Excerpt: ...icle is equipped with a defective 10 -speed transmission that can cause the subject vehicle to experience hesitation and/or delayed acceleration; harsh and/or hard shifting; jerking, shuddering, and/or juddering ("Transmission Defect"). FMC knew or should have known about the Transmission Defect before the sale of the subject vehicle. On December 5, 2023, Plaintiff filed a complaint, asserting causes of action against FMC, Ford of Upland ...

Excerpt: ... terminal cancer due to toxic emissions from Plant and died by suicide on February 5, 2021. On February 6, 2023, Plaintiff, apparently as an individual, filed a Complaint against Quemetco, Inc. and nine other defendants. On February 24, 2023, the case was ordered reassigned from Department 11 to the instant department. On August 16, 2023, Plaintiff filed five “Amendment[s] to Complaint,” wherein Quemetco West, LLC (“Quemetco West”) was na...

Excerpt: ...February 5, 2024, Plaintiffs filed a First Amended 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. Statutory Liability A Case Management Conference is set for April 30, 2024. Legal Standard Pursuant to Code of Civil Procedure section 436, “the court may, upon a motion made pursuant to Section 435, o...

Excerpt: ...rs at their warehouse. Plaintiff provided Defendant with lumpers and sent Defendant invoices. Defendant has failed to pay the invoices. On November 3, 2023, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-25 for: 1. Breach of Contract 2. Common Counts On January 9, 2024, Defendant's default was entered. A Case Management Conference is set for April 30, 2024. Legal Standard “The court may, upon any terms as m...

Excerpt: ...ion against Defendants and Does 1-10 for: 1. Breach of Contract 2. Common Count On February 13, 2020, Plaintiff filed a conditional “Notice of Settlement of Entire Case;” that day, Plaintiff dismissed the entire action of all parties “pursuant to CCP Section 664.6,” without prejudice. On March 21, 2024, Plaintiff dismissed the complaint against Corpuz and Does 1-10, without prejudice. Legal Standard “If parties to pending litigation sti...

Excerpt: ...general remodeling services for the property located at 19103 Singingwood, Rowland Heights, Los Angeles, CA (“subject property”). This estimate did not include overhead and profit, which was billed separately. Plaintiff provided Defendants with h invoices in the amounts of: (1) $9,101.21, (2) $9,646.98, (3) $9,000.00, (4) $6,579.22, (5) $2,774.81, and (6) $657.93, totaling $37,760.15. Invoices #1 -#3 comprised the work that was paid by the in...

Excerpt: ...roperty located at 761 Corporate Center Drive in Pomona, California (“subject property”). In June 2021, Lucy Seh (“Lucy”) joined Kingston Financial, a mortgage lending company owned and operated by Kirk, 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. Contingent on Lucy investing in the subject property, Kirk and Lucy agreed to split ...

Excerpt: ...its city truck colliding with Plaintiff Conejo's (“P”) trailer. P was a passenger in the truck towing the damaged trailer and claimed physical injury from the collision. A 4 day jury trial was held in January 2024 solely on the issues of causation of P's alleged personal injury damages and the quantity of those damages. On 1/24/24 the jury returned a verdict for P in the amount of $64,250 (comprised of past and future medical expenses and pas...

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...

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 ...

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 ...

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...

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...

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...

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...

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...

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 ...

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: ...

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...

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...

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...

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...

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...

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...

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...