Excerpt: ...284.1. This court ordered the matter to arbitration and stayed the case “until conclusion of the arbitration.” An arbitration award has been rendered, and therefore, the motion is GRANTED and the stay is lifted. II-III. Confirm/Vacate Arbitration Award Plaintiff Powell moves to vacate the arbitration award, and Defendant Public Storage moves to confirm the arbitration award. Any party to an arbitration award may petition the court to confirm,...

Excerpt: ...damages pursuant to CCP § 437c. Objections Plaintiff's Objection Nos. 1-3 are overruled. Defendant's Objection Nos. 1-2 are sustained. Objection Nos. 3-6 are overruled. Second Amended Complaint Paintiff Emelin Hernandez alleges that she purchased a 2017 Kia Optima LX from Defendant Kia. (Second Amended Complaint (“SAC”), ¶ 6.) After Plaintiff took possession of the vehicle, and during the warranty period, the vehicle developed defects, incl...

Excerpt: ...l of the following: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP §512.030.) The proofs of service show that Defendants were served via substituted service with the Summons, Complaint, Notice, and Application for Writ of Possession on February 24, 2022. Merits Upon the filing of the complaint or at any time thereafter, the plaintiff m...

Excerpt: ... NOTICE. Defendant Lloyd moves to compel further responses to document requests pursuant to CCP § 2031.310. Plaintiffs Stepter and Jackson's First Amended Complaint (“FAC”) alleges that Plaintiffs were the Buyers and Defendant was the Seller of real property located at 11439 Pruess Avenue, Downey, CA 90241. (FAC, ¶ 3.) On September 1, 2020, Defendant accepted Plaintiff's offer to buy/sell the property for $749,000. (FAC, ¶ 7.) Escrow did n...

Excerpt: ...eges that on September 28, 2018, Plaintiff Maria Varela was on Defendants' premises when she tripped and fell, sustaining injuries. Based thereon, the Complaint asserts causes of action for: 1. Dangerous Condition 2. Vicarious Liability for Wrongful Conduct of Public Employees 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...

Excerpt: ... of Documents (set two) and Request for Production of Documents (set four) is GRANTED in part and DENIED in part. Moving Party to give Notice. Motion to Quash PMQ Deposition/Protective Order Plaintiff/Cross-Defendant UNITED NATURAL FOODS, INC. (“UNFI”) moves to quash the PMQ Deposition Notice pursuant to CCP §2025.410(c). Alternatively, UNFI seeks a protective order. Opposition was due by no later than April 5, 2022. (See 03/25/22 Order.) Th...

Excerpt: ...tained therein. Cal. Ev. Code §452. Plaintiff's untimely Opposition was reviewed and considered. This wrongful foreclosure action was filed by Plaintiff JESUS GARCIA on September 9, 2021. On December 20, 2021, the operative First Amended Complaint (“FAC”) was filed. The relevant facts, as alleged, are as follows: “Plaintiff brings this Complaint based on Defendant's severe mishandling of payments that Plaintiff has made on the loan. In fac...

Excerpt: ...nytime's Objection No. 1 to Preston Decl. is overruled. Walter Shea's Objection Nos. 1-7 are overruled. Standard A Cross-Complainant has met its 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. (CCP 437c(p)(1).) Pleadings and Procedural History This action was initiated on October 19, 2017. The operative First Amende...

Excerpt: ...edent”) by and through his successor in interest, ANABEL MARTINEZ, and ANABEL MARTINEZ, individually. Plaintiff alleges, in pertinent part, “In or around March of 2020, it was reported that approximately 10 cases… of COVID-19 have been confirmed at Defendants' FACILITY. Defendant FACILITY employees began to fail to show up for work. Defendant FACILITY failed to provide required care to the facility's residents and placed them in harm's way....

Excerpt: ...ass claims and asserted a single representative claim under PAGA. Plaintiff's First Amended Complaint (“FAC”) is the operative pleading. Defendants FASHION NOVA, INC. (“Fashion Nova”) and FN LOGISTICS, INC. (“FN Logistics”) (collectively “Defendants”) now argue that the PAGA claim in this action is barred by res judicata, and summary judgment granted, because “it has already been released as part of a PAGA settlement in another ...

Excerpt: ...the real property located at 8825 Washington Boulevard, Pico Rivera, California. (SAC ¶10.) Plaintiff is the sole shareholder of TAI. The property has been used as a restaurant/nightclub since 1994. (SAC ¶10.) The property has a Reciprocal Easement Agreement (“REA”). (SAC ¶10.) Defendants acquired their interest in the adjoining shopping center subject to the REA. (SAC ¶10.) In 2015, Plaintiff had to obtain a new Conditional Use Permit ha...

Excerpt: ...inspection of the accident scene, tools, and related things and materials pursuant to CCP § 2031.310. CCP § 2031.310 allows a party to file a motion compelling further answers to inspection 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 by a meet and confer declaration. (CCP § 2031.310(b).) Plaintiff Watson alleges th...

Excerpt: ...on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. The Complaint alleges that Plaintiff Jae Hoon Park and her late husband, Jong Tae Park purchased the subject La Mirada Property on August 16, 1991, and held title as joint tenants. (Complaint, ¶ 9.) On February 6, 2020, Jong Park passed away, and Plaintiff became the sole owner. (Id., ¶¶ 10-11.) On January 28, 2016, Plaintiff Jae Park mar...

Excerpt: ...ntiff”) against Defendant US STARFORCE (“Defendant”) on August 8, 2018. Plaintiff alleges that it issued two workers' compensation insurance policies in December 2014 and December 2015—Policy 1 and Policy 2. Both premiums “are based, in part, upon the insured's payroll information during the course of the policy period. Because the insured's final payroll amounts could not be determined with certainty until after the end of the policy, ...

Excerpt: ...de §452.) This PAGA action was filed by Plaintiff CARMEN NASSAR on August 12, 2021. Defendants' VOLT MANAGEMENT CORP. and VOLT INFORMATION SCIENCES, INC.'s (collectively “Volt”) specially demurs on the basis that Plaintiff's lawsuit is the sixth in a line of PAGA actions brought against VOLT. Volt argues that Plaintiff's Complaint is subject to demurrer under CCP § 430.10(c) because Plaintiff's claims are subsumed by pre-existing actions ag...

Excerpt: ...ing in the amount of $10,000.00 in satisfaction of the bond requirement for both applications. Moving Party to give Notice. On December 30, 2021, Plaintiff SK ENTERPRISES TAX, LLC (“Plaintiff”) filed a Complaint asserting the following causes of action: (1) Preliminary and Permanent Injunction; (2) Conspiracy; (3) Threatened Misappropriation of Trade Secrets; (4) Misappropriation of Trade Secrets; (5) Unauthorized Use of Computers, Computer S...

Excerpt: ...) “The decision to grant or deny a preliminary injunction is committed to the discretion of the trial court after the court determines (1) the likelihood that the plaintiff will prevail on the merits at trial, and (2) the relative harms suffered by the parties.” (Pleasant Hill Bayshore Disposal, Inc. v. Chip-It Recycling, Inc. (2001) 91 Cal.App.4th 678, 695.) Plaintiffs have the burden of proof to show all elements necessary to support issuan...

Excerpt: ...IED. Opposing Party to give NOTICE. The operative Second Amended Complaint (“SAC”) alleges that in February 2016, Plaintiff met with ServPro Representatives regarding the operations of Plaintiff's ServPro franchise. (SAC, ¶ 16.) Defendants Nodbeh Enterprises, Inc. and Nodbeh employee Matthew Wilson steered Plaintiff into a transaction with the Ramos family. (SAC, ¶¶ 11-12, 17.) Defendants indicated that Jose Ramos wanted to purchase Plaint...

Excerpt: ... are uncertain. This contract action was filed by Plaintiff Sun West Mortgage Company, Inc. on December 24, 2020, alleging that Defendant Cornerstone Equity Group, Inc. breached a series of agreements regarding selling and brokering of mortgage loans. Based thereon, the Complaint asserts causes of action for: 1. Breach of Contract 2. Open Book Account 3. Account Stated 4. Reasonable Value 5. Common Counts 6. Conversion 7. Unjust Enrichment UNCERT...

Excerpt: ...to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests…. The Court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequently served a response that is in substantial compliance with Sections 2033.210, 2033.220, and 2033.230. (2) the party's failure t...

Excerpt: ... compel further responses to requests for admission pursuant to CCP § 2033.290. This is a dog bite case brought by Plaintiff Jose Choy against Defendants Susy and Edward Salsberg and Gislaine Pierrend (Doe 1). On 6/21/17, Defendants brought their two dogs to Plaintiff's veterinarian office. At the time, Plaintiff was offering a promotion for one free pet exam per household. The two dogs reside in the same household, but Defendants fraudulently r...

Excerpt: ... filed by Plaintiffs LAZARO W. DIAZ and JESSICA M. HERNANDEZ (in pro per) (collectively “Plaintiffs”) against Defendants TIFFANY M. OWENS (“Owens”); ESCROW TODAY, INC. (“ESI”); and DALIA GODINEZ (“Dalia”) on May 6, 2021. The relevant facts, as alleged, are as follows: “On November 19, 2020… Lazaro received wire instructions for $84,000.00 from an email ([email protected]) which contained, within the body of the email...

Excerpt: ...Plaintiff alleges that on April 3, 2021, Defendant HARRY JUNG (“Jung”) intentionally and loudly yelled at Plaintiff, “YOU Deadbeat Pay my money,” while Plaintiff was playing a round of golf with business partners and clients. (See DAC ¶¶3-13.) Plaintiff alleges that Jung's actions left Plaintiff feeling embarrassed and disgraced, and that all potential business deals for the day were “broken and destroyed.” (FAC ¶5.) Plaintiff's FA...

Excerpt: ... Cross-Defendant Francisco Cerna's motion for attorney's fees and costs is GRANTED in part. Attorney's fees and costs are imposed against Cross‐Complainants Garcia solely, in the reduced sum of $2,625.00 in attorney's fees and $295.60 in costs, payable to Francisco Cerna, within 30 days. Motion is DENIED as to RMEG Realty. III. Cross-Complainant RMEG Realty Incorporated's motion for attorney fees and costs as against Francisco Cerna and Maria C...

Excerpt: ...n August 30, 2021, the subject and operative First Amended Cross-Complaint (“FAXC”) was filed. The FAXC alleges the following relevant facts: “Both Diamond ZB and Diamond PEO collected funds from Dependable for payment of Workers Compensation Insurance policy premiums. Both Diamond ZB and Diamond PEO provided Certificates of Insurance for Workers Compensation Insurance (hereinafter ‘COI') to Dependable that the paid for coverage was obtai...

Excerpt: ...t of Defendant's Motion to Strike [CCP §425.16] in conjunction with his Demurrer. However, no such Special Motion to Strike is on calendar, and any such Special Motion to Strike is improperly noticed. Defendant filed a Demurrer with Motion to Strike. A motion to strike portions of a pleading (which typically accompanies a Demurrer) lies either when (1) there is “irrelevant, false or improper matter inserted in any pleading”; or (2) to strike...

Excerpt: ...led as of February 16, 2022. Defendants ENCORE ESCROW COMPANY, INC. and RODEO REALTY, INC.'s Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This action for contractual fraud was filed by Plaintiff OLGA RAMIREZ FLORES (“Plaintiff”) on May 4, 2021. On December 10, 2021, the operative First Amended Complaint (“FAC”) was filed. The relevant facts, as alleged in the FAC, are as follows: “Plaintiff and Defendant Flores were in...

Excerpt: ...s Motion to Compel Further Responses to Request for Production of Documents (set two) is GRANTED. IV. Defendant STATES MORTGAGE COMPANY, INC.'s Motion to Compel Further Responses to Requests for Admissions (set one) is GRANTED. V. Defendant STATES MORTGAGE COMPANY, INC's Motion to Compel Further Responses to Special Interrogatories (set one) is GRANTED. VI. Defendant STATES MORTGAGE COMPANY, INC.'s Motion to Compel Further Responses to Special In...

Excerpt: ...ainst the Complaint of Plaintiff Alfredo Perez is DENIED. III. Defendant Command Performance Constructors, Inc.'s motion for summary judgment or, in the alternative, summary adjudication as against the First Amended Cross-Complaint of… Alberta Development Partners, LLC is DENIED. IV. Defendant Command Performance Constructors, Inc.'s motion for summary judgment or, in the alternative, summary adjudication as against the Third Amended Cross-Comp...

Excerpt: ...ittier and PIH Health Hospital – Downey move for an order sealing confidential medical information pursuant to CRC § 2.550 and 2.551. Unless confidentiality is required by law, court records are presumed to be open to the public. (CRC § 2.550(c).) Therefore, pleadings, motions, discovery documents, and other papers may not be filed under seal merely by stipulation of the parties. A prior court order must be obtained. (CRC § 2.551(a); see H.B...

Excerpt: ...urs to the 1 st – 3 rd causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. The operative Second Amended Complaint (“SAC”) alleges that in November 2009, Plaintiff Elisa Perez began to experience some flooding problems in her residence that appeared to be connected to the sewer system. (SAC, ¶ 15.) Perez contacted Defendant Gonzalez of Alliance Restoration who provided ...

Excerpt: ... the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part, “In and about September 18, 2019, DECEDENT was a patron at the restaurant and bar of Defendant MAGGIE'S when he was involved in an altercation with certain persons including Defendants MANGUBAT and VARELA. [¶] Defendant MAGGIE'S and G & G intervened in the altercation. [¶] A second altercation occurred while in the premises of MAGGIE'S and person...

Excerpt: ...e facts sufficient to constitute a cause of action and is uncertain. As an initial matter, Plaintiff's Opposition refers to a joinder filed by the District, but this court is not in receipt of any such joinder. Even if the joinder had been filed, the District's joinder would be defective because the District had a previous opportunity, but failed to demur to the CC § 51.9 claim. Plaintiff Bjorn Torrecillas alleges that he was molested by Defenda...

Excerpt: ...American man. (TAC, ¶ 28.) On August 5, 2016, Plaintiff brought his wife's Mercedes C 300 in for service at Fletcher Jones Mercedes-Benz; he was directed to “a small office to obtain a loaner car”; a “Caucasian couple was served first, then… [a] light skinned brown man was served” even though Plaintiff arrived first. (Id., ¶¶ 20, 26, 39, 42.) The cars Plaintiff were shown were “extremely filthy.” (Id., ¶ 67.) The Branch Manager ...

Excerpt: ...te a cause of action and are uncertain. The First Amended Complaint (“FAC”) alleges that Plaintiffs Dean and Candice Selhay met Defendant Sergio Ulloa in 2006 when Plaintiffs sold their residence to Ulloa and agreed to seller carry-back financing in the amount of $736,500.00, secured by a Deed of Trust against the property. (FAC, ¶¶ 2-3, 7.) Thereafter, Ulloa utilized his confidential relationship of trust to obtain loans from Plaintiffs th...

Excerpt: ...on to Compel Arbitration Defendants Bright Idea Investments, Inc., Executive Capital Group, Inc., and Eugene H. Read and Valarie Read, Trustee of the Read Trust move to compel arbitration pursuant to CCP § 1281.2. The Complaint, filed on June 10, 2019 alleges that William Arthur Miller (“William”) and Robert Lynn Miller (“Robert”) are brothers. (Complaint, ¶ 16.) The subject real property was initially held in the names of William and C...

Excerpt: ... interrogatories is GRANTED. Within 20 days, Defendants are ordered to serve supplemental responses. II. Plaintiff PIH Healthcare Hospital-Whittier's motion for orders compelling Defendants Cigna Healthcare of California, Inc., Cigna Health and Life Insurance Company, and Connecticut General Life Insurance Company to provide further responses to Plaintiff's first sets of special interrogatories is GRANTED. Within 20 days, Defendants are ordered t...

Excerpt: ...tial matter, the court critically notes that Plaintiff has filed a 23-page motion in violation of the 15-page limit per CRC 3.1113. This is not a complex issue. The motion could have been made within the page limits. If anyone engages in conduct that is a misuse of the discovery process, the court may impose monetary sanction, issue sanction, evidence sanction, terminating sanction, and contempt sanction. (CCP § 2023.030.) The sanctions the cour...

Excerpt: ...ted to the public entity and has been acted upon by the board, or has been deemed to have been rejected by the board….” (Cal. Gov. Code §954.4.) “The court shall relieve the petitioner from the requirements of Section 945.4 if the court finds that the application to the board under Section 911.4 was made within a reasonable time not to exceed that specified in subdivision (b) of Section 911.4 and was denied or deemed denied pursuant to Sec...

Excerpt: ...ob. From doing the repetitive work, Plaintiff experienced debilitating pain in his lower back and right shoulder. Plaintiff visited a doctor and was placed on certain restrictions not to push, pull and carry 5 pounds or more.” (Complaint ¶10.) “On or about May 23, 2018, Plaintiff was released back to work by his physician with restrictions of not to push, pull and carry 5 pounds or more.” (Complaint ¶14.) Shortly thereafter, a representat...

Excerpt: ...es engaged in an exchange of discovery. Plaintiff filed a Motion to Compel Further Discovery Responses, which was granted in part. Plaintiff's Deposition occurred on February 19, 2021. On July 7, 2021, Defendant's counsel served its CCP §998 Offer to Compromise. On August 10, 2021, Plaintiff's counsel accepted the 998 offer. On August 20, 2021, a Notice of Settlement was filed. Cal. Civ. Code §1794(d) states, “[i]f the buyer prevails in an ac...

Excerpt: ...ction for quiet title was filed on March 6, 2020. The pleading was amended twice per stipulation, and once after Court Order after Defendant REDIGER INVESTMENT MORTGAGE FUND's (“Rediger”) Demurrer to, and Motion to Strike portions of the Second Amended Complaint was heard. The operative Third Amended Complaint (“TAC”) alleges the following relevant facts: “In February of 2006, Peter Norwich purchased the subject property and took title ...

Excerpt: ...d and served by no later than the close of business on February 4, 2022. Opposition and Reply to be filed and served per Code in accordance with the hearing date. Opposing Party to give Notice. At any time, “[t]he court…may, on motion of either party after notice to the other party, set aside any void judgment or order.” (CCP §473(d).) “Lack of personal jurisdiction renders a judgment (or default) void, and the default may be directly ch...

Excerpt: ... filed. Plaintiff alleges that “Defendants misrepresented to Plaintiff, a veterinarian, that both of their dogs resided in separate households, in order to take advantage of a promotion through Plaintiff's veterinary office whereby Plaintiff would provide one free veterinary examination per household. Defendant lied, representing that their two dogs resided in separate households, resulting in the Plaintiff being attacked by one of the dogs, wh...

Excerpt: ...that Defendants Central Arm Protection and Hector Chavez breached a loan agreement with $41,283.00 due and owing. The Complaint asserts causes of action for: 1. Breach of Contract (v. Central Arm Protection and Chavez) 2. Breach of Contract – Guaranty (v. Chavez) 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 judgm...

Excerpt: ...Health Services Corporation (“AltaMed”) demurs to the 3rd – 7 th causes of action on the grounds that the causes of action fail to state facts sufficient to constitute a cause of action and are uncertain. Cross- Defendant also move to strike improper allegations and punitive damages. The First Amended Cross-Complaint (“FAXC”) alleges that Cross-Defendant AltaMed breached the lease agreement by failing to vacate the property when the lea...

Excerpt: ...n the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. The Second Amended Complaint (“SAC”) filed on December 2, 2021, alleges that in April 2021, Plaintiff discussed with Defendant [about] becoming a partner in Plaintiff's business. Plaintiff was to retain an equity of 60% and Defendant to provide capital contribution for a 40% interest. Defendant agreed to provide capital contribution for a...

Excerpt: ...uary 7, 2019. On October 1, 2021, Plaintiff filed the operative Third Amended Complaint (“TAC”). The TAC alleges, in pertinent part, “In approximately November 2010, during the time that GOLDEN was Plaintiff's physician, Plaintiff and GOLDEN began a personal, romantic, intimate relationship. In approximately December 2010, Plaintiff and GOLDEN began having sexual intercourse. Plaintiff and GOLDEN saw each other a minimum of once or twice pe...

Excerpt: ...the operative Second Amended Complaint (“SAC”) was filed. The SAC 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 party 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 $2...

Excerpt: ... sidewalk surface of Hacienda Boulevard. As she was walking she tripped over raised, cracked and uneven concrete with protruding tree roots from an adjacent tree located on the sidewalk of Hacienda Boulevard. [¶] On or about October 5, 2017, Defendants owned, managed, maintained, and inspected the vegetation on the subject sidewalk and the subject sidewalk surface, located at or near 3061 Hacienda Boulevard, Hacienda Heights, CA 91745, approxima...

Excerpt: ...n for Summary Judgment against Defendant HECTOR MARROQUIN is DENIED. The alternative Motion for Summary Adjudication against Defendant HECTOR MARROQUIN is DENIED. Opposing Party to give Notice. Plaintiff's Requests for Judicial Notice are GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. (Cal. Ev. Code §452.) Defendants' HECTORS'S ROOFING, INC., and HECTOR MARROQUIN's joint request for a contin...

Excerpt: ...ntative 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 answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or p...

Excerpt: ...will hear from Plaintiff. Moving Party to give NOTICE. Defendant California Public Employees' Retirement System (“CalPERS”) demurs to the 1 st – 5 th causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action, and are uncertain. The Complaint filed on June 23, 2021, alleges that Plaintiff Melvin Stokes was employed by Los Angeles County Metropolitan Authority (METRO). (Complaint, ¶ 1.) A warran...

Excerpt: ...ence of the documents, but not as to any hearsay statements contained therein. (Cal. Ev. Code §452.) This action was filed by Plaintiff HENRY AGUILA (“Plaintiff”) (pro per) on June 22, 2021. On October 4, 2021, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges the following relevant facts: · “In March of 2020 Plaintiff sued Defendant Civic Property for breach of contract on an insurance claim submitted by Robert...

Excerpt: ... part and DENIED in part. Moving Party to give Notice. This wrongful death action was filed by Plaintiff on June 9, 2020. The relevant facts, as alleged, are as follows: “In October 14, 2019… Defendants ROGERS and DOES 1 through 10 drove and operated their silver 2016 Nissan NV1500 van… within the parking lot located on the [Subject Property]. At the time, Defendants ROGERS and DOES 1 through 10 were acting within the course and scope of th...

Excerpt: ...ntiff's request for a continuance is DENIED. As stated in this Court's Order of December 14, 2021, “The Court has reviewed Plaintiff's counsel's declaration submitted in support of Plaintiff's Amended Opposition and does not find that another continuance is warranted under CCP §437c(h). This matter will be heard on the merits on the continued hearing date.” This action for premises liability was filed by Plaintiff ROCIO DEVORA (“Plaintiff�...

Excerpt: ...ejudice to Defendant, the Court exercises its discretion to waive this procedural defect and consider Plaintiff's untimely Opposition. This action was filed by Plaintiff SKINNER by and through his guardian ad litem, Brenda Nonette on June 9, 2020. The operative Second Amended Complaint (“SAC”) alleges: “DUSD's employee DOE Custodian opened the mens restroom or failed to lock the restroom for purpose of allowing Does 1 to 25 to sexually assa...

Excerpt: ...E. I. Special Motion to Strike Cross-Defendant Maria Gamez (“Maria”) moves to strike the Malicious Prosecution claim in Geraldo Gamez (Geraldo)'s cross-complaint pursuant to CCP § 425.16. If Plaintiff voluntarily dismisses the action after Defendant files an anti-SLAPP motion, the court loses jurisdiction to rule on the motion. (Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App.4 th 869, 878-879.) On 12/2/21, Geraldo dismissed the Ma...

Excerpt: ... Defendant Ford Motor Company (“Ford”)'s person most qualified (“PMQ”) pursuant to CCP § 2025.480. This is a “lemon law” action filed by Plaintiff Atilano Castillo, alleging that Plaintiff purchased a 2017 Ford Fusion from Defendant Ford Motor Company on November 8, 2016. (Complaint, ¶ 6.) After Plaintiff took possession of the vehicle, and during the warranty period, the vehicle developed defects. (Id., ¶ 11.) Ford violated the So...

Excerpt: ...th 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 Emelin Hernandez alleges that she purchased a 2017 Kia Optima LX from Defendant Kia. (Second Amended Complaint (“SAC”), ¶ 6.) After Plaintiff took possession of the vehicle, and during the warranty period, the vehicle developed defects, including a defective engine. (Id., ¶ 11.) Kia viol...

Excerpt: ...led by Plaintiff Carina Solares, alleging that on October 16, 2020, Plaintiff was a passenger in a vehicle operated by Defendant Lexie Granados, when their vehicle collided with Defendant Adriana Serrano at an intersection. (Complaint, ¶ 4.) The traffic signals and street lights were suddenly shut off, causing a dangerous condition. (Id., ¶ 3.) Based thereon, the Complaint asserts causes of action for: 1. Negligence (v. Cities of Norwalk and LA...

Excerpt: ...e NOTICE. Plaintiff Ross moves for an order permitting financial discovery pursuant to CC § 3295 against Defendants Stephanie Ramos, Jonathan Sanchez, Jose Ramos, Raav Corporation, Mathew Wilson, and Nodbeh Enterprises, Inc. and moves to reopen limited discovery pursuant to CCP § 2024.050. CC § 3295(c) provides: No pretrial discovery by the plaintiff shall be permitted with respect to the evidence [of defendant's financial condition] unless th...

Excerpt: ...ANTED in part and DENIED in part. Moving Party to give NOTICE. This wrongful death action was filed by Plaintiff on June 9, 2020. The relevant facts, as alleged, are as follows: “In October 14, 2019… Defendants ROGERS and DOES 1 through 10 drove and operated their silver 2016 Nissan NV1500 van… within the parking lot located on the [Subject Property]. At the time, Defendants ROGERS and DOES 1 through 10 were acting within the course and sco...

Excerpt: ...th 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 Nancy Villalva alleges that she purchased a 2015 Kia Sorento from Defendant Kia. (Second Amended Complaint (“SAC”), ¶ 6.) After Plaintiff took possession of the vehicle, and during the warranty period, the vehicle developed defects, including a defective engine. (Id., ¶ 11.) Kia violated...

Excerpt: ...Kamyar Shabani, Mercury Bowl, LLC, Green Rivera LLC and Optimus Properties, LLC demur to the 1 st – 4 th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. The operative First Amended Complaint (“FAC”) alleges that Thee Aguila Inc. (“TAI”) owned the real property located at 8825 Washington Boulevard, Pico Rivera, California. (FAC, ¶ 10.) Plaintiff is the sole shareholder of TAI. The...

Excerpt: ...alph B. Wegis and Law Offices of Ralph B. Wegis (collectively “Wegis”) demurs to the 2 nd – 6 th causes of action on the ground that they do not state facts sufficient to constitute a cause of action. The operative First Amended Complaint (“FAC”) alleges that Plaintiff Laila Jacobsma is an attorney and Jacobsma & Brau is her law firm. (FAC, ¶ 1.) Plaintiffs were originally retained by Defendant Song to represent him in a personal injur...

Excerpt: ...rt and DENIED in part. Moving Party to give Notice. This wrongful death action was filed by Plaintiff on June 9, 2020. The relevant facts, as alleged, are as follows: “In October 14, 2019… Defendants ROGERS and DOES 1 through 10 drove and operated their silver 2016 Nissan NV1500 van… within the parking lot located on the [Subject Property]. At the time, Defendants ROGERS and DOES 1 through 10 were acting within the course and scope of their...

Excerpt: ...nt procedural history of this case is as follows: · On August 28, 2019, this Court issued an Order on Defendants iFuel, Inc. Yepremyan; and Defendants Halaka and S&J Petroleum's separately filed anti-SLAPP Motions: 1. Defendants Halaka and S&J Petroleum's anti-SLAPP was GRANTED as to the fourth cause of action. 2. Defendant iFuel, Inc.'s anti-SLAPP was GRANTED to the extent that the claim alleges breach of the right of first refusal in the Retai...

Excerpt: ...dwriting expert, Frank Hicks, passed away. Defendants seek to replace Mr. Hicks with Linton A. Mohammed, Ph.D. In Opposition, Plaintiff argues that the Motion should be denied as untimely, and because it lacks good cause. “(b) A motion under subdivision (a) shall be made at a sufficient time in advance of the time limit for the completion of discovery under Chapter 8 (commencing with Section 2024.010) to permit the deposition of any expert to w...

Excerpt: ...on the ground that they fail to state facts sufficient to constitute a cause of action. This action for Quiet Title was filed by Plaintiffs Ismael, Oscar, Lucia, Jose, and Ofelia Gonzalez against Defendants Maria and Lorena Perez. On April 29, 1994, in order to facilitate a re-finance of the subject property, the Plaintiffs deeded the property to Defendant Maria Perez, and Maria would hold the property in trust for herself and her siblings, the G...

Excerpt: ... July 7, 2015, in the course and scope of Plaintiff's employment as an employee of non-party Saffron Spot, Plaintiff was using Defendant JC Foodservice Inc.'s sugar can juicer when he became injured when his fingers and/or hand came into contact with the sugar cane juicers' rollers and/or moving parts. Based thereon, the Complaint asserts causes of action for: 1. Strict Liability 2. Negligence 3. Breach of Express Warranty 4. Breach of Implied Wa...

Excerpt: ...18. Plaintiff Deanne Munroe asserts a claim for medical negligence, and Plaintiff David Munroe asserts a claim for loss of consortium. This action was filed in Los Angeles County. Sometime during the pendency of litigation, Plaintiff Deanne Munroe moved to South Carolina. Defendant PIH HEALTH HOSPITAL – WHITTIER (“Defendant”) now moves to compel Plaintiff Deanne Munroe to attend an independent medical examination to be performed in Southern...

Excerpt: ...junction is committed to the discretion of the trial court after the court determines (1) the likelihood that the plaintiff will prevail on the merits at trial, and (2) the relative harms suffered by the parties.” (Pleasant Hill Bayshore Disposal, Inc. v. Chip-It Recycling, Inc. (2001) 91 Cal.App.4th 678, 695.) Plaintiffs have the burden of proof to show all elements necessary to support issuance of a preliminary injunction. (O'Connell v. Super...

Excerpt: ...Hospital, Inc. (“PIH Whittier”) and PIH Health Hospital—Downey, formerly Downey Regional Medical Center-Hospital, Inc. (“PIH Downey”) (collectively, “Plaintiffs”) commenced this suit on November 20, 2020, against defendants Cigna Healthcare of California, Inc. (“Cigna California”), Cigna Health and Life Insurance Company (“Cigna Life”), and Connecticut General Life Insurance Company (“Connecticut General”) (collectively,...

Excerpt: ...�) filed this action for partition and cancellation of instrument against Defendants Mario Alberto Vega, Silvia Vega (collectively, “Defendants”), and all persons unknown claiming any interest in the property named as Does 1 through 50. Following Defendants meritorious motion to strike, Plaintiffs filed the operative First Amended Complaint (“FAC”) on August 27, 2021. The FAC asserts causes of action for: 1. Partition; and 2. Cancellation...

Excerpt: ...f”) against Defendant LINDA CARABALLA (“Defendant”) on September 1, 2021. The Complaint asserts one sole cause of action for Violation of the Ralph Civil Rights Act of 1976. Plaintiff alleges, in relevant part, “Defendant owns and/or operates the website for ‘The Metro Watch,' and the parallel Facebook and Instagram accounts…. Defendant clearly owns and/or operates these three accounts… collectively or individually, and their respec...

Excerpt: ...ion award. (CCP § 1285.) A response to the petition may request the court to dismiss the petition, confirm, correct or vacate the award. (CCP § 1285.2.) The petition must contain the following: 1) the substance of or have attached a copy of the agreement to arbitrate; 2) the names of the arbitrators; and 3) a copy of the award and written opinion of the arbitrators, if any. (CCP § 1285.4.) If a petition is duly served and filed, the court shal...

Excerpt: ...tion 1 to Liu's declaration is overruled. MERITS A defendant moving for summary judgment/adjudication has met his 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. (CCP §437c(p)(2).) Defendant Ford contends that it is entitled to summary judgment because Plaintiff Atilano Castillo cannot show any damages. Alternatively, Defendant seeks summary...

Excerpt: ... order pursuant to CCP §§ 2030.090, 2030.040, 2033.080, and 2023.040. The Complaint was amended as of right. The FAC, filed on August 30, 2021, alleges that Plaintiff and Defendants entered into multiple written agreements under which Plaintiff agreed to sell Produce and the Defendants agreed to purchase Produce. Defendants owe Plaintiff $173,589.19. Based thereon, the Complaint asserts the following Counts: 1. Breach of Contract 2. Breach of G...

Excerpt: ...��14 calendar days before the hearing date after taking Thanksgiving and day after Thanksgiving holidays into account. This breach of contract action was filed by Plaintiff CHRISTOPER ORTIZ (“Plaintiff”) on August 24, 2020. Plaintiff alleges that he purchased a full coverage insurance policy with Geico (“Policy”). “Prior to purchase of the full coverage policy with Geico Casualty Company, Inc. Plaintiff specifically told the agent, duri...

Excerpt: ...R, a JESS T. NORIEGA CHIROPRACTIC COPORATION; JESS T. NORIEGA; and NIKOLAUS NORIEGA (collectively “Cross-Complainants”) filed the Subject Cross- Complaint. The Cross-Complaint alleges, in pertinent part, “Since Hernandez abandoned her positions at HPHC, she has purposefully withheld the password to access the account information relating to her former employer for the sole purpose of disrupting HPHC's business operations and causing financi...

Excerpt: ...LE, Successor Trustee of The Evelina Carale Revocable Living Trust (“Plaintiff”) on April 20, 2021. Plaintiff alleges the following relevant facts: “Plaintiff is at risk of losing their property due to Defendants' improper process and handling of Plaintiff's account as Plaintiff believes the amount due on the subject mortgages is the exact amount of missing monthly payments after Evelina Carale's death. Quality's subsequent denial of Plaint...

Excerpt: ... – 6 th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. The Third Amended Complaint (“TAC”) alleges that Plaintiff Sanli, LLC partnered with Defendant Yunus Sekerov and Defendant Peace Electronic Corporation (“PEC”) to fund, operate, and profit share in retail stores and kiosks doing business as “Fix It” in Los Angeles and Ventura counties; Plaintiff provided $250,000 to Defen...

Excerpt: ... R. Lugo is not deemed filed and served as of the date of this hearing. Plaintiff is ORDERED to FILE and SERVE the Second Amended Complaint by no later than 5 court days from the Court's issuance of this Order. Moving Party to give Notice. Motion to Compel Further Responses to RPD (set one): This products liability action was filed by Plaintiff ALICE MUK (“Plaintiff”) on June 26, 2020. The relevant facts, as alleged in the operative pleading,...

Excerpt: ...demurs to the 1 st, 2 nd, and 5th causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. Plaintiff Kosareff filed the instant Complaint on October 20, 2020, alleging that on March 29, 2019, Plaintiff was struck and run over by a vehicle driven by Defendant Angela Lyn Dela Fuente. (Complaint, ¶ 13.) The premises was owned and controlled by the Joint Venture (H&S Energy, LLC and ...

Excerpt: ...Defendant RUBEN DOMINGUEZ as trustee of the Ruben Dominguez Living Trust (“Cross-Defendant”) on October 14, 2020. On May 14, 2021, the Subject Cross-Complaint (“Cross-Complaint”) was filed by Defendant/Cross-Complainant ROSALBA AVALOS. The Cross-Complaint alleges, in pertinent part, “At all times relevant to this Cross- Complaint, Cross-Defendants have been using and maintaining on their property an unpermitted structure that encroaches...

Excerpt: ...days leave to amend. Moving Party to give Notice. On June 9, 2021, a Request for Dismissal as to Defendant LIDO MOTEL, INC. was entered. This personal injury action was filed by Plaintiff SADIE KRAFT (“Plaintiff”) on August 12, 2019. Plaintiff alleges that “[o]n or about August 12, 2017, Plaintiff… checked in at the hotel…. [¶] On or about August 16, 2017, [Plaintiff] discovered multiple bite marks on her body, but was unsure of the ca...

Excerpt: ...on for Monetary Sanctions is DENIED. Opposing Party to give Notice. No Replies filed as of November 16, 2021. Due by November 10, 2021. (CCP §1005(b).) Motion for Sanctions CCP §128.5 states that “[a] trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics made in bad faith, that are frivolous or solely intended to caus...

Excerpt: ...ation is GRANTED. This action for premises liability was filed by Plaintiff CRISTINA CHAVEZ (“Plaintiff”) on July 24, 2018. On March 21, 2019, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges the following facts: “Defendants…were the possessors, controllers, managers, designers, maintainers, inspectors, supervisors, and owners of the portion of the designated pedestrian crosswalks at the intersection of Pacifi...

Excerpt: ...negildo Espinoza Mendoza (“Hermenegildo”), Jose Luis Espinoza Mendoza (“Jose”), and Alejandra Romero Oceguera (“Alejandra”), alleging that Defendants breached an oral contract entered in the City of Downey, California. Hermenegildo is Plaintiff's half-brother, Jose is Hermenegildo's father and Alejandra is Hermenegildo's wife and Plaintiff's sister-in-law. In February 2008, Plaintiff became seriously ill. In the spring of 2008, Hermen...

Excerpt: ...rther Responses to Special Interrogatories Defendant Hanes Companies, Inc. (“Hanes Geo”) moves to compel further responses to special interrogatories pursuant CCP § 2030.300. CCP § 2030.300 allows a party to file a motion compelling further answers to interrogatories 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 by a meet ...

Excerpt: ... on October 27, 2021. Given the lack of prejudice evidenced by Kaiser's arguments in Reply, the Court will waive this procedural defect. This personal injury action was filed by Plaintiff NOLAN VAN HAVERMAAT (“Plaintiff”) on March 14, 2019. On August 29, 2019, the operative First Amended Complaint (“FAC”) was filed. The FAC asserts the following causes of action: (1) Negligence – against All Defendants; (2) Premises Liability –against...

Excerpt: ...010-5, LLC, and Art Mortgage Borrower Opco 2010-5, LLC (collectively “Americold”) move for summary adjudication pursuant to CCP § 437c. Objections Defendants' evidentiary objection Nos. 1-13 are overruled. Complaint The Complaint, filed by United Natural Foods, Inc. (“UNFI”) on January 24, 2020, alleges that Defendants breached the Storage Agreement by failing to keep Plaintiff's refrigerated space in Defendants' Vernon warehouse availab...

Excerpt: ...ladelphia Indemnity Insurance Company, and Safety National, Inc. demur to the 49 th – 52 nd causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. STATUTE OF LIMITATIONS Defendants contend the claims are barred by the applicable statutes of limitations. However, the claims relate back to the original complaint and are based on the same set of facts previously alleged. (Barrington v. A. H. Robins...

Excerpt: ...interpreted the CT as showing no abnormalities when in fact she had enlarged lymph nodes. (Complaint, ¶ 14.) As a result, Plaintiff was found to be a suitable kidney donor, and underwent a left donor nephrectomy on 7/3/18. On 2/11/19, Plaintiff was diagnosed with Hodgkin's lymphoma, and the CT done on 3/30/18 showed lymphoma. Plaintiff would not have donated her kidney had she known that she had lymphoma. The Complaint asserts a single cause of ...

Excerpt: ...OZA MENDOZA and Specially Appearing Defendants HERMENEGILDO ESPINOZA MENDOZA and ALEJANDRA ROMERO OCEGUERA (collectively “Defendants”) separately move to quash service. Since both Motions are substantively identical, the Court will address them together. Defendants seek to quash service of summons on the ground that Plaintiff's purported substituted service on Defendants at 3413 Mesa Verde Circle Stockton, CA on May 24, 2021 was not valid ser...

Excerpt: ...to give Notice. This action concerning a dispute over real property was filed on December 12, 2019. On October 9, 2020, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges the following facts: “On February 19, 2014, Josefina Arellano granted The Property to Hector Uriostegui (hereinafter ‘Hector U') …. [¶] Because the transaction between Arellano and Hector U did not accurately identify The Property, the Grant Dee...

Excerpt: ... give Notice. This personal injury action was filed by Plaintiff NOLAN VAN HAVERMAAT (“Plaintiff”) on March 14, 2019. On August 29, 2019, the operative First Amended Complaint (“FAC”) was filed. The FAC asserts the following causes of action: (1) Negligence – against All Defendants; (2) Premises Liability –against All Defendants; (3) Strict Liability – as to DOES 1 through 50; and (4) Punitive Damages. On August 12, 202, Plaintiff a...

Excerpt: ... out of breach of a rental lease was filed by Plaintiff/Cross-Defendant FITNESS INTERNATIONAL, LLC (“Fitness/Tenant”) on December 28, 2020. On January 28, 2021, the Subject Cross-Complaint was filed by Defendant/Cross-Complainant BRIXMOR PROPERTY OWNER II, LLC (“Brixmor/Landlord”). The Cross-Complaint alleges as follows: “On or about January 25, 2021, Landlord's predecessor-in- interest, M&H Realty Partners IV L.P. and [Tenant's] predec...

Excerpt: ... in support of the Motion for Preliminary Injunction were filed on October 25, 2021 without leave of Court, the Court exercises its discretion and considers the improperly filed documents. The purpose of a preliminary injunction is to preserve the status quo pending a decision on the merits. (Major v. Miraverde Homeowners Ass'n. (1992) 7 Cal.App.4th 618, 623.) Plaintiffs seeking injunctive relief must show the absence of an adequate damages remed...