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: ...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: ...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: ...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: ...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...