needs his money to survive. Debtor further argues that he was never served with the Summons and Complaint. Debtor explains, in his Declaration, that he lives with/helps his...

Excerpt: ...CCP §2030.290. I. Defendant TELECARE CORPORATION's unopposed motion to compel Plaintiff JUSTIN SHERMIN's responses to special interrogatories (set one) is GRANTED. CCP §2030.290. II. Defendant TELECARE CORPORATION's unopposed motion to compel Plaintiff CHASE SHERMAN's responses to special interrogatories (set one) is GRANTED. CCP §2030.290. III. Defendant TELECARE CORPORATION's unopposed motion to compel Plaintiff JUSTIN SHERMAN's responses an...

Excerpt: ...Responses to Request for Admissions is DENIED. Opposing Party to give Notice. “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests…. 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 ...

Excerpt: ...chase the subject real property. Defendant GEORGE CURTIS acted as Toft's attorney in fact, prior to Jacalyn Horton-Toft apparently taking over the role as her mother-in-law's attorney in fact. (To date, it appears the whereabouts of Defendant CURTIS is unknown, and neither party has been able to serve him.) Plaintiff alleges that he took possession of the Subject Property in July 2015, but that a grant deed was never recorded. Approximately 5 mon...