Excerpt: ...s, Set One is GRANTED as set forth herein. Background Plaintiff Nanzi M. Gonzalez (“Plaintiff”) alleges that, on or about November 26, 2016, Plaintiff purchased a 2017 Jeep Wrangler X, VIN # 1C4AWAG6HL513165 (“subject vehicle”) from FAC US LLC's (“FCA”) authorized dealership located in Glendora. Plaintiff alleges that the subject vehicle suffers from various defects and that FCA has been unable to repair same within a reasonable numbe...

Excerpt: ...viathan Industries (“Leviathan”) and a 33.3% ownership interest in Jameson, 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 ...

Excerpt: ...DANT/CROSS-COMPLAINANT JAY CHEN'S FIRST AMENDED CROSS- COMPLAINT Responding Party: Defendant/Cross-Complainant, Jay Chen Tentative Ruling 1. Plaintiff/Cross-Defendant Carrien Qian He's Demurrer to Defendant/Cross- Complainant Jay Chen's First Amended Cross-Complaint is OVERRULED. 2. Plaintiff/Cross-Defendant Carrien Qian He's Motion to Strike Portions of Defendant/Cross-Complainant Jay Chen's First Amended Cross-Complaint is GRANTED in part (i.e....

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 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, asserting causes of action against Defendants Hyundai Motor America, Glendora Hyunda...

Excerpt: ...tiff, Klaus Goettel Tentative Ruling 1. Defendant U.S. Bank National Association's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED. 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 U.S. Bank National Association's Motion to Strike Portions of Plaintiff's First Amended Complaint is GRANTED. Background This is a wrongful foreclosure action i...

Excerpt: ...NIED in part (i.e., with respect to standing on behalf of Hua He). Background Plaintiff Aimin Zhang (“Zhang”) alleges that, on or about October 17, 2014, Zhang was retained by Defendant Sonia Y. Heh aka Sonia Heh (“Heh”) to care for Heh's elderly parents as a live-in caretaker. Zhang claims that her employment was terminated in February 2017 because Zhang renewed her requests that Heh pay her wages with proper withholdings so that Zhang w...

Excerpt: ...nc.'s Demurrer is OVERRULED. Background This is a wage and hour lawsuit. On September 13, 2018, Plaintiff Lilian Ramirez (“Plaintiff”) filed a complaint, asserting causes of action against Defendants Luis Arturo Alvarado, D.D.S. Inc., Luis Arturo Alvarado and Does 1-20 for: 1. Failure to Pay Overtime Wages 2. Failure to Pay for Meal Periods 3. Failure to Pay for Rest Periods 4. Failure to Pay Earned Wages at Time of Separation 5. Conversion 6...

Excerpt: ...edy Chin's and Miscellanity LLC's Motion to Quash Service of Summons for Lack of Personal Jurisdiction is GRANTED in part (i.e., as to Miscellanity) and DENIED in part (i.e., as to Fredy Chin). Background Plaintiffs Jiang's Int'l Trade Corp (“Jiang's”), J&J Image Inc. (“J&J”), Speedy Fulfill, Inc. (“Speedy”) and The Real Untouchble Inc. (“Untouchble”) (collectively, “Plaintiffs”) are each companies owned by Chih-Kang Hu and Li...

Excerpt: ...d, as of 7/19/19, 11:12 a.m.; due 7/11/19) Tentative Ruling 1. Defendant Emmanuel Quiambao's Demurrer to Plaintiff's Complaint is OVERRULED in part (i.e., as to the first cause of action) and otherwise SUSTAINED in part (i.e., as to the second through fourth 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. 2. D...

Excerpt: ...t-Backed Pass-Through Certificates 2006-2) DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT Responding Party: Plaintiffs, Izhak Termeforoosh and Dalia Termeforoosh Tentative Ruling Defendants Wells Fargo Bank, N.A.'s and U.S. Bank National Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates Series <0047004500440003003800 00030031001100240011>, as Trustee for Adjustable Rate Mortgage Trust-Backed...

Excerpt: ...IONS OF FIRST AMENDED CROSS-COMPLAINT Responding Party: Defendant/Cross-Complainant, Richard Tsiu Tentative Ruling 1. Plaintiff/Cross-Defendant SAE Global Logistics Ltd.'s Demurrer to First Amended Cross-Complaint is OVERRULED in part (i.e., as to the first cause of action) and otherwise SUSTAINED (i.e., as to the second through fourth causes of action). The court will hear from Plaintiff/Cross-Defendant as to whether leave to amend is requested,...

Excerpt: ...2 a.m.; due 7/9/19) Tentative Ruling Defendants Ocwen Loan Servicing, LLC's and Deutsche Bank National Trust Company, as <004a000300570052000300 00570056000300260052>rp., Collateralized Asset-Backed Bonds, Series 2005-4'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 Adrian Zambrano (“Plaintiff”) is th...

Excerpt: ...0300 0014001c000f00030014[:12 p.m.; due 7/9/19) Tentative Ruling Plaintiff Financial Services Vehicle Trust, by and through its servicer, BMW Financial Services, NA, LLC, as administered by its Rolls-Royce Motor Cars Financial Services Division's Application for Writ of Possession Against Dawei Wang is GRANTED, with no bond. Background Plaintiff Financial Services Vehicle Trust, by and through its servicer, BMW Financial Services, NA, LLC, as adm...

Excerpt: ...ing a Receiver to Remedy <008600030014001a001c00 0003002a003500240031>TED. Background Petitioner City of Claremont (“City”) seeks the appointment of a receiver over the real property located at 1665 N. Towne Avenue in Claremont. On May 31, 2019, City filed its “Petition and Motion for an Order Appointing a Receiver to Remedy Substandard Conditions (Health & Safety <0051004400510047004800 0044005100470048005d[”). On June 7, 2019, the court...

Excerpt: ...ane Wholesale LLC's (erroneously sued as Feather Fresh Foods), Lee Costlow's and Leane Snow's motion to set aside default is DENIED. The motion to quash is MOOT. Background Plaintiff Leyen Food, LLC (“Plaintiff”) is a supplier of poultry products. Plaintiff alleges that, from in or about September 2018 through December 2018, Defendants Leane Wholesale LLC <0048000300260052005600 0003002f004800440051[ne Snow (“Defendants”) sent purchase or...

Excerpt: ...on of Issues is DENIED in full. Background Plaintiff Jack Sakzlyan, assignee of Petros Sakzlyan (“Plaintiff”), alleges that on or about January 2011, Petros Sakzlyan (“Petros”) and Defendant Joseph D'Angelo (“Defendant”) agreed to purchase a restaurant known as the Golden Spur, located at 1223 E. Route 66 in Glendora. Plaintiff alleges that sometime in August 2012, Defendant agreed to purchase Petros' 50% share of the Golden Spur and ...

Excerpt: ...intiff Disability Services Corporation's MOTION FOR DISQUALIFICATION OF DEFENDANT'S ATTORNEY OF RECORD <00510057000f0003002700 0057004800550049004c[eld Tentative Ruling 1. Defendant David Butterfield's Motion to Strike Frivolous and Unauthorized Complaint or, Alternatively, to Consolidate with Lower Numbered Case is DENIED in full. 2. Plaintiff Disability Services Corporation's Motion for Disqualification of Defendant's Attorney of Record is DENI...

Excerpt: ..., COSTS, AND MONETARY SANCTIONS AGAINST DEFENDANT FOX TRANSPORTATION INC. AND/OR ITS COUNSEL OF RECORD <0037005500440051005600 0051000f0003002c0051[c. (2) Plaintiff Ramond Aragon's MOTION TO COMPEL DEPOSITION OF EMPLOYEE(S) AND/OR PERSON(S) MOST QUALIFIED FOR DEFENDANT FOX LEASING, INC. AND REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR $4,261.65 IN ATTORNEYS FEES, COSTS, AND MONETARY SANCTIONS AGAINST DEFENDANT FOX LEASING AND/OR ITS COUNSEL O...

Excerpt: ...ey Hospital Medical Center dba Claremont Urgent Care's, Premier Family Medicine Associates, Inc.'s, Teri Yoshitake, M.D.'s and Jennifer Guerra, P.A.'s, Motion for Summary Judgment is GRANTED in part (i.e., as to Yoshitake) and DENIED in part (i.e., as to PVHM, Premier and Guerra). Background Plaintiff Krista J. Olson (“Plaintiff”) claims that she sustained injuries after defendants failed to diagnose, treat and care for her appendicitis. On A...

Excerpt: ...sociation, as Trustee for Structured Asset Investment Loan Trust, Mortgage Pass- Through Certificates, Series 2006-3 and Structured Assets Securities Corp.) DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT <00450048004f0003002a00 480055005900440046004c0052[ Tentative Ruling Defendants Mortgage Electronic Registration Systems, Inc.'s and U.S. Bank National Association's, as Trustee for Structured Asset Investment Loan Trust, Mortgage Pass- Through ...

Excerpt: ... 1. Defendant Jinnie Lerette's Demurrer to Plaintiff's Second Amended 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. 2. Defendant Jinnie Lerette's Motion to Strike Portions of Plaintiff's Second Amended Complaint is MOOT. Background Plaintiff Kevin Lee (“Plaintiff”) contends that Defendants failed to disclose certain defects during the sale of the...

Excerpt: ...s-Defendants Westlake Coach Company, LLC's (erroneously sued and served as Westlake Coach Company, LLC aka O'Gara Coast Westlake, LLC) and Michelle Madden's Demurrer to First Amended Cross-Complaint is SUSTAINED. The court will hear from counsel for Cross-Complainant 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 Porsche Leasing Ltd. (“Porsche Leasin...

Excerpt: ...ics Ltd. Tentative Ruling 1. Defendant Richard Tsiu's Demurrer to Plaintiff's First Amended Complaint is OVERRULED in part (i.e., as to the first through third causes of action) and SUSTAINED in part (i.e., as to the fourth cause of action). The court will hear from Plaintiff as to whether leave to amend is requested, and will require an offer of proof if so. 2. Defendant Richard Tsiu's Motion to Strike Portions of First Amended Complaint is GRAN...

Excerpt: ..., COSTS, AND MONETARY SANCTIONS AGAINST DEFENDANT FOX TRANSPORTATION INC. AND/OR ITS COUNSEL OF RECORD <0037005500440051005600 0051000f0003002c0051[c. (2) Plaintiff Ramond Aragon's MOTION TO COMPEL DEPOSITION OF EMPLOYEE(S) AND/OR PERSON(S) MOST QUALIFIED FOR DEFENDANT FOX LEASING, INC. AND REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR $4,261.65 IN ATTORNEYS FEES, COSTS, AND MONETARY SANCTIONS AGAINST DEFENDANT FOX LEASING AND/OR ITS COUNSEL O...

Excerpt: ...na's Demurrer to Plaintiff's Complaint is OVERULED. Defendants Yawits Inc. dba Evergreen Lighting's, High Power 4S, Inc.'s and John Klena's Motion to Strike Portions of Plaintiff's Complaint is DENIED. Background Plaintiff Victor Rosen (“Plaintiff”) was an employee of Yawitz, Inc. dba Evergreen Lighting (“Evergreen”) from in or about June 1997 until on or about May 9, 2018. Plaintiff has also been a 25% shareholder in Evergreen since in o...

Excerpt: ...e Ruling Plaintiff Southern California School of Theology dba Claremont School of Theology's Motion to Strike or Tax Costs is GRANTED in part (i.e., Item No. 5 is taxed in the amount of $779.18, Item No. 11 taxed in the amount of $9,628.70 and Item No. 12 is taxed in the amount of $24,363.55) and DENIED in part (i.e., as to Item No. 16.) Background This case proceeded to court trial on September 24, 2018. On December 18, 2018, the Statement of De...

Excerpt: ... De Jesus Hernandez (“M. Hernandez”) (collectively, “Plaintiffs”) claim that they purchased the real property located at 4847 Slancroft Avenue in Baldwin Park (“subject property”) from George “Frank” Alvarez (“Alvarez”) in 2005 and thereafter made mortgage payments to him. Alvarez apparently sold the subject property in 2017 to Oseguera Investments Inc. (“Oseguera”). On April 2, 2018, Alvarez filed an amendment to his cros...

Excerpt: ...ANTED. 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. 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 Esta...

Excerpt: ... 5, LLC's MOTION TO FILE UNDER SEAL INFORMATION AND DOCUMENTS <000f000300440056000300 0014001c000f00030015[:25 p.m.; due 5/20/19) Tentative Ruling (1) Defendants Sunnova Energy Corporation's and Sunnova Asset Portfolio 5, LLC's Motion for Determination of Good Faith Settlement is GRANTED. (2) Defendants Sunnova Energy Corporation's and Sunnova Asset Portfolio 5, LLC's Motion to File Under Seal Information and Documents is DENIED. Background Plain...

Excerpt: ...folio 5, LLC's MOTION TO FILE UNDER SEAL INFORMATION AND DOCUMENTS <000f000300440056000300 0014001c000f0003001c[:33 a.m.; due 5/20/19) Tentative Ruling (1) Defendants Sunnova Energy Corporation's and Sunnova Asset Portfolio 5, LLC's Motion for Determination of Good Faith Settlement is GRANTED. (2) Defendants Sunnova Energy Corporation's and Sunnova Asset Portfolio 5, LLC's Motion to File Under Seal Information and Documents is DENIED. Background ...

Excerpt: ...Gonzalez's Petition for Order Relieving Plaintiff Abelina Gonzalez From Provisions of Government Code Section 945.4 and to Submit Late Claim Against County of Los Angeles is DENIED. Background Plaintiffs Abelina Gonzalez (“Abelina”), Jose Raul Gonzalez, Maria Rosaura Gonzalez, Luis Antonio Gonzalez and Francisco Javier Gonzalez, heirs to Vicente Gonzalez Ortiz (“Adult Children”) (collectively, “Plaintiffs”) allege that on July 12, 201...

Excerpt: ...16, he made loans to Richard John Hernandez aka Richard Hernandez aka Ricky Hernandez (“Hernandez”) and Andrew Ernie Quezada aka Andrew Quezada (“Quezada”) which they would lend out to third parties as part of their business making and arranging loans for third party borrowers. Plaintiff alleges that Hernandez has defaulted on promissory notes. Plaintiff alleges that Defendants failed to disclose, inter alia, that Hernandez's license with...

Excerpt: ...0560003004400 00550003002900520058>ndation Hospitals' Motion to Continue Trial Date Pursuant to California Rule of Court 3.1332 is GRANTED. Background This is a dispute about how much Plaintiff Pomona Valley Hospital Medical Center (“Plaintiff”) should be paid for emergency medical services Plaintiff provided to members of Kaiser Foundation Health Plan, Inc. (“KFHP”) from October 1, 2017-December 31, 2017. On April 9, 2018, Kaiser Permane...

Excerpt: ...tion for Summary Judgment or, in the Alternative, Motion for Summary Adjudication of Issues is DENIED in its entirety. Background Plaintiff Marilyn Gonzalez (“Gonzalez”) alleges that she sustained serious injuries on or about March 20, 2016 on the premises located at 851 S. Sunset Ave. in West Covina (“premises”) as a result of dangerous conditions existing on the premises. On November 20, 2017, Plaintiffs Gonzalez and Jose Ortiz (“Orti...

Excerpt: ...or, in the Alternative, Summary Adjudication is DENIED in its entirety. Background Plaintiff Ling Su (“Plaintiff”) alleges that on March 22, 2016, third party Yong Zhao (“Zhao”) purchased a 2016 Mercedes Benz GL450, VIN #4JGDF6EE7GA700833 (“subject vehicle”) from Mercedes Benz of Rochester, a dealership located in Rochester, Minnesota. On March 29, 2016, the subject vehicle was shipped from Rochester to California; on April 4, 2016, t...

Excerpt: ...ez”) (collectively, “Plaintiffs”) claim that they purchased the real property located at 4847 Slancroft Avenue in Baldwin Park (“subject property”) from George “Frank” Alvarez (“Alvarez”) in 2005 and thereafter made mortgage payments to him. Alvarez apparently sold the subject property in 2017 to Oseguera Investments Inc. (“Oseguera”). On April 2, 2018, Alvarez filed an amendment to his cross-complaint, wherein he purported ...

Excerpt: ...round Plaintiff Ford Motor Credit Company LLC (“Plaintiff”) alleges that on or about January 26, 2018, Defendant Jose Maldonado (“Defendant”) made, executed and delivered to Plaintiff's assignor a written Retail Installment Sales Contract (“Agreement”) for the purchase of certain personal property described as a 2017 Ford F-150, VIN #1FTMF1C82HKE19944 (“subject vehicle”). Pursuant to the Agreement, Defendant agreed to make monthly...

Excerpt: ...tiffs' First Amended Complaint is SUSTAINED. The court will hear from 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. 2. Defendant Shu Wang's Motion to Strike Punitive Damages from Plaintiffs' First Amended Complaint is TAKEN OFF-CALENDAR as MOOT. Background This matter arises out of Defendant Shu Wang's (“Wang”) purchase of the residential real property locat...

Excerpt: ...m the parties regarding an appropriate bond amount. Background Plaintiff Cathay Bank (“Plaintiff”) alleges that on or about October 13, 2010, Baxco Pharmaceutical, Inc. (“Baxco”) gave Plaintiff a promissory note in the principal sum of $1.2 million and entered into a Business Loan Agreement with Plaintiff. Plaintiff alleges that Baxco and Plaintiff thereafter entered into various Change In Terms Agreements. Plaintiff alleges that on or ab...

Excerpt: ...Complaint is CONTINUED TO ____________________________. Background Plaintiff Victor Rosen (“Plaintiff”) was an employee of Yawitz, Inc. dba Evergreen Lighting (“Evergreen”) from in or about June 1997 until on or about May 9, 2018. Plaintiff has also been a 25% shareholder in Evergreen since in or about March 2004. Plaintiff alleges that beginning in or about April 2014 and thereafter, John Klena (“Klena”), the President and majority s...

Excerpt: ...by Cross-Defendant Aviation West Charters, LLC is GRANTED. Aviation's Application for Good Faith Settlement is DENIED. Background Medical malpractice. On April 27, 2016, Plaintiff Juan Palma, Guardian of Misty Blackmon, Personally, and the Estate of Misty Blackmon (“Plaintiffs”) filed a complaint, asserting causes of action against Defendants Kaiser Foundation Health Plan, Inc. (“KFHPI”), Kaiser Foundation Hospitals (“KFH”), Southern ...

Excerpt: ...ded 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 Maria Lourdes Castellanos, Hector Vargas, Sandra Lucero, Deisy Mercado, Karina <0051004c0048004f000300 000b00b30033004f0044[intiffs”) allege that they were each terminated in violation of their respective implied-in-fact employme...

Excerpt: ...guia (“Plaintiff”) is the 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 grandchi...

Excerpt: ...y Attorney Phu Do Nguyen and Do Phu & Anh Tuan, APC, in its Entirety as Counsel for Defendant Michelle Nguyen is GRANTED. Background Plaintiffs My Le Mai and Cammie Myhieu Phan (“Plaintiffs”) allege that Defendant Michelle Nguyen (“Defendant”) refuses to pay back monies Plaintiffs loaned to her. On November 3, 2017, Plaintiffs filed a complaint against Defendant and Does 1-10 for: 1. Fraud 2. Conversion 3. Unjust Enrichment 4. Money Had a...

Excerpt: ...TERROGATORIES FROM DEFENDANT MANUFACTURE RESOURCE PRODUCTS, INC.; REQUEST FOR SANCTIONS <000f000300440056000300 0014001c000f00030014[0:40 a.m.; due 4/23/19) Tentative Ruling 1. Plaintiff Kaicap Technology, Inc.'s Motion to Compel Compliance with Request for Production and for Verification of Written Response is GRANTED. Sanctions are awarded in the reduced amount of $810.00. 1. Plaintiff Kaicap Technology, Inc.'s Motion to Compel Further Answers ...

Excerpt: ...tition for Order Relieving Petitioner from Provisions of Government Code § 945.4 is DENIED. Background Petitioner Natalie Caballero Vega (“Petitioner”), a student at Diamond Bar High School (“School”), alleges that she suffered five hits to the head during a February 1, 2017 water polo warm up and match. Petitioner contends that she sustained a traumatic brain injury and that School officials failed to follow the School's Concussion Mana...

Excerpt: ...ing Plaintiff Abelina Gonzalez From Provisions of Government Code Section 945.4 and to Submit Late Claim Against County of Los Angeles is CONTINUED for further briefing (see below). Background Plaintiffs Abelina Gonzalez (“Abelina”), Jose Raul Gonzalez, Maria Rosaura Gonzalez, Luis Antonio Gonzalez and Francisco Javier Gonzalez, heirs to Vicente Gonzalez Ortiz (“Adult Children”) (collectively, “Plaintiffs”) allege that on July 12, 201...

Excerpt: ...sther Weiswasser 2005 Trust's and MZL Properties Inc.'s Motion to Continue Trial and Final Status Conference is DENIED. Background Case No. KC070323 Plaintiffs Ma Guadalupe Arechiga, Camila Bojorquez, Ismael Bojorquez, Ismael Bojorquez Melendrez, Leobardo R. Bravo, Yolanda Bravo, Isidro Caldera, Maria Caldera, David Cigarroa, Patricia Cuevas, Alfredo Escobedo, Alfredo Escobedo Murillo, Angel Fabre Aguillon, Nicolas Fierros, Yolanda Garcia, Diego ...

Excerpt: ... amend is requested, and as to which cause(s) of action, and will require an offer of proof if so. Background Plaintiff Jose Estrada (“Plaintiffs”) alleges that on or about December 6, 2016, Plaintiff entered into a mortgage loan with Defendant Civic Financial Services, LLC (“Civic”), which was secured by a trust deed on Plaintiff's residential property located at 20909 Ambushers Street, Diamond Bar, CA 91765. Plaintiff alleges that Civic...

Excerpt: ...”) discriminated and harassed Plaintiff during her employment due to her disability and retaliated against her for complaining about Ray-Holm's alleged conduct. On January 24, 2019, Plaintiff filed a complaint, asserting causes of action against BofA, Ray-Holm and Does 1-20 for: 1. Disability Discrimination in Violation of FEHA 2. Failure to Engage in the Interactive Process in Violation of FEHA 3. Failure to Accommodate Disability in Violation...

Excerpt: ...es Corporation's MOTION TO COMPEL FORM INTERROGATORIES WITH MONETARY SANCTIONS AGAINST ROBIN BORAKOVE, CHRIS GRANT, JAMES HAMILTON AND PAMELA HAMILTON <000f000300440056000300 0014001c000f0003001c[:53 a.m.; due 4/12/19) Tentative Ruling 1. Plaintiff Disability Services Corporation's Motion to Deem Requests for Admission Admitted Against Robin Borakove, Chris Grant, James Hamilton and Pamela Hamilton is MOOT. The court orders Chris Grant to provide...

Excerpt: ...ANTED. Background This is an alleged legal malpractice case arising out of Defendants C.S. Scarcella & Associates' and Christopher Scarcella's (collectively, “Defendants”) representation of Plaintiff Sophia Shumaker (“Plaintiff”) in her marital dissolution action styled Shumaker v. Shumaker, Case No. FAMRS1400913. On January 16, 2018, Plaintiff filed a Second Amended Complaint, asserting causes of action against Defendants and Does 1-100 ...

Excerpt: ...iary Sanctions is DENIED. Plaintiff is ordered to provide further responses to Form Interrogatories Nos. 8.4, 8.6, 8.7 and 8.8, Special Interrogatories Nos. 8, 38 and 39 and Demand for Production No. 28 within 10 calendar days of the date of the hearing. The court awards monetary sanctions in the amount requested against Plaintiff and her counsel, jointly and severally, which are payable within 30 calendar days of the date of the hearing. Backgro...

Excerpt: ...s GRANTED as to Form Interrogatories Nos. 8.4, 8.5, 8.6, 8.7 and 8.8 and Special Interrogatories No. 54 and is otherwise deemed MOOT. Plaintiff is ordered to provide further responses to Form Interrogatories Nos. 8.4, 8.6, 8.7 and 8.8 and Special Interrogatories No. 54 within 10 calendar days of the date of the hearing. The court awards monetary sanctions in the amount requested against Plaintiff and her counsel, jointly and severally, which are ...

Excerpt: ... Proceedings Pending Bankruptcy is DENIED. Background Plaintiff Cathay Bank (“Plaintiff”) alleges that Plaintiff (1) extended a $4,000,000.00 revolving line of credit to Defendant Schaefer Ambulance Service, Inc. (“Schaefer”) on or around May 18, 2018 (”Loan #1”), (2) provided a $91,488.00 loan to Schaefer on or around September 14, 2015 (“Loan #2”), (3) provided a non-revolving $1,000,000.00 loan to Schaefer on or around May 18, ...

Excerpt: ...Z'S RESPONSES TO FORM INTERROGATORIES, SET ONE Responding Party: None (unopposed, as of 4/12/19, 4:04 p.m.; due 4/10/19) 3. Plaintiff/Cross-Defendant Barbara A. Contreras' MOTION TO COMPEL DEFENDANT ARMANDO R. JIMENEZ'S RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE Responding Party: None (unopposed, as of 4/12/19, 4:04 p.m.; due 4/10/19) 4. Plaintiff/Cross-Defendant Barbara A. Contreras' MOTION TO DEEM ADMITTED THE TRUTH OF THE MATTER...

Excerpt: ...aw Office of Suzanne Goulding, APC's Demurrer to Plaintiffs' Complaint is OVERRULED. Background Plaintiffs Jose de Jesus Negrete, Jose de Jesus Larios Perez, Ignacio Larios Perez, Carlos Antonio Larios Perez and Maria Magdalena Gutierrez (“Plaintiffs”) allege that Defendants Suzanne Goulding and Law Office of Suzanne F. Goulding, APC (collectively, “Defendants”) failed to file a medical malpractice case prior to the expiration of the appl...

Excerpt: ...T Responding Party: Plaintiff Pomona Valley Hospital Medical Center Tentative Ruling 1. Plaintiff Pomona Valley Hospital Medical Center's Motion to Compel Compliance with Agreement to Produce Documents Re: RFP No. 13.1 is ruled on as set forth below. 2. Defendant Kaiser Foundation Health Plan, Inc.'s Motion for Entry of Judgment is DENIED. Background This is a dispute about how much Plaintiff Pomona Valley Hospital Medical Center (“Plaintiff”...

Excerpt: ...6.65 against Defendant, which are payable within 30 calendar days of the date of the hearing. Background This is an unlawful detainer action involving the premises located at 15301 Gale Avenue, City of Industry, CA 91745. On May 15, 2017, Plaintiff DNA Properties, Inc. (“Plaintiff”) filed a complaint, asserting a cause of action against Defendants Alex H. Ai (“Defendant”) and Does 1- 10 for: 1. Unlawful Detainer On June 23, 2017, Defendan...

Excerpt: ... Phu Do Nguyen and Do Phu & Anh Tuan, APC, in its Entirety as Counsel for Defendant Michelle Nguyen is GRANTED. Background Plaintiffs My Le Mai and Cammie Myhieu Phan (“Plaintiffs”) allege that Defendant Michelle Nguyen (“Defendant”) refuses to pay back monies Plaintiffs loaned to her. On November 3, 2017, Plaintiffs filed a complaint against Defendant and Does 1-10 for: 1. Fraud 2. Conversion 3. Unjust Enrichment 4. Money Had and Receive...

Excerpt: ..., and will require an offer of proof if so. Background Plaintiff Ruth Chiron (“Plaintiff”) alleges that the 2013 Hyundai Elantra, VIN 5NPDH4AE2D199444 (“subject vehicle”) she purchased from Glendora Hyundai is defective. On November 28, 2018, Plaintiff filed a complaint, asserting causes of action against Defendants Hyundai Motor America, Glendora Hyundai and Does 1-20 for: 1. Breach of Implied Warranty Merchantability Under the Song-Beve...

Excerpt: ... Background This action arises from damages allegedly caused to Plaintiff NBL Investments, LLC's (“Plaintiff”) real property located at 1706 South Conlon Avenue in West Covina, California 91790 (“subject property”), arising from a prepurchase inspection. On January 5, 2018, Plaintiff filed a complaint, asserting causes of action against Defendants Paolo Linao, Christiane Linao (collectively, “The Linaos”), Carlos Gallegos (“Gallegos...

Excerpt: ... East Algrove Street, Covina, California, 91723 “subject property”). On July 19, 2018, Plaintiff Errol Daly (“Plaintiff”) filed a complaint, asserting causes of action against Defendant Steven Petre (“Petre”) and Does 1-25 for: 1. Common Counts 2. Fraud A Case Management Conference is set for April 16, 2019. Legal Standard The party petitioning to compel arbitration under written arbitration agreement “bears the burden of proving th...

Excerpt: ... Shang-Jung Yang's Motion for Order Striking Answer of Impax, Inc. is GRANTED. 2. Plaintiff Dr. Shang-Jung Yang's Motion for Order Striking Answer of Defendant Raymond Chihwei Li is GRANTED. The court orders the answer filed August 7, 2017 stricken as to Li. Background Plaintiff Shang-Jung Yang (“Plaintiff”) alleges that on or about January 13, 2017, Defendants Raymond Chihwei Li (“Li”), Gary Lin (“Lin”), and Impax, Inc. (“Impax”)...

Excerpt: ...roduction of Documents is DENIED. Plaintiff's request for sanctions is declined. The court grants EM8's request for sanctions in the reduced amount of $500.00. Background Plaintiffs Jun Zhou and Yijuan Huang (“Plaintiffs”) are Chinese residents. Plaintiffs decided to look into the California real estate investment market, with the intention of locating an upscale residential property, purchasing same and then either living in it or leasing it...

Excerpt: ...arbitration provisions. The case was not filed as a civil complaint. For reasons that are not clear, Plaintiff obtained an STCV case number, which is appropriate for a complaint but not for a petition. Petitions are given STCP numbers, as opposed to STCV numbers. Because the substance of the parties' dispute is not at issue in this action, the Court vacates the final status conference and trial dates, and no FSC or trial is necessary in connectio...

Excerpt: ... to injury to have remedied it. Cal. Gov. Code § 835 The undisputed facts establish the following: Plaintiff submitted three claims for injury arising from an incident that occurred on 12/23/16. UF 1. The first claim alleged that Plaintiff fell “at or near” 13746 Hawthorne Boulevard. UF 2. The second claim asserted that Plaintiff fell over a broken curb near the corner of 138 th Street and Hawthorne Boulevard. UF 3. The third claim asserted ...

Excerpt: ...0056000300 001c000f000300140013>:55 a.m.; due 3/28/19) Tentative Ruling 1. Cross-Defendants Nationwide Business Capital, Inc.'s, Jim Bowles' and Jeanette Bowles' Demurrer to Cross-Complaint is SUSTAINED in part (i.e., as to Jeanette and the third cause of action), OVERRULED in part (i.e., as to Jim and the third cause of action), TAKEN OFF-CALENDAR in part (i.e., as to Jeanette and the fourth cause of action) and MOOT in part (i.e., as to Nationw...

Excerpt: ...lupe Arechiga, et al.'s Motion to Consolidate Related Cases is DENIED. Background Case No. KC070323 Plaintiffs Ma Guadalupe Arechiga, Camila Bojorquez, Ismael Bojorquez, Ismael Bojorquez Melendrez, Leobardo R. Bravo, Yolanda Bravo, Isidro Caldera, Maria Caldera, David Cigarroa, Patricia Cuevas, Alfredo Escobedo, Alfredo Escobedo Murillo, Angel Fabre Aguillon, Nicolas Fierros, Yolanda Garcia, Diego Garcia Hernandez, Rigoberto Garcia Virrey, Isidro...

Excerpt: ...arbitration provisions. The case was not filed as a civil complaint. For reasons that are not clear, Plaintiff obtained an STCV case number, which is appropriate for a complaint but not for a petition. Petitions are given STCP numbers, as opposed to STCV numbers. Because the substance of the parties' dispute is not at issue in this action, the Court vacates the final status conference and trial dates, and no FSC or trial is necessary in connectio...

Excerpt: ...iary Sanctions is DENIED. Plaintiff is ordered to provide further responses to Form Interrogatories Nos. 8.4, 8.6, 8.7 and 8.8, Special Interrogatories Nos. 8, 38 and 39 and Demand for Production No. 28 within 10 calendar days of the date of the hearing. The court awards monetary sanctions in the amount requested against Plaintiff and her counsel, jointly and severally, which are payable within 30 calendar days of the date of the hearing. Backgro...

Excerpt: ...ance with Agreement to Produce Documents Re: RFP No. 13.1 is ruled on as set forth below. Background This is a dispute about how much Plaintiff Pomona Valley Hospital Medical Center (“Plaintiff”) should be paid for emergency medical services Plaintiff provided to members of Kaiser Foundation Health Plan, Inc. (“KFHP”) from October 1, 2017-December 31, 2017. On April 9, 2018, Kaiser Permanente Insurance Company (“KPIC”), Kaiser Foundat...

Excerpt: ...Road in Glendora, CA 91741 (“subject property”). On October 31, 2018, Barret, Dappin, Frappier, Treder, & Weiss, LLP (“Barret”) filed a Declaration of Non-Monetary Status. On November 2, 2018, Plaintiffs filed an Amendment to Complaint, correcting the name of U.S. Bancorp dba U.S. Bank, N.A., as Trustee for Adjustable Rate Mortgage-Backed Pass-Through Certificates, Series 2006-2 to U.S. Bancorp dba U.S. Bank, National Association as Trust...

Excerpt: ...laintiffs”) are Chinese residents. Plaintiffs decided to look into the California real estate investment market, with the intention of locating an upscale residential property, purchasing same and then either living in it or leasing it. Plaintiffs allege that they entered into an oral contract with Tony Xz Yu (“Yu”) wherein Yu would locate a suitable property, negotiate on their behalf and then arrange the paperwork for the purchase of same...

Excerpt: ...nager Team Leader for Defendant Community Bank (“CB”). CB's Senior Vice President, Wanda Jones (“Jones”), is female and African-American. Plaintiff claims that Jones did not like that Plaintiff was “thriving” within CB and making more money than her and so, with the assistance of a departing colleague, concocted a scheme to terminate his employment based on false claims of sexual harassment. Plaintiff further claims that he was defame...

Excerpt: ...4, 15, and 21 and Form Interrogatory No. 17.1 [i.e., as it relates to Requests for Admissions Nos. 14, 15 and 21], is MOOT in part (i.e., as to Requests for Production of Documents Nos. 5, 6 and 10) and is otherwise DENIED. Sanctions awarded to SLS and against Plaintiffs and their counsel of record, jointly and severally, in the reduced amount of $2,280.00. Background Plaintiffs David Ladewig and Angela Ladewig (“Plaintiffs”) allege that Defe...

Excerpt: ...t is SUSTAINED in part (i.e., as to the fourth cause of action) and OVERRULED in part (i.e., as to the third and fifth causes of action). 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 Abelina Gonzalez (“Abelina”), Jose Raul Gonzalez, Maria Rosaura Gonzalez, Luis Antonio Gonzalez and Francisco Javier Gonzalez, heirs to Vicente Gonzalez ...

Excerpt: ...ctober 1, 2011, Felipe went to a 76 gas station to have a propane tank filled and sustained serious personal injuries caused by a propane fire. On March 19, 2013, Plaintiffs filed a complaint, asserting causes of action for: 1. Negligence 2. Loss of Consortium On September 14, 2016, ConocoPhillips Company (“ConocoPhillips”) and Phillips 66 Company, individually and as assignee of ConocoPhillips Company (“Phillips 66”) filed their cross-co...

Excerpt: ...EFENDANTS DARIOUSH SOHEILI AKA DARIO SOHEILI, INDIVIDUALLY AND DBA SOCAL EQUIPMENT & SERVICES' ANSWER[2] Responding Party: None (unopposed, as of 3/20/19, 3:50 p.m.; due 3/19/19) Tentative Ruling 1. Plaintiff New Geo's APW, Inc.'s Motion to Deem Admitted Requests for Admission; Compel Responses without Objection to Special Interrogatories; Form Interrogatories and Demand for Production of Documents is MOOT. Defendant is ordered to pay sanctions i...

Excerpt: ...LLC's unopposed Motion for Sanctions is DENIED. Background Case No. KC069860 This is a wrongful foreclosure lawsuit involving plaintiff Kevin Stillman's (“Plaintiff”) property located at 703 Avenida Bernardo in San Dimas (the “Premises”). On March 15, 2018, Plaintiff filed a First Amended Complaint, filed 3/15/18, asserting causes of action against Defendants Golden Empire Mortgage, Inc. (“GEM”), Carrington Mortgage Services, LLC (“...

Excerpt: ...o. Background Plaintiff Gray, Salt & Associates, LLP (“Plaintiff”), a CPA firm, alleges that Plaintiff entered into a written contract with RTB Global, Inc. dba CloudNine RealTime (“CloudNine”) on or about July 27, 2017, wherein CloudNine agreed to provide certain computer software programs and applications to Plaintiff in exchange for payment. Plaintiff alleges that Defendants breached the contract and were not competent to provide the p...

Excerpt: ...onsisting of approximately 65 acres of undeveloped land in the City of Irwindale (“City”). On August 26, 2013, Plaintiff USA Waste of California, Inc. (“Plaintiff”) filed a complaint. On October 15, 2013, this case was deemed related to case number KC066049, Irwindale Partners L.P. v. USA Waste of California, et al. The First Amended Complaint was filed February 13, 2014. On August 30, 2016, Dispatch Transportation, LLC dba Windrow Earth ...

Excerpt: ...for Verification of Written Response is DENIED. The court declines Plaintiff's request for sanctions. Background Plaintiff Kaicap Technology, Inc. (“Plaintiff”) alleges that commencing in or about May 2014 and continuing through January 2018, Plaintiff entered into a course of dealing with Defendant Manufacture Resource Products, Inc. (“MRP”) under which MRP ordered bulk quantities of audio-visual cables from Plaintiff. Plaintiff alleges ...

Excerpt: ...Tuan, APC, in its Entirety as Counsel for Defendant Michelle Nguyen is GRANTED. Background Plaintiffs My Le Mai and Cammie Myhieu Phan (“Plaintiffs”) allege that Defendant Michelle Nguyen (“Defendant”) refuses to pay back monies Plaintiffs loaned to her. On November 3, 2017, Plaintiffs filed a complaint against Defendant and Does 1-10 for: 1. Fraud 2. Conversion 3. Unjust Enrichment 4. Money Had and Received On February 19, 2019, Defendan...

Excerpt: ...c's Lien is GRANTED. The court orders that the subject property be released from Respondents' lien recorded October 3, 2018 in the Office of the County Recorder of Los Angeles County as Instrument No. 2018‐1009957. The court also determines that Petitioner is entitled to attorney's fees under Civil Code § 8488(c) in the amount requested. Background Petitioner Carol Broadwell, Individually and as Trustee of the Zwahlen Family Trust dated August...

Excerpt: ...etrics & Gynecology Medical Associates, Inc.'s Motion to Compel Compliance with Commitment to Produce is TAKEN OFF‐CALENDAR as MOOT in part (i.e., as to CVHP) and GRANTED in part (i.e., as to CVPP). The court orders CVPP to produce all documents consistent with its commitment to produce within 15 calendar days. The court further orders CVHP and CVPP to each pay sanctions of $1,080.00, payable within 30 calendar days. Background Plaintiff Citrus...

Excerpt: ...0 Sales Co. (“Plaintiff”) alleges that Defendants Twen Ma (“Ma”) and TMSM Investment Corporation dba Twen Ma Architects (erroneously sued and served as TMSM Investment Corporation [“TMSMIC”] and Twen Ma Architects [“Architects”]) (collectively, “Defendants”) were paid more than $123,500.00 on a contract of $190,000.00 to design and obtain permits to build a warehouse located in Montclair. Plaintiff alleges that Defendants kept...

Excerpt: ...ELY, MOTION FOR SUMMARY ADJUDICATION Responding Party: Plaintiff, Jiang Qi (4) Defendant New Diamond Trucking Inc.'s MOTION TO COMPEL DEPOSITION ATTENDANCE AND TESTIMONY OF PLAINTIFF JIANG QI AND REQUEST FOR SANCTIONS Responding Party: Plaintiff, Jiang Qi Tentative Ruling (1) Defendant Tom Zhang's Motion for Summary Judgment, or Alternatively, Motion for Summary Adjudication is DENIED in its entirety. (2) Defendant Yidan Zhang's Motion for Summar...

Excerpt: ...ha R. Parrish Family Trust Dated September 28, 1992 and Jennifer Parrish's, as trustee of the Marsha R. Parrish Family Trust Dated September 28, 1992 Petition to Release Property from Mechanic's Lien is DENIED without prejudice. Background Plaintiffs Jeffrey Parrish, as trustee of the Marsha R. Parrish Family Trust Dated September 28, 1992 and Jennifer Parrish, as trustee of the Marsha R. Parrish Family Trust Dated September 28, 1992 (“Plaintif...

Excerpt: ...The Order to Show Cause Re: Preliminary Injunction is DENIED. The temporary restraining order issued on February 15, 2019 is ordered dissolved. Background Plaintiff Virginia Murguia (“Plaintiff”) is the 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. Plai...

Excerpt: ...fendant's Answer and Entering Default is GRANTED. Defendant Amico Power Corporation aka Amico's answer deemed filed on June 8, 2018 is ordered stricken. The court declines to impose monetary sanctions. Background Plaintiff Creditor's Adjustment Bureau (“Plaintiff”) is a collection agency assigned this matter by Taizou Ansen Electric Co. (“Assignor”). Plaintiff alleges that its Assignor sold and delivered goods/wares and/or rendered work, ...

Excerpt: ...ff 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 Jose Estrada (“Plaintiffs”) alleges that on or about December 6, 2016, Plaintiff entered into a mortgage loan with Defendant Civic Financial Services, LLC (“Civic”), which was secured by a trust deed on Plaintiff's residential property located at 20909 Ambushers Street, Diamond Bar, CA 91765. Pla...

Excerpt: ...ndant Richard John Hernandez aka Richard Hernandez aka Ricky Hernandez Nunc Pro Tunc and for Entry of Default is GRANTED, to the extent that the dismissal previously entered by the court as to Hernandez is vacated nunc pro tunc as of October 24, 2018. Background Plaintiff John Rosenfeld (“Plaintiff”) alleges that, during the period from August 2015 to December 2016, he made loans to Richard John Hernandez aka Richard Hernandez aka Ricky Herna...

Excerpt: ...ssession Against <00550003002c0051005200 00580051004a00440003>Individually and dba Spirit Lane is CONTINUED to March 21, 2019. Plaintiff is instructed to file and serve a declaration substantiating the current market value of Collateral #1-#3 at least 10 days before the continued hearing date. Background Plaintiff Geneva Capital, LLC (“Plaintiff”) alleges that on or about April 2, 2014, Plaintiff entered into a written Master Equipment Lease ...

Excerpt: ...unsel 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 Christine Macias' Demurrer to Plaintiff's 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 Kirk Tahmizian (“Plaintiff”) alleges ...

Excerpt: ...c. (“Plaintiff”), a collections agency, alleges that it was assigned various claims from Shijiazhaung Qianxiang Trading Co. Ltd. and Chijnatex LTH Co. Ltd. On December 20, 2018, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Defendants MK International Group, Yan Zhang aka Zhang Yan aka <004a000f0003002b005200 004e00440003002b0052[ng M. Dai aka William Dai, Margaret Lo aka Margaret Y. Lo aka Margaret...

Excerpt: ...third, fourth and fifth causes of action). Defendant Alan Lin's Demurrer to Plaintiff's Verified First Amended Complaint is SUSTAINED in part (i.e., as to the first, third, fourth, fifth and sixth causes of action) and OVERRULED in part (i.e., as to the second 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. Bac...

Excerpt: ...O PETITIONER'S PETITION FOR INJUNCTIVE RELIEF PURSUANT TO CIVIL CODE SECTION 798.88 <0003002600440053004c00 00470045004400030036[anta Fe Mobile Park Tentative Ruling Respondents Pedro Marcelino's, Silvia Serrano's, Juan Carlos Gonzalez's, Maria Zaragoza's, Jose Antonio Serrano's, Candelaria Lopez-Garcia's, Petra Perez's, Alfredo Escobedo's, Rigoberto Garcia's, Angel Fabre-Aguillon's, David Cigarroa's, Kevin Sanders', Leobardo Bravo's, Yolanda Bra...

Excerpt: ...endant”) holds himself out as the owner of a “full service marketing company focusing on lead generation strategies,” and purports to dba AutoTel Group. Plaintiff alleges that, in or about mid-2017, Plaintiff entered into an oral agreement with Defendant wherein Defendant agreed to provide legally obtained, viable sales leads to Plaintiff in exchange for payment by Plaintiff of $28.00 for each live transfer which resulted in a minimum call ...

Excerpt: ...ndant Shu Wang's Demurrer to Plaintiffs' Complaint is SUSTAINED. The court will hear from 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. 2. Defendant Shu Wang's Motion to Strike Punitive Damages from Plaintiffs' Complaint is MOOT in part (i.e., as it pertains to the second and sixth causes of action) and otherwise GRANTED. Background This matter arises out of Def...