Excerpt: ...ay, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. (CCP § 1008.) The legislative intent was to restrict these motions to circumstances where a party offers the court some fact or circumstance not previously conside...

Excerpt: ... whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. (CCP § 1008.) The legislative intent was to restrict these m...

Excerpt: ...nswers within 10 days. Opposing Party to give NOTICE. Defendants Inclusion Services, LLC and Inclusion Specialized Supported Living Services, LLC demur to the 2 nd and 3 rd causes of action on the ground that it fails to state facts sufficient to constitute a cause of action. The First Amended Complaint alleges that on 1/24/19, Plaintiff Gloria Valles was on her driveway of her residence and while exiting the driver's side of her vehicle, she was...

Excerpt: ...entioned, Defendants, and each of them, were and are in the business of, and prior to January 25, 2017, and continuing, did design, manufacture, assemble, inspect, endorse, draft, test, fail to warn, franchise, supply, sell, lease, certify, distribute, market, install, repair, service, modify, implant and place into the stream of commerce the subject formaldehyde, formaldehyde-based products and products containing formaldehyde including, but not...

Excerpt: ...re DENIED. “Although the existence of statements contained in a deposition transcript [or declaration] filed as part of the court record can be judicially noticed, their truth is not subject to judicial notice.” (Big Valley Band of Pomo Indians v. Sup. Ct. (McAllister) (2005, 1 st Dist., Div. 2) 133 Cal.App.4th 1185, 1191.) This products liability action was filed by Plaintiff BENJAMIN C. WATSON (“Plaintiff”) on May 24, 2018. Plaintiff al...

Excerpt: ...ng fees for what would be the remaining seven motions. The following Order will take effect upon the filing of the proof of payment of the fees: Plaintiff Jane Doe's motion to compel Defendants to (1) respond to Plaintiff's written discovery and (2) produce Laura Pantoja for deposition is GRANTED. Defendants Miguel Pantoja and Healing Therapy Spa, Inc. are ORDERED to serve responses without objections within 20 days. The truth of the matters in P...

Excerpt: ...nd email accounts of Plaintiffs Paul Mercer and Joseph Rossini for forensic inspection pursuant to CCP § 2031.320. CCP § 2031.320(a) provides, “ If a party filing a response to a demand for inspection, copying, testing, or sampling… thereafter fails to permit the inspection, copying, testing, or sampling in accordance with that party's statement of compliance, the demanding party may move for an order compelling compliance.” Caremore's Cr...

Excerpt: ...e facts sufficient to constitute a cause of action. The Complaint, filed on 5/4/21, alleges that Plaintiff Olga Flores (“Olga”) and Defendant Pedro Flores (“Pedro”) were in the process of a divorce action (Case No. 20WHFL00394). Pursuant to divorce proceeding, Pedro was not permitted to sell the parties Los Angeles and Palmdale properties without Court order or written agreement. Olga and Pedro were the joint owners of the properties unde...

Excerpt: ...LENE GARCIA, and J.J., a minor, by and through his guardian ad litem, MARLENE GARCIA on October 11, 2017 (“Plaintiff”). On March 28, 2018, the operative First Amended Complaint (“FAC”) was filed. The relevant facts, as alleged, are as follows: “J.J. has been diagnosed with Down Syndrome and has been eligible for special education at WHITTIER CITY SCHOOL DISTRICT since July 2007. J.J. has intellectual disability that requires increased s...

Excerpt: ...f discovery. Plaintiffs filed a Motion to Compel Further Discovery Responses, which was denied. Plaintiffs also filed a Motion to Reopen Discovery, which was also denied. The case settled on June 2, 2021. 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 judgment a sum equal to the aggregate amount of costs and expenses, includin...

Excerpt: ...rt notes that in addition to the subject Demurrer and Motion to Strike herein, there are 4 other substantively similar Demurrers and Motions to Strike set for hearing—2 on November 9, 2021; 1 on November 30, 2021; and 1 on January 6, 2022. If all parties appear for the subject hearing and stipulate to have the later scheduled demurrers and motions to strike advanced and heard on this date, the Court can hear oral argument, vacate the future hea...

Excerpt: ...t to CCP § 473(d) is CONTINUED. The court will hear from the parties regarding a continuance date. Opposing Party to give NOTICE. Defendants Belmont Acquisitionss Corp. (“Belmont”) and 12 ReTech Corp. move to be relieved of default pursuant to CCP § 473(d). The court notes that Defendants do not seek relief on any of the discretionary provisions under CCP § 473(b), mandatory relief based on attorney fault, equitable relief, or that they we...

Excerpt: ...n the ground that they fail to state facts sufficient to constitute a cause of action. This action for Quiet Title was filed by Plaintiff South Gate Investment Group, Inc. (“SGIG”) against Defendant City of South Gate (“City”). Plaintiff's predecessor, California Truck Sales, purchased the property on 9/26/95. In 1997, the City Supervisor informed California Truck Sales that it would be required to install a wrought-iron fence and poles a...

Excerpt: ...ict”), Estrada-Segoviano, and Thorne move for summary judgment, or in the alternative, for summary adjudication of issues pursuant to CCP § 437c. EVIDENTIARY OBJECTIONS Defendant's Objections to Breeland Declaration are sustained as to ¶ 3, overruled as to the remaining paragraphs. COMPLAINT The operative complaint is the First Amended Complaint (“FAC”) filed on December 4, 2019. Plaintiff Breeland alleges that she was discriminated again...

Excerpt: ...de pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper, strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436.) The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the co...

Excerpt: ...l, 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 proceeding was taken. (CCP § 473(...

Excerpt: ...o “restructure the Separate Statement to comply with the Rules of Court…. Asking the Court (and defense counsel) to sort through that, along with the additional reams of improper documents and arguments filed with the Opposition, simply should not occur. Plaintiffs should focus the Separate Statement, something they do not do.” (Reply 2:11-14.) The Court agrees. Plaintiffs' Separate Statement includes numerous irrelevant background facts, l...

Excerpt: ...YLE PARKS JR. CONSTRUCTION, INC.'s Motion to Strike Portions of the First Amended Cross-Complaint-in-Intervention of Cross-Complainant-in-Intervention ALLIED WORLD SURPULS LINES INSURANCE COMPANY on behalf of Security Protection Services, Inc. is GRANTED with 15 days leave to amend. Opposing Party to give notice. LYLE PARKS JR. CONSTRUCTION, INC.'s Request for Judicial Notice of the Express Indemnity Agreement between LYLE PARKS and COMMAND PERFO...

Excerpt: ...endant 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 Complaint ¶¶9-11.) 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.” (Complaint ¶12.) Plaintiff's Complaint asserts the following c...

Excerpt: ... 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. Superior Court (2006) 141 Cal.App.4th 1452, 1481.) This wrongful foreclosure action was filed by Plaintiff JESUS G...

Excerpt: ...y irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436.) The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice (e.g., the court's own files or records). (CCP § 437.) Generally, each party pay...

Excerpt: ...and punitive damages is DENIED. Motion to strike attorney's fees and treble damages is GRANTED with 10 days leave to amend. Moving Party to give NOTICE. I. Demurrer Defendant Rediger Investment Mortgage Fund (“Rediger”) demurs to the 4 th – 7th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. Plaintiff Peter Norwich filed the instant action on 3/6/20, which has been amended twice pursu...

Excerpt: ... 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 to serve a timely response was the result of mistake, inadvertence, or excusable neglect…. (c) The court shall make this order, unless it f...

Excerpt: ...the court must balance the public policy favoring settlements with that favoring equitable sharing of costs among tortfeasors. To do so, the settlement must be within the reasonable range of the settling tortfeasor's share of liability for the Plaintiff's injuries, taking into consideration the facts and circumstances of the particular case. (Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499.) The Tech-Bilt court set forth ...

Excerpt: ...jections to the Declaration of Pamela Tuzzolino Nos. 1-4 are OVERRULED. Defendants WINDSOR TWIN PALMS HEALTHCARE CENTER LLC; S&F MANAGEMENT COMPANY, LLC; and WINDSOR OMG HOLDING COMPANY II, LLC (collectively “Defendants”) argue that: (1) there is a written agreement between Plaintiffs and Defendants providing for arbitration of all disputes arising out of or relating to Decedent's admission to Windsor Artesia; and (2) that the Federal Arbitra...

Excerpt: ...s barred by the statute of limitations. This Marvin action was filed by Plaintiff Mari Alvarez (“Mari”) on 3/4/21, and was amended as of right. The operative First Amended Complaint alleges that Mari and Christian were married in 1998, but divorced one another on 7/26/07. (FAC, ¶ 7.) “Thereafter, the parties reconciled in January 2008 and purchased a home together in November 2010.” (Id., ¶ 8.) “In or about 2008, Plaintiff and Defenda...

Excerpt: ...as Weeks filed a Supplemental Declaration on 8/11/21, purporting to attach a modified proposed Answer reflecting his representation of City Wide Transportation, but that Answer was not attached to the declaration. Although Defendant City Wide Transportation did not move to set aside its default, Defendant City Wide Transportation is a dba of Defendants Eric and Oralia Banuelos, and it appears that counsel will be representing City Wide Transporta...

Excerpt: ...o all causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action. This action was filed by Plaintiff Skinner by and through his guardian ad litem, Brenda Nonette on 6/9/20, and was amended as of right. The operative First Amended Complaint alleges that Skinner was an invitee of Defendant Downey High School on 1/14/20, when he was summoned to the boys gymnasium by another student where 20 or more stude...

Excerpt: ...California Regional Water Quality Control Board, Los Angeles Region (“Water Board”) moves for a preliminary injunction, requiring Defendants Mitchell Investors, LLC and Rafiel Shahbazian to comply with the Cleanup and Abatement Order (“CAO”) and immediately continue the Health and Safety Systems' on-Site and off-Site vapor intrusion mitigation efforts. Defendants' evidentiary objections to Carrasco's Declaration are overruled. In deciding...

Excerpt: ... November 19, 2020. The Complaint asserts causes of action for: (1) Breach of Written Contract; (2) Fraud; (3) Negligent Misrepresentation; (4) Disgorgement for Violation of B&P §7031; and Negligence. On December 28, 2020, the subject Cross-Complaint was filed by Defendant/Cross-Complainant (“Cross- Complainant”) KHANH DINH LAI (in pro per). The Cross-Complaint alleges, in pertinent part, “[Cross- Defendants] are negligent in entering cont...

Excerpt: ...d on September 8, 2021. (CCP §437c(a)(2).) Notwithstanding Plaintiffs' tardy Opposition, Defendants were still able to submit a Reply prior to the hearing. Consequently, given the lack of prejudice to Defendants, and in the interests of judicial efficiency, the Court elects to waive the procedural defect and will consider the Opposition as though it were timely filed. This action was filed by Plaintiffs AGUSTIN FRAYDE and MARGARITA FRAYDE (colle...

Excerpt: ... pending before this Court is whether to issue a preliminary injunction. To summarize, Plaintiff seeks injunctive relief to prevent Defendant from using/destroying Plaintiff's confidential information and property; as well as to order Defendant to physically turn over computers, electronic files, and keys to Plaintiff's premises that are still in Defendant's possession. A preliminary injunction is to preserve the status quo pending a trial on the...

Excerpt: ...everally, in the reasonable sum of $1,000.00, payable within 30 days. II. Plaintiff H Mart Norwalk, LLC's unopposed motion to compel further responses to requests for production to Smart Choice Supermarket, Inc., Set One is GRANTED. Defendant Smart Choice is ordered to serve supplemental responses within 15 days. Sanctions are imposed against Defendant Smart Choice and counsel, jointly and severally, in the reasonable sum of $2,760.00, payable wi...

Excerpt: ...ue, evidentiary, or terminating sanctions pursuant to CCP § 2023.010. 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 court may impose are such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but the...

Excerpt: ...1. 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 judgment a sum equal to the aggregate amount of costs and expenses, including attorneys fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Here, there i...

Excerpt: ...NG, a minor by and through his GAL; and LEANNE HUANG, a minor by and through her GAL on February 28, 2020. On June 18, 2020, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part, “Plaintiffs Xishi Tan, Liam Huang, and Leanne Huang (hereinafter ‘Plaintiffs'), who are, respectively, the surviving spouse and children of Huolin Huang, suffered catastrophic loss and irreparable injury when Huolin Huang wa...

Excerpt: ...ies, Inc. demur t the 1 st – 6 th and 8 th – 9 th causes of action on the ground that they fail to state facts sufficient to constitute causes of action. JUDICIAL NOTICE is taken of Defendant's exhibits. (Ev. Code §452.) Plaintiff, in pro per, commenced this lawsuit on 2/14/20. The complaint has been amended multiple times, culminating in the operative Fourth Amended Complaint (“4AC”). Plaintiff alleges that Plaintiff was hired by Defend...

Excerpt: ...es breached California Government Code §1090, breached his fiduciary duties to the City, violated Labor Code §2860, and committed Fraud and Breach of Contract on the City. City presents the following evidence: Between 1992 to 1997, Robles was an elected member of the South Gate City Council (“City Council”). (UF 5). During his City Council tenure, Robles also served as the City's mayor from 1994 to 1997. (UF 6). In 1997, Robles was elected ...

Excerpt: ...f Process claim, and otherwise DENIED as to all remaining claims. III. Cross-Defendant Francisco Cerna's demurrer to cross-complaint is OVERRULED. IV. Cross-Defendant Maria Cerna's demurrer to cross-complaint is OVERRULED. V. Cross-Defendant Maria Cerna's motion to strike portions of cross complaint's request for punitive damages and attorney's fees is GRANTED. The court is inclined to deny leave to amend, but will hear from Cross-Complainants. O...

Excerpt: ...e relevant facts, as alleged, are as follows: “In 2013 Plaintiff was accepted to Defendants' Masters program in Acupuncture and Oriental Medicine program. [¶] After accepting Plaintiff to its Masters program, in order to lure Plaintiff's [sic] into its new and fledgling Doctorate program in Acupuncture and Chinese Medicine (DACM), in or about 2013, Defendants' representatives…during a meeting on its campus, in person, told Plaintiff that she...

Excerpt: ...djudication pursuant to CCP § 437c. EVIDENTIARY OBJECTIONS Plaintiff's Objections to the exhibits attached to McDaniels' Declaration are overruled. FIRST AMENDED COMPLAINT The operative First Amended Complaint (“FAC”) alleges that on 3/18/17, while in the course and scope of employment, Plaintiff Nolan Van Havermaat was directed by Defendants to install a sign using a scaffold. Plaintiff lost his footing and fell through an open hole of the ...

Excerpt: ...o Give Notice. This product liability action was filed 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 that had been filled just been filed to its brim with boiling h...

Excerpt: ...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 provisions o...

Excerpt: ...�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 judgment a sum equal to the aggregate amount of costs and expenses, including attorneys fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Here, there is no dispute that P...

Excerpt: ...ing Party to give Notice. This action for partition of real property was filed by Plaintiff/Cross-Defendant JEREMY RIVARDE (“Rivarde”) on March 10, 2021. On April 27, 2021, the Subject Cross-Complaint (“X-C”) was filed by Defendant/Cross-Complainant GABRIELA RUIZ (“Ruiz”). The X-C alleges, in pertinent part, “Wanting to make sure that their family home stayed within the family and would be kept by RUIZ, Norma Ruiz agreed to sell the...

Excerpt: ...g of an appeal shall not stay enforcement of the judgment or order in cases not provided for in Sections 917.1 to 917.8, inclusive, if the trial court, in its discretion, requires an undertaking and the undertaking is not given, in any of the following cases… (1) Appellant was found to possess money or other property belonging to respondent. (2) Appellant is required to perform an act for respondent's benefit pursuant to judgment or order under...

Excerpt: ...for summary adjudication of issues pursuant to CCP § 437c. EVIDENTIARY OBJECTIONS Plaintiff's Objections to Lopez's Declaration are overruled as to Nos. 1- 5. Plaintiff's Objection to Lopez's Amended Declaration is overruled as to No. 1. Plaintiff's Objections to Vargas's Declaration are overruled as to Nos. 1-4. Defendant's Objections to Plaintiff's evidence are overruled as to Nos. 1-21. COMPLAINT The operative complaint is the Second Amended ...

Excerpt: ... on December 7, 2020. Responding Party/Defendant SAID BRAL died on April 20, 2021. (See Notice of Death FILED on May 11, 2021.) In Reply, Plaintiff agrees that the Motion is rendered MOOT because it would be impossible to compel Defendant BRAL to provide further responses. However, Plaintiff maintains that the Court should exercise its discretion pursuant to CRC 3.1348 and award sanctions in favor of Plaintiff due to the Deceased Defendant's fail...

Excerpt: ...'s (in its capacity as insurer of Cross-Defendant SECURITY PROTECTION SERVICES, INC.) Motion for Summary Judgment or alternatively Summary Adjudication against Cross-Defendant/Cross-Complainant COMMAND PERFORMANCE CONSTRUCTORS, INC. and Defendant/Cross-Complainant LYLE PARKS JR., INC.'s Third Amended Cross-Complaint. is DENIED. Opposing Party(s) to give Notice. This personal injury action was filed on December 7, 2016. Plaintiffs SIMETA and PEREZ...

Excerpt: ...tion on the grounds that they fail to state facts sufficient to constitute a cause of action, misjoinder, prematurity, and uncertainty. As an initial matter, the court finds that the filing of the demurrer was timely. Defendants filed the demurrer on 4/13/21, but the clerk rejected the filing for technical reasons. (See People v. Financial Casualty & Surety, Inc. (2017) 14 Cal.App.5th 308, 315; United Farm Workers of America v. Agricultural Labor...

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: ... Plaintiffs GILBERT DOMINGUEZ (“Decedent”) and CLAUDIA DOMINGUEZ on June 7, 2019. On December 21, 2020, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges, in pertinent part: “On or about December 4, 2017, decedent GILBERT DOMINGUEZ was working at a trucking terminal owned and operated by Defendants…. Without warning, a yellow 2014 ACTT terminal-tractor bearing fleet number 849270… and being driven by another ...

Excerpt: ...filed. The SAC alleges the following facts: “On May 16, 2017, plaintiff was on defendants' premises working out when defendant FITNESS's employee TALAVERA approached plaintiff in a hostile and menacing manner and accused plaintiff of disturbing another customer by making noise while working out, which plaintiff denied; and that, due to the hostile and menacing comportment of TALAVERA, plaintiff took out his cell phone to record the confrontatio...

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...

Excerpt: ...h, and 19 th – 21 st causes of action. Plaintiff Southern California Land Development Consultants, Inc. alleges that it provided Defendants with Entitlement and Engineering services. Defendants failed to pay Plaintiff. The Second Amended Complaint (“SAC”) asserts causes of action for: 1. Breach of Contract (Burke Street Project) 2. Quantum Meruit 3. Account Stated 4. Book Account 5. Breach of Contract (San Bernardino Rd.) 6. Quantum Meruit ...

Excerpt: ... was filed by Plaintiff on March 3, 2020. The relevant facts, as alleged, are as follows: “Plaintiff's mother owned the property until it was (improperly) transferred to the sole name of Defendant Arana. Plaintiff alleges that Plaintiff himself has paid the mortgage on the Property from at least the year 2011 to the date hereof; the mortgage was in the name of Plaintiff's mother, but Plaintiff paid all of the mortgage payments, and also paid fo...

Excerpt: ...hearsay statements contained therein. Cal. Ev. Code §452. Plaintiff, I.H., a minor by and through his GAL, Nancy Castellanos, filed this action against Defendants on September 11, 2019. Plaintiff's FAC, filed on February 18, 2020, asserts the following causes of action: (1) Negligent Supervision/Failure to Protect; (2) Negligent Hiring, Retention, and Supervision; and (3) Intentional Infliction of Emotional Distress. Plaintiff's claims arise out...

Excerpt: ...elevant and improper allegations pursuant to CCP § 435. The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper, strike out any irrelevant, false, or improper matter inserted in any pleading or strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (CCP § 436.) The grounds for a motion to ...

Excerpt: ...to the 1 st – 3 rd causes of action on the ground that they fail to state facts sufficient to constitute causes of action. Plaintiff Gloria Valles alleges that on 1/24/19, Plaintiff was on her driveway of her residence when she tried to exit the driver's side of her vehicle when she was physically attacked by Doe 1, who was under the care and custody of Defendants Inclusion Services, LLC and Inclusion specialized Supported living Services, LLC....

Excerpt: ... th – 20 th causes of action on the grounds that the claims fail to state facts sufficient to constitute causes of action and are uncertain. Plaintiff Southern California Land Development Consultants, Inc. provided Defendants with Entitlement and Engineering services. Defendants failed to pay Plaintiff. promised to pay Plaintiff. The Second Amended Complaint (“SAC”) asserts causes of action for: 1. Breach of Contract (Burke Street Project) ...

Excerpt: ... 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 2015 Nissan Sentra vehicle suffers from various defects, including the Transmission Defect; that Defendant has been unable to repair the vehicle withi...

Excerpt: ...as filed. The FAC alleges, in pertinent part, “Prior to Emilia Cobian's passing, on November 21, 2018, Emilia Cobian caused to be executed a Grant Deed that identified the subject properties address but contained an inaccurate description and transferred her interest to Yisell Hernandez. [¶] Plaintiff further alleges that Emilia Cobian and Sofia Cobian agreed that prior to Emilia's passing, Sofia Cobian would sign over and quit claim her name ...

Excerpt: ...wing facts are alleged, “On April 13, 2019, plaintiff was an on-duty fireman for the County of Los Angeles…. At approximately 8:00 a.m., plaintiff reported to his captain, defendant SAMPAUL LIAU, that he was not feeling well and also was experiencing a recurrence of a skin condition commonly described as ‘hives.' Plaintiff requested permission to leave the fire station and travel a short distance to a medical office where he could receive e...

Excerpt: ...Plaintiff Rental Acquisitions LLC is a commercial acquisition consultant providing “Finder” services by introducing interested sellers to buyers. On 6/21/17, Plaintiff's principal, Fred Hageman, met Defendant Ernie Quijada (of Defendant King Equipment LLC). Quijada offered a $1 million finder's fee to be paid to Plaintiff upon the sale of King to a buyer introduced to King by Plaintiff. Hageman agreed to a $1 million flat rate finder's fee. O...

Excerpt: ...is GRANTED. Moving Party to give NOTICE. Defendant Downey Unified School District demurs to the 3 rd and 6 th causes of action on the ground that they fail to state facts sufficient to constitute causes of action. Plaintiff Bjorn Torrecillas alleges that he was molested by Defendant Andy Magana, a custodian and employee of Defendant Downey Unified School District (“District”) when he was seven years old, at the Aspire after school program, wh...

Excerpt: ...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. Once met, the burden then shifts to the Defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. (CCP § 437c(p)(1).) Plaintiff's complaint alleges that Plaintiff had property stolen from it by Erick Garcia, who sold the stolen property to Defenda...

Excerpt: ...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 his 2015 Nissan Altima suffers from widespread defects including a transmission defect, and Nissan refused to repurchase the vehicle. The ...

Excerpt: ... to gain jurisdiction over a party that party must be properly served with the summons and complaint. Plaintiff filed a proof of service on January 4, 2021 showing personal service by a registered process server on December 29, 2020. The proof of service supports a presumption of valid service. (Cal. Ev. Code §647.) Here, Defendant (in pro per) submits her declaration under penalty of perjury stating that she “was allegedly served by personal ...

Excerpt: ...nts' Request for Judicial Notice is GRANTED. Cal. Ev. Code §452. This intentional tort action was filed by Plaintiffs MIGUEL ROJAS HERNANDEZ and GUADALUPE ROJAS (“Plaintiffs”) on February 2, 2017, and arises out of a February 8, 2015 incident where Plaintiff Miguel Hernandez Rojas was attacked by two unknown assailants with a glass beer bottle at the El Potrero nightclub. On August 7, 2020, the operative Third Amended Complaint (“TAC”) w...

Excerpt: ... Tuesday, 5/25/21 at 2:30 pm in Dept. C. Moving Parties to give NOTICE. I. Bifurcate Proceedings and JOP Plaintiffs James and Benita Waltz moves to bifurcate their claim for an order granting a partition by sale from the issue of distribution of proceeds from the partition pursuant to CCP § 1048(b). “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a ...

Excerpt: ...ranting leave to amend. Moving Party to give NOTICE. I. Demurrer Defendant Hyundai Motor America demurs to the Complaint on res judicata grounds, and additionally demurs to the 5 th causes of action on the ground that it fail to state facts sufficient to constitute a cause of action. Defendant's Request for Judicial Notice is GRANTED. (Ev. Code § 452.) Plaintiffs Jose and Elizabeth Campos's claims are based on violations of the Song-Beverly Act ...

Excerpt: ...RPORATION (“Screamline”) moves to stay, or in the alternative, consolidate this unlawful detainer action (20NWCV00022) (“UD action”) with the earlier filed (unrelated) civil action (“Civil action”) for declaratory relief (20NWCV00581). Motion to Stay: “[T]he trial court has the power to consolidate an unlawful detainer proceeding with a simultaneously pending action in which title to the property is in issue. That is because a succe...

Excerpt: ...TANA; and ELIJAH VILLASENOR (a minor, by and through his Guardian ad Litem, EDITH TELLEZ) (collectively “Plaintiffs”) on September 18, 2018. The relevant facts, as alleged, are as follows: “On or about March 20, 2018, Defendants' employee found 46-year-old Marisol Tellez Santana (‘Decedent') lying motionless on Defendants' property, located at 13530 Rosecrans Ave, Santa Fe Springs, CA 90670 (‘Subject Premises')…. A short time later, a...

Excerpt: ...edly slipped and fell while walking between aisles 18 and 19 of a Walmart Superstore located at 40130 10th Street, West Palmdale, CA. On December 22, 2020, Plaintiff filed a Complaint against Defendants Walmart Claims Management Inc. and AR Claims Management Inc. for negligence. On April 9, 2021, Defendant Walmart Inc. filed the instant Motion to Strike Punitive Damages from Plaintiff's Complaint. Plaintiff filed an opposition on April 29, 2021. ...

Excerpt: ...to exercise the jurisdiction it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere. [Citations].” (Stangvik v. Shiley, Inc. (1991) 54 Cal.3d 744, 751.) The doctrine has been codified in Code of Civil Procedure section 410.30. “The inquiry is whether ‘in the interest of substantial justice an action should be heard in a forum outside this state.' ” (Animal Film, LLC v...

Excerpt: ... that her teacher, Defendant Hector Rodriguez, harassed, abused, molested, assaulted, and battered her. On January 1, 2020, Plaintiff filed a First Amended Complaint alleging causes of action for (1) assault and battery; (2) negligence; (3) Penal Code § 11166; (4) Civil Code § 51.9; (5) Education Code § 220; (6) Civil Code § 1708.5; and (7) Intentional Infliction of Emotional Distress. On October 27, 2020, the Court sustained with leave to am...

Excerpt: ...es that her teacher, Defendant Hector Rodriguez, harassed, abused, molested, assaulted, and battered her. On January 8, 2020, Plaintiff filed a First Amended Complaint alleging causes of action for (1) assault and battery; (2) negligence; (3) Penal Code § 11166; (4) Civil Code § 51.9; (5) Education Code § 220; (6) Civil Code § 1708.5; and (7) Intentional Infliction of Emotional Distress. On October 27, 2020, the Court sustained with leave to ...