Excerpt: ...hether 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 balance of interim harm, unless there is some possibility that the plaintiff would ultimately prevail on the merits of th...

Excerpt: ...nt; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP 512.030.) The court is not in receipt of Plaintiff's proof of service showing that Defendant was served with a copy of the summons and complaint. Accordingly, the application is DENIED without prejudice. Merits If the proof of service is filed on or before the hearing, the following analysis applies: Upon the filing of the com...

Excerpt: ...und that they fail to state facts sufficient to constitute a cause of action. The Complaint alleges that Decedent Maude Fox is a victim of elder abuse, and died on June 21, 2020. (Complaint, ¶¶ 1-2.) Plaintiff Desiree Fox is Decedent's surviving child of Decedent. (Id., ¶ 6.) “In or around June of 2020, it was reported that approximately 25 cases of COVID-19 have been confirmed at Defendants' facility… [and its] employees began to fail to ...

Excerpt: ...o., 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, is barred by the Economic Loss Rule, and is uncertain. Plaintiffs Hugo Gonzalez and Diana Aleman allege that on December 23, 2021, Plaintiffs purchased a 2022 Honda Civic, which had a defective “Honda Sensing” system. (Complaint, ¶¶ 8, 11-14, 79.) After Plaintiff took possession of the vehicle, and...

Excerpt: ...n on the ground that they fail to state facts sufficient to constitute a cause of action. Plaintiff TM alleges that Plaintiff was a student at Walter Dexter Middle School when she was sexually abused and assaulted by her 8 th grade math teacher, Jason Krueger. (Complaint, ¶¶ 3, 5, 31.) Defendant Whittier City School District had notice, but failed to protect Plaintiff. (Id., ¶¶ 33, 36, 53.) Based thereon, the Complaint asserts causes of actio...

Excerpt: ...Motion is DENIED as to the Fourth Cause of Action. Moving party to give notice This action was filed on October 5, 2020. Plaintiff Dornetta Napier (“Plaintiff”), a security guard employed by Superior Protection Services CA, Inc. (“SPS”), brought this action against Camino Real Foods (“Camino”) when she was working on Camino's property and a gate fell on her. Plaintiff alleged causes of action for premises liability and general neglige...

Excerpt: ... compel arbitration pursuant to CCP § 1281.2. A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (CCP § 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived; groun...

Excerpt: ...-14. Plaintiffs' Objections to Lanphere's declaration are sustained as to Nos. 2, and 8- 9 and overruled as to Nos. 1, 3-7, and 10-13. Defendants' Objections to Ismael's declaration are overruled as to Nos. 1-13. Defendants' Objections to Jose's declaration are overruled as to Nos. 1-11. Defendants' Objections to Lucia's declaration are overruled as to Nos. 1-11. Defendants' Objections to Oscar's declaration are overruled as to Nos. 1-11. Defenda...

Excerpt: ...me of Tura Renee Faria (hereafter ‘FARIA') visited the premises of Defendants SNUG HARBOR… while in an obviously and observable intoxicated state. FARIA visited said premises to continue consuming alcoholic beverages and to retrieve her car keys. FARIA's car keys had previously been taken away from her and held by the Defendants, SNUG HARBOR… due to her level of intoxication on a separate date and said Defendants' voluntary decision to rend...

Excerpt: ...ecurity guards at the property where the accident took place, were injured when their motor vehicle struck an unseen concrete light pole base in the construction zone while they were patrolling the area. The concrete light pole base was constructed by co-defendant Command Performance Constructors, Inc., which had been been hired by co-defendant general contractor Lyle Parks. Procedural Background On December 7, 2016, Simeta filed a complaint alle...

Excerpt: ...tion: (1) Gender Discrimination; (2) Race Discrimination; (3) Discrimination based on Sexual Orientation; (4) Discrimination based on Religion; (5) Failure to Prevent Discrimination; (6) Harassment; and (7) Retaliation. The facts, as alleged, are as follows: Plaintiff began her employment with Defendant on or about February 27, 2017 as a school assistant security employee. (SAC ¶ 7.) Plaintiff is a Korean-American woman who is a Christian as wel...

Excerpt: ...R EAST, LLC; and ALL-WAYS FORWARDING INTERNATIONAL, INC.'s Motion to Strike Portions of Plaintiff's Second Amended Complaint is MOOT in part and DENIED in part. Opposing Party to give Notice. Defendants' Request for Judicial Notice is GRANTED. This action was filed by Plaintiff SAADIA SQUARE LLC (“Plaintiff”) on March 5, 2021. On September 22, 2022, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges the following re...

Excerpt: ... pertinent part: “This dispute concerns significant economic harm incurred by [Plaintiff] as a result of Defendant ALLWIRE, INC.'s (‘Defendant or ‘AllWire') faulty manufacturing of AllWire cable, and subsequent failure to TIMELY notify [Plaintiff] of the non-conformance which necessitated pulling and replacing all AllWire cable on four active projects undertaken by Rising Edge for Southern California Edison.” (FAC ¶1.) “On or about Oct...

Excerpt: ...ered on March 8, 2022 while awaiting the U.S. Supreme Court's decision in Viking River Cruises, Inc. v. Moriana is hereby LIFTED. Plaintiffs STEVE MATTA (“Matta”) and JOHANA MAZ GODINEZ (“Godinez”) (collectively “Plaintiffs') were employed by Defendant TITLEMAX OF CALIFORNIA, INC. (“TitleMax”). Godinez filed her Second Amended Complaint (“SAC”) on July 15, 2022. Matta filed his First Amended Complaint (“FAC”) on May 2, 2019....

Excerpt: ...nt to constitute a cause of action. The operative Fifth Amended Complaint (“5AC”) alleges that Defendant Onward Engineering is an agent of Defendant City of Santa Fe Springs. Defendant Daniel Reyes is an employee of Onward Engineering. Reyes, on behalf of himself and while acting in the course and scope of his employment with Onward Engineering as a project manager and agent for the city, wrongfully interfered with Plaintiff Kelterite Corpora...

Excerpt: ...The Complaint alleges that in early 2021, Defendant published bid documents as part of a solicitation of bids for a public works projects identified as “Electric Switchboard Replacement at Plant No. 3.” (Complaint, ¶ 6.) Plaintiff GA Technical Services Inc. (“GATS”) was the lowest responsible and responsive bidder on the Project, and entered into a written contract with Defendants for the Project for $412,800.00. (Id., ¶ 8.) GATS began ...

Excerpt: ...state facts sufficient to constitute a cause of action and is uncertain. The operative First Amended Complaint (“FAC”) alleges that on September 16, 202, Decedent Edit Martinez de Molina was admitted to Defendant's hospital for a knee replacement procedure. (FAC, ¶ 12.) On September 18, 2020, at 10:35 a.m. and 2:25 p.m., Decedent attempted to leave the bed without nursing assistance. (Id., ¶¶ 18, 21.) On September 18, 2020, at 4:55 p.m., D...

Excerpt: ... breach of contract action was filed by Plaintiff/Cross-Defendant WEST CENTRAL PRODUCE, INC. (“WCP”) on April 27, 2021. The operative Second Amended Complaint (“SAC”) alleges that Defendant/Cross-Complainant TERRY HELLER (“Heller”) signed a personal guaranty and is personally liable for the debts of his company, CLEVER CHKN 91403, LLC (“CCL”). (SAC ¶¶26-27.) The SAC asserts the following causes of action: (1) Breach of Contract;...

Excerpt: ...the instant action on August 9, 2021, alleging a debt owed by Defendant Avetisian in the sum of $27,971.91. The Complaint asserts causes of action for: 1. Open Book Account 2. Account Stated On November 15, 2021, default judgment was entered in favor of Plaintiff and against Defendant. On August 4, 2022, the court granted Defendant's motion to set aside default and default judgment. Initially, the court notes that Defendant's reliance on the Fede...

Excerpt: ... Los Angeles demurs to all 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 Plaintiff Luis Enrique Hernandez is a low-income homeowner who has an $88,000 tax assessment on his property for an accessory dwelling unit (ADU) that was never even started. (FAC, ¶ 1.) “The assessment on Plaintiff's property is the result of Los Ange...

Excerpt: ...osition to Defendant Kangavari's MSJ are STRICKEN. On June 10, 2022, this Court issued an Order indicating that Plaintiff would have leave to file a Sur-Reply if any deposition testimony from Plaintiff's opposing expert (Srinivasa) is presented in Reply. On August 12, 2022, Plaintiff filed a Motion for Taking Hearing Off Calendar stating that “Defendant Kangavari has withdrawn his Notice of Deposition and deposition subpoena of Ravi N. Srinivas...

Excerpt: ... 15, 2019. The parties exchanged about two rounds of discovery, including supplemental responses. Plaintiff's deposition, an inspection of the Subject Vehicle, and a deposition of Defendant and dealership personnel occurred. A Notice of Settlement was filed on June 22, 2022. Cal. Civ. Code §1794(d) states, “[i]f the buyer prevails in an action under [the Song Beverly Act], the buyer shall be allowed by the court to recover as part of the judgm...

Excerpt: ... attachment against Defendant VIRTUAL APPAREL, INC. in the sum of $60,615.00. 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...

Excerpt: ...S Beauty, Inc. pursuant to CCP § 473. Procedural Background This is a wrongful death action commenced on August 12, 2016 by Decedent Ji Oh's survivors against Teachers Insurance and Annuity Association of America (“TIAA”) and its property managers. The Complaint alleges that on March 7, 2016, Decedent Oh was dispensing a hair care product IBS sold, when the drum exploded and a fire engulfed decedent. IBS is wholly owned by CEO, Daniel Kim. O...

Excerpt: ... commercial liability insurer who tendered a defense for Plaintiff in one of the lawsuits between Eva Meneses, Edgar Fragoso, Century Law Group (“CLG”) and Plaintiff. (Complaint, ¶ 12.) Penn-Star refused Meneses, Fragoso, and CLG's policy limit demand and withdrew its defense of Plaintiff. (Id.) Plaintiff sued Penn-Star, and Penn-Star accepted Plaintiff's 998 offer for $1,995,000.00, despite being aware that CLG did not consent to the settle...