Excerpt: ...er, Katie, who died on 8/1/15 after ingesting narcotics at the Hard Summer Music Festival held at the Pomona Fairplex. The complaint was filed on 7/22/16. On 9/13/16, Staff Pro, Inc. (“Staff Pro”) filed its cross-complaint, asserting causes of action therein against Roes 1-50 for: 1. Comparative Indemnity (Apportionment of Fault) 2. Total Equitable Indemnity 3. Declaratory Relief 4. Contractual Indemnity On 9/24/16, City of Pomona (“City”...

Excerpt: ...ts Chapter 7 bankruptcy petition; on 9/1/16, Dispatch filed a “Notice of Stay of Proceedings.” On 11/8/16, a Declaratory Judgment was entered. On 11/28/16, plaintiff dismissed its second and fourth causes of action, with prejudice. On 9/21/17, Commodity Trucking Acquisition LLC (“CTA”) filed its Complaint in Intervention, asserting a cause of action therein for Declaratory Relief, The Second Amended Complaint, filed 10/10/17, asserts caus...

Excerpt: ...ng untimely [1] ; (2) Moving unclear [2] In this collection action the complaint, filed 2/20/04, asserts a cause of action against Defendants Hai Tran dba Seven Day Furniture Warehouse dba Five Day Furniture Warehouse (“Tran”) and Does 1-10 for: Common Counts. On 4/22/04, Tran's default was entered. On 5/27/04, a clerk's default judgment was filed. On 5/27/14, an “Acknowledgment of Assignment of Judgment” and “Notice of Renewal of Judgm...

Excerpt: ...Reply OK This action arises out of a partnership agreement between Plaintiff Nephrology Associates of Upland and Pomona (“NAUP”) and Defendant Hla Myint Maung Hwang, M.D. (“Maung”). NAUP is a general medical partnership, established pursuant to a partnership agreement dated November 2, 1986. Maung was accepted as a partner to NAUP in 2001. As part of Maung's partnership agreement, he promised that if he left the partnership he would not p...

Excerpt: ...8/1/15 after ingesting narcotics at the Hard Summer Music Festival held at the Pomona Fairplex. The complaint was filed on 7/22/16. On 9/13/16, Staff Pro, Inc. (“Staff Pro”) filed its cross-complaint, asserting causes of action therein against Roes 1-50 for: 1. Comparative Indemnity (Apportionment of Fault) 2. Total Equitable Indemnity 3. Declaratory Relief 4. Contractual Indemnity On 9/24/16, City of Pomona (“City”) filed its cross-compl...

Excerpt: ...ad in Claremont (“subject property”) since 7/1/93, when they entered into a one‐year lease of same from Defendant Lawrence Rhodes (“Larry”). Upon the expiration of the one‐year lease agreement, no new contract was entered into, and the lease converted into a month‐to‐month tenancy. Plaintiffs last had written contact with Larry on or around 11/13/05. On or around 11/5/10, a woman named Angela Brockus (“Brockus”) contacted plai...

Excerpt: ...ing plaintiffs' residential property located at 13241 Dart Street in Baldwin Park. The complaint, filed 11/6/17, asserts causes of action against Defendants Deutsche Bank National Trust Company, as Trustee for GSAA Home Equity Trust 2006‐17, Asset‐Backed Certificates, Series 2006‐17 and Litton Loan Servicing, LLC for: 1. 1. Wrongful Foreclosure 2. 2. Negligence 3. 3. Violation of Business & Professions Code § 17200 A Case Management Confer...

Excerpt: ...2/26/12 motor vehicle accident on State Route 71 in the City of Pomona (“subject accident”). The complaint was filed on 8/6/13. On 9/29/15, plaintiff filed an Amendment to Complaint, wherein she substituted WMX Logistics, Inc. (“WMX”) in for Doe 1. Case No. BC 524257: Plaintiff Virginia Antonio (“Antonio”) is suing for damages arising out of the subject accident. The complaint was filed on 10/10/13. The First Amended Complaint (“FAC...

Excerpt: ...et Enjoyment 4. Fraud 5. Nuisance 6. Negligent Infliction of Emotional Distress 7. Punitive Damages 8. Negligence On 4/4/17, the court sustained Rue Royale, LLC's and Jones' demurrer to the fourth and seventh causes of action without leave to amend. The Final Status Conference is set for 10/15/18. A jury trial is set for 10/23/18. Defendants Rue Royale LLC and Rose Jones (“defendants”) move the court, per CCP §§ 2030.290(c) and 2031.300(c),...

Excerpt: ...athy Jones Respondents: (1) Plaintiff Kathy Jones; (2) FCI Lender Services [1] and Defendants Maven Asset Management, Inc., Sandcastle Trustee Services, Kyla D. Sullivan, Sandcastle Trustee Services and Paul A. Torok; and DLI Properties, LLC POS: (1) Moving OK (Notice of Errata untimely served and filed); Opposing untimely served and filed; (2) Moving & FCI, et al.'s opposition OK; DLI Properties, LLC's opposition untimely filed This is a wrongfu...

Excerpt: ...eyac. The Complaint was filed on 8/2/07. The FAC was filed on 3/10/08. The SAC, filed on 7/10/08, asserts causes of action for: 1. Breach of Contract 2. Fraud 3. Specific Performance 4. Professional Negligence 5. Breach of Fiduciary Duty 6. Accounting On 10/3/08, Defendants Cimax Home Mortgage (“Cimax”)'s, Business Wizard, Inc. (“Business Wizard”)'s, Carlos Aguirre (“Aguirre”)'s and Carlos Flores Carillo (“Carillo”)'s defaults wer...

Excerpt: ...oreclosure action involving plaintiff's residential property located at 5512 Ridgeview Drive in La Verne. The complaint, filed 7/5/17, asserts causes of action for: 1. Violation of the Homeowners Bill of Rights 2. Intentional Misrepresentation 3. Injunctive Relief 4. Violation of California Penal Code § 115 5. Violation of UCC 8‐302 Non‐Bona Fide Purchaser On 8/7/17, Defendant Quality Loan Service Corporation filed its “Declaration of Nonm...

Excerpt: ...tum Meruit—Reasonable Value On 2/18/16, plaintiff filed a conditional Notice of Settlement of Entire Case. On 2/23/16, the parties filed a Stipulation for Conditional Entry of Judgment; that day, the Order for Entry of Stipulation for Conditional Entry of Judgment and Dismissal Pursuant to CCP § 664.6 was filed. Plaintiff American Express Centurion Bank (“plaintiff”) moves this court, per CCP § 664.6, for an order entering judgment agains...

Excerpt: ...ank, N.A. (“WF”) and requested that the trustee's sale on their existing loan with WF be postponed but that the property was sold. The complaint was filed 4/28/17. On 8/3/17, this matter was transferred from Department 91 (personal injury hub) to this instant department. The First Amended Complaint, filed 11/22/17, asserts causes of action for: 1. Fraud 2. False Misrepresentation 3. Breach of Contract 4. Gross Negligence A Trial Setting Confe...

Excerpt: ...nk, N.A. (“WF”) and requested that the trustee's sale on their existing loan with WF be postponed but that the property was sold. The complaint was filed 4/28/17. On 8/3/17, this matter was transferred from Department 91 (personal injury hub) to this instant department. The First Amended Complaint, filed 11/22/17, asserts causes of action for: 1. Fraud 2. False Misrepresentation 3. Breach of Contract 4. Gross Negligence A Trial Setting Confer...

Excerpt: ...its former employee, Defendant Gloria Chen aka Chen Chen aka Chun Chan (“Chen”), conspired with Defendant Alex Chang aka Tao-Ming Chang aka Yuan-Chia Chang (“Chang”) and Defendant Ideoparts to misappropriate its confidential and proprietary information and to defraud it out of hundreds of thousands of dollars. The complaint, filed on 3/4/16 against Defendants Chen, Chang, Ideoparts and DOES 1-50, asserts causes of action for: 1. Breach of...

Excerpt: ...bered by a promissory note secured by a deed of trust in favor of and for the benefit of Defendant Pacific Reverse Mortgage, Inc. fdba Financial Heritage (“Pacific”). Plaintiff claims that Pacific failed to endorse the note or assign either the note or the deed of trust to Financial Freedom Senior Funding Corporation, such that any title document recorded thereafter is nullified. The complaint, filed 11/8/17, asserts causes of action against ...

Excerpt: ...tor's area during a baseball game and landing on a pole protruding from the ground. The complaint was filed 5/11/17. The First Amended Complaint, filed 11/20/17, asserts a cause of action against Defendant City of Claremont (“City”) and Does 1-50 for: Dangerous Condition of Public Property. On 12/20/17, City filed its cross-complaint, asserting causes of action therein against Claremont Little League, Lexington Insurance Company and Roes 1-10...

Excerpt: ... priest, Father Christopher Cunningham (“Cunningham”), in 2001 and 2002, when he was 12 and 13 years of age. Plaintiff commenced this action on 5/7/15. On 6/30/15, this matter was transferred to our department from Department 91 (personal injury hub). The First Amended Complaint, filed on 8/21/15, asserts causes of action against Defendants Roman Catholic Archbishop of Los Angeles (“Archbishop”), St. Louise De Marillac Catholic Church (�...

Excerpt: ...action against Defendants Avoda Holding Company, Inc. dba Abacus <0015001300030049005200 55001d[ 1. Violation of Wholesale Sales Representative Contractual Relations Act A Final Status Conference is set for 3/9/17. Trial is set for 3/20/18. Defendants Avoda Holding Company, Inc. dba Abacus Powder Coating (“Abacus”) and Michael Davidoff (“Davidoff”) (collectively, “defendants”) move the court for an order, per CCP § 437c, granting the...

Excerpt: ...ith their home inspection fell below the standard of care and that defendants failed to recognize evidence of potential foundation defects. The complaint, filed 8/18/16, asserts causes of action against Defendants David Home Inspection Real Estate Services Group, Inc. (“David Homes”), Christopher Hutchens (“Hutchens”) and Does 1‐ 10 for: 1. Negligence 2. Breach of Contract 3. Statutory Violations/Negligence Per Se On 9/26/16, David Home...

Excerpt: ...Amended Complaint was filed 1/6/16. On 9/22/16, plaintiffs dismissed their sixth cause of action against Citrus Valley Medical Center and Citrus Valley Health Partners, Inc. (collectively, “The Citrus Defendants”). On 7/21/17, this matter was transferred from Department 91 (personal injury hub) to this instant department. On 9/13/17, the court elected to treat Defendants Kaiser Foundation Health Plan, Inc.'s, Kaiser Foundation Hospitals', Sou...

Excerpt: ...erty”) after he paid $10,000.00 and made all remaining monthly mortgage payments. Nava added plaintiff to the deed, and plaintiff made all mortgage payments from 10/2/07-6/14. During the time plaintiff was making payments, he obtained several loan modifications on the home with Nava's permission. On/around June 2014, Nava went to the lender, Defendant Ocwen Loan Servicing, LLC (“Ocwen”), and told Ocwen to stop accepting payments from plaint...

Excerpt: ...wrongful death action brought by the surviving spouse and children of the decedent against the doctors and hospital that provided medical care to the decedent. Plaintiffs commenced this action on 7/8/14. The Second Amended Complaint (“SAC”), filed on 9/28/15, asserts causes of action for: 1. Violation of Elder Abuse & Dependent Adult Civil Protection Act 2. Violation of Patient Bill of Rights 3. Wrongful Death On 6/22/17, plaintiffs filed an ...

Excerpt: ...The complaint was filed 6/26/17. The First Amended Complaint, filed 9/25/17, asserts causes of action against Defendants IRA Services, Inc., IRA Services Trust Company and Does 1-50 for: 1. Breach of Fiduciary Duty 2. Unfair Business Practices (Bus. & Prof. Code § 17200 et seq.) 3. Violation of Consumer Legal Remedies Act (Civil Code § 1750 et seq.) 4. Violation of the Racketeer Influence and Corrupt Organizations Act (18 U.S.C. § 1961, et seq...

Excerpt: ...operty”). Plaintiff alleges that Hsu has failed to pay it. The complaint, filed 5/19/16, asserts causes of action against Hsu for: 1. Breach of Written Contract 2. Breach of Oral Contract 3. Common Count for Work, Labor and Services Based on Reasonable Value 4. Account Stated 5. Open Book Account On 8/31/17, the judgment was entered in favor of plaintiff. On 9/18/17, plaintiff filed its “Notice of Entry of Judgment” and served same via mail...

Excerpt: ...children of the decedent against the doctors and hospital that provided medical care to the decedent. Plaintiffs commenced this action on 7/8/14. The Second Amended Complaint (“SAC”), filed on 9/28/15, asserts causes of action for: 1. Violation of Elder Abuse & Dependent Adult Civil Protection Act 2. Violation of Patient Bill of Rights 3. Wrongful Death On 6/22/17, plaintiffs filed an Amendment to Complaint, wherein Albert Paras, R.N. (“Par...

Excerpt: ...atory Relief—Breach of Governing Documents 3. Damages—Breach of Governing Documents 4. Abatement of Nuisance and Nuisance Per Se The Final Status Conference is set for 3/12/18. A jury trial is set for 3/20/18. Plaintiff Sierra Palms Homeowner's Association, Inc. (“plaintiff”) moves the court for an order to bifurcate the trial set for 3/20/18. Plaintiff is seeking injunctive and declaratory relief in this action relative to CC&R violation...

Excerpt: ...ortgage LLC and Does 1-10 for: 1. Violation of CA Civil Code § 2923.55 2. Violation of CA Civil Code § 2923.6 3. Violation of CA Civil Code § 2923.7 4. Negligence 5. Violation of Business & Professions Code § 17200 On 1/10/18, plaintiffs filed an “Amendment to Complaint,” wherein “Specializez [sic] Loan Servicing LLC” was named in lieu of Doe 1. A Case Management Conference is set for 2/22/18. Defendant Nationstar Mortgage LLC (“def...

Excerpt: ...Eisenhower Healthcare Center's petition to compel binding arbitration was heard. At that time, the court granted the petition as to the third and fifth causes of action, denied it as to the fourth cause of action and ordered the case stayed pending completion of arbitration. Despite the stay, the court elects to rule on the present motion. Should any party seek to oppose the motion, but did not file an opposition due to the order staying the acti...

Excerpt: ...ion brought by the surviving spouse and children of the decedent against the doctors and hospital that provided medical care to the decedent. Plaintiffs commenced this action on 7/8/14. The Second Amended Complaint (“SAC”), filed on 9/28/15, asserts causes of action for: 1. Violation of Elder Abuse & Dependent Adult Civil Protection Act 2. Violation of Patient Bill of Rights 3. Wrongful Death On 6/22/17, plaintiffs filed an Amendment to Compl...

Excerpt: ...risa Jones (“M. Jones”) and Does 1- 100 for: 1. Declaratory Relief 2. Ejectment On 11/7/16, M. Jones filed her First Amended Cross‐Complaint (“FACC”), asserting causes of action against plaintiff, All Persons Unknown, claiming any legal or equitable right, title, estate, lien or interest in the property described in the complaint, adverse to cross‐complainant's title or any cloud on cross‐complainant's title thereto and Does 1‐ 10...

Excerpt: ...) Moving OK; Joinder OK; Opposing OK; (2) Moving untimely per CCP § 1005(b); Opposing OK In this action for elder abuse and wrongful death, Plaintiffs allege that Plaintiffs' decedent was a resident at San Dimas Retirement Center, Inc., that she received hospice care at the facility by Ultimate Care Hospice, Inc. and Atul Aggarwal, M.D., and that Defendant abandoned and neglected the decedent. Plaintiff commenced this action on 12/4/13. The oper...

Excerpt: ... began a medical cannabis cultivation company (“company”) together. Plaintiff alleges that, during his four‐month incarceration in 2016, Cervantes began giving away company property to Defendant Sheila Vazin (“Vazin”), did not follow up on the assignment and assumption of the company's commercial lease agreement, accused plaintiff of forging signatures on her checks and stealing her identity, falsely obtained a restraining order against...

Excerpt: ...aintiff filed an amendment to complaint, wherein CVS Pharmacy, Inc. was named in lieu of Doe 1. On 12/15/16, Garfield Beach CVS, L.L.C. (erroneously sued as CVS Pharmacy, Inc.) (“CVS”) filed its cross-complaint for: 1. Express Indemnification 2. Equitable Indemnification 3. Equitable Contribution 4. Declaratory Relief On 2/27/17, plaintiff purported to file an amended complaint, without leave. On 3/10/17, this action was transferred from the ...

Excerpt: ...erda POS: (1) and (2) Moving OK; Opposing timely filed but not accompanied by proof of service Plaintiffs allege that defendants' failure to correctly diagnose and treat Rogelio De La Cerda resulted in his death. The complaint was filed 10/14/15. The First Amended Complaint was filed 1/6/16. On 9/22/16, plaintiffs dismissed their sixth cause of action against Citrus Valley Medical Center and Citrus Valley Health Partners, Inc. (collectively, “T...

Excerpt: ...omplaint, filed 12/1/17, asserts causes of action against Defendants Seterus, Inc.; Ocwen Loan Servicing, LLC; Federal National Mortgage Association; All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiffs' Title, or Any Cloud on Plaintiffs' Title Thereto and Does 1-1000 for: 1. Breach of Contract 2. Cancellation of Instruments 3. Violation of Ci...

Excerpt: ... Amended Complaint, filed on 5/25/17, asserts causes of action against Defendant Maria Felix Briceno (“Briceno”) and Does 1-10 for: 1. Breach of Written Contract 2. Common Counts 3. Libel Per Se—Defamation 4. Intentional Infliction of Emotional Distress On 7/3/17, plaintiff dismissed her third cause of action, without prejudice. On 8/1/17, plaintiff dismissed her fourth cause of action, without prejudice. On 8/30/17, Briceno filed her cross...

Excerpt: ... served by regular mail contrary to CCP § 1005(c); (2) Moving OK; Opposing OK; Reply OK This is a personal injury and loss of consortium action filed by Plaintiffs arising out of propane fire at a 76 gas station. The Complaint alleges that on October 1, 2011, Plaintiff Felipe Mireles went to a 76 gas station to have a propane tank filled and sustained personal injuries caused by a propane fire. Plaintiffs allege that at the time of the incident,...

Excerpt: ... Power Drain Cleaner,” which he rented from Home Depot. The complaint was filed on 8/6/15. The First Amended Complaint was filed on 9/17/15. The Second Amended Complaint, filed on 1/11/16, asserts causes of action against Defendants Home Depot U.A.S., Inc., GWSC, Salvador C. and Does 1-10 for: 1. Product Liability—Strict Liability 2. Product Liability—Negligence 3. Product Liability—Warranty 4. Product Liability—Misrepresentation On 4/1...

Excerpt: ...s LLC”), Cecilia S. Ornelas (“Ornelas”), All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiff's Title, or Any Cloud Upon Plaintiff's Title Thereto and Does 1-100 for: 1. Breach of Fiduciary Duty 2. Constructive Fraud 3. Fraud 4. Reformation of Grant Deed/Quiet Title 5. Negligence 6. Fraudulent Conveyance On 10/30/17, Rodriguez's and Ornel...

Excerpt: ...d medical leave. The complaint, filed 1/13/17, asserts causes of action against Defendants Southern California Permanente Medical Group, Inc., Kaiser Foundation Hospitals (“KFH”), Kaiser Foundation Health Plan, Inc. (“KFHPI”), Permanente Medical Groups (“PMG”) and Does 1-100 for: 1. Race Harassment, Discrimination and Retaliation in Employment [Gov't Code §§ 12940 and 12941 et seq.]; 2. Disability Harassment, Discrimination and Reta...

Excerpt: ...as ordered transferred from the personal injury hub to this department on 11/7/17. The CRS records indicate that on 11/15/17 the demurrer/motion to strike was subsequently re-reserved for a 1/31/18 hearing date under reservation ID#171115267407. There is no indication in the file, however, that notice of this new hearing date was provided.) Plaintiff alleges that defendants extracted the wrong tooth. The complaint was filed 4/21/17. On 8/21/17, D...

Excerpt: ...hat defendants failed to properly apply a 2008 payment to their home loan, which led to foreclosure proceedings. The complaint was filed 6/12/17. The First Amended Complaint, filed 9/14/17, asserts causes of action against Defendants Bank of America, N.A., Bank of America, N.A., as successor to Countrywide Home Loans, Inc., Specialized Loan Servicing, LLC, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders...

Excerpt: ...mont College and Claremont University Center (“CGU”) granted to Plaintiff Southern California School of Theology dba Claremont School of Theology (“CST”) certain property (i.e., “Parcels 1 and 2”) via a grant deed recorded 6/5/57. The 1957 deed contains a restriction on CST's freedom to sell Parcels 1 and 2. CGU and CST also entered into an agreement dated 6/5/57, which is referenced in the 1957 deed. In/around August 2015, CST inform...

Excerpt: ...e that defendants failed to accurately disclose the subject property's boundary line. The complaint was filed 1/30/17. The operative First Amended Complaint, filed 7/28/17, asserts causes of action against Defendants Herbert Schmidt, Waltraudt B. Schmidt, Anthony De La Vara, Sophia De La Vara, Rockpointe Realty Group, Inc. dba Coldwell Banker Alliance Realty and Does 1-20 for: 1. Breach of Contract 2. General Negligence 3. Fraud 4. Rescission 5. ...

Excerpt: ...laintiff alleges that, during the period from 8/15-12/16, he made loans to Richard John <0051004400510047004800 0044005100470048005d[”) and Andrew Ernie Quezada aka Andrew Quezada (“Quezada”) which they would lend out to third parties as part of their business making and arranging loans for third party borrowers. Plaintiff alleges that Hernandez has defaulted on promissory notes. Plaintiff alleges that defendants failed to disclose, inter a...

Excerpt: ...d Shumaker v. Shumaker, Case No. FAMRS1400913. The complaint was filed 8/17/17. The First Amended Complaint, filed 10/16/17, asserts causes of action against C.S. Scarcella & Associates, Christopher Scarcella and Does 1-100 for: 1. Legal Malpractice 2. Breach of Fiduciary Duty A Case Management Conference is set for 1/8/18. Defendants C.S. Scarcella & Associates and Christopher Scarcella (“defendants”) demur to the first and second causes of ...

Excerpt: ...onable Value On 6/9/17, Defendant Hong Dai aka William Dai's (“Dai”) default was entered; that day, Defendant Doer Chemical Machinery Inc. was dismissed, without prejudice. On 8/11/17, the court's default judgment was entered. Defendant Hong Dai aka William Dai moves the court, per CCP § 473, for an order setting aside the default and judgment thereon taken against him on the basis of mistake, inadvertence and excusable neglect. “The court...

Excerpt: ...liam Row dba Brian Row's Flooring (“defendant”), <00480003000b0014000c00 00510057004b00480055[ NCE Propane Power ride on, 10-5625N (“personal property”) for defendant. Defendant, in turn, executed a guaranty and granted plaintiff a security interest in all goods, inventory, equipment, accounts, accounts receivable, investment property, securities, fixtures and other property in which defendant had or would have an interest. Plaintiff alle...