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2024.04.24 Motion to Compel Further Responses 843
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.24
Excerpt: ...ts and has not been repaired after a reasonable number of attempts. On September 14, 2023, Plaintiffs filed a complaint, asserting causes of action against American Honda Motor Co., Inc. (“AHM”), Turn 2 AG LLC dba Honda World Downey and Does 1 -10 for: 1. Violation of Song -Beverly Act —Breach of Express Warranty 2. Violation of Song-Beverly Act —Breach of Implied Warranty 3. Violation of the Song-Beverly Act Section 1793.2 4. Negligent R...
2024.04.24 Motion for Reconsideration 519
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.24
Excerpt: ...ervice set for that day; as such, the court continued the CMC and set an Order to Show Cause Re: Why t he Matter Should Not be Dismissed for Failure to Prosecute for January 31, 2024. On January 31, 2024, the court ordered Plaintiff's complaint dismissed, without prejudice, after Plaintiff's counsel failed to appear at the hearing. Legal Standard “When an application for an order has been made to a judge, or to a court, and refused in whole or ...
2024.04.22 Motion to Stay Enforcement of Judgment 408
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.22
Excerpt: ...2022, the court denied the First Petition without prejudice. On March 24, 2023, Petitioner filed an “Amended Petition to Confirm Contractual Arbitration Award” (“Amended Petition”). On September 18, 2023, the court granted the Amended Petition. On November 16, 2023, Respondent filed a “Notice of Appeal” of the court's September 18, 2023 order. On November 30, 2023, judgment was entered. On December 4, 2023, Petitioner filed (and mail ...
2024.04.22 Demurrers 533
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.22
Excerpt: ...f Irlanda De La Cruz (“Plaintiff”) filed a complaint, asserting a cause of action against Pomona Valley Hospital Medical Center (“PVHMC”), Shahrukh Mohsin, M.D. (“Mohsin”), Sivaprasad Mul langi, M.D. (“Mullangi”), Hsin-Chen Liu, D.O. (“Liu”), Nadie A. Elatahir, M.D., Yu -Kai Su, M.D., Hamidreza Torshizy, M.D., Yanie Zhao, M.D., Jennifer Lynn McGinley, M.D., Heather Davis, M.D., Autar K. Wall, M.D., George Moran, M.D., Sudir Ku...
2024.04.18 Demurrer 165
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.18
Excerpt: ... an offer of proof if so. Background Plaintiff Flossie C. Parungao (“Plaintiff”) alleges as follows: Plaintiff and Wilfred T. Co aka Winnifredo T. Co (“Co”) are siblings. In June 2004, Plaintiff located and negotiated the purchase of the property located at 302 S. Loraine Ave., Glendora, California 91741 (“Property”) to serve as her residence. Co offered to assist Plaintiff with the purchase of the subject property. Plaintiff and Co a...
2024.04.16 Motion for Summary Judgment, to Bifurcate 798
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.16
Excerpt: ...ictoria and Defendant Andrea Salazar (“Andrea”) worked at a BJ's Restaurant. On February 16, 2019, Andrea was babysitting Victoria's 4 -year -old son Ethan when, without Victoria's knowledge, Andrea took Etha n to a party at a house owned by her brother, Defendant Adrian Salazar (“Adrian”), and Adrian's wife, Defendant Reina Guevara (“Guevara”). At the party, Ethan “impacted” a sliding glass door, which shattered into large, jagge...
2024.04.11 Application for Right to Attach Order and for Issuance of Writ of Attachment 590
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.11
Excerpt: ...but still owes Plaintiff $100,465.58. On August 24, 2023, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1 - 10 for: 1. Breach of Written Agreement 2. Goods Sold and Delivered 3. Account Stated 4. Unjust Enrichment A Case Management Conference is set for April 11, 2024. Discussion Plaintiff applies for a right to attach order and writ of attachment against Defendant. The amount to be secured by the attachment i...
2024.04.09 Motion to Quash Deposition Subpoena 071
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.09
Excerpt: ...enied. 2. Cross- Complainant Maryam Rouillard's Motion to Quash and/or Limit Deposition Subpoena to JP Morgan Chase Bank for Production of Business Records is GRANTED in part [i.e., as to Categories Nos. 19 -24] and otherwise DENIED. Rouillard's alternate r equest to limit the deposition subpoena is GRANTED in part [i.e., as to Categories Nos. 6 -16], DENIED in part [i.e., as to Categories Nos. 17 and 18] and is otherwise DENIED as MOOT [see belo...
2024.04.09 Motion to Enter Default 427
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.09
Excerpt: ...�Meixi”). A t the time Meixi was born and to date, F. Li was and has been married to another woman. On July 27, 2012, F. Li purchased and gifted the subject property to Liu to help Liu since she was raising Meixi by herself. Prior to and upon closing of the escrow of the subject property, F. Li told Liu that he had purchased the subject property for her and was giving it to her. F. Li told Liu he would transfer title to the subject property at ...
2024.04.09 Motion to Compel Further Responses 687
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.09
Excerpt: ... 18PSCV00026 Plaintiff Meritage Homes of California, Inc. (“Meritage”) alleges as follows: Michael Barker International Inc. fka RBF Consulting (“MBI”) failed to properly perform engineering services in connection with the development of the Creekside residential subdivision in La Verne, California (“Creekside”). On October 12, 2018, Plaintiff filed a First Amended Complaint, asserting causes of action against MBI and Does 1-200 for: ...
2024.04.04 Application for Right to Attach Order, for Issuance of Writ of Attachment 247
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.04
Excerpt: ...y failing to make payment due. On October 20, 2023, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1 - 20 for: 1. Breach of Agreement 2. Breach of Agreement 3. Breach of Agreement 4. Breach of Agreement 5. Reasonable Value 6. Account Stated 7. Open Book Account 8. Unjust Enrichment A Case Management Conference is set for April 4, 2024. Discussion Plaintiff applies for a right to attach order and writ of attachm...
2024.04.04 Demurrer 472
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.04
Excerpt: ...r 8, 2023, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1- 10 for: 1. Negligent Child Abuse A Case Management Conference is set for April 4, 2024. Legal Standard A demurrer may be made on the grounds that the pleading, inter alia, does not state facts sufficient to constitute a cause of action and/or is uncertain. (Code Civ. Proc., § 430.10, subds. (e) and (f).) A demurrer may also be made on the basis that...
2024.04.04 Demurrer, Motion to Strike 015
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.04
Excerpt: ...ike Portions of the Complaint is DENIED as MOOT. Background Plaintiff Ruben Olague (“Plaintiff”) alleges as follows: Plaintiff is a dependent adult. Plaintiff was a resident at Inland Valley Care and Rehabilitation Center in Pomona, from in or about May 2023 through July 2023. Plaintiff developed severe pressure sores as a result of deficiencies in care. On January 2, 2024, Plaintiff filed a complaint, asserting causes of action against Inlan...
2024.04.04 Motion for Judgment on the Pleadings 143
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.04
Excerpt: ... The RISC was subsequently assigned to Automotive Credit Corporation (“ACC”). Right after purchasing the subject vehicle, Plaintiffs realized that the subject vehicle's transmission was defective. Plaintiffs took the subject vehicle in for repairs and learned they would cost $5,000.00. Sus Amigos refused to repair the subject vehicle. On February 14, 2022, Plaintiffs filed a complaint, asserting causes of action against Sus Amigos, ACC, Ameri...
2024.04.04 Motion to Set Aside Default 975
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.04.04
Excerpt: ...aintiff paid Defendant's rent from approximately October 2017 to November 2022, in large part to ensure Victoria would not be homeless. Throughout the years Plaintiff and Defendant had numerous discussions about establ ishing a trust for Victoria's exclusive benefit. After Plaintiff and Defendant ended their relationship, Plaintiff made four transfers to Defendant in November and December 2022 totaling $350,000.00, with the mutual understanding a...
2024.03.29 Motion for Cost of Proof Sanctions 626
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.29
Excerpt: ...-proof” sanctions/attorney's fees based on D having denied or objected to several Requests for Admission (“RFA's”) regarding causation and damages. ANALYSIS A. Plaintiff's Motion for Attorney's Fees/Cost of Proof Sanctions P seeks “cost of proof” sanctions/attorney's fees and costs per CCP § 2033.420 based on D's failure to admit certain RFA's regarding D's admitted negligence causing P physical harm. D asserts that the motion should b...
2024.03.28 Motion to Compel Deposition, for Sanctions 368
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.28
Excerpt: ...d battered on July 26, 2022 by another minor while at daycare. On February 7, 2023, John Roe filed a complaint, asserting a cause of action against Kindercare Learning Centers LLC, Margue Zarate (together, “Defendants”) and Does 1-100 for: 1. Negligence On March 15, 2024, the court related Case Nos. 23PSCV00368 and 24PSCV00641; Case No. 23PSCV00368 was designated as the lead case. The Final Status Conference is set for March 28, 2024. Trial i...
2024.03.27 Motion to Stay Discovery 797
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.27
Excerpt: ...lege as follows: Plaintiffs are the parents of Evelin Guadalupe Salas Melgoza (“Evelin”), who died in an April 27, 2022 motor vehicle collision on the I -10 eastbound freeway. On June 15, 2023, Plaintiffs filed a complaint, asserting causes of action against Defendants Noe Leonel Manzanarez (“Manzanarez”), Luz Hernandez (“Hernandez”) and Dos 1 -50 for: 1. Negligence 2. Negligent Entrustment 3. Negligence A Case Management Conference i...
2024.03.26 Motion to Compel Further Responses 942
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.26
Excerpt: ...as follows: On June 28, 2020, Plaintiff purchased a 2020 Honda CR -V, VIN No. 2HKRW1H55LH410957 (“subject vehicle”). Plaintiff alleges that the subject vehicle suffers from various defects and that the subject vehicle has not been repaired after a reasonable number of attempts. On September 25, 2023, Plaintiff filed a complaint, asserting causes of action against American Honda Motor Co., Inc. and Does 1 -10 for: 1. Violation of Song -Beverly...
2024.03.20 Application for Default Judgment 900
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.20
Excerpt: ...ed -use construction project called “Lumia Azusa II” in Azusa, California (the “Lumia Project”). On or about August 31, 2022, Sahara informed Heavy Metal that its rebar supplier could not supply further rebar in a timely manner. Heavy Metal offered to take over supplying the rebar needed for the Lumia Project at a price of 76 cents per pound including delivery, plus sales tax. Sahara agreed, so Heavy Metal ordered rebar from InteRebar Fab...
2024.03.14 Motion to Enforce Settlement 897
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.14
Excerpt: ...fornia (“Premises”) to Lessee for the term from June 1, 2019 through July 31, 2024. In connection with the Lease, Plaintiff and Ginny Lin (“Guarantor”) entered into a Guaranty of Lease. Lessee failed to pay rent and other charges and abandoned the Premises. Guarantor has defaulted under the terms of the Guaranty of Lease. On November 3, 2021, Plaintiff filed a complaint, asserting causes of action against Lessee, Guarantor (together, “D...
2024.03.14 Motion for Leave to Intervene 002
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.14
Excerpt: ...ance Company filed a “Notice of Right to Lien.” A Case Management Conference is set for March 14, 2024. Legal Standard “A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application. The petition shall include a copy of the proposed complaint in intervention or answer in intervention and set forth the grounds upon which intervention r ests.” (Code Civ. Proc., § 387, subd. (c).) “The court shall, u...
2024.03.14 Motion for Judgment on the Pleadings 430
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.14
Excerpt: ...ospitality, Inc. (“ Gordes”), through Ganyu Huang aka Gary Huang ( “Huang”), and Shamloo, with Abhari serving as a silent partner, entered into an “ Asset Purchase Agreement ” and a “ Security Agreement ” with Gordes for the transfer of ownership of Hamilton 's Steakhouse ( “Hamilton ”) from Gordes, as seller, to Plaintiffs, as buyers. On June 18, 2020, LVGEM Hotel Corporation ( “ LVGEM”), through Huang, and Shamloo, with ...
2024.03.12 Demurrer 598
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.12
Excerpt: ... in Section A, Row 13, Grave 1 at 2161 Fullerton Rd., Rowland Heights, CA 91748 (“subject premises”). On November 15, 2020, Plaintiffs visited William's burial site and noticed that his headstone was no longer there and was replaced with a headstone belonging to someone else. Plaintiffs learned that William's burial site was disinterred and his remains were relocated to an adjacent burial site without Plaintiffs' knowledge and/or consent. On ...
2024.03.11 Motion to Compel Further Responses, for Sanctions 609
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.11
Excerpt: ...e within 30 days of the date of the hearing. 2. Plaintiff, B.R. Building Resources Company's Motion to Compel Further Responses to Request for Production, Set 1, Propounded on Defendant Lawrence Feigen is GRANTED. Feigen is to provide further, Code -compliant responses to Requests Nos. 1 -11, 1 3, 16- 31 and 33 -41, as well as a supplemental privilege log, within 20 days from the date of the notice of ruling. Sanctions are awarded in the reduced ...
2024.03.08 Demurrer 868
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.08
Excerpt: ... alleges as follows: Plaintiff and Guan Zhong Liu (“Defendant”) were in a romantic relationship. In 2018, Plaintiff. and Defendant decided to purchase the property commonly known as 534 N Chardonnay Dr., Covina CA 91723 (“subject property”); in doing so, they agreed that Plaintiff would provide $150,000.00 towards the purchase and that they would jointly and equally own the subject property until they either sold same or one of them no lo...
2024.03.07 Motion to Set Aside and Vacate Orders 025
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.07
Excerpt: ...�Hologram Entertainment”), FilmOn Media Holdings, Inc. (“FilmOn”), FilmOn.TV, Inc. (“FilmOn TV”), FilmOn.TV Networks, Inc. (“FilmOn Networks”), Alki David Productions, Inc. (“Alki David Productions”) and Anakando Media Group USA (“Anakando”). In January 2015, Plaintiffs were hired by Defendants as account executives on the com pany's sales team. Throughout the duration of their employment, Plaintiffs worked in a hostile, mis...
2024.03.07 Motion to Consolidate Related Cases 818
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.07
Excerpt: ...ct a ccident”). On January 24, 2022, Plaintiffs filed a complaint, asserting causes of action against Angel Jesus Aragon (“Aragon”), Bob's Towing Services and Recovery Inc. (“BTS”), Christina Marie Jeffery (“C. Jeffery”), Ean Holdings, LLC (“Ean Holdings”) and Does 1 -20 for: 1. Motor Vehicle 2. Motor Vehicle 3. Motor Vehicle On August 10, 2022, Plaintiffs dismissed Ean Holdings, without prejudice. On December 19, 2022, the cour...
2024.03.07 Motion to Compel Further Responses 711
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.07
Excerpt: ...20, 2019 Plaintiff entered into a warranty contract with General Motors LLC (“Defendant”) regarding a 2019 GMC Sierra 1500, VIN No. 1GTU8DED8KZ137781 (“subject vehicle”). Plaintiff alleges that the subject vehicle suffers from various defects and that the subject vehicle has not been repaired after a reasonable number of attempts. On March 10, 2023, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1- 10 ...
2024.03.06 Application for Issuance of Writ of Attachment 159
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.06
Excerpt: ...endered, which Defendant has failed to pay. On July 18, 2023, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1 -10 for: 1. Common Counts 2. Common Counts 3. Common Counts A Case Management Conference is set for March 6, 2024. Discussion Plaintiff applies for a right to attach order and writ of attachment against Defendant. The amount to be secured by the attachment is $264,502.97, which includes estimated costs...
2024.03.05 Motion to Set Aside, for Reconsideration 178
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.05
Excerpt: ...tiff thereafter went to LACFD Station #32 in Azusa to file a complaint against Cooper, but John Doe Fire Captain ended up making a false police report in which he blamed Plaintiff for the disturbance. On March 11, 2020, Plaintiff filed a Second Amended Complaint (“SAC”), asserting causes of action against Cooper, County of Los Angeles (“County”), LACFD, John Doe Fire Captain and Does 1 -50 for: 1. Intentional Interference with Prospective...
2024.03.04 Motion to Compel Arbitration and Stay Action 616
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.04
Excerpt: ...e, West Covina, CA 91792. Qi subsequently sought to renegotiate the purchase price, which Plaintiffs rejected. Following this rejection, Qi refused to deposit monies into escrow and move forward with the sale. On May 30, 2023, Plaintiffs filed a complaint, asserting causes of action against Qi and Does 1- 10 for: 1. Breach of Contract 2. Breach of Implied Covenant of Good Faith and Fair Dealing 3. Common Count 4. Intentional Interference with Con...
2024.03.04 Motion for Leave to Intervene in Action 728
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.04
Excerpt: ...da, Inc. (“Thatcher”) was in the business of the dale and delivery of chlorine. On or around September 2, 2020, Thatcher delivered a shipment of liquid chlorine to Custom Alloy. Thatcher loaded the chlorine from its truck into a liquid chlorine tank used in Custom Alloy's operations. On or around September 6, 2020, Custom Alloy discovered a leak of chlorine from the storage tank, which eventually caused a chlorine gas “cloud.” Custom Allo...
2024.03.04 Demurrer, Motion to Strike 172
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.04
Excerpt: ...on, and will require an offer of proof if so. 2. Plaintiff/Cross -Defendant Manking ELS LLC and Cross -Defendants Chung Chin Tsai aka Johnny Tsai and Kenny Tsai's Motion to Strike Portions of Cross -Complaint is DENIED as MOOT. Background [1] Plaintiff Manking ELS, LLC (“Manking”) alleges as follows: On May 19, 2017, Manking entered into a Commercial Lease Agreement (“CLA”) with Enhancer Elsinore, LLC (Enhancer”), Esther Lin (“Lin”)...
2024.03.01 Petition to Vacate Arbitration Award, Petition to Confirm Arbitration Award 010
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.01
Excerpt: ...Graduate University fka Claremont College and Claremont University Center (“CGU”) conveyed approximately 16.4 acres of land contiguous to The Claremont Colleges (“Parcels 1 and 2”) to CST in exchange for $107,500.00 via a grant deed (the “1957 Deed”). The 1957 Deed contained two restrictions: (1) a First Option Clause (“FOC”) and (2) an educational use restriction, both of which were enforced by a power of termination. On June 5, ...
2024.03.01 Motion for Summary Judgment, Adjudication, to Modify Preliminary Injunction 419
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.03.01
Excerpt: ... Defendant Claremont Graduate University fka Claremont College and Claremont University Center (“CGU”) conveyed approximately 16.4 acres of land contiguous to The Claremont Colleges (“Parcels 1 and 2”) to CST in exchange for $107,500.00 via a grant deed (the “1957 Deed”). The 1957 Deed contained two restrictions: (1) a First Option Clause (“FOC”) and (2) an educational use restriction, both of which were enforced by a power of ter...
2024.02.29 Motion to Compel Arbitration 850
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.02.29
Excerpt: ...for: 1. Bad Faith—Breach of the Implied Covenant of Good Faith and Fair Dealing 2. Breach of Contract 3. Intentional Infliction of Emotional Distress 4. Negligent Infliction of Emotional Distress A Trial Setting Conference is set for February 29, 2024. Legal Standard “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrat...
2024.02.28 Application for Default Judgment 130
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.02.28
Excerpt: ... payments, including 10 annual payments of $2,475.72 beginning on April 30, 2016 and ending on April 30, 2025 (the “Agt. #1 Payments”). Per the Agreement, Selayandia was to deliver to Plaintiff a letter of instruction, addressed to the annuity company, New York Life Insu rance Company (“NY Life”), directing that the Agt. #1 Payments be sent to Plaintiff at an address designated by Plaintiff. On November 23, 2015, Plaintiff, through its pr...
2024.02.27 Demurrer 951
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.02.27
Excerpt: ...'s dog attacked and bit him. On September 25, 2023, Plaintiff filed a complaint, asserting a cause of action against Target Corporation (“Defendant”) and Does 1- 20 for: 1. General Negligence A Case Management Conference is set for February 27, 2024. Legal Standard A demurrer may be made on the grounds that the pleading, inter alia, does not state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) When ...
2024.02.26 Demurrer, Motion to Strike 921
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.02.26
Excerpt: ...Honda CR -V, VIN # 7FARW1H75NE003437. The subject vehicle is equipped with a computerized driver - assisting safety system known as ‘Honda Sensing,” which includes adaptive cruise control, lane departure warnings, and autonomous braking known as the Collision Mitigation Braking System (“CMBS”). The Honda Sensing system suffers from a defect that causes the various subsystems within it to malfunction dangerously while the vehicles are driv...
2024.02.22 Motion for Leave to Amend Answer 862
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.02.22
Excerpt: ...00.00 on or around June 1, 2015 and $45,000.00 on or around September 6, 2015). Although Defendants issued Xu a check for $5,000.00 on or around October 1, 2017, no further payments have been made. On December 14, 2020, Xu filed a complaint, asserting causes of action against Defendants and Does 1 - 10 for: 1. Breach of Contract 2. Open Book Account 3. Fraud—Intentional Misrepresentation 4. Fraud—Promise without Intent to Perform 5. Conversio...
2024.02.07 Motion to Vacate Null and Void Disposition 430
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.02.07
Excerpt: ...serving as a silent partner, entered into an “Asset Purchase Agreement” and a “Security Agreement” with Gordes for the transfer of ownership of Hamilton's Steakhouse (“Hamilton”) from Gordes, as seller, to Plaintiffs, as buyers. On June 18, 2020, LVGEM Hotel Corporation ( “LVGEM”), through Huang, and Shamloo, with Abhari serving as a silent partner of Shamloo, entered into a “Lease Agreement” for the lease of the property upon...
2024.02.07 Motion to Compel Deposition of PMK, to Share Protective Order 967
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.02.07
Excerpt: ...Regarding the Deposition of Cheyenne Rey is CONTINUED to April 10, 2024 at 9:30 a.m. 5. Defendant/Cross-Complainant Seidner Enterprises, LLC dba Bert's Mega Mall's Renewed Motion to Compel Arbitration and Stay Action is DENIED. Background [1] Case No. 22STCV22829 Plaintiffs Mark Karghaian and Natalie Payaslyan (together, “Plaintiffs”) allege as follows: On April 24, 2022, Plaintiffs were passengers in the front passenger seat and rear seat, r...
2024.02.07 Motion to Compel Deposition 829
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.02.07
Excerpt: ... in a 2020 Polaris RZR XP1000 (i.e., an offroad UTV) (“subject vehicle”). Plaintiffs sustained severe injuries after the subject vehicle rolled. On July 15, 2022, Plaintiffs filed a complaint, asserting causes of action against Polaris Industries, Inc., Polaris Sales, Inc., Polaris Industries, Inc. (n/k/a Polaris Inc.), Saba Enterprises, Inc. dba Corona Motorsports (“Saba”) and Does 1-100 for: 1. Strict Products Liability 2. Negligence 3....
2024.02.05 Petition for Relief from Claim Statute 365
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.02.05
Excerpt: ...relating to a cause of action for death or for injury to person . . . shall be presented . . . not later than six months after the accrual of the cause of action.” (Gov. Code § 911.2, subd. (a).) “When a claim that is required by Section 911.2 to be presented not later than six months after the accrual of the cause of action is not presented within that time, a written application may be made to the public entity for leave to present that cl...
2024.02.02 Motion for Attorney Fees 725
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.02.02
Excerpt: ...rious defects and that the subject vehicle has not been repaired after a reasonable number of attempts. On November 8, 2022, Plaintiffs filed a complaint, asserting causes of action against Ford Motor Company (“Defendant”) and Does 1-10 for: 1. Violation of Song-Beverly Act—Breach of Express Warranty 2. Violation of Song-Beverly Act—Breach of Implied Warranty 3. Violation of Song-Beverly Act Section 1793.2(b) On July 18, 2023, a condition...
2024.02.01 Motion for Summary Judgment 798
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.02.01
Excerpt: ...rother, Defendant Adrian Salazar (“Adrian”), and Adrian's wife, Defendant Reina Guevara (“Guevara”). At the party, Ethan “impacted” a sliding glass door, which shattered into large, jagged pieces. One of these pieces pierced Ethan's abdomen. Andrea pulled this piece out of Ethan's abdomen, which further ruptured his organs and muscles. After the incident, Andrea physically and verbally harassed Victoria; although Victoria complained, ...
2024.02.01 Demurrer, Motion to Strike 172
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.02.01
Excerpt: ... a.m. [see below]. Background Plaintiff Manking ELS, LLC (“Manking”) alleges as follows: On May 19, 2017, Manking entered into a Commercial Lease Agreement (“CLA”) with Enhancer Elsinore, LLC (Enhancer”), Esther Lin (“Lin”) and Walter Lynn (“Lynn”) (collectively, “Defendants”) pertaining to the Elsinore Hot Springs Motel (“Property”). The CLA, which was to be effective on June 16, 2017, called for a three-year lease term...
2024.01.31 Motion to Consolidate Cases 926
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.31
Excerpt: ...LLC, Smart & Final Properties I, LLC, The Bread Factory Artisans, Inc. (“BFA”) and Does 1-100 for: 1. Premises Liability 2. General Negligence On July 12, 2019, Smart & Final, Inc. and Smart & Final Stores, LLC (erroneously sued as Smart & Final, LLC and Smart & Final Properties I, LLC) (collectively, “Smart & Final”) filed two “Amendment[s] to [Cross-]Complaint,” wherein BFA was named in lieu of Roe 1 and The Bread Factory, Inc. was ...
2024.01.31 Motion for Leave to File Amended Verified Complaint 375
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.31
Excerpt: ...m Tubarao or Ponta Ubu I Braxil to Port Kelang or Labuan in Malaysia between 2009-2017. Limbungan's obligations under the 2009 COA were guaranteed by its parent company, Lion Diversified Holdings BHD (“Lion”) pursuant to a written guarantee dated June 29, 2009 (the “2009 Guarantee”). On June 30, 2014, Plaintiff and Limbungan executed an Addendum No. 1 to the 2009 COA which increased the number of shipments to 59. Likom Caseworks USA (“L...
2024.01.30 Demurrer 450
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.30
Excerpt: ...o Show Cause Re: Failure to File Proof of Service are set for January 30, 2024. Legal Standard A demurrer may be made on the grounds that the pleading, inter alia, does not state facts sufficient to constitute a cause of action and/or is uncertain. (Code Civ. Proc., § 430.10, subd. (e) and(f).) A demurrer may also be made on the ground that the court has no jurisdiction of the subject of the cause of action alleged in the pleading. (Code Civ. Pr...
2024.01.29 Demurrer, Motion to Strike Punitive Damages 441
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.29
Excerpt: ...-Matic 8L90 transmission or Hydra-Matic 8L45 transmission which can cause sudden lurching forward, sudden acceleration, delayed acceleration, delayed downshifting, delayed deceleration and sudden loss of forward propulsion (“Transmission Defect”). The Transmission Defect also causes premature wear to the 8L90 and 8L45 Transmissions' components and other vehicle parts. General Motors LLC (“Defendant”) knew or should have known about the Tr...
2024.01.24 Demurrer, Motion to Strike 704
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.24
Excerpt: ...ding a 2021 Honda Civic, VIN No. 2HGFC2F69MH552933 (“subject vehicle”). The subject vehicle is equipped with a computerized driver-assisting safety system known as “Honda Sensing,” which includes adaptive cruise control, lane departure warnings and steering inputs, and autonomous braking. The Honda Sensing system suffers from a defect that causes the various subsystems within it to malfunction dangerously while the vehicles are driven (�...
2024.01.24 Demurrer to FACC, Motion to Strike Punitive Damages 071
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.24
Excerpt: ...d Cross‐Complaint is DENIED as MOOT in part (i.e., as to Paragraphs 31 and 51) and GRANTED in part (i.e., as to Paragraphs 23, 44 and Paragraph 2 from the prayer). Rahbar's joinder is GRANTED. Background Plaintiff Annex Walnut Automotive Colors & Supply, Inc. (“Annex”) alleges as follows: Annex is a distributor of automotive and industrial coatings and paint. Rachel M. Darvish ("Darvish"), Keyvan Rahbar (“Rahbar”) and Maryam Rouillard (...
2024.01.23 Motion for Summary Judgment 687
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.23
Excerpt: ...Creekside. The System's pumps were manufactured with undersized impeller blades, which caused issues with the flow and pressure. BPC failed to promptly remedy the operational and performance issues with the System, which resulted in the City of La Verne (“City”) imposing a sales and building moratorium and ultimately resulted in the City's revocation of permits. On October 22, 2019, BPC filed a cross-complaint, asserting causes of action agai...
2024.01.23 Demurrer 436
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.23
Excerpt: ...ffs are in the business of providing logistics and warehousing services for imports of goods from China to the United States. 2Cube acts as a “3PL” or third party logistics provider for WMI by procuring transportation services for delivery orders received by WMI. Xiaojun Xu (“Xu”) was hired by 2Cube as a truck driver to deliver various goods to customers. From approximately January 2023 to present, Xu conspired with Pak Ho Lo (“Lo”), ...
2024.01.22 Motion to Compel Further Responses 127
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.22
Excerpt: ...le within 30 days of the date of the hearing. Background Plaintiffs Ricky Trujillo and Gina Trujillo (“Plaintiffs”) allege as follows: On April 16, 2022, Plaintiffs purchased a new 2022 Chevrolet Silverado, VIN No. 3GCUDFEDXNG532475 (“subject vehicle”). The subject vehicle suffers from various defects which have not been repaired within a reasonable number of attempts. On April 17, 2023, Plaintiff filed a complaint, asserting causes of ac...
2024.01.19 Demurrer to FAC, Motion for Preliminary Injunction 378
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.19
Excerpt: ... Benjamin Kirk (“Kirk”) alleges as follows: On January 19, 2021, Kirk, as manager of Butterfield Property LLC (“Butterfield”), and SVPP Properties LLC (“SVPP”) entered into a lease to purchase agreement for the property located at 761 Corporate Center Drive in Pomona, California (“subject property”). In June 2021, Lucy Seh (“Lucy”) joined Kirk's affiliated organization, Kingston Financial, as a loan officer. Lucy had been Kirk...
2024.01.18 Motion for New Trial 047
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.18
Excerpt: ...nder Clinic”) and Does 1-10 for: 1. Motor Vehicle 2. General Negligence 3. Intentional Tort On January 15, 2019, Plaintiffs dismissed Kinder Clinic, with prejudice. On June 14, 2019, Sagar filed a First Amended Cross-Complaint, asserting a cause of action against Coleman and Roes 1-25 for: 1. Damages and Specific Performance On January 29, 2021, an “Order Granting Motion for Summary Adjudication of Issues” was filed; that same day, the cour...
2024.01.17 Motion to Set Aside Entry of Default 084
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.17
Excerpt: ...s not provided meal and rest breaks. In or about September 2022, Plaintiff informed Defendants that she was pregnant. Plaintiff was terminated under the guise of chatting too much with her co-workers. Plaintiff was not paid her wages due upon termination and has not been able to inspect her personnel file. Defendants also failed to pay Plaintiff all of her wages earned and to provide her with accurate itemized wage statements. On July 12, 2023, P...
2024.01.17 Motion to Reopen Discovery 808
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.17
Excerpt: ...August 2021-September 9, 2021. Privitera made lewd and vulgar comments in Plaintiff's presence on a repeated basis and made sexual advances to her. On October 5, 2021, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1- 40 for: 1. Discrimination Based on Sexual Harassment in Violation of FEHA 2. Failure to Timely Pay Wages Owed On December 23, 2021, Endeavors' default was entered. On April 18, 2022, Clinic's def...
2024.01.17 Motion for Summary Judgment, Adjudication 334
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.17
Excerpt: ...her, “the Lenharts”). Over the course of 11 years, and pursuant to a verbal agreement, Frank loaned the Lenharts over $800,000.00. Frank died on July 19, 2019. The Lenharts still owed Frank $537,720.00 as of the date of Frank's death, including $277,115.00 remaining in uncashed checks. On April 22, 2022, Plaintiff dismissed Leroy, with prejudice. On October 30, 2023, Plaintiff filed a First Amended Complaint, asserting causes of action agains...
2024.01.16 Motion to Expunge Lis Pendens 291
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.16
Excerpt: ...icant sum of money gambling. While in Las Vegas, Zengpeng and Zhengjun met Fai Wong (“Wong”), who represented himself as a casino host. Wong told Zengpeng and Zhengjun that they could not legally return to China with their winnings or otherwise transfer the money to China and that they had to invest the money in the United States. Wong represented that he knew of properties in Las Vegas that could be purchased as an investment for approximate...
2024.01.12 Motion for Judgment Notwithstanding the Verdict 298
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.12
Excerpt: ...ting a parking lot and attempting to merge into the flow of traffic. The facts are simple and mostly undisputed. P testified that he was driving in his lane along the roadway when D's vehicle entered his lane and scraped the side of his car. D testified that she was exiting a parking lot in her vehicle slowly and watching for oncoming traffic, but her vision thereof was obstructed by trucks parked curbside. After 5 days of jury trial, the jury fo...
2024.01.10 Application for Default Judgment 201
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.10
Excerpt: ...odel AH Trailers, VINs # 1UYVS253XJ3292028 and 1UYVS2535J3292034 [“Utilities”]) in exchange for LFT's agreement to make 72 monthly payments of $1,393.08 commencing October 10, 2019 and to grant Plaintiff a security interest in the Utilities. On or about September 10, 2022, LFT failed to make the payment then due and owing. LFT failed to make any further payments thereafter. On or about October 1, 2021, Plaintiff entered into a second written ...
2024.01.09 Motion to Compel Further Responses, for Sanctions 799
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.09
Excerpt: ... to Form Interrogatories (Set One) is GRANTED. Plaintiff is to provide further, Code‐compliant responses to Interrogatories Nos. 2.6, 2.7, 2.13, 6.5, 8.1‐8.8., 10.1, 10.2, 20.2, 20.3, 20.4 and 20.11 within 20 days from the date of the notice of ruling. Sanctions are awarded in the amount of $2,000.00 and are payable within 30 days of the date of the hearing. Background Plaintiff Daniel Pall (“Plaintiff”) alleges that he sustained injuries...
2024.01.04 Motion for Attorney Fees 127
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.04
Excerpt: ...(“B. Lai”) (i.e., Central Furniture and Home Store [“Central Furniture”] and Yes 98 Cents, LLC [“Yes 98 Cents”].). B. Lai is believed to be the sole member of AMCA. B. Lai, acting as a listing broker, listed the Property for sale; the listing advertisement stated that Yes 98 Cents was the anchor tenant of the Property. During or about April 2014, after seeing the commercial listing, Plaintiff's representative Gary Tsai (“Tsai”) co...
2024.01.04 Demurrer to FAC 868
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.04
Excerpt: ...�) alleges as follows: Plaintiff and Guan Zhong Liu (“Defendant”) were in a romantic relationship. In 2018, Plaintiff. and Defendant decided to purchase the property commonly known as 534 N Chardonnay Dr., Covina CA 91723 (“subject property”); in doing so, they agreed that Plaintiff would provide $150,000.00 towards the purchase and that they would jointly and equally own the subject property until they either sold same or one of them no ...
2024.01.02 Demurrer, Motion to Strike 185
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.02
Excerpt: ...ies in an October 18, 2021 motor vehicle collision on the I-10 East in Pomona, California. On October 13, 2023, Plaintiffs filed a complaint, asserting causes of action against Snehal Raj Bhakta (S. Bhakta”), Raj Bhakta (“R. Bhakta”), Jose Alfredo Vargas-Nunez (“Vargas-Nunez”) and Does 1-50 for: 1. Negligence 2. Negligence Per Se 3. Statutory Liability 4. Punitive Damages A Case Management Conference and Order to Show Cause Re: Failure ...
2024.01.02 Demurrer 436
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2024.01.02
Excerpt: ...ted States. 2Cube acts as a “3PL” or third party logistics provider for WMI by procuring transportation services for delivery orders received by WMI. Xiaojun Xu (“Xu”) was hired by 2Cube as a truck driver to deliver various goods to customers. From approximately January 2023 to present, Xu conspired with Pak Ho Lo (“Lo”), Swap Meet Depot (“SWAP”), MMS Depot (“MMS”) by stealing a portion of goods belonging to Plaintiffs from ea...
2023.12.18 Motion to Release Phone Records 733
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.18
Excerpt: ..., Maria C. Barba (“Maria”), died in October 2009. Maria promised Yolanda that once Francisco died, the property located at 4253-4261 Maxson Rd. in El Monte (“Maxson Properties”), which Maria and Francisco owned as joint tenants, would be split between Franky and Yolanda. Francisco agreed with Maria's wishes. After Maria died, Francisco went into a depression and exhibited strange mental behaviors. During the pandemic, Franky began to isol...
2023.12.14 Demurrer 556
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.14
Excerpt: ...g plant ("Plant") located in the City of Industry, California. Smith contracted terminal cancer due to toxic emissions from Plant and died by suicide on February 5, 2021. On February 6, 2023, Plaintiff filed a Complaint against Michael Emo, Sean Emo, Qu[elmetco lnc[.] and City of Hope. On February 24, 2023, the case was ordered reassigned from Department 11 to the instant department. On August 15, 2023, Plaintiff filed five "Amendment[s] to Compl...
2023.12.13 Motion to Enforce Subpoena for Production of Business Records 154
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.13
Excerpt: ...t Clinic (“San Dimas PC”). Staples from the procedure were left in King's stomach. On June 29, 2023, Plaintiffs filed a First Amended Complaint (“FAC”), asserting causes of action against San Dimas PC, Dhillon and Does 1-50 for: 1. Professional Negligence 2. Professional Negligence 3. Trespass to Chattels 4. Trespass to Chattels 5. Negligent Training and Supervision 6. Negligent Hiring On October 24, 2023, the court granted San Dimas PC a...
2023.12.13 Demurrer 834
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.13
Excerpt: ...sans, Inc. (“BFA”) and Does 1-100 for: 1. Premises Liability 2. General Negligence On July 12, 2019, Smart & Final, Inc. and Smart & Final Stores, LLC (erroneously sued as Smart & Final, LLC and Smart & Final Properties I, LLC) (collectively, “Smart & Final”) filed two “Amendment[s] to [Cross-]Complaint,” wherein BFA was named in lieu of Roe 1 and The Bread Factory, Inc. was named in lieu of Roe 2. On September 26, 2019, this case was...
2023.12.12 Demurrer to FAC, Motion for Preliminary Injunction 378
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.12
Excerpt: ... LLC (“SVPP”) entered into a lease to purchase agreement for the property located at 761 Corporate Center Drive Pomona, California (“subject property”). In June 2021, Lucy Seh (“Lucy”) joined Kirk's affiliated organization, Kingston Financial, as a loan officer. Lucy had been Kirk's domestic partner from 2000-2014. Lucy learned of the transaction and expressed interest in the subject property. Kirk and Lucy agreed to split the equity ...
2023.12.12 Motion for Leave to File Amended Complaint 375
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.12
Excerpt: ...onta Ubu I Braxil to Port Kelang or Labuan in Malaysia between 2009-2017. Limbungan's obligations under the 2009 COA were guaranteed by its parent company, Lion Diversified Holdings BHD (“Lion”) pursuant to a written guarantee dated June 29, 2009 (the “2009 Guarantee”). On June 30, 2014, Plaintiff and Limbungan executed an Addendum No. 1 to the 2009 COA which increased the number of shipments to 59. Likom Caseworks USA (“Likom USA”) i...
2023.12.12 Motion to Vacate Default, Judgment 148
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.12
Excerpt: ... of Execution or Levy Issued Against Defendant and for an Issuance of an Order Commanding Plaintiff to Return the Funds Already Levied by Plaintiff Against Defendant is DENIED. Background [1] Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) is a collection agency assigned this matter by State Compensation Insurance Fund (“Assignor”). Plaintiff alleges that its Assignor and Defendants Ramon and Son Roofing, Inc. aka Ramon and Son ...
2023.12.08 Demurrer to SAC, Motion to Strike 430
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.08
Excerpt: ... Second Amended Complaint is SUSTAINED. The court will hear from counsel for Plaintiff as to whether leave to amend is requested, and as to which cause(s) of action, and will require an offer of proof if so. 4. Defendants Marshall Brubacher and Mundell Odlum & Haws, LLP's Motion to Strike Portions of Second Amended Complaint is DENIED as MOOT. Background [1] Plaintiffs Zia Abhari (“Abhari”) and Amir Shamloo ( “Shamloo” and collectively wi...
2023.12.06 Application for Default Judgment 788
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.06
Excerpt: ...Monte, California 91732 (“subject property”). On June 20, 2017, members of the El Monte Police Department (“Police”) executed a search warrant at the subject property. While executing the warrant, the Police observed that the subject property had been converted into a marijuana cultivation facility. The Police seized numerous items which had been used to cultivate, manufacture, store and/or sell marijuana at the subject property in violat...
2023.12.05 Demurrer to FACC 901
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.05
Excerpt: .... On August 22, 2022, Miri filed a complaint, asserting causes of action against TSI, Bok, TJ International, Taijin and DOES 1-100 for: 1. Trademark Infringement Under 15 U.S.C. § 1114(1) 2. False Designation of Origin Under 15 U.S.C. § 1125(a) 3. Unfair Competition Under Bus. & Prof. Code §§ 17200 et seq. 4. Common Law Trademark Infringement 5. Common Law Unfair Competition On September 8, 2022, the court related Case No. 22PSCV00901 to Case...
2023.12.04 Application for Default Judgment 691
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.04
Excerpt: ... BAUS owns, manages and operates a large Buddhist monastery in Carmel, as well as a temple in the Bronx, offers a wide range of programs and has an extensive Internet presence through its website www.baus.org. New York BAUS also has active, registered trademarks for “Buddhist Association of the United States” and for its Chinese name. Defendant The Buddhist Association of the United States (“California BAUS”) was incorporated in Californi...
2023.12.04 Application for Default Judgment 659
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.12.04
Excerpt: ...action against Defendant and Does 1- 50 for: 1. Discrimination on the Basis of Participation in Protected Conduct in Violation of Gov. Code § 12940 et seq. 2. Failure to Prevent Discrimination in Violation of California Government Code § 12940(k) 3. Retaliation in Violation of Gov. Code § 12940(h) 4. Wrongful Termination 5. Failure To Pay Minimum Wages And Overtime In Violation of Cal. Labor Code § 204 et seq. 6. Violation of Business & Profe...
2023.11.30 Special Motion to Strike 436
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.30
Excerpt: ...follows: Plaintiffs are in the business of providing logistics and warehousing services for imports of goods from China to the United States. 2Cube acts as a “3PL” or third party logistics provider for WMI by procuring transportation services for delivery orders received by WMI. Xiaojun Xu (“Xu”) was hired by 2Cube as a truck driver to deliver various goods to customers. From approximately January 2023 to present, Xu conspired with Pak Ho...
2023.11.30 Applications for Writ of Possession After Hearing 919
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.30
Excerpt: ...lo (“Angulo”) and Heidy v. Roldan aka Heidy Roldan (“Roldan”) (collectively “Defendants”), purchased from Plaintiff's assignor a 2019 Dodge Hellcat, VIN No. 2C3CDXL97KH571704 (the “subject vehicle”). (Complaint, ¶ 6.) The complaint alleges that Defendants agreed to timely pay all amounts due under the Contract yet have failed to make payments owed under the Contract. (Id., ¶ 8.) The complaint alleges that Defendants currently ow...
2023.11.27 Demurrer 602
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.27
Excerpt: ...AR Lubricants”) entered into a 12-month service contract (“Contract”) whereby Plaintiff would provide marketing and branding services and create and operate websites commencing June 2019 in exchange for payment of $6,000.00 per month for 12 months. The Contract was slated to continue thereafter until terminated in writing with 60 days' notice, which was never provided. Plaintiff is owed money for unpaid amounts incurred during the 12- month...
2023.11.21 Motion for Undertaking 126
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.21
Excerpt: ...nosed with colorectal cancer on October 7, 2020 at Emanate Health Queen of the Valley Hospital (“Hospital”). Mao subsequently underwent two unnecessary surgical operations performed by Doctor Jared Sze Wei Wong (“Wong”) at Emanate Health Queen of the Valley Hospital, which left Mao in a vulnerable condition that led her to contract COVID-19 at a nursing home she had been sent to afterwards. Mao was rushed to the Emanate Health Inter- Comm...
2023.11.20 Motion to Compel Responses 862
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.20
Excerpt: ... of ruling. Background Plaintiff Weiqing Xu (“Xu”) alleges as follows: On September 2, 2015, Honghua Shang (erroneously sued as Hongshua Shang) (“Shang”) and EChain, Inc. dba E-Chain Realty (“Echain” and collectively with Shang as “Defendants”) induced Xu to sign two separate Power of Attorney documents. Xu also loaned Defendants $75,000.00 (i.e., $30,000.00 on or around June 1, 2015 and $45,000.00 on or around September 6, 2015)....
2023.11.17 Motion to Set Aside Clerk's Entry of Default 962
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.17
Excerpt: ...ate Route 60 pavement rehabilitation project in Los Angeles County (the “Project”) owned by the Department of Transportation (“CalTrans”). Pursuant to its subcontract with Atkinson (“Subcontract”), Plaintiff was required to hire only International Union of Operating Engineers, Local 12 (“Union”) employees to work on the Project and to enter into a contract with the Union to procure the employees needed to perform Plaintiff's contr...
2023.11.16 Demurrer, Motion to Strike 703
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.16
Excerpt: ...int is DENIED as MOOT in part (i.e., as to Page 9, ¶ 51, Page 18, ¶ 68, Page 13, ¶ 61, Page 16, ¶ 63(2) and Page 34, ¶ 146(d)) and is otherwise GRANTED (i.e., as to Pages 8‐9, ¶44). Background [1] Plaintiff Andrew Paul Dancyger (“Plaintiff”) alleges as follows: Martin Automotive, Inc. dba Glendora Chevrolet (“Defendant”) sold Plaintiff a new 2020 Chevrolet Corvette, VIN # 1G1Y63D41L5114749 (“subject vehicle”). Defendant sold t...
2023.11.15 Motion to Consolidate Related Cases 818
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.15
Excerpt: ...�subject accident”). On January 24, 2022, Plaintiffs filed a complaint, asserting causes of action against Angel Jesus Aragon (“Aragon”), Bob's Towing Services and Recovery Inc. (“BTS”), Christina Marie Jeffery (“C. Jeffery”), Ean Holdings, LLC (“Ean Holdings”) and Does 1-20 for: 1. Motor Vehicle 2. Motor Vehicle 3. Motor Vehicle On August 10, 2022, Plaintiffs dismissed Ean Holdings, without prejudice. On December 19, 2022, the ...
2023.11.15 Motion for Leave to File TAC 396
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.15
Excerpt: ...Rajinder represented that he was the owner of said commercial property on which he owned and operated a laundromat and check cashing business and that a 7-Eleven franchisee was a tenant of the other unit at the property. Rajinder also conveyed that he was the operator and day- to-day manager of the laundromat and checking cashing business and that said businesses had a strong cashflow. Rajinder showed Vasisht a 2017 financial statement showing th...
2023.11.14 Motion for Leave to Intervene, for Temporary Stay of Proceedings 609
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.14
Excerpt: ...otion for Temporary Stay of Proceedings is DENIED. Background [1] Plaintiff B.R. Building Resources Company (“Plaintiff”) alleges as follows: Plaintiff is a boutique builder. Defendants SA Hospital Acquisition Group, LLC (“SAH Acquisition”), SA Hospital Real Estate Holdings, LLC (“SAH Real Estate”) and SA Hospital Real Estate Holdings-Jefferson, LLC (“SAH Jefferson”) (hereinafter collectively, the “SAH Defendants”) own and/or ...
2023.11.13 Motion to Compel Acknowledgement of Partial Satisfaction of Judgment 690
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.13
Excerpt: ...s Angeles (“County”), Tony Lai (“Lai”) and Does 1-100 for: 1. Liability for Dangerous Condition of Public Property Pursuant to Gov't. Code § 835 2. Negligence On November 17, 2017, Plaintiff filed an “Amendment to Complaint,” wherein City of Baldwin Park (“Baldwin Park”) was named in lieu of Doe 2. On December 14, 2017, Plaintiff dismissed CalTrans, without prejudice. On December 21, 2017, Baldwin Park filed a cross-complaint, as...
2023.11.13 Motion to Amend Judgment to Reflect Pre-Judgment Interest Award 412
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.13
Excerpt: ...t time. It was Joseph's grandparents' stated intention that the subject property would be Joseph's inheritance. Joseph's grandmother transferred the subject property to Martha in trust until Joseph became an adult. On or about February 7, 2011, Martha executed and delivered a grant deed to Joseph; at or about that same time, Joseph and Martha filled out a “Preliminary Change in Ownership Report.” Martha requested that Joseph hold on to the de...
2023.11.13 Motion for Leave to File Complaint 103
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.13
Excerpt: ...nt ("2012 Amendment") of a 2006 lease ("2006 Lease"); Joon Hyo Shin and Seung 0k Shin are the landlords and co-trustees of the Joon Hyo Shin Family Trust dated May 20, 2003, which is the actual owner of the Premises. The 2012 Amendment extended the lease term to June 5, 2022 and provided Plaintiff with a right to exercise an option to further extend the lease term for 5 more years provided Plaintiff was in compliance with its obligations at the t...
2023.11.08 Motion to Strike Punitive Attachment 282
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.08
Excerpt: ...23, Plaintiffs filed a First Amended Complaint, asserting causes of action against Bryan Perez Rodriguez, Neri Rodriguez (together, “Defendants”) and Does 1-25 for: 1. Motor Vehicle 2. General Negligence A Case Management Conference is set for November 8, 2023. Legal Standard Pursuant to Code of Civil Procedure section 436, “the court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems ...
2023.11.08 Motion to Strike FAA, Demurrer 819
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.08
Excerpt: ... Plaintiff as to whether leave to amend is requested, and as to which affirmative defense(s), and will require an offer of proof if so. Background Plaintiff Jose Madriz (“Plaintiff”) alleges as follows: Plaintiff has Arthrogryposis and uses a wheelchair for mobility. On January 27, 2022, Plaintiff went to Casa Alvarez (“Restaurant”) located at 19744 Colima Road, Rowland Heights, California 91748 (“Subject Property”) but encountered nu...
2023.11.07 Motion for Judgment on the Pleadings 092
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.07
Excerpt: ... Albrecht. On April 14, 2023, Plaintiff filed a complaint, asserting causes of action against the Estate of Jeffrey Lee Albrecht and Does 1-50 for: 1. Battery 2. Intentional Infliction of Emotional Distress A Case Management Conference is set for December 13, 2023. Legal Standard The rules governing demurrers are generally applicable to a motion for judgment on the pleadings. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999; Code C...
2023.11.07 Demurrer 085
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.07
Excerpt: ...as follows: Plaintiff told Ha Le ("Le") in December 2013 that she wanted to purchase a manufactured home commonly known as 901 S. Sixth Avenue, Space 284, Hacienda Heights, CA 91745 ("Manufactured Home.") Le told Plaintiff that she would be unable to hold title to same because she was in the United States on a student visa. Plaintiff asked Le to assist her with the purchase of the Manufactured Home by holding title on her behalf. Le agreed. Plain...
2023.11.02 Motion to Tax Costs 047
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.02
Excerpt: ...n against Aneeta Sagar (“Sagar”), Kinder Clinic, Inc. (“Kinder Clinic”) and Does 1-10 for: 1. Motor Vehicle 2. General Negligence 3. Intentional Tort On January 15, 2019, Plaintiffs dismissed Kinder Clinic, with prejudice. On June 14, 2019, Sagar filed a First Amended Cross-Complaint, asserting a cause of action against Coleman and Roes 1-25 for: 1. Damages and Specific Performance On January 29, 2021, an “Order Granting Motion for Summ...

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