Excerpt: ...etween Plaintiff ZARATE CONSTRUCTION, INC. (“Zarate”) and Defendant BELLA CASA DEVELOPMENT CORP. (“Bella Casa”), Bella Case brought a motion to Dismiss Zarate's Demand in Arbitration pursuant to Bus. & Prof. Code §7031 on the basis that Zarate was acting outside the scope of its California Contractor's license classification to perform the scope of work as set forth in its contract with Bella Casa. Bella Casa's Motion to Dismiss was DENI...

Excerpt: ...MIRANDA (“Plaintiff”) against Defendant AMINI INNOVATION, CORP. (“Defendant”). Plaintiff alleges that Defendant engaged in age discrimination. Specifically, Plaintiff alleges that she was discriminated against, due to her age, whenever a co-worker, “Esmerelda” complaint against her. The Second Amended Complaint “SAC” asserts the following causes of action: (1) Discrimination (Gov. Code §12940); (2) Harassment (Gov. Code §12940);...

Excerpt: ...On September 15, 2020, the operative Third Amended Complaint (“TAC”) was filed. Plaintiffs allege the following facts, “In or around May, June, and July of 2016, Defendants contacted the then-Trustee for Plaintiff ESTATE OF VICTOR ASAWA and promised that it (the trust) would receive rebates and tax incentives due to the Home Energy Renovation Opportunity (‘HERO') program, if Plaintiffs hired Defendants to install roofing, solar, and heati...

Excerpt: ... the Subject Property. Plaintiff is a medical health provider, and currently operates a Program for All Inclusive Care of the Elderly (“PACE”) at the Subject Property. Plaintiff alleges that, “Plaintiffs' operation requires that the clinic be sterilized and always disinfected. An attempt to gain access for a prospective tenant and evict Plaintiff without an opportunity to relocate poses a threat to the staff, employees and most importantly ...

Excerpt: ...031.310 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 his 2018 Nissan Rogue suffers from widespread defects including a powertrain defect, and Nissan refused to repurcha...

Excerpt: ...emain, motion for summary judgment is DENIED. Plaintiffs to give NOTICE. I. Scale-Tronix's MSJ/MSA Defendant Scale-Tronix, Inc.'s motion for summary judgment, or in the alternative, summary adjudication is GRANTED. Plaintiffs filed a Notice of Non- Opposition on 4/13/21. II. Kaiser's MSJ/MSA Defendant Kaiser Foundation Hospitals (Doe 2) (“Kaiser”) moves for summary judgment, or alternatively summary adjudication, pursuant to CCP § 437c. Evid...

Excerpt: ... 187. “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal. App. 4th 1484, 1489; CCP §§ 128 and 187.) An earlier-filed PAGA action, Parker v. Fashion Nova, Inc., et al., Case No. BC709650, was recently settled. The settlement covered all individuals assigned to work at Fashion Nova by staffing company Adecco, whic...

Excerpt: ...fendant's Objections 1-6 are overruled. Complaint Plaintiff Friendly Franchisees Corporation (“FFC”) was founded in 1986 by Harshad Dharod. FFC manages and operates Carl's Jr. franchises. In 2003, FFC hired Defendant Parth Mehta to oversee the IT department. In 2012, Plaintiffs Second Star Holdings LLC (“Second Star”) and Third Star Investments LLC (“Third Star”) were formed to operate certain Carl's Jr. locations. Mehta was granted 5...

Excerpt: ...motion that she may properly make is one to set aside the default. As Defendant's default has been entered, and not yet set aside, the Court has lost jurisdiction to address any action by the defaulted Defendant other than a motion to vacate entry of default. (See W.A. Rose Co. v. Municipal Court for Oakland-Piedmont Judicial Dist. (1959) 176 Cal.App.2d 67, 72.) In any event, given the Court's ruling herein, Defendant's request to quash or recall...

Excerpt: ...ndants…failed to use reasonable care to perform timely and appropriate prenatal tests and evaluations and advise LIZETTE BLANCO of the fact that MASON MENDEZ would be born with genetic impairments or disabilities. [¶] Plaintiff MASON MENDEZ was born with genetic impairments and disabilities. [¶] If LIZETTE BLANCO had known of the risk of the genetic impairments and disabilities, she would not have carried the fetus to term.” (Complaint ¶¶...

Excerpt: ...acts sufficient to constitute a cause of action. Plaintiffs allege that Defendant and Plaintiff executed a Promissory Note in favor of Defendant in the amount of $85,000.00, which purported to have an interest rate of 5% per month, which equates to an annual interest rate of 60%. The Promissory Note was secured by a Short Form Deed of Trust and Assignment of Rents dated December 22, 2017. The Deed of Trust was executed by Plaintiffs and recorded ...

Excerpt: ...leges that Defendants Owiecki and the District subjected Plaintiff to verbal, psychological, and physical abuse. The Complaint asserts causes of action for: 1. Violation of 42 USC § 1983 2. ADA Discrimination 3. Violation of § 504 of the Rehabilitation Act 4. Violation of CC § 52.1 5. Battery 6. IIED 7. Negligence 8. Negligent Supervision 9. Violation of Mandatory Duty 10. Violation of CC § 51 11. Violation of Educ. Code § 220 Timeliness Pla...

Excerpt: ... alleges: Plaintiff began working for Defendant Surface Modification Systems, Inc. in or about April 2010. (SAC, ¶ 13.) “[W]hile working for Defendant…over the years and more so shortly before being wrongfully terminated, Mr. Robinson was regularly subjected to various types of mistreatment, hostility, and eventually suffered corporal punishment, which became a regular practice and a convention that Defendant SMS allowed BAMOLA to employ and...

Excerpt: ...the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or dire...

Excerpt: ...P § 2030.300. The FAC alleges that on 8/26/17, Plaintiff Manuel Cruz went to Wells Fargo Bank to deposit money into the ATM and withdraw cash. As he left the ATM and the Plaza, owned and managed by Defendant Wells Fargo Bank, Defendant Eduardo Cabrera robbed Plaintiff at gun point and shot his several times. Based on these facts, the FAC asserts causes of action for: 1. Assault (v. Cabrera) 2. Battery (v. Cabrera) 3. IIED (v. Cabrera) 4. Neglige...

Excerpt: ...on Nos. 1 and 9, and overruled as to the remaining objections. Plaintiff's objections to Carmerlengo Declaration are overruled. Plaintiff's objections to Castaneda Declaration are overruled. Defendant's objections to Lepe Declaration are overruled. Defendant's objections to Lopez Declaration are overruled as to the attached exhibits, and sustained as to counsel's arguments following each attached exhibit. Defendant's objections to Mendoza Declara...

Excerpt: ...at the office of defense counsel, with rules of social distancing and wearing of masks enforced; and for the second part of the mental examination of E.C. to take place remotely by the examiner for up to six hours. In Opposition, Plaintiff argues that Defendant's request for an in-person IME must be denied due to restrictions and safety considerations associated with COVID-19. Plaintiff further argues that: Defendant fails to specify the exact cl...

Excerpt: ...) an answer to a particular interrogatory is…incomplete…or (3) an objection to an interrogatory is without merit or too general, that party may move for an order compelling further response.” (CCP §2030.300(a).) Substantively, Plaintiff does not oppose the merits of the Motion, and indicates that he is willing to provide further responses. Specifically, in his initial responses, Plaintiff indicates that “[f]ollowing the execution of a Pr...

Excerpt: ...ion. This action for medical malpractice was filed by Plaintiff on October 21, 2019. Defendant TAYLOR (“Defendant”) moves for summary judgment pursuant to CCP §437c. “[I]n any medical malpractice action, the plaintiff must establish: ‘(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection bet...

Excerpt: ... the entities who received the financial proceeds of the loans reflected by the mortgages; The identity of the individuals on behalf of WDW Joint Venture who entered into the mortgages identified; The owners of the real estate subject to the mortgages identified; The identities of individuals who negotiated the interest rate for mortgages identified; and The identity of the collateral offered to secure the mortgages identified. (See Motion 4:22 -...

Excerpt: ...o's objections are overruled. Coastal Capital Group's objections are overruled. Procedural History Plaintiff Coastal Capital Group (“CCG”) filed a Complaint alleging that in January 2016, Defendant Carrillo executed a promissory note in favor of NLSI, Inc. in the sum of $110,937.57. Carrillo executed a deed of trust encumbering the property for which NSLI, Inc. was the beneficiary. Carrillo used the loan to pay off a secured debt owed to Roge...

Excerpt: ...ication is DENIED as to the 4 th cause of action (brought by Brett and Jaime), the 5 th – 6 th and 8 th – 9 th causes of action (brought by Caleb), and the 2 nd – 3 rd, 5 th - 7 th, and 11 th – 13 th causes of action. As triable issues exist, motion for summary judgment on the Cross- Complaint is DENIED. Moving Parties to give NOTICE. Cross-Defendants Meribear Production, Inc. and Meridith Baer moves for summary judgment or, in the altern...

Excerpt: ...r Quiet Title was filed by Plaintiff South Gate Investment Group, Inc. 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 along its property line. Plaintiff has paid taxes associated with this boundary and relied on City's insistence tha...

Excerpt: ... Party to Give Notice. This action for elder abuse was filed by Plaintiff OSCAR MILLAN, individually and as representative of the Estate of Elvia Millan (“Plaintiff”) on September 6, 2019. The relevant facts, as alleged, are as follows: “Decedent ELVIA MILLAN was admitted as an inpatient to PIH on or about September 5, 2018 due to altered mental status, right upper extremity weakness and hypotension. An extensive workup determined Decedent ...

Excerpt: ...l hear from Real Party. Moving Party to give NOTICE. The FAC alleges that on 8/26/17, Plaintiff Manuel Cruz went to Wells Fargo Bank to deposit money into the ATM and withdraw cash. As he left the ATM and the Plaza, owned and managed by Defendant Wells Fargo Bank, Defendant Eduardo Cabrera robbed Plaintiff at gun point and shot his several times. Based on these facts, the FAC asserts causes of action for: 1. Assault (v. Cabrera) 2. Battery (v. Ca...

Excerpt: ...Plaintiff NATALIE OJEDA (“Plaintiff”) on February 14, 2019. On August 5, 2020, a Third Amended Complaint (“TAC”) was filed. The TAC asserts the following causes of action: (1) Motor Vehicle Negligence; (2) Negligence; and (3) Fraud/Deceit/Intentional Misrepresentation. Defendant RAHMAN (“Rahman”) generally and specially demurs to Plaintiff's third cause of action. Uncertainty Rahman argues that the third cause of action is fatally unc...

Excerpt: ...ch of contract was filed by Plaintiff (in pro per) on October 19, 2018. On September 17, 2020, a First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part: “Plaintiff was retained to represent Priya Parpiani in a dissolution action and in probate litigation involving Vishram Parpiani. Priya Parpiani promised to pay [Plaintiff] at her then prevailing contract rate per hour for her services. Priya Parpiani paid an initial ...

Excerpt: ... or about February 2, 2015, Plaintiff entered into an agreement with RAJU and KAUR for the purchase of the property by Plaintiff.” (Complaint ¶7.) “The AGREEMENT provided in relevant part that Plaintiff had at least four obligations: (a) To make a down payment of $20,000 to Defendants; (b) To pay the sum of $50,000 on the purchase price; (c) To pay off two mortgages on the property of approximately $430,000; and (d) Pending completion of the...

Excerpt: ...N ROMO, and KENNETH ROBERT ROMO, individually, and KEVIN ALLEN ROMO, individually (“Plaintiffs”) on November 6, 2019. On May 15, 2020, a Second Amended Complaint (“SAC”) was filed. The SAC asserts the following causes of action: (1) Elder Neglect; and (2) Medical Negligence. Defendant ANDREW O. ORTIZ, RCP (“Ortiz”) generally demurs to the first cause of action. First Cause of Action – Elder Neglect A cause of action under the Elder ...

Excerpt: ...mmensurate with the proper filing fees. At this juncture, the court will not order the payment of additional fees because both Plaintiff (in this motion) and Defendant (in a prior motion) have engaged in this practice. Going forward, the parties are to adhere to these filing procedures to better assist the court in the management of its cases. II. Defendant Union Pacific Railroad Company's motion to compel the deposition of Jesus Valenzuela and i...

Excerpt: ...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 which the attachment is based 3. The attachment is not sought for a purpose other th...

Excerpt: ...on attached, Plaintiff's Form Complaint seemingly asserts the following causes of action: (1) Breach of Contract; (2) Common Counts; and (3) Tax Evasion/Fraud. Plaintiff alleges that the “[c]ontract created [was] not intended agreement (no ‘money' loaned). Contract is unconscionable- requiring specific payment form against public law…. [¶] Debt ‘obligations' are government obligations. Nature of this account identified by SSN…and Resid...

Excerpt: ...d that they fail to state fact sufficient to constitute causes of action. Plaintiff alleges that he was discriminated against because defendant undervalued his vehicle. The appraisal was not sufficient to replace Plaintiff's vehicle, which had modifications for disability and functionality. Based on these facts, the FAC asserts causes of action for: 1. Disability Discrimination ADA Title III 2. Disability Discrimination Unruh Act 3. Unfair Compet...

Excerpt: ...action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. JUDICIAL NOTICE is taken of Defendants' exhibits. The Third Amended Complaint (“TAC”) alleges that on 7/31/09, Plaintiff Judith Mann and Defendants Cotton Generation, Inc. (“Cotton”) and Defendant Mike Tolouee entered into a partnership agreement, wherein Plaintiff would be responsible for design, merchandising, and sales of a...

Excerpt: ...ded Complaint is SUSTAINED without leave to amend. Moving Party to give Notice. No Opposition(s) filed as of February 23, 2021. Motion to Strike On August 25, 2020, Defendants' Demurrer to Plaintiff's Complaint was SUSTAINED with 10 days leave to amend. Plaintiff's Second Amended Complaint should have been filed by no later than September 4, 2020. However, without seeking leave of Court, Plaintiff filed his untimely SAC on September 16, 2020. “...

Excerpt: ...pelling 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 2018 Nissan Rogue vehicle suffers from various defects, including the Infotainment System Defect; that Defendant has been unable to repair the vehicle wit...

Excerpt: ...mplaint is SUSTAINED without leave to amend. IV. Defendant ONWARD ENGINEERING's Motion to Strike Portions of Plaintiff's Fourth Amended Complaint is MOOT. V. Defendant CITY OF SANTA FE SPRINGS Demurrer to Plaintiff's Fourth Amended Complaint is SUSTAINED without leave to amend. Opposing Party to give notice. The operative pleading is the Fourth Amended Complaint (“4AC”) filed on September 10, 2020. Plaintiff KELTERITE CORPORATION (“Kelterit...

Excerpt: ... the grounds that they fail to state facts sufficient to constitute causes of action and are uncertain. The Complaint alleges that on 11/2/18, Plaintiff Michael Nedrow, a minor, was inside the football locker room when the players engaged in horseplay. As Plaintiff was leaving the locker room, Defendant Brandon Hurtado, another minor student, threw an orange Gatorade/water bottle caddy and/or other equipment that struck Plaintiff in the face and ...

Excerpt: ...onstitute causes of action and are uncertain. The First Amended Complaint (“FAC”) alleges that on 12/21/19, Plaintiff Steve Nacey was on Defendant's premises when he observed an argument between a patron and Hotel staff. He began filming the individuals using his cell phone. Shortly thereafter, Defendants physically assaulted Plaintiff, pulling his cell phone from his hands, kneeing him, and applying handcuffs. Plaintiff was taken to a privat...

Excerpt: ...EZ, a minor by and through her GAL, LETICIA VELASQUEZ LOPEZ on The Basil for Production of Documents is DENIED. On the Court's own Motion, the Subpoena is MODIFIED. Moving Party to give Notice. This action for motor vehicle negligence and premises liability was filed by Plaintiff LETICIA HERNANDEZ, a minor by and through her GAL, LETICIA VELASQUEZ LOPEZ on April 5, 2019. On April 16, 2020, a First Amended Complaint (“FAC”) was filed. The FAC ...

Excerpt: ...el Defendant ANTHONIO DONAYRE KAWAGUCHI's Responses to Request for Production of Documents (set one) is GRANTED. CCP § 2031.300 Moving Party to give Notice. No Opposition(s) filed as of February 16, 2021. Due by February 3, 2021. (CCP §1005(b).) Motion to Deem Admitted: “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are direc...

Excerpt: ...AFE UTILITY EXPOSURE, INC.; AMY RACHEL MILLER; and WESCO INSURANCE COMPANY, INC.'s Motion to Strike Portions of Plaintiff's Complaint is DENIED. Opposing Party to give notice. This action for breach of contract was filed by Plaintiff MKP CONSTRUCTION, INC. on August 14, 2020. Plaintiff's Complaint asserts the following causes of action: (1) Breach of Contract; (2) Negligence; (3) Fraud; and (4) Contractors State License Board. Defendants SAFE UTI...

Excerpt: ...ruary 16, 2021. Due by February 9, 2021. (CCP §1005(b).) This action concerning real property was filed by Plaintiff KELLY ENTERPRISES, LLC on March 9, 2020. On November 5, 2020, a First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part, “Plaintiff was and is the lawful owner of an undivided 50% interest in the Property. [¶] The basis of Plaintiff's title to the Property is the Grant Deed recorded with the Los Angele...

Excerpt: ...r for a deposition and produce the documents identified in the subject Notices of Depositions, without objection. The parties shall meet and confer to determine the date, time, and location of the depositions, which shall take place no later than 30 days from the date of this hearing. The date may be extended by agreement of the parties. Defendant BLAIR COMPANIES and its counsel of records are jointly and severally ORDERED to pay Plaintiff and hi...

Excerpt: ...tten Contract; (2) Open Book Account; (3) Account Stated; (4) Conversion; (5) Accounting; and (6) Involuntary Dissolution of Corporation. The facts, as alleged, are as follows: “On or about February 20, 2012, Plaintiff and Defendant Shah entered into a written agreement wherein they agreed as follows: (a) that Plaintiff and Shah would purchase a grocery market store known as “Gage Market” located at 3085 E. Gage Avenue, Huntington Park, Cal...

Excerpt: ...ROTECTIVE ORDER Responding Party: See below. Tentative Ruling See below. Background Plaintiff Nicholas V. Moretta (“Plaintiff”) alleges that on May 19, 2018, he sustained injuries when the 2017 Polaris XP 4 Turbo 1000 he was sitting in rolled over onto the passenger's side. On August 14, 2019, Plaintiff filed a complaint, asserting causes of action against Defendants Polaris Industries, Inc. (a Delaware corporation), Polaris Sales, Inc., Pola...

Excerpt: ...o strike attorney's fees is GRANTED. Moving Party to give NOTICE. Defendants Shah and Palomino Market Incorporated demurs to the third cause of action on the grounds that they fail to state facts sufficient to constitute causes of action and are uncertain. Defendant Shah additionally demurs to the 1 st and 2nd causes of action on the same grounds. UNCERTAINTY Demurrer on grounds of uncertainty will not be sustained unless the complaint is so bad ...

Excerpt: ...ant Dodge Chemical Company's motion to strike is GRANTED with 10 days leave to amend. Plaintiff to give NOTICE. Defendant Wilbert Funeral Services, Inc. demurs to the 1 st – 4 th causes of action on the ground that they fail to state facts sufficient to constitute causes of action. 1ST CAUSE OF ACTION STRICT PRODUCTS LIABILITY: The elements are: 1) product placed on the market; 2) defendant's knowledge that it will be used without inspection fo...

Excerpt: ...(“Plaintiff”) alleges as follows: On or about June 2015, Plaintiff was hired by Best Beverage Catering, dba F and B Associates (“BBC”) as a bartender. Plaintiff was in a romantic relationship with her supervisor, Dominic Verdugo (“Verdugo”). On or about January 2017, Verdugo was promoted to a manager position, and was then Plaintiff's manager. Plaintiff's and Verdugo's relationship began to deteriorate, and Verdugo began to harass and...

Excerpt: ... Plaintiff Helen Lin Huang (“Plaintiff”) moves for an order to compel further responses from Defendant Tesla, Inc. (“Tesla”) to Plaintiff's request for production, set one, and special interrogatories, set one. Plaintiff alleges that her 2018 Tesla Model X suffers from sudden unintended acceleration. Plaintiff alleges that the vehicle contains defects, including the accelerator control system and Automated Emergency Braking. CCP § 2031.3...

Excerpt: ...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 court may judicially notice (e.g., the court's own files or records)...

Excerpt: ... NOTICE. III. Defendants Vincent and Michelle Torres's motion for order to remove mechanic's lien is GRANTED. Moving Parties to give NOTICE. I-II. Demurrer and Motion to Strike Defendants Vincent and Michelle Torres demur to the complaint on the ground that it fails to state facts sufficient to constitute causes of action. This action was filed by Plaintiff Waddle on 12/10/19, alleging claims for Breach of Contract and Foreclosure of Mechanic's L...

Excerpt: ... against Defendants Kejia Zhang (“Zhang”) and Xiuju Zhou (“Zhou”) (collectively “Defendants”), asserting causes of action for motor vehicle and general negligence. Plaintiff's claims arise out of an alleged automobile accident that occurred on August 5, 2017.Plaintiff alleges that Zhang was driving the vehicle involved in the accident, and that Zhou owned the vehicle. Plaintiff alleges that Defendants negligently owned, operated, main...

Excerpt: ...“Plaintiff”). Defendant Lifetime Solutions Inc. (“Defendant”) installed and serviced the water softening and filtration system that caused the leak. Plaintiff lived at his home with other family members: (1) his wife Teresa Soria (“Teresa”)[1]; (2) his adult son Anthony Soria (“Anthony”); and (3) his adult daughter Andrea Soria (“Andrea”). On February 5, 2019, Plaintiff filed the operative complaint asserting a sole claim of n...

Excerpt: ...ntered into a promissory note with Defendant Joe Gomez (“Gomez”) on August 27, 2015 whereby Plaintiff loaned Gomez a sum of $250,000 to be used by Gomez to finance his various business ventures and Gomez promised to repay the note on or before October 1, 2015. As security for the note, Gomez pledged all of his nightclub trade fixtures and equipment. Gomez breached the note by failing to repay the loan by October 1, 2015 and failing to deliver...

Excerpt: ..., Trustees of the Di Peppino Living Trust Dated May 23, 2017, is GRANTED with 30 days leave to amend. Moving Parties to give NOTICE. Defendants' request for judicial notice is granted as to the existence of the documents but not as to any hearsay statements contained therein. (Evid. Code §452.) Defendants demur to the First Amended Complaint's first and third causes of action on grounds that they are time-barred and are insufficient to constitut...

Excerpt: ...ith Plaintiff's assignor. Plaintiff alleges Defendant defaulted on the contract by failing to make payments due and owing on September 9, 2019 and thereafter. Plaintiff now seeks to recover the outstanding balance of $29,793.98 and possession of the Vehicle. On March 23, 2020, Plaintiff filed a complaint against Defendant for (1) claim and delivery of personal property and (2) money due on a contract. On July 29, 2020, Plaintiff filed an applicat...

Excerpt: ...ctual fraud was filed by Charley Johnston (in pro per) on June 21, 2018. The relevant facts, as alleged, are as follows: “Case #VC065435 came to a 3-day trial in December 2016. Judge Meyers issued a final judgment (Exhibit 2) on Sept. 7 of 2017. It clearly defines the value ($38,649.50). David Meneghini was ordered to pay to Charley Johnston to take over 100% ownership of the LLC. The final judgment also gave David Meneghini a 30-day period to ...

Excerpt: ... is GRANTED. Defendants ELITE SIDE, INC. DBA ELITE ROADSIDE ASSISTANCE and HAKEM YUSEF HASSAN and their counsel of record are ORDERED to pay sanctions in the amount of $1,500.00, jointly and severally, within twenty days from the date of this court order. Moving Party(s) to give notice. Background This is a wrongful death action arising from a motor vehicle collision. Plaintiffs Rosario Noemi Cortez Soto De Chum; Sandy Aracely Chum Cortez; Mynor ...

Excerpt: ...y notes and guaranties. On August 24, 2017, Plaintiff Transportation Alliance Bank Inc. (“Plaintiff”) and Defendant Golden Green Cargo, Inc. (“Golden Green”) entered into a promissory note (“First Note”) and business loan agreement whereby Plaintiff loaned Golden Green the principal sum of $47,180.00 with interest and Golden Green agreed to pay Plaintiff forty-seven monthly payments in the amount of $1,204.68 and an irregular payment ...

Excerpt: ...ith. The operative First Amended Complaint (“FAC”) was filed on August 22, 2019, and reiterates the same claims. Plaintiff alleges that Defendant wrongfully denied his insurance claim arising from Plaintiff's November 2, 2017, crash of his off-road vehicle. The parties agree to, and Defendants establish through evidence, the following: Plaintiff reported a claim to Defendant on November 3, 2017, relating to his crash of a 2017 Polaris RZR. (U...

Excerpt: ...lication for good faith settlement determination by Homeland Insurance Company of New York, for its insured Solar Energy Service Center Inc., and Plaintiff. Procedural History On July 30, 2018, Plaintiff Samuel Thomas (“Plaintiff”) filed an action against Defendants Greenday Finance I, LLC (“Greenday”), Solar Energy Service Center Inc. (“Solar Center”), and Sunsystem Technology, LLC (“Sunsystem”). On January 15, 2020, Plaintiff fi...

Excerpt: ...ent”) to make available to Petitioner for inspection and copying various corporate books and records, materials pertaining to corporate accounts, and records of payments as well as records pertaining to income returns and payroll taxes. Pursuant to the Petition, Petitioner “has at all relevant times herein served as a duly elected member of the Board of Directors, as Chief Financial Officer, and holder of 5000 shares of Common Stock in Respon...

Excerpt: ...E. Hill, M.D. Notice: OK 1. Background Facts Plaintiff, Serena Young filed this action against Defendants, Philip E. Hill, Philip E. Hill, M.D., Inc., Long Beach Advanced Orthopedic Medical Center, Inc., and Orthoworks of Southern California, LLC for breach of contract, breach of implied-in-fact contract, fraud by concealment, breach of fiduciary duty, involuntary dissolution of corporation accounting, and conspiracy. The crux of the complaint, w...

Excerpt: ...thin 30 days of service of the court's order. Defendant to give NOTICE. Procedural History On May 1, 2018, Plaintiff Rocio Devora (“Plaintiff”) filed an action for premises liability and negligence against Defendant Costco Wholesale Corporation (“Defendant”). Plaintiff alleges that on August 7, 2016, she slipped and fell on Defendant's premises located at 340 Civic Way, Lakewood, California 90712. The parties had a discovery dispute, caus...

Excerpt: ...th Amended Privilege Log within 30 days of service of the court's order. Defendant to give Notice. Procedural History Plaintiff Los Angeles Unified School District (“Plaintiff”) owned and operated basketball courts located at South Region High School #7, 6361 Cottage Street, Huntington Park, California 90255. Those basketball courts collapsed due to the failure of a water retention system located under the courts. Plaintiff alleges that Defen...

Excerpt: ... negligence and premises liability. Plaintiff Alejandra Reyes (“Plaintiff”) alleges that on April 17, 2016, she was a guest at a fair held by Defendant Kastl Amusements at Venn W. Furgeson Elementary School located at 22215 Elaine Ave., Hawaiian Gardens, CA 90716, which was owned by Defendant City of Hawaiian Gardens (“City”). Plaintiff alleges Defendants negligently and carelessly managed, maintained, assembled, inspected, installed, ope...

Excerpt: ...t on or about February 11, 2017, Plaintiff leased a new 2017 Jaguar XF from Defendant RP Automotive, Inc. dba Jaguar Land Rover Cerritos (“RP Automotive”). The vehicle was manufactured by Defendant Jaguar Land Rover North America, LLC (“JLRNA”). Plaintiff alleges that the vehicle contained various defects and non- conformities, including a defective engine system, engine hesitation, fuel pressure sensor failure, a crankshaft sensor replac...

Excerpt: ... regarding Form Interrogatories and GRANTED IN PART regarding Special interrogatories. (2) motion to compel further responses to Requests for Admissions, Set Three – Reservation ID 888759303677 – GRANTED. (3) motion to compel further responses to Request for Production of Documents, Set Six (“RPD”) – Reservation ID 878393860372 – GRANTED IN PART. (4) motion to compel compliance with Court's January 8, 2019 order (production of compute...

Excerpt: ...History On 3/15/19, Plaintiff Vivera Pharmaceuticals, Inc. filed a Complaint for Unlawful Detainer against Blaine Holding & Development, LLC for: 1) Forcible Entry; and 2) Forcible Detainer. [Plaintiff did not serve a prejudgment claim of right to possession on all unknown occupants as prescribed by CCP § 415.46.] On 4/26/19, Judge Escalante issued Judgment for Possession of the premises and Judgment in the sum of $52,296.12 in favor of Vivera a...

Excerpt: ... 43, 45-50, 52-70 is GRANTED. Moving Parties to give NOTICE. Defendants Staples Contract & Commercial LLC, and Mondragon move for summary adjudication pursuant to CCP § 437c. Evidentiary Objections Plaintiff's evidentiary objections are overruled. Complaint Plaintiff Semaje Millsap, a 21-year old black male, alleges that he suffers from a disability, i.e. a chronic staph infection that causes boils on his skin. In January of 2017, Plaintiff was ...

Excerpt: ...heduling conflicts, the parties may stipulate to extend the time to take Plaintiff's deposition. Defendants' request for sanctions is GRANTED. Plaintiff and her counsel of record are ORDERED to pay sanctions in the amount of $1,540.00, jointly and severally, within twenty days from the date of this court order. Moving Party to give notice. Background This is a financial elder abuse action. Plaintiff Blanca Michel alleges she was tricked by Defend...

Excerpt: ...ction on the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain pursuant to CCP § 430.10(e) and (f), respectively. Procedural History On October 30, 2019, Plaintiff Carlos Gomez (“Plaintiff”), in pro per, filed an action against Defendants Anti-Bond Salama, The Bond Family Irrevocable Trust, and 4601 and 4607 Live Oak, LLC. (hereinafter “Defendants”). The verified complaint alleges four cause...

Excerpt: ...necranes' objections to Aumais declaration are overruled. Complaint The Second Amended Complaint, filed on 6/7/18, alleges that Decedent Chad Holloway had gone up on a catwalk to repair an inoperable crane. However, Defendant Maruichi failed to provide safe access so Decedent was forced to access the crane from the rails. As a result of this dangerous condition, Decedent was crushed between the bridge and the steel pillar at the end of the rail t...

Excerpt: ...s motion compelling Plaintiff to provide verified further responses to special interrogatories, set one is GRANTED. IV. Defendant College Hospital, Inc.'s motion compelling Plaintiff to provide verified further responses to request for production of documents, set one is GRANTED. V. Defendant College Hospital, Inc.'s motion to have requests for admission deemed admitted is GRANTED in part and DENIED in part. Defendant to give NOTICE. I. Protectiv...

Excerpt: ...rk, Inc. James Grudger, Jeffrey Hill, Jeff Norton, Scott Martorano and Does 1-1000, alleging: (1) unfair business practices; (2) breach of implied warranty of merchantability, (3) breach of implies warranty of fitness for a particular purpose, (4) implied equitable indemnity, and (5) declaratory relief. On July 7, 2020, defendant Jeff Norton (Mr. Norton) specially appeared to move this court to quash service of summons and complaint directed at h...

Excerpt: ...range for deposition through remote technology. The parties shall meet and confer to determine the date and time of the deposition. Defendants' request for a court order compelling Plaintiff to produce documents is DENIED. Moving Party to give notice. Background This is a medical malpractice action. Plaintiff Henry Poe alleges he has been suffering from a throat infection since 2016 and sought treatment for the infection from Defendants in Septem...

Excerpt: ...trian collision. Petitioners Kazumasa Yamafuji and Kiyotaka Yamafuji (“Petitioners”) filed this petition against Respondent City of Lakewood (“Respondent”) on August 1, 2019, seeking relief from the filing requirements of Gov. Code § 945.4. Petitioners move under Gov. Code § 946.6(c)(1), pursuant to which [t]he court shall relieve the petitioner from the requirements of Section 945.4 if the court finds that the application to the board ...

Excerpt: ...tioner filed a complaint in the underlying action on December 28, 2016. Petitioner Tiffany Anderson (“Petitioner”) filed this petition against Respondent City of Lakewood (“Respondent”) on March 25, 2020, seeking relief from the filing requirements of Gov. Code § 945.4. Petitioner moves under Gov. Code § 946.6(c)(1), pursuant to which [t]he court shall relieve the petitioner from the requirements of Section 945.4 if the court finds that...

Excerpt: ... City Attorney of Bellflower and City of Bellflower (“City”) allege Defendant Samuel E. Bybee is the owner of real property located at 9137 Belmont Street, Bellflower, California (“Property”) and is believed to be deceased. Defendant Susan Bybee is alleged to be the sole resident/tenant of the Property. Defendants Samuel E. Bybee, Susan Bybee and David Bybee are alleged to be related to one another. According to Plaintiffs, the Property h...

Excerpt: ...rt and DENIED in part. Reduced sanctions are imposed against Defendant and counsel, jointly and severally, in the reasonable sum of $3,000.00, payable within 30 days. Moving Party to give NOTICE. I. Motion to Set Aside Plaintiff EC moves for an order pursuant to CCP § 473(b) and (d) to correct the Court's 7/23/19 Order, which does not accurately reflect the court's intention and was only signed by Plaintiff and the court as a result of Defendant...

Excerpt: ...fendant Union Pacific Railroad Company (“Union Pacific”) moves to compel further responses to discovery. The complaint alleges that on 2/9/18, Plaintiff Jesus Orlando Mejia (“Mejia”) sustained injuries when he fell from a ladder on Union Pacific's railcar while working as a trainman on 8/17/15 under the Federal Employers' Liability Act and Safety Appliance Act. CCP §§ 2030.300 and 2031.310 allow a party to file a motion compelling furth...

Excerpt: ...r alternatively, for summary adjudication pursuant to CCP § 437c. A Plaintiff has met his or her burden of showing that there is no defense to 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 �...

Excerpt: ...tative of the Estate of John W. Dailey filed this action against Defendants Arlo Bryan Sullivan, Vellum Financial, LLC, and Wealthsource Partners, LLC (“Defendants”) on November 30, 2018, alleging causes of action for: 1. breach of fiduciary duty; 2. common law fraud and deceit; 3. constructive fraud; 4. negligence and negligent misrepresentation; 5. California statutory securities fraud; 6. violations of Cal. Welfare & Institutions Code §§...

Excerpt: ... consent, the court may, upon the written motion of any party, or of its own motion, appoint a referee in the following cases pursuant to the provisions of subdivision (b) of Section 640… (5) When the court in any pending action determines that it is necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report findings and make a recommendation th...

Excerpt: ...ntes move to compel arbitration pursuant to CCP § 1281.2. On January 15, 2020, Plaintiff filed this action against Unified Grocers, Inc. (“UG”), Supervalu Inc., and Laura Cervantes, alleging claims for: 1. Disability Discrimination 2. Failure to Accommodate 3. Failure to engage in the interactive process 4. Age Discrimination 5. Hostile Work Environment 6. Retaliation 7. Failure to Prevent Retaliation and Discrimination 8. IIED 9. NIED 10. W...

Excerpt: ...ective order regarding Plaintiff's request for production of documents, set two propounded on Southern California Permanente Medical Group is GRANTED. IV. Defendant Golden's motion for protective order regarding Plaintiff's request for production of documents, set two propounded on Golden is GRANTED. Moving Parties to give NOTICE. I-II. Demurrer and Motion to Strike Defendants The Permanente Medical Groups, Kaiser Foundation Health Plan, Inc., Ka...

Excerpt: ...ant Auto Collision Group, Inc. (“ACG”) as a General Manager and Production Manager. Plaintiff alleges that he complained about Defendant Jorge Rico (“Defendant”), who is ACG's President, committing fraud against insurance companies including by intentionally damaging ACG's vehicles and demanding repayment from insurance companies, fraudulently charging insurance companies for replacement parts not used, and falsely claiming certain vehicl...

Excerpt: ...to the second cause of action is OVERRULED. Defendants Standing Room Bar and Grill, LLC, Auggies Bar & Grill, Scott Corbin, Aron Patel, and Arjana Patel, LLC's Motion to Strike is SUSTAINED with 15 days leave to amend. Moving Parties to give notice. Background On April 24, 2019, Plaintiff Eddie Jaime (Plaintiff) filed a complaint against Defendants Standing Room Bar and Grill, LLC, Auggies Bar & Grill, Scott Corbin, Aron Patel, and Arjana Patel, ...

Excerpt: ...fails to state sufficient facts and is barred by the economic loss rule. JUDICIAL NOTICE is taken of Defendants' exhibits. (Ev. Code 452.) Procedural History On January 17, 2019, Michelle Kim (“Michelle”) filed her complaint against several defendants, including Kyu Sang Kim (“Kyu”) and Michael Hanjoo Kim (“Michael”) (collectively, “Defendants.”) On October 3, 2019, Michelle and Dook Yun Oh (“Oh”) (collectively, “Plaintiffs�...

Excerpt: ...(“Plaintiff”) filed this action against Catalina Carpet Mills, Inc. (“Defendant”) on December 7, 2018, alleging causes of action for: 1. harassment in violation of Government Code section 12940(a), (j) & (k); 2. failure to take all reasonable steps to prevent harassment and discrimination in violation of Government Code section 12940(k); 3. tortious discharge in violation of Government Code section 12940(a); and 4. failure to pay vacation...

Excerpt: ...s, but not as to any hearsay statements contained therein. Cal. Ev. Code §452. “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. Superior Court (McAllister) (2005) 133 Cal.App.4th 1185, 1191.) Defendant/Cross-Complainant CITY OF BELLFLOWER's Request for Judi...

Excerpt: ...fails to comply with the California Rules of Court. “The Separate Statement in Opposition to Motion must be in the two-column format specified in (h). (1) Each material fact claimed by the moving party to be undisputed must be set out verbatim on the left side of the page, below which must be set out the evidence said by the moving party to establish that fact, complete with the moving party's references to exhibits. (2) On the right side of th...

Excerpt: ...e Motion for Protective Order is MOOT. CCP §1987.1 III. Plaintiffs' Motion to Quash Deposition Subpoena for Production of Kenneth Thompson's Consumer Records is GRANTED. Plaintiffs' Alternative Motion for Protective Order is MOOT. CCP §1987.1 IV. Plaintiffs' Motion to Quash Deposition Subpoena for Production of Rogelio Ocampo's Consumer Records is GRANTED. Plaintiffs' Alternative Motion for Protective Order is MOOT. CCP §1987.1 V. Plaintiffs' ...

Excerpt: ...s that Plaintiff Michael Castro was employed as a crew member-engineer of a fleet of tug boats operated by Foss Maritime Company in the ports of Long Beach and Los Angeles. Fremont Maritime Services, Inc. contracted with Foss to provide training and instruction to seamen employed by Foss. On 9/8/16, Plaintiff was participating in firefighting training at Rio Hondo College when he injured his right foot while pulling on a fire hose inside a cargo ...

Excerpt: ...D, and the Clerk will notify the parties of the continued hearing date. #8 TENTATIVE ORDER Specially-Appearing Defendant Batten-Smouse's motion to dismiss party for lack of personal jurisdiction is GRANTED. Moving Party to give NOTICE. Specially-Appearing Defendant Batten-Smouse moves to quash service for lack of personal jurisdiction. Plaintiff's First Amended Complaint alleges that Defendant Batten-Smouse committed conversion and fraud by exerc...

Excerpt: ...nd the Clerk will notify the parties of the continued hearing date. #11 TENTATIVE ORDER I. Defendant Bancor, Inc. (a California Corporation)'s demurrer to second amended complaint is STRICKEN. Defendant Bancor Inc. (a Delaware Corporation)'s demurrer is SUSTAINED without leave to amend as to the 2 nd and 4 th causes of action and SUSTAINED with 10 days leave to amend as to the 1 st, 3 rd, and 5 th – 8 th causes of action. II. Defendant Sampson'...

Excerpt: ... of this action is as follows: On July 27, 2017, ABNER MONTOYA (“Decedent”) filed an underlying action against Defendant for negligence and elder abuse/willful misconduct (Case No: BC670205). The underlying action was compelled into arbitration on November 21, 2017. (See RJN, Ex. 1.) Decedent died on August 24, 2017. On July 18, 2019, Plaintiffs, individually and/or as the personal representatives, surviving heirs and/or successors in interes...

Excerpt: ..., 2019. Plaintiffs allege that on or about July 1, 2014 and May 1, 2015, Defendants made a number of “oral promises and representations to Plaintiffs”. (FAC ¶¶5- 6.) Plaintiffs allege that they believed the truth of these misrepresentations, and in reliance upon such misrepresentations, invested $50,000.00 with Defendants. (FAC ¶8.) The FAC asserts the following causes of action: (1) Fraud; (2) Negligent Misrepresentation; (3) Breach of Co...

Excerpt: ...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 Defendant General Motors, LLC (“GM”) violated California's Song-Beverly Consumer Warranty Act because Plaintiff's v...