Excerpt: ...nistration services to Defendant in exchange for payment. Defendant failed to pay money due to Plaintiff on May 5, 2020. On December 22, 2020, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1-100 for: 1. Breach of Contract On May 17, 2021, Defendant's default was entered. On August 19, 2021, default judgment was filed. Legal Standard Code of Civil Procedure § 473(d) Pursuant to Code of Civil Procedure section...

Excerpt: ...st Nissan North America, Inc. (“Defendant”) and Does 1-10 for: 1. Violation of the Song-Beverly Consumer Warranty Act—Breach of Express Warranty 2. Violation of the Song-Beverly Consumer Warranty Act—Breach of Implied Warranty of Merchantability The Final Status Conference is set for October 10, 2023. Trial is set for October 24, 2023. Legal Standard “[T]he demanding party may move for an order compelling further response to the demand ...

Excerpt: ...ra, CA, 91740 (“Property”), which is a unit within the Project. Real Party in Interest Larry B. Bruck (“Bruck”) resides at the Property as Tao's and Wu's tenant. Bruck has violated various Covenants, Conditions & Restrictions (“CC&Rs”). On July 23, 2020, Plaintiff filed a complaint, asserting causes of action against Tao, Wu, Does 1-10 and Bruck for: 1. Breach of CC&Rs 2. Abatement of Public Nuisance 3. Declaratory Relief On June 11, ...

Excerpt: ... On December 20, 2018, Plaintiff filed a complaint, asserting causes of action against Defendants La Puente Park Preservation 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...

Excerpt: ...utors, Inc. (“Pacific Wine”) entered into numerous agreements with Plaintiff whereby Plaintiff purchased Pacific Wine's account receivables. These agreements were secured by a UCC-1 lien and required that Pacific Wine remit payments to Plaintiff. Pacific Wine breached the agreement and failed to pay. Plaintiff was thereafter notified that Pacific Wine had sold substantially all of its assets (including its account receivables) to Defendants E...

Excerpt: ...peedZone Los Angeles's unopposed Motion for a Protective Order Limiting the Number of Depositions of Fernando Kamiyama, Individually, or as a PMK is GRANTED. SpeedZone's request for sanctions is declined. 4. Plaintiff Alfred J. Johnson's Motion for Leave to File Plaintiff's Second Amended Complaint is Background Plaintiff Alfred J. Johnson (“Plaintiff”) alleges that, on or about March 4, 2017, he sustained severe injuries when an employee of ...

Excerpt: ...ff filed a Second Amended Complaint, asserting causes of action against Defendants Jong Won Bok, Taijin USA, TJ International Co., Ltd., TSI and Does 1-100 for: 1. Breach of Contract 2. Fraud 3. Breach of Fiduciary Duty A Case Management Conference and a Status Conference Re: Discovery Motions are set for January 10, 2022. Legal Standard “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any ple...

Excerpt: ...llege as follows: Plaintiffs are former or current tenants of the multi-unit residential property located at 601 N. East End Avenue, Pomona, California, 91767 (“subject property”). The subject property contained numerous habitability issues which were not fixed, despite Plaintiffs' complaints. Plaintiffs were also discriminated against due to familial status (i.e., having minor children). On February 4, 2019, Plaintiffs filed a complaint, ass...

Excerpt: ...toma”); (2) Reborn System Inc. dba Korea House; Korea House BBQ, Gogiya, Gogi House, Gogiya 3 BBQ (“Reborn”); (3) Gogiya 3 BBQ dba Korea House, Korea House BBQ, Gogiya, Gogi House, Gogiya 3 BBQ (“Gogiya 3”); (4) Ga Rim, Inc. dba Korea House, Korea House BBQ, Gogiya, Gogi House, Gogiya 3 BBQ (“Ga Rim”); (5) Bok SK, Inc. dba Korea House, Korea House BBQ, Gogiya, Gogi House, Gogiya 3 BBQ (“Bok SK”); (6) CKY20, Inc. dba Korea House,...

Excerpt: ...truction 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. Plaintiffs and Szu agreed therein that they would each be equal partners and would each make an $80,000.00 initial investment. Szu subsequently represented to Plaintiffs that to use the foreign investor's funds, the K‐ Project would be used to sponsor the foreign inv...

Excerpt: ...raham (“Graham”) and Patty Miracle (“Miracle”) (collectively, “Defendants”) failed to timely inform Plaintiff of any impending termination, lapsing or other cancellation of his existing car insurance policy; as such, Plaintiff was uninsured at the time of the March 31, 2017 accident and is precluded by law from collecting any of his non-economic damages from the at- fault driver. On April 2, 2019, Plaintiff filed a complaint, assertin...

Excerpt: ...Providence Saint Joseph Medical Center (“Providence”) for medical treatment. While at Providence, Ramiro developed pressure ulcers on his buttocks, lower back and head and received no treatment for them. Ramiro was subsequently transferred to KND 52, LLC dba Kindred Baldwin Park (“Kindred-BP”) and THC-Orange County, LLC dba Kindred Hospital Los Angeles (“Kindred- LA”), where his pressure ulcers continued to develop and worsen. Ramiro ...

Excerpt: ...been the subject of recurring hazardous and substandard property conditions and other unlawful conditions due to inadequate maintenance and/or neglect, including dilapidated and fire damaged structures. Defendants have failed to comply with multiple notices and correspondence issued by Plaintiff. On July 27, 2021, Plaintiff filed a complaint, asserting causes of action against Defendants EML, LLC (“EML”), Mohamed Iqbal Bholat (“Bholat”) (...

Excerpt: ...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 future time...

Excerpt: ...hile attending Lone Hills Middle School. On December 4, 2018, this case was transferred from Department 2 of the Personal Injury Court to Department J of the Pomona Courthouse South. On December 13, 2018, this case was ordered reassigned to the instant department. On April 30, 2019, C. Disney's default was entered. On September 6, 2019, Plaintiff filed a Third Amended Complaint, asserting causes of action against Bonita Unified School District (�...

Excerpt: ... after the trial of Claremont I, secretly entered into a sale agreement with Yalong Investment Group, LLC (“Yalong”) which represents a violation of Consortium's right to purchase the property under the First Offer Clause (“FOC”) if the judgment is reversed, or the First Right of Refusal (“FROR”) if the judgment in Claremont I is affirmed. Consortium alleges that the sales agreement also constitutes a violation of the Educational Use ...

Excerpt: ...GRANTED in part (i.e., as to the first request and fourth request [as it pertains to the second cause of action]) and is otherwise DENIED as moot. Background Plaintiff Bassett Unified School District (“Plaintiff”) alleges as follows: On or about April 21, 2015, Plaintiff entered into a Program and Construction Management Agreement (“Agreement”) with DelTerra Real Estate Services, Inc. dba DelTerra Group (“DelTerra”). DelTerra unilater...

Excerpt: ...June 5, 1957, Defendant Claremont Graduate University fka Claremont College and Claremont University Center (“CGU”) conveyed approximately 16.4 acres of land contiguous to The Claremont Colleges (“Parcels 1 and 2”) to CST in exchange for $107,500.00 via a grant deed (the “1957 Deed”). The 1957 Deed contained two restrictions: (1) a First Option Clause (“FOC”) and (2) an educational use restriction, both of which were enforced by a...

Excerpt: ...tal of $30,000.00, which Manocchi agreed to repay. On or about April 22, 2019, Manocchi failed to repay the loan on demand. On September 12, 2019, Kennedy filed a First Amended Complaint, asserting causes of action against Manocchi and Does 1-10 for: 1. Breach of Contract 2. Common Counts On October 8, 2020, a “Notice of Death of Plaintiff” was filed. On February 4, 2021, an “Ex Parte Order Substituting Plaintiff” was filed, herein “Nin...

Excerpt: ...the notice of ruling. Sanctions are awarded as against B. Farag in the reduced amount of $599.15 and are payable within 30 days of service of the notice of ruling. 2. Cross‐Defendant/Cross‐Complainant Tim Ryan Construction, Inc.'s Motion to Compel Cross‐ Complainant Basem Farag's Responses to Request for Production of Documents, Set One is GRANTED. B. Farag is ordered to serve verified responses without objections to TRC's Request for Produ...

Excerpt: ...l and industrial land uses (on the east side of Irwindale Avenue), south of the Reliance I Sand & Gravel Quarry and situated on the north side of Foothill Boulevard and north of Interstate 210 (the “Property”). The Property was formerly the site of the Reliance II Sand and Gravel Quarry but has since been reclaimed pursuant to the “Development Agreement for the Reliance I Quarry and Reliance II Landfill Between the City of Irwindale and Cal...

Excerpt: ...lity for the elderly. On March 30, 2021, plaintiffs Janet Marshall, by and through her Successor in Interest, Christine Evans, et al. (collectively, the “Plaintiffs”), filed a Complaint (“Complaint”) against defendants OPM, GT Madison Realty, LLC; Madison Realty Equities, LLC; Monica Marshall; and Does 1 through 100, inclusive (collectively, the “Defendants”). The Complaint asserts the following causes of action against the Defendants...

Excerpt: ...ge Group, Inc. (“Defendant”). On April 19, 2021, the parties stipulated to Plaintiff's filing of a First Amended Complaint to add class action claims pursuant to the Private Attorneys' General Act (“PAGA”). The First Amended Complaint asserts causes of action for: 1. Violation of PAGA, section 2698 et seq.; 2. Failure to Pay Overtime Wages (Labor Code §§ 510, 1194 et seq.); 3. Waiting Time Penalties (Labor Code §§ 201‐204); and 4. F...

Excerpt: ...n one year. Lei did not repay the principal amount when due nor did he make all required interest payments. Lei made promises to repay in an attempt to forestall legal action. On September 21, 2021, Plaintiff filed a First Amended Complaint, asserting causes of action against L. Lei, American Realty Investment, LLC (“ARI”), USA Realty Reserve Center LLC (“USA Realty”), U.S.A. First Construction and Decoration Inc., USA Flooring Wholesale ...

Excerpt: ...n for Summary Judgment is DENIED. Cho's Motion for Summary Adjudication is GRANTED in part as to Issue No. 1 and otherwise DENIED. Background Case No. BC650062 Plaintiffs Cheng Guang He (“He”) and Ya Shi Xiang (collectively, “Plaintiffs”) allege as follows: On or about July 12, 2016, He was injured by a roof-access ladder manufactured, installed, and maintained at 11531 Lower Azusa Road, El Monte, CA 91732. On February 9, 2017, Plaintiffs...

Excerpt: ...nd 13], within 20 days from the date of service of the notice of ruling. Sanctions are awarded in the reduced amount of $810.00 and are payable within 30 days from the date of service of the notice of ruling. 2. Plaintiff Puente Hills Business Center III's Motion to Compel Further Responses to Requests for Production of Documents (Set One) & Production of Documents from Defendant Glory Investment International, Inc. is GRANTED. Glory Investment i...

Excerpt: ...of Contract and (2) Common Counts‐Money Lent. On September 12, 2019, Plaintiff filed its Amended Complaint. On October 15, 2019, Defendant filed his answer. On October 8, 2020, a Notice of Death of Plaintiff was filed. Plaintiff died on August 20, 2020 and a successor to Plaintiff's rights had not yet been appointed. On February 2, 2021, Plaintiff filed an Ex‐Parte Application to Substitute Nina Schadler as the Successor Trustee of The Harvey...

Excerpt: ...�14.) The sexual abuse continued into third grade, including in Ms. Ojeda's third‐grade classroom, the administration building, the library, and the school bathrooms (Complaint ¶15.) One day during third grade, in approximately February 2018, Ms. Ojeda discovered Plaintiff orally copulating one of the boys in her classroom. She reported the incident to Principal Bhojani, who called Plaintiff to his office and who then notified Plaintiff's gran...

Excerpt: ...or Judicial Notice. Plaintiff's Request for Judicial Notice is GRANTED pursuant to Evidence Code § 452, subdivision (d). (Evid. Code, § 452, subd. (d) [“[j]udicial notice may be taken of . . . ¶ (d) [r]ecords of (1) any court of this state or (2) any court of record of the United States or of any state of the United States”].) Legal Standard Any party may move for judgment on the pleadings. (Code Civ. Proc., § 438, subd. (b)(1).) A plaint...

Excerpt: ...for Judicial Notice In its reply, Cathay Bank requests that the Court take judicial notice of the American Arbitration Association's Commercial Arbitration Rules and Mediation Procedures. The Court GRANTS the request. Although this request accompanied the reply papers, the request is not a violation of due process because it is in response to Gryphon's arguments in opposition. Legal Standard A written agreement to submit to arbitration an existin...

Excerpt: ...istress, and was forced to relocate with her husband to a warehouse for a period of 23 months. Plaintiff alleges that Defendant is responsible for the defective plumbing and the damage caused thereby. Procedural Background On June 27, 2017, the Complaint claiming damages from a sewer/water backup in their home that occurred in September 2016. On March 4, 2019, Superior answered Plaintiffs' complaint. On September 20, 2019, Plaintiff David Penilla...

Excerpt: ...ld to school before 8:00 a.m. and was going to pick him up at 12:45 p.m. (Defendant's Exhibit List, Ex. 1, p. 35:7‐ 16.) At around 10:00 a.m. or 11:00 a.m., Plaintiff's mother and Plaintiff went to the back yard. (Defendant's Exhibit List, Ex. 1, p. 54:5‐7.). Before she went back into the house, Plaintiff's mother checked the gate because the latch was not working correctly. (Statement of Undisputed Fact (“SSUF”) 36.) When they returned i...

Excerpt: ...she and Defendant Zhao agreed to each be 50/50 partners in all aspect of the partnership. (Complaint ¶11.) Universal operates under Plaintiff's broker's license. (Complaint ¶11.) Concurrently, Plaintiff and Defendant Zhao attempted to form a corporation, but for failure to follow formalities, it appears Universal is a de facto partnership. (Complaint ¶12.) Beginning in early 2019, problems arose in the partnership wherein Defendant Zhao allege...

Excerpt: ...urrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) 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, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only whe...

Excerpt: ... of the Benjamin Living Trust dated July 30, 2009 TENTATIVE RULING Defendant Nautilus Insurance Company's Motion for Summary Judgment, or in the Alternative Summary Adjudication is DENIED. I. 3 rd cause of action for breach of contract—DENY A. Applicable Law The duty to defend is broader than the duty to indemnify. See Montrose Chemical Corp. v. Sup. Ct. (1993) 6 Cal.4 th 287, 299. An insured is “entitled to a defense if the underlying compla...

Excerpt: ...‐1 lien. (Complaint ¶7.) During their December Funding Agreement, wherein Pacific Wine and its CEO, Gino Pacella (Pacella), executed a personal guaranty of performance, Pacific Wine defaulted. (Complaint ¶10.) When Plaintiff notified Pacific Wine of this default, Plaintiff was notified for the first time that Pacific Wine had “sold substantially all of its assets (including those assets by Plaintiff's UCC‐1 Lien) to Epic Ventures, Inc.”...

Excerpt: ...fficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dep't of Water & Power (2006) 144 Cal. App. 4th 1216, 1228.) 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....

Excerpt: ... requests under the following conditions: a. Defendant may only propound a maximum of 60 SROGs; b. Defendant may propound RFAs. While there is no limit on the number of RFAs that can be made relating to the genuineness of documents (CCP § 2033.030(a)), the Defendant may not propound more than 35 RFAs as to matters other than the genuineness of documents (CCP § 2033.030(a)); and c. Defendant may propound FROGS; however, d. Plaintiff may use its ...

Excerpt: ...ontribution and comparative fault), Fifth (contributory negligence), and Eighteenth [1] Affirmative (unavoidable incident or condition) Defenses. Defendants filed an Opposition on August 10, 2021. Plaintiff filed his Reply on October 22, 2021. The Court hereby finds as follows. Request for Judicial Notice Defendants request that the court take judicial notice of a series of excerpts from depositions and discovery responses. The Court denies the r...

Excerpt: ......” (CCP, § 1281.2) Arbitration is a matter of contract. (Avery v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal.App.4th 50, 59 (Avery).) “ ‘Even the strong public policy in favor of arbitration does not extend to those who are not parties to an arbitration agreement ....' ” (Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1128.) “The ‘ “ ‘ “ ‘... policy favoring arbitration cannot displace the necessity for a...

Excerpt: ...nal Limited; (4) Lindsay Corporation; (5) Lindsay Transportation Solution Sales & Service LLC; (6) Ferreira Construction Co., Inc; and (7) State of California. Plaintiff's Complaint asserts the following four causes of action: (1) Negligence and Negligence Per Se against defendants Lindsay Corporation and Lindsay Transportation Solution Sales & Service LLC; (2) Strict Liability against defendants Lindsay Corporation and Lindsay Transportation Sol...

Excerpt: ...ting ANALYSIS Defendants' Demurrer is SUSTAINED, with 20 days leave to amend. Defendants' Motion to Strike is MOOT. Demurrer Defendants Enhancer Elsinore LLC, Esther Lin, and Walter Lynn (collectively “Defendants”) demur to Plaintiff Manking ELS's (“Plaintiff”) causes of action for Fraud/Intentional Misrepresentation (Second Cause of Action), Negligent Misrepresentation (Third Cause of Action) and Breach of Fiduciary Duty (Fourth Cause of...

Excerpt: ...ff's mother was dismissed as a defendant on December 2, 2019. The complaint alleged causes of action for Intentional Infliction of Emotional Distress and Negligent Infliction of Emotional Distress arising from Plaintiff's allegations that Defendant mishandled their father's estate to Plaintiff's loss. On December 2, 2019, Plaintiff filed this action's First Amended Complaint. On September 14, 2021, Plaintiff filed the pending Motion For Leave To ...

Excerpt: ...on on June 3, 2021 against Defendant Jie Xu (“Defendant”). On July 9, 2021, Plaintiff filed her First Amended Complaint (hereinafter “FAC”) for (1) Fraud (2) Breach of Contract (3) Breach of Implied Covenant of Good Faith and Fair Dealing (4) Common Counts for Money Lent (5) Restitution for Unjust Enrichment. The FAC alleges that Plaintiff loaned Defendant $300,000 for the down payment of real property located in Pomona. Plaintiff purport...

Excerpt: ...oceeding, 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, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The only issue involved i...

Excerpt: ...eway is current insolvent. Pursuant to California Insurance Code § 1063, et al., CIGA took over the claims of Defendants Reliant Medical Transportation and Francisco Juarez, as both Defendants are currently insured by an insolvent insurer. Plaintiff, now, seeks an Order binding CIGA to the terms of the purported settlement agreement entered into by Gateway. Defendant Francisco Juarez opposes Plaintiff's Motion. Additionally, Plaintiffs Marina Ma...

Excerpt: ...before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Code Civ. Proc., § 664.6.) Strict compliance with the statutory requirements is necessary before a court can enforce a settlement agre...

Excerpt: ...on to Strike is MOOT. Plaintiff shall file an amended complaint within 20 days. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face...

Excerpt: ...nes that an agreement to arbitrate the controversy exists ....” (CCP, § 1281.2) Arbitration is a matter of contract. (Avery v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal.App.4th 50, 59 (Avery).) “ ‘Even the strong public policy in favor of arbitration does not extend to those who are not parties to an arbitration agreement ....' ” (Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1128.) “The ‘ “ ‘ “ ‘... poli...

Excerpt: .....” (CCP, § 1281.2) Arbitration is a matter of contract. (Avery v. Integrated Healthcare Holdings, Inc. (2013) 218 Cal.App.4th 50, 59 (Avery).) “ ‘Even the strong public policy in favor of arbitration does not extend to those who are not parties to an arbitration agreement ....' ” (Young v. Horizon West, Inc. (2013) 220 Cal.App.4th 1122, 1128.) “The ‘ “ ‘ “ ‘... policy favoring arbitration cannot displace the necessity for a ...

Excerpt: ...rd Bangs and Ruth Bangs (“Defendants”) demur to the First, Second, Third, and Fifth Causes of Action, and move to strike portions of the Complaint Defendants' Demurrer is OVERRULED in its entirety. In addition, Defendants' Motion to Strike is DENIED. Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allega...

Excerpt: ...nctions on a party or attorney that presents a pleading, petition, motion, or other similar papers in the following circumstances: (1) The document is presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (2) The claims, defenses, and other legal contentions therein are not warranted by existing law or by a nonfrivolous argument for the extension, modification,...

Excerpt: ...ant Stella Yeh (“Yeh” and collectively “Defendants” and “Cross‐ Complainants”) was the landlord. Plaintiffs allege that Defendants breached the lease by refusing to pay for the air conditioning repairs and for entering the Subject Property without permission. The operative Second Amended Complaint, filed May 31, 2018, asserts the following causes of action: 1. Breach of Residential Lease; 2. Breach of Covenant of Quiet Enjoyment; 3....

Excerpt: ...[r]ecords of . . . any court of this state”].) Evidentiary Objections Defendant makes nineteen (19) evidentiary objections to the Declaration of Michael Howell, which was submitted in support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment. Objection Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16, 17, 18, and 19 are SUSTAINED. Objection Nos. 11, 12, and 13 are OVERRULED. Legal Standard The purpose of a motion for summary ju...

Excerpt: ...is GRANTED. (Evid. Code §§ 452‐454.) Plaintiff's request for judicial notice of Exhibits A‐E is GRANTED. (Evid. Code §§ 452, 453.) Legal Standard Under CCP section 1710.15, a judgment creditor may apply for the entry of a judgment based on a sister state judgment by filing an application. (CCP §1710.15, subd. (a).) Upon the filing of the application, the clerk shall enter a judgment based upon the application for the total amount of the ...

Excerpt: ...21. Defendant Bergman seeks to avoid defending the action at trial by virtue of a settlement agreement he alleges was executed between Plaintiff and Defendant Bergman. Defendant Bergman's allegation that there is a settlement agreement is based upon a March 2, 2018 written offer from Plaintiff's attorney to settle Defendant Bergman's liability for the policy limit of Defendant Bergman's insurance policy and an unsigned April 12, 2018 letter from ...

Excerpt: ...d the car and left the dependent adult clients to go to her employer's office to pick up some papers, leaving the clients in the car alone for an unspecified period of time. During her absence, one of the passengers assaulted Plaintiff Jorge Perez (“Plaintiff”). Through his Guardian Ad Litem Lilia Macedo, Plaintiff alleges three causes of action in the First Amended Complaint: 1. Cause of action for “neglect” as defined by Welfare and Ins...

Excerpt: ...m Meruit 4. Fraud Defendants Zia Abhari (“Abhari”) and Homayoun Daryani (“Daryani” and collectively “Defendants”) move the Court for summary judgment. Defendants Homayoun Daryani and Zia Abhari's Motions for Summary Judgment are DENIED Legal Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to en...

Excerpt: ...g a single common count for work and labor done against Defendant. (Complaint, p. 3.) Attached to the Complaint is Exhibit A, a balance sheet which indicates that a customer named “Simple Dumpsters” has an unpaid balance of $56,817.11 for services rendered by Plaintiff. (Id. at p. 6.) On December 16, 2020, Defendant filed a Demurrer arguing that Plaintiff has no claim against Defendant and that the claim rests with Simple Dumpsters, which is ...

Excerpt: ...��ended two vehicles merging at a low speed to the right shoulder of the Southbound 605 freeway. One of the two vehicles in front was driven by Plaintiff Brian Anthony Lopez (“Plaintiff”) and the other vehicle was driven by Defendant Daniel Lopez (“Defendant Lopez”). On October 25, 2019, Plaintiff filed the Complaint (“Complaint”) against Defendant Hayes, Defendant Lopez, and Defendant Hayes's employer, Gurney Trucking, Inc. (“Gurne...

Excerpt: ...id. Code § 452(h).) Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial noti...

Excerpt: ...any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: [¶] (1) [t]he examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive[; and] (2) [t]he examination is conducted at a location within 75 miles of the residence of the examinee.” (Code Civ. Proc., § 2032.220(...

Excerpt: ...s Motion to Strike is MOOT. Judicial Notice Defendant's Request for Judicial Notice as to Exhibits A‐F is GRANTED. (Evid. Code, § 452.) Demurrer Legal Standard A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App....

Excerpt: ... 2021, Defendant filed a Motion to Set Aside/Vacate Renewal of Judgment. On April 12, 2021, the Court granted Defendant's Motion to Set Aside/Vacate Renewal of Judgment. On April 27, 2021, Plaintiff, again, filed an Application for Renewal of Judgment. On April 27, 2021, the Court Clerk, again, automatically granted Plaintiff's Application for Renewal of Judgment. On May 26, 2021, Defendant, again, filed a Motion to Set Aside/Vacate Renewal of Ju...

Excerpt: ...ort for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Code of Civil Procedure (“CCP”) section 437c(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 evidence, show that there is no triable issue...

Excerpt: ... Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) 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, 994.) “A demurrer tests the pleadings alone and not the evidence or other ex...

Excerpt: ...sponses to Plaintiff's Request for Production of Documents (Res. ID x6704) is GRANTED. Defendant Lai is ordered to provide responses to Plaintiff within 30 days. Sanctions are awarded against defendant Lai and counsel of record in the amount of $1,035.00, payable to Plaintiff within 30 days. (3) Plaintiff's Motion to Compel Further Responses to Plaintiff's Request for Admissions, set one (Res. ID x8050) is GRANTED. Defendant Lai is ordered to pro...

Excerpt: ...the Court DENIES Defendants Henry Hua, Mimi Hua, and Hua Culinary Group's Motion For Summary Adjudication Of Issues because the motion does not completely dispose of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (Code Civ. Proc., § 437c(f)(1).) BACKGROUND This action arises from allegations of unfair labor practices by employer‐defendant Hua Culinary Group, dba Newport Seafood Restaurant (ʺDefendant Rest...

Excerpt: ...entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.”...

Excerpt: ...dgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Code of Civil Procedure (“CCP”) section 437c(c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deduc...

Excerpt: ...t, the extent of discovery completed and the stage of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction of the class members to the proposed settlement. (Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) This list is not exhaustive. (Id.) “[A] presumption of fairness exists where: (1) the settlement is reached through armʹs‐length bargaining; (2) investigation and disco...

Excerpt: ...iang (Res. ID x0862) is PARTIALLY GRANTED. Defendant Siyu Liang is ordered to provide further responses to Requests for Admission numbers 1 and 3. 4. Motion to Compel Further Responses to Requests for Production of Documents as to defendant Siyu Liang (Res. ID x1635) is GRANTED. Legal Standard In California, any party may obtain discovery “regarding any matter, not privileged, that is relevant to the subject matter involved in the pending actio...

Excerpt: ... 17, 2021. After the hearing on August 23, 2021, the court took the matter under submission. The court hereby finds as follows: Evidentiary Objections The court rules as follows as to Plaintiffs' evidentiary objections filed on July 7, and August 9, 2021: The court rules as follows as to Defendant's evidentiary objections filed on August 17, 2021: Legal Standard A defendant moving for summary judgment/adjudication has met its burden of showing a ...

Excerpt: ...hallenge Personal Jurisdiction A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (CCP § 418.10(a)(1).) When a nonresident defendant challenges personal jurisdiction the burden shifts to the plaintiff to demonstrate by a prepondera...

Excerpt: ...epresentation (Third Cause of Action), and Breach of Fiduciary Duty (Fourth Cause of Action) in Plaintiff Manking ELS, LLC's (“Plaintiff”) Complaint on the grounds that Plaintiff does not state a claim upon which relief may be granted. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context...

Excerpt: ...ly on July 14, 2021. The Court held a hearing on July 21, 2021, and took the matter under submission. The Court hereby finds as follows: Judicial Notice Judicial notice is taken of Defendant's Exhibits 1‐2. (Evid. Code § 452.) Evidentiary Objections Plaintiffs' evidentiary objections are… Defendants' evidentiary objections are… Legal Standard A motion for summary judgment asks the court to determine that the entire action has no merit or t...

Excerpt: ...ept as provided by statute, the rules governing demurrers apply. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999.) A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer p...

Excerpt: ...derlying action in Gomez, et al. v. Hacienda La Puente Unified School District, et al. (BC690752) (the “Underlying Action”). In the Underlying Action, a disabled 8‐year‐old child fell out of his seat in a school classroom that was part of Defendant and the incident led to the child's death. Plaintiff is the insurer of a business owners liability coverage insurance policy. Plaintiff, an arm of Farmers Insurance Exchange, contends that it b...

Excerpt: ...ll order the notice expunged if the court finds that the pleading on which the notice is based does not contain a real property claim. (CCP § 405.31.) A lis pendens is a recorded instrument, recorded in the office of the county recorder where land is located, that gives constructive notice of a pending lawsuit affecting title to the described real property. (Gale v. Superior Court (Gale) (2004) 122 Cal.App.4th 1388, 1395.) A real property claim ...

Excerpt: ...l Procedure section 2025.450: If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition n...

Excerpt: ...rtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (CCP § 473; and see CCP § 576.) Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the courtʹs discretion will usually be exercised liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 C3d 920, 939; Mabie v. Hyatt (1998) 61 CA4th 581, 596.) “A motion to amend a pl...

Excerpt: ...stablish that the second and third cause of action for breach of fiduciary duty and accounting arise from protected conduct under CCP §425.16. Dann does establish that the first cause of action for breach of contract arises from protected conduct under CCP §425.16(e)(4). In response, however, Zhu submits evidence to establish his probability of prevailing on the breach of contract claim. Plaintiff's Objections to Zhu Declaration.: SUSTAIN as to...

Excerpt: ...Zeng; and Linlin Sun (collectively, the “Defendants”). The FAC alleges the following causes of action: (1) Breach of Contract (First Cause of Action), (2) Wrongful Termination (Second Cause of Action), (3) Retaliation (Third Cause of Action), (4) Fraud (Fourth Cause of Action), (5) Conversion (Fifth Cause of Action), (6) Constructive Trust (Sixth Cause of Action), (7) Accounting (Seventh Cause of Action), (8) Declaratory Relief (Eighth Cause ...

Excerpt: ..., however, the court may not reconsider it and loses its unrestricted power to change the judgment.” (Passavanti v. Williams (1990) 225 Cal.App.3d 1602, 1606.) On April 27, 2021, this court denied Defendant's motion to set aside entry of default. While Defendant claimed that her entry of default should have been set aside on the ground of mistake, inadvertence, surprise, or excusable neglect under Code of Civil Procedure section 473(b), she did...

Excerpt: ...Plaintiff filed its Opposition on June 3, 2021, and Defendants filed their Reply on June 10, 2021. The Court held a hearing on June 17, 2021, and took the matter under submission. The Court hereby finds as follows: Evidentiary Objections Plaintiff's evidentiary objections to Defendants' Separate Statement of Undisputed Material Facts are OVERRULED Legal Standard Defendants moving for summary judgment/adjudication has met their burden of showing a...

Excerpt: ...vide more information sufficient for the court to make an independent determination that the consideration being received for the release of class members' claims is reasonable in light of the strengths and weaknesses of the claims and the risks of the particular litigation. (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129.) a. Defendant informally produced a sampling of time records and payroll data for the putative class, as ...

Excerpt: ...f”) First Amended Complaint (“FAC”) on the grounds that Plaintiff does not state a claim upon which relief may be granted. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) In a demurrer pro...

Excerpt: ... and records from Third Party Health Care Providers: (1) American Medical Response Anthem Blue Cross; (2) Healthcare Partners Medical Group; (3) Valley Orthopedic Associates, San Dimas; (4) Citrus Valley Gastroenterology; (5) Glendora Digestive Disease Institute; (6) Queen of the Valley Hospital‐Citrus Valley Medical Center; (7) Splinter Medical Group; (8) Healthcare Partners Business Office; and (9) Healthcare Partners Medical Group (collectiv...

Excerpt: ... Complaint with the instant petition. Given that the court's decision concerning the petition would affect whether it also needs to rule on the demurrer and motion to strike, the court will address the motion to compel arbitration first. If it decides that the case is subject to arbitration, the demurer with motion to strike will be deemed moot. Otherwise, it will then address the merits of the demurrer with motion to strike. Motion to Compel Arb...

Excerpt: ...endant contends that Plaintiff failed to allege sufficient facts as to the causes of action for Assault and Battery (First Cause of Action), Invasion of Privacy (Third Cause of Action), Negligence (Fourth Cause of Action), Violation of California Business & Professions Code section 17200 (Fifth Cause of Action), and Negligent Infliction of Emotional Distress (Seventh Cause of Action). Defendant further seeks the court to strike the causes of acti...

Excerpt: ...e, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling t...

Excerpt: ...n or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorneyʹs fees which may be awarded in the action or special proceeding. For the purposes of this section, ʺattorneyʹs feesʺ means reasonable attorneyʹs fees a party may be authorized to recover by a statut...

Excerpt: .... of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) 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, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Sup...

Excerpt: ...tary sanctions of $1,635.00 against Defendant and her counsel of record. Defendant also requests monetary sanctions of $1,800.00 for defending against this motion. Code of Civil Procedure section 2030.300 allows a party to file a motion compelling further answers to interrogatories if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied w...

Excerpt: ...t was allegedly caused by Defendant. Defendant contends that Plaintiff may have already received a settlement for the damages she incurred as part of the claimed injuries in this case in a separate case, Penilla et al. v. Westmont Corporation, et al., LASC Case No. BC545697 (the “2014 Westmont Action”). Defendant contends that because Counsel was a percipient witness to the amount of the settlement in the 2014 Westmont Action, Defendant shoul...

Excerpt: ... and Kevin Castro's (“Castro Sr.” and collectively the “Plaintiffs”) First Amended Complaint (“FAC”). The FAC alleges the following causes of action: 1. Medical Negligence (Castro Jr.); 2. Medical Negligence (Arroyo); 3. Negligent Infliction of Emotional Distress (“NIED”) (by Arroyo); and, 4. NIED (Castro, Sr.) The court had previously granted the Motions for Summary Judgments of Defendants Dr. Stephanie Cropper and Lindsey Fritsc...

Excerpt: ...lieve a party from a judgment, dismissal, order, or other proceeding taken against him or her through that parties' “mistake, inadvertence, surprise, or excusable neglect.” Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismiss...

Excerpt: ...15. Cross‐ Complainants Stella Yeh and Rambod Sootodeh (collectively “Cross‐Complainants”) also move for attorney fees as the prevailing party pursuant to Code of Civil Procedure section 426.16 in the amount of $10,815.00. In the interest of judicial economy, the court will address both motions as they both address which party is entitled to attorneys' fees under the anti‐SLAPP statute. Under Section 425.16: If the court finds that a sp...

Excerpt: ...on for Foreclosure on Mechanics' Lien, and the Fourth Cause of Action for Breach of Statutory Obligation Under Civil Code Section 8800. Defendants filed an opposition on May 4, 2021 and Plaintiff filed its Reply on May 12, 2021. The Court held a hearing on May 18, 2021, and took the matter under submission. The Court hereby finds as follows: Request for Judicial Notice Plaintiff's Request for Judicial Notice as to Exhibits 1, 2, 10, and 4 is GRAN...

Excerpt: ... 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, 994.) “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.” (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) “The only issu...