Excerpt: ... action against General Motors, LLC (“Defendant”) and Does 1-50 for: 1. Violation of Subdivision (d) of Civil Code Section 1793.2 2. Violation of Subdivision (b) of Civil Code Section 1793.2 3. Violation of Subdivision (a)(3) of Civil Code Section 1793.2 4. Breach of Express Written Warranty (Civil Code § 1791.2(a); § 1794) 5. Breach of the Implied Warranty of Merchantability (Civil Code § 1791.1; § 1794) On January 6, 2022, the court gra...

Excerpt: ...AINED in part (i.e., as to the fourth through eighth causes of action). 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. 2. Defendants Haroon Amin's, Mohammad Kamdar's, Bina Kamdar's, Saif Amin's, Infinity Care of East L.A.'s and The 2008 Amin Revocable Living Trust's Motion to Strike Portions of Plaintiff's Complaint is DENIED a...

Excerpt: ... leave given to amend. 4. Defendant Erick Humberto Guzman's Motion to Strike Portions of Plaintiff Elikin Mauricio Yepes' Second Amended Complaint is DENIED as MOOT in part (i.e., as to Page 6, line 24; Page 11, line 15 and Page 11, line 13) and otherwise GRANTED. Background Plaintiff Elikin Mauricio Yepes (“Plaintiff”) alleges as follows: Plaintiff owns the property located at 1847 Summer Place Drive #9, West Covina, 91792 (“subject proper...

Excerpt: .... 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 section 473, subdivision (b) Relief under Code of Civil Procedure section 473 is either discretionary or mandatory. A motion for mandatory relief must ...

Excerpt: ... of Documents (Set One) Nos. 17‐18, 28‐29 and 32 is GRANTED. Defendant is to provide further responses, without objections, to 17, 18, 28, 29 and 32 within 20 days from the date of the hearing. Plaintiff is awarded sanctions as against Defendant in the reduced amount of $875.00. Sanctions are payable within 30 days of the date of the hearing. Background Plaintiff Joanna Salazar, individually, and on behalf of aggrieved employees pursuant to t...

Excerpt: ...and Rachel Leyba's Motion to Strike Portions of First Amended Answer‐In‐Intervention Filed by Allstate Insurance Company is CONTINUED to June 9, 2022 at 9:30 a.m. [See below]. 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-1...

Excerpt: ... 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 that AIC received only $30,000.00 from Huang. AIC's President Longshen Lei (“Lei”) also advised that Huang's employment with AIC was...

Excerpt: ...hia Parulan-Colfer (“Parulan-Colfer”) is the superintendent of District. On May 31, 2017, while in the classroom during school hours, Moises suffered extensive injuries to his neck and went into cardiac arrest. Moises was transported to the hospital, where he died on June 4, 2017. On March 20, 2018, Gomez/Murillo filed a complaint, asserting causes of action against District, School, Parulan-Colfer and Does 1-20 for: 1. Negligence 2. Wrongful...

Excerpt: ...nal, Inc. (“MFI”). Zhu took the customer contacts and shipping pricing information provided to her by Plaintiff during her employment and used them for MFI's benefit without Plaintiff's consent. On August 29, 2019, Plaintiff filed a complaint, asserting causes of action against Zhu, MFI and Does 1-25 for: 1. Unfair Competition in Violation of Business & Professions Code § 17200, et seq. 2. Intentional Interference with Contractual Relations ...

Excerpt: ...he “Notice of Ruling.” Sanctions are declined. 2. Defendant EdCOA Inc. dba Carrington College's Motion to Compel Plaintiff Taylor Medina's [Further] Responses to Form Interrogatories Served February 2, 2022 is GRANTED. Taylor is to provide further, Code‐compliant responses to Carrington's Form Interrogatories, Set One, Nos. 1.1, 2.1, 2.5, 2.7, 2.8, 6.1‐6.7, 8.1‐8.8, 9.1, 9.2, 10.1‐10.3, 12.1‐12.6, 14.1, 14.2 and 50.1‐5.6), within ...

Excerpt: ...gh 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 section 437c, subdivision (c), requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence' and uncontradicted by other inferences or ev...

Excerpt: ...en spying on them in the shower and/or bedroom via a peephole. Martinez has called City Hall regarding Code violations. Additionally, in July 2020, E. Moreno broke the door lock and entered the Premises while Plaintiffs were out and without Plaintiffs' permission. Plaintiffs returned and were unable to enter the Premises, because E. Moreno had replaced and/or changed the door lock. When Plaintiffs went to speak with E. Moreno about this, E. Moren...

Excerpt: ...7 (“premises”). Prior to entering into the lease Plaintiff told Defendant that she suffers from mental illness. On or around September 25, 2019 Plaintiff made Defendant aware of several domestic violence acts that Plaintiff was experiencing at the premises with her ex-boyfriend and provided Defendant with police reports and restraining orders that were enforceable until on or around September 25, 2022. Defendant failed to act, which enabled t...

Excerpt: ...ird-party logistics provider (“3PL”) for Megaphoton, wherein Defendants would store Megaphoton's inventory in their warehouse and, upon Megaphoton's sale of any of its inventory, would package and ship same to the customer. Later that same month, Defendants unilaterally increased their storage rate to $1.3 per square foot (up from $0.85 per square foot) and their labor cost to a flat fee of $6,000.00/month (previously $18.00/hour). On April 2...

Excerpt: ...o provide further, Code‐compliant responses to Nos. 30 and 32‐34 within 20 days from the date of the hearing. Sanctions are declined. [2] Background Plaintiff Guofeng Chen (“Chen”) alleges as follows: Chen sought to obtain a United States visa leading to a green card for himself and his family utilizing Michael Gan's (“M. Gan”), Howard Gan's, Katherine Gan's and Shilan Wang's (“Wang”) (collectively, “Defendants”) services as i...

Excerpt: ...: 1. Penalties Pursuant to Labor Code § 2699(f) for Violations of Labor Code §§ 201, 202, 204, 226(a), 510, 1194 and 2802 and Pursuant to Labor Code § 2699(a) for Violations of Labor Code §§ 210, 226.3 and 558 On December 6, 2021, the parties informed the court that the case had settled. Discussion Plaintiff moves the court for an order: (1) Preliminarily finding that the proposed class action settlement falls within the range of reasonable...

Excerpt: ... Defendant and Does 1-10 for: 1. Book Account 2. Goods Sold and Delivered 3. Account Stated 4. Money Had and Received A Case Management Conference is set for April 22, 2022. Discussion Plaintiff applies for a right to attach order and writ of attachment against Defendant. The amount to be secured by the attachment is $196,036.02, which includes $3,500.00 in estimated costs and $1,200.00 in estimated allowable attorney fees. Analysis “Attachment...

Excerpt: ...Jose Beteta Bergman's Motion to Compel Responses to Special Interrogatories, Set Two from Plaintiff Fillimon Perez is GRANTED. 5. Defendant Jose Beteta Bergman's Motion to Compel Responses to Special Interrogatories, Set Two from Plaintiff Luis Perez is GRANTED. The court orders that responses without objections be provided within 30 days. The court will award $540.00 in sanctions for the 5 discovery motions plus the $60.00 filing fee on each of ...

Excerpt: ... Motion for Judgment on the Pleadings. 3. Defendant Lyft's Motion for Judgment on the Pleadings is GRANTED. Background Plaintiff Abdu Lkader Al Shikha (“Plaintiff”) alleges that on February 17, 2020, he was working as a driver for Lyft, Inc. (“Lyft”) when he was stabbed by passenger Ricky A. Alvarez (“Alvarez”). On April 17, 2020, Plaintiff filed a complaint, asserting the following causes of action against Defendants Lyft, Alvarez an...

Excerpt: ...iff Janet Ramirez (“Plaintiff”) alleges as follows: On or about August 19, 2017, Plaintiff purchased a 2017 Chevrolet Silverado 1500, VIN No. 3GCUCRERXHG417346 (“subject vehicle”). Plaintiff alleges that the subject vehicle suffers from various defects and that the subject vehicle has not been repaired after a reasonable number of attempts. On April 14, 2021, Plaintiff filed a complaint, asserting causes of action against General Motors, ...

Excerpt: ...nterest to Janice Larcom, decedent allege as follows: On April 15, 2020, Janice Larcom (“Larcom”) was discharged from Kaiser's Fontana Medical Center to Inland Valley Care and Rehabilitation Center. Larcom died on September 26, 2020 as a result of deficiencies in care. On September 24, 2021, Plaintiffs filed a complaint, asserting causes of action against Defendants Inland Valley Care and Rehabilitation Center, Inland Valley Partners, LLC, Ka...

Excerpt: ...intiff filed a civil action against H. Chen and Xiang to collect on the Loan. On November 24, 2017, the Beijing Court held a public trial. At the conclusion of trial, Plaintiff, H. Chen, Xiang and Weiping Chen (“W. Chen”) entered into a consent judgment (“Beijing Consent Judgment”), which the Beijing Court entered on November 24, 2017. The Beijing Consent Judgment provided that Xiang and H. Chen were to repay Plaintiff 6.145 PMB over thre...

Excerpt: ...ce. Honda, along with Karen Bonecki and Michael Bonecki (“the Boneckis” and collectively, “Defendants”), caused Plaintiff to sign a Power of Attorney in favor of Defendants, among other unknown documents, while Plaintiff was semi-conscious and not fully competent. Defendants began selling and otherwise disposing of Plaintiff's personal property. On September 1 2018, Plaintiff returned to the Premises and discovered that nearly all of her ...

Excerpt: ...Collision Inc. (“Company”) and Does 1-10 for: 1. Conversion 2. Breach of Agreement 3. Unjust Enrichment 4. Fraud in the Inducement On November 5, 2021, Company's default was entered. On December 17, 2021, Gutierrez's default was entered. An Order to Show Cause Re: Default Judgment is set for April 19, 2022. Discussion Plaintiff Jose Leonel Vergara's Application for Default Judgment is denied without prejudice. The following defects are noted:...

Excerpt: ...ects and that the subject vehicle has not been repaired after a reasonable number of attempts. On March 4, 2021, Plaintiff filed a complaint, asserting causes of action against General Motors, LLC (“Defendant”) and Does 1-50 for: 1. Violation of Subdivision (d) of Civil Code Section 1793.2 2. Violation of Subdivision (b) of Civil Code Section 1793.2 3. Violation of Subdivision (a)(3) of Civil Code Section 1793.2 4. Breach of Express Written W...

Excerpt: ... No. One, propounded by Plaintiff to Weng deemed admitted. Sanctions are awarded in the amount of $410.00 and are payable within 30 days of notice of this order. 2. Plaintiff Walnut Business Park, LLC's Motion for an Order that the Genuineness of Any Documents and the Truth of Any Matters Specified in Plaintiff's Requests for Admission (Set One) Propounded to Liang Cheng be Deemed Admitted is GRANTED. Pursuant to Code of Civil Procedure § 2033.2...

Excerpt: ...neral Act (“Plaintiff”) alleges as follows: Plaintiff was employed by CWD, LLC dba Centric Parts and First Brands Group (“Defendant”) as an hourly-paid, non-exempt employee. Defendant, inter alia, failed to compensate Plaintiff and other aggrieved employees for all hours worked, including minimum/ and overtime wages and missed meal periods and/or rest breaks, and failed to provide accurate wage statements. Defendant also failed to pay Pla...

Excerpt: ... his issue from same because she was upset that Jose had filed a lawsuit against his mother Sofia and sisters Guadalupe and Rose for breach of promissory estoppel based on Gloria's promise to allow him to reside in the property located at 4110 Rowland Ave., El Monte, CA 91731 (“subject property”) for as long as he lived and not to sell the subject property at any time during Jose's lifetime. This promise was included in a letter written by Jo...

Excerpt: ... 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. On March 2, 2021, Rachel dismissed her claims, without prejudice. On August 16, 2021, Simo...

Excerpt: ...the Premises with her sons Wilbur Alexander (“Wilbur”) and Jared Buckley (“Jared”). On December 13, 2000, Plaintiff transferred her interests in the Premises by quitclaim deed to her separate property trust. In 2003, Jared transferred his interest in the Premises to Plaintiff's separate property trust. In 2004, Wilbur transferred, in error, his interest in the Premises to Plaintiff and Plaintiff's other son, Kent Edward Buckley (“Kent�...

Excerpt: ...rrogatories (Set One) is GRANTED. Plaintiff is to provide further responses, without objections, within 20 days from the date of the hearing. Sanctions are awarded in the reduced amount of $525.00 and are payable within 30 days of the date of the hearing. 3. Defendant Lang Zhang's Motion to Compel Further Responses to Requests for Admission is GRANTED. Plaintiff is to provide further responses, without objections, within 20 days from the date of ...

Excerpt: ...llegally impounded. On March 24, 2021, Plaintiff filed a complaint, asserting a cause of action against Royal, Ramadan and Does 1-100 for: 1. Malicious Prosecution On March 8, 2022, Plaintiff dismissed Ramadan, without prejudice. A Case Management Conference is set for April 12, 2022. 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 is uncertain...

Excerpt: ...efendant's client's residence located at 16860 W. Sunset, Pacific Palisades, CA (“the Property”). In May 2019, the parties entered into an agreement whereby Defendant promised to pay Plaintiff $231,364.02 for cabinetry, millwork and painting services. Defendant was to make progress payments at various stages of the project. Defendant subsequently agreed to pay Plaintiff additional sums via two change orders, such that the total amount owed wa...

Excerpt: ... not been repaired after a reasonable number of attempts. On October 22, 2018, Plaintiff filed a complaint, asserting causes of action against Defendant FCA US LLC (“Defendant”) and Does 1-50 for: 1. Breach of Express Warranty 2. Breach of Implied Warranty 3. Violation of Subdivision (b) of Civil Code Section 1793.2 The Final Status Conference is set for May 24, 2022. Trial is set for June 7, 2022. Legal Standard “Any buyer of consumer good...

Excerpt: ...dant Ley Grand Foods Corporation (“Defendant”). A Case Management Conference is set for June 21, 2022. 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 considering demurrers, courts read the allegations liberally and in context. In a demurrer proceeding, the defects must be apparent on the face of t...

Excerpt: ...tained therein. Cal. Ev. Code §452. Plaintiff's untimely Opposition was reviewed and considered. This wrongful foreclosure action was filed by Plaintiff JESUS GARCIA on September 9, 2021. On December 20, 2021, the operative First Amended Complaint (“FAC”) was filed. The relevant facts, as alleged, are as follows: “Plaintiff brings this Complaint based on Defendant's severe mishandling of payments that Plaintiff has made on the loan. In fac...

Excerpt: ...s, Inc. (“TSI”). Ryu was fired and deprived of his salary and stock dividends. TSI is being relocated to Nevada. On January 10, 2022, Ryu filed a Third Amended Complaint, asserting causes of action against Defendants Jong Won Bok (“Bok”), Taijin USA (“Taijin”), TJ International Co., Ltd. (“TJ International”), TSI and Does 1-100 for: 1. Breach of Contract 2. Fraud 3. Breach of Fiduciary Duty 4. Conversion 5. Wrongful Termination 6....

Excerpt: ... offer of proof if so. 2. Defendants Jong Won Bok, TJ International Co. Ltd. and Taijn USA's Demurrer to Plaintiff's Complaint in Case No. 21PSCV01072 is OVERRULED 3. Defendants Jong Won Bok, Taijin USA, TJ International Co., Ltd. and Teehee Socks, Inc.'s Motion to Strike Portions of Plaintiff's Third Amended Complaint in Case No. 21PSCV00336 is DENIED as moot in part (i.e., as to TAC, ¶ 69, 16:8‐11 and ¶ 79, 17:21‐24) and otherwise DENIED....

Excerpt: ...t, LLC (collectively, “Plaintiffs”) allege as follows: On June 15, 2010, GV1, GV2 and CF Gainesville Owner Three (collectively, the “ProjectCos”) entered into Commercial PV Installation Contracts (collectively, the “EPC Contracts”) with SPG Solar Inc. (“SPG”) to engineer, design and install, and procure system components, including Astronergy/Chint Solar CSM6610P-22 Watt or equivalent photovoltaic panels (the “Modules”) for so...

Excerpt: ...2)) and otherwise GRANTED. Background[1] Plaintiffs Raymond Algorri and Susan Algorri (“Plaintiffs”) allege as follows: Plaintiffs are the owners of the property located at 2044 E. Farland St., Covina, California 91724 (the “Algorri property”). Nelson J. Joyal and Colleen Joyal (“The Joyals”) own the property located at 2048 E. Cypress St., Covina, California 91724 (the “Joyal Property”). Juan E. Garcia and Margarita Mallen aka Ma...

Excerpt: ...al, Inc. (“MFI”). Zhi took the customer contacts and shipping pricing information provided to her by Plaintiff during her employment and used them for MFI's benefit without Plaintiff's consent. On August 29, 2019, Plaintiff filed a complaint, asserting causes of action against Zhu, MFI and Does 1-25 for: 1. Unfair Competition in Violation of Business and Professions Code Section 17200, et seq. 2. Intentional Interference with Contractual Rela...

Excerpt: ...ave to amend is requested and will require an offer of proof if so. Background Case No. 21PSCV01052 Plaintiff Aurora Chan (“Chan”) alleges as follows: On or about March 19, 2021, Chan entered into a construction contract with Burns & Partners Inc. dba Burns Environmental Service (“Burns”) for the completion of asbestos abatement at Chan's property located at 2454 Pocatello Ave., Rowland Heights, CA 91748 (“Premises”). On or about Apri...

Excerpt: ...ity of Industry (“Industry”), San Gabriel Valley Council of Governments (SGVCOG”) and Alameda Corridor-East Construction Authority (“ACE”) operated a construction project known as the Fullerton Road Grade Separate Project (the “FRGS Project”) in such a manner as to eliminate foot and vehicle access to the subject property. On February 5, 2021, Plaintiff filed a complaint, asserting causes of action against Industry, SVGCOG, ACE and ...

Excerpt: ...total of which would be used as a down payment to purchase real property. Due to Plaintiff's credit issues, Plaintiff and George agreed that title to the property would be held in George's and/or his wife Kathleen's name(s). In accordance with the agreement, the parties purchased the property located at 1824 W. Ranchero Street, West Covina, California (“Ranchero Property”). Plaintiff lived at the Ranchero Property with her two children, along...

Excerpt: ...en Corral restaurant in which C. He would own 50%, Chen would own 42% and Hung would own 8% and that (2) they would split the profits of the restaurant proportionally to their respective ownership percentages. Pursuant to their conversations, C. He, Chen and Hung entered into a Golden Corral Franchise Agreement and incorporated Golden Globalinks (“Globalinks”) for the purpose of operating a Golden Corral restaurant in Ontario. At the first Gl...

Excerpt: ... against Jose Lopez (“Lopez”), Maria Zarate (“Zarate”), All Unknown/Unnamed Persons Claiming Possession of the Premises and Does 1-10. On April 12, 2019, this case was deemed related to Case No. 19PSCV00306; Case No. 19PSCV00306 was designated as the lead case. On November 5, 2019, the cases were consolidated. Case No. 19PSCV00306 On April 3, 2019, Lopez and Zarate filed a complaint, asserting causes of action against Torres, Adam McDanie...

Excerpt: ...Meixi”). At the time Meixi was born and to date, F. Li was and has been married to another woman. On July 27, 2012, F. Li purchased and gifted the subject property to Liu to help Liu since she was raising Meixi by herself. Prior to and upon closing of the escrow of the subject property, F. Li told Liu that he had purchased the subject property for her and was giving it to her. F. Li told Liu he would transfer title to the subject property at a ...

Excerpt: ...rlene Medina (“Darlene”) (collectively, “Plaintiffs”) allege as follows: Taylor attended the Veterinary Technology Associate of Science degree program at Carrington College Pomona (“Carrington”). Carrington and Adtalem Global Education (“Adtalem”) improperly obtained loans and misapplied funds to Taylor's student account. On December 27, 2018, Plaintiffs filed an “Amendment to Complaint,” wherein San Joaquin Valley College (�...

Excerpt: ...ks, Inc. (“TSI”). Ryu was fired and deprived of his salary and stock dividends. TSI is being relocated to Nevada. On January 10, 2022, Ryu filed a Third Amended Complaint, asserting causes of action against Defendants Jong Won Bok (“Bok”), Taijin USA (“Taijin”), TJ International Co., Ltd. (“TJ International”), TSI and Does 1-100 for: 1. Breach of Contract 2. Fraud 3. Breach of Fiduciary Duty 4. Conversion 5. Wrongful Termination 6...

Excerpt: ...trike under section 425.16—the so-called anti-SLAPP statute—allows a defendant to seek early dismissal of a lawsuit that qualifies as a SLAPP.” (Nygard, Inc. v. Uusi‐Kerttula (2008) 159 Cal.App.4 th 1027, 1035.) “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a pub...

Excerpt: ...ust 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, Case No. BS155273 (the “Sachin Matter”). FSB then filed case styled Fi...

Excerpt: ...na dba Used Car Sales (“Defendant”) and Does 1-10 for: 1. Unlawful Detainer On September 9, 2021, the court granted Plaintiff's Motion for Summary Judgment. On September 14, 2021, judgment was filed. On September 16, 2021, Plaintiff filed (and mail-served) a “Notice of Entry of Judgment.” Legal Standard “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce th...

Excerpt: ...n Ye's and Tian Lang Tan's Motion to Compel Further Responses to Form Interrogatories Against Plaintiff Hai Ying Ruan is GRANTED. H. Ruan is to provide further, Code‐compliant responses to Form Interrogatories Nos. 2.5, 2.6, 2.7, 9.1, 14.1 and 17.1 within 20 days from the date of the hearing. Sanctions are awarded in the reduced amount of $510.00 and are payable within 30 days of the date of the hearing. 3. Defendants Han Ye's and Tian Lang Tan...

Excerpt: ...el Lopez (“Lopez”), Gurney Trucking, Inc. (“GTI”) and Does 1-25 for: [1] 1. Motor Vehicle Negligence 2. General Negligence On July 7, 2020, GTI filed a cross-complaint, asserting causes of action against Bendix Commercial Vehicle Systems, LLC (“Bendix”), Paccar, Inc. (“Paccar”), Peterbilt Motors Company (“Peterbilt”), Jackson Group Peterbilt, Inc. (“Jackson Group”) and Moes 1-10 for: 1. Indemnity 2. Contribution 3. Compara...

Excerpt: ... separate motion. Background Petitioner Colony at the Lakes, LLC (“Petitioner”) is the owner and landlord of the commercial property located at 301 South Glendora Avenue, Unit 28, West Covina, California (“Premises”). West Covina KTK Restaurant, Inc, successor-in-interest to KTK LLC dba BurgerIM (“Tenant”) was the commercial tenant of the Premises. On or about October 15, 2020, a Mechanic's Lien was recorded against the Premises by SD...

Excerpt: ...om Plaintiffs ostensibly for EB-5 program purposes but instead diverted the money for their own purposes. On March 18, 2019, Plaintiffs filed a complaint, asserting causes of action against Defendants Billy Xu, Sharepac, Inc., BCM International, Inc., Lulu36, LLC (“Lulu36”) and Does 1-25 for: 1. Fraud 2. Breach of Fiduciary Duty 3. Breach of Contract 4. Violation of Business & Professions Code § 17200 5. Negligent Misrepresentation 6. Common...

Excerpt: ...�) and Feng Gui (“Gui”), wherein FC Floor and Gui agreed to install a new wooden teak floor for portions of Sun's house in exchange for payment. The installation was completed on September 21, 2021. Sun notified Gui that the installation was defective. On September 26, 2021, Gui came to Sun's house, inspected the flooring and admitted the installation was defective. FC Flooring and Gui have failed to fix the defects. On November 12, 2021, Sun...

Excerpt: ...perty 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 (Premises Liability) On September 15, 20...

Excerpt: ...ente Hills Hyundai, LLC's Motion for Order Compelling Plaintiff Jinwoo Kim's Answers to Special Interrogatories (Set One) is GRANTED. Plaintiff is ordered to provide verified responses, without objections, to Dealer's Special Interrogatories, Set No. One, within 20 days from the date of the hearing. Sanctions are awarded in the reduced amount of $397.50 and are payable within 30 days of the date of the hearing. 3. Defendant Puente Hills Hyundai, ...

Excerpt: ...eservation LP (erroneously sued herein as La Puente Preservation LTD Partner dba La Puente Park Apartments) (“La Puente”), Commercial Coating Company, Inc. (“CCC”), Adrian Loera (“Loera”) and Does 1‐25 for: 1. Premises Liability 2. General Negligence On March 8, 2019, La Puente filed a cross‐complaint, asserting causes of action against CCC, Ashwood Construction Inc. (“Ashwood”) and Roes 1‐25 for: 1. Total Indemnity 2. Equit...

Excerpt: ... 1. Penalties Pursuant to Labor Code § 2699(f) for Violations of Labor Code §§ 201, 202, 226(a), 226.7, 510, 512, 1194 and 2802 and Pursuant to Labor Code § 2699(a) for Violations of Labor Code §§ 226.3 and 558 On November 5, 2021, Plaintiff filed a conditional “Notice of Settlement of Class and PAGA Action Subject to Court Approval.” An Order to Show Cause Re: Dismissal (Settlement) is set for March 8, 2022. Discussion Plaintiff moves ...

Excerpt: ...or in Interest, Christine Evans, Christine Evans, Bruce Marshall, Jeffrey Marshall and Mary Michelle Smith (“Plaintiffs”) allege as follows: Janet Marshall (“Janet”) was a patient at Oak Park Manor from April 12, 2015 until June 8, 2019. Janet died on June 8, 2019 as a result of deficiencies in care. On March 30, 2021, Plaintiffs filed a complaint, asserting causes of action against Oak Park Manor, LP (“Oak Park Manor”), GT Madison Re...

Excerpt: ...ect vehicle has not been repaired after a reasonable number of attempts. On November 10, 2021, Plaintiff filed a complaint, asserting causes of action against Ford Motor Company (“Defendant”) and Does 1‐50 for: 1. Violation of Subdivision (d) of Civil Code Section 1793.2 2. Violation of Subdivision (b) of Civil Code Section 1793.2 3. Violation of Subdivision (a)(3) of Civil Code Section 1793.2 4. Breach of Express Written Warranty (Civil Co...

Excerpt: ...�compliant responses to RTPs Nos. 1, 2, 5 and 9‐18, FROG No. 15.1 and SROGs Nos. 31 and 32 within 20 days from the date of the hearing. Sanctions are awarded in the reduced amount of $2,560.00 and are payable within 30 days of the date of the hearing. Counsel for Industrial is ordered to pay an additional $180.00 in filing fees at or before the time of the hearing. Background [1] Plaintiffs Industrial Finishes & Systems, Inc. (“Industrial”)...

Excerpt: ...untered multiple access barriers which denied Plaintiff full and equal access to the facilities, goods and services offered to the public and made available to the public on Defendant's website. On November 24, 2021, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1-10 for: 1. Violations of the Unruh Civil Rights Act, California Civil Code § 51 et seq. A Case Management Conference is set for April 13, 2022. Le...

Excerpt: ...rra compensation plan. Andorra organized its sales agents into a network of “up-lines” and “down-lines,” whereby agents were compensated based not only on their own sales of Andorra products, but on the sales of people recruited by them, called “down-lines,” and on sales of people recruited by the “down-lines” as well. On or about April 15, 2017, Plaintiff's “down-lines” were transferred to other agents, which caused Plaintiff...

Excerpt: ...e injuries. On May 8, 2020, Plaintiff filed a First Amended Complaint, asserting causes of action against Clockwork Property Management, Inc. (“Clockwork”), RMR Pros Inc. (“RMR Pros), Hanan Faytrouni (“H. Faytrouni”) and Does 1-25 for: 1. General Negligence 2. Premises Liability On July 28, 2020, Plaintiff filed an “Amendment to Complaint,” wherein Khaled A. Faytrouni (“K. Faytrouni”) was named in lieu of Doe 1. On August 6, 202...

Excerpt: ... This lawsuit arises out of an October 17, 2017 motor vehicle collision. On October 8, 2019, Plaintiff Mollie Marie Estrada (“Plaintiff”) filed a complaint, asserting causes of action against Defendants Jose Martin Sevilla (“Sevilla”), Lakeshore Learning Materials, LLC, formerly Lakeshore Equipment Company dba Lakeshore Learning Materials (sued as Lakeshore Equipment Company dba Lakeshore Learning Materials) (“Lakeshore”) and Does 1-5...

Excerpt: ...in 30 days of the date of the hearing. Background Plaintiffs, Kevin Castro, Jr., a minor (“Kevin Jr.”) by and through his Guardian ad Litem, Alejandra Arroyo, Alejandra Arroyo (“Alejandra”) and Kevin Castro (“Plaintiffs”) allege as follows: Defendants provided substandard pre-delivery and prenatal care, delivery and post- delivery care to Alejandro, which resulted in injuries to Kevin Jr. On December 4, 2017, Plaintiffs filed a First ...

Excerpt: ...a. Tang told Plaintiff that the property's total value was $6.28 million dollars and that Plaintiff needed to pay a 3% deposit (i.e., $188,400.00) of this amount. At this time, Tang introduced a bank called CTBC Bank (“Bank”) to Plaintiff, claimed that she was currently working with Bank and promised that she would secure the loan for Plaintiff or refund all money to him. Plaintiff opened an account at Bank and deposited $6,000.00. In June 20...

Excerpt: ...ct property); Defendants James Brock (“James”), David A. Brock (“David”) and Bonnie J. Brock (“Bonnie” and collectively the “Defendants”) collectively own a 75% share of the subject property. Plaintiff seeks a partition and sale of the subject property. On August 29, 2019, Plaintiffs filed a complaint for Partition against Defendants and Does 1-20. On October 11, 2019, James' default was entered. On April 8, 2020, a “Stipulation...

Excerpt: ...ts stopped paying royalties pursuant to contract and have not accounted for sales. On March 3, 2021, Plaintiff filed an Amendment to the Complaint, in which Sunrex Technology was named in lieu of Doe 1. On December 3, 2021, Plaintiff filed a Second Amended Complaint, asserting a cause of action against Defendants and Does 1-25 for: 1. Breach of Contract A Case Management Conference is set for February 23, 2022. Legal Standard A demurrer may be ma...

Excerpt: ...on against Defendant and Does 1- 10 for: 1. Book Account 2. Goods Sold and Delivered 3. Account Stated 4. Money Had and Received A Case Management Conference is set for March 16, 2022. Discussion Plaintiff applies for a right to attach order and writ of attachment against Defendant. The amount to be secured by the attachment is $196,036.02, which includes $3,500.00 in estimated costs and $1,200.00 in estimated allowable attorney fees. Analysis �...

Excerpt: ...n or about January 23, 2016, Plaintiffs purchased a 2016 Chevrolet Camaro, VIN No. 1G1FB1RS8G0136118 (“subject vehicle”). Plaintiffs allege that the subject vehicle suffers from various defects and that the subject vehicle has not been repaired after a reasonable number of attempts. On September 10, 2020, Plaintiffs filed a complaint, asserting causes of action against General Motors, LLC(“Defendant”) and Does 1-50 for: 1. Violation of Su...

Excerpt: ...led a First Amended Class and Representative Action Complaint, asserting causes of action against Defendant OPARC and Does 1-100 for: 1. Failure to Pay All Minimum Wages Owed (Labor Code §§ 1194, 1194.2, 1197) 2. Failure to Pay All Overtime Wages Owed (Labor Code §§ 204, 510, 1194, 1198) 3. Failure to Provide Meal Periods (Labor Code §§ 226.7, 512, 558) 4. Failure to Authorize and Permit All Rest Periods (Labor Code §§ 226.7, 516) 5. Fail...

Excerpt: ...o pay herself, her son Frankie Hao Liu (“Frankie”) and her personal debts. On July 16, 2020, Plaintiff filed a complaint, asserting causes of action against Race, Frankie 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. Unjust Enrichment The Final Status Conference is set for May 6, 2022. Trial is set for May 20, 2022. Legal Standard “...

Excerpt: ...ound Plaintiff Making ELS, LLC (“Plaintiff”) alleges as follows: On May 19, 2017, Plaintiff entered into a Commercial Lease Agreement (“CLA”) with Enhancer Elsinore, LLC, Esther Lin and Walter 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. At Defendants' request, the parties on June 16, 2017 signed...

Excerpt: ... a member of California Dreaming, LLC (“CA Dreaming”); Albert Connie (“Connie”) is the Chief Operations Officer and a member of same. Beginning in or about early June 2017, Kaufman, on behalf of CA Dreaming, began talking to Plaintiff about a potential business venture, wherein Plaintiff would invest funds for CA Dreaming to purchase two Florida residential properties which were being operated as residences for mental health patients (“...

Excerpt: ... Maria Wilson's Motion to Strike Portions is DENIED as MOOT. 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....

Excerpt: ...n”) alleges as follows: Chen sought to obtain a United States visa leading to a green card for himself and his family utilizing Michael Gan's (“M. Gan”), Howard Gan's, Katherine Gan's and Shilan Wang's (collectively, “Defendants”) services as immigration consultants. Defendants promised to provide such services for $250,000.00 and represented that the visa would be approved by the United States Citizenship and Immigration Services by Se...

Excerpt: ...$30,072.98 (“Contract”), which was secured by a 2019 Harley-Davison FLTRXS Road Glide, VIN # 1HD1KTP38KB605745 (“Motorcycle”). On or about October 6, 2019, Defendant obtained possession of the Motorcycle. Defendant has failed to make the March 5, 2020 payment and all other subsequent payments and refuses to return the Motorcycle. On September 1, 2021, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-10 ...

Excerpt: ...neral Form Interrogatories Against Defendant Haroon Amin is DENIED. Sanctions are awarded to Haroon Amin and against Hafiz KR Butta in the reduced amount of $450.00 and are payable within 30 days of the date of the hearing. 3. Plaintiff Hafiz KR Butta's Motion for an Order Compelling Further Responses to Plaintiff's Second Set of Special Interrogatories Against Defendant Haroon Amin is DENIED. Sanctions are awarded to Haroon Amin and against Hafi...

Excerpt: ...for Production of Documents, Set One is GRANTED. Plaintiff is ordered to provide a further, Code‐compliant response to No. 9 within 20 days from the date of the hearing. Plaintiff is also ordered to provide all responsive documents to Nos. 8 and 18 within 20 days from the date of the hearing. Background Plaintiff Ceci Qiao Lee (“Plaintiff”) alleges as follows: On February 20, 2018, Plaintiff went to Wave Plastic Surgery Center R.H., Inc. (�...

Excerpt: ...ed that Plaintiffs form a partnership with him wherein they would develop vacant land located at Knoefler Drive, Riverside, CA 92505 into three single family homes (“K-Project”). Szu advised Plaintiffs that he obtained a foreign investor's money to finance the construction of the homes. On or about February 4, 2016, Plaintiffs and Szu signed a “K-3 Lots Partnership,” wherein they agreed to form a partnership to develop the K-Project. Plai...

Excerpt: ...of action against Valmont Industries, Inc. (“VII”), Valmont Highway, Armorflex International Limited (“Armorflex”), Lindsay Corporation (“Lindsay Corp.”), Lindsay Transportation Solution Sales & Service LLC (“Lindsay TSSS”), Ferreira Construction Co., Inc. (“Ferreira”), State of California (“CalTrans”) and Does 1-50 for: 1. Negligence and Negligence Per Se 2. Strict Liability 3. Negligence 4. Negligence On May 18, 2018, Fe...

Excerpt: ...gainst Munoz. A Case Management Conference is set for February 2, 2022. 1. Demurrer 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 is uncertain, that the person who filed the pleading does not have the legal capacity to sue and that, in an action founded upon a contract, it cannot be ascertained from the pleading whether the contract is writte...

Excerpt: ...Gregory R. Acosta (“Gregory”). On March 4, 2019, Plaintiff dismissed GRA, Diamond, Kestra, SA, and Gregory (hereinafter referred to collectively as “Dismissed Defendants”). The operative pleading is the Fourth Amended Complaint which asserts causes of action against Pacific for: 1. Intentional Misrepresentation 2. Negligent Misrepresentation 3. Negligence 4. Unfair Competition ANALYSIS Defendant Pacific Life Insurance's Motion for Summary...

Excerpt: ...ses of action against Defendants Juechen Du (“Du”) and Kaiheng Chen (“Chen”) for: 1. Negligence 2. Breach of Contract 3. Conversion 4. Failure to Pay Rent 5. Civil Conspiracy On October 22, 2021, Du and Chen filed a cross-complaint, asserting causes of action against Huang, Lo and Does 1-100 for: 1. Breach of Contract 2. False Accusation and Retaliatory Eviction 3. Negligence A Case Management Conference is set for February 1, 2022. Legal...

Excerpt: ...tiffs Ann Hon (“Hon”) and Charles Lai (“Lai”) collectively own an undivided two-thirds interest as tenants in common in the property located at 1446 Cabinda Drive, Hacienda Heights, California 91745 (“Hacienda Heights Property”); Herman Yee (“Yee”) owns the remaining undivided one-third interest as a tenant in common in same. Plaintiffs seek a partition by sale of the Hacienda Heights Property. On June 19, 2008, Hon and Lai filed ...

Excerpt: ...Plaintiff Phillip Tiang (“Plaintiff”) allege as follows: Plaintiff and Khairil Singgih (“Singgih”) were business partners in the electronics industry. Plaintiff and Singgih formed several companies, including Duality Focus Co., Ltd. (“Duality”), and divided their efforts in managing and maintaining these companies. Plaintiff seeks to divest himself from the partners' business ventures, but Singgih has withheld company documents and re...

Excerpt: ...e., $30,000.00 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. C...

Excerpt: ...Code § 2699(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.” A Case Management Conference and an Order to Show Cause Re: Dismissal (Settlement) are set for January 27, 2022. Discussion Plaintiff moves for an order (1) preliminarily findi...

Excerpt: ...��) traveled together to Las Vegas, where they won a significant sum of money gambling. While in Las Vegas, Zhengjun and Zengpeng met Fai Wong (“Wong”), who represented himself as a casino host. Wong told Zhengjun and Zhengpeng 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 Ve...

Excerpt: ...to Guzman's Motion to Strike Portions of Plaintiff Elikin Mauricio Yepes's First Amended Complaint is DENIED as MOOT in part (i.e., as to P. 6, l. 17, P. 11, l. 6; P. 6, l. 18; P. 11, l. 7; P. 6, ll. 20‐22 and P. 11, ll. 10‐12) and otherwise GRANTED. The court will hear from counsel for Plaintiff as to whether leave to amend is requested and will require an offer of proof if so. Background Plaintiff Elikin Mauricio Yepes (“Plaintiff”) all...

Excerpt: ...d. are ordered modified to a time period of January 2016‐August 2021. Sanctions are declined. Background Plaintiffs Kaushik C. Patel (“Kaushik C.”), Kaushik M. Patel, individually and as Trustee of the Kaushik & Lata Patel Living Trust 2008 Dated May 24, 2008 (“Kaushik M.”), and Lata Patel, as Trustee of the Kaushik & Lata Patel Living Trust 2008 Dated May 24, 2008 (collectively, “Plaintiffs”) allege as follows: In or about 2001, Pl...

Excerpt: .../Home Energy Renovation Opportunity (“HERO”) loan. Plaintiffs Olivia Hernandez (“Hernandez”) and Sugey Lopez (“Lopez”) (hereinafter collectively, “Plaintiffs”) contend that, in the fall of 2018, Esmeralda De Vasquez (“De Vasquez”) and Aldo Manuel Perez Martinez (“Perez”), acting as unlicensed agents on for Danneco Construction (“Danneco”), came to Hernandez's home located at 569 La Seda Road, La Puente, California 9174...

Excerpt: ...ng 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 Wages (Cal. Labor Code §§ 221, 223, 510) 2. Failure to Provide Meal a...

Excerpt: ...y Associate of Science degree program at Carrington College Pomona (“Carrington”). Carrington and Adtalem Global Education (“Adtalem”) improperly obtained loans and misapplied funds to Taylor's student account. On December 27, 2018, Plaintiffs filed an “Amendment to Complaint,” wherein San Joaquin Valley College (“SJVC”) was named in lieu of Doe 1. On November 15, 2019, Plaintiffs dismissed SJVC, without prejudice. On December 2, ...

Excerpt: ... repaired after a reasonable number of attempts. On November 20, 2019, Plaintiffs filed a complaint, asserting causes of action against Ford Motor Company (“Defendant”) and Does 1-50 for: 1. Violation of Subdivision (d) of Civil Code Section 1793.2 2. Violation of Subdivision (b) of Civil Code Section 1793.2 3. Violation of Subdivision (a)(3) of Civil Code Section 1793.2 4. Breach of Express Written Warranty (Civil Code Section 1791.2 Subdivi...

Excerpt: ...as and Perez. A Case Management Conference is set for March 4, 2022. Legal Standard A demurrer may be made on the grounds that the pleading is uncertain. (Code Civ. Proc., § 430.10, subd. (f).) When considering demurrers, courts read the allegations liberally and in context. In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968,...