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...

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: ...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...