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2022.09.21 Demurrer, Motion to Strike 166
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.21
Excerpt: ... fees and punitive damages) and otherwise DENIED (i.e., as to costs of suit and pre‐judgment and post‐judgment interest). 3. Defendants GT Madison Realty, LLC's and Madison Realty Equities, LLC's Motion to Strike Portions of First Amended Complaint is TAKEN OFF‐CALENDAR. Background Plaintiffs Janet Marshall (aka Janith Marshall), by and through her Successor in Interest, Christine Evans, Christine Evans, Bruce Marshall, Jeffrey Marshall and...
2022.09.16 Motion to Quash Deposition Subpoena for Business Records 127
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.16
Excerpt: ...��Plaintiff”) alleges as follows: AMCA I, LLC (“AMCA”) was the owner of the commercial property located at 10138 E. Garvey Ave., El Monte, CA 91733 (“Property”). The Property is a “strip mall” 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 [“98 Cents”].). B. Lai is believed to be the sole membe...
2022.09.15 OSC Re Dismissal 788
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.15
Excerpt: ...eradicate certain habitability conditions present at the Property during Plaintiffs' tenancy and evicted Plaintiffs in retaliation for complaining to the City of El Monte. On July 11, 2018, Plaintiffs filed a First Amended Complaint, asserting causes of action against Guerra and Does 1-100 for: 1. Breach of Implied Warranty of Habitability 2. Tortious Breach of Implied Warranty of Habitability 3. Negligence 4. Intentional Infliction of Emotional ...
2022.09.15 Motion to Strike Answer 880
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.15
Excerpt: ...90042 (“Echo Property”). Danny is Tony's and Cui's son. Danny owns the property located at 1707 W. Randall Way, West Covina, CA 91790 (“Randall Property”). Defendant Zixi Li (“Li”) is separated from Tony's and Cui's youngest son, William Loo (“William”). Li forged and recorded two Powers of Attorney (Special) and took out loans against the Echo Property and the Randall Property, without Plaintiffs' consent or knowledge. On October...
2022.09.15 Demurrer, Motion to Strike 446
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.15
Excerpt: ...whether leave to amend is requested, and as to which cause(s) of action, and will require an offer of proof if so. 2. Defendants Yanlin Li's, Fiorano Motorsport LLC's and Bianco Corsa Motorsport, Inc.'s Motion to Strike Portions of Plaintiff's Complaint is DENIED. Background Plaintiff M Capital Global California (“Plaintiff”) alleges as follows: In August 2021, Plaintiff and Yanlin Li (“Li”) decided to enter into a business arrangement to...
2022.09.14 Motion for Summary Judgment 178
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.14
Excerpt: ...Plaintiff's wife. Plaintiff thereafter went to LACFD Station #32 in Azusa to file a complaint against Cooper, but John Doe Fire Captain ended up making a false police report in which he blamed Plaintiff for the disturbance. On March 11, 2020, Plaintiff filed a Second Amended Complaint (“SAC”), asserting causes of action against Cooper, County of Los Angeles (“County”), LACFD, John Doe Fire Captain and Does 1-50 for: 1. Intentional Interfe...
2022.09.14 Demurrer to SAC 120
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.14
Excerpt: ...2019-October 12, 2019, Extra Shunmei, Inc. (“ESI”) entered into a series of contracts with Sinoma (“Contracts”), wherein ESI agreed to locate and purchase 28 new 2019 model-year Mercedes-Benz and Bentley luxury cars (“New Luxury Cars”) that would be shipped to Sinoma at Xingang, China, for a total price of $4,452,570.00. Rather than purchasing the New Luxury Cars, ESI and Beyace, Inc. (“Beyace”) conspired to purchase 28 used cars ...
2022.09.13 Motion to Strike 059
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.13
Excerpt: ... Tang is their daughter. Defendants Kuei-Lin Hsieh aka Wainny Hsieh (“Hsieh”) and Nating Cai aka Shelly Cai (“Cai”) are married. Hsieh and/or Cai wholly or partially owned Articouture, Inc. (“Articouture”), All Ambitions Corp. (“All Ambitions”) and Closet Depot, Inc. (“Closet Depot”). Tang became good friends with Hsieh and Cai. Hsieh and Cai began to pitch a business investment venture with Tang, which Tang discussed with her...
2022.09.13 Motion for Summary Adjudication 347
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.13
Excerpt: ...oyed Defendant to help him operate the company and paid Defendant wages. Plaintiff was often in China. In about 2007, Plaintiff authorized Defendant to remit about $120,000.00 from his bank account (to which Defendant had been added for business purposes) to purchase a 4-acre piece of vacant land in New Jersey and to consummate the transaction. Defendant later told Plaintiff the transaction had been completed and showed him a copy of his bank sta...
2022.09.13 Motion for Deemed Admission, for Sanctions, to Compel Responses 311
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.13
Excerpt: ...the hearing. Background Plaintiff Michael J. Hemming (“Plaintiff”) alleges as follows: Plaintiff is an attorney. On December 22, 2012, Plaintiff and Chandra Basu (“Basu”) on behalf of Doctors Reimbursement Services LLC, dba Professional Billing Services (“Doctors”) entered into an “Attorney-Client Contingency Fee Agreement.” Doctors does not exist and the real party is Basu. Plaintiff provided legal services to Basu but has not be...
2022.09.12 Motion to Strike or Tax Costs 629
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.12
Excerpt: ...lege as follows: On December 11, 2015, Decedent Raul Casillas (“decedent”) was allowed to walk out of Claremont Sheltered Care Center (“CSCC”) alone and was struck by a vehicle. Decedent died from his injuries. On January 26, 2017, Plaintiffs filed a First Amended Complaint, asserting causes of action against Defendants Jose Beteta Bergman (“Bergman”), Sheila Green (“Green”), County of Los Angeles, County of Riverside, City of Cla...
2022.09.12 Demurrer to SAC 760
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.12
Excerpt: ...arassed and assaulted by their high school basketball coach, Erick Williams (“Williams”). On January 25, 2022, this case was transferred from Department 32 of the Personal Injury Court to this instant department. On May 16, 2022, Plaintiffs filed a Second Amended Complaint (“SAC”), asserting causes of action against Defendants Hacienda La Puente Unified School District (“District”), Williams and Does 1-60 for: 1. Intentional Inflictio...
2022.09.08 Motion for Protective Order 806
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.08
Excerpt: ...nership,” wherein Plaintiff would provide funds to William to purchase inventory for KB Depot Inc. (“KB Depot”) in return for 51% shares of KB Depot until repayment of the debt was confirmed by Plaintiff. Plaintiff provided these funds but was not repaid or given the 51% shares. On August 22, 2022, Plaintiff filed a Second Amended Complaint, asserting causes of action against William, KB Depot, K&B Depot Inc., FCI, Fullerton Cabinet & Stone...
2022.09.08 Demurrer 265
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.08
Excerpt: ...00 for: 1. Negligence 2. Premises Liability 3. Negligent Hiring, Training, Supervision and Retention of Security Guards 4. Battery On July 2, 2020, Plaintiff filed an “Amendment to Complaint,” wherein “S&J Pomona, LLC” was named in lieu of Doe 1. On August 13, 2021, Plaintiff filed two “Amendment[s] to Complaint,” wherein Steve Melnick (“Melnick”) was named in lieu of Doe 2 and Pomona Fox Theater Master Tenant, LLC (“Pomona Fox ...
2022.09.07 Special Motion to Strike 441
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.07
Excerpt: ...bio (“Susan”). Defendant Blanca E. Rubio (“Blanca”) is Susan's sister and a California State Assemblyperson. Susan filed a request for a three‐year domestic violence restraining order (“DVRO”) against Plaintiff on April 13, 2016, which the court granted on July 1, 2016. The DVRO was renewed by Susan on January 17, 2020 for an additional five years. Beginning in or about April 2017, Plaintiff began his post‐elected‐office profess...
2022.09.07 Motion for Leave to File FACC 579
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.07
Excerpt: ...greement; (2) Breach of Fiduciary Duty of Loyalty; (3) Intentional Infliction of Emotional Distress; (4) Intentional Interference with Prospective Economic Relations; (5) Intentional Interference with Contractual Relations; (6) Dissolution of Partnership Pursuant to California Corporations Code §16801 et. seq.; (7) Dissolution of Corporation Pursuant to California Corporations Code §1800 et. seq. On October 7, 2020, Defendant Zhao filed a Cross...
2022.09.01 Motion for Attorney Fees, to Amend Previous Complaint 015
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.09.01
Excerpt: ...oes 1- 25 for: 1. Defamation of Character On March 18, 2022, the court granted Brown's special motion to strike. On April 12, 2022, “Judgment in Favor of Defendant Karen Brown Against Plaintiff Donald Ray Pierre With Prejudice and with Costs and Reasonable Attorney's Fees” was filed. 1. Motion for Attorney's Fees Legal Standard “A cause of action against a person arising from any act of that person in furtherance of the person's right of pe...
2022.08.30 Motion to Set Aside Default 248
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.30
Excerpt: ...id agreement and Treeium provided the floor plan. On August 4, 2020, the parties entered into a second service agreement, wherein Treeium agreed to provide a full set of blueprints of the subject property, including the floor plan and full set of engineerings as needed until city approval, in exchange for Plaintiff's payment of $40,000.00 (which subsequently increased to $54,500.00 via two change orders); the start date was August 8, 2020 and dat...
2022.08.26 Application for Default Judgment 836
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.26
Excerpt: ...ad previous experience in the apparel-printing business, would train David Sr. how to print apparel so they could go into business together. On or about September 2, 2020, David Sr. and David Jr. formed HYLVL; at that time, they entered into an oral agreement whereby David Sr. agreed to loan, and did loan, HYLVL $100,000.00 to cover the costs of new apparel- printing-related equipment (“Printing Equipment”) and initial and ongoing business- r...
2022.08.25 Demurrer to SAC 120
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.25
Excerpt: ...ntered into a series of contracts with Sinoma (“Contracts”), wherein ESI agreed to locate and purchase 28 new 2019 model- year Mercedes-Benz and Bentley luxury cars (“New Luxury Cars”) that would be shipped to Sinoma at Xingang, China, for a total price of $4,452,570.00. Rather than purchasing the New Luxury Cars, ESI and Beyace, Inc. (“Beyace”) conspired to purchase 28 used cars in California (the “Used Cars”) for the purpose of ...
2022.08.24 Motion to Compel Responses 313
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.24
Excerpt: ...rd (“Ward”) is Plaintiff's son. Ward filed a lawsuit against Plaintiff (i.e., styled Ward v. Coats, Case No. KC069975 [“Cabin Case”]). On July 15, 2020, the court granted Plaintiff's motion for summary judgment in the Cabin Case. On April 21, 2021, Plaintiff filed a complaint, asserting causes of action against Ward and Does 1-10 for: 1. Malicious Prosecution 2. Financial Elder Abuse 3. Accounting A Case Management Conference is set for A...
2022.08.24 Demurrer, Motion to Strike 698
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.24
Excerpt: ...tuted by Plaintiffs M3M, Hafif Bhutta and Hafiz Bhutta (“Hafiz”) on December 17, 2010; it was dismissed by the court on May 15, 2012. On May 4, 2021, the court related this instant case to Case No. KC070658; Case No. KC070658 was designated the lead case. On September 15, 2021, the court related this instant case to Case No. 21PSCV00698; Case No. 21PSCV00698 was designated the lead case. On January 10, 2022, the court deemed this instant case...
2022.08.23 Demurrer to FACC 343
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.23
Excerpt: ... Plaintiffs U.S. Truck Sales, Inc. (“UST”) and South Gate Investment Group, Inc. (“SGIG”) allege as follows: UST and SGIG are owned by Myra Acosta (“Acosta”); AJG Realty, Inc. (“AJG”) is owned by Armando Garcia (“Garcia”). In 2016, AJG purported to acquire its 50% interest in the property located at 10000 Atlantic Avenue in South Gate, CA 90280 (“Property”) on the basis that it was providing a bridge loan to SGIG/UST, whil...
2022.08.23 Motion for Sanctions 906
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.23
Excerpt: ... 30 days from the date of the hearing. Background Plaintiff Fadi Almazahreh (“Plaintiff”) alleges that he sustained injuries in a February 20, 20219 motor vehicle accident. On September 24, 2019, Plaintiff filed a complaint, asserting causes of action against Defendants Florentino Rico (“Rico”), Altman Specialty Plants, LLC (“Altman”) (collectively, “Defendants”) and Does 1-20 for: 1. Negligence 2. Negligent Entrustment 3. Neglige...
2022.08.23 Motion to Compel Production of Docs 460
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.23
Excerpt: ... of the “Notice of Ruling.” Sanctions are imposed against Plaintiff only in the reduced amount of $460.00 and are payable within 30 days from the date of service of the “Notice of Ruling.” Background [1] Plaintiff Ceci Qiao Lee (“Plaintiff”) alleges as follows: On February 20, 2018, Plaintiff went to Wave Plastic Surgery Center R.H., Inc. (“Wave Plastic Surgery”) for an eyeliner tattoo procedure. After the procedure, Plaintiff's t...
2022.08.22 Motion for Leave to File SAC 806
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.22
Excerpt: ....00 loan, with 0.85% monthly interest. Between June 2, 2016 and January 29, 2021, William only repaid a portion of the loan. On or about January 29, 2021, William made and executed a “Guaranty for Stock Ownership,” wherein Plaintiff would provide funds to William to purchase inventory for KB Depot Inc. (“KB Depot”) in return for 51% shares of KB Depot until repayment of the debt was confirmed by Plaintiff. Plaintiff provided these funds b...
2022.08.18 Motion for Summary Adjudication 429
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.18
Excerpt: ...also owned by Thai, Thuy, Hang and Nga. Israel Guerrero (“I. Guerrero”) and Hugo Hernandez (“Hernandez”) are tenants of the neighboring property located at 2545 Whitehead Lane, Hacienda Heights, CA 91745 (“neighboring property”). Xin Zhao (“Zhao”) and Zhan Li (“Li”) are landlords and owners of the neighboring property. Beginning sometime in 2018 and continuing through the present, I. Guerrero and H. Hernandez have been holding...
2022.08.17 Motion for Attorney Fees 664
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.17
Excerpt: ...t the wall and groped her body. The Property is owned by Connie T. Nhan (“Nhan”). On August 26, 2021, Doe filed a complaint, asserting causes of action against Acosta, Nhan and Does 1-70 for: 1. Sexual Battery in Violation of Civil Code § 1708.5 2. Gender Violence in Violation of Civil Code § 52.4 3. Ralph Civil Rights Act (Violation of Civil Code § 51.7) 4. Battery 5. Assault 6. Intentional Infliction of Emotional Distress 7. Negligence (...
2022.08.16 Motion to Vacate and Set Aside Defaults 889
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.16
Excerpt: ...d “EB-5 Investment Management Agreement” (collectively, “Investment Agreements”) with CIRC and paid $500,000.00. On June 30, 2017 and November 13, 2019, Plaintiff and CIRC signed a “Refund Agreement” and “Deferred Refund Agreement” (collectively, “Refund Agreement”). CIRC failed to refund the amount as agreed. On October 29, 2021, Plaintiff filed a complaint, asserting a cause of action against CIRC, Zhong Fang (“Fang”) an...
2022.08.16 Motion to Strike Costs 276
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.16
Excerpt: ...16, 2017. Martin had L. Piechota change the names on his annuity accounts to name her as beneficiary of same. Martin also took property, gold coins and cash. On August 20, 2018, Plaintiff filed four “Amendment[s] to Complaint,” wherein American Funds by Capital Group was named in lieu of Doe 1, American Funds Service Company (“AFSC”) was named in lieu of Doe 2, The Capital Group Companies, Inc. was named in lieu of Doe 3 and American Fund...
2022.08.16 Motion for Summary Judgment 311
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.16
Excerpt: ...Basu. Plaintiff provided legal services to Basu but has not been paid. In or about July 2019, Plaintiff and Basu on behalf of PPJ Enterprises entered into an “Attorney-Client Contingency Fee Agreement.” Plaintiff provided legal services to PPJ Enterprises but has not been paid. On or about June 30, 2015, a lawyer representing PPJ Enterprises, i.e., Pamela Tahim aka Pamela Thakor (“Tahim”) of Treadway, Lumsdaine and Doyle, LLP (“the Tred...
2022.08.16 Demurrer to FAC, Motion to Strike 442
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.16
Excerpt: ...ons of Plaintiffs' First Amended Complaint is GRANTED in part (i.e., as to the third request), DENIED in part (i.e., as to the second and fourth requests) and DENIED as MOOT in part (i.e., as to the first and fifth through tenth requests). 3. Defendant Kaiser Foundation Hospitals dba Southern California Permanente Medical Group's and Kaiser Foundation Health Plan's Demurrer to Plaintiffs' First Amended Complaint is SUSTAINED. The court will hear ...
2022.08.15 Motion to Consolidate 120
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.15
Excerpt: ...llectively, “Defendants”) property. Plaintiffs were forced to close their business in late February/early March 2020 due to the Covid-19 pandemic. Plaintiffs directly told Defendants that the business was closed and wrote to Defendants on November 27, 2020 of the financial impact Covid-19 had on the business. Defendants served two three-day notices to quit and filed an unlawful detainer complaint in Case No. 21PSCV00638 against Plaintiffs in ...
2022.08.15 Demurrer to SAC 776
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.15
Excerpt: ...c. (“LRB”), Christian Martinez (“Martinez”) and Does 1-100 for: 1. Breach of Contract 2. Negligent Construction & Defective WorkmanshipFraud—Intentional Misrepresentation 3. Fraud—Suppression of Fact 4. Negligent Misrepresentation On February 17, 2022, Plaintiff filed a “Notice of Errata,” wherein he advised that Exhibits 1 and 2 had been inadvertently omitted from the SAC and attached a corrected copy of the SAC with said exhibit...
2022.08.11 Demurrer 444
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.11
Excerpt: ...r of proof if so. Background Plaintiff Ibrahim H. Ghanem (“Plaintiff”) alleges as follows: Plaintiff owns and lives in the residential real property located at 1550 S Westridge Rd., West Covina, CA 91791 (the “Property”). On or around December 9, 2003, Plaintiff entered into a loan agreement (the “Loan”) with America's Wholesale Lender (“America's Wholesale”), wherein America's Wholesale agreed to loan Plaintiff $570,000.00, secur...
2022.08.11 Motion for Final Approval of Class Action Settlement 224
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.11
Excerpt: ...ggrieved employees” pursuant to Labor Code § 2698 et seq., filed a First Amended Class and Representative Action Complaint, asserting causes of action against Defendant P&B Intermodal Services Limited Liability Company (“Defendant”) and Does 1-10 for: 1. Failure to Pay All Wages Due (Labor Code §§ 510 and 1194) 2. Failure to Reimburse Business Expenses (Labor Code § 2802Failure to Comply with Itemized Employee Wage Statement Provisions ...
2022.08.11 Motion for Summary Judgment 610
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.11
Excerpt: ...rty continuously from that date until they suddenly abandoned the subject property. The subject property was in good condition when the lease commenced. When Plaintiffs visited the subject property, The Fetters never let them inside. Plaintiffs believed The Fetters wanted privacy because of their autistic son. On or about February 4, 2019, Plaintiffs were informed that The Fetters were not living in the subject property. Plaintiffs came to inspec...
2022.08.10 Motion for Leave to File FAC 687
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.10
Excerpt: ...evelopment of the Creekside residential subdivision in La Verne, California (“Creekside”). On October 12, 2018, Plaintiff filed a First Amended Complaint, asserting causes of action against MBI and Does 1-200 for: 1. Breach of Contract 2. Breach of Implied Covenant of Good Faith and Fair Dealing 3. Gross Negligence On November 13, 2018, MBI filed a cross-complaint, asserting causes of action against Roes 1-100 for: 1. Equitable Indemnity 2. C...
2022.08.10 Motion to Enforce Settlement Agreement 439
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.10
Excerpt: ...p (“subject vehicle”) with primer paint for $10,000.00. Ruiz promised the restoration work would take approximately 3-6 months. Collectizone and Ruiz failed to provide Plaintiff with a written itemized estimate. The subject vehicle was returned to Plaintiff in or about December 2018, with damage to the radiator, fan, and frame rails as well as rust damage to the engine, interior and body panels due to exposure to the weather. On May 13, 2019,...
2022.08.09 Motion to Compel Deposition, OSC Re Contempt 068
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.09
Excerpt: ...aintiff Kyle Olsen (“Plaintiff”) alleges as follows: On or about May 9, 2017, Plaintiff sustained injuries after his vehicle collided with an X-Lite guardrail end terminal that bordered I-10. On March 8, 2018, Plaintiff filed a complaint, asserting causes of action against Valmont Industries, Inc. (“VII”), Valmont Highway, Armorflex International Limited (“Armorflex”), Lindsay Corporation (“Lindsay Corp.”), Lindsay Transportation ...
2022.08.09 Motion for Attorney Fees, Costs, and Prejudgment Interests 512
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.09
Excerpt: ...ges that ABC and Lai violated various Labor Code provisions by failing to pay overtime wages, to provide rest and meal periods, to timely pay wages upon termination and to provide complete and accurate wage statements. Plaintiff also alleges that he was wrongfully terminated after requesting overtime wages. On August 5, 2020, Plaintiff filed a complaint, asserting causes of action against ABC, Lai and Does 1-50 for: 1. Failure to Pay Overtime Wag...
2022.08.09 Demurrer, Motion to Strike 881
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.08.09
Excerpt: ...13. Defendant Kalpesh Bhavsar, M.D.'s Demurrer is SUSTAINED, with 20 days leave to amend, as to Plaintiffs' First Cause of Action; and SUSTAINED, without leave to amend, as to Plaintiffs' Seventh and Eighth Causes of Action. Defendant Kalpesh Bhavsar, M.D.'s Motion to Strike is GRANTED, without leave to amend except through the filing of a motion made expressly under the authority of Section 425.13. PVHMC's Demurrer Judicial Notice Pomona Valley ...
2022.07.22 Motion for Dismissal 512
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.22
Excerpt: ...time wages, to provide rest and meal periods, to timely pay wages upon termination and to provide complete and accurate wage statements. Plaintiff also alleges that he was wrongfully terminated after requesting overtime wages. On August 5, 2020, Plaintiff filed a complaint, asserting causes of action against ABC, Lai and Does 1-50 for: 1. Failure to Pay Overtime Wages (Cal. Labor Code §§ 221, 223, 510) 2. Failure to Provide Meal and Rest Period...
2022.07.18 Motion to Strike, to Quash Service of Summons 265
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.18
Excerpt: ...ll and Does 1-100 for: 1. Negligence 2. Premises Liability 3. Negligent Hiring, Training, Supervision and Retention of Security Guards 4. Battery On July 2, 2020, Plaintiff filed an “Amendment to Complaint,” wherein “S&J Pomona, LLC” was named in lieu of Doe 1. On August 13, 2021, Plaintiff filed two “Amendment[s] to Complaint,” wherein Steve Melnick (“Melnick”) was named in lieu of Doe 2 and Pomona Fox Theater Master Tenant, LLC ...
2022.07.18 Demurrer, Motion to Strike 538
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.18
Excerpt: ...nesville Owner One, LLC (“GV1”), CF Gainesville Owner Two, LLC (“GV2”), Green Energy Development SSP, LLP, Green Energy Development Venture, LLC, Green Energy Development Archer II, LLC, Green Energy Development Archer, LLC and Green Energy Development 6th Street, LLC (collectively, “Plaintiffs”) allege as follows: On June 15, 2010, GV1, GV2 and CF Gainesville Owner Three (collectively, the “ProjectCos”) entered into Commercial PV...
2022.07.15 Motion for Summary Judgment, Adjudication 546
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.15
Excerpt: ...ter (“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 recognized or treated. Antonio died on or about January 7, 2019. On December 23, 2020, this case was transferred from Department 32 of the Personal Injury Court to this instant department. ...
2022.07.14 Motion to Strike 460
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.14
Excerpt: ...f's pre-signed blank checks to pay herself, her son Frankie Hao Liu (“Frankie”), her father Changihi Liu (“Changihi”) and her own personal debts. On February 16, 2022, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Race, Frankie, Changihi and Does 1-20 for: 1. Breach of Contract 2. Breach of Good Faith and Fair Dealing 3. Fraud by Misrepresentation 4. Conversion 5. Money Had and Received 6. Unjus...
2022.07.13 Motion for Sanctions 710
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.13
Excerpt: ...t, Suite 583, City of Industry, California 91746 (“Premises”) for a 48-month term expiring on January 14, 2022. The Premises are within and part of the Center. Per the terms of the Lease, Forge was required to pay base rent plus estimated monthly amounts towards expenses and parking as additional rent. Patrick Siyu Liang (“Liang”) executed a written Guaranty of Lease. Forge abandoned and vacated the Premises on or about September 29, 2020...
2022.07.13 Demurrer 146
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.13
Excerpt: ...ation date, in retaliation by an officer of Defendant whose prior wrongful conduct had been reported by Plaintiff to the appropriate corporate authorities. Defendant failed to pay Plaintiff for all hours worked and for overtime hours during this time period, failed to reimburse her business-related expenses and failed to pay all wages due and owing at the time of her termination. On February 14, 2022, Plaintiff filed a complaint, asserting causes...
2022.07.13 Motion for Terminating Sanctions, for Issue, Evidentiary, and Monetary Sanctions 309
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.13
Excerpt: .... On May 6, 2020, Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) filed a complaint, asserting causes of action against Defendant Whittier Enterprises, LLC dba Popkoff's adba Pinched adba Popkoff Frozen Foods (“Defendant”) and Does 1-10 for: 1. Open Book Account 2. Account Stated 3. Reasonable Value The Final Status Conference is set for January 3, 2023. Trial is set for January 17, 2023. Legal Standard If a party fails to compl...
2022.07.13 Motion to Set Aside Default 911
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.13
Excerpt: ... (“subject property”). On December 30, 2020, Golden Springs filed a complaint, asserting a cause of action against Hsu and Does 1-10 for: 1. Breach of Contract—Lease for Non-Residential Property—Civil Code § 1951.2 On March 18, 2021, Hsu filed a cross-complaint, asserting causes of action against Golden Springs, Shumei Fang, Rancie Qiwen Lin, I Do Nail and Lasher Inc. and Roes 1-10 for: 1. Promissory Estoppel 2. Breach of Contract—Rele...
2022.07.12 Motion for Protective Order, to Compel Further Responses, for Sanctions 721
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.12
Excerpt: ...s to provide further, Code‐compliant responses to Nos. 200.1, 200.2, 200.3, 200.4, 201.1, 201.3, 201.4, 207.1, 207.2, 214.1, 214.2, 215.1, 215.2 and 216.1 within 20 days from the date of the hearing. Sanctions are awarded in the reduced amount of $661.65 and are payable within 30 days of the date of the hearing. 3. Plaintiff Chun Yeung Hung's Motion to Compel Defendant Henry Hua's Further Responses to Special Interrogatories (Set Two) is GRANTE...
2022.07.12 Motion for Attorney Fees 251
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.12
Excerpt: ...rty. Boey subsequently exercised her option to extend the term of the lease from May 1, 2018 to April 30, 2019. On or about April 24, 2018, Plaintiff determined that Boey was operating businesses on the subject property and was storing items on the subject property associated with those businesses, in violation of the lease. On April 24, 2018, Plaintiff served a Notice to Cure Covenant or Quit and thereafter commenced an Unlawful Detainer action,...
2022.07.12 Demurrer 761
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.12
Excerpt: ...��Plaintiffs”) allege as follows: Defendant Benjamin J. Aguayo (“Defendant”) is Carmen's husband, Benny's and Jonathan's father, Nita's father-in-law and Victor's brother-in-law. Carmen and Defendant are currently involved in dissolution of marriage and domestic violence cases (i.e., styled Aguayo v. Aguayo, Case Nos. 21PSFL00554 and 21PSRO00297). Defendant engaged in abusive behavior towards Plaintiffs for over 40 years. Victor has also lo...
2022.07.11 Motion for Attorney Fees 664
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.11
Excerpt: ...wall and groped her body. The Property is owned by Connie T. Nhan (“Nhan”). On August 26, 2021, Doe filed a complaint, asserting causes of action against Acosta, Nhan and Does 1-70 for: 1. Sexual Battery in Violation of Civil Code § 1708.5 2. Gender Violence in Violation of Civil Code § 52.4 3. Ralph Civil Rights Act (Violation of Civil Code § 51.7) 4. Battery 5. Assault 6. Intentional Infliction of Emotional Distress 7. Negligence (Premis...
2022.07.11 Application for Default Judgment 922
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.11
Excerpt: ...orres (collectively, “Defendants”) and Does 1-10. On December 29, 2021, Defendants' defaults were entered. A Case Management Conference is set for February 3, 2022. Discussion Plaintiffs' Application for Default Judgment is denied without prejudice. The following defect is noted: 1. The prayer in Plaintiff's complaint does not request holdover damages. “The ‘relief granted' in the default judgment ‘cannot exceed' what the plaintiff ‘d...
2022.07.11 Application for Default Judgment 086
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.11
Excerpt: ...nd Wu's company, Dr. K in LA Entertainment (“Company”) in exchange for a return within 6 months (“Adult Movie Contract”). The parties also agreed that Plaintiff would be entitled to a return of her original investment upon request. Plaintiff gave Wu and Company $37,000.00 and received $30,310.00 back. In 2022, Plaintiff requested that her original investment be returned; this has not been done. In August 2021, Wu and Company entered into ...
2022.07.08 Petition for Approval of Compromise of Claim or Action 954
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.07.08
Excerpt: ...) to this instant department. On April 23, 2018, Plaintiffs dismissed their sixth cause of action against Citrus Obstetrics and Gynecology Medical Associates, Inc. (Citrus Obstetrics”), Jason Sean Begley, M.D. (“Begley”), Ian Douglas Macagy, M.D. (“Macagy”), Carols Beharie, M.D. (“Beharie”), Western University of Health Sciences (“Western University”) and Stephanie White, D.O. (“White”), without prejudice. On April 23, 2018,...
2022.06.23 Motion for Summary Judgment 178
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.23
Excerpt: ...ct with Plaintiff's wife. Plaintiff thereafter went to LACFD Station #32 in Azusa to file a complaint against Cooper, but John Doe Fire Captain ended up making a false police report in which he blamed Plaintiff for the disturbance. On March 11, 2020, Plaintiff filed a Second Amended Complaint (“SAC”), asserting causes of action against Cooper, County of Los Angeles (“County”), LACFD, John Doe Fire Captain and Does 1-50 for: 1. Intentional...
2022.06.23 Demurrer, Motion to Strike 085
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.23
Excerpt: ...iff”) alleges as follows: Plaintiff was a full-time student at Pitzer College from August 2016-May 2019. Plaintiff cross-enrolled in a course taught by Dr. Brady Potts (“Potts”) at Pomona College. Potts lowered Plaintiff's grade since Plaintiff had utilized academic accommodations granted to Plaintiff as a result of a disability. Pomona College administration failed to provide Plaintiff with timely due process. On December 29, 2021, Plainti...
2022.06.22 Demurrer to FACC 343
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.22
Excerpt: ...aintiffs U.S. Truck Sales, Inc. (“UST”) and South Gate Investment Group, Inc. (“SGIG”) allege as follows: UST and SGIG are owned by Myra Acosta (“Acosta”); AJG Realty, Inc. (“AJG”) is owned by Armando Garcia (“Garcia”). In 2016, AJG purported to acquire its 50% interest in the property located at 10000 Atlantic Avenue in South Gate, CA 90280 (“Property”) on the basis that it was providing a bridge loan to SGIG/UST, while i...
2022.06.22 Demurrer, Motion to Strike 753
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.22
Excerpt: ..., Inc.'s and Maria Wilson's Motion to Strike Plaintiffs' Amended Complaint is DENIED as MOOT. Background[1] Plaintiffs, Maggie Winston (“Maggie”), deceased, by and through her personal legal representative and successor in interest, Angela Love and Angela Love, individually (“Plaintiffs”) allege as follows: Maggie was admitted to the Ramona Nursing & Rehabilitation Center (“RNRC”) in October 2019 for long term care. On June 16, 2020, ...
2022.06.21 Motion to Quash Service of Summons, Demurrer to TAC 155
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.21
Excerpt: ...ogether, “Defendants”) are licensees of Plaintiff's patents for lighted keyboards. Defendants stopped paying royalties pursuant to contract and have not accounted for sales. On March 3, 2021, Plaintiff filed an Amendment to Complaint, in which Sunrex Technology was named in lieu of Doe 1. On March 10, 2022, Plaintiff filed a Third Amended Complaint (“TAC”), asserting a cause of action against Defendants and Does 1-25 for: 1. Breach of Con...
2022.06.21 Motion for Approval of Attorney Fees 174
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.21
Excerpt: ...�Defendant”) and Does 1-20 for: 1. Unlawful Detainer On March 18, 2022, All Unnamed Occupants' default was entered. Trial proceeded on April 26, 2022; on that date, the court found in favor of Defendant and against Plaintiff. Legal Standard “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties; bu...
2022.06.20 Motion to Compel Further Responses, for Sanctions 427
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.20
Excerpt: ...94 within 20 days from the date of the hearing. The court declines sanctions. 2. Defendant Sunnyland International Group's Motion to Compel Further Responses to Special Interrogatories [Set One] Against Yongyi Liu is GRANTED in part (i.e., as to Nos. 4‐ 6, 9, 10, 17, 30 and 61) and DENIED in part (i.e., as to Nos. 32, 51, 57, 74, 88, 90, 93, 94, 99, 100, 103, 106 and 108). Liu is to provide further, Code‐compliant responses to Nos. 4‐6, 9, ...
2022.06.16 Petition for Approval of Compromise of Action 954
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.16
Excerpt: ... abnormalities and were otherwise negligent in rendering care to Magaly and Austin. On March 29, 2018, this case was transferred from Department 92 (personal injury hub) to this instant department. On April 23, 2018, Plaintiffs dismissed their sixth cause of action against Citrus Obstetrics and Gynecology Medical Associates, Inc. (Citrus Obstetrics”), Jason Sean Begley, M.D. (“Begley”), Ian Douglas Macagy, M.D. (“Macagy”), Carols Behari...
2022.06.16 Motion for Summary Judgment, Adjudication 127
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.16
Excerpt: ...erty”). The Property is a “strip mall” 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 [“98 Cents”].). B. Lai is believed to be the sole member of AMCA. Lai, acting as a listing broker, listed the Property for sale; the listing advertisement stated that 98 Cents was the anchor tenant of the Property. Du...
2022.06.15 Application for Default Judgment 892
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.15
Excerpt: ... acquired title to the property located at 411 North Lyall Avenue, West Covina, CA 91790 (“Property”) via a grant deed recorded on November 18, 1988. Chin quitclaimed his interest in the Property to Chau by quitclaim deed recorded on March 2, 1990. On or about July 27, 2007, Chau executed a promissory note in favor of Accredited Home Lenders, Inc. (“Accredited”), and a deed of trust (“DOT”) was recorded on August 8, 2007. On or about ...
2022.06.14 Motion to Tax Costs, for Trial Preference 771
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.14
Excerpt: ...est to the estate of Cuatro and as guardian ad litem for minors A.C., E.C. and R.C. (collectively the “Minors”) (collectively “Plaintiffs”) filed a Complaint. The operative pleading is the Third Amended Complaint (“TAC”), which was filed on September 20, 2021, and asserts causes of action for: 1. Wrongful Death against Defendant County of Los Angeles (“County”) 2. Failure to Warn against County 3. Wrongful Death – Negligent Rete...
2022.06.14 Demurrer to FAC, Motion to Strike 120
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.14
Excerpt: ...LLC and Kam Sang Company, Inc.'s Motion to Strike Portions of Plaintiffs' First Amended Complaint is MOOT. Background Plaintiffs Figueroa Street and Fifth, LLC (“Figueroa Street”) and Charles Lewis (“Lewis”) (collectively, “Plaintiffs”) allege as follows: Plaintiffs operate a full-service car wash on Defendants New Age Kaleidoscope, LLC's (“New Age”) and Kam Sang Company, Inc.'s (“Kam Sang”) (collectively, “Defendants”) pr...
2022.06.14 Demurrer to FAA, Motion to Strike 772
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.14
Excerpt: ...tate Insurance Company is DENIED as MOOT. Background Plaintiffs Jose Angel Leyba (“Jose”) and Rachel Leyba (collectively, “Plaintiffs”) allege as follows: On or about May 22, 2017, Jose sustained injuries after Angel Guillermo Grandes' (“Grandes”) vehicle struck the rear of his motorcycle on the I-10 westbound freeway. A California Highway Patrol (“CHP”) Officer initiated an unsafe traffic break preceding the accident. On July 9, ...
2022.06.13 Motion for Protective Order, for Sanctions 460
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.13
Excerpt: ...ce sanctions is declined. 3. Counsel for Plaintiff's Motion to be Relieved as Counsel is continued to July 27, 2022 at 9:30 a.m. Background Plaintiff Ceci Qiao Lee (“Plaintiff”) alleges as follows: On February 20, 2018, Plaintiff went to Wave Plastic Surgery Center R.H., Inc. (“Wave Plastic Surgery”) for an eyeliner tattoo procedure. After the procedure, Plaintiff's technician negligently dripped some form of “solution” into Plaintiff...
2022.06.13 Motion for Final Approval of Class Action Settlement 211
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.13
Excerpt: ...ction Settlement and (2) Granting Leave to File First Amended Complaint” was filed. On March 10, 2021, Plaintiff filed a First Amended Class and Representative Action Complaint, asserting causes of action against Defendant Arm and J Corporation dba Puente Hills Chrysler Dodge Jeep Ram (“Defendant”) and Does 1-10 for: 1. Failure to Pay All Minimum Wages and Overtime Wages (Labor Code §§ 510 and 1194; IWC Wage Order 4-2001) 2. Failure to Pr...
2022.06.09 Motion to Set Aside Request for Entry of Default Judgment 669
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.09
Excerpt: ...tionship with National Recovery Solutions (“NRS”) to recover surplus funds from the foreclosure sale. NRS is owned and operated by Defendant Ronald McCollum (“McCollum”). McCollum falsely represented to Plaintiff that he was a attorney licensed in California and that he held an “Attorney IOLTA Trust Account.” On December 5, 2018, a petition for letters of administration was filed in Case No. RP18931075, wherein McCollum was appointed ...
2022.06.09 Motion to Vacate Pre-Judgment Attachment 839
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.09
Excerpt: ...or beneficiaries to stay in the United States to operate a newly-formed subsidiary business. On or about September 2018, Ren Ju (“Ju”) contacted Prodigy on behalf of Changshu Real Building Material Co., Ltd. (“CRBM”) seeking assistance forming a subsidiary company to sell, lease and install solar panels in the United States and to obtain an L-1A to come to the United States to manage said subsidiary. Prodigy M&A referred Ju to agent Tony ...
2022.06.08 Motion to Quash Service of Summons and Complaint, Demurrer 067
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.08
Excerpt: ...V00067 Plaintiff Sai Jun Ding (“Ding”) alleges as follows: On or about July 12, 2021, Ding, as tenant, and Defendant Brian Rohloff (“Rohloff”), as landlord, entered into a lease to own agreement regarding the property located at 1918 West Palm Drive, West Covina, CA 91790 (“Premises”). On or about December 6, 2021, Rohloff placed the Premises for sale. On or about December 3, 2021, while Ding was out of town, Rohloff removed Ding's po...
2022.06.02 Motion to Enforce Settlement Agreement 042
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.02
Excerpt: ...ash. The total amount of these loans, which were secured by a deed of trust on Prakash's personal residence, was $1,095,000.00, with an additional $983,978.25 in interest owed as of July 2016. On July 6, 2015, a “Judgment Based on Sister-State Judgment” and a “Corrected Judgment Based on Sister-State Judgment” were entered in favor of First National Bank (“FNB”) and against Prakash in case styled First National Bank v. Sachin, LLC, Ca...
2022.06.02 Motion to Compel Compliance with Subpoena, to Quash Subpoena Duces Tecum, for Sanctions 159
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.02
Excerpt: ...(see below). Sanctions are declined. 4. Plaintiff Angelo Sobingsobing's Motion to Quash Defendant's Subpoena Duces Tecum #3 (West Valley Detention Center—HR) is GRANTED in part (see below). Sanctions are declined. 5. Plaintiff Angelo Sobingsobing's Motion to Quash Defendant's Subpoena Duces Tecum #4 (Montclair Hospital Medical Center—HR) is GRANTED in part (see below). Sanctions are declined. 6. Plaintiff Angelo Sobingsobing's Motion to Quash...
2022.06.02 Motion for Entry of Judgment 420
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.02
Excerpt: ...ts On October 15, 2019, Plaintiff filed a Settlement Agreement. On October 16, 2019, Plaintiff filed a conditional “Notice of Settlement of Entire Case;” that day, an “Order on Settlement Agreement and Stipulation for Judgment” was filed and the case was dismissed, without prejudice. On November 8, 2021, Plaintiff filed (and mail-served on November 5, 2021) a “Notice of Intention to Request Entry of Judgment Under Stipulation.” Legal ...
2022.06.02 Demurrer to SAC 120
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.02
Excerpt: ... to China. Between August 27, 2019-October 12, 2019, Extra Shunmei, Inc. (“ESI”) entered into a series of contracts with Sinoma (“Contracts”), wherein ESI agreed to locate and purchase 28 new 2019 model-year Mercedes-Benz and Bentley luxury cars (“New Luxury Cars”) that would be shipped to Sinoma at Xingang, China, for a total price of $4,452.570. Rather than purchasing the New Luxury Cars, ESI and Beyace, Inc. (“Beyace”) conspire...
2022.06.01 Motion to Set Aside Judgment, Default, to Quash Any Enforcement of Judgment 588
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.01
Excerpt: ... wherein Plaintiff's assignor agreed to perform work on Defendant's house in exchange for installment payments. Defendant failed to make the payments. On July 20, 2021, Plaintiff filed a complaint, asserting causes of action against Defendant for: 1. Breach of Written Contract 2. Breach of Book Account On December 16, 2021, Defendant's default was entered. On February 15, 2022, default judgment was filed. Legal Standard Code of Civil Procedure se...
2022.06.01 Motion for Terminating Sanctions 552
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.06.01
Excerpt: ...ation Center, LLC (“AIC”) in Las Vegas. Plaintiffs retained AIC to assist them in obtaining U.S. visas. Per the agreements reached between Plaintiffs and AIC, Plaintiffs were to pay $170.000.00 to AIC for its services. Huang told Plaintiffs that they should wire the funds to him directly and that he would then deliver the funds to AIC. Although Plaintiffs wired these monies to Huang on or around June 11, 2018, Plaintiffs thereafter learned th...
2022.05.31 Motion to Vacate and Set Aside Defaults 889
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.31
Excerpt: ...��EB-5 Investment Management Agreement” (collectively, “Investment Agreements”) with CIRC and paid $500,000. On June 30, 2017 and November 13, 2019, Plaintiff and CIRC signed a “Refund Agreement” and “Deferred Refund Agreement” (collectively, “Refund Agreement”). CIRC failed to refund the amount as agreed. On October 29, 2021, Plaintiff filed a complaint, asserting a cause of action against CIRC, Zhong Fang (“Fang”) and Does...
2022.05.31 Demurrer, Motion to Strike 126
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.31
Excerpt: ...property located at 256 East Center Street in Covina (“Premises”). Defendant Paul Licerio (“Licerio”) is the current owner or manager of the Premises. On or about October 15, 2021, a property manager called Plaintiff regarding a water leak that needed repair within the Premises. A plumber came to the Premises and provided Licerio with an estimate to repair the leak. Rather than repair the water leak, on or about October 17, 2021, Licerio ...
2022.05.31 Demurrer 356
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.31
Excerpt: ...a Street”) and Does 1-10 for: 1. Unlawful Detainer On April 13, 2022, the court related this case with Case No. 21PSCV00638 and designated this instant case as the lead case. A Case Management Conference and Status Conference (Related Case) are set for August 23, 2022. Case No. 21PSCV00638 This is an unlawful detainer action involving the subject premises. On August 9, 2021, New Age filed a complaint, asserting a cause of action against Figuero...
2022.05.27 Demurrer 385
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.27
Excerpt: ...ators of the properties located at 11137 Lambert Avenue, El Monte, CA 91732 (the “El Monte Property”) and/or 41685 Gassner Road, Anza, CA 92539 (“Anza Property”) (collectively, the “Properties”). JPMorgan Chase Bank NA (“JPMorgan”) is an owner and mortgagee of the El Monte Property. Ony Glo, Inc. (“Ony”) is an owner and mortgage of the Anza Property. On July 16, 2020, members of the El Monte Police Department (“Police”) ex...
2022.05.26 Motion to Compel Further Responses 313
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.26
Excerpt: ...rther ordered to provide the original attorney signature page dated December 2, 2021 and his original verification page dated November 16, 2021 within 30 days of the date of the hearing. Sanctions are declined. Background Plaintiff Isabel M. Coats, individually and through Isabelle Coats Newman, as successor trustee of the inter vivos trust titled Isabel M. Coats Survivor's Trust Created Under the Terms of the Isabel and Walter Coats Trust Restat...
2022.05.25 Demurrer, Motion to Strike 753
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.25
Excerpt: ...9:30 a.m. [see below]. Background Plaintiffs, Maggie Winston (“Maggie”), deceased, by and through her personal legal representative and successor in interest, Angela Love and Angela Love, individually (“Plaintiffs”) allege as follows: Maggie was admitted to the Ramona Nursing & Rehabilitation Center (“RNRC”) in October 2019 for long term care. On June 16, 2020, Maggie tested positive for COVID-19. Maggie was subsequently transported t...
2022.05.25 Motion to Set Aside Dismissal and Reinstate FAC 571
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.25
Excerpt: ...agnegas- West”]) entered into a written Employment Agreement. Magnegas-West breached the agreement by failing to pay Plaintiff. On September 9, 2021, Plaintiff filed a First Amended Complaint, asserting causes of action against Magnegas-West and Does 1-5 for: 1. Declaratory Relief 2. Breach of Contract 3. Common Counts On December 8, 2021, the court scheduled an Order to Show Cause Re: Why the Matter Should Not Be Dismissed for Continued Failur...
2022.05.25 Motion for Code of Civil Procedure, Sanctions 591
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.25
Excerpt: ...s were students at Arroyo High School (“Arroyo”) within the El Monte Union High School District (“District”) during the 2016-2017 school year. Plaintiffs were sexually abused and harassed during this time period by Daniel Rios (“Rios”), a substitute teacher and track coach at Arroyo. On July 17, 2019, this case was transferred from Department 2 of the Personal Injury Court to this instant department. On November 16, 2020, Plaintiffs f...
2022.05.24 Motion to Disqualify Expert 281
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.24
Excerpt: ...uses of action against Jose A. Espinoza Placido (“Placido”), Jam Fire Protection, Inc. (“Jam”) and Does 1-100 for: 1. Negligence 2. Permissive Use 3. Negligent Entrustment On September 12, 2018, Refugio, Javier and Angelica dismissed their respective claims, with prejudice. On December 2, 2020, this case was transferred from Department 32 of the Personal Injury Court to this instant department. The Final Status Conference is set for July ...
2022.05.24 Application to Appear Pro Hac Vice 890
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.24
Excerpt: ...lling (California), Inc.'s Application of Richard T. Fass to Appear Pro Hac Vice is GRANTED, contingent upon Fass filing a supplemental declaration at or before the time of the hearing which sets forth admission dates for all courts identified in Paragraph 4 of his declaration. 3. Plaintiffs Ensign United States Drilling, Inc.'s and Ensign United States Drilling (California), Inc.'s Application of Taylor Ann Cruse to Appear Pro Hac Vice is GRANTE...
2022.05.19 OSC Re Preliminary Injunction 351
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.19
Excerpt: ...tively, Defendants”) own, control and/or have a legal interest in the neighboring property located at 1152 Englewild Drive in Glendora (“Akyol Property”). The Wang Property and the Akyol Property abut each other at the northwest boundary of the Wang Property and the southeast boundary of the Akyol Property. The Wang Property is exclusively accessed by Wang and the predecessor owners of the Wang Property via a private driveway that abuts the...
2022.05.19 Motion for Summary Judgment 116
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.19
Excerpt: ...s' default was entered. A Case Management Conference is set for May 19, 2022. 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 Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedure sect...
2022.05.18 Motion for Judgment on the Pleadings 849
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.18
Excerpt: ... Paso Real Avenue in Rowland Heights (“subject property”). On September 30, 2018, Plaintiff entered into a written contract with M. Liu and N. Liu wherein Plaintiff agreed to construct an Accessory Dwelling Unit (“ADU”) at the subject property. On August 11, 2019, Plaintiff presented M. Liu and N. Liu with an invoice for work completed. M. Liu and N. Liu have failed to pay same. On February 21, 2020, Lanterprise filed a complaint, asserti...
2022.05.18 Motion for Final Approval of Class Action Settlement 430
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.18
Excerpt: ...99(f) for Violations of Labor Code §§ 201, 202, 226(a), 226.7, 510, 512, and 1194 and Pursuant to Labor Code § 2699(a) for Violations of Labor Code §§ 226.3 and 558 On October 18, 2021, Plaintiff filed a conditional “Notice of Settlement of Entire Case.” Legal Standard California Rules of Court (“CRC”) Rule 3.769 sets forth the procedures for settlement of class actions in California. Approval occurs in two steps: (1) an early “pre...
2022.05.17 Petition to Compel Arbitration, to Stay Proceedings 055
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.17
Excerpt: ...na Kaplan, individually and as successor in interest of Nancy Kaplan (“Nancy”), alleges as follows: Nancy was a patient at Glendora Canyon Transitional Care Unit from on or about April 11, 2020-August 10, 2020. Nancy received substandard care and treatment, such that she developed sepsis, malnutrition, severe decubitus ulcers, multi-organ failure and COVID-19. Nancy died on August 23, 2020. On June 28, 2021, this case was transferred from Dep...
2022.05.11 Motion to Compel Further Responses, Deposition of PMQ 074
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.11
Excerpt: ...s for Production, Sets One and Two is GRANTED in part (i.e., as to Nos. 4, 11‐14, 19, 20, 35, 60, 61, 69, 72‐73 and 77) and otherwise DENIED. denied. Defendant is to provide further, Code‐compliant responses to Nos. 4, 11‐14, 19, 20, 35, 60, 61, 69, 72‐73 and 77 within 20 days from the date of the hearing. Sanctions are declined. 3. Plaintiff Emmanuel Felix's Motion to Compel Deposition of Defendant Mountain View School District's Perso...
2022.05.10 Motion for Preliminary Approval of Class Action and PAGA Settlement 608
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.10
Excerpt: ...thers similarly situated (“Castro”). On January 7, 2021, Case Nos. 20PSCV00586 and 20STCV48608 were deemed related; Case No. 20PSCV00586 was deemed the lead case. On May 11, 2021, the aforesaid cases were consolidated; Case No. 20STCV48608 was designated the lead case. On May 14, 2021, a “Stipulation Regarding Consolidation of Quintero and Castro, Jr. Matters and Consolidated Complaint” was filed. On March 14, 2022, Castro and Quintero fi...
2022.05.10 Motion for Leave to File FAC 425
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2022.05.10
Excerpt: ...amona Boulevard in Baldwin Park, California (the “Project”). The Project caused and/or permitted the occurrence of invasion and damage to Plaintiff's underground street light system, streetlights, handholes and conduits located at or near Ramona Boulevard between Stewart Avenue and Francisquito Avenue and at or near 3778 Baldwin Park Boulevard in Baldwin Park. On July 28, 2020, SoCal Edison filed a complaint, asserting causes of action agains...

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