Excerpt: ...l on August 2, 2021. The court, at bench trial, ruled in favor of plaintiff. Plaintiff was determined to be the prevailing party and is entitled to recover its reasonable attorneys' fees as provided in the underlying lease agreement dated May 25, 2018. Reasonableness of Fees The court turns to the issue of reasonableness of the fees sought. “[T]rial courts have broad discretion in determining the amount of a reasonable attorney's fee award. Thi...

Excerpt: ...es and costs in the amount requested, payable within 30 days of the date of the hearing. Background Plaintiff Nina Mei Chang, individually and as trustee of the Nina Mei Chang Living Trust Dated July 25, 2017 (“Plaintiff”) alleges as follows: Plaintiff was the owner of the residential property located at 24438 Eastgate Drive, Diamond Bar, CA 91765 (“property”). In or around June 2018, Plaintiff was experiencing financial hardship and was ...

Excerpt: ...n for Judgment on the Pleadings is GRANTED. Background Plaintiff Cari R. Andrews (“Plaintiff”) alleges as follows: Plaintiff was employed for over 25 years as a Lab Sales Consultant by Essilor Laboratories of America, Inc. (“Essilor”); Stewart Casey (“Casey”) was Plaintiff's supervisor and Brittany Deatrich (“Deatrich”) was a Human Resources Manager. Plaintiff was diagnosed with breast cancer, underwent a mastectomy and chemothera...

Excerpt: ...on, and will require an offer of proof if so. Background Plaintiffs Robert Hull (“Hull”) and SuperTex Hospitality Investments, LLC (“SuperTex”) (collectively, “Plaintiffs”) allege as follows: SuperTex is the owner of the subject property located at 1421-1427 South Garey Avenue, Pomona, CA 91766, commonly known as “Comfort Inn” (“subject property”). Defendants failed to inform Plaintiffs of their relationship with the proposed ...

Excerpt: ...earing. Background Plaintiff John Nguyen (“Plaintiff”) is Vietnamese. Plaintiff was employed by Gilead Sciences, Inc. (“Gilead”) as a Maintenance Technician II from in or about February 2014-May 8, 2020. Plaintiff alleges that he was harassed, discriminated and retaliated against by managers and supervisors due to his color, national origin and race. On October 30, 2020, Plaintiff filed a complaint, asserting causes of action against Gile...

Excerpt: ...ry Adjudication of Issues Against Defendants is DENIED in full. Background Plaintiffs Daniel A. Sapien and Erika Sapien (“Plaintiffs”) allege as follows: On or about June 24, 1991, Alfred Cortez (“Alfred”) and Karla E. Cortez (collectively, “the Cortezes”) made, executed and delivered to Francisco Escobar (“Francisco”) and Carmen Escobar (“Carmen”) (collectively, “the Escobars”) a Note Secured By Deed of Trust (“Note”)...

Excerpt: ...to Require Non-Resident Plaintiffs to File an Undertaking Pursuant to Code of Civil Procedure Section 1030 is GRANTED. Background Plaintiff Steven Anthony Montoya (“Plaintiff”) alleges as follows: On or about August 30, 2019 gym staff wrongfully determined that Plaintiff, a “regular” at the facility, was “not acting normal” and “seemed to have substance abuse” behavior. Gym staff called the Los Angeles Sheriff's Department (“LAS...

Excerpt: ...efendant Hathaway-Sycamores Child & Family Services' Demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED, with 20 days' leave to amend. Background Plaintiffs Evangelina Hernandez, individually (“Hernandez”), and as successor in interest to the Estate of Noah Cuatro and as guardian ad litem for minors A.C., E.C. and R.C. (collectively, “Plaintiffs”) allege as follows: Hernandez is Noah Cuatro's (“Noah”) great-grandmother/lega...

Excerpt: ... complaint for motor vehicle. Defendant answered the complaint on February 18, 2020. On February 11, 2021, Department 31 continued the trial date, but declined to extend the motion and discovery cut-off dates. On March 26, 2021, the action was transferred from Department 31 to Department 49. RULING: Denied in Part (Rufino & Yolanda)/Granted in Part (Remainder). Defendant David Garcia, Jr. moves to quash five (5) deposition subpoenas served on Ruf...

Excerpt: ...n e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. See also CRC 3.1110(f)(4). Defendants have failed to bookmark the declarations and exhibits attached to the motion and Plaintiff has failed to bookmark the exhibits attached to the opposition. Failure to comply with ...

Excerpt: ... (erroneously sued and served as Alex Cook) unopposed Motion to Recover Attorneys' Fees is GRANTED. Background Plaintiff Irene Moyer (“Plaintiff”) alleges as follows: On September 15, 2018, Plaintiff was injured when an electric cart rolled over on a dirt road/trail in Frank G. Bonelli Regional Park. On February 20, 2020, Plaintiff filed an “Amendment to Complaint,” wherein Henry Weisner was named in lieu of Doe 1; that day, Plaintiff fil...

Excerpt: ...TED, in the reduced amount of $46,250.00. Background Plaintiff Long Z. Liu (“Plaintiff”) is an attorney. Plaintiff alleges as follows: on or about November 29, 2017, Malinzhu Jia (“Jia”) hired Plaintiff to handle a lawsuit against numerous individuals and business entities for the misappropriation of Jia's $1 million investment into the business entities for the purposes of EB-5 immigration. Plaintiff eventually represented Jia in three m...

Excerpt: ...eges as follows: is the residential owners' association for the common interest development commonly known as Vermont Avenue Lofts. Joseph Ruiz (“Ruiz”) is the owner of the property located at 148 North Vermont Avenue, Unit A, Glendora, CA 91741 (the “property”). Ruiz is committing multiple violations of Plaintiff's governing documents. On October 6, 2020, Plaintiff filed a complaint, asserting causes of action against Ruiz and Does 1-25 ...

Excerpt: ...t to David Flores, Sr. (deceased) and Ana Ramos Tentative Ruling Defendant Pomona Healthcare & Wellness Center, LLC dba Park Avenue Healthcare & Wellness Center's (erroneously sued and served as Pomona Healthcare & Wellness Center, LLC) Petition to Compel Arbitration is GRANTED in part (i.e., as to Plaintiff Consuelo Rodriguez, as successor-in-interest to David Flores, Sr.'s claims) and DENIED in part (i.e., as to Plaintiff Consuelo Rodriguez's a...

Excerpt: ...or Summary Judgment is DENIED. 2. Defendant Bill W. Tang, M.D.'s Motion for Summary Judgment is DENIED. Background Plaintiff Joshua Morris (“Plaintiff”) alleges as follows: On or about April 19, 2016, Plaintiff's mother, Guadalupe Morris (“Decedent”), underwent a surgery at Citrus Valley Medical Center- Queen of the Valley Campus. Decedent ceased breathing three months later and died from a perforated bowel on July 19, 2016. Defendants ne...

Excerpt: ...E PORTIONS OF PLAINTIFFS' COMPLAINT Responding Party: Plaintiffs, Mercedes Lozano and Javier Lozano Tentative Ruling 1. Defendant The Clear Choice Public Adjusters' (erroneously sued as Clear Choice Public Adjusters) Motion for Judgment on the Pleadings is OVERRULED. 2. Defendant The Clear Choice Public Adjusters' (erroneously sued as Clear Choice Public Adjusters) Motion to Strike Portions of Plaintiffs' Complaint is DENIED. Background Plaintiff...

Excerpt: ...ister-State Judgment on Judgment by Confession is GRANTED. Background On March 10, 2021, Judgment Creditor Barnard & Fifth Capital Group LLC (“Judgment Creditor”) filed an “Application for Entry of Judgment on Sister-State Judgment” as to Judgment Debtors Tony Taofu Hsu (“Hsu”) and National Progressive Inc. (“National Progressive”) (collectively, “Judgment Debtors”). On March 10, 2021, “Judgment Based on Sister-State Judgmen...

Excerpt: ... for Summary Judgment is DENIED. Background Plaintiff Jilin Meicheng Exit-Entry Consulting service Co., Ltd. (“Plaintiff”) alleges that on or about August 16, 2018, Plaintiff entered into a service agreement with Defendants Qun Shen and Newshen International Consulting Group (collectively, “Defendants”), whereby Plaintiff agreed to pay $101,332.00 as a deposit to engage Defendants' services to paper and file an immigrant petition under EB...

Excerpt: ...llege as follows: On or about November 10, 2016, the parties entered into a written contract for certain construction services to be performed at Plaintiffs' real property located at Onaknoll Dr., Perris, CA 92570 (“Property”). On or about May 1, 2017, the parties amended the original contract. Defendants accepted money and then failed to do the work/performed substandard work. On March 29, 2021, Plaintiffs filed a Fourth Amended Complaint (�...

Excerpt: ... Ruling 1. Plaintiff Cielo Rosado's Motion to Compel Further Responses to Requests for Production of Documents, Set One is GRANTED in part (i.e., as to Nos. 1, 8, 11-13, 32 and 34) to the extent that City is ordered to provide a privilege log with respect to these requests within 20 days from the date of the hearing, and otherwise DENIED. The parties' respective sanctions requests are denied. 2. Plaintiff Cielo Rosado's Motion to Compel Further R...

Excerpt: ...actured home known as a 1977 Silver Crest Manufactured, California Decal; No. AAY 3977 with manufacturer's Serial Numbers A6SC156CA, B6SC156CA and C6SC156CA (“Property”); Defendant Charles E. Hill (“Hill”) claims a .61688% interest in the Property. The Property is located at 3800 Bradford Street, Space 130, La Verne, CA 91750. On or about March 10, 2018, Plaintiff and Hill entered into a written agreement. Hill breached the agreement by f...

Excerpt: ...ercury Insurance Company's (erroneously sued as Mercury Insurance) Motion for Order to Compel Compliance with Deposition Subpoena for Production of Business Records by Sprint is GRANTED. Background Plaintiff Bonnie Anne Mitchell (“Plaintiff”) alleges as follows: On October 1, 2019, Plaintiff discovered that her 2011 Chevrolet Volt (“vehicle”) had been stolen from her driveway. Plaintiff reported the missing vehicle to the San Dimas Sherif...

Excerpt: ...g 1. Defendant JP Morgan Chase Bank, N.A.'s Demurrer to Plaintiff's Third Amended Complaint is OVERRULED in part (i.e., as to the first, second and fourth causes of action) and SUSTAINED in part (i.e., as to the third cause of action). 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. 2. Defendant JP Morgan Chase Bank, N.A.'s Motion to Strike Plaintiff's Third Amende...

Excerpt: ...ff Wei Fang's MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES Responding Party: None (unopposed, as of 7/27/21; due 7/22/21) 4. Defendants Santiago Maldonado's and Adriana Magallanes' MOTION TO QUASH PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUESTS FOR ADMISSIONS Responding Party: None (unopposed, as of 7/27/21; due 7/22/21) Tentative Ruling 1. Plaintiff Wei Fang's Amended Motion to Compel Response...

Excerpt: ...ition for Writ of Administrative Mandate is SUSTAINED, with 20 days' leave to amend. Background Case No. 20PSCV00890 Plaintiff Scott Helf (“Plaintiff”) alleges as follows: Plaintiff was a regular faculty member employed by Western University of Health Sciences (“University”) on one-year contracts since 2007, until University terminated his employment effective January 17, 2020. University failed to follow the procedure mandated by the Fac...

Excerpt: ...MPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE [against Plaintiff Waste Management Collection and Recycling, Inc.] Responding Party: Plaintiff, Waste Management Collection and Recycling, Inc. Tentative Ruling 1. Defendants Richard Malooly's and Anne Hudson's Motion to Compel Further Responses to Special Interrogatories, Set One [against Plaintiff USA Waste of California, Inc.] is GRANTED. USA Waste of California, Inc. is to provide fu...

Excerpt: ... TO SPECIAL INTERROGATORIES (SET ONE) FROM CROSS-DEFENDANT SUBURBAN PROPANE, LP Responding Party: Cross-Defendant, Suburban Propane, LP 3. Cross-Defendant Apro, LLC's MOTION TO COMPEL [FUTHER] RESPONSES TO SPECIAL INTERROGATORIES (SET ONE) FROM CROSS-DEFENDANT SUBURBAN PROPANE, LP Responding Party: Cross-Defendant, Suburban Propane, LP 4. Cross-Complainants/Cross-Defendants, ConocoPhillips Company's and Phillips 66 Company's MOTION TO COMPEL SUBU...

Excerpt: ...orandum of Costs is GRANTED in part (i.e., as to Item No. 4 in the amount of $904.35) and otherwise DENIED. Background Plaintiffs The Estate of Huanxiao Wu, by and through its successor in interest Tianqiu Peng; Tianqiu Peng; Minyi Peng; Feng Xia Lu; Zhang Wu and Pei Weng (“Plaintiffs”) allege as follows: On May 22, 2018, Huanxiao Wu (“Decedent”) was sightseeing near the Horseshow Bend in Coconino County, Arizona, alone with a tour group....

Excerpt: ...ent on Sister-State Judgment and Judgment Based on Sister-State Judgment is GRANTED. Background On October 13, 2019, Judgment Creditor Radium2 Capital, LLC fka Radium2 Capital, Inc. (“Judgment Creditor”) filed an Application for Entry of Judgment on Sister-State Judgment as to Judgment Debtors Jackymoon Corp. dba Jackymoon and Tony Hsu (collectively, “Judgment Debtors”). On November 8, 2019, Judgment Based on Sister-State Judgment was fil...

Excerpt: ...SES TO PLAINTIFF'S FIRST [SET OF] REQUEST FOR PRODUCTION OF DOCUMENTS Responding Party: Defendant, Kolay Flooring International LLC Tentative Ruling 1.&2. See below. Background Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) alleges as follows: Plaintiff's assignor, State Compensation Insurance Fund (“Assignor”), and Kolay Flooring International, LLC aka Kolay Flooring International LLC (“Defendant”) entered into a written a...

Excerpt: ...tion for an Order Compelling Defendant Vechik to (1) Provide Further Responses; (2) Produce Documents Responsive to Plaintiff's First Set of Requests for Production; and (3) Pay Monetary Sanctions in the Amount of $4,125 is GRANTED based on Defendant's use of boilerplate objections to each and every Request for Production of Documents. Background Plaintiff Mohammed Khodabakhsh (“Plaintiff”) initiated this suit against Defendant Terry L. Vechi...

Excerpt: ...Lee's Motion to Strike Plaintiff's Complaint Pursuant to California Code of Civil Procedure Section 425.16 is GRANTED. 2. Consequently, the Defendants Motion to Strike per California Code of Civil Procedure Section 436(a) is rendered MOOT. 3. The Court CONTINUES the hearing for the Motion to Strike (CCP § 425.16) to consider the Defendants' proof for the requested monetary sanctions. 4. See below. Background Plaintiff Honghua Shang (“Plaintiff...

Excerpt: ...f Third Party, Penny Lane Center, with Deposition Subpoena for the Production of Business Records is DENIED. The Defendant may serve Penny Lane Center's custodian of records with a subsequent Subpoena Duces Tecum along with a written release of the records signed by the “consumer,” i.e., Plaintiffs, or Plaintiffs' attorney of record. (Code Civ. Proc., §§ 1985.3(c), 2020.410(d).) Background Plaintiffs Evangelina Hernandez, individually (“H...

Excerpt: ...Plaintiff is a developmentally disabled person and who was assigned to live at the House on Garo (“HOG”), a licensed 24-hour care facility for disabled adults in Hacienda Heights. Defendant ZMCO Inc. (“Defendant”) is the licensed care giving entity that owned and operated HOG. Plaintiff states that Defendant and its employees failed to provide him with a safe and stable environment to reside. Plaintiff claims that he was (1) taken advanta...

Excerpt: ...tiff”) alleges that, on June 13, 2011, Defendant Charles Chih Hou (“Hou”), on behalf of Defendant Arbor Wood Products, Inc. (“AWP”) and individually as a guarantor, executed a promissory note for the benefit of Plaintiff. Plaintiff alleges Defendants AWP and Hou have not paid any portion of the sum they are obligated to pay. On March 15, 2021, Plaintiff filed a complaint, asserting causes of action against Defendants Hou, AWP, and Does ...

Excerpt: .... Cross-Defendant Suburban Propane, LP is ordered to produce verified further responses to Request for Admissions Nos. 1-95, without objections, within 20 days of the date of the hearing. Cross-Defendant Suburban Propane, LP's request for additional time to file a motion for protective order is denied. Background This is a personal injury action that gives rise to multiple cross-complaints involving breach of contract and indemnification claims. ...

Excerpt: ...poultry products. Plaintiff alleges that, from January 2018 through May 2018, Defendant Leane Wholesale LLC (“Defendant”) sent 37 purchase orders for $1,776,000.00 worth of frozen marinated chicken tenders to Plaintiff. Plaintiff alleges that it was ready, willing, and able to deliver the chicken tenders to Defendant, but Defendant refused to pay the 37 purchase orders. Plaintiff claims that, due to Defendant's refusal to pay, Plaintiff has b...

Excerpt: ...sor- in-interest, Graham Ridinger and Graham Ridinger, individually and as successor-in-interest to The Estate of Nancy Vezina 2. Defendants Atria Senior Living, Inc.'s, Jen Johnson's and Subashsani Kumar's MOTION TO STRIKE PLAINTIFFS' FIRST AMENDED COMPLAINT [joined by Defendants Atria Covina, WG Covina SH, LP, and Atria Management Company, LLC] Responding Party: Plaintiffs The Estate of Nancy Vezina, by and through its successor- in-interest, G...

Excerpt: ...NED in part (i.e., as to the fourth through sixth 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. Background Plaintiff Cheng Yang (“Plaintiff”) alleges as follows: On or about November 14, 2018, Plaintiff entered into a written lease with JTNA Enterprises, LLC (“JTNA”) to rent the commercial property l...

Excerpt: ...ng Party: None (unopposed, as of 7/7/21, 10:47 a.m.; due 7/6/21) 3. Defendant Pacific Mechanical Supply's MOTION TO STRIKE PORTIONS OF PLAINTIFF JOSEPH SORIA'S SECOND AMENDED COMPLAINT Responding Party: None (unopposed, as of 7/7/21, 10:47 a.m.; due 7/6/21) Tentative Ruling 1. Defendant Pacific Mechanical Supply's unopposed Motion for a Determination of Good Faith Settlement with Plaintiff, Joseph Soria is GRANTED. 2. Defendant Pacific Mechanical...

Excerpt: ...urrer to Plaintiff's Second Amended Complaint is OVERRULED in part (i.e., as to the first and second causes of action) and otherwise SUSTAINED. 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. Background Plaintiff Perry Lazar, Plone Trust (“Plaintiff”) alleges as follows: On or about March 8, 2004, Plaintiff purchased a prope...

Excerpt: ...ntiff and Arturo Marlen (“Defendant”) own the property located at 1516 S. Glencroft Road, Glendora, California, 91740 (“property”) in joint tenancy. Plaintiff seeks to buyout Defendant's interest in the property and to partition certain personal property co-owned by the parties. On March 5, 2021, Plaintiff filed a First Amended Complaint (“FAC”) asserting causes of action against Defendant and Does 1-50 for: 1. Partition of Real Prope...

Excerpt: ... PORTIONS OF PLAINTIFF'S SECOND AMENDED COMPLAINT Responding Party: Plaintiff, Larry Lee 4. Defendant Oliver Chiang's DEMURRER TO PLAINTIFF'S SECOND AMENDED COMPLAINT Responding Party: Plaintiff, Larry Lee Tentative Ruling 1. Defendant JPMorgan Chase Bank. N.A.'s (erroneously sued as “JP Morgan Chase Bank, N.A.”) Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED. The court will hear from counsel for Plaintiff as to whether leave t...

Excerpt: ...Motion to Vacate Default Judgment and Entry of Defaults is GRANTED. Background This is a collections action. On September 22, 2020, Plaintiff Anderco Carpet Co. Inc. (“Plaintiff”) filed a complaint, asserting causes of action against Defendants Jay Hooper (“Hooper”), Crown Estate Holding LLC (“Crown”), UW International Corp. (“UW”), Losalini Lutuiwasa (“Lutuiwasa”), United Liquidators West Coast LLC (“United Liquidators”) ...

Excerpt: ... TO PLAINTIFF'S SPECIAL INTERROGATORIES Responding Party: None (unopposed, as of 6/29/21, 11:13 a.m.; due 6/24/21) 3. Plaintiff Derek Park's MOTION TO FILE FOURTH AMENDED COMPLAINT Responding Party: None (unopposed, as of 6/29/21, 11:!3 a.m.; due 6/24/21) Tentative Ruling 1. Plaintiff Derek Park's Motion to Compel Defendant H. Lee Ashby to Further Respond to Plaintiff's Form Interrogatories is DENIED. Sanctions are declined. 2. Plaintiff Derek Pa...

Excerpt: ...otion for Undertaking is CONTINUED to September 8, 2021 at 10 a.m. 2. The hearing on Defendant Xiaoyuan Yu's Motion to Expunge Lis Pendens is CONTINUED to September 8, 2021 at 10 a.m. Background Plaintiff Sing Hui Cheung (“Plaintiff”) alleges as follows: Plaintiff was approached by Xiangjie Zhou aka Johnny Zhou (“Zhou”) with an investment opportunity. Zhou proposed that Plaintiff invest around $100,000.00 in a new seafood import venture w...

Excerpt: ...ss-Complaint is SUSTAINED. The court will hear from Cross-Complainant Charles E. Hill 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. Background Plaintiff Kimberly A. Zambell (“Plaintiff”) alleges as follows: Plaintiff is the owner of a 99.3812% interest in a manufactured home known as a 1977 Silver Crest Manufactured, California Decal; No. AAY 3977 with manufacturer's S...

Excerpt: ...mpel Arbitration and Dismiss or Stay Judicial Proceedings is GRANTED. The case is ordered stayed, pending completion of the arbitration. Background Plaintiff Alfonso Morales (“Plaintiff”) alleges as follows: Plaintiff was employed by Mesa Imports, LLC, dba Puente Hills Volkswagen (“PVH”); Daniel Chan (“Chan”) was Plaintiff's direct supervisor. Plaintiff felt intimidated and harassed by Chan's management style, which included profanity...

Excerpt: ...aintiff, Benjamin Darby, III Tentative Ruling 1. Defendants Ensign San Dimas LLC dba Arbor Glen Care Center's and Joy De Vera's Demurrer to the Second Amended Complaint is OVERRULED. 2. Defendants Ensign San Dimas LLC dba Arbor Glen Care Center's and Joy De Vera's Motion to Strike Portions of the Second Amended Complaint is DENIED. Background Plaintiff Benjamin Darby III (“Plaintiff”) alleges as follows: Plaintiff is paraplegic and was an inp...

Excerpt: ...Class Action Settlement, Attorneys' Fees, Litigation Costs and Expenses, and Enhancement Payment is GRANTED. Background This action was instituted on July 9, 2019. On October 5, 2020, Plaintiff Cesar Martinez, on behalf of himself and other current or former aggrieved employees pursuant to the Private Attorneys General Act (“PAGA”) and on behalf of other members of the general public similarly situated, filed a First Amended Class Action Comp...

Excerpt: ...PONSES TO PLAINTIFFS' REQUEST FOR ADMISSIONS SET ONE Responding Party: Defendant/Cross-Complainant, Shu Wang 3. Plaintiff/Cross-Defendant Troy Trang's MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE AND SPECIAL INTERROGATORIES, SET ONE Responding Party: Defendant/Cross-Complainant, Shu Wang Tentative Ruling 1. Plaintiffs/Cross-Defendants Troy Trang's and Ling Yin's Motion to Compel Further Responses to Plaintiffs; Request for ...

Excerpt: ...ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT AFTER HEARING [against Edgar Robles] Responding Party: None (unopposed, as of 6/22/21, 2:04 p.m.; due 6/3/21) Tentative Ruling 1. The hearing on Plaintiff Pawnee Leasing Corporation's Application for Right to Attach Order and Order for Issuance of Writ of Attachment After Hearing against Fernando Solis is CONTINUED to July 15, 2021 at 10 a.m. See below. 2. Plaintiff Pawnee Leasing Corporat...

Excerpt: ....e., as to the second, third, and eighth through twelfth causes of action). Defendants On Chan's and Binh Luu's demurrer to the tenth cause of action is OVERRULED. Defendants On Chan's and Binh Luu's demurrer to the thirteenth cause of action is SUSTAINED as to Plaintiff K Chan and OVERRULED as to Plaintiff F Chan. The court will hear from counsel for Plaintiffs as to whether leave to amend is requested, and as to which cause(s) of action, and wi...

Excerpt: ...prejudice. Background Case No. KC070593 (i.e., “Gaboras Matter”) Plaintiff Petru Gaboras dba Advanced Construction & Restoration (“Gaboras”) alleges that on or about April 24, 2017, Gaboras, Catano Enterprises, Inc. (“CEI”) and Jose Catano (“Catano”) entered into a written construction contract, wherein Gaboras agreed to provide certain labor, equipment, material and services on a private work of improvement on the property locate...

Excerpt: ...o Set Aside and Vacate Judgment. Background Plaintiff Pacific Mercantile Bank (“Plaintiff”) alleges as follows: Defendant Usman Vakil (“Usman”) executed a written Business Loan Agreement with Plaintiff dated October 16, 2018, bearing loan number 80012780-001 (“Loan Agreement”), wherein Plaintiff agreed to lend $400,000.00 to Usman in connection with Usman's business (the “Loan”). In connection with the Loan Agreement, Usman execut...

Excerpt: ... STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT Responding Party: Plaintiff, Steven Anthony Montoya[2] Tentative Ruling 1. Defendant County of Los Angeles' (also erroneously sued as Los Angeles County Sheriff's Department) Demurrer to Plaintiff's Complaint is SUSTAINED without leave as to the third through fifth causes of action and SUSTAINED as to the sixth cause of action. The court will hear from counsel for Plaintiff as to whether leave to amend is...

Excerpt: ...ONE Responding Party: None (unopposed, as of 6/14/21, 9:52 a.m.; due 6/9/21) Tentative Ruling 1. Defendant Tu Aung's unopposed Motion to Compel Plaintiff's Responses to Requests for Admissions, Set One is GRANTED. Pursuant to CCP § 2033.280(b), the court orders that the truth of the matters specified in the Requests for Admissions, Set One, propounded by Tu Aung to Plaintiff be deemed admitted. Sanctions are awarded in the reduced amount of $585...

Excerpt: ...ion on Behalf of Minor Claimant D.B., subject to Petitioner's counsel's filing of a proof of service at or before the time of the hearing reflecting notice of the continued hearing date (see footnote one). Petitioner and claimant are to be present at the time of the hearing, as per California Rules of Court Rule 7.952. Background Plaintiff D.B., a minor, and by and through his Guardian ad Litem, Beverly Q. (“Plaintiff”) contends that Plaintif...

Excerpt: ...s Kaiser Foundation Health Plan, Inc.'s and Kaiser Foundation Hospitals' Motion to Compel Deposition of Plaintiff's Person(s) Most Qualified and Related Document Requests is DENIED. Background Plaintiff Pomona Valley Hospital Medical Center (“PVHMC”) alleges that Plaintiff was underpaid for emergency medical services Plaintiff provided to members of Kaiser Foundation Health Plan, Inc. (“KFHP”), both during the term of the parties' contrac...

Excerpt: ...June 29, 2016, Plaintiff Jiang Qi (“Plaintiff”) filed a complaint, asserting causes of action against Defendants Bluestar Express Group Inc. (“Bluestar”), Yidan Zhang (“Yidan”) and Does 1-20 for: 1. Failure to Pay Minimum Hourly Wages and Overtime Wages [Cal. Labor Code §§ 510, 1194] 2. Failure to Provide Meal and Rest Periods [Cal. Labor Code § 226.7] 3. Knowing and Intentional Failure to Comply with Accurate Itemized Employee Wag...

Excerpt: ...hang Tentative Ruling 1. Defendants Jing Jin's and Benjamin Lee's Motion to Strike Plaintiff's Complaint Pursuant to California Code of Civil Procedure Section 425.16 is DENIED. 2. See below. Background Plaintiff Honghua Shang (“Plaintiff”) alleges as follows: Plaintiff is a licensed real estate broker. Plaintiff incorporated Echain in 2012 and Great Wall Realty, Inc. in 2017 and has operated both since the aforesaid dates. Defendants Jing Ji...

Excerpt: ...e Ruling Defendants CPP-City of Industry Cast Parts, Inc.'s and Cast Parts, Inc.'s Motion to Consolidate Cases is GRANTED. Background Case No. 21PSCV00014 Plaintiff Alfredo Salazar, individually, and on behalf of other aggrieved employees pursuant to the California Private Attorneys General Act (“Salazar”) alleges as follows: Salazar was employed by CPP-City of Industry Cast Parts, Inc. and Cast Parts, Inc. (“Defendants”) as an hourly-pai...

Excerpt: ...st to David Flores, Sr. (deceased) and Ana Ramos Tentative Ruling See below. Background Plaintiffs Consuelo Rodriguez, individually and as successor-in-interest to David Flores, Sr. (deceased) and Ana Ramos (“Plaintiffs”) allege as follows: David Flores, Sr. (“Flores”) passed away after two falls he experienced at a skilled nursing facility on or about April 8, 2019 and April 13, 2019. On March 24, 2021, Plaintiffs filed a complaint, asse...

Excerpt: ... Tentative Ruling Defendant HT State Travel & Bus Company, Inc.'s Motion to Compel Plaintiffs' Further Responses to Special Interrogatories is GRANTED in part (i.e., as to Nos. 3, 6, 9, 12, 16 and 19) and DENIED in part (i.e., as to Nos. 1, 4, 7, 14, 17, 22-26, 31, 32 and 34) with respect to T. Peng; GRANTED in part (i.e., as to Nos. 10 and 13) and DENIED in part (i.e., as to 5, 7, 8 and 11) with respect to M. Peng; GRANTED in part (i.e., as to N...

Excerpt: ...entative Ruling 1. Defendant Pomona Unified School District's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED in part (i.e., as to the first through third and fifth causes of action) and OVERRULED in part (i.e., as to the fourth cause 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. Defendant Pomona Un...

Excerpt: ...ice in compliance with the “Order for Temporary Restraining Order and OSC Re: Preliminary Injunction” filed May 26, 2021 [see below]. Background Plaintiff City of La Puente (“City”) alleges as follows: Defendants Dank City, Dank City 420, Robert Francis Tran and Jacqueline Hsu (collectively, “Defendants”) each claim to have an interest in the property located at 651 Glendora Avenue, La Puente, California, 91744 (“subject property”...

Excerpt: ...e., as to 25, 28 and 29) otherwise TAKEN OFF-CALENDAR as MOOT. Background Plaintiff Maria Villalpando (“Plaintiff”) alleges that, on or about December 5, 2016, Plaintiff purchased a 2016 Dodge Grand Caravan VIN #2C4RDGCG7GR250011 (“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 June 9, 2020, Plaintiff fi...

Excerpt: ...leges as follows: Sometime in 2019, Rajinder Adlakha (“Rajinder”) approached Plaintiff about selling a commercial property and a business located thereon to Plaintiff. Rajinder represented that he was the owner of said commercial property on which he owned and operated a laundromat and check cashing business and that a 7-Eleven franchisee was a tenant of the other unit at the property. Rajinder also conveyed that he was the operator and day-t...

Excerpt: ...ng's and Ling Yin's MOTION TO REJECT ELECTRONIC SERVICE AND UNTIMELY SERVICE FOR DEFENDANT SHU WANG'S MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS' THIRD AMENDED COMPLAINT Responding Party: Defendant/Cross-Complainant, Shu Wang 3. Plaintiff/Cross-Defendant Troy Trang's MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET NO. TWO Responding Party: Defendant/Cross-Complainant, Shu Wang 4. Plaintiff/Cross-Defendant Ling Yin's AMENDED MOTION ...

Excerpt: ...TTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT AFTER HEARING [against Edgar Robles] Responding Party: Fernando Solis, individually and dba BP Auto & Smog Repair Tentative Ruling 1. The hearing on Plaintiff Pawnee Leasing Corporation's Application for Right to Attach Order and Order for Issuance of Writ of Attachment After Hearing against Fernando Solis is CONTINUED to June 28, 2021 at 8:30 a.m. Counsel for Solis is instructed to file a ...

Excerpt: ...tiff”) is the owner of the property located at 2855 Foothill Boulevard, Building B, Suite 101, in La Verne (“subject premises”). On or about August 28, 2018, Plaintiff and Defendants Qi Deng (“Deng”), Jessie Feng (“Feng”), Sumei Zhang aka Salina Zhang (“Zhang”) and Kin Long Hon (“Hon”) (collectively, “Defendants”) entered into a written Guaranty of Lease (“Guaranty”), wherein Defendants, jointly and severally, guaran...

Excerpt: ...�) is a supplier of poultry products. Plaintiff alleges that, from in or about September 2018 through December 2018, Defendants Leane Wholesale LLC (erroneously sued as Feather Fresh Foods) (“Corporation”), Lee Costlow (“Costlow”) and Leanne Snow (“Snow”) (collectively, “Defendants”) sent purchase orders for $1,776,000.00 worth of frozen marinated chicken tenders to Plaintiff. Plaintiff alleges that it was ready, willing, and able...

Excerpt: ...ve Ruling Defendant Hathaway-Sycamores Child & Family Services' Demurrer to Plaintiffs' First Amended Complaint is SUSTAINED. The court will hear from counsel for Plaintiffs 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. Background Plaintiffs Evangelina Hernandez, individually (“Hernandez”), and as successor in interest to the Estate of Noah Cuatro and as guardian ad lit...

Excerpt: ...n, Hugo Rivero, Rubidelma Merida Damian and Diana Rubi Gamboa, a minor, by and through her guardian ad litem, Rubidelma Merida Damian 2. Defendants JMA Legacy, Inc.'s, Luis Eduardo Fajardo's and Sergio Omar Becerra's DEMURRER TO PLAINTIFFS' THIRD AMENDED COMPLAINT Responding Party: Plaintiffs Estate of Hugo Rivero, Jr., by and through its successors in interest, Hugo Rivero and Rubidelma Merida Damian, Hugo Rivero, Rubidelma Merida Damian and Dia...

Excerpt: ...s, LLC (“Plaintiff”) alleges as follows: Plaintiff, as Lessor, and Min Zhu (“Zhu”), as Lessee, entered into a written Standard Multi-Tenant Shopping Center Lease—Net dated for reference purposes October 22, 2018 (“Lease”) for the premises located at 18989 Colima Road, Rowland Heights, California 91748 (“Premises”). The Lease was for a term of three years, commencing November 1, 2018 and expiring October 31, 2021. Beginning Janua...

Excerpt: ...Request for Production of Documents, Set One from Defendant Union Pacific Railroad Company is DENIED as untimely. Sanctions are awarded to UPRC in the reduced amount of $700.00 and are payable within 30 days of the date of the hearing. Background Plaintiff Cielo Rosado (“Plaintiff”) alleges on September 28, 2020, she sustained injuries after being struck by a train near Santa Anita and the Wash near Valley Boulevard in the City of El Monte. O...

Excerpt: ... twelfth, twenty-first and twenty- second affirmative defenses) and otherwise OVERRULED. The court will hear from counsel for Defendants as to whether leave to amend is requested, and as to which affirmative defenses, and will require an offer of proof if so. Background Plaintiff Sandra Elliott (“Plaintiff”) alleges as follows: In 2019, Plaintiff solicited proposals for the construction of a swimming pool and spa at her Claremont residence. P...

Excerpt: ...ON TO COMPEL RESPONSES TO PLAINTIFF'S FIRST SET OF SPECIAL INTERROGATORIES Responding Party: None (unopposed, as of 5/18/21, 4:38 p.m.; due 5/13/21) 3. Plaintiff Creditors Adjustment Bureau, Inc.'s MOTION TO COMPEL RESPONSES TO PLAINTIFF'S FIRST [SET OF] REQUEST FOR PRODUCTION OF DOCUMENTS Responding Party: None (unopposed, as of 5/18/21, 4:38 p.m.; due 5/13/21) Tentative Ruling 1.-3. See below. Background Plaintiff Creditors Adjustment Bureau, I...

Excerpt: ... RESPOND TO PLAINTIFF'S SPECIAL INTERROGATORIES Responding Party: None (unopposed, as of 5/19/21, 1:46 p.m.; due 4/15/21) 3. Plaintiff Derek Park's MOTION TO FILE FOURTH AMENDED COMPLAINT Responding Party: None (unopposed, as of 5/19/21, 1:46 p.m.; due 5/13/21) Tentative Ruling 1. The hearing on Plaintiff Derek Park's Motion to Compel Defendant H. Lee Ashby to Further Respond to Plaintiff's Form Interrogatories is CONTINUED TO July 8, 2021. Plain...

Excerpt: ...Ku aka Allen Ku's, Yuling Ku's and Virginia Square, LLC's Motion to Strike Portions of Plaintiffs' Complaint is GRANTED. The court will hear from counsel for Plaintiffs as to whether leave to amend is requested and will require an offer of proof if so. Background Plaintiffs Milton D. Kimbrough (“Milton”), Layma Askarzoi (“Layma”) and Harleigh Kimbrough and Saraiya Kimbrough, minors through Guardian Ad Litem Layma Askarzoi (“Plaintiffs�...

Excerpt: ...Charter Communications, Inc. dba Charter Communications (CCI), Inc., individually and on behalf of CCO Social Vehicles, LLC's SUPPLEMENTAL MOTION TO COMPEL SECOND EXAMINATION OF PLAINTIFF BY DEFENDANTS' PAIN MANAGEMENT EXPERT Responding Party: Plaintiff, Gabriela Caro[3] Tentative Ruling 1. Defendants Jamar Weathersby's Charter Communications, Inc. dba Charter Communications (CCI), Inc., individually and on behalf of CCO Social Vehicles, LLC's Su...

Excerpt: ...y Capano's Motion to Compel Defendant CalTrans to Provide Further Responses and Production to Plaintiff's Requests for Production, Set One is GRANTED in part (i.e., as to Nos. 5-7, 10-17, 19-27, 31, 32, 36, 38-41, 44, 45, 51-53, 57, 58, 60-62, 70, 71, 73, 75, 76, 85-93 and 96-99) and DENIED in part (i.e., as to Nos. 28, 29, 46, 47, 54-56, 59, 74, 77, 94 and 95) [see below]. Further, Code-compliant responses are due 20 days from the date of the he...

Excerpt: ...ntiff”) alleges as follows: Plaintiff is a licensed real estate broker. Plaintiff incorporated Echain in 2012 and Great Wall Realty, Inc. in 2017 and has operated both since the aforesaid dates. Defendants Jing Jin (“Jin”), Benjamin Lee (“Lee”), Melvin Gong (“Gong”), Alistair Mercado (“Mercado”), Wendy L. and Mandy Lau (“Lau”) posted negative reviews/comments regarding Plaintiff, Echain and Great Wall on Yelp, www.CCYP.com (...

Excerpt: ...okerage house. Andrew Carreon (“Carreon”), while employed at Plaintiff as a salesperson and unvalidated producer with the title of Vice President, stole trade secrets and other confidential information in a coordinated effort with Colony West Insurance (“Colony”) employee Bill Kaley (“Kaley”) and joined Colony, Plaintiff's competitor. Carreon has also failed to repay advances and draws against his future commissions earning. On August...

Excerpt: ... Zhang Wu and Pei Weng 2. Defendant HT State Travel & Bus Company, Inc.'s MOTION TO COMPEL PLAINTIFFS' FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE Responding Party: Plaintiffs, The Estate of Huanxiao Wu, by and through its successor in interest Tianqiu Peng; Tianqiu Peng; Minyi Peng; Feng Xia Lu; Zhang Wu and Pei Weng 3. Cross-Complainant HT State Travel & Bus Company, Inc.'s MOTION FOR NEW TRIAL Responding Party: Cross-Defe...

Excerpt: ...nez, individually, and as successor in interest to Irving Valenzuela, deceased. 2. Defendant Valerie Gersch, individually and as trustee of the Joseph L. Gersch Family Revocable Trust's DEMURRER TO PLAINTIFFS' THIRD AMENDED COMPLAINT Responding Party: Plaintiffs, Jaime Valenzuela, individually, and as successor in interest to Irving Valenzuela, deceased; and Tammy Martinez, individually, and as successor in interest to Irving Valenzuela, deceased...

Excerpt: ...r Production of Documents is GRANTED. Denhart is to provide further responses, without objections, to Nos. 7-9, 20-23, 30 and 31 within 20 days from the date of the hearing. Documents responsive to Nos. 1-3, 5, 6, 10-17 and 19 are to be produced within 20 days from the date of the hearing. Sanctions are awarded in the reduced amount of $760.00 and are payable within 30 days of the date of the hearing. Background Plaintiff Robert Hull (“Plaintif...

Excerpt: ....D.'s unopposed Motion for Summary Judgment is GRANTED. Background Plaintiff Ismael Robles (“Plaintiff”) alleges as follows: On or about February 10, 2019, Plaintiff presented to the emergency department of Foothill Presbyterian Hospital with numbness and weakness to the entire left side of his body, vomiting, nausea and dizziness. Plaintiff was evaluated by Miguel Alejandro Garcia, M.D. (“Garcia”). Plaintiff was initially examined and a ...

Excerpt: ...l Health Services, Inc.'s, BHS – American Recovery Center's, Rainer Bansuan, M.D.'s, Son Le, M.D.'s and Tuan D. Nguyen, M.D.'s Motion to Strike Punitive Damages as to Plaintiff's Second Amended Complaint is 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 Alvaro Garcia (“Plaintiff”) alleges that on December 24, 2018, Plaintiff fel...

Excerpt: ...ent Expert Witness List is GRANTED. Background Plaintiff Matthew G. Lopez-Bautista, by and through his Guardian Ad Litem Karina Bautista (“Plaintiff”) alleges as follows: On or around February 8, 2012, Plaintiff was born at Foothill Presbyterian Hospital, delivered by Jeffrey Lee, M.D. (“Lee”). The medical assessment, consultation, decision-making, care and treatment provided to Plaintiff in utero, as well as to his mother, prior to, duri...

Excerpt: ... Benjamin Darby III Tentative Ruling 1. Defendants Ensign San Dimas LLC dba Arbor Glen Care Center's and Joy De Vera's Demurrer to the First Amended Complaint is SUSTAINED. 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 Ensign San Dimas LLC dba Arbor Glen Care Center's and Joy De Vera's Motion to Strike Portions o...

Excerpt: ...alleges as follows: Plaintiff was a regular faculty member employed by Western University of Health Sciences (“Defendant”) on one-year contracts since 2007, until Defendant terminated his employment effective January 17, 2020. Defendant failed to follow the procedure mandated by the Faculty Handbook for terminating regular faculty members employed on one-year contracts. On December 23, 2020, Plaintiff filed a complaint, asserting causes of ac...

Excerpt: ...'s (“Wang”) purchase of the residential real property located at 2829 Wagon Train, Diamond Bar, CA, 91765 from Plaintiffs Troy Trang (“Trang”) and Ling Yin (“L. Yin”). On March 21, 2019, Trang and L. Yin dismissed CC Royal Services Inc., Cathy Cheng, Tao Bin and David Tak-Wai Liu, without prejudice. On September 12, 2019, Trang and L. Yin filed a Third Amended Complaint (“TAC”), asserting a cause of action against Defendants Wang ...

Excerpt: ...spital Medical Center (“PVHMC”) alleges that Plaintiff was underpaid for emergency medical services Plaintiff provided to members of Kaiser Foundation Health Plan, Inc. (“KFHP”), both during the term of the parties' contract, and after the termination of the contract. On April 9, 2018, Kaiser Permanente Insurance Company (“KPIC”), Kaiser Foundation Hospitals (“KFH”), The Permanente Medical Group (“PMG”) and Southern California...

Excerpt: ... Tony Hsu's Motion to Vacate Notice of Entry of Judgment on Sister-State Judgment and Judgment Based on Sister-State Judgment is CONTINUED to May 25, 2021 at 10:00 a.m. Background On October 13, 2019, Judgment Creditor Radium2 Capital, LLC fka Radium2 Capital, Inc. (“Judgment Creditor”) filed an Application for Entry of Judgment on Sister-State Judgment as to Judgment Debtors Jackymoon Corp. dba Jackymoon and Tony Hsu (collectively, “Judgme...

Excerpt: ...rdenview Healthcare & Wellness Centre, LP, dba Country Villa Claremont Healthcare Center's MOTION TO STRIKE PORTIONS OF THE PLAINTIFFS' [FIRST AMENDED] COMPLAINT Responding Party: Plaintiffs Lorna Fera and Christina Fera-Thomas, individually and as successors-in-interest to Marion DeGryse Tentative Ruling 1. Defendant Gardenview Healthcare & Wellness Centre, LP, dba Country Villa Claremont Healthcare Center's Demurrer to Plaintiffs' First Amended...

Excerpt: ...ch's (erroneously sued and served as Alex Cook) Motion for Summary Judgment is GRANTED. Background Plaintiff Irene Moyer (“Plaintiff”) alleges as follows: On September 15, 2018, Plaintiff was injured when an electric cart rolled over on a dirt road/trail in Frank G. Bonelli Regional Park. On February 20, 2020, Plaintiff filed an “Amendment to Complaint,” wherein Henry Weisner was named in lieu of Doe 1; that day, Plaintiff filed a Second ...

Excerpt: ...n. However, Defendant Lindsay Transportation Solutions, LLC f/k/a Lindsay Transportation Solutions Sales & Service LLC (“Defendant Lindsay”), who is not a party in interest to this motion, filed an Opposition on April 13, 2021. Defendant State filed its Reply to Defendant Lindsay's Opposition on April 23, 2021. The Court held a hearing on April 28, 2021, and took the matter under submission. The Court hereby finds as follows: Evidentiary Obje...

Excerpt: ...e Second Amended Complaint is SUSTAINED. 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. Defendant Dale K. Galipo's Motion to Strike Portions of the Second Amended Complaint is DENIED as MOOT. Background Plaintiff Ernest L. Jarrett (“Plaintiff”) alleges as follows: Plaintiff is an attorney licensed to practice in Michigan....

Excerpt: ...eys' Fees and Costs, Service Award, and Settlement Administration Costs is GRANTED. Background Plaintiff Lauren Brady brings this PAGA action on behalf of herself and other aggrieved employees. Plaintiff alleges she was employed as an hourly paid, non-exempt employee by Defendant Seidner Enterprises, LLC dba Bert's Mega Mall (“Defendant”) from approximately August 2017 to approximately March 2019. Plaintiff alleges Defendant violated various ...