Excerpt: ...tended outside of their locked gate. After the theft, Plaintiff reported the incident to Defendant's insurer, Defendant Travelers Casualty Insurance Company of America. Travelers eventually offered Plaintiff $129,165.73 to resolve the claim, which Plaintiff accepted on January 5, 2023. Defendant mailed the check and Plaintiff cashed it. However, Plaintiff alleges the Travelers then issued a stop payment on the check and withdrew the funds from Pl...

Excerpt: ... professional negligence. Plaintiff alleges that Defendant incorrectly diagnosed him with schizophrenia and deemed him incompetent to represent himself in immigration proceedings. Plaintiff has also filed a related case (22VECV01309) against Defendant Tehrani in which he alleges that Defendant defamed him by filing a police report following a death threat phone call that allegedly came from Plaintiff. Defendant now moves for an order (1) declarin...

Excerpt: .... Plaintiff now moves under Code of Civil Procedure section 473 to set this court's prior ruling that Plaintiff cannot pursue or claim any non-economic damages and/or medical economic damages in this case. (See November 23, 2022, Minute Order.) Defendant opposed. TENTATIVE RULING: Plaintiff's motion for relief under CCP Section 473(b) is CONDITIONALLY GRANTED. In lieu of the previous order of “issue sanctions,” monetary sanctions are awarded ...

Excerpt: ...or Code. Plaintiffs also brought a cause of Action for civil penalties under the Private Attorneys General Act. The matter proceeded to a bench trial from January 17, 2023, to January 19, 2023. Thereafter, this court entered judgment in Plaintiffs' favor. Plaintiffs now move for an award of attorney's fees. Defendant opposes. TENTATIVE RULING: Plaintiffs' Motion for Attorney's Fees is GRANTED in part, as modified herein. Plaintiffs are awarded th...

Excerpt: ...operty at 5468 Baldwin Ave, Temple City, CA. Plaintiff alleges after purchasing the house in April 2021, Defendant Chan recommended her husband, Robert Chan and his company West Los Angeles Specialized Construction Group, Inc., as a licensed general contractor to renovate the house. Plaintiff alleges Defendants Robert Chan and Yalin Chan falsely represented that there was no need to obtain building permits from Temple City because there was an ex...

Excerpt: ...hibited serious defects and nonconformities to warranty, including engine and electrical defects. Plaintiffs bring this action against Ford Motor Company for (1) Violation of Song-Beverly Act – Breach of Express Warranty, (2) Violation of Song-Beverly Act – Breach of Implied Warranty, and (3) Violation of Song-Beverly Act § 1793.2. Defendant Ford now moves for summary judgment, or in the alternative, summary adjudication. Plaintiffs opposed....

Excerpt: ..., Defendant Cleon J. Lawson, took advantage of her mental state following the divorce and persuaded Plaintiff to add him to the title, on the condition that the property be shared with his other siblings. Thus, in 1988, Plaintiff conveyed the title to Defendant in joint tenancy. In 2002, Plaintiff conveyed the property to her heirs, including Defendant, without objection from Defendant. However, Defendant now claims sole ownership of the property...

Excerpt: ... the U.S. Embassy in Liberia. (SAC ¶ 16.) In September 2019, Plaintiff alleges it contracted with Defendants to provide the canopy panels for the Embassy, to be shipped within 45 days. (Id. ¶ 18.) Plaintiff further alleges Defendants have failed to ship or provide the goods as agreed and have not issued a refund. (Id. ¶ 29.) Plaintiff brings eight causes of action against Defendants for: (1) Breach of Contract, (2) Promissory Estoppel, (3) Con...

Excerpt: ...anted a Deed of Trust to Downey Savings and Loan Association to secure an obligation which had the principal sum of $500,000.00. Later, Plaintiff granted a second Deed of Trust to National City Bank to secure an obligation which had the principal sum of $80,000.00. On June 2, 2008, Plaintiff alleges she entered into a modification agreement with Downey which she believed merged the National and Downey obligations into one loan. Plaintiff did not ...

Excerpt: ... action. Plaintiff alleges Defendant has used and continues to use the Doja trademark to sell products in the marketplace. Plaintiff asserts causes of action for (1) trademark infringement, (2) palming off, (3) violation of Business and Professions Code section 17200, (4) violation of California's False Advertising Law, and (5) declaratory and injunctive relief. Defendant Bartholomew has filed a Cross-Complaint against Zaftig and its owner, Brett...

Excerpt: ...perty from Defendant AmGuard. A fire in June 2017 damaged the property. During the adjustment of the insurance claim, it was revealed that the insurance policy on the property did not provide sufficient coverage to repair the structure in full. The First Amended Complaint asserts a single cause of action for negligence against AmGuard and Inszone for their failure to adequately insure the property. Defendant Amguard Insurance Company now moves fo...

Excerpt: ...horay, for the premises at 11577 Mississippi Ave., Los Angeles, CA. Plaintiffs allege the premises suffers from water leaks and now contains high levels of mold, confirmed by testing. Despite notifying Defendants of the issues, Defendants failed to effectively remedy the mold. Defendant Babak Nehoray now demurrers to each cause of action in the Complaint. Defendant also moves to strike punitive damages therein. Plaintiffs opposed both motions. TE...

Excerpt: ...o insure his vehicle. When Plaintiff's vehicle was allegedly vandalized, Plaintiff alleges Defendant treated his claim under the policy in bad faith. Before denying his claim, Plaintiff alleges Defendant demanded inspection of his vehicle and then failed to return it. Defendants ultimately denied Plaintiff's claim. Plaintiff attributes his alleged treatment, in part, to the fact that he is Muslim and has “roots…from the Middle East.” Plaint...

Excerpt: ...felia Pastor STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a breach of habitability case. Plaintiffs Adela Pastor; Reynaldo Pastor; Ofelia Pastor; Karla Rodriguez Pastor, a minor by and through her guardian ad litum Adela Pastor; and Edward Ezequiel Pastor, a minor by and through his guardian ad litum Ofelia Pastor, resided as tenants at a property owned by Defendants 667 S. Carondelet St. LLC and Statewide Enterprises, Inc. Plaintiffs ...

Excerpt: ...Plaintiff reported these injuries to her supervisors, who failed to accommodate her and allegedly retaliated against her for attempting to take time off to treat her injuries. Defendant eventually terminated Plaintiff. Plaintiff alleges her termination was due to her perceived disabilities and/or disabilities, medical condition and medical leave. Defendant now moves to compel Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plai...

Excerpt: ...Israel Congregation, Inc (“AIC”). Plaintiffs allege that Defendants have misused AIC's assets, by among other things, gifting property to Defendant J.E.T.S. Synagogue. Plaintiffs bring this action for (1) rescission of lease, (2) rescission of deed, (3) money had and received, (4) conversion, (5) breach of fiduciary duty, and (6) unjust enrichment. Defendant JETS Synagogue now moves for summary judgment, or in the alternative, summary adjudic...

Excerpt: ... subject vehicle exhibited electrical, software, and safety system defects, among other things. Defendant now moves for an order compelling Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defendant's Motion to Compel Arbitration is DENIED. Plaintiff to give notice. DISCUSSION: Motion to Compel Arbitration 1. Judicial Notice Pursuant to Defendant's Request, the court takes judicial notice of ...

Excerpt: ...ia, Luz Becerra, Jose Flores, M.Q.C.T., a minor, by and through David Chavez, guardian ad litem, I.M., a minor, by and through Jessenia Mancia, guardian ad litem, E.M., a minor, by and through Jessenia Mancia, guardian ad litem, R.P., a minor, by and through Carla Ponce, guardian ad litem, D.P., a minor, by and through Carla Ponce, guardian ad litem, E.C.G., a minor, by and through Belen Cid-Garcia, guardian ad litem, and A.F.F.B., a minor, by an...

Excerpt: ... Defendant Keyes Hyundai of Van Nuys, manufactured by Defendant Hyundai Motor America. Plaintiffs sued Defendant manufacturer for (1) violation of Song-Beverly Act – breach of express warranty, (2) violation of Song-Beverly Act – breach of implied warranty, and (3) violation of Song- Beverly Section 1793.2. Plaintiffs also sued the dealer for (4) negligent repair. On November 23, 2022, this court granted Defendants' motion to compel the matte...

Excerpt: ... North America, LLC. Plaintiff alleges he worked for Defendants as an account manager. On June 6, 2021, Plaintiff broke his femur. The injury prevented him from performing duties as a salesman such as driving, standing for prolonged periods, and sitting. This forced Plaintiff to take a leave of absence. Plaintiff also alleges that he raised safety concerns regarding Defendants' equipment, and concerns that Defendants' were making misrepresentatio...

Excerpt: ...sed on their website. Plaintiff brings causes of action for (1) fraud, (2) negligent misrepresentation, (3) violation of Business & Professions Code section 17500 et seq., (4) violations of Business and Professions Code section 17200 et seq., (5) negligence, and (6) breach of contract. Defendant ERLA Construction, Inc., now moves to compel Plaintiff to arbitrate the dispute pursuant to CCP § 1281 et seq. Plaintiff opposed. TENTATIVE RULING: Defe...

Excerpt: ... action against Defendants HRB Tax Group, Inc. and HRB Digital, LLC (collectively, “Block”). Plaintiff alleges that in the early 2000s, a consortium of electronic tax preparation companies (the “Free File Alliance”), including Block, agreed with the Internal Revenue Service to begin offering free filing software to taxpayers. In exchange, the IRS agreed not to offer its own free filing software. Plaintiff alleges that in recent years, Blo...

Excerpt: ...nty Act. Plaintiff alleged his 2020 Ford Explorer failed an unreasonable amount of times, did not function properly, and was not safe or reliable. On January 11, 2023, Plaintiff dismissed the action with prejudice pursuant to a settlement of the case. Plaintiff now moves for an order enforcing the parties' settlement agreement pursuant to CCP § 664.6. Defendant opposed. TENTATIVE RULING: Plaintiff's Motion to Enforce Settlement Agreement is DENI...

Excerpt: ...he scope of the easement by, among other things, installing a gate, masonry, and removing a paved road. Plaintiff's First Amended Complaint asserts causes of action for (1) quiet title, (2) trespass to land, (3) conversion, and (4) declaratory relief. Defendant Barron filed a Second Amended Cross-Complaint against Bentson for (1) declaratory relief, (2) quiet title by prescriptive easement, and (3) quiet title by equitable easement. On December 1...

Excerpt: ... a written lease agreement with Defendants Prime/Park La Brea Titleholder LLC (as property owner) and Park La Brea Management (as property manager) to rent the Subject Property. Plaintiff resided at the Subject Property with Plaintiff Loren Vallin-Flores and his minor child, Plaintiff Elijah Dragotta. Plaintiffs allege the Subject Property contained various defects and damage from a flood. Defendants allegedly failed to remedy the damage to the p...