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...

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...

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...

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...

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...

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...

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 ...

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 ...

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 ...

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...

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...

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...

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 ...

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...

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...

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...

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...

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”)...

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, ...

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...

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...

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...

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 ...

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...

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...

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...