Excerpt: ...r to Show Cause Re: Preliminary Injunction is GRANTED. Background Plaintiff Jose Sambolin alleges as follows: DTP Restaurant Ventures, LLC (“DTP”) was formed by Plaintiff and Wane Deering (“Deering”) (collectively, “Original Members”) for the purpose of doing a bulk sale acquisition of a business known as Big D's, which was located at 135 E. 2nd Street, Pomona, CA, including the acquisition of its goodwill, furniture, fixtures, and eq...

Excerpt: ...r of proof if so. Background Plaintiff Scott Fisch (“Plaintiff”) alleges that on or about March 2013, Plaintiff entered into a contract with attorney Lee W. Gale (“Gale”), wherein Gale agreed to provide legal services to Plaintiff in four matters: (1) an administrative case involving Plaintiff's teaching credential (“administrative case”), (2) a criminal case styled People v. Fisch, Case No. KA102633 (“criminal case”), (3) a civil...

Excerpt: ...tal Mountain Products, Inc.'s MOTION TO BE RELIEVED FROM WAIVER OF OBJECTIONS Responding Party: Plaintiff Grace Alba, a minor, by and through her Guardian Ad Litem, Sylvia Alba[3] 3. Plaintiff Grace Alba, a minor, by and through her Guardian Ad Litem, Sylvia Alba's MOTION TO COMPEL DEFENDANT DS SERVICES, INC.'s FURTHER RESPONSES TO PLAINTIFF'S FIRST SET OF SPECIAL INTERROGATORIES NOS. 43-48 Responding Party: Defendant, DS Services, Inc.[4] 4. Pla...

Excerpt: ...�Petitioner”) alleges that, on or about January 15, 2018 through her last day of employment in December 2018, she was sexually harassed and assaulted by her supervisor at the California Conservation Corps' (“CCC”) Pomona facility. This is a petition for relief from the provisions of Government Code § 945.4, filed January 22, 2019. Legal Standard Government Code § 911.2(a) provides that “[a] claim relating to a cause of action for death ...

Excerpt: .../Cross-Defendants Aron H. Petrosian's, Jr., Diruhi Petrosian's and Aron H. Petrosian, Sr.'s Motion for Determination of Good Faith Settlement is GRANTED. Background Case No. BC611814 Plaintiffs Ramon Rosales, Sr., Alejandro J. Rosales, Nicholas R. Rosales, Isaac Rosales and Rosales Jr., by and through their Guardian Ad Litem, Ramon Rosales Sr. (“Plaintiffs”) sue for injuries and for the wrongful death of their wife/mother, who was killed in a...

Excerpt: ... Azusa, CA 91702 (“subject property”). The subject property consists of a 28-room motel called the Colonial Inn, along with a single-family home and detached garage. City alleges that the subject property poses a substantial health and safety risk to residents, neighbors and the community, and that law enforcement are routinely called out to the subject property due to criminal activity occurring thereon. On April 16, 2019, City filed a Recei...

Excerpt: ...y's, Mercury Insurance Company's (erroneously sued as Mercury Insurance) and Rudy Pena's MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT Responding Party: None (unopposed, as of 2/28/20, 12:58 p.m.; due 2/27/20) Tentative Ruling 1. Defendants California Automobile Insurance Company's, Mercury Insurance Company's (erroneously sued as Mercury Insurance) and Rudy Pena's Demurrer to Complaint is SUSTAINED. The court will hear from Plaintiff as to ...

Excerpt: ...to Code of Civil Procedure Section 425.16 is DENIED. Background Plaintiff TTS (USA) Traveling Co. Ltd. (“Plaintiff”) alleges as follows: Plaintiff does tourism business. Meng Yan (“Yan”) worked as a tourist agent for Plaintiff from January 3, 2014- October 8, 2014. Yan filed an administrative complaint to the Labor Commissioner due to a wage dispute and subsequently appealed after the Labor Commissioner ruled in Plaintiff's favor. A trial...

Excerpt: ...prejudgment interest in the amount of $45,810.02. Background Wage/hour violations lawsuit. On 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 C...

Excerpt: ... ordered to produce verified, Code-compliant responses without objection within 20 days, subject to the limitations contained herein. Background Plaintiff Ruddy Meza (“Plaintiff”) alleges that, on or about August 22, 2016, Plaintiff leased a 2017 Chevrolet Camaro ISS, VIN #1G1FE1R73H0102625 (“subject vehicle”). Plaintiff alleges that the subject vehicle suffers from various defects and that the subject vehicle has not been repaired after ...

Excerpt: ...nt is GRANTED. Background Plaintiffs Jesus Hernandez, Estelle Moreno, Bernal Valentin, Daniel Valentin, Mark Castillo, Delena Moreno and Gilbert Guereca (“Plaintiffs”) allege as follows: Diane Hernandez (“decedent”) underwent a hysterectomy on January 9, 2018 and was prematurely discharged. On and after January 11, 2018, defendants failed to properly identify, observe and treat decedent's postoperative medical condition (which included bo...

Excerpt: ...nt Pomona Valley Hospital Medical Center's MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION Responding Party: Plaintiffs, Nicole Louise Scranton and Michael Scranton Tentative Ruling 1. Defendant Pomona Valley Hospital Medical Center's Motion to Quash the Deposition Notice of Persons Most Knowledgeable from Pomona Valley Medical Center or, in the Alternative, for Protective Order is GRANTED. 2. Defendant Pomona Valley Hosp...

Excerpt: ..., SET NO. ONE Responding Party: Plaintiff, GGSP, LLC 3. Defendant White Avenue Plaza, LLC's MOTION TO COMPEL FURTHER RESPONSES OF PLAINTIFF GGSP, LLC TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET NO. ONE Responding Party: Plaintiff, GGSP, LLC 4. Defendant White Avenue Plaza, LLC's MOTION TO COMPEL FURTHER RESPONSES OF PLAINTIFF JOSE DOUGLAS FALLAS TO FORM INTERROGATORIES, SET NO. ONE Responding Party: Plaintiff, Jose Douglas Fallas 5. Defendant Wh...

Excerpt: ... she sustained injuries in a January 13, 2017 slip and fall. On May 30, 2017, Plaintiff filed a complaint, asserting causes of action against Defendant Food 4 Less of California, Inc. and Does 1-50 for: 1. Negligence 2. Premises Liability On March 28, 2019, this case was transferred from Department 4A (personal injury hub) to this instant department. A Trial Setting Conference is set for February 28, 2020. Legal Standard The purpose of a motion f...

Excerpt: ...gment is DENIED. Background Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) alleges that Plaintiff's assignor, State Compensation Insurance Fund (“Assignor”) and Defendant AEF Freight USA, Inc. aka AEF Freight USA Inc. (“Defendant”) entered into a written agreement wherein Assignor agreed to provide policies of workers compensation insurance to Defendant, bearing Policy Nos. 9162780- 16 (covering the period of July 16, 2016 ...

Excerpt: ...aul Varela 2010 Revocable Living Trust Dated 06-25-2010's Motion for Leave to File Second Amended Complaint is GRANTED. Background Case No. 19PSCV00872 Plaintiff Sylvia Patricia Ramirez, as Trustee of Raul Varela 2010 Revocable Living Trust Dated 06-25-2010 (“Plaintiff”) seeks a judicial foreclosure of the property located at 740 Gillette Road, Room 101, Pomona, CA, 91768. On November 4, 2019, Plaintiff filed a First Amended Complaint (“FAC...

Excerpt: ...re Claim is DENIED. 2. Defendant Jasmine Lee's Demurrer to Plaintiff's Complaint is SUSTAINED. The court will hear from Plaintiff as to whether leave to amend is requested, and will require an offer of proof if so. Background Plaintiff Tianxiang Weng (“Plaintiff”) alleges that Plaintiff provided his son and daughter-in- law, Defendants Jasmine Lee (“Lee”) and Fei Weng (“F. Weng”), a 40% down payment on a home, in exchange for Lee's an...

Excerpt: ... wrongful misappropriation of Plaintiff's $500,000.00 investment pursuant to an EB-5 immigration visa application. On November 29, 2018, Plaintiff filed a complaint, asserting causes of action against Defendants Martin Ren Cheung (“Cheung”), Weiping He (“He”), Steven Zhang (“Zhang”), America-China Culture & Education Foundation Inc. (“Foundation”), Puma Express, LLC, Rota International Cyber Corp. (“Rota”) and Does 1-20 for: 1...

Excerpt: ...Healthcare Services—San Dimas LLC dba San Dimas Community Hospital, Prime Healthcare Services, Inc. dba San Dimas Community Hospital and San Dimas Community Hospital (“Defendants”) failed to provide rest and meal periods, failed to pay overtime wages pursuant to an improper alternative work schedule, failed to provide complete and accurate wage statements and failed to maintain records. On October 10, 2018, Sandy Diaz, in her representative...

Excerpt: ...'s MOTION FOR SUMMARY JUDGMENT Responding Party: None (unopposed, as of 2/18/20, 3:02 p.m.; due 2/10/20) Tentative Ruling 1. See below. 2. Defendant Bay City Surgery Center, Inc.'s Motion for Summary Judgment is GRANTED. Background Case No. BC598167 Plaintiff Myrna Yumiko Kawakita (“Plaintiff”) alleges that she sustained injuries in a June 13, 2015 slip and fall. On October 19, 2015, Plaintiff filed a complaint, asserting causes of action aga...

Excerpt: ...compel further responses to special interrogatories is GRANTED. Defendant is ordered to serve verified further responses to Special Interrogatory Nos. 4 through 9, inclusive, within 20 days of this order. Plaintiff's request for monetary sanctions is GRANTED in the amount of $960.00 against Defendant Jay Min Chen and his counsel of record, jointly and severally, to be paid within 30 days of this order. (2) The motion to compel further responses t...

Excerpt: ...und This action arises from allegations State housing law violations pertaining to real property commonly known as 1010 North Alameda Avenue, Azusa, California 91720 (“the Property”). Defendants Richard Hall and Alice June are owners of the Property, and are alleged to have allowed trash and debris build up thereon, as well as other dangerous conditions. On May 22, 2018, the Court granted Plaintiff City of Azusa's (“Plaintiff”) request fo...

Excerpt: ... affirmative defense) and otherwise OVERRULED. Background This matter arises out of Defendant Shu Wang's (“Wang”) purchase of the residential real property located at 2829 Wagon Train, Diamond Bar, CA, 91765 from Plaintiffs Troy Trang and Ling Yin (“Plaintiffs”). On March 21, 2019, Plaintiffs dismissed CC Royal Services Inc., Cathy Cheng, Tao Bin and David Tak-Wai Liu, without prejudice. On September 12, 2019, Plaintiffs filed a Third Ame...

Excerpt: ...s GRANTED as to Nos. 16-19 and 21 and is otherwise DENIED as MOOT. Background Plaintiff Fortino Guzman Perez (“Plaintiff”) alleges that, on or about May 26, 2018, Plaintiff purchased a 2018 Ram Truck 1500, VIN #3CJR6CT6JG194153 (“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 May 24, 2019, Plaintiff file...

Excerpt: ..., Inc., fka Jameson Insurance Inc. and that Defendants Kathleen Garvey (“K. Garvey”) and Michael Garvey (“M. Garvey”) (collectively, “The Garveys”) are the majority owners of Leviathan and Jameson. Plaintiff alleges that on or about December 3, 2013, K. Garvey negotiated a $500,000.00 loan from Jameson Insurance Company, which was secured by a deed of trust on property without Plaintiff's knowledge or consent. Plaintiff alleges that K...

Excerpt: ...s Carrien Qian He's MOTION FOR PRELIMINARY INJUNCTION Responding Party: Defendant, Jay Min Chen. Tentative Ruling 1. Plaintiff Carrien Qian He's Motion to Compel Further Responses to Requests for Admissions, Set One is GRANTED. Chen ordered to provide further, verified responses to Plaintiff's Requests for Admissions, Set One within 15 days. Sanctions are awarded against Chen and his attorneys of record, jointly and severally, in the reduced amou...

Excerpt: ...iff and Wane Deering (“Deering”) (collectively, “Original Members”) for the purpose of doing a bulk sale acquisition of a business known as Big D's, which was located at 135 E. 2nd Street, Pomona, CA, including the acquisition of its goodwill, furniture, fixtures, and equipment, and to secure a transfer of its type 47 liquor license. The Original Members adopted an Operating Agreement which provided for the management of DTP by all member...

Excerpt: ...ATE LIABILITY PRIOR TO DAMAGES [joined by G&Y General Contractors, Inc. and Alsaleh Project Management, Inc.] Responding Party: Plaintiffs, Guadalupe M. Lopez, a minor, by and through her Guardian ad Litem, Patricia Diaz; Defendants, El Monte City School District and Thompson Elementary School 3. Defendant/Cross-Defendant Royal Construction Corp.'s MOTION TO SEVER CROSS- COMPLAINT FROM PLAINTIFF'S COMPLAINT AT TRIAL Responding Party: Defendants, ...

Excerpt: ...), derivatively on behalf of Sae Global Logistics (USA) Inc. (“SAE-US”), seeks to dissolve SAEUS and for an order compelling SAE-US to allow the inspection of SAE-US' records. Plaintiff alleges that SAE-US' Chief Executive Officer, board director, and 15% shareholder, Defendant Richard Tsiu (“Tsiu”), has engaged in fraud and mismanaged SAEUS. On March 19, 2019, Plaintiff filed a First Amended Derivative Complaint, asserting causes of acti...

Excerpt: ..., “Plaintiffs”) allege that Defendant Dennis Muranaka (“Defendant”) stole a safe and its contents from Mitsuko's home. On March 20, 2019, Plaintiffs filed a complaint, asserting causes of action against Defendant and Does 1-10 for: 1. Intentional Tort On December 20, 2019, this action was ordered reassigned by Department 1 to this department. A Status Conference is set for February 5, 2020. Legal Standard Pursuant to CCP § 36(a), “[a] ...

Excerpt: ...Yucaipa Trading Co., Inc. dba Rio Ranch Market's (also erroneously sued as Rio Ranch Market, Inc.) and Jay T. McCormack's Demurrer to Plaintiff's First Amended Complaint is OVERRULED in part (i.e., as to the first and second 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. Background P...

Excerpt: ...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 “Unicare DHS - Herbert Ho” (“Plaintiff”) alleges that Defendants Local Initiative Health Authority for Los Angeles County, operating and dba L.A. Care Health Plan (sued and served as L.A. Care Health Plan) (“Plan”) Phoebe Wang (“Wang”) and Angie Lageson (“Lageson”) breached a contract wi...

Excerpt: ...6 and Ai's cross- complaint filed June 23, 2017 in Case No. KC069316 and is otherwise STRICKEN. Background This is an unlawful detainer action involving the premises located at 15301 Gale Avenue, City of Industry, CA 91745 (“15301”). On May 15, 2017, Plaintiff DNA Properties, Inc. (“DNA”) filed a complaint, asserting a cause of action against Defendants Alex H. Ai (“Ai”) and Does 1-10 for: 1. Unlawful Detainer On June 23, 2017, Ai fil...

Excerpt: ...NIED. Background Plaintiff Guadalupe M. Lopez, a minor, by and through her Guardian ad Litem, Patricia Diaz (“Plaintiff”) alleges that on June 3, 2016, Plaintiff was severely injured after a school aide employee at Thompson Elementary School (“Thompson”) negligently steered Plaintiff's wheelchair into a construction zone sandbag, causing Plaintiff's wheelchair to tip over. On February 2, 2017, Plaintiff filed a complaint, asserting causes...

Excerpt: ...uling Defendant Chris Grant's Motion to Strike Frivolous or Unauthorized Complaint and Motion for Sanctions Against Plaintiff and Flyer and Flyer Law Firm Pursuant to Code of Civil Procedure Section 128.7 is DENIED. Background Case No. 18PSCV00187 Plaintiff Disability Services Corporation (“DSC”) is a California charitable trust; Defendants Chris Grant (“Grant”), Pamela Hamilton (“P. Hamilton”), James Hamilton (“J. Hamilton”), and...

Excerpt: ...sponding Party: Plaintiff, Avision Technology Co. Tentative Ruling 1. Defendants Tmax Digital's and Zack Yue Sen (erroneously sued herein as Zack Yue Shen)'s Demurrer to 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 Tmax Digital's and Zack Yue Sen (erroneously sued herein as ...

Excerpt: ...THE ALTERNATIVE, SUMMARY ADJUDICATION Responding Party: Plaintiffs, Nicole Louise Scranton and Michael Scranton Tentative Ruling 1. The hearing on Defendant Pomona Valley Hospital Medical Center's Motion for Summary Judgment, or in the Alternative, Summary Adjudication is CONTINUED to March 27, 2020, 8:30 am. 2. Defendants M. Mark Alwan, M.D.'s and Alwan, M.D., Inc.'s Motion for Summary Judgment is GRANTED. Background This action arises out of ca...

Excerpt: ...NDANT'S DEPOSITION SUBPOENAS OF PLAINTIFF'S BILLING RECORDS (CRS #610003498208) Responding Party: Unclear[3] Tentative Ruling 1. Plaintiff Shawn Stewart's Motion for an Order Quashing Defendant's Deposition Subpoenas of Plaintiff's Medical, Billing, and Radiology Records is GRANTED in part (see below). Plaintiff is awarded sanctions against Khedia and his counsel of record, jointly and severally, in the reduced amount of $960.00, payable within 3...

Excerpt: ...n (“L. Khan”), individually, and on behalf of all others similarly situated (collectively, “Plaintiffs”) allege that the Board of Directors of Defendant Islamic Center of San Gabriel Valley (“ICSGV”) have violated ICSGV's Bylaws as they pertain to acceptance of membership dues via money orders, financial transparency and reporting and the failure to convene a Special General Body Meeting. Plaintiffs allege that these violations have l...

Excerpt: ...7,482.08, which includes $8,500.00 for Plaintiff's costs and attorneys' fees, and order an undertaking of $10,000.00. Background Plaintiff La Verne Village, LLC (“Plaintiff”) is the owner of the property located at 2855 Foothill Boulevard, Building A, Suite 101, in La Verne (“subject premises”). On or about June 5, 2018, Plaintiff leased the subject premises to Towinbyed Corporation (“Towinbyed”) for a ten year period, commencing July...

Excerpt: ...counsel is to file and serve a declaration in compliance with CRC Rule 3.1324(b) no later than ten court days prior to the continued hearing date. Background Plaintiff Ruth Chiron (“Plaintiff”) alleges that the 2013 Hyundai Elantra, VIN 5NPDH4AE2D199444 (“subject vehicle”) she purchased from Glendora Hyundai is defective. On May 6, 2019, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Defendants H...

Excerpt: ...res, on behalf of himself and all aggrieved employees pursuant to Labor Code § 2698, et seq. (“Plaintiff”), filed a Representative Action Complaint for Civil Penalties Pursuant to Labor Code § 2699(f) for Violations of Labor Code § 204 and Pursuant to Labor Code §2699(a) for Violations of Labor Code §210 against Defendants Walgreen Pharmacy Services Midwest, LLC, (“Defendant”) and Does 1-10. On August 22, 2019, the court granted Plai...

Excerpt: ...ssional Security Consultants' MOTION FOR ORDER COMPELLING CROSS-COMPLAINANT PLAZA WEST COVINA, LP TO PROVIDE FURTHER RESPONSES TO FIRST SET OF REQUEST FOR ADMISSION NOS. 1-9 AND FORM INTERROGATORY NO. 17.1 Responding Party: Cross-Complainant, Plaza West Covina, LP 3. Cross-Defendant Professional Security Consultants' MOTION FOR ORDER COMPELLING CROSS-COMPLAINANT STARWOOD RETAIL PROPERTY MANAGEMENT, LLC TO PROVIDE FURTHER RESPONSES TO FIRST SET OF...

Excerpt: ...RTHER ADEQUATE RESPONSES FROM PLAINTIFF JOHN CHOE TO X-SPEED TRANSPORTATION'S SPECIAL INTERROGATORIES, SET ONE Responding Party: None (unopposed, as of 1/8/20, 2:18 p.m.; due 12/30/19) 3. Defendant X-Speed Transportation's MOTION TO COMPEL FURTHER ADEQUATE RESPONSES FROM PLAINTIFF JOHN CHOE TO X-SPEED TRANSPORTATION'S REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS, SET ONE Responding Party: None (unopposed, as of 1/8/20, 2:18 p.m.; due 12/30/19) ...

Excerpt: ...GRANTED. The case is ordered stayed as against Titan, pending completion of the arbitration. Background Plaintiff Yesica Cordon (“Plaintiff”) alleges that she was terminated on the basis of her pregnancy. On September 9, 2019, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants Winsys Logistics, Inc., Titan Personnel, Inc. (“Titan”) and Does 1-100 for: 1. Wrongful Termination in Violation of Public Pol...

Excerpt: ...ma”) (collectively, “Plaintiffs”) were tenants at the Daumier Apartment Complex (“Daumier”), which is owned and operated by Defendant Provident Resources Group, Inc. (“Provident”). Plaintiffs allege that on or about August 12, 2016 an electrical malfunction occurred in the Daumier complex, which caused Plaintiffs and other residents at Daumier to be exposed to various toxic fumes. Plaintiffs and other residents on the first floor we...

Excerpt: ...�Plaintiffs”) allege that on or about November 9, 2014, Joyce Cota and William Cota, Jr. (collectively, “Defendants”) signed a written purchase agreement with Plaintiffs, wherein Plaintiffs agreed to purchase the property located at 1506 Briar Pl. in La Verne in the amount of $25,000.00, “less any monies lent to selling parties” and subject to the mortgage loans that encumbered the subject property. Plaintiffs allege that, upon Plaintif...

Excerpt: ...sue a writ for $43,900.88 and order an undertaking of $10,000.00. Background Plaintiff Rreef CPIF REIT LLC (“Plaintiff”) alleges that, on or about April 27, 2017, Plaintiff's predecessor in interest, as landlord, and Renoir Fashion, Inc. (“Renoir”), as tenant, entered into a written lease agreement, wherein Renoir leased the property located at 13668 Valley Boulevard, City of Industry, California, 91746 (“Premises”) for a 62-month ter...

Excerpt: ...RRULED in part (i.e., as to the first cause 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 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 She...

Excerpt: ...m to purchase, renovate, and sell a residential property located at 400 S. Leaf Avenue, Covina, California 91791 (the “Property”). Plaintiff alleges that Defendant promised to provide the down payment, materials, and labor to renovate the property. In return, Plaintiff agreed to obtain the loan to purchase the Property and make monthly mortgage payments on the Property until it was sold. The parties allegedly agreed to retain the Property for...

Excerpt: ...ndant's Attorney of Record is GRANTED. I. Background A. Case No. 18PSCV00187 Plaintiff Disability Services Corporation (“DSC”) is a California charitable trust; Defendants Chris Grant (“Grant”), Pamela Hamilton (“P. Hamilton”), James Hamilton (“J. Hamilton”), and Robin Borakove (“Borakove”) were members of DSC's board of directors. DSC alleges that Grant, P. Hamilton, J. Hamilton and Borakove conducted at least one secret meet...

Excerpt: ...n Draper and Howard George Draper allege Karen lost both legs from an explosion caused in attempting to light a BBQ grill that was designed, manufactured, or assembled by Defendants R.H. Peterson Co. and Dexen Industries, Inc. On September 5, 2019, the court granted Defendant R.H. Peterson Co.'s motion to dismiss based on forum non conveniens. On September 23, 2019, the court granted Defendant Dexen Industries, Inc.'s motion to dismiss based on f...

Excerpt: ...and Su Lan Chien “Alice Chiang” (“Alice”) (collectively, “Cross-Complainants”) arising from his business dealings with Oliver Alice regarding the mishandling and misappropriation of a capital investment Zhang had made in the corporation Kenson Trading, Inc., which had been formed to enable Zhang to obtain an EB-5 investor's visa to apply for permanent residency in the United States. On June 25, 2019, Zhang filed a Complaint against Ol...

Excerpt: ...rison Global Freight Inc. (“Plaintiff”) does business as a non-vessel owning common carrier contracting with various ocean freight cargo and shipping lines to help customers move shipments from ports to other ports. Defendant Seasky Logistic, Inc. (“Seasky”) does business as a non-vessel owning common carrier. Defendants Deyu Liu (“Liu”), Songzhou Lin (“Lin”), and Yi Wang (“Wang”) are individuals are officers and directors of ...

Excerpt: ... Shan Li (“Li”) (collectively, “Plaintiffs”) allege that Li invested $50,000.00 into Corporation and became a shareholder of same based on Baohua Cao's (“Cao”) promise that the investment would generate a great return for Li and that Corporation's financial status was “very healthy.” Plaintiffs allege that Corporation's financial status is actually extremely bad and that Cao used Li's monies to pay the overdue salaries of Corporat...

Excerpt: ...D AMENDED COMPLAINT [i.e., Case No. 19PSCV00047] Responding Party: Plaintiff, Catano Enterprises, Inc. Tentative Ruling 1. Cross-Defendant Mercury Casualty Company's Demurrer to Catano Enterprises, Inc.'s Cross-Complaint is OVERRULED. 2. Defendant Mercury Casualty Company's Motion to Strike Portions of Plaintiff Catano Enterprises, Inc.'s Second Amended Complaint is DENIED. Background Case No. KC070593 Plaintiff Petru Gaboras dba Advanced Constru...

Excerpt: ...onding Party: Plaintiff, Liliana Ramirez 2. Defendants Luis Arturo Alvarado, D.D.S. Inc. and Luis Arturo Alvarado's MOTION FOR ORDER COMPELLING FURTHER RESPONSES TO INTERROGATORIES OR, IN THE ALTERNATIVE, REQUEST FOR EVIDENTIARY SANCTION Responding Party: Plaintiff, Liliana Ramirez Tentative Ruling 1. Defendants Luis Arturo Alvarado, D.D.S. Inc. and Luis Arturo Alvarado's Motion to Compel Proper Verifications for Plaintiff's Responses to Defendan...

Excerpt: ...04700 0003002e004c005000b6[s Motion to Compel Initial Responses to Discovery Requests, Set One, to [Cross-Defendant] Steven Lin is GRANTED. Cross-Defendant Steven Lin is ordered to serve on Defendants/Cross- Complainants Hyojin Kim Lee and Yo Jung Kim verified responses without objections to <0056000300440051004700 0003002e004c005000b6[s Form Interrogatories, Special Interrogatories, and Requests for Production of Documents, Sets One, within 20 d...

Excerpt: ...aomin Xing. Tentative Ruling 1. Defendant Grace Su's Motion to Vacate Default Judgment is DENIED. 2. Defendant Meiguo Investment Group, LLC's Motion to Vacate Default and Default Judgment is DENIED. Background Plaintiff Xiaomin Xing (“Plaintiff”) alleges that in or about September 2016, Grace Su (“Su”) and Mark Bastorous (“Bastorous”) invited Plaintiff to invest $250,000.00 into two business entities, South Gate PS, LLC (“South Gate...

Excerpt: ...'s Subpoena for Plaintiff's Medical, Billing and Radiology Records is GRANTED in part (see below). The parties' respective sanctions requests are declined. Background Case No. BC716563 Plaintiff Ramond Aragon (“Aragon”) alleges that he sustained injuries in a September 29, 2016 motor vehicle accident. On August 1, 2018, Aragon filed a complaint, asserting causes of action against Defendants Fox Transportation, Inc. (“FTI”), Fox Leasing, I...

Excerpt: ...s (i.e., Emahn Counts of Counts Law Firm, PC) MOTION TO BE RELIEVED AS COUNSEL Responding Party: None (unopposed, as of 9/18/19, 9:50 a.m.; due 9/16/19) Tentative Ruling 1. Plaintiff Franklin Loan Center, Inc.'s Motion for Summary Judgment is GRANTED. Plaintiff is to submit a proposed order granting summary judgment at or before the time of the hearing in its favor and against Barbata as to Plaintiff's complaint in the amount of $52,800.00. 2. Co...

Excerpt: ...Laboratory 2. Plaintiff Bio-Rad Laboratories, Inc.'s APPLICATION FOR WRIT OF POSSESSION AFTER HEARING AGAINST MATIAS CLINICAL LABORATORY, INC. DBA HEALTH CARE PROVIDERS LABORATORY, INC. Responding Party: Defendant, Matias Clinical Laboratory, Inc. dba Health Care Providers Laboratory[1] Tentative Ruling 1. Plaintiff Bio-Rad Laboratories, Inc.'s Application for Issuance of Right to Attach Order and Order for Issuance of Writ of Attachment is GRANT...

Excerpt: ...(“City”) alleges that the real property located at 720 South 2 nd Avenue in Covina, CA 91723 (“subject property”) has, since at least 2013, been maintained in violation of state housing law, City's municipal code and in a state of public nuisance. On May 3, 2019, Plaintiff filed a complaint, asserting causes of action against Defendant Marilyn J. Schneider (“Schneider”) and Does 1-50 for: 1. State Housing Law Violations (Cal. Health &...

Excerpt: ...89-year-old mother of Jackie Hernandez (“Hernandez”). Plaintiff alleges that Hernandez has attempted to alienate Plaintiff from Plaintiff's other children and grandchildren for the sole purpose of taking control of Plaintiff's assets. Plaintiff alleges Hernandez hired attorney Craig Darling (“Darling”) purportedly for Plaintiff's behalf to have multiple TROs taken out against Plaintiff's children and grandchildren. Plaintiff further alleg...

Excerpt: ...Group, LLC (“Jengio”) and Jengio's operating manager, Rashid K. Khlafani (“Khlafani”), entered into a written contract whereby Plaintiff agreed to purchase from Jengio the real property located at 600 W. Paramount Street in Azusa, California (“subject property”); Gustavo Flores (“Flores”) was Plaintiff's real estate broker for the transaction. Plaintiff alleges that Khlafani represented that the total “Discounted Purchase Price�...

Excerpt: ...00 0003003700520051005c[ Toan Nguyen, 88Rose Décor, Rose Bear, Inc. and Unity Group Corp. Tentative Ruling Plaintiffs Ningbo EGO-Global Co. (China) Ltd. and Akari International, Inc.'s Application for Issuance of Right to Attach Order and Writ of Attachment and Turnover Order or, in the Alternative, a Temporary Protective Order is GRANTED, to the extent that the court will issue a writ for $1,039.107.00 and order an undertaking of $10,000.00. Ba...

Excerpt: ... and will require an offer of proof if so. Background Plaintiff Scott Fisch (“Plaintiff”) alleges that on or about March 2013, Plaintiff entered into a contract with attorney Lee W. Gale (“Gale”), wherein Gale agreed to provide legal services to Plaintiff in four matters: (1) an administrative case involving Plaintiff's teaching credential (“administrative case”), (2) a criminal case styled People v. Fisch, Case No. KA102633 (“crimi...

Excerpt: ...aintiff's Complaint is SUSTAINED in its entirety. Defendant Leane Wholesale LLC's (erroneously sued as Feather Fresh Foods) demurrer is SUSTAINED in part (i.e., as to the first through sixth, tenth and eleventh causes of action) and OVERULED in part (i.e., as to the seventh through ninth 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...

Excerpt: ...ve Ruling Plaintiff Southern California School of Theology dba Claremont School of Theology's Motion for Attorney's Fees is GRANTED, in the amount requested. Background This case proceeded to court trial on September 24, 2018. On December 18, 2018, the Statement of Decision was filed. On January 23, 2019, the Amended Final Judgment and Permanent Injunction was filed. On January 25, 2019, Claremont Graduate University (“CGU”) and the Claremont...

Excerpt: ... is GRANTED. Background Case No. KC070593 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 subject property. Gaboras alleges that CEI...

Excerpt: ...MOTION FOR AN ORDER SEEKING LEAVE OF COURT TO FILE A CROSS-COMPLAINT Responding Party: Plaintiffs, Karen Draper and Howard George Draper Tentative Ruling 1. Defendant R.H. Peterson Co.'s Motion to Dismiss Plaintiffs' Complaint for Inconvenient Forum or, in the Alternative, Motion to Apply Colorado Law is GRANTED. 2. Defendant R.H. Peterson Co.'s Motion for an Order Seeking Leave of Court to File a Cross-Complaint is TAKEN OFF-CALENDAR as MOOT. Ba...

Excerpt: ...DICATION <004c00470003002f004400 0047000300240051004a[ela Ladewig Tentative Ruling <00520057004c0052005100 005000440055005c0003[Judgment is TAKEN OFF-CALENDAR as MOOT. Defendant The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders of CWABS Inc., asset-backed Certificates, Series 2006-26 (“BONY”) Motion for Summary Judgment is GRANTED as to Plaintiff Angela. BONY's Motion for Summary Judgment/Adjudication...

Excerpt: ...the first cause of action) and otherwise SUSTAINED (i.e., as to the second through fourth causes of action), with leave given to amend. Background Plaintiffs Steven Scott, Sandra Scott, James Scott and Matthew Scott (“Plaintiffs”) allege that they sustained injuries in a July 5, 2016 multi-vehicle car accident. On August 24, 2018, City of Redondo Beach filed a cross-complaint, asserting causes of action against Xpress Trans Inc. (a California...

Excerpt: ...bitration. Background Plaintiff Mohammed Naji (“Plaintiff”) purchased the property located at 20911 E. Via Verde Street, Covina, California from Qing Ye (“Ye”). Plaintiff alleges that Ye failed to disclose known conditions affecting the subject property prior to the close of escrow. On January 14, 2019, Plaintiff filed a complaint, asserting causes of action against Ye and Does 1-100 for: 1. Breach of Contract 2. Fraud 3. Negligence 4. Br...

Excerpt: ...Approval of Class Action Settlement and Leave to File First Amended Complaint is GRANTED. Background On November 21, 2017, Plaintiff Korri Torres, on behalf of himself and all aggrieved employees pursuant to Labor Code § 2698, et seq., filed a Representative Action Complaint for Civil Penalties Pursuant to Labor Code § 2699(f) for Violations of Labor Code § 204 and Pursuant to Labor Code §2699(a) for Violations of Labor Code §210 against Def...

Excerpt: ...400 004c00460044004f0003[Center, Inc. Tentative Ruling Plaintiffs Magaly Lopez's and Austin Lopez's, a minor by and through his Guardian ad Litem, Magaly Lopez Motion for Order Compelling Citrus Valley Medical Center, Inc.'s Employees to Appear and Testify at Deposition is DENIED. Plaintiffs' request for sanctions is declined. Background Plaintiffs Magaly Lopez (“Magaly”) and Austin Lopez, a minor by and through his Guardian ad Litem, Magaly ...

Excerpt: ...tment of Children and Family Services) Motion for Judgment on the Pleadings is GRANTED. The court will hear from 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 Carlos Anthony Lopez (“Plaintiff”) alleges fraud and misrepresentations in a dependency case, involving the removal of his infant son in 2013. On November 15, 2018, Plaintiff filed ...

Excerpt: ...19 Order Deeming Plaintiff's Requests for Admission, Set One Admitted is DENIED. Background Plaintiff Franklin Loan Center, Inc. (“Plaintiff”) alleges that in approximately December 2016, Mark Zimet (“Zimet”) sought funding for a loan with Plaintiff for the purchase of a home located at 1908 Dalton Road, Palos Verdes Estates, CA 90274 (“Dalton Property”). Plaintiff alleges that Plaintiff's employee, Defendant Kathleen Marina Barbata (...

Excerpt: ...arrey Road, Walnut, California 91789. On November 19, 2018, Plaintiff Sang Chai, as Trustee of the Chai Family Trust Est. May 18, 1991 (“Plaintiff”) filed a complaint for Unlawful Detainer against Defendant Ever Orient Inc. (“Defendant”) and Does 1-10. On January 31, 2019, the court granted Plaintiff's ex parte application for an order to serve summons and complaint on Defendant by posting and mailing. On February 15, 2019, Plaintiff file...

Excerpt: ...ANCTIONS <004c004400030025004400 5100470044[ Tentative Ruling Defendant Food 4 Less of California, Inc. dba Food 4 Less' Motion for Terminating Sanctions to Dismiss or in the Alternative Issue Evidence Sanctions Against Plaintiff for Failure to Obey the Court Order to Provide Verified Responses or Submit Payment of Monetary Sanctions is DENIED. The court declines to impose monetary sanctions. Background Plaintiff Gloria Banda (“Plaintiff”) al...

Excerpt: ... (“Su”) and Mark Bastorous (“Bastorous”) invited Plaintiff to invest $250,000.00 into two business entities, South Gate PS, LLC (“South Gate”) and SoCal Food Enterprises, LLC (“SoCal Food”), which entities would each operate one restaurant business. Prior to investing into the business, Su and Bastorous represented to Plaintiff that (1) the initial capital would be approximately $1.6 million for each entity, (2) Meiguo Investment ...

Excerpt: ...00480003002b00 004400030026004c0057[rus Valley Health Partners Inc. Tentative Ruling Plaintiff Citrus Obstetrics & Gynecology Medical Associates, Inc.'s Motion to Compel Defendant Citrus Valley Health Partners, Inc.'s Further Responses to First Set [of] Requests for Production of Documents is DENIED. Sanctions are awarded in favor of Defendant and against Plaintiff in the reduced amount of $1,640.00 and are payable within 30 days of the hearing. ...

Excerpt: ...005700480003002b00 004400030026004c0057[rus Valley Health Partners Inc. Tentative Ruling Plaintiff Citrus Obstetrics & Gynecology Medical Associates, Inc.'s Motion to Compel Defendant Citrus Valley Health Partners, Inc.'s Further Responses to Form Interrogatories and Requests for Admissions is DENIED. Sanctions are awarded in favor of Defendant and against Plaintiff in the reduced amount of $820.00 and are payable within 30 days of the hearing. B...

Excerpt: ...e Ruling Plaintiffs Magaly Lopez's and Austin Lopez's, a minor by and through his Guardian ad Litem, Magaly Lopez Motion for Order Permitting Plaintiffs to File First Amended Complaint is GRANTED. Background Plaintiffs Magaly Lopez (“Magaly”), Austin Lopez, a minor by and through his Guardian ad Litem, Magaly Lopez (“Austin”) and Eder Lopez (“Eder”) (collectively, “Plaintiffs”) contend that defendants failed to diagnose and treat ...

Excerpt: ... SUMMARY ADJUDICATION Responding Party: None (unopposed, as of 8/1/19, 12:28 p.m.; due 8/9/19 [limited to argument re: prejudice (see below).]) Tentative Ruling Defendant U.S. Bank National Association, as Trustee for MASTR Adjustable Rate Mortgages Trust 2007-3 Mortgage Pass-Through Certificates, Series 2007-3 sued herein as U.S. Bank National Association's unopposed Motion for Summary Judgment is GRANTED. Background This is an alleged wrongful ...

Excerpt: ...tiffs, Andres Cruz and Vilma Cruz[2] Tentative Ruling 1. Defendant Lew Bradley Disney, M.D. (Doe 1)'s unopposed Motion for Summary Judgment is GRANTED. 2. Defendant Scott Charles Lederhaus, M.D. (Doe 2)'s unopposed Motion for Summary Judgment is GRANTED. Background This is a medical malpractice lawsuit. On May 7, 2015, Plaintiffs Andres Cruz (“Andres”) and Vilma Cruz (“Vilma”) (collectively, “Plaintiffs”) filed a complaint, asserting ...

Excerpt: ...ood 4 Less' Motion for Protective Order Precluding the Deposition of Defendant's Apex Managerial Employee Sandy Martinez is DENIED. Background Plaintiff Gloria Banda (“Plaintiff”) alleges that she sustained injuries in a January 13, 2017 slip and fall. On May 30, 2017, Plaintiff filed a complaint, asserting causes of action against Defendant Food 4 Less of California, Inc. (“Defendant”) and Does 1-50 for: 1. Negligence 2. Premises Liabili...

Excerpt: ...(unopposed, as of 8/12/19, 9:21 a.m.) Tentative Ruling Defendants Smart & Final Stores, LLC's, Carlos Fernandez's, and Penske Truck Leasing Co., L.P.'s Motion for Determination of Good Faith Settlement is GRANTED. Background Case No. BC662018 Plaintiff Rudy Anthony Palomares (“Plaintiff”) alleges that he sustained injuries in an April 2, 2016 motor vehicle collision. On May 18, 2017, Plaintiff filed a complaint, asserting causes of action aga...

Excerpt: ...Plaintiff East West Bank (“Plaintiff”) alleges that defendants engaged in a fraudulent check kiting scheme to defraud plaintiff. On July 19, 2018, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants Nino Jefferson Miave Lim (“Lim”); Island Pacific Supermarkets, Inc.; Island Pacific Chula Vista Inc. (“IP Chula Vista”); Island Pacific National City, Inc.; Island Pacific Oxnard, Inc.; Island Pacific P...

Excerpt: ... Plaintiff East West Bank's MOTION TO COMPEL ATTENDANCE OF PERSON(S) MOST KNOWLEDGEABLE AT DEPOSITION OF ISLAND PACIFIC CHULA VISTA, INC. AND FOR TERMINATING SANCTIONS Responding Party: None (unopposed, as of 8/12/19, 11:58 a.m.; due 7/31/19) Tentative Ruling See below. Background Plaintiff East West Bank (“Plaintiff”) alleges that defendants engaged in a fraudulent check kiting scheme to defraud plaintiff. On July 19, 2018, Plaintiff filed a...

Excerpt: ...s National Bank's Motion for Order Vacating Dismissal and Entering Judgment against Defendant Pursuant to CCP § 664.6 is GRANTED. Background Plaintiff American Express National Bank fka American Express Centurion Bank (“Plaintiff”) alleges that Edgar Rivas (“Rivas”) has failed to make payments on his credit card balance. On July 2, 2018, Plaintiff filed a complaint, asserting causes of action against Rivas and Does 1-20 for: 1. Common Co...

Excerpt: ...MOTION TO STRIKE PORTIONS OF PLAINTIFF CATANO ENTERPRISES, INC.'s FIRST AMENDED COMPLAINT Responding Party: Plaintiff, Catano Enterprises, Inc. Tentative Ruling 1. Defendant Mercury Casualty Company's Demurrer to Catano Enterprises, Inc.'s First Amended Complaint is SUSTAINED with leave in part (i.e., as to the first and second causes of action) and OVERRULED in part (i.e., as to the third cause of action). 2. Defendant Mercury Casualty Company's...

Excerpt: ...ker misrepresented the nature of certain life insurance policies, annuities and mutual funds, which allegedly induced him to purchase the investments. Plaintiff claims the investments were not in the best interests of his financial portfolio. On July 19, 2016, Plaintiff filed a complaint, asserting causes of action against Defendants Gregory R. Acosta, Inc. (“Acosta Inc.”), Diamond Bar Executive Benefit Programs & Insurance Services, Inc. (�...

Excerpt: ... a wrongful foreclosure lawsuit involving Plaintiff Jennifer Chan's (“Plaintiff”) residential property located at 2145 Wind River Lane in Rowland Heights. On January 19, 2018, Plaintiff filed a complaint, asserting causes of against Defendants Ah Lay Tiow dba Great Eastern Company (erroneously sued as Great Eastern Company) (“Great Eastern”), County Records Research, Inc. (“CRRI”) and Does 1-25 for: 1. Violation of CA Homeowner Bill o...

Excerpt: ...rst and second causes of action) and OVERRULED 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 as to which cause(s) of action, and will require an offer of proof if so. Background Plaintiff Seven Bubbles, Inc. (“Plaintiff”) is generally in the merchandising business related to pregnancy, infant, and children products, both online and retail. Plainti...

Excerpt: ...g CCP §§ 1005(b) and CCP § 1010.6(a)(2)(A)(ii) notice: Defendant Winsys Logistics, Inc.'s Demurrer to 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. Background Plaintiff Yesica Cordon (“Plaintiff”) alleges that she was terminated on the basis of her pregnancy. On January 3, 2019, Plaintiff filed a...

Excerpt: ...ded Complaint is DENIED. Background Plaintiff Mireya Aviles Morales (“Plaintiff”) alleges that on or about July 8, 2016, Plaintiff sustained injuries while working with a Die Cut power press machine, Model No. DCS-10.5X56. On October 29, 2018, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Defendants Casa Herrera Inc. (“Casa Herrera”), Tyson Foods Inc., Southwest Products Inc., Ajinomoto Foods No...

Excerpt: ...rete (“Defendant” entered into an agreement wherein they became joint tenants to the property located at 928 W. 4 th Street in Pomona, CA 91766 (“subject property”). Plaintiff seeks a partition by sale of the subject property. On September 13, 2018, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-20 for: 1. Partition 2. Accounting On November 19, 2018, Defendant filed a cross-complaint, asserting cause...

Excerpt: ...o 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 This lawsuit arises out of a July 9, 2017 fatal motor vehicle collision. On March 27, 2019, Plaintiffs Jaime Valenzuela and Tammy Martinez, individually and as successors in interest to Irving Valenzuela, deceased, (“Plaintiffs”) filed a co...

Excerpt: ...F SPECIAL INTERROGATORIES TO DEFENDANT JACQUELYN HERNANDEZ <00580048004f005c005100 0048005d[ 3. Plaintiff Virginia Murguia's MOTION TO COMPEL RESPONSES TO PLAINTIFF'S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT JACQUELYN HERNANDEZ <00580048004f005c005100 0048005d[ 4. Plaintiff Virginia Murguia's MOTION TO COMPEL RESPONSES TO PLAINTIFF'S FIRST SET OF REQUESTS FOR ADMISSION TO DEFENDANT JACQUELYN HERNANDEZ <00580048004f005c005100...