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...

Excerpt: ...Regarding the Deposition of Cheyenne Rey is CONTINUED to April 10, 2024 at 9:30 a.m. 5. Defendant/Cross-Complainant Seidner Enterprises, LLC dba Bert's Mega Mall's Renewed Motion to Compel Arbitration and Stay Action is DENIED. Background [1] Case No. 22STCV22829 Plaintiffs Mark Karghaian and Natalie Payaslyan (together, “Plaintiffs”) allege as follows: On April 24, 2022, Plaintiffs were passengers in the front passenger seat and rear seat, r...

Excerpt: ... in a 2020 Polaris RZR XP1000 (i.e., an offroad UTV) (“subject vehicle”). Plaintiffs sustained severe injuries after the subject vehicle rolled. On July 15, 2022, Plaintiffs filed a complaint, asserting causes of action against Polaris Industries, Inc., Polaris Sales, Inc., Polaris Industries, Inc. (n/k/a Polaris Inc.), Saba Enterprises, Inc. dba Corona Motorsports (“Saba”) and Does 1-100 for: 1. Strict Products Liability 2. Negligence 3....

Excerpt: ...relating to a cause of action for death or for injury to person . . . shall be presented . . . not later than six months after the accrual of the cause of action.” (Gov. Code § 911.2, subd. (a).) “When a claim that is required by Section 911.2 to be presented not later than six months after the accrual of the cause of action is not presented within that time, a written application may be made to the public entity for leave to present that cl...

Excerpt: ...rious defects and that the subject vehicle has not been repaired after a reasonable number of attempts. On November 8, 2022, Plaintiffs filed a complaint, asserting causes of action against Ford Motor Company (“Defendant”) and Does 1-10 for: 1. Violation of Song-Beverly Act—Breach of Express Warranty 2. Violation of Song-Beverly Act—Breach of Implied Warranty 3. Violation of Song-Beverly Act Section 1793.2(b) On July 18, 2023, a condition...

Excerpt: ... a.m. [see below]. Background Plaintiff Manking ELS, LLC (“Manking”) alleges as follows: On May 19, 2017, Manking entered into a Commercial Lease Agreement (“CLA”) with Enhancer Elsinore, LLC (Enhancer”), Esther Lin (“Lin”) and Walter Lynn (“Lynn”) (collectively, “Defendants”) pertaining to the Elsinore Hot Springs Motel (“Property”). The CLA, which was to be effective on June 16, 2017, called for a three-year lease term...

Excerpt: ...rother, Defendant Adrian Salazar (“Adrian”), and Adrian's wife, Defendant Reina Guevara (“Guevara”). At the party, Ethan “impacted” a sliding glass door, which shattered into large, jagged pieces. One of these pieces pierced Ethan's abdomen. Andrea pulled this piece out of Ethan's abdomen, which further ruptured his organs and muscles. After the incident, Andrea physically and verbally harassed Victoria; although Victoria complained, ...

Excerpt: ...LLC, Smart & Final Properties I, LLC, The Bread Factory Artisans, Inc. (“BFA”) and Does 1-100 for: 1. Premises Liability 2. General Negligence On July 12, 2019, Smart & Final, Inc. and Smart & Final Stores, LLC (erroneously sued as Smart & Final, LLC and Smart & Final Properties I, LLC) (collectively, “Smart & Final”) filed two “Amendment[s] to [Cross-]Complaint,” wherein BFA was named in lieu of Roe 1 and The Bread Factory, Inc. was ...

Excerpt: ...m Tubarao or Ponta Ubu I Braxil to Port Kelang or Labuan in Malaysia between 2009-2017. Limbungan's obligations under the 2009 COA were guaranteed by its parent company, Lion Diversified Holdings BHD (“Lion”) pursuant to a written guarantee dated June 29, 2009 (the “2009 Guarantee”). On June 30, 2014, Plaintiff and Limbungan executed an Addendum No. 1 to the 2009 COA which increased the number of shipments to 59. Likom Caseworks USA (“L...

Excerpt: ...o Show Cause Re: Failure to File Proof of Service are set for January 30, 2024. Legal Standard A demurrer may be made on the grounds that the pleading, inter alia, does not state facts sufficient to constitute a cause of action and/or is uncertain. (Code Civ. Proc., § 430.10, subd. (e) and(f).) A demurrer may also be made on the ground that the court has no jurisdiction of the subject of the cause of action alleged in the pleading. (Code Civ. Pr...

Excerpt: ...-Matic 8L90 transmission or Hydra-Matic 8L45 transmission which can cause sudden lurching forward, sudden acceleration, delayed acceleration, delayed downshifting, delayed deceleration and sudden loss of forward propulsion (“Transmission Defect”). The Transmission Defect also causes premature wear to the 8L90 and 8L45 Transmissions' components and other vehicle parts. General Motors LLC (“Defendant”) knew or should have known about the Tr...

Excerpt: ...ding a 2021 Honda Civic, VIN No. 2HGFC2F69MH552933 (“subject vehicle”). The subject vehicle is equipped with a computerized driver-assisting safety system known as “Honda Sensing,” which includes adaptive cruise control, lane departure warnings and steering inputs, and autonomous braking. The Honda Sensing system suffers from a defect that causes the various subsystems within it to malfunction dangerously while the vehicles are driven (�...

Excerpt: ...d Cross‐Complaint is DENIED as MOOT in part (i.e., as to Paragraphs 31 and 51) and GRANTED in part (i.e., as to Paragraphs 23, 44 and Paragraph 2 from the prayer). Rahbar's joinder is GRANTED. Background Plaintiff Annex Walnut Automotive Colors & Supply, Inc. (“Annex”) alleges as follows: Annex is a distributor of automotive and industrial coatings and paint. Rachel M. Darvish ("Darvish"), Keyvan Rahbar (“Rahbar”) and Maryam Rouillard (...

Excerpt: ...Creekside. The System's pumps were manufactured with undersized impeller blades, which caused issues with the flow and pressure. BPC failed to promptly remedy the operational and performance issues with the System, which resulted in the City of La Verne (“City”) imposing a sales and building moratorium and ultimately resulted in the City's revocation of permits. On October 22, 2019, BPC filed a cross-complaint, asserting causes of action agai...

Excerpt: ...ffs are in the business of providing logistics and warehousing services for imports of goods from China to the United States. 2Cube acts as a “3PL” or third party logistics provider for WMI by procuring transportation services for delivery orders received by WMI. Xiaojun Xu (“Xu”) was hired by 2Cube as a truck driver to deliver various goods to customers. From approximately January 2023 to present, Xu conspired with Pak Ho Lo (“Lo”), ...

Excerpt: ...le within 30 days of the date of the hearing. Background Plaintiffs Ricky Trujillo and Gina Trujillo (“Plaintiffs”) allege as follows: On April 16, 2022, Plaintiffs purchased a new 2022 Chevrolet Silverado, VIN No. 3GCUDFEDXNG532475 (“subject vehicle”). The subject vehicle suffers from various defects which have not been repaired within a reasonable number of attempts. On April 17, 2023, Plaintiff filed a complaint, asserting causes of ac...

Excerpt: ... Benjamin Kirk (“Kirk”) alleges as follows: On January 19, 2021, Kirk, as manager of Butterfield Property LLC (“Butterfield”), and SVPP Properties LLC (“SVPP”) entered into a lease to purchase agreement for the property located at 761 Corporate Center Drive in Pomona, California (“subject property”). In June 2021, Lucy Seh (“Lucy”) joined Kirk's affiliated organization, Kingston Financial, as a loan officer. Lucy had been Kirk...

Excerpt: ...nder Clinic”) and Does 1-10 for: 1. Motor Vehicle 2. General Negligence 3. Intentional Tort On January 15, 2019, Plaintiffs dismissed Kinder Clinic, with prejudice. On June 14, 2019, Sagar filed a First Amended Cross-Complaint, asserting a cause of action against Coleman and Roes 1-25 for: 1. Damages and Specific Performance On January 29, 2021, an “Order Granting Motion for Summary Adjudication of Issues” was filed; that same day, the cour...

Excerpt: ...her, “the Lenharts”). Over the course of 11 years, and pursuant to a verbal agreement, Frank loaned the Lenharts over $800,000.00. Frank died on July 19, 2019. The Lenharts still owed Frank $537,720.00 as of the date of Frank's death, including $277,115.00 remaining in uncashed checks. On April 22, 2022, Plaintiff dismissed Leroy, with prejudice. On October 30, 2023, Plaintiff filed a First Amended Complaint, asserting causes of action agains...

Excerpt: ...August 2021-September 9, 2021. Privitera made lewd and vulgar comments in Plaintiff's presence on a repeated basis and made sexual advances to her. On October 5, 2021, Plaintiff filed a complaint, asserting causes of action against Defendants and Does 1- 40 for: 1. Discrimination Based on Sexual Harassment in Violation of FEHA 2. Failure to Timely Pay Wages Owed On December 23, 2021, Endeavors' default was entered. On April 18, 2022, Clinic's def...

Excerpt: ...s not provided meal and rest breaks. In or about September 2022, Plaintiff informed Defendants that she was pregnant. Plaintiff was terminated under the guise of chatting too much with her co-workers. Plaintiff was not paid her wages due upon termination and has not been able to inspect her personnel file. Defendants also failed to pay Plaintiff all of her wages earned and to provide her with accurate itemized wage statements. On July 12, 2023, P...

Excerpt: ...icant sum of money gambling. While in Las Vegas, Zengpeng and Zhengjun met Fai Wong (“Wong”), who represented himself as a casino host. Wong told Zengpeng and Zhengjun that they could not legally return to China with their winnings or otherwise transfer the money to China and that they had to invest the money in the United States. Wong represented that he knew of properties in Las Vegas that could be purchased as an investment for approximate...

Excerpt: ...ting a parking lot and attempting to merge into the flow of traffic. The facts are simple and mostly undisputed. P testified that he was driving in his lane along the roadway when D's vehicle entered his lane and scraped the side of his car. D testified that she was exiting a parking lot in her vehicle slowly and watching for oncoming traffic, but her vision thereof was obstructed by trucks parked curbside. After 5 days of jury trial, the jury fo...

Excerpt: ...odel AH Trailers, VINs # 1UYVS253XJ3292028 and 1UYVS2535J3292034 [“Utilities”]) in exchange for LFT's agreement to make 72 monthly payments of $1,393.08 commencing October 10, 2019 and to grant Plaintiff a security interest in the Utilities. On or about September 10, 2022, LFT failed to make the payment then due and owing. LFT failed to make any further payments thereafter. On or about October 1, 2021, Plaintiff entered into a second written ...

Excerpt: ... to Form Interrogatories (Set One) is GRANTED. Plaintiff is to provide further, Code‐compliant responses to Interrogatories Nos. 2.6, 2.7, 2.13, 6.5, 8.1‐8.8., 10.1, 10.2, 20.2, 20.3, 20.4 and 20.11 within 20 days from the date of the notice of ruling. Sanctions are awarded in the amount of $2,000.00 and are payable within 30 days of the date of the hearing. Background Plaintiff Daniel Pall (“Plaintiff”) alleges that he sustained injuries...

Excerpt: ...(“B. Lai”) (i.e., Central Furniture and Home Store [“Central Furniture”] and Yes 98 Cents, LLC [“Yes 98 Cents”].). B. Lai is believed to be the sole member of AMCA. B. Lai, acting as a listing broker, listed the Property for sale; the listing advertisement stated that Yes 98 Cents was the anchor tenant of the Property. During or about April 2014, after seeing the commercial listing, Plaintiff's representative Gary Tsai (“Tsai”) co...

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 ...

Excerpt: ...ies in an October 18, 2021 motor vehicle collision on the I-10 East in Pomona, California. On October 13, 2023, Plaintiffs filed a complaint, asserting causes of action against Snehal Raj Bhakta (S. Bhakta”), Raj Bhakta (“R. Bhakta”), Jose Alfredo Vargas-Nunez (“Vargas-Nunez”) and Does 1-50 for: 1. Negligence 2. Negligence Per Se 3. Statutory Liability 4. Punitive Damages A Case Management Conference and Order to Show Cause Re: Failure ...

Excerpt: ...ted States. 2Cube acts as a “3PL” or third party logistics provider for WMI by procuring transportation services for delivery orders received by WMI. Xiaojun Xu (“Xu”) was hired by 2Cube as a truck driver to deliver various goods to customers. From approximately January 2023 to present, Xu conspired with Pak Ho Lo (“Lo”), Swap Meet Depot (“SWAP”), MMS Depot (“MMS”) by stealing a portion of goods belonging to Plaintiffs from ea...

Excerpt: ..., Maria C. Barba (“Maria”), died in October 2009. Maria promised Yolanda that once Francisco died, the property located at 4253-4261 Maxson Rd. in El Monte (“Maxson Properties”), which Maria and Francisco owned as joint tenants, would be split between Franky and Yolanda. Francisco agreed with Maria's wishes. After Maria died, Francisco went into a depression and exhibited strange mental behaviors. During the pandemic, Franky began to isol...

Excerpt: ...g plant ("Plant") located in the City of Industry, California. Smith contracted terminal cancer due to toxic emissions from Plant and died by suicide on February 5, 2021. On February 6, 2023, Plaintiff filed a Complaint against Michael Emo, Sean Emo, Qu[elmetco lnc[.] and City of Hope. On February 24, 2023, the case was ordered reassigned from Department 11 to the instant department. On August 15, 2023, Plaintiff filed five "Amendment[s] to Compl...

Excerpt: ...sans, Inc. (“BFA”) and Does 1-100 for: 1. Premises Liability 2. General Negligence On July 12, 2019, Smart & Final, Inc. and Smart & Final Stores, LLC (erroneously sued as Smart & Final, LLC and Smart & Final Properties I, LLC) (collectively, “Smart & Final”) filed two “Amendment[s] to [Cross-]Complaint,” wherein BFA was named in lieu of Roe 1 and The Bread Factory, Inc. was named in lieu of Roe 2. On September 26, 2019, this case was...

Excerpt: ...t Clinic (“San Dimas PC”). Staples from the procedure were left in King's stomach. On June 29, 2023, Plaintiffs filed a First Amended Complaint (“FAC”), asserting causes of action against San Dimas PC, Dhillon and Does 1-50 for: 1. Professional Negligence 2. Professional Negligence 3. Trespass to Chattels 4. Trespass to Chattels 5. Negligent Training and Supervision 6. Negligent Hiring On October 24, 2023, the court granted San Dimas PC a...

Excerpt: ... of Execution or Levy Issued Against Defendant and for an Issuance of an Order Commanding Plaintiff to Return the Funds Already Levied by Plaintiff Against Defendant is DENIED. Background [1] Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) is a collection agency assigned this matter by State Compensation Insurance Fund (“Assignor”). Plaintiff alleges that its Assignor and Defendants Ramon and Son Roofing, Inc. aka Ramon and Son ...

Excerpt: ...onta Ubu I Braxil to Port Kelang or Labuan in Malaysia between 2009-2017. Limbungan's obligations under the 2009 COA were guaranteed by its parent company, Lion Diversified Holdings BHD (“Lion”) pursuant to a written guarantee dated June 29, 2009 (the “2009 Guarantee”). On June 30, 2014, Plaintiff and Limbungan executed an Addendum No. 1 to the 2009 COA which increased the number of shipments to 59. Likom Caseworks USA (“Likom USA”) i...

Excerpt: ... LLC (“SVPP”) entered into a lease to purchase agreement for the property located at 761 Corporate Center Drive Pomona, California (“subject property”). In June 2021, Lucy Seh (“Lucy”) joined Kirk's affiliated organization, Kingston Financial, as a loan officer. Lucy had been Kirk's domestic partner from 2000-2014. Lucy learned of the transaction and expressed interest in the subject property. Kirk and Lucy agreed to split the equity ...

Excerpt: ... Second Amended Complaint is SUSTAINED. The court will hear from counsel for Plaintiff as to whether leave to amend is requested, and as to which cause(s) of action, and will require an offer of proof if so. 4. Defendants Marshall Brubacher and Mundell Odlum & Haws, LLP's Motion to Strike Portions of Second Amended Complaint is DENIED as MOOT. Background [1] Plaintiffs Zia Abhari (“Abhari”) and Amir Shamloo ( “Shamloo” and collectively wi...

Excerpt: ...Monte, California 91732 (“subject property”). On June 20, 2017, members of the El Monte Police Department (“Police”) executed a search warrant at the subject property. While executing the warrant, the Police observed that the subject property had been converted into a marijuana cultivation facility. The Police seized numerous items which had been used to cultivate, manufacture, store and/or sell marijuana at the subject property in violat...

Excerpt: .... On August 22, 2022, Miri filed a complaint, asserting causes of action against TSI, Bok, TJ International, Taijin and DOES 1-100 for: 1. Trademark Infringement Under 15 U.S.C. § 1114(1) 2. False Designation of Origin Under 15 U.S.C. § 1125(a) 3. Unfair Competition Under Bus. & Prof. Code §§ 17200 et seq. 4. Common Law Trademark Infringement 5. Common Law Unfair Competition On September 8, 2022, the court related Case No. 22PSCV00901 to Case...

Excerpt: ... BAUS owns, manages and operates a large Buddhist monastery in Carmel, as well as a temple in the Bronx, offers a wide range of programs and has an extensive Internet presence through its website www.baus.org. New York BAUS also has active, registered trademarks for “Buddhist Association of the United States” and for its Chinese name. Defendant The Buddhist Association of the United States (“California BAUS”) was incorporated in Californi...

Excerpt: ...action against Defendant and Does 1- 50 for: 1. Discrimination on the Basis of Participation in Protected Conduct in Violation of Gov. Code § 12940 et seq. 2. Failure to Prevent Discrimination in Violation of California Government Code § 12940(k) 3. Retaliation in Violation of Gov. Code § 12940(h) 4. Wrongful Termination 5. Failure To Pay Minimum Wages And Overtime In Violation of Cal. Labor Code § 204 et seq. 6. Violation of Business & Profe...

Excerpt: ...follows: Plaintiffs are in the business of providing logistics and warehousing services for imports of goods from China to the United States. 2Cube acts as a “3PL” or third party logistics provider for WMI by procuring transportation services for delivery orders received by WMI. Xiaojun Xu (“Xu”) was hired by 2Cube as a truck driver to deliver various goods to customers. From approximately January 2023 to present, Xu conspired with Pak Ho...

Excerpt: ...lo (“Angulo”) and Heidy v. Roldan aka Heidy Roldan (“Roldan”) (collectively “Defendants”), purchased from Plaintiff's assignor a 2019 Dodge Hellcat, VIN No. 2C3CDXL97KH571704 (the “subject vehicle”). (Complaint, ¶ 6.) The complaint alleges that Defendants agreed to timely pay all amounts due under the Contract yet have failed to make payments owed under the Contract. (Id., ¶ 8.) The complaint alleges that Defendants currently ow...

Excerpt: ...AR Lubricants”) entered into a 12-month service contract (“Contract”) whereby Plaintiff would provide marketing and branding services and create and operate websites commencing June 2019 in exchange for payment of $6,000.00 per month for 12 months. The Contract was slated to continue thereafter until terminated in writing with 60 days' notice, which was never provided. Plaintiff is owed money for unpaid amounts incurred during the 12- month...

Excerpt: ...nosed with colorectal cancer on October 7, 2020 at Emanate Health Queen of the Valley Hospital (“Hospital”). Mao subsequently underwent two unnecessary surgical operations performed by Doctor Jared Sze Wei Wong (“Wong”) at Emanate Health Queen of the Valley Hospital, which left Mao in a vulnerable condition that led her to contract COVID-19 at a nursing home she had been sent to afterwards. Mao was rushed to the Emanate Health Inter- Comm...