Excerpt: ...jured when an 18650 lithium-ion battery he bought from a vape shop suddenly exploded in his pants pocket. Plaintiff is suing LG Chem, Ltd., the manufacturer of the 18650 batteries, for negligence and product liability. Specially appearing defendant LG CHEM, LTD. (“LG Chem”) moves to quash Plaintiff's service of summons for lack of personal jurisdiction pursuant to CCP §418.10(a)(1). When a nonresident defendant/cross-defendant challenges jur...

Excerpt: ...cond Amended Complaint is MOOT. Plaintiff to give Notice This action was filed on October 8, 2021. A First Amended Complaint was filed on December 3, 2021. A Second Amended Complaint was filed per Stipulation and Order on April 26, 2022. There is a Demurrer and Motion to Strike Portions of the Second Amended Complaint set to be heard concurrently with the instant Motion. Plaintiff seeks leave to file a Third Amended Complaint (“TAC”) for the ...

Excerpt: ...7, 2022, Plaintiff entered into an oral agreement with Defendant for Plaintiff to sell, and Defendant to purchase the Business. The terms of the sale were as follows: (1) Plaintiff would sell the Business to Defendant for $135,700 (2) Defendant would pay Plaintiff $70,720 payable $680 per week for 2 ½ years (3) Defendant was to provide Plaintiff with a van worth $40,000; and (3) Defendant would teach Plaintiff how to make a generic produce recip...

Excerpt: ...was filed by Plaintiff Henry Aguila on June 22, 2021. The operative Second Amended Complaint (“SAC”) alleges the following relevant facts: Defendant Guinevere Malley had been the attorney for Plaintiff and Thee Aguila Inc. for over 10 years. In July 2019, irreconcilable differences arose between the parties, and Malley ceased being Plaintiff's representative. (SAC, ¶ 12.) “In March of 2020 Plaintiff sued Defendant Civic Property for breach...

Excerpt: ...��Plaintiff”) on July 28, 2020. The relevant facts, as summarized by Plaintiff in its moving papers, are as follows: “[Plaintiff] paid $290,000 to satisfy a judgment lien against Defendant Perez which encumbered two of [Plaintiff's] properties. Because Defendant Perez failed to disclose the existence of the judgment lien, funds to pay off that lien were not deducted from his seller's proceeds at the close of the escrows for his sales of the H...

Excerpt: ... behalf of himself and the general public (“Plaintiff”) on March 4, 2022. Plaintiff alleges the following relevant facts, “On or about January 22, 2022, [Plaintiff] received an advertisement through Google.com, on which Defendants engaged in paid advertising and promotion of their business, promotions, and offers to the general and targeted public, for the lease of vehicle identified as a Porsche Taycan offered by Defendants for $999 per mo...

Excerpt: .... 19STCV05281). Moving Party to give Notice. Defendants' Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) On March 15, 2019, VIVERA PHARMACEUTICALS, INC. (“Vivera”) filed a complaint against BLAINE HOLDING & DEVELOPMENT, LLC (“Blaine Holding”) for (1) Forcible Entry; and (2) Forcible Detainer (“Forcible Detainer Action”) (Case No. 19NWCV00244). Vivera sought possession of a portion of leased property at 11037 Lockport Pl...

Excerpt: ...cation pursuant to CCP § 437c. Plaintiff North Mill's Complaint alleges that it entered into an equipment lease agreement with Defendant Jeylim Investments, LLC dba Godtti nightclub Sports Grill on August 15, 2019. (Complaint, ¶ 5.) On November 20, 2020, Defendant failed to make the payments due and owing. (Id., ¶ 7.) Plaintiff was injuried in the sum of $97,168.24. (Id., ¶ 8.) Based thereon, the Complaint asserts contractual damagers the fol...

Excerpt: ...that on September 29, 2018, Huang purchased a 2018 Model X vehicle from Defendant Tesla, Inc. (FAC, ¶ 37.) On December 24, 2018, at 11:30 p.m., the vehicle made a Sudden Unintended Acceleration (“SUA”) while Plaintiff was fully stopped at her security gate. (FAC, ¶¶ 41-43.) The vehicle accelerated at full power through the gate, swerved to the right, and crashed into a block wall toward her neighbor's house. (FAC, ¶ 43.) Plaintiffs Kao an...

Excerpt: ...er, LP and THR Property Management, LP demur to the 6 th cause of action on the ground that it fails to state facts sufficient to constitute a cause of action. Plaintiffs' operative First Amended Complaint (“FAC”) alleges that Plaintiffs moved into the Subject Property on December 31, 2017. (FAC ¶ 17.) The house that they leased from Defendants contained rodents and other pests, which Defendants did not eradicate. (FAC, ¶ 18.) On January 3,...

Excerpt: ...The angle grinder fell onto Plaintiff's foot, causing injury. Plaintiff contends that the angle grinder contains various manufacturing, design, and failure to warn defects. Specially appearing defendant MAKITA CORPORATION (“Makita Japan”) argues that this Court lacks personal jurisdiction over it because Makita Japan is a Japanese corporation headquartered in Anjo, Japan. Makita Japan further argues that Makita Japan has no physical presence ...

Excerpt: ...comply with this Court's May 31, 2022 Discovery Order. This matter was originally set to be heard on Thursday, September 1, 2022. Defendant did not initially oppose the subject motion. Rather, at the hearing, Counsel for Defendant appeared and indicated that, on August 31, 2022 (the day before the hearing), Defendant produced the responses that were the subject of this Court's May 31, 2022 Order and paid the relevant monetary sanctions. CCP §202...

Excerpt: ...t is inclined to waive the procedural defect and consider the untimely Opposition. However, if Defendant appears at the hearing and requests a continuance in order to file and serve a substantive Reply, the Court will continue this matter to Thursday, October 6, 2022 at 10:30 a.m. in Dept. SE-C. If the matter is continued, Defendant's Reply must be filed and served by no later than October 3, 2022. This action was filed on June 1, 2022 by Plainti...

Excerpt: ...le issues remain, motion for summary judgment is DENIED. Moving Party to give NOTICE. Defendant States Mortgage Company, Inc. moves for summary judgment and/or adjudication pursuant to CCP § 437c. Evidentiary Rulings Defendant's RJN is granted as to the court-filed documents contained in RJN 1- 6. Although the court may take judicial notice of the documents filed, the court declines to take judicial notice of the truth of the matters contained t...

Excerpt: ...or quiet title was filed on March 3, 2020. On February 17, 2022, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges in pertinent part, “Defendant IRELA ARANA… is an individual who now resides in the State of Texas and who asserts complete ownership of the subject property…. Plaintiff alleges that he has been the constructive partial owner of the subject property… for at least the past 20 to 25 years.” (SAC ¶2...

Excerpt: ... March 4, 2022. The Complaint asserts the following causes of action: (1) Fraud; and (2) Breach of Contract. Defendants IEV FACTORY, INC.; MARTIN KRUSZELNICKI; and YUTAKA MIYAZAKI (collectively “Defendants”) generally demur to both causes of action. First Cause of Action – Fraud The elements of a cause of action for intentional fraud are 1) misrepresentation (false representation, concealment, or nondisclosure); 2) knowledge of falsity (sci...

Excerpt: ...t of attachment in the sum of $138,952.80. At the hearing, the court shall consider the showing made by the parties appearin g and shall issue a right to attach order, which shall state the amount to be secur ed by the attachment determined by the court in accordance with Section 483.01 5 or 483.020, if it finds all of the following: 1. The claim upon which the attachment is based is one upon which an attachment may be issued 2. The plaintiff has...

Excerpt: ... possession. (CCP § 512.010(a).) The application shall include all of the following, which may be established by affidavit, pursuant to CCP § 512.101(b): 1. The basis of the plaintiff's claim that the plaintiff is entitled to possession; 2. A showing that the property is wrongfully detained and of the manner in which defendant came into possession; 3. A particular description of the property and a statement of its value; 4. The property's locat...

Excerpt: ...days. Moving Parties to give NOTICE. I. DEMURRER Defendants Ahn, Chong, and Sim demur to the 7 th – 9 th causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action, and are uncertain. The operative First Amended Complaint (“FAC”) alleges that Plaintiff Tayler Kim (minor) was enrolled in an after school learning center and summer camp operated by Defendants between June 2017 and December 2018. De...

Excerpt: ...r Answers within 10 days. Moving Parties to give Notice. I. DEMURRER Defendants NK Properties, Inc., Mike Patel, and Ninette Patel demur to the 3 rd – 5th causes of action on the ground that they fail to state facts sufficint to constitute a cause of action. This personal injury action was filed by Plaintiff Sadie Kraft on August 12, 2019. The operative Second Amended Complaint (“SAC”) alleges that “[o]n or about August 12, 2017, Plaintif...

Excerpt: ..., by police officers employed by the City of South Gate Police Department. On April 6, 2022, Plaintiff filed his complaint against City of South Gate, Sam Houx, Donny Sanchez, Anthony Reyes (collectively “Defendants”) and Doe 1 to 10 asserting three causes of action: (1) battery; (2) negligence; and (3) violation of Bane Act (Civil Code section 52.1). On May 27, 2022, Defendants filed a demurrer to the complaint, arguing that it is barred by ...

Excerpt: ...dants FRANKLIN C. NGUYEN and VAN B. LIEU (“Defendants”) seek to leave to file a cross- complaint containing “claims that [Defendants] have against [Plaintiffs]… which arise out the same transactions and/or series of transactions which would make the claims in… [the] Cross-Complaint compulsory. [¶] [Defendants] did not file a Cross-Complaint initially at the time that it answered Plaintiffs' First Amended Complaint, albeit in good faith...

Excerpt: ...filed on July 29, 2022. Moving Party to give Notice. On June 24, 2022, this Court GRANTED COUNTY OF LOS ANGELES (“County”) and CITY OF SOUTH GATE's (“City”) (collectively “Defendants”) motion for summary judgment. Now, Defendants move for the recovery of defense costs under CCP §1038. County seeks $92,595.80 in attorney's fees and expert witness fees. City seeks $32,941.10 in attorney's fees. Defendants contend that they were wrongfu...

Excerpt: ...rder staying the taking of the deposition and quashing the deposition notice.” (CCP § 2025.410(c).) The court may, “for good cause shown,” issue any protective order “that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (CCP § 2025.420(b).) Such an order may include, “but is not limited to” requiring tha...

Excerpt: ... THE REQUESTS FOR MONETARY SANCTIONS. PLAINTIFFS JEFF CAPT AND RHONDA ALGER-CAPT'S MOTION FOR A PROTECTIVE ORDER IS GRANTED ONLY AS TO THE NOTICED DEPOSITION OF UNION PACIFIC RAILROAD'S PERSON MOST KNOWLEDGEABLE ON THE TOPICS AS IDENTIFIED IN THE DEPOSITION NOTICE (PAUL DECL. EX. 3 AT ATTACHMENT 4). ALL OTHER REQUESTS ARE DENIED. Moving parties to give notice. Background This is a property dispute case between Plaintiffs Jeff Capt (“Jeff”) [1...

Excerpt: ...ntract action was filed by Plaintiff ALONDRA & PIONEER PROPERTY, LLC (“Plaintiff”) on September 20, 2021. The relevant facts, as alleged, are as follows: “On October 8, 2019, a large fire ignited at 15915 Pioneer Boulevard, Norwalk, California 90650. The burned building was owned by [Plaintiff] and maintained, occupied, and operated by Defendant, H MART NORWALK LLC. Defendant and Plaintiff entered into a Lease Agreement by which Defendant's...

Excerpt: .... 19STCV05281). Moving Party to give Notice. Defendants' Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) On March 15, 2019, Defendant/tenant VIVERA PHARMACEUTICALS, INC. (“Vivera”) filed a complaint against Plaintiff/landlord BLAINE HOLDING & DEVELOPMENT, LLC (“Blaine Holding”) for (1) Forcible Entry; and (2) Forcible Detainer (“Forcible Detainer Action”) (Case No. 19NWCV00244). Vivera sought possession of a portion of ...

Excerpt: ...laintiff PAUL AGUILAR on April 16, 2019. On June 6, 2022, the operative First Amended Complaint (“FAC”) was filed. Plaintiff seeks to recover a commission with the sale and purchase of certain real property located at 8331 Atlantic Boulevard (“Property”) by Ministerios Una Voz Profetica en Las Naciones, Inc. (the “Church”) from seller Defendant GUHO, INC. (“Guho”) pursuant to an installment sale contract. (FAC ¶¶10-12.) “BLAZI...

Excerpt: .... Moving Party to give notice. This action was filed by Plaintiff CHARTWELL STAFFING SERVICES, INC. (“Plaintiff”) on December 8, 2021. The relevant facts, as alleged, are as follows: “On information and belief, defendants Special Dispatch of California, Inc… on the one hand… and John Edward Dearing, Thomas Brian Dearing, and Martin Mantilla… (‘the Shareholders'), on the other hand, while purporting to operate as a corporation and it...

Excerpt: ...tice. The parties' 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.) Motion for Sanctions Defendants CIGNA HEALTHCARE OF CALIFORNIA, INC.; CIGNA HEALTH AND LIFE INSURANCE COMPANY; and CONNECTICUT GENERAL LIFE INSURANCE COMPANY (collectively “Defendants”) move for sanctions pursuant to CCP §128.7 on the grounds that Plaintiff's action i...

Excerpt: ...ed and served in accordance with the new hearing date. As of August 31, 2022, no Supplemental Briefs have been filed. This premises liability action was filed by Plaintiff ARMANDO ALCALA on August 23, 2020. On May 15, 2019, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges the following relevant facts: “On or about June 21, 2018, Plaintiff was lawfully within the PREMISES. Specifically, Plaintiff's employer, Defendant...

Excerpt: ...,500.40. At the hearing, the court shall consider the showing made by the parties appearin g and shall issue a right to attach order, which shall state the amount to be secur ed by the attachment determined by the court in accordance with Section 483.01 5 or 483.020, if it finds all of the following: 1. The claim upon which the attachment is based is one upon which an attachment may be issued 2. The plaintiff has established the probable validity...

Excerpt: ... by the court. (CCP ¶ 515.020(a).) Counter bonding completely thwarts plaintiff's application for possession before trial, but the undertaking must be sufficient. (Edwards v. Sup.Ct. (1991) 230 Cal.App.3d 173, 178.) Upon the hearing, the court shall make an order determining the sufficiency or insufficiency of the bond. (CCP § 995.960(a).) “(a) A bond executed by personal sureties shall be accompanied by an affidavit of qualifications of each...

Excerpt: ...pelling plaintiff to attend a second independent medical exams, noticed for September 26, 2022, pursuant to CCP §§ 2032.310, 2032.320. “(a) In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive...

Excerpt: ...counsel, jointly and severally, in the reasonable sum of $10,035.00, payable within 30 days. Opposing Party to give NOTICE. Defendant West Coast Metals, Inc. moves to compel further responses to form interrogatories, special interrogatories, and document requests pursuant CCP §§ 2030.300 and 2031.310. CCP §§ 2030.300 and 2031.310 allow a party to file a motion compelling further answers to interrogatories if it finds that the response is inad...

Excerpt: ... September 20, 2022 at 10:30 a.m. in Dept. C. City may electronically file and serve a Supplemental Brief addressing the Robles declaration by September 6, 2022. Robles may electronically file and serve a Supplemental Response by September 13, 2022. Both briefs are limited to three pages. The parties may attach declarations and/or evidence beyond this page limitation. Opposing Party to give NOTICE. Cross-Complainant City of South Gate moves for e...

Excerpt: ...rs within 10 days. Opposing Party to give NOTICE. Cross-Defendants Mehea, USA LLC (“Mehea”) and Michael Behzad demur to the 1 st cause of action on the grounds that it fails to state facts sufficient to constitute a cause of action. Plaintiff Mehea USA LLC initiated this action on September 1, 2021, alleging that Plaintiff is the owner of a vacant real estate parcel located in Santa Fe Springs, California. (Complaint, ¶ 1.) Defendants Silvia...

Excerpt: ...C”) was filed. The FAC alleges the following relevant facts: “On or about June 21, 2018, Plaintiff was lawfully within the PREMISES. Specifically, Plaintiff's employer, Defendant Advanced Restoration, was hired and tasked to clean the solar panels on the roof of warehouse number 2 on the PREMISES. While performing the work, Plaintiff fell down through one of the skylights, which was a dangerous condition for lack of installment of any guidera...

Excerpt: ...e FAC alleges the following facts: “Plaintiff on or around 2019, made an inquiry into his benefits package our of CalPERS home office at Orange County in anticipation of his potential retirement. [¶] Plaintiff was shocked to learn that a warrant was issued on November 11, 2001, for $20,176.09 out of his account with the defendant without verbal or written authorization from Plaintiff as required by the Defendant's requirement. [¶] Plaintiff f...

Excerpt: ...for hearing on August 3, 2022. Without leave of Court, Plaintiffs filed untimely Oppositions on August 1, 2022. Although the Oppositions were due by no later July 21, 2022, the Court waived the procedural defect in the interests of judicial efficiency. (CCP §1005(b).) However, in fairness to the Moving Parties, the Court CONTINUED these matters to August 17, 2022 to provide Defendants with the opportunity to file Reply documents. The Court has n...

Excerpt: ...��) move to stay the action based on inconvenient forum pursuant to CCP § 410.30. On March 3, 2022, Plaintiffs Leonel and Jessie Aguino filed the instant complaint, alleging that they purchased a motor home from Defendants on March 30, 2019. Plaintiffs allege that Defendants failed to correct the defects in materials and/or workmanship that plagued the motorhome. The Complaint asserts a single cause of action for Violation of the Song-Beverly Co...

Excerpt: ...e time of Defendant's two settlement offers to determine if attorney's fees are available to Defendants under CCP § 998, for an award of Defendant's attorney's fees of either $2,875 for work after the 12/1/20 § 998 offer, or $6,075.00 for work after the 2/28/20 § 998 offer, and motion to vacate or tax Plaintiff's attorney award based on CC § 5975 is GRANTED in part. Defendant is entitled to recover attorney's fees in the sum of $5,450.00. Def...

Excerpt: ...ve Notice. Defendants SELECT PORTFOLIO SERVICING, INC. and US BANK, NA's Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This action for quiet title was filed on November 25, 2019. The operative Fourth Amended Complaint (“4AC”) 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 Cal. Civ. Code §2923.5); (3) Fraud; (4)...

Excerpt: ...he 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 other required allegations, the pro...

Excerpt: ...a minor by and through her GAL TIFFANY FARABAUGH; and TIFFANY FARABAUGH, an individual (collectively “Plaintiffs”) on January 27, 2021. On June 14, 2021, the operative Second Amended Complaint (“SAC”) was filed. The relevant facts, as alleged, are as follows: “On April 26, 2019, Defendant Somara Hang, the owner and manager of Defendant Jenny's Donuts, sold and handed 5-year-old, Plaintiff Skylar a Maruchan Instant Lunch noodle soup cup ...

Excerpt: ...ESCROW TODAY, INC. (“ESI”); and DALIA GODINEZ (“Dalia”) on May 6, 2021. On April 8, 2022, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part: “Lazaro W. Diaz (hereafter ‘Lazaro') opened escrow #87327-DA with ESCROW TODAY, INC. (hereafter ‘ETI') on August 3, 2020, for the purchase of real property described as: 919 Grace Street, Bakersfield, CA 93305 (hereafter ‘The Property').” (FAC �...

Excerpt: ...plaintiff to attend his five independent medical exams, noticed for August 17-18, 22-24, 2022, in California, pursuant to CCP §§ 2032.310, 2032.320(a), (d), and (e). “(a) In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is pa...

Excerpt: ...se of action. Moving party(s) to give notice. On November 15, 2021 Plaintiff Ismael Rivera (“Plaintiff”) filed a Complaint asserting causes of action for (1) deceit, (2) defamation, (3) IIED, (4) malicious prosecution, and (5) conversion/trespass to chattels against Defendants Enterprise Truck Rental, Inc. (“Enterprise”) and Franklin Paul Perkins (“Perkins”). The Complaint alleges in relevant part that Perkins, as an employee of Enter...

Excerpt: ...Complaint attached to the Moving Papers improperly includes a cause of action for violation of Civil Code § 51.9, which was previously sustained without leave to amend. Moving Party to give notice. Background This action was filed by Plaintiff Mykai Skinner by and through his guardian ad litem, Brenda Nonette on June 9, 2020. On January 20, 2022, the Court sustained without leave to amend Defendant Downey Unified School District's demurrer to th...

Excerpt: ... as follows: “At all times relevant hereto, [Plaintiff] has owned the real property commonly known as 13019 Cornuta Avenue, Downey, California 90242 (the ‘Property'). (Complaint ¶2.) “As of the date of filing this action, Plaintiff has paid Defendants $694,578 and the Project has not yet passed its framing inspection. To try and avoid confrontation and have the Project completed in a timely manner, Plaintiff made payments to Defendants ahe...