Excerpt: ...filed by Plaintiff BRYAN HAAS (“Plaintiff”) on June 7, 2022. Plaintiff's Complaint alleges the following pertinent facts, “On or about December 29, 2021, Plaintiff, along with his partner… James Sladeck, financed and purchased the Boat and a customer made trailer for approximately $139,000.00… from Commander Boats, a sole proprietor….” [¶] After Plaintiff purchased the Property from Commander Boats in December 2021, additional work...

Excerpt: ...nstitute a cause of action. Plaintiff Henry Aguila's operative First Amended Complaint (“FAC”) alleges the following relevant facts: Defendant Guinevere Malley had been the attorney for Plaintiff and Thee Aguila Inc. from 2012 – 2019. “In June of 2021 Plaintiff sought the assistance from Defendant Malley, with respect to her prior representation and legal fees paid to her in the Disparagement Suit. In particular, Defendant Malley was depo...

Excerpt: ...ices Inc. (“Damco”) demurs to all causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. This is an employment action. Plaintiff Saul Sanchez alleges that he was hired by Simplified Labor Staffing Solutions, Inc. on June 19, 2019 as a Loader. Plaintiff primarily worked for Defendant Damco. In February 2020, Plaintiff had surgery and took time off from work to recover. Plaint...

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 ...

Excerpt: ...to give notice. Defendant's request for judicial notice is GRANTED. Cal. Ev. Code §452 This products liability action was filed on June 7, 2019. The operative Third Amended Complaint (“TAC”) was filed on June 14, 2021. The TAC alleges that on December 4, 2017, Decedent GILBERT DOMINGUEZ (“Decedent”) was working at a trucking terminal owned and operated by Estes Terminals and suffered injuries due to being run over by a tractor manufactur...

Excerpt: ...ave to amend in part. Moving Party to give Notice. Defendant's Request for Judicial Notice is GRANTED. Cal. Ev. Code §452. This wrongful foreclosure action was filed by Plaintiff JESUS GARCIA on September 9, 2021. On April 27, 2022, the operative Second Amended Complaint (“SAC”) 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 ...

Excerpt: ...n is filed by Plaintiff SARAH MORALES, by and through her Successors-in- Interest, Richard P. Morales and Joel Morales Jr.; RICHARD P. MORALES individually; and JOEL MORALES JR., individually (collectively “Plaintiff”). Plaintiff alleges, in pertinent part, “MS. MORALES was a patient of WHITTIER HOSPITAL from December 18, 2020 until her discharge on January 8, 2021.” (Complaint ¶14.) “From December 31, 2020 to January 7, 2021, MS. MORA...

Excerpt: ...California, PC, and motion for summary adjudication is GRANTED as to Issues 1-2, 5, and 7-8, and DENIED as to Issues 3- 4, and 6. As triable issues remain, motion for summary judgment is DENIED. Moving Parties to give NOTICE. I. Joinder On March 24, 2022, Defendant Robert Half International Inc. (“Robert Half”) filed a motion for summary judgment or, in the alternative, for summary adjudication. On the same date, Defendants United HealthCare ...

Excerpt: ...thout leave to amend in part. Moving Parties to give NOTICE. On October 21, 2016, Plaintiff Belman filed a Complaint in Case No. VC065875 (“First Lawsuit”), alleging: “On or about April 6, 2016, plaintiff was beaten, assaulted, attacked and knocked unconscious by Mariel Garcia, Jesus Erasmo Garcia & Gizzella Cabrera… After plaintiff was attacked, she was terminated from her employment by the joint employers. [¶] Prior to April 6, 2016, p...

Excerpt: ... days. Reduced sanctions are imposed against Defendant Nekola and Attorney Chazen, jointly and severally, in the reasonable sum of $1,000.00, payable within 30 days. Moving Party to give NOTICE. I. Demurrer and Motion to Strike Cross-Defendant Gutierrez demurs to all causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. This is a contract action filed by Plaintiff Jennifer Gutierrez against Defen...

Excerpt: ...ment for a term ending on October 31, 2024. Defendant vacated the premises while an unlawful detainer action was pending between the parties, and Plaintiff recovered possession in late September 2021. Based thereon, the Complaint asserts causes of action for: 1. Breach of Lease 2. Common Count At the right to attach hearing, the court shall consider the showing made by the parties appeari ng and shall issue a right to attach order, which shall st...

Excerpt: ...July 1, 2022. Plaintiff NISSAN MOTOR ACCEPTANCE CORPORATION (“Plaintiff”) applies for writs of possession against Defendants MAGDALENO ORTIZ and ELIGIO ORTIZ pursuant to CCP §512.010. Notice Prior to the hearing, the defendant shall be served with all 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 ...

Excerpt: ... alleges that on October 16, 2020, at around 11:08 p.m., Plaintiff was a passenger in a vehicle operated by Defendant Adriana Serrano when their vehicle collided with Defendant Lexie Granados at an intersection. (First Amended Complaint (“FAC”), ¶¶ 1-3.) “As Plaintiff's vehicle and Granados' vehicle entered the intersection of Alondra Boulevard and Pioneer Boulevard on a green light, the traffic signals and street lights at the intersecti...

Excerpt: ... M. Patel, Gavini, R. Patel, Lee, and PGP Consulting, LLC demur to the 1 st – 2nd, and 5 th – 16 th causes of action in the Complaint filed by SK Enterprises Tax, LLC on the ground s that they fail to state facts sufficient to constitute a cause of action. Plaintiff SK Enterprises Tax, LLC filed the action to protect its proprietary, confidenti al and trade secret information. Plaintiff alleges that Defendants conspired to and di d take propr...

Excerpt: ...ailed to make payment on October 10, 2019. On August 4, 2021, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Defendant and Does 1-50 for: 1. Breach of Contract 2. Common Counts The Final Status Conference is set for October 14, 2022. Trial is set for October 28, 2022. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut throug...

Excerpt: ...of this Complaint, Plaintiff has filed over 10 complaints alleging a construction related accessibility claim.” (Complaint ¶8.) “Plaintiff went to the Business on or about March 9, 2022 for the dual purpose of shipping a package and to verify whether Defendants are now complying with the ADA and the UCRA. [¶] Unfortunately, although parking spaces were one of the facilities reserved for patrons, there were no designated parking spaces avail...

Excerpt: ...of dirt on Alameda Street, a public right of way without permission and without warning signs to the public. On April 9, 2017, Decedent Rodney Myers, Sr. rode his motorcycle straight into the dirt, causing his death. Based thereon, the FAC asserts causes of action for: 1. Negligence (v. Walsh Shea) 2. Negligence (v. HNTB) 3. Negligence (v. J.F. Shea Construction, Inc. 4. Negligence (v. Comstock Company (ARUP) 5. Premises Liability v. (City of Com...

Excerpt: ...pursuant to CCP § 437c. OBJECTIONS Cross-Defendant Arunas Zvinakevicius' Objection No. 1 to Gill Decl, Ex. F, No. 1 to Gill Decl, No. 1 to Hyde Decl., and Nos. 1-10 are overruled. “[A] ll written objections to evidence in support of or in opposition to a motion for summary judgment or summary adjudication must be served and filed at the same time as the objecting party's opposition or reply papers are served and filed. (CRC § 3.1354(a).) Cros...

Excerpt: ...�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 apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general.” (CCP �...

Excerpt: ...s lawfully in the building of the Rite Aid Store located at or near 15800 Imperial Highway in La Mirada, California, (hereinafter ‘the Premises') …. [¶] At said time and place, APRIL STOGNER… while acting within he course and scope of their employment for defendant RITE AID CORPORATION… granted Plaintiff access to the left most restroom, of the two restrooms at the PREMISES when walking into the restroom area from inside the Premises, (h...

Excerpt: ...��Following [a] probate distribution, which occurred on or about June 1, 2004, three siblings agreed to operate the Property as a joint venture….” (FAC ¶4.) “Before June of 2016 the plaintiff and his brother Mjomo, discovered that the defendant, STANLEY L. GUYNESS, was not acting in the best interests of the joint venture…. [P]laintiff brought suit in Los Angeles Superior Court, Case Number VC065648 against Defendant STANLEY L. GUYNESS s...

Excerpt: ...the Second Amended Cross-Complaint (“SAXC”) on the grounds that it fails to state facts sufficient to constitute a cause of action, and is uncertain. This action for breach of contract was filed on June 26, 2019. The operative Second Amended Cross-Complaint (“SAXC”) alleges the following relevant facts: “While Cross-Defendants represent to their clients that they have obtained WCI [worker's compensation insurance] on their behalf, they ...

Excerpt: ... by Plaintiff GRICELLI MONGE, an individual, and GRICELLI MONGE, as successor in interest for the estate of ORLANDO MANUEL RAMIREZ, Decedent (“Plaintiff”) on August 6, 2021. On October 18, 2021, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges the following relevant facts: “On or about August 6, 2020, Decedent went to Defendant Tweedy Medical Group for a routine angiogram procedure (the ‘Procedure').” (FAC ¶...

Excerpt: ...STER BUILDING, LLC (“Plaintiff”) on April 19, 2022. The relevant facts, as alleged, are as follows “On or about February 19, 2029, Lessee's obligations to pay rent and other charges under the Lease had commenced and all conditions for the commencement of rental and other charges had been met under the Lease. [¶] Lessee failed to vacate the Premises and/or remove all its personal property and/or all other occupants by the Expiration Date of...

Excerpt: ...f's Objection Nos. 1-2 are overruled. Defendants' Objection Nos. 1-12 are sustained. COMPLAINT The Third Amended Complaint (“3AC”) alleges that on August 18, 2018, at 10:30 p.m., Plaintiff Gerardo Arguello was driving a Yamaha R63 motorcycle in the leftmost southbound lane of Alameda Street. Plaintiff proceeded straight on Alameda street at the intersection of 92 nd Street, when he was hit by a Chevrolet P30 food truck driven by Defendant Mic...

Excerpt: ...laintiff Culinary pinto beans that were contaminated with foreign materials. The foreign materials were not detectable at the time of purchase. [¶] Plaintiff Culinary manufactured cooked beans with the contaminated pinto beans believing that the pinto beans were merchantable and fit for the purpose of making cooked beans. Plaintiff Culinary sold the finished food product to Defendant Sterling. Plaintiff has been informed and thereupon alleges th...

Excerpt: ...“SAC”) was filed. The relevant facts are as follows: “This case involves a fraudulent scheme perpetrated by Defendants designated to obtain a free veterinary consultation for both of their dogs. 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 exami...

Excerpt: ...y filed as of May 31, 2022. Due by May 25, 2022. This breach of contract action was filed by Plaintiff H MART NORWALK, LLC (“Plaintiff”) on January 23, 2020. On December 14, 2021, Plaintiff filed the operative Second Amended Complaint (“SAC”). The SAC asserts the following causes of action; (1) Breach of Lease; (2) Enforcement of Corporate Guaranty; (3) Fraudulent Inducement to Contract; and (4) Intentional Misrepresentation. Defendants g...

Excerpt: ...ne Hardy (“Plaintiff”) filed a Complaint alleging causes of action under (1) the Federal Employers' Liability Act (“FELA”) and (2) FELA negligence per se against Defendants BNSF Railway Company and Los Angeles Junction Railway Company (collectively “Defendants”). The Complaint alleges in relevant part that Plaintiff was injured when he stepped in a hole while at work. Defendants now move the Court for an order compelling Plaintiff to ...

Excerpt: ...ting forth facts as to the background and experience of the attorneys who worked on this action no later than June 13, 2022. Any supplemental opposition addressing the reasonableness of items in the billing statements must be filed no later than June 21, 2022. Any supplemental reply must be filed no later than June 27, 2022. Moving Party(s) to give notice. Background This is an action arising from a breach of a declaration of covenants, condition...

Excerpt: ... information concerning each other's expert trial witnesses to the following extent: (a) Any party may demand a mutual and simultaneous exchange by all parties of a list containing the name and address of any natural person, including one who is a party, whose oral or deposition testimony in the form of an expert opinion any party expects to offer in evidence at the trial.” (CCP §2034.210. (a).) “Within 20 days after the exchange…any party...

Excerpt: ...lectively “Plaintiffs”) on April 13, 2022. Plaintiffs allege, in pertinent part that “[i]n or about March of 2021, Plaintiffs and REYES enter[ed] into a partnership agreement wherein the rights and liabilities of the parties are specified with respect to the ASADERO business as the partnership's business.” (Complaint ¶15.) “Plaintiffs allege that since the execution of the Agreement, REYES has withdrawn as a positive and active partici...

Excerpt: ...ve 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; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) In opposition, De...

Excerpt: ...First Amended Complaint (“FAC”), Plaintiffs allege that on October 10, 2015, Wilson was electrocuted by a mal-functioning pediatric scale, which caused her to be thrown back twelve feet, strike her head, and lose consciousness. (FAC ¶9.) “Plaintiff WILSON suffered, and continues to suffer from, an extensive list of debilitating symptoms resulting from her traumatic brain injury, and cardiological irregularity secondary to electrocution, in...

Excerpt: ...ON is DENIED. The Alternative Motion for Issue and Evidentiary Sanctions is GRANTED. Monetary Sanctions are DENIED. III. Plaintiff H MART NORWALK, LLC's Second Motion for Terminating Sanctions as to Defendant SMART CHOICE SUPERMARKET is DENIED. The Alternative Motion for Issue and Evidentiary Sanctions is GRANTED. Monetary Sanctions are DENIED. IV. Plaintiff H MART NORWALK, LLC's Second Motion for Terminating Sanctions as to Defendant WSP GROUP C...

Excerpt: ...S for More than 7 Hours In its Moving Papers, Plaintiff KELTERITE CORPORATION (“Plaintiff”) seeks an additional four hours of deposition because “excessive amounts of time were wasted trying to get Reyes to provide responsive answers, and his counsel both engaged in numerous long speaking objections to nearly every question.” (Motion 11:17-19.) In Opposition, Defendant DANIEL REYES (“Reyes”) argues that Plaintiff has failed to meet it...

Excerpt: ...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 of the claim upon wh ich the attac...

Excerpt: ...mplaint is GRANTED with 20 days leave to amend. Opposing Party to give Notice. This action was filed on August 8, 2019. On April 7, 2020, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part, “MKIM is informed and believes and thereon alleges that CHANG created and maintained a set of falsified books and records for the purpose of showing MKIM with the intent to deceive her of S&H's true earnings, prof...

Excerpt: ... and 35. RPD No. 32: ANY and ALL discovery DOCUMENTS from any legal actions brought against YOU in the last 10 years. RPD No. 33: ANY and ALL pleadings from ANY legal actions brought against YOU in the last 10 years. “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 apply: ...

Excerpt: ...t to CCP §§ 435-436 from Plaintiffs Ibarra, et al.'s First Amended Complaint. On 1/6/21, Plaintiffs Ana Jimenez, Brenda Jimenez, and Edgar Jimenez (collectively Jimenez Plaintiffs) filed the lead action, Case No. 21STCV00562. The Jimenez Plaintiffs allege that Decedent Ma Esther Leticia Osyguss suffocated and died on December 1, 2020 due to a liquid nitrogen leak. The operative SAC was filed on 9/13/21, asserting causes of action for: 1. Wrongf...

Excerpt: ...lainant is in a suspended status, and further moves to strike punitive damages pursuant to CCP §§ 435-436. This breach of contract action was filed on March 13, 2020. On November 24, 2021, the subject Second Amended Cross Complaint (“SAXC”) was filed by Legendz Boxing (“Legendz”) against Cross-Defendants Urban Soccer 5 Center, LLC (“Urban Soccer”) and Yacine Bouharkat. Lgendz alleges that it runs a boxing gym on premises sub-leased ...

Excerpt: ...sine, Tawdrous, and Sarofeem move for summary adjudication pursuant to CCP § 437c. Objections Plaintiff's Objections to Shaver's Declaration Nos. 1, and 19-20 are sustained, and Nos. 2-18 are overruled. Plaintiff's Objections to Khalil Deposition Nos. 1-2 are overruled. Defendant's evidentiary Objection Nos. 1-5 are sustained. First Amended Complaint (“FAC”) Plaintiff Samia Khalil was an employee of Green Olive Mediterranean Cuisine (“Gree...

Excerpt: ...n the alternative, adjudication pursuant to CCP § 437c. Complaint On 7/3/19, Plaintiff Echavarria filed a Complaint against Defendants Pszyk, Panetta, and Pacific View Properties, LLC, alleging that Defendants caused injury when they attempted to evict her. The Complaint asserts causes of action for: 1. Negligence 2. Battery 3. NIED 4. Conversion 5. CC § 789.3 Summary judgment was granted in favor of Pszyk on October 27, 2020. Merits A defendan...

Excerpt: ... Order, the operative First Amended Complaint (“FAC”) was filed. On December 29, 2020, the Court signed the parties' Stipulation and Order re: First Amended Complaint filed on December 16, 2020. The Stipulation states that Plaintiff “strikes the First and Second Counts of the First Cause of Action for premises liability with only the Third Count for dangerous condition of public property remaining. It is further stipulated and agreed that a...

Excerpt: ...ants ELITE SIDE, INC. and HAKEM YUSEF HASSAN's Motion for Summary Judgment against Plaintiffs ROSARIO NOEMI CORTEZ SOTO DE CHUM; SANDY ARACELY CHUM CORTEZ; MYNOR JOSELITO CHUM CORTEZ, a minor, and through his GAL, Walter Chum; and PABLO GUSTAVO CHUM CORTEZ is DENIED. Opposing Party to give Notice. Defendants' Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This wrongful death action was filed by the wife and children of Decedent Pa...

Excerpt: ...h 10 days leave to amend in part. Opposing Party to give 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 Third Amended Complaint (“TAC”) asserts the following causes of action: (1) Unfair Competition (Viol. Of Cal. Civ. Code §17200 et seq.); (2) Violation of the Homeowners Bill of Righ...

Excerpt: ...PIAZZA FAMILY RESTAURANT, INC.'s Demurrer to the first and second causes of action was sustained with 20 days leave to amend. The fifth cause of action for vicarious liability was stricken. Plaintiff's First Amended Complaint (“FAC”) was filed on December 20, 2021. The FAC alleges the following relevant facts: “On March 29, 2019, the length of Plaintiff Susana Kosareff's entire body was struck and run over by a vehicle driven by Defendant A...

Excerpt: ...ive NOTICE. Defendants Lakewood Regional Medical Center, Mecano, and Daniels move for summary judgment, or in the alternative, summary adjudication pursuant to CCP § 437c. Objections Defendant's Objection No. 1 is sustained. Complaint The operative First Amended Complaint (“FAC”) alleges that on 12/22/18, while being treated at the Lakewood Regional emergency room department, Defendant Jesus Arteaga, who is a Lakewood Regional transporter, t...

Excerpt: ...t to CCP § 437c. OBJECTIONS Plaintiff's Objections are overruled. Defendant's Objection Nos. 1-12, 16-25 are sustained, and Objection Nos. 13- 15, 26-28 are overruled. Complaint The operative Fourth Amended Complaint (“4AC”) 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 sco...

Excerpt: ...Moving Party to give NOTICE. As an initial matter, Defendants Walsh Construction Company, and J.F. Shea Construction, Inc. were dismissed on April 13, 2022. Therefore, their demurrers are moot, and the court will only address arguments relevant to the remaining Defendant, Walsh Shea Corridor Constructors (“Walsh Shea”). Defendant Walsh Shea demurs to the Complaint on the grounds that this incident has already been litigated in a court with ex...