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Location: Los Angeles x
Judge: Hernandez, Peter A x
2023.08.03 Demurrer, Motion to Strike 430
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.03
Excerpt: ...vely, the “Plaintiffs”) allege as follows: On May 2, 2020, Gordes Hospitality, Inc. (“Gordes”), through Ganyu Huang aka Gary Huang (“Huang”), and Shamloo, with Abhari serving as a silent partner, entered into an “Asset Purchase Agreement” and a “Security Agreement” with Gordes for the transfer of ownership of Hamilton's Steakhouse (“Hamilton”) from Gordes, as seller, to Plaintiffs, as buyers. On June 18, 2020, LVGEM Hotel ...
2023.08.02 Demurrer 436
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.08.02
Excerpt: ...Global Inc. (“2Cube”) (together, “Plaintiffs”) allege as follows: Plaintiffs are in the business of providing logistics and warehousing services for imports of goods from China to the United States. 2Cube acts as a “3PL” or third party logistics provider for WMI by procuring transportation services for delivery orders received by WMI. Xiaojun Xu (“Xu”) was hired by 2Cube as a truck driver to deliver various goods to customers. Fro...
2023.07.31 Demurrer 411
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.31
Excerpt: ...er of attempts. On May 10, 2023, Plaintiff filed a complaint, asserting causes of action against Defendants Ford Motor Company (“FMC”), WC Performance Ford Inc. dba Performance Ford (“Performance Ford”) and Does 1- 10 for: 1. Violation of Song-Beverly Act—Breach of Express Warranty 2. Negligent Repair A Case Management Conference is set for October 10, 2023. Legal Standard A demurrer may be made on the grounds that the pleading, inter a...
2023.07.28 Motion to Expunge Lis Pendens 255
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.28
Excerpt: ...�Police”) executed a search warrant at the subject property. While executing the warrant, the Police observed that the subject property had been converted into marijuana cultivation facilities, containing numerous marijuana products in various stages of production. During the search, the Police encountered Defendants Timothy Earl Nilan (“Nilan”), Ivan Chacon (“Chacon”), Christian Soto (“Soto”) and Antonio Ramirez (“Ramirez”) in ...
2023.07.28 Motion to Compel Responses, for Sanctions 032
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.28
Excerpt: ...ced amount of $360.00 and are payable within 30 days of the date of the notice of ruling. 2. Plaintiff City of El Monte's Motion to Compel Defendant Dank Dynasty LLC's Responses to Demand for Production of Documents, Set No. One is GRANTED [see below]. Dank Dynasty LLC is to provide verified responses, without objections, to Plaintiff's Requests for Production of Documents and Things, Set No. One, within 20 days from the date of the notice of rul...
2023.07.27 Motion for Summary Judgment, Adjudication 039
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.27
Excerpt: ...etainer against Defendant The House of Scoops, LLC (“Defendant”) and Does 1-5. A Case Management Conference is set for September 1, 2023. 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 ...
2023.07.26 Motion to Quash Subpoena, for Sanctions, to Modify Subpoena and for Protective Order 054
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.26
Excerpt: ...nnedy, IV (“D. Kennedy”) and Juliet Ru-Yi Chung (“Chung”), by and through Kennedy Capital Partners International, Inc. (“Kennedy Capital”), to purportedly fund the production of television and film projects. Plaintiff has not been repaid. On December 16, 2021, Plaintiff filed a verified complaint, asserting causes of action against D. Kennedy, Chung, Diana Yi Wei Cheng (“Cheng”), Rosemary Kennedy (“R. Kennedy”), Vanessa Yao Gu...
2023.07.26 Motion to Compel Responses to be Amended 428
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.26
Excerpt: ... Documents and Produce Responsive Documents is CONTINUED to September 26, 2023 at 9:30 a.m. [see below]. Background [1] Plaintiff Maria Angela Rodriguez (“Angie”) alleges as follows: Angie, Jorge Rodriguez (“Jorge”), Roberto Rodriguez (“Roberto”) and Richard Yarruths Rodriguez (“Richard”) (collectively, “Siblings”) are siblings; Mercado Latino, Inc. (“Mercado”) and Grosac, Inc. (“Grosac”) were founded by their father, ...
2023.07.25 Motion to Bifurcate Trial 137
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.25
Excerpt: ...greed to invest $50,000.00 in YYP's project under each Agreement for a total of $200,000.00. YYP, in turn, agreed to repay Plaintiff the principal amount, plus a $5,000.00 profit, by July 6, 2018. YYP was unable to make payment on July 6, 2018, so on July 17, 2018, Plaintiff and YYP entered into a Supplemental Agreement in which YYP agreed to pay $5,000.00 by July 20, 2018 and $174,155.66 by August 10, 2018. On July 17, 2018, Ye executed a Person...
2023.07.25 Demurrer 598
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.25
Excerpt: ...ntiff full and equal access. The Store is owned by Defendants No Uoong Ki (“Ki”) and Eun Mi Choi (“Choi”). On March 1, 2023, Plaintiff filed a complaint, asserting causes of action against Ki and Choi for: 1. Violation of The Unruh Civil Rights Act 2. Violation of the California Disabled Persons Act A Case Management Conference is set for July 25, 2023. Legal Standard A demurrer may be made on the grounds that the pleading, inter alia, do...
2023.07.24 Demurrer to SACC 134
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.24
Excerpt: ...y 13, 2015 incorporation. On or about May 10, 2019, Hyung agreed in writing to sell 51% of the outstanding shares of TSI to Taijin USA (“Taijin”) for $1,000,000.00; consequently, Hyung's ownership interests in TSI was reduced to 49%. Hyung continued to act as a TSI officer and director. Hyung was to be in charge of sales and inventory commencing June 1, 2019. On or about February 3, 2021, there was a dispute between TSI's shareholders. TSI al...
2023.07.24 Motion to Dismiss Complaint, for Sanctions 619
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.24
Excerpt: .... Yang was sexually harassed and beat by the individual hired to perform security and maintenance at the building. Li and Xuan turned off the air condition to the subject property in an attempt to get Yang to pay more rent. Li and Xuan have failed to address habitability issues at the building. Li and Xuan discriminate against Yang on the basis of her sex. On June 22, 2022, Yang filed a “Complaint of Frauds, Blackmail, Harassment, Assault, and ...
2023.07.24 Motion to Set Aside Default, Judgment 787
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.24
Excerpt: ...t breached the Agreement. On July 28, 2022, Plaintiff filed a complaint, asserting a cause of action against Defendant and Does 1-10 for: 1. Breach of Contract On November 15, 2022, Defendant's default was entered. On December 9, 2022, default judgment was entered. Legal Standard Code of Civil Procedure Section 473.5 “When service of a summons has not resulted in actual notice to a party in time to defend the action. . . , he or she may serve a...
2023.07.20 Motion for Security Undertaking 340
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.20
Excerpt: ...led a complaint, asserting causes of action against TARPWR, Inc. dba Flappy Jack's Pancake House (“TARPWR”) and Does 1-30 for: 1. Premises Liability 2. General Negligence On November 10, 2022, TARPWR filed a cross-complaint, asserting causes of action against Roes 1-20 for: 1. Total Indemnity 2. Declaratory Relief—Implied Partial Indemnity 3. Declaratory Relief—Equitable Apportionment 4. Express Indemnity A Case Management Conference is s...
2023.07.20 Motion for Reconsideration 849
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.20
Excerpt: ...Plaintiff in Plaintiff's backyard. Plaintiff advised Li and Zhen that he intended to move into the ADU and wanted the ADU to have a separate and independent water, gas and electric meters. The parties thereafter entered into a contract and Plaintiff paid $170,000.00 towards the $180,000.00 projected costs as construction progressed. On August 15, 2019, Li prepared a change order, which set forth additional costs of $21,965.00 for items related to...
2023.07.19 Application for Default Judgment 983
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.19
Excerpt: ...d to lease the Premises for a period of two years to Food Max in exchange for Food Max's payment of rent. Biao Yin aka William Yin (“Yin”) signed a Guaranty of Lease. Food Max thereafter failed to pay rent and failed to vacate the Premises, requiring Plaintiff to initiate unlawful detainer proceedings against Food Max. Food Max subsequently vacated the Premises; however, after regaining possession of the Premises, Plaintiff discovered that Fo...
2023.07.19 Application for Default Judgment 982
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.19
Excerpt: ...d to lease the Premises for a period of two years to Food Max in exchange for Food Max's payment of rent. Biao Yin aka William Yin (“Yin”) signed a Guaranty of Lease. Food Max thereafter failed to pay rent and failed to vacate the Premises, requiring Plaintiff to initiate unlawful detainer proceedings against Food Max. Food Max subsequently vacated the Premises; however, after regaining possession of the Premises, Plaintiff discovered that Fo...
2023.07.18 Motion to Compel Compliance with Discovery Responses, for Sanctions 866
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.18
Excerpt: ...otion to Compel Further Responses to Request for Production from Defendant FCA US LLC is GRANTED. FCA is to provide further, Code‐compliant responses without objections within 20 days from the date of the notice of ruling [see below]. Sanctions are awarded in the reduced amount of $1,185.00 and are payable within 30 days from the date of the notice of ruling. Background Plaintiffs Jesus Garcia Ibanez aka Jesus I Garcia and Fatima Sandoval (toge...
2023.07.17 Motion to Compel Further Responses, for Sanctions 967
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.17
Excerpt: ...r Responses to Form Interrogatories, Set 1 is DENIED as MOOT, except as to the issue of sanctions. Sanctions are awarded in the reduced amount of $510.00 and are payable within 30 days from the date of the notice of ruling. Background [1] Plaintiff Glorious Sky, LLC (“Glorious Sky”) alleges as follows: On May 3, 2022, a written agreement was made between Glorious Sky and Defendant MT Hermon LLC (“MT”) for bitcoin mining hosting and relate...
2023.07.17 Motion for Leave to Amend Complaint 378
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.17
Excerpt: ...a lease to purchase agreement for the property located at 761 Corporate Center Drive in Pomona, California (“subject property”). In June 2021, Lucy Seh (“Lucy”) joined Plaintiff's affiliated organization, Kingston Financial, as a loan officer. Lucy had been Plaintiff's domestic partner from 2000-2014. Lucy learned of the transaction and expressed interest in the subject property. Plaintiff and Lucy agreed to split the equity in the subjec...
2023.07.14 Motion to Amend Judgment to Add Alter Ego Judgment Debtors 148
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.14
Excerpt: ...ges as follows: On March 13, 2017, Four Season Travel LLC (“Four Season Travel”) entered into Combination Loan and Security Agreement No. 429587-700 (“Contract No. 700”) with Grech Financial Services Inc. dba Edson Financial (“Edson”), wherein Edson financed the acquisition of Prevost commercial vehicles bearing VIN Nos. 2PCH33498HC713768, 2PCH3349XHC713769 and 2PCH33496HC713770 (collectively, “Vehicle No. 1”). On April 12, 2018, ...
2023.07.13 Motion to Compel Contractual Arbitration 967
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.13
Excerpt: ...(collectively, “Polaris”), Seidner Enterprises LLC dba Bert's Mega Mall (“Seidner”), Cheyenne Rey (“Rey”) and Does 1-100 for: 1. Strict Product Liability 2. Negligence 3. Failure to Warn 4. Negligent Recall 5. Violation of Cal. Bus. Prof. Code §§ 17200, et seq. On December 5, 2022, Polaris filed a cross-complaint, asserting causes of action against Rey for: 1. Indemnification 2. Apportionment of Fault 3. Negligence On December 7, 20...
2023.07.12 Motion to Consolidate 379
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.12
Excerpt: ...laintiffs were home. On July 12, 2022, Plaintiffs filed a complaint, asserting causes of action against Chu for: 1. General Negligence 2. Intentional Tort 3. Premises Liability On February 3, 2023, Department 1 reassigned the case to this instant department. On February 16, 2023, the court related Case Nos. 22STCV22379 and 22NWCV00607; Case No. 22STCV22379 was designated the lead case. A Status Conference Re: PI Complicated Cases is set for July ...
2023.07.12 Motion to Amend Judgment, to Modify Powers of Court Appointed Receiver 025
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.12
Excerpt: ...icated Issue: Jurisdiction] 3. Hearing on Third Party Claim Background [1] Plaintiffs Elizabeth Taylor (“Taylor”) and Chasity Jones (“Jones”) (together, “Plaintiffs”) allege as follows: Defendant Alkiviades David (“David”) was, at all relevant times, the President, CEO and managing agent of Defendants Hologram USA, Inc. (“Hologram”), Hologram USA Entertainment, Inc. (“Hologram Entertainment”), FilmOn Media Holdings, Inc. (...
2023.07.12 Motion for Award of Expenses of Proof of Facts 438
Location: Los Angeles
Judge: Hernandez, Peter A
Hearing Date: 2023.07.12
Excerpt: ...ent whereby Belco would purchase Lincoln's existing assets, including heavy equipment, a fleet of vehicles and its inventory of existing contracts. On October 27, 2014, Lincoln sued Belco in case styled Lincoln Pacific Builders, Inc. v. Elecnor Belco Electric, Case No. KC067245 (“Underlying Action”) for failure to make timely payments on the sale of assets; in turn, Belco filed a cross-complaint against Lincoln. Lincoln was granted summary ju...

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