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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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 ...