Excerpt: ...and are uncertain. Plaintiff Royal Paper Corp.'s Complaint alleges that Defendant Tim Morgan is the owner and founder of Defendant International Sourcing Group. Defendants were the agents and alter egos of the other Defendants. (Complaint, ¶ 6.) On June 1, 2020, Plaintiff prepared a written agreement, titled Purchase Order 9150562 for gloves. (Id., ¶ 13.) Plaintiff discovered in August, 2021 that its payments were “stuck in China.” (Id., ¶...

Excerpt: ... Complaint (“FAC”) was filed. The FAC alleges, in pertinent part that, “[u]p through the middle of 1995, Edward and Delfina Garcia and Michael Sanchez were the owners of the residential real property commonly known as 5021 Harbor Street, Commerce, California (the ‘5021 Property'). In the middle of 1995, Defendant Richard Sanchez went to the Garcias and Plaintiff to borrow a loan against the 5021 Property to take cash out to assist Richard...

Excerpt: ...ebruary 3, 2020 to reconfirm Telephone Conversation between Joo Hwan Kim and Jong H. Choi; and (2) Invoice of transaction of January 2020 ($19,500.00) issued by Joo Hwan Kim individually upon agreement and directly shipped to Jong H. Choi. These documents are not judicially noticeable. (See Cal. Ev. Code §452.) Plaintiff's Request for Judicial Notice is GRANTED as to the Business Search of Sekero International, Inc. (Cal. Ev. Code §452.) This a...

Excerpt: ...hat Defendant KARLA GABRIELA TIRADO RIVERA (“Tirado”) is an individual doing business in the City of Bell, in the State of California. (FAC ¶2.) Plaintiff alleges that “[o]n or about 2010, Defendant Tirado approached Plaintiff and told him that she was the owner of the rights to two transportation routes in Mexico in which she operated mini-buses that transported individuals who paid fares. Defendant Tirado explained that she was the exclu...

Excerpt: ...RANTED. (Cal. Ev. Code §452.) Objections to the Declaration of Jacqueline Lee are OVERRULED. Defendant may meet its initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement bearing the opposing party's signature. “[A]s a preliminary matter the [trial] court is only required to make a finding of the agreement's existence, not an evidentiary determination of its validity. [Citations Omitted.]” (Espejo v...

Excerpt: ... (Cal. Ev. Code §452.) Objections to the Declaration of Ryan Marden are OVERRULED. Defendant may meet its initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement bearing the opposing party's signature. “[A]s a preliminary matter the [trial] court is only required to make a finding of the agreement's existence, not an evidentiary determination of its validity. [Citations Omitted.]” (Espejo v. Southern...

Excerpt: ... Honda Motor Co., Inc. (“Honda”) demurs to the 3 rd cause of action on the ground that it fails to state facts sufficient to constitute a cause of action, and is barred by the Economic Loss Rule. Plaintiff's RJN is granted. Plaintiff Rocio Perez alleges that on October 12, 2019, Plaintiff purchased a 2019 Honda Accord, which contained express and implied warranties made by Defendant. (Complaint, ¶ 7.) The vehicle contained a defective comput...

Excerpt: ...ion. Moving Parties to give NOTICE. Defendants Fay Servicing, LLC and US Bank National Association demur to the 1st – 10thc causes of action on the ground that they fail to state facts sufficient to constitute causes of action. This is a wrongful foreclosure action filed by Plaintiffs Rigoberto and Yaneth Vallodolid. Plaintiffs allege that they obtained a mortage loan on March 19, 2008. (Complaint, ¶ 10.) On April 11, 2022, a Notice of Default...

Excerpt: ...nt to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to o...

Excerpt: ... The relevant facts, as alleged, are as follows: “Plaintiff… because [sic] fee simple owner of the subject property located at 201 Reposado Drive, La Habra Heights, CA 90631 (‘Subject Property') by virtue of the grant deed recorded 9/21/21 bearing instrument number 20211438000…. Subsequently thereto, she agreed to rent the property to [Defendant], whereby [Defendant] agreed to make the monthly mortgage payments and to purchase the subject...

Excerpt: ...th 10 days leave to amend as to the 4 th – 5th and 7 th ‐ 8 th causes of action against the remaining Defendants, and as to 6 th, 9 th, and 12 th causes of action against all Defendants. The demurrer is OVERRULED as to the 4 th cause of action against the remaining Defendants. II. Defendants M. Patel, Gavini, R. Patel, Lee, and PGP Consulting, LLC's motion to strike is MOOT. Moving Parties to give NOTICE. I. Demurrer Defendants M. Patel, Gavi...

Excerpt: ... of lack of personal jurisdiction pursuant to CCP § 418.10. A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (CCP § 418.10(a)(1).) When a nonresident defendant challenges personal jurisdiction the burden shifts to the plaintiff ...

Excerpt: ... Moving Party to give notice. Defendant's Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This action was filed by Plaintiff EXPEDITION INDUSTRIES, INC. on May 3, 2022. On September 12, 2022, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges the following relevant facts: “Defendants sent a letter dated October 15, 2020 addressed to Plaintiff, but mailed this letter to Plaintiff's tenant located at 14561...

Excerpt: ...Indiana under the forum selection clause contained in the Forest River Limited Motorized Warranty, which accompanied the Forest River vehicle purchased by Plaintiff. Defendant maintains that Plaintiff signed a document entitled “Forest River, Inc. Customer Delivery and Warranty Registration Form” wherein he confirmed the following: “I have had the opportunity to review THE FOREST RIVER, INC. LIMITED WARRANTY….” (Evans Decl., Ex. B.) Con...

Excerpt: ...vailing party in any action on a contract where the contract specifically provides that attorney's fees and costs shall be awarded to the prevailing party. Here, it is undisputed that Judgment was entered in favor of Defendant on March 9, 2022, and it is undisputed that there is an agreement between the parties establishing Defendant's entitlement to attorney's fees as the prevailing party pursuant to Cal. Civ. Code §1717. When assessing the amo...

Excerpt: ... Defendants/Cross-Complainants VICTOR M. JIMENEZ and JULIETA M. ROMERO (collectively “Defendants”) filed a Cross-Complaint seeking quiet title. Plaintiffs move for an order to continue trial and all corresponding pre-trial deadlines for six months. Trial is currently set for March 22, 2023. Plaintiffs argue that a sixth month continuance is necessary due to the substitution of new counsel for Plaintiffs on or about December 1, 2022; to permit...

Excerpt: ...��)'s Cross-Complaint pursuant to CCP § 437c. OBJECTIONS Bay Cities' Objections 1-10 are overruled. AP Express/World Pack's Objection Nos. 1-4 to Donahue Declaration are overruled. Objection Nos. 1-3 to Kirkpatrick Declaration are overruled. Objection Nos. 1-4 to Crosby Declaration are overruled. Objections to Mysliwiec's Declaration is sustained as to Nos. 1 and 3-4, and overruled as to No. 2. Complaint Bay Cities' operative First Amended Cross...

Excerpt: ...ERED to file and serve its Answer within 10 days. Plaintiffs to give NOTICE. I. Leave to Amend Plaintiffs Kelterite Corporation (“Kelterite”) and Sialic Contractors Corporation dba Shawnan move for leave to approve the already-filed Sixth Amended Complaint (“6AC”) or for leave to file a Seventh Amended Complaint (“7AC”) pursuant to CCP § 473. “A court may, in furtherance of justice, and on such terms as may be proper, allow a party...

Excerpt: ...ary 19, 2023. Due by January 9, 2023. (CCP §1005(b).) Plaintiff filed this breach of warranty action on November 14, 2019, and then passed away on June 19, 2020. (McClendon Decl., Exs. B-C.) Since Plaintiff's death, Plaintiff's Counsel has made a number of appearances, and has made representations to this Court that he would try to locate a personal representative or successor-in-interest to prosecute Plaintiff's case. A Mandatory Settlement Con...

Excerpt: ... III. Defendant AMERICAN FIRST CREDIT UNION's Motion to Strike Portions of Plaintiff's First Amended Complaint is OFF‐CALENDAR. Plaintiff to give notice. No Reply filed as of January 18, 2023. The Purchase Agreement containing the subject Arbitration Clause was executed by Plaintiff and Defendant Pro X Motors, Inc., and states: “Any claim or dispute, whether in contract, tort, statute or otherwise… between you and us or our employees, agent...

Excerpt: ...ing Party to give notice. Pursuant to CCP §128(a)(3), every court has the power to provide for the orderly conduct of proceedings, including the power to stay discovery in a civil action pending outcome of a related criminal case. “Courts recognize the dilemma faced by a Defendant who must choose between defending the civil litigation by providing testimony that may be incriminating on the one hand, and losing the case by asserting the constit...

Excerpt: ...stantially related” nature of Mr. Honey's prior representation viz-a-viz the currently pending litigation as of the time this motion was filed. However, the subsequent development of Wu's cross-complaint triggers a fresh set of obligations, which the Court in its discretion finds can be effectively managed to ensure the integrity of the bar and preservation of the public trust by adopting Mr. Honey's offer in his declaration to wall himself off...

Excerpt: ...ff is in pro per. Defendant CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION (“Defendant”) specially appears and opposes the Petition. As a prerequisite to filing a claim against a public entity, a plaintiff must substantially comply with the California Tort Claims Statute. No suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented until a written claim has bee...

Excerpt: ...UEL HERNANDEZ, JR. (“JMH”) was attending a Whittier Girls Softball League event to deliver some athletic apparel for the team. Plaintiffs allege that, at the event, “JMH was approached by TONY AVILA [Avila] in a belligerent manner…. As the manner of AVILA continued to escalate, JMH yelled for the League President MOSES GALICIA [Galicia] to intervene. He arrived and placed himself in between AVILA and JMH. AVILA was able to initiate physic...

Excerpt: ...complaint against Defendants CitiStaff Solutions Inc., Camino Real Foods, Inc., and John Doe (collectively “Defendants”) for eighteen causes of action. Plaintiff filed her complaint against her employer, Defendant CitiStaff Solutions Inc. (“CitiStaff”), and its customer, Camino Real Foods, Inc. d/b/a Camino Real Kitchen (“CRK”), for alleged acts of a CitiStaff employee outside the scope of his employment. On September 14, 2022, Defend...