Excerpt: ... Plaintiff Helen Lin Huang (“Plaintiff”) moves for an order to compel further responses from Defendant Tesla, Inc. (“Tesla”) to Plaintiff's request for production, set one, and special interrogatories, set one. Plaintiff alleges that her 2018 Tesla Model X suffers from sudden unintended acceleration. Plaintiff alleges that the vehicle contains defects, including the accelerator control system and Automated Emergency Braking. CCP § 2031.3...

Excerpt: ... NOTICE. III. Defendants Vincent and Michelle Torres's motion for order to remove mechanic's lien is GRANTED. Moving Parties to give NOTICE. I-II. Demurrer and Motion to Strike Defendants Vincent and Michelle Torres demur to the complaint on the ground that it fails to state facts sufficient to constitute causes of action. This action was filed by Plaintiff Waddle on 12/10/19, alleging claims for Breach of Contract and Foreclosure of Mechanic's L...

Excerpt: ... against Defendants Kejia Zhang (“Zhang”) and Xiuju Zhou (“Zhou”) (collectively “Defendants”), asserting causes of action for motor vehicle and general negligence. Plaintiff's claims arise out of an alleged automobile accident that occurred on August 5, 2017.Plaintiff alleges that Zhang was driving the vehicle involved in the accident, and that Zhou owned the vehicle. Plaintiff alleges that Defendants negligently owned, operated, main...

Excerpt: ...“Plaintiff”). Defendant Lifetime Solutions Inc. (“Defendant”) installed and serviced the water softening and filtration system that caused the leak. Plaintiff lived at his home with other family members: (1) his wife Teresa Soria (“Teresa”)[1]; (2) his adult son Anthony Soria (“Anthony”); and (3) his adult daughter Andrea Soria (“Andrea”). On February 5, 2019, Plaintiff filed the operative complaint asserting a sole claim of n...

Excerpt: ...ntered into a promissory note with Defendant Joe Gomez (“Gomez”) on August 27, 2015 whereby Plaintiff loaned Gomez a sum of $250,000 to be used by Gomez to finance his various business ventures and Gomez promised to repay the note on or before October 1, 2015. As security for the note, Gomez pledged all of his nightclub trade fixtures and equipment. Gomez breached the note by failing to repay the loan by October 1, 2015 and failing to deliver...

Excerpt: ..., Trustees of the Di Peppino Living Trust Dated May 23, 2017, is GRANTED with 30 days leave to amend. Moving Parties to give NOTICE. Defendants' request for judicial notice is granted as to the existence of the documents but not as to any hearsay statements contained therein. (Evid. Code §452.) Defendants demur to the First Amended Complaint's first and third causes of action on grounds that they are time-barred and are insufficient to constitut...

Excerpt: ...ith Plaintiff's assignor. Plaintiff alleges Defendant defaulted on the contract by failing to make payments due and owing on September 9, 2019 and thereafter. Plaintiff now seeks to recover the outstanding balance of $29,793.98 and possession of the Vehicle. On March 23, 2020, Plaintiff filed a complaint against Defendant for (1) claim and delivery of personal property and (2) money due on a contract. On July 29, 2020, Plaintiff filed an applicat...

Excerpt: ...ctual fraud was filed by Charley Johnston (in pro per) on June 21, 2018. The relevant facts, as alleged, are as follows: “Case #VC065435 came to a 3-day trial in December 2016. Judge Meyers issued a final judgment (Exhibit 2) on Sept. 7 of 2017. It clearly defines the value ($38,649.50). David Meneghini was ordered to pay to Charley Johnston to take over 100% ownership of the LLC. The final judgment also gave David Meneghini a 30-day period to ...

Excerpt: ... is GRANTED. Defendants ELITE SIDE, INC. DBA ELITE ROADSIDE ASSISTANCE and HAKEM YUSEF HASSAN and their counsel of record are ORDERED to pay sanctions in the amount of $1,500.00, jointly and severally, within twenty days from the date of this court order. Moving Party(s) to give notice. Background This is a wrongful death action arising from a motor vehicle collision. Plaintiffs Rosario Noemi Cortez Soto De Chum; Sandy Aracely Chum Cortez; Mynor ...

Excerpt: ...y notes and guaranties. On August 24, 2017, Plaintiff Transportation Alliance Bank Inc. (“Plaintiff”) and Defendant Golden Green Cargo, Inc. (“Golden Green”) entered into a promissory note (“First Note”) and business loan agreement whereby Plaintiff loaned Golden Green the principal sum of $47,180.00 with interest and Golden Green agreed to pay Plaintiff forty-seven monthly payments in the amount of $1,204.68 and an irregular payment ...

Excerpt: ...ith. The operative First Amended Complaint (“FAC”) was filed on August 22, 2019, and reiterates the same claims. Plaintiff alleges that Defendant wrongfully denied his insurance claim arising from Plaintiff's November 2, 2017, crash of his off-road vehicle. The parties agree to, and Defendants establish through evidence, the following: Plaintiff reported a claim to Defendant on November 3, 2017, relating to his crash of a 2017 Polaris RZR. (U...

Excerpt: ...lication for good faith settlement determination by Homeland Insurance Company of New York, for its insured Solar Energy Service Center Inc., and Plaintiff. Procedural History On July 30, 2018, Plaintiff Samuel Thomas (“Plaintiff”) filed an action against Defendants Greenday Finance I, LLC (“Greenday”), Solar Energy Service Center Inc. (“Solar Center”), and Sunsystem Technology, LLC (“Sunsystem”). On January 15, 2020, Plaintiff fi...

Excerpt: ...ent”) to make available to Petitioner for inspection and copying various corporate books and records, materials pertaining to corporate accounts, and records of payments as well as records pertaining to income returns and payroll taxes. Pursuant to the Petition, Petitioner “has at all relevant times herein served as a duly elected member of the Board of Directors, as Chief Financial Officer, and holder of 5000 shares of Common Stock in Respon...

Excerpt: ...E. Hill, M.D. Notice: OK 1. Background Facts Plaintiff, Serena Young filed this action against Defendants, Philip E. Hill, Philip E. Hill, M.D., Inc., Long Beach Advanced Orthopedic Medical Center, Inc., and Orthoworks of Southern California, LLC for breach of contract, breach of implied-in-fact contract, fraud by concealment, breach of fiduciary duty, involuntary dissolution of corporation accounting, and conspiracy. The crux of the complaint, w...

Excerpt: ...thin 30 days of service of the court's order. Defendant to give NOTICE. Procedural History On May 1, 2018, Plaintiff Rocio Devora (“Plaintiff”) filed an action for premises liability and negligence against Defendant Costco Wholesale Corporation (“Defendant”). Plaintiff alleges that on August 7, 2016, she slipped and fell on Defendant's premises located at 340 Civic Way, Lakewood, California 90712. The parties had a discovery dispute, caus...

Excerpt: ...th Amended Privilege Log within 30 days of service of the court's order. Defendant to give Notice. Procedural History Plaintiff Los Angeles Unified School District (“Plaintiff”) owned and operated basketball courts located at South Region High School #7, 6361 Cottage Street, Huntington Park, California 90255. Those basketball courts collapsed due to the failure of a water retention system located under the courts. Plaintiff alleges that Defen...

Excerpt: ... negligence and premises liability. Plaintiff Alejandra Reyes (“Plaintiff”) alleges that on April 17, 2016, she was a guest at a fair held by Defendant Kastl Amusements at Venn W. Furgeson Elementary School located at 22215 Elaine Ave., Hawaiian Gardens, CA 90716, which was owned by Defendant City of Hawaiian Gardens (“City”). Plaintiff alleges Defendants negligently and carelessly managed, maintained, assembled, inspected, installed, ope...

Excerpt: ...t on or about February 11, 2017, Plaintiff leased a new 2017 Jaguar XF from Defendant RP Automotive, Inc. dba Jaguar Land Rover Cerritos (“RP Automotive”). The vehicle was manufactured by Defendant Jaguar Land Rover North America, LLC (“JLRNA”). Plaintiff alleges that the vehicle contained various defects and non- conformities, including a defective engine system, engine hesitation, fuel pressure sensor failure, a crankshaft sensor replac...

Excerpt: ... regarding Form Interrogatories and GRANTED IN PART regarding Special interrogatories. (2) motion to compel further responses to Requests for Admissions, Set Three – Reservation ID 888759303677 – GRANTED. (3) motion to compel further responses to Request for Production of Documents, Set Six (“RPD”) – Reservation ID 878393860372 – GRANTED IN PART. (4) motion to compel compliance with Court's January 8, 2019 order (production of compute...

Excerpt: ...History On 3/15/19, Plaintiff Vivera Pharmaceuticals, Inc. filed a Complaint for Unlawful Detainer against Blaine Holding & Development, LLC for: 1) Forcible Entry; and 2) Forcible Detainer. [Plaintiff did not serve a prejudgment claim of right to possession on all unknown occupants as prescribed by CCP § 415.46.] On 4/26/19, Judge Escalante issued Judgment for Possession of the premises and Judgment in the sum of $52,296.12 in favor of Vivera a...

Excerpt: ... 43, 45-50, 52-70 is GRANTED. Moving Parties to give NOTICE. Defendants Staples Contract & Commercial LLC, and Mondragon move for summary adjudication pursuant to CCP § 437c. Evidentiary Objections Plaintiff's evidentiary objections are overruled. Complaint Plaintiff Semaje Millsap, a 21-year old black male, alleges that he suffers from a disability, i.e. a chronic staph infection that causes boils on his skin. In January of 2017, Plaintiff was ...

Excerpt: ...heduling conflicts, the parties may stipulate to extend the time to take Plaintiff's deposition. Defendants' request for sanctions is GRANTED. Plaintiff and her counsel of record are ORDERED to pay sanctions in the amount of $1,540.00, jointly and severally, within twenty days from the date of this court order. Moving Party to give notice. Background This is a financial elder abuse action. Plaintiff Blanca Michel alleges she was tricked by Defend...

Excerpt: ...ction on the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain pursuant to CCP § 430.10(e) and (f), respectively. Procedural History On October 30, 2019, Plaintiff Carlos Gomez (“Plaintiff”), in pro per, filed an action against Defendants Anti-Bond Salama, The Bond Family Irrevocable Trust, and 4601 and 4607 Live Oak, LLC. (hereinafter “Defendants”). The verified complaint alleges four cause...

Excerpt: ...necranes' objections to Aumais declaration are overruled. Complaint The Second Amended Complaint, filed on 6/7/18, alleges that Decedent Chad Holloway had gone up on a catwalk to repair an inoperable crane. However, Defendant Maruichi failed to provide safe access so Decedent was forced to access the crane from the rails. As a result of this dangerous condition, Decedent was crushed between the bridge and the steel pillar at the end of the rail t...

Excerpt: ...s motion compelling Plaintiff to provide verified further responses to special interrogatories, set one is GRANTED. IV. Defendant College Hospital, Inc.'s motion compelling Plaintiff to provide verified further responses to request for production of documents, set one is GRANTED. V. Defendant College Hospital, Inc.'s motion to have requests for admission deemed admitted is GRANTED in part and DENIED in part. Defendant to give NOTICE. I. Protectiv...

Excerpt: ...rk, Inc. James Grudger, Jeffrey Hill, Jeff Norton, Scott Martorano and Does 1-1000, alleging: (1) unfair business practices; (2) breach of implied warranty of merchantability, (3) breach of implies warranty of fitness for a particular purpose, (4) implied equitable indemnity, and (5) declaratory relief. On July 7, 2020, defendant Jeff Norton (Mr. Norton) specially appeared to move this court to quash service of summons and complaint directed at h...

Excerpt: ...range for deposition through remote technology. The parties shall meet and confer to determine the date and time of the deposition. Defendants' request for a court order compelling Plaintiff to produce documents is DENIED. Moving Party to give notice. Background This is a medical malpractice action. Plaintiff Henry Poe alleges he has been suffering from a throat infection since 2016 and sought treatment for the infection from Defendants in Septem...

Excerpt: ...trian collision. Petitioners Kazumasa Yamafuji and Kiyotaka Yamafuji (“Petitioners”) filed this petition against Respondent City of Lakewood (“Respondent”) on August 1, 2019, seeking relief from the filing requirements of Gov. Code § 945.4. Petitioners move under Gov. Code § 946.6(c)(1), pursuant to which [t]he court shall relieve the petitioner from the requirements of Section 945.4 if the court finds that the application to the board ...

Excerpt: ...tioner filed a complaint in the underlying action on December 28, 2016. Petitioner Tiffany Anderson (“Petitioner”) filed this petition against Respondent City of Lakewood (“Respondent”) on March 25, 2020, seeking relief from the filing requirements of Gov. Code § 945.4. Petitioner moves under Gov. Code § 946.6(c)(1), pursuant to which [t]he court shall relieve the petitioner from the requirements of Section 945.4 if the court finds that...

Excerpt: ... City Attorney of Bellflower and City of Bellflower (“City”) allege Defendant Samuel E. Bybee is the owner of real property located at 9137 Belmont Street, Bellflower, California (“Property”) and is believed to be deceased. Defendant Susan Bybee is alleged to be the sole resident/tenant of the Property. Defendants Samuel E. Bybee, Susan Bybee and David Bybee are alleged to be related to one another. According to Plaintiffs, the Property h...

Excerpt: ...rt and DENIED in part. Reduced sanctions are imposed against Defendant and counsel, jointly and severally, in the reasonable sum of $3,000.00, payable within 30 days. Moving Party to give NOTICE. I. Motion to Set Aside Plaintiff EC moves for an order pursuant to CCP § 473(b) and (d) to correct the Court's 7/23/19 Order, which does not accurately reflect the court's intention and was only signed by Plaintiff and the court as a result of Defendant...

Excerpt: ...fendant Union Pacific Railroad Company (“Union Pacific”) moves to compel further responses to discovery. The complaint alleges that on 2/9/18, Plaintiff Jesus Orlando Mejia (“Mejia”) sustained injuries when he fell from a ladder on Union Pacific's railcar while working as a trainman on 8/17/15 under the Federal Employers' Liability Act and Safety Appliance Act. CCP §§ 2030.300 and 2031.310 allow a party to file a motion compelling furth...

Excerpt: ...r alternatively, for summary adjudication pursuant to CCP § 437c. A Plaintiff has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once met, the burden then shifts to the Defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. (CCP �...

Excerpt: ...tative of the Estate of John W. Dailey filed this action against Defendants Arlo Bryan Sullivan, Vellum Financial, LLC, and Wealthsource Partners, LLC (“Defendants”) on November 30, 2018, alleging causes of action for: 1. breach of fiduciary duty; 2. common law fraud and deceit; 3. constructive fraud; 4. negligence and negligent misrepresentation; 5. California statutory securities fraud; 6. violations of Cal. Welfare & Institutions Code §§...

Excerpt: ... consent, the court may, upon the written motion of any party, or of its own motion, appoint a referee in the following cases pursuant to the provisions of subdivision (b) of Section 640… (5) When the court in any pending action determines that it is necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report findings and make a recommendation th...

Excerpt: ...ntes move to compel arbitration pursuant to CCP § 1281.2. On January 15, 2020, Plaintiff filed this action against Unified Grocers, Inc. (“UG”), Supervalu Inc., and Laura Cervantes, alleging claims for: 1. Disability Discrimination 2. Failure to Accommodate 3. Failure to engage in the interactive process 4. Age Discrimination 5. Hostile Work Environment 6. Retaliation 7. Failure to Prevent Retaliation and Discrimination 8. IIED 9. NIED 10. W...

Excerpt: ...ective order regarding Plaintiff's request for production of documents, set two propounded on Southern California Permanente Medical Group is GRANTED. IV. Defendant Golden's motion for protective order regarding Plaintiff's request for production of documents, set two propounded on Golden is GRANTED. Moving Parties to give NOTICE. I-II. Demurrer and Motion to Strike Defendants The Permanente Medical Groups, Kaiser Foundation Health Plan, Inc., Ka...

Excerpt: ...ant Auto Collision Group, Inc. (“ACG”) as a General Manager and Production Manager. Plaintiff alleges that he complained about Defendant Jorge Rico (“Defendant”), who is ACG's President, committing fraud against insurance companies including by intentionally damaging ACG's vehicles and demanding repayment from insurance companies, fraudulently charging insurance companies for replacement parts not used, and falsely claiming certain vehicl...

Excerpt: ...to the second cause of action is OVERRULED. Defendants Standing Room Bar and Grill, LLC, Auggies Bar & Grill, Scott Corbin, Aron Patel, and Arjana Patel, LLC's Motion to Strike is SUSTAINED with 15 days leave to amend. Moving Parties to give notice. Background On April 24, 2019, Plaintiff Eddie Jaime (Plaintiff) filed a complaint against Defendants Standing Room Bar and Grill, LLC, Auggies Bar & Grill, Scott Corbin, Aron Patel, and Arjana Patel, ...

Excerpt: ...fails to state sufficient facts and is barred by the economic loss rule. JUDICIAL NOTICE is taken of Defendants' exhibits. (Ev. Code 452.) Procedural History On January 17, 2019, Michelle Kim (“Michelle”) filed her complaint against several defendants, including Kyu Sang Kim (“Kyu”) and Michael Hanjoo Kim (“Michael”) (collectively, “Defendants.”) On October 3, 2019, Michelle and Dook Yun Oh (“Oh”) (collectively, “Plaintiffs�...

Excerpt: ...(“Plaintiff”) filed this action against Catalina Carpet Mills, Inc. (“Defendant”) on December 7, 2018, alleging causes of action for: 1. harassment in violation of Government Code section 12940(a), (j) & (k); 2. failure to take all reasonable steps to prevent harassment and discrimination in violation of Government Code section 12940(k); 3. tortious discharge in violation of Government Code section 12940(a); and 4. failure to pay vacation...

Excerpt: ...s, but not as to any hearsay statements contained therein. Cal. Ev. Code §452. “Although the existence of statements contained in a deposition transcript [or declaration] filed as part of the court record can be judicially noticed, their truth is not subject to judicial notice.” (Big Valley Band of Pomo Indians v. Superior Court (McAllister) (2005) 133 Cal.App.4th 1185, 1191.) Defendant/Cross-Complainant CITY OF BELLFLOWER's Request for Judi...

Excerpt: ...fails to comply with the California Rules of Court. “The Separate Statement in Opposition to Motion must be in the two-column format specified in (h). (1) Each material fact claimed by the moving party to be undisputed must be set out verbatim on the left side of the page, below which must be set out the evidence said by the moving party to establish that fact, complete with the moving party's references to exhibits. (2) On the right side of th...

Excerpt: ...e Motion for Protective Order is MOOT. CCP §1987.1 III. Plaintiffs' Motion to Quash Deposition Subpoena for Production of Kenneth Thompson's Consumer Records is GRANTED. Plaintiffs' Alternative Motion for Protective Order is MOOT. CCP §1987.1 IV. Plaintiffs' Motion to Quash Deposition Subpoena for Production of Rogelio Ocampo's Consumer Records is GRANTED. Plaintiffs' Alternative Motion for Protective Order is MOOT. CCP §1987.1 V. Plaintiffs' ...

Excerpt: ...s that Plaintiff Michael Castro was employed as a crew member-engineer of a fleet of tug boats operated by Foss Maritime Company in the ports of Long Beach and Los Angeles. Fremont Maritime Services, Inc. contracted with Foss to provide training and instruction to seamen employed by Foss. On 9/8/16, Plaintiff was participating in firefighting training at Rio Hondo College when he injured his right foot while pulling on a fire hose inside a cargo ...

Excerpt: ...D, and the Clerk will notify the parties of the continued hearing date. #8 TENTATIVE ORDER Specially-Appearing Defendant Batten-Smouse's motion to dismiss party for lack of personal jurisdiction is GRANTED. Moving Party to give NOTICE. Specially-Appearing Defendant Batten-Smouse moves to quash service for lack of personal jurisdiction. Plaintiff's First Amended Complaint alleges that Defendant Batten-Smouse committed conversion and fraud by exerc...

Excerpt: ...nd the Clerk will notify the parties of the continued hearing date. #11 TENTATIVE ORDER I. Defendant Bancor, Inc. (a California Corporation)'s demurrer to second amended complaint is STRICKEN. Defendant Bancor Inc. (a Delaware Corporation)'s demurrer is SUSTAINED without leave to amend as to the 2 nd and 4 th causes of action and SUSTAINED with 10 days leave to amend as to the 1 st, 3 rd, and 5 th – 8 th causes of action. II. Defendant Sampson'...

Excerpt: ... of this action is as follows: On July 27, 2017, ABNER MONTOYA (“Decedent”) filed an underlying action against Defendant for negligence and elder abuse/willful misconduct (Case No: BC670205). The underlying action was compelled into arbitration on November 21, 2017. (See RJN, Ex. 1.) Decedent died on August 24, 2017. On July 18, 2019, Plaintiffs, individually and/or as the personal representatives, surviving heirs and/or successors in interes...

Excerpt: ..., 2019. Plaintiffs allege that on or about July 1, 2014 and May 1, 2015, Defendants made a number of “oral promises and representations to Plaintiffs”. (FAC ¶¶5- 6.) Plaintiffs allege that they believed the truth of these misrepresentations, and in reliance upon such misrepresentations, invested $50,000.00 with Defendants. (FAC ¶8.) The FAC asserts the following causes of action: (1) Fraud; (2) Negligent Misrepresentation; (3) Breach of Co...

Excerpt: ...2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2031.310(b).) Plaintiff alleges Defendant General Motors, LLC (“GM”) violated California's Song-Beverly Consumer Warranty Act because Plaintiff's v...