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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...
2023.11.02 Demurrer to FAC, Motion to Strike 722
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.02
Excerpt: ...irst Amended Complaint is DENIED as MOOT in part (i.e., as to Paragraphs 42 and 43) and GRANTED in part (i.e., as to Paragraph 3 of the prayer). The court will hear from counsel for Plaintiffs as to whether leave to amend is requested and will require an offer of proof if so. Background [1] Plaintiffs Guillermina Murcio and Jorge Armendariz (together, “Plaintiffs”) sustained injuries in a February 12, 2023 head on motor vehicle collision. Pla...
2023.11.01 Special Motion to Strike 601
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.01
Excerpt: ...laintiffs in probate court, Case No. YP0011705. Aimee suffered a mild heart attack during trial proceedings. Sandra has received documents from Quigg under Case No. 15N00433 which instruct her to go to court and indicate that she owes a balance of $81,364.00. Before the court date Plaintiffs received a letter stating that Quigg was going to foreclose on the family residence and that he was going to proceed with a sheriff's sale on the property. Q...
2023.11.01 Motion to Compel Responses, to Deem RFAs Admitted, for Sanctions 433
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.01
Excerpt: ...ruling. Pursuant to Code of Civil Procedure § 2033.280, subdivision (b), the court orders the truth of all matters specified in Plaintiff's Requests for Admissions, Set No. One, deemed admitted. Sanctions are awarded in the reduced amount of $1,115.00 and are payable within 30 days from the date of the notice of ruling. Plaintiff is ordered to pay an additional $180.00 in filing fees at or before the time of the hearing. Background Plaintiff Xie...
2023.11.01 Motion for Leave to File SAC 469
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.11.01
Excerpt: ...anced the subject property. In 2003, Delores died and an Affidavit of Joint Death was recorded. In 2004, Plaintiff and Manuel refinanced the subject property. In 2007, Plaintiff, Manuel and Maria granted the subject property to Plaintiff as his sole and separate property. In 2008, Plaintiff granted the subject property to himself and Manuel, as tenants in common. In 2008, Manuel stated that upon his death he intended to give his interest in the s...
2023.10.31 Demurrer, Motion to Strike 071
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.31
Excerpt: ...s Motion to Strike Punitive Damages from Cross‐Complaint is DENIED as MOOT. 3. Plaintiff/Cross‐Defendant Annex Walnut Automotive Colors & Supply, Inc.'s Demurrer to Cross‐Complaint is OVERRULED. 4. Plaintiff/Cross‐Defendant Annex Walnut Automotive Colors & Supply, Inc.'s Motion to Strike [Portions of] Cross‐Complaint is GRANTED. Background Case No. 23STCP01071 Plaintiff Annex Walnut Automotive Colors & Supply, Inc. (“Annex”) alleges...
2023.10.31 Motion to Fix Amount of Attorney Fees Awardable as Item of Costs 403
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.31
Excerpt: ...ted at 19103 Singingwood, Rowland Heights, Los Angeles, CA (“subject property”). Defendants have failed to pay for the work. On February 8, 2022, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants and Does 1-100 for: 1. Breach of Contract 2. Foreclosure of Mechanics' Lien 3. Quantum Meruit 4. Fraud and Deceit On June 16, 2023, judgment was entered. Legal Standard “Except as otherwise expressly provided ...
2023.10.30 Application for Default Judgment 588
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.30
Excerpt: ...ny executed a series of documents, including a Revenue Based Financing Agreement, an Agreement for Direct Deposits (ACH Credits) and Direct Collections (ACH Debits), an Addendum to the Agreement, and Bank Login Information (collectively, “Purchase Agreement”). Bradley Richard Mantha (‘Mantha”) executed a guaranty of the Purchase Agreement. As part of the Purchase Agreement, Company, through Mantha, represented in writing that (1) its mont...
2023.10.26 Motion for Leave to File Complaint 172
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.26
Excerpt: ...LA, which was to be effective on June 16, 2017, called for a three-year lease term. At Defendants' request, the parties on June 16, 2017 signed an Addendum, extending the lease from July 16, 2017 to such date at which inspections pass to qualify the Property for an occupancy permit. At the same time the parties executed the CLA, Defendants drafted a Hotel Management Agreement (“HMA”), which the parties entered into on June 16, 2017. Defendant...
2023.10.26 Motion for Leave to File Amended Answer 595
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.26
Excerpt: ...est Covina, CA 91792-3214 (“subject property”). The parties agreed rent would be $1,500.00 a month, paid in cash. Wang advised Zhang/Han of certain habitability issues, which Zhang/Han failed to remedy. Zhang told Wang's wife in mid- December 2021 that rent would be increased to $2,000.00/month beginning January 2022. Zhang got into an argument with Wang on Christmas Eve 2021 regarding the rent increase, which resulted in the police being cal...
2023.10.25 Demurrer to FAC 862
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.25
Excerpt: ... Transportation LLC (“Kings”), whereby Kings agreed to pick up three vehicles on December 30, 2021 from Little Falls, NJ (i.e., a Lexus LX SUV with VIN ending in 4010, a Lexus LX SUV with VIN ending in 4373, and a Lexus LX SUV with VIN ending in 5378; collectively, “Vehicles”), and deliver said Vehicles to Plaintiff in City of Industry, CA by January 5, 2022, in exchange for payment of $4,500.00. On January 5, 2022, Kings delivered the Ve...
2023.10.10 Application for Default Judgment 537
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.10
Excerpt: ...�) and Aldo Manuel Perez Martinez (“Perez”), acting as unlicensed agents for Danneco Construction (“Danneco”), came to Hernandez's home located at 569 La Seda Road, La Puente, California 91744 (the “Property”) and represented to Hernandez that they could build an extra dwelling unit on same for $55,000.00, that they could help her obtain a loan for the project, that the loan would not take the form of a lien, that she would not have t...
2023.10.09 Demurrer 653
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.09
Excerpt: ...; Plaintiff was a tenant. On September 23, 2020, Plaintiff's foot became caught in the buckled and loose carpet on the stairs at the Premises, which caused her to trip and fall and sustain injuries. On September 20, 2022, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-25 for: 1. Negligence (Premises Liability) 2. Breach of the Implied Warranty of Habitability On June 7, 2023, this case was reassigned from Dep...
2023.10.05 Demurrer to Answer 928
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.05
Excerpt: ...ound Plaintiff Luis Angel Espinoza (“Plaintiff”) alleges that he sustained injuries in a July 15, 2021 automobile collision. On June 28, 2023, Plaintiff filed a complaint, asserting a cause of action against County of Los Angeles (“County”), Ray Andrew Gurango (“Gurango”) and Does 1-10 for: 1. Negligence On August 24, 2023, County and Gurango filed a cross-complaint, asserting causes of action against Pedro Adrio and Roes 1-50 for: 1....
2023.10.04 OSC Re Preliminary Injunction 071
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.04
Excerpt: ...coatings and paint. Rachel M. Darvish ("Darvish"), Keyvan Rahbar (“Rahbar”) and Maryam Rouillard (“Rouillard”) each own 33% of the outstanding shares and voting power of Annex. Rouillard has been responsible for the day-to-day management and operations of Annex. Annex seeks to wind up and dissolve. Rouillard has never distributed any income to Darvish and Rahbar but has reported to the IRS distributions to both. In December 2022, Rouillar...
2023.10.04 Motion for Discharge 027
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.04
Excerpt: ...Appointing a Receiver to remedy Substandard Conditions (Health & Safety Code § 17980.7)” against Respondent. The court denied said petition, without prejudice, on March 11, 2019. On February 10, 2020, the court granted City's “Ex Parte Application for an Order Appointing a Receiver.” On February 13, 2020, Respondent filed a “Notice of Appeal” as to the February 10, 2020 order. On October 26, 2021, the remittitur was filed (affirmed). O...
2023.10.03 Motion for Attorney Fees 912
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.03
Excerpt: ...about December 11, 2011, Plaintiffs and owners entered into a written agreement wherein Owners agreed to sell the Property to Plaintiffs for $650,000.00. Since Wang and Hu were going through a divorce at the time, the closing of escrow was set for ten days after the court entered an order approving the sale as set forth in the agreement. On/about January 2, 2014, the court entered an order directing the clerk to execute the necessary documents an...
2023.10.03 Demurrer 362
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.10.03
Excerpt: ... 2018, WETI's outstanding 1,000,000 shares were held as follows: 653,061 by Plaintiff, 100,000 by Claire Education Management Inc. and 246,939 by Pico Global LLC (of which Plaintiff is the managing member). In April 2018, Huandan Luan (“Luan”) approached Plaintiff with a business proposal, wherein Luan and her company, Brighten Investment Group, Inc. (“Brighten”) would invest money in WETI in exchange for the opportunity to apply for an i...
2023.09.29 Motion for Preliminary Injunction, to Vacate a Null and Void Disposition 430
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.29
Excerpt: ..., 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 Abhari serving as a silent partner of Sha...
2023.09.28 Motion for Mandatory Dismissal for Failure to Serve Complaint Within Three Years of Filing Action 127
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.28
Excerpt: ... a “strip mall” consisting of several units which were occupied by businesses owned by Brian Lai (“B. Lai”), including 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 abou...
2023.09.28 Motion for Judgment on the Pleadings to SAC 291
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.28
Excerpt: ...emale, has worked for the California Department of Corrections and Rehabilitation (“CDCR”) for 24 years and holds the rank of Parole Agent III, Unit Supervisor, at the DAPO's El Monte GPS Parole Unit. In July 2017, Plaintiff overheard an African American colleague, Miatta Watts (“Watts”), refer to other CDCR department employees as “The Mexicans” to supervisor Ron Warner, a Caucasian male (“Watts/Warner incident”). Warner did not ...
2023.09.26 Motion to Compel Further Responses 835
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.26
Excerpt: ...he notice of ruling. Background Plaintiff Albertina Acevedo (“Plaintiff ”) alleges as follows: On November 23, 2020, Plaintiff purchased a 2021 Chevrolet Silverado, VIN #3GCPWDED9MG132613 (“subject vehicle”). General Motors LLC (“Defendant”) undertook to preserve or maintain the utility or performance of the subject vehicle via express warranties accompanying the sale of the subject vehicle. The subject vehicle suffers from engine, el...
2023.09.26 Demurrer to SAC 396
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.26
Excerpt: ...ge as follows: Sometime in 2019, Rajinder Adlakha (“Rajinder”) approached Vasisht about selling a commercial property and a business located thereon to Plaintiff. 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-da...
2023.09.26 Demurrer 126
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.26
Excerpt: ...een 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- Community Hospital on December 21, 2020, but received negligent care fro...
2023.09.19 Motion for Preliminary Injunction 609
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.19
Excerpt: ... and/or neglect, including dilapidated and fire damaged structures. Defendants have failed to comply with multiple notices and correspondence issued by Plaintiff. On July 27, 2021, Plaintiff filed a complaint, asserting causes of action against Defendants EML, LLC (“EML”), Mohamed Iqbal Bholat (“Bholat”) (collectively, “Defendants”) and Does 1-50 for: 1. Public Nuisance 2. Municipal Code Violations 3. Declaratory and Injunctive Relief...
2023.09.18 Special Motion to Strike 601
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.18
Excerpt: ...orene"), Richard Fannan ("Fannan") and Vincent Quigg ("Quigg") (together, "Defendants") filed a "false and friwlous complaint" against Plaintiffs in probate court, Case No. YP0011705. Aimee suffered a mild heart attack during trial proceedings. Sandra has received documents from Quigg under Case No. 15N00433 which instruct her to go to court and indicate that she owes a balance of $81,364.00. Before the court date Plaintiffs received a letter sta...
2023.09.18 Motion to Compel Further Responses, for Sanctions 967
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.18
Excerpt: ...urther Responses to Form Interrogatories, Set 1 is DENIED as MOOT, except as to the issue of sanctions. Sanctions are awarded in the reduced amount of $660.00 and are payable within 30 days from the date of the notice of ruling. Background [1] Plaintiff Glorious Sky, LLC (“Glorious Sky”) alleges as follows: On May 3, 2022, a written agreement was made between Glorious Sky and Defendant MT Hermon LLC (“MT”) for bitcoin mining hosting and r...
2023.09.18 Motion to Compel Deposition of PMK 798
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.18
Excerpt: ...other, 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, s...
2023.09.14 Motion to Compel Arbitration 967
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.14
Excerpt: ...s, Inc. (MN), Polaris Sales, Inc., Polaris Industries, Inc. (DE) (collectively, “Polaris”), Seidner Enterprises LLC dba Bert's Mega Mall (“Seidner”), Cheyenne Rey (“Rey” and collectively with Polaris and Seidner as “Defendants”) and Does 1-100 for: 1. Strict Product Liability 2. Negligence 3. Failure to Warn 4. Negligent Recall 5. Violation of Cal. Bus. Prof. Code §§ 17200, et seq. On December 5, 2022, Polaris filed a cross-comp...
2023.09.13 Application for Default Judgment 006
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.13
Excerpt: ...resa R. Baker, Irrevocable Trust Dated 09/02/97 (“JB”) in 2003, and acquired title to the subject property via a grant deed recorded January 13, 2003 (“Grant Deed-1”). Through mistake, error and/or inadvertence, the legal description in Grant Deed-1 fails to include certain language. The deed of trust recorded on January 13, 2003 (“DOT”) likewise contains the same erroneous legal description. On April 7, 2006, Judy, who originally acq...
2023.09.13 Demurrer 085
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.13
Excerpt: ...s 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 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. Plaintiff t...
2023.09.13 Motion to Compel Further Responses 880
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.13
Excerpt: ...Plaintiffs filed a complaint, asserting a cause of action against Defendant and Does 1-10 for: 1. Violation of Song-Beverly Act—Breach of Express Warranty A Case Management Conference is set for September 13, 2023. Legal Standard “[T]he demanding party may move for an order compelling further response to the demand if the demanding party deems that. . . (1) A statement of compliance with the demand is incomplete[,] (2) A representation of ina...
2023.09.12 Motion for Reconsideration, to Expunge Lis Pendens 255
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.12
Excerpt: ... (“subject property”). On June 23, 2020, 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 marijuana cultivation facilities, containing numerous marijuana products in various stages of production. During the search, the Police encountered Defendants Timothy Earl Nilan (“Nilan”), Ivan ...
2023.09.12 Demurrer 968
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.12
Excerpt: ...) are married; Plaintiff is Citalli's father. In 1991, Plaintiff and his wife, Irene Gutierrez (“Irene”), purchased the property located at 2211 S. San Antonio Avenue, Pomona, CA 91766 (“subject property”). On May 16, 2002, Plaintiff and Irene refinanced and removed Maurilo and Ana Gutierrez from the deed. Plaintiff thereafter added Salvador E. Gutierrez (“Salvador”), to the title for co-signing purposes. Citalli returned to the subje...
2023.09.11 Motion to Strike, to Deem RFAs Admitted, for Sanctions 154
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.11
Excerpt: ...hat the truth of all matters specified in Plaintiffs' Requests for Admissions, Set No. One, deemed admitted against San Dimas PC. Sanctions are awarded in the reduced amount of $525.00 and are payable within 30 days from the date of the notice of ruling. 3. Plaintiffs Paul K. Schrieffer and Norma N. Schrieffer's Motion to Deem Requests for Admissions, Set One to San Dimas Pet Clinic Admitted is GRANTED. Pursuant to Code of Civil Procedure § 2033...
2023.09.06 Petition to Confirm Contractual Arbitration Award 408
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.06
Excerpt: ...l Enterprises, Inc. (Spectrum). On October 27, 2022, the court denied the First Petition without prejudice. On March 24, 2023, Petitioner filed the instant petition (“Amended Petition”). Legal Standard “Any party to an arbitration in which an award has been made may petition the court to confirm, correct, or vacate the award.” (Code Civ. Proc., § 1285.) “A petition to confirm an award shall be served and filed not later than four years...
2023.09.06 Demurrer 895
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.06
Excerpt: ...ial property located at 2551 Yorkshire Way, Pomona CA 91767 (“subject property”) from September 2018 to July 2019. The subject property was owned by Defendants Finnian Ebuehi (“Finnian”) and Elizabeth Ebuehi (“Elizabeth”) from August 13, 2018 to on or about April 27, 2020. The subject property suffered from numerous habitability issues during Plaintiff's tenancy, which Finnian and Elizabeth failed to ameliorate. On February 15, 2023, ...
2023.09.05 Motion to Correct Record, for Preliminary Injunction, to Void Transfer of Community Property 000
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.05
Excerpt: .... (“Aknine”), Key Ecommerce Inc. (“KEI”) and Yizhong Chen (“Chen”) (together, “Plaintiffs”) allege as follows: Plaintiffs' former employee, Zhongliang Wang (“Wang”), embezzled at least $4.5 million (“Stolen Funds”) from Plaintiffs' various business bank accounts between August 26, 2022 and September 9, 2022 and transferred the Stolen Funds to various bank accounts solely controlled and managed by him, including those opene...
2023.09.01 Demurrer to FAC 044
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.09.01
Excerpt: ...aths of travel which denied Plaintiff full and equal access. The Store is owned by Defendants Kevin Wejeh Diab (“Diab”), Fayad Elias Kassis (“Kassis”) and George Bahij Soukie (“Soukie”). On April 20, 2023, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Diab, Kassis and Soukie for: 1. Violation of The Unruh Civil Rights Act 2. Violation of the California Disabled Persons Act A Case Management ...
2023.08.29 Motion for Summary Judgment, Adjudication 127
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.29
Excerpt: ...� consisting of several units which were occupied by businesses owned by Brian Lai (“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 ...
2023.08.29 Motion for Judgment on the Pleadings 546
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.29
Excerpt: ...�), Rachel Chico (“Rachel”) and Frank Chico (“Frank”) allege as follows: In about January 2019, Antonio Chico (“Antonio”) was a patient at Riverside Heights Healthcare Center (“RHHC”) and Glendora Community Hospital. Defendants transferred Antonio from RHHC to Glendora Hospital shortly before his death. Antonio had a gastrointestinal hemorrhage during his hospital at Glendora Hospital, which was entirely preventable and not recogn...
2023.08.25 Demurrer, Motion to Strike 950
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.25
Excerpt: ...ction, and will require an offer of proof if so. 2. Defendants Infinity Care of East L.A., Inc.'s, Mohammad Kamdar's, Bina Kamdar's and Saif Amin's Motion to Strike Portions of Plaintiff's First Amended Complaint is DENIED as MOOT. Background Case No. 22PSCV00950 Hafiz alleges as follows: In or around 2007/2008, H. Amin, individually and as an agent or representative of all other defendants, accepted $400,000.00 from Hafiz and used that money to ...
2023.08.24 OSC Re Preliminary Injunction 436
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.24
Excerpt: ... 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 each delivery and delivering same to a warehouse in El Monte where SWAP and MMS are located. On May 11, 2023, Plaintif...
2023.08.23 Demurrer 705
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.23
Excerpt: ... a mortgage loan on the subject property from Freedom Immigration Bonds & Insurance Services, Inc. (“Freedom”) in the amount of $20,000.00, which was memorialized by a recorded deed of trust. The maturity due date is undisclosed. On July 9, 2019, a “Notice of Default and Election to Sell Under a Deed of Trust” was recorded. On March 15, 2023, a “Notice of Trustee's Sale” was recorded. The sale date was initially set for April 12, 2023...
2023.08.23 Motion to Continue Trial 240
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.23
Excerpt: ...ober 29, 2019, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants C&L Refrigeration Corporation (“C&L”), Angle Ironworks, Inc. (“Angle”) and Does 1-50 for: 1. Negligence 2. Premises Liability On January 3, 2020, Plaintiff filed an “Amendment to Complaint,” wherein GB Metal Fabricators, Inc. (“GB Metals”) was named in lieu of Doe 1. On March 11, 2020, GB Metals filed a cross-complaint, assertin...
2023.08.23 Motion for Leave to File FAC 008
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.23
Excerpt: ...8.50, payable via eight payments of $13,570.00. JSI has failed to make the required payments. On September 7, 2022, SCI filed a complaint, asserting causes of action against JSI and Does 1-25 for: 1. Breach of Contract 2. Book Account 3. Goods Sold and Delivered On April 11, 2023, JSI filed a cross-complaint, asserting causes of action against SCI, Chetan Doshi and Roes 1-25 for: 1. Breach of Contract 2. Money Due and Owing—Unjust Retention 3. ...
2023.08.23 Motion to Amend Judgment to Name Alter Ego Debtors, to Modify Powers of Court Appointed Receiver 025
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.23
Excerpt: ...d Plaintiffs Elizabeth Taylor (“Taylor”) and Chasity Jones (“Jones”) (together, “Plaintiffs”) allege as follows: Defendant Alkiviades David (“David”) was, at all relevant times, the President, CEO and managing agent of Defendants Hologram USA, Inc. (“Hologram”), Hologram USA Entertainment, Inc. (“Hologram Entertainment”), FilmOn Media Holdings, Inc. (“FilmOn”), FilmOn.TV, Inc. (“FilmOn TV”), FilmOn.TV Networks, Inc...
2023.08.22 Motion to Strike 807
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.22
Excerpt: ...tiff's car was vandalized in February 2023 and sustained damages after hitting a pothole in March 2023. Following the vandalism, Defendant paid for a rental vehicle for 18 out of the 30 days granted by Plaintiff's policy, denied her claim, required Plaintiff to pay for the cost of repair and failed to respond to Plaintiff when she provided further evidence. After the pothole incident, Defendant offered Plaintiff $900 to “total” her car. Defen...
2023.08.22 Motion to Deem RFAs Admitted, for Sanctions 609
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.22
Excerpt: ... Defendant SA Hospital Acquisition Group, LLC is DENIED as MOOT, except as to the issue of sanctions. Sanctions are imposed against SA Acquisition in the reduced amount of $341.65 and are payable within 30 days from the date of the hearing. 3. Plaintiff B.R. Building Resources Company's Motion to Deem Requests for Admission, Set One, Admitted Against Defendant Lawrence Feigen is DENIED as MOOT, except as to the issue of sanctions. Sanctions are i...
2023.08.18 Motion to Compel Further Responses, for Sanctions 678
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.18
Excerpt: ...iled an “Amendment to Complaint,” wherein Amazon.com, Inc. was named in lieu of Doe 1. On April 13, 2023, Plaintiff filed three “Amendment[s] to Complaint,” wherein Amazon.com Logistics, Inc. was named in lieu of Doe 2, Amazon.com, LLC was named in lieu of Doe 3 and Amazon.com, Services, LLC was named in lieu of Doe 4. On May 24, 2023, Plaintiff filed an “Amendment to Complaint,” wherein Amazon Logistics, Inc. (“ALI”) was named in...
2023.08.17 Motion to Compel Responses 700
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.17
Excerpt: ... Maria are each ordered to pay sanctions in the reduced amount of $270.00, which are payable within 30 days of the notice of ruling. Plaintiff is ordered to pay an additional $60.00 in filing fees at or before the time of the hearing. 2. Plaintiff Maria L. Torres, individually and as Trustee of The Jose Ascencion Torres and Maria L. Torres Revocable Trust Dated February 19, 2022's Motion to Compel Responses to Form Interrogatories is GRANTED. Rod...
2023.08.16 Motion for Leave to File Motion for Summary Judgment 293
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.16
Excerpt: ... fix up, and then sell and split any profits equally. Plaintiff and Defendant purchased the property located at 3414 Patritti Avenue, Baldwin Park, California 91706 (“subject property”) for approximately $525,000.00 on December 17, 2020. Plaintiff and Defendant agreed that Defendant would obtain the financing to purchase the subject property and that once escrow closed Plaintiff would be placed on title to same as a one-half joint owner. Plai...
2023.08.15 Motion to Compel Further Responses 775
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.15
Excerpt: ...transmission which has a design defect causing “harsh shifts” in lower gears (“Transmission Defect”). General Motors LLC (“Defendant”) knew or should have known about the Transmission Defect before the subject vehicle was sold to Plaintiff. On November 14, 2022, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Defendant and Does 1-10 for: 1. Violation of Song-Beverly Act—Breach of Express War...
2023.08.15 Motion for Attorney Fees 674
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.15
Excerpt: ...Plaintiff. Young promised to repay Plaintiff upon Plaintiff's demand, and to pay interest at 10%/annum in the interim. At the time of the agreement, Young, Chung and Hoon represented that they owned high value real properties with sufficient equity to cover the loan which they would put up as collateral. Chung and Hoon provided Plaintiff with deeds of trust to real property (i.e., the Cathedral City and San Jacinto Properties, respectively) which...
2023.08.15 Demurrer to FAC 839
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.15
Excerpt: ...-compliant conditions, including the lack of an accessible route from the public right-of-way and pathways leading to the entrance of the Business which contain cross-slopes measuring in excess of the maximum grade allowed. The Business is owned by Defendant La Puente Company LLC (“Defendant”). On June 2, 2023, Plaintiff filed a First Amended Complaint (“FAC”), asserting a cause of action against Defendant and Does 1-10 for: 1. Violation ...
2023.08.11 Motion for Summary Judgment 634
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.11
Excerpt: ...ject property”). The elevator at the subject property is only accessible with a key at every level. On or about October 6, 2016, Plaintiff was directed by VNA to attend a meeting on the second floor of the subject property. A VNA representative used a key to access the elevator and transport Plaintiff to the meeting. When the meeting ended, Plaintiff was advised that there were no keys available, such that the elevator was inaccessible. Plainti...
2023.08.10 Demurrer to FAC 720
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.10
Excerpt: ... Amazon warehouse; instead, the goods were delivered to a close‐by Amazon warehouse. On March 10, 2023, Plaintiff Þled a complaint, later amended, asserting the following causes of action: 1. Fraud and Deceit 2. Breach of Contract 3. Violation of Cal. Bus. & Prof. Code § 17200, et seq. 4. Unjust Enrichment A Case Management Conference is set for Au g u s t 10, 2023. Legal Standard A demurrer may be made on the grounds that the pleading, inte...
2023.08.10 Motion for Attorney Fees 650
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.10
Excerpt: ...cessary delay, the court shall award costs and reasonable attorneyʹs fees to a plaintiff prevailing on the motion, pursuant to Section 128.5. Discussion Defendant argues that he is entitled to attorney's fees pursuant to CCP § 425.16(1)(c) and Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App 4th 869. In Yang, the Court of Appeal held that the trial court lacked jurisdiction to rule on merits of anti‐SLAPP motion after voluntary dismi...
2023.08.10 Motion to Compel Further Responses, for Sanctions 779
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.10
Excerpt: .... Code § 17200 et seq.) 2. Intentional Interference with Contractual Relations 3. Negligent Interference with Contractual Relations 4. Intentional Interference with Prospective Economic Advantage 5. Negligent Interference with Prospective Economic Advantage 6. Misappropriation of Trade Secrets. Defendant WeiHua Zhu filed a cross-complaint on February 26, 2020, asserting causes of action for: 1. Breach of Oral Contract 2. Unjust Enrichment Plaint...
2023.08.04 Motion for Attorney Fees 706
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.04
Excerpt: ... Code §§ 1791.2(a); 1794) 5. Breach of Implied Warranty of Merchantability (Civil Code §§ 1791.1; 1794) On March 21, 2023, Plaintiff Ðiled a motion for attorney's fees. On May 3, 2023, Defendants Ðiled an opposition. On July 27, 2023, Plaintiff Ðiled a reply. Request for Judicial Notice The court grants Plaintiff 's request for judicial notice in full. Discussion The Song-Beverly Act provides, “[i]f the buyer prevails in an action und...
2023.08.04 Demurrer to SAC 602
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.04
Excerpt: ...) 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. (SAC, ¶ 7.) The Contract was to continue thereafter until terminated in writing with 60 days' notice, which was never provided. (Id.) Plaintiff is owed money for unpaid amounts incurred during the 12-month init...
2023.08.03 Demurrer, Motion to Strike 430
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.03
Excerpt: ...vely, the “Plaintiffs”) allege as follows: On May 2, 2020, Gordes Hospitality, 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 ...
2023.08.02 Demurrer 436
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.02
Excerpt: ...Global Inc. (“2Cube”) (together, “Plaintiffs”) allege as 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. Fro...
2023.07.31 Demurrer 411
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.31
Excerpt: ...er of attempts. On May 10, 2023, Plaintiff filed a complaint, asserting causes of action against Defendants Ford Motor Company (“FMC”), WC Performance Ford Inc. dba Performance Ford (“Performance Ford”) and Does 1- 10 for: 1. Violation of Song-Beverly Act—Breach of Express Warranty 2. Negligent Repair A Case Management Conference is set for October 10, 2023. Legal Standard A demurrer may be made on the grounds that the pleading, inter a...
2023.07.28 Motion to Expunge Lis Pendens 255
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.28
Excerpt: ...�Police”) executed a search warrant at the subject property. While executing the warrant, the Police observed that the subject property had been converted into marijuana cultivation facilities, containing numerous marijuana products in various stages of production. During the search, the Police encountered Defendants Timothy Earl Nilan (“Nilan”), Ivan Chacon (“Chacon”), Christian Soto (“Soto”) and Antonio Ramirez (“Ramirez”) in ...
2023.07.28 Motion to Compel Responses, for Sanctions 032
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.28
Excerpt: ...ced amount of $360.00 and are payable within 30 days of the date of the notice of ruling. 2. Plaintiff City of El Monte's Motion to Compel Defendant Dank Dynasty LLC's Responses to Demand for Production of Documents, Set No. One is GRANTED [see below]. Dank Dynasty LLC is to provide verified responses, without objections, to Plaintiff's Requests for Production of Documents and Things, Set No. One, within 20 days from the date of the notice of rul...
2023.07.27 Motion for Summary Judgment, Adjudication 039
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.27
Excerpt: ...etainer against Defendant The House of Scoops, LLC (“Defendant”) and Does 1-5. A Case Management Conference is set for September 1, 2023. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield ...
2023.07.26 Motion to Quash Subpoena, for Sanctions, to Modify Subpoena and for Protective Order 054
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.26
Excerpt: ...nnedy, IV (“D. Kennedy”) and Juliet Ru-Yi Chung (“Chung”), by and through Kennedy Capital Partners International, Inc. (“Kennedy Capital”), to purportedly fund the production of television and film projects. Plaintiff has not been repaid. On December 16, 2021, Plaintiff filed a verified complaint, asserting causes of action against D. Kennedy, Chung, Diana Yi Wei Cheng (“Cheng”), Rosemary Kennedy (“R. Kennedy”), Vanessa Yao Gu...
2023.07.26 Motion to Compel Responses to be Amended 428
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.26
Excerpt: ... Documents and Produce Responsive Documents is CONTINUED to September 26, 2023 at 9:30 a.m. [see below]. Background [1] Plaintiff Maria Angela Rodriguez (“Angie”) alleges as follows: Angie, Jorge Rodriguez (“Jorge”), Roberto Rodriguez (“Roberto”) and Richard Yarruths Rodriguez (“Richard”) (collectively, “Siblings”) are siblings; Mercado Latino, Inc. (“Mercado”) and Grosac, Inc. (“Grosac”) were founded by their father, ...
2023.07.25 Motion to Bifurcate Trial 137
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.25
Excerpt: ...greed to invest $50,000.00 in YYP's project under each Agreement for a total of $200,000.00. YYP, in turn, agreed to repay Plaintiff the principal amount, plus a $5,000.00 profit, by July 6, 2018. YYP was unable to make payment on July 6, 2018, so on July 17, 2018, Plaintiff and YYP entered into a Supplemental Agreement in which YYP agreed to pay $5,000.00 by July 20, 2018 and $174,155.66 by August 10, 2018. On July 17, 2018, Ye executed a Person...
2023.07.25 Demurrer 598
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.25
Excerpt: ...ntiff full and equal access. The Store is owned by Defendants No Uoong Ki (“Ki”) and Eun Mi Choi (“Choi”). On March 1, 2023, Plaintiff filed a complaint, asserting causes of action against Ki and Choi for: 1. Violation of The Unruh Civil Rights Act 2. Violation of the California Disabled Persons Act A Case Management Conference is set for July 25, 2023. Legal Standard A demurrer may be made on the grounds that the pleading, inter alia, do...
2023.07.24 Motion to Set Aside Default, Judgment 787
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.24
Excerpt: ...t breached the Agreement. On July 28, 2022, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1-10 for: 1. Breach of Contract On November 15, 2022, Defendant's default was entered. On December 9, 2022, default judgment was entered. Legal Standard Code of Civil Procedure Section 473.5 “When service of a summons has not resulted in actual notice to a party in time to defend the action. . . , he or she may serve a...
2023.07.24 Motion to Dismiss Complaint, for Sanctions 619
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.24
Excerpt: .... Yang was sexually harassed and beat by the individual hired to perform security and maintenance at the building. Li and Xuan turned off the air condition to the subject property in an attempt to get Yang to pay more rent. Li and Xuan have failed to address habitability issues at the building. Li and Xuan discriminate against Yang on the basis of her sex. On June 22, 2022, Yang filed a “Complaint of Frauds, Blackmail, Harassment, Assault, and ...
2023.07.24 Demurrer to SACC 134
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.24
Excerpt: ...y 13, 2015 incorporation. On or about May 10, 2019, Hyung agreed in writing to sell 51% of the outstanding shares of TSI to Taijin USA (“Taijin”) for $1,000,000.00; consequently, Hyung's ownership interests in TSI was reduced to 49%. Hyung continued to act as a TSI officer and director. Hyung was to be in charge of sales and inventory commencing June 1, 2019. On or about February 3, 2021, there was a dispute between TSI's shareholders. TSI al...
2023.07.20 Motion for Security Undertaking 340
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.20
Excerpt: ...led a complaint, asserting causes of action against TARPWR, Inc. dba Flappy Jack's Pancake House (“TARPWR”) and Does 1-30 for: 1. Premises Liability 2. General Negligence On November 10, 2022, TARPWR filed a cross-complaint, asserting causes of action against Roes 1-20 for: 1. Total Indemnity 2. Declaratory Relief—Implied Partial Indemnity 3. Declaratory Relief—Equitable Apportionment 4. Express Indemnity A Case Management Conference is s...
2023.07.20 Motion for Reconsideration 849
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.20
Excerpt: ...Plaintiff in Plaintiff's backyard. Plaintiff advised Li and Zhen that he intended to move into the ADU and wanted the ADU to have a separate and independent water, gas and electric meters. The parties thereafter entered into a contract and Plaintiff paid $170,000.00 towards the $180,000.00 projected costs as construction progressed. On August 15, 2019, Li prepared a change order, which set forth additional costs of $21,965.00 for items related to...
2023.07.19 Application for Default Judgment 983
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.19
Excerpt: ...d to lease the Premises for a period of two years to Food Max in exchange for Food Max's payment of rent. Biao Yin aka William Yin (“Yin”) signed a Guaranty of Lease. Food Max thereafter failed to pay rent and failed to vacate the Premises, requiring Plaintiff to initiate unlawful detainer proceedings against Food Max. Food Max subsequently vacated the Premises; however, after regaining possession of the Premises, Plaintiff discovered that Fo...
2023.07.19 Application for Default Judgment 982
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.19
Excerpt: ...d to lease the Premises for a period of two years to Food Max in exchange for Food Max's payment of rent. Biao Yin aka William Yin (“Yin”) signed a Guaranty of Lease. Food Max thereafter failed to pay rent and failed to vacate the Premises, requiring Plaintiff to initiate unlawful detainer proceedings against Food Max. Food Max subsequently vacated the Premises; however, after regaining possession of the Premises, Plaintiff discovered that Fo...
2023.07.18 Motion to Compel Compliance with Discovery Responses, for Sanctions 866
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.18
Excerpt: ...otion to Compel Further Responses to Request for Production from Defendant FCA US LLC is GRANTED. FCA is to provide further, Code‐compliant responses without objections within 20 days from the date of the notice of ruling [see below]. Sanctions are awarded in the reduced amount of $1,185.00 and are payable within 30 days from the date of the notice of ruling. Background Plaintiffs Jesus Garcia Ibanez aka Jesus I Garcia and Fatima Sandoval (toge...
2023.07.17 Motion to Compel Further Responses, for Sanctions 967
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.17
Excerpt: ...r Responses to Form Interrogatories, Set 1 is DENIED as MOOT, except as to the issue of sanctions. Sanctions are awarded in the reduced amount of $510.00 and are payable within 30 days from the date of the notice of ruling. Background [1] Plaintiff Glorious Sky, LLC (“Glorious Sky”) alleges as follows: On May 3, 2022, a written agreement was made between Glorious Sky and Defendant MT Hermon LLC (“MT”) for bitcoin mining hosting and relate...
2023.07.17 Motion for Leave to Amend Complaint 378
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.17
Excerpt: ...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 Plaintiff's affiliated organization, Kingston Financial, as a loan officer. Lucy had been Plaintiff's domestic partner from 2000-2014. Lucy learned of the transaction and expressed interest in the subject property. Plaintiff and Lucy agreed to split the equity in the subjec...
2023.07.14 Motion to Amend Judgment to Add Alter Ego Judgment Debtors 148
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.14
Excerpt: ...ges as follows: On March 13, 2017, Four Season Travel LLC (“Four Season Travel”) entered into Combination Loan and Security Agreement No. 429587-700 (“Contract No. 700”) with Grech Financial Services Inc. dba Edson Financial (“Edson”), wherein Edson financed the acquisition of Prevost commercial vehicles bearing VIN Nos. 2PCH33498HC713768, 2PCH3349XHC713769 and 2PCH33496HC713770 (collectively, “Vehicle No. 1”). On April 12, 2018, ...
2023.07.13 Motion to Compel Contractual Arbitration 967
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.13
Excerpt: ...(collectively, “Polaris”), Seidner Enterprises LLC dba Bert's Mega Mall (“Seidner”), Cheyenne Rey (“Rey”) and Does 1-100 for: 1. Strict Product Liability 2. Negligence 3. Failure to Warn 4. Negligent Recall 5. Violation of Cal. Bus. Prof. Code §§ 17200, et seq. On December 5, 2022, Polaris filed a cross-complaint, asserting causes of action against Rey for: 1. Indemnification 2. Apportionment of Fault 3. Negligence On December 7, 20...
2023.07.12 Motion to Consolidate 379
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.12
Excerpt: ...laintiffs were home. On July 12, 2022, Plaintiffs filed a complaint, asserting causes of action against Chu for: 1. General Negligence 2. Intentional Tort 3. Premises Liability On February 3, 2023, Department 1 reassigned the case to this instant department. On February 16, 2023, the court related Case Nos. 22STCV22379 and 22NWCV00607; Case No. 22STCV22379 was designated the lead case. A Status Conference Re: PI Complicated Cases is set for July ...
2023.07.12 Motion to Amend Judgment, to Modify Powers of Court Appointed Receiver 025
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.12
Excerpt: ...icated Issue: Jurisdiction] 3. Hearing on Third Party Claim Background [1] Plaintiffs Elizabeth Taylor (“Taylor”) and Chasity Jones (“Jones”) (together, “Plaintiffs”) allege as follows: Defendant Alkiviades David (“David”) was, at all relevant times, the President, CEO and managing agent of Defendants Hologram USA, Inc. (“Hologram”), Hologram USA Entertainment, Inc. (“Hologram Entertainment”), FilmOn Media Holdings, Inc. (...
2023.07.12 Motion for Award of Expenses of Proof of Facts 438
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.12
Excerpt: ...ent whereby Belco would purchase Lincoln's existing assets, including heavy equipment, a fleet of vehicles and its inventory of existing contracts. On October 27, 2014, Lincoln sued Belco in case styled Lincoln Pacific Builders, Inc. v. Elecnor Belco Electric, Case No. KC067245 (“Underlying Action”) for failure to make timely payments on the sale of assets; in turn, Belco filed a cross-complaint against Lincoln. Lincoln was granted summary ju...
2023.07.11 Petition to Compel Appraisal and Stay Litigation 403
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.11
Excerpt: ...t Golden Bear Insurance Company (“Golden Bear”) for the property located at 13467 Dalewood Street, Baldwin Park, CA 91706 (“Property”). During the term of the policy, Plaintiffs' Property suffered substantial physical damage, including damage to the firewall, the food grade epoxy flooring, the ductwork and exhaust lines, fire sprinkler system and drainage lines, copper wiring, and the security and electrical systems (the “Claim”). As ...
2023.07.11 Motion to Compel Deposition, Mental Exam 269
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.11
Excerpt: ...D without prejudice. Background Plaintiff Isaiah Haywood, a minor, by and through his Guardian ad Litem, Rose Ham (“Plaintiff”) alleges as follows: Plaintiff was a special needs student at Harrison Elementary School (“school”) in Pomona. In 2018 and 2019, Plaintiff was repeatedly subjected to verbal and physical abuse by school employees because of his disabilities. On March 12, 2021, Plaintiff filed a complaint, asserting causes of actio...
2023.07.11 Motion for Summary Judgment 991
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.11
Excerpt: ...Does 1-10. On February 14, 2023, All Unknown Occupants in Possession's default was entered. A Trial Setting Conference is set for July 21, 2023. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfie...
2023.07.10 Motion to Compel Initial Responses, for Sanctions 889
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.10
Excerpt: ... in the reduced amount of $310.00 and are payable within 30 days of the date of the notice of ruling. 2. Plaintiff Guangliang Zeng's Motion to Compel Initial Responses to First Set of Form Interrogatories—General Propounded on Defendant California Investment Regional Center LLC is GRANTED. CIRC is to provide verified responses, without objections, to Plaintiff's Form Interrogatories, Set No. One, within 20 days from the date of the notice of ru...
2023.07.10 Motion to Compel Deposition, Demurrer 000
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.10
Excerpt: ...s follows: Plaintiffs' former employee, Zhongliang Wang (“Wang”), embezzled at least $4.5 million (“Stolen Funds”) from Plaintiffs' various business bank accounts between August 26, 2022 and September 9, 2022 and transferred the Stolen Funds to various bank accounts solely controlled and managed by him, including those opened in the names of AZ Express Group Inc. (“AZ Express”), KB Int'l Inc. (“KB Int'l”), Luckie Trading LLC (“L...
2023.07.10 Motion for Judgment on the Pleadings 084
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.10
Excerpt: ...anty contract with Ford Motor Company (“FMC”) regarding a 2018 Ford F-150, VIN No. 1FTEW1EG6JFE68832 (“subject vehicle”). FMC knew that the 10R80 10 speed automatic transmission installed in the subject vehicle was defective but failed to disclose same to Plaintiff at the time of the sale and thereafter. On January 11, 2023, Plaintiff filed a complaint, asserting causes of action against FMC, Puente Hills Ford and Does 1-10 for: 1. Violat...
2023.07.07 Special Motion to Strike 796
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.07
Excerpt: ... a complaint, asserting causes of action against Brown and Does 1-25 for: 1. Elderly Abuse of a Two Wars Veteran 2. Abuse of the Mentally Challenged 3. Perjury, Suborning Perjury On April 11, 2023, the court related Case Nos. 22PSCV01726 and 22PSCV01796 and designated Case No. 22PSCV01726 as the lead case. On April 13, 2023, the court granted Brown's “Special Motion to Strike Pursuant to Code of Civil Procedure § 425.16.” An Order to Show Ca...

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