Excerpt: ... However, the Court finds that those supplemental responses are not substantively different from the responses at issue. Therefore, the Motion is not rendered moot. Motion to Compel Further Responses to Request for Production of Documents “On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of...

Excerpt: ...as of August 9, 2021. Defendant's Requests for Judicial Notice are GRANTED. This action for wrongful death was filed by Plaintiff BLANCA PONCE, individually and as Successor in Interest to the Estate of Maria Dolores Rodriguez (“Plaintiff”) on February 18, 2020. The relevant facts, as alleged, are as follows: “This is a wrongful death action arising out of the death of Maria Dolores Rodriguez (aka DOLORES, Ms. RODRGUEZ, and/or Decedent) on ...

Excerpt: ...CO 2010-5, LLC, and Art Mortgage Borrower OPCO 2010-5, LLC (collectively “Americold”) move for judgment on the pleadings on the 1 st – 5th and 7 th – 8 th causes of action. Defendants' request for judicial notice is GRANTED. (Ev. Code § 452(h).) While this court does not normally take judicial notice of private contracts, Plaintiff does not object to the Request for Judicial Notice, and does not dispute the accuracy of the terms containe...

Excerpt: ... to Request for Admissions (set one) is DENIED. Opposing Party to give Notice. No Replies filed as of July 27, 2021. Trial is set for August 12, 2021. Motion to Compel Further Responses to Form Interrogatories (set one) and Special Interrogatories (set one) “If the propounding party, on receipt of a response to interrogatories, deems that (1) an answer to a particular interrogatory is…incomplete…or (3) an objection to an interrogatory is wi...

Excerpt: ... Health Hospital – Whittier…. [¶] Plaintiffs further allege that defendants, PIH Health Hospital – Whittier… negligently selected and/or retained medical staff at their respective medical facilities, thereby failing to ensue [sic] the competence of the physicians or nurses who treated him. Plaintiffs further allege that each of them, led plaintiff to believe that the persons who rendered medical care to her at PIH Health Hospital -Whitti...

Excerpt: ...ldren, grandchildren, and children-in-law of Decedent BOKSOON JUNG (“Decedent”). Plaintiffs allege, in relevant part, “Decedent… passed away on August 1, 2017. Prior to her death [D]ecedent had made a wish that she was shrouded and there be an open casket at the funeral.” (Complaint ¶7). “Upon Plaintiffs arrival, on August 4, 2017, a day before the funeral, they noticed that [the] individual in the casket did not look like [Decedent]...

Excerpt: ... § 437c. Objections District's evidentiary objections are overruled. Standard A defendant moving for summary judgment/adjudication has met its burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one o...

Excerpt: ...for Judicial Notice is GRANTED. (Ev. Code § 452.) Plaintiff Stephanie Roldan's claims are based on violations of the Song-Beverly Act (or “lemon law” statute) by Defendant American Honda Motor Company for its failure to repair Plaintiff's 2018 Honda Civic. The First Amended Complaint (“FAC”) asserts causes of action for: 1. Violation of CC § 1793.2(d) 2. Violation of CC § 1793.2(b) 3. Violation of CC § 1793.2(a)(3) 4. Breach of Expres...

Excerpt: ...otice is GRANTED. Cal. Ev. Code §452. Plaintiff LOS ANGELES UNIFIED SCHOOL DISTRICT's Request for Judicial Notice is GRANTED. Cal. Ev. Code §452. This action for negligence was filed by Plaintiff LOS ANGELES UNIFIED SCHOOL DISTRICT (“LAUSD”) on December 28, 2018. On August 25, 2020, this Court granted LAUSD's Motion for Leave to File a First Amended Complaint—LAUSD was granted leave to add three new causes of action against Defendant/Cros...

Excerpt: ...t American Contractors Indemnity Company moves to set aside default pursuant to CCP § 473 and the court's equitable powers. “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answe...

Excerpt: ...Screamline Investment Corporation's motion to compel further responses to form interrogatories general (set one) and UD (set one) is GRANTED in part. No sanctions. I. Defendant Screamline Investment Corporation's motion to compel further responses to request for production of documents, a privilege log, further production of documents and request for sanctions is GRANTED in part. No sanctions. Plaintiff to give NOTICE. I. Taricco's Motion Plainti...

Excerpt: ...tice is GRANTED. Cal. Ev. Code §452. As a procedural matter, the Court notes that the moving parties on the subject Demurrer and Motion to Strike are Defendants DHANI, INC.; WYNDHAM HOTEL GROUP, LLC; and DAYS INN WORLDWIDE, INC. However, Defendants WYNDHAM HOTEL GROUP, LLC and DAYS INN WORLDWIDE, INC. were dismissed without prejudice from this action on October 13, 2020. Therefore, the only remaining moving party is Defendant DHANI, INC. This pe...

Excerpt: ...e Guitron, and Emma Guitron moves to set aside default pursuant to the court's inherent equitable powers. Plaintiff's Complaint alleges that on 12/7/15, Plaintiff Garcia purchased a vehicle from Defendants Guitron Auto Sales, J. Guitron, and E. Guitron. On 11/30/16, Plaintiff Calderon also purchased a vehicle from Defendants Guitron Auto Sales, J. Guitron, and E. Guitron. On 12/1/16, both Plaintiffs took their vehicle to the establishment for ser...

Excerpt: ...”) was filed. The FAC alleges, in pertinent part, “Plaintiff and Defendants were former joint owners of a business named American K & K, Inc. On or about April 20, 2014, Plaintiff and Defendants agreed to part ways and memorialized their intention in a written Stock Buyout Agreement. In exchange for the return of all of Plaintiff's shares in American K & K, Inc., Defendants agreed to repay the $220,000.00 invested by Plaintiff back to him.”...

Excerpt: ...s objections to Norton declaration are overruled, and objections to Prochnow declaration are sustained. In deciding whether to issue a preliminary injunction, a trial court weighs two interrelated factors: the likelihood the moving party ultimately will prevail on the merits, and the relative interim harm to the parties from the issuance or nonissuance of the injunction. A trial court may not grant a preliminary injunction, regardless of the bala...

Excerpt: ...um of $2,000.00, payable within 30 days. II. Plaintiff Ross's motion to increase number of hours for deposition of Defendant Matthew Wilson is GRANTED in part. Moving Party to give NOTICE. I. PMK Deposition Plaintiff Ross moves to compel Defendant Nodbeh Enterprises, Inc.'s PMK pursuant to CCP § 2025.450. “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a perso...

Excerpt: ...urden of showing that the action falls within the class of suits subject to the special motion to strike. (Matson v. Dvorak (1995) 40 Cal.App.4th 539, 548; Dixon v. Superior Court (1994) 30 Cal.App.4th 733, 742; Wilcox v. Superior Court (1994) 17 Cal.App.4th 809, 819.) A defendant may meet this burden by showing that the act which forms the basis for the plaintiff's suit was (1) any written or oral statement made before a legislative, executive o...

Excerpt: ...JPMORGAN CHASE BANK, N.A.'s Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED with 15 days leave to amend in part, and MOOT in part. Moving Party(s) to give Notice. This action for quiet title was filed on November 25, 2019. The operative Second Amended Complaint (“SAC”) asserts the following causes of action: (1) Unfair Competition (Viol. Of Cal. Civ. Code §17200 et seq.); (2) Violation of the Homeowners Bill of Rights (Viol. Of...

Excerpt: ...KUI JIANG and MINGHUI TANG (“Plaintiffs”) on August 20, 2020. On February 18, 2021, the operative Second Amended Complaint (“SAC”) was filed. Plaintiffs allege that Defendants improperly withheld taxes and penalties from the proceeds of sales of Plaintiffs' real property, and failed to properly withhold taxes under FIRPTA. (see SAC ¶¶13-19.) Defendants LUCKY PROPERTY, INC. and SHIANG YU CHOU (“Defendants”) demur to the third, fifth,...

Excerpt: ...ves to compel further responses to requests for production pursuant to CCP § 2031.310. CCP § 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 seeks Defendant's surveillance e...

Excerpt: ...purposes with the related wrongful death action (VC066608) (“wrongful death action”). In the wrongful death action, the nominal defendants included Helena Kimble, Sabrina Gibson, and Montoria Gibson. On February 4, 2018, Helena Kimble filed her Answer in the wrongful death action. On November 29, 2018, Helena Kimble was formally included as a plaintiff. The Moving Parties herein—Sabrina Gibson and Montoria Gibson— have not appeared in the...

Excerpt: ...ed Complaint without leave to amend. Crime Stoppers argues that Plaintiff became aware of the following new facts relevant to his punitive damages allegations after the March 11, 2021 Order was issued:  Defendant JULIO PERALTA was unlicensed on the date of the Subject Incident; and  Before the date of the Subject Incident, the owner of Crime Stoppers loaned his private patrol operator license to someone who did not have a license “so that...

Excerpt: ...P § 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 that her 2018 Honda Accord suffers from widespread defects including an electrical defect, and Defendant refused t...

Excerpt: ...717. In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. (CC §...

Excerpt: ... to all three Motions, the Court finds that Plaintiff has submitted meet and confer declarations in substantial compliance with CCP §2016.040. Motion to Compel Further Responses to Requests for Production of Documents: “On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following appl...