Excerpt: ...284.1. This court ordered the matter to arbitration and stayed the case “until conclusion of the arbitration.” An arbitration award has been rendered, and therefore, the motion is GRANTED and the stay is lifted. II-III. Confirm/Vacate Arbitration Award Plaintiff Powell moves to vacate the arbitration award, and Defendant Public Storage moves to confirm the arbitration award. Any party to an arbitration award may petition the court to confirm,...

Excerpt: ...damages pursuant to CCP § 437c. Objections Plaintiff's Objection Nos. 1-3 are overruled. Defendant's Objection Nos. 1-2 are sustained. Objection Nos. 3-6 are overruled. Second Amended Complaint Paintiff Emelin Hernandez alleges that she purchased a 2017 Kia Optima LX from Defendant Kia. (Second Amended Complaint (“SAC”), ¶ 6.) After Plaintiff took possession of the vehicle, and during the warranty period, the vehicle developed defects, incl...

Excerpt: ...l 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 proofs of service show that Defendants were served via substituted service with the Summons, Complaint, Notice, and Application for Writ of Possession on February 24, 2022. Merits Upon the filing of the complaint or at any time thereafter, the plaintiff m...

Excerpt: ... NOTICE. Defendant Lloyd moves to compel further responses to document requests pursuant to CCP § 2031.310. Plaintiffs Stepter and Jackson's First Amended Complaint (“FAC”) alleges that Plaintiffs were the Buyers and Defendant was the Seller of real property located at 11439 Pruess Avenue, Downey, CA 90241. (FAC, ¶ 3.) On September 1, 2020, Defendant accepted Plaintiff's offer to buy/sell the property for $749,000. (FAC, ¶ 7.) Escrow did n...

Excerpt: ...eges that on September 28, 2018, Plaintiff Maria Varela was on Defendants' premises when she tripped and fell, sustaining injuries. Based thereon, the Complaint asserts causes of action for: 1. Dangerous Condition 2. Vicarious Liability for Wrongful Conduct of Public Employees 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...

Excerpt: ... of Documents (set two) and Request for Production of Documents (set four) is GRANTED in part and DENIED in part. Moving Party to give Notice. Motion to Quash PMQ Deposition/Protective Order Plaintiff/Cross-Defendant UNITED NATURAL FOODS, INC. (“UNFI”) moves to quash the PMQ Deposition Notice pursuant to CCP §2025.410(c). Alternatively, UNFI seeks a protective order. Opposition was due by no later than April 5, 2022. (See 03/25/22 Order.) Th...

Excerpt: ...tained therein. Cal. Ev. Code §452. Plaintiff's untimely Opposition was reviewed and considered. This wrongful foreclosure action was filed by Plaintiff JESUS GARCIA on September 9, 2021. On December 20, 2021, the operative First Amended Complaint (“FAC”) 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 made on the loan. In fac...

Excerpt: ...nytime's Objection No. 1 to Preston Decl. is overruled. Walter Shea's Objection Nos. 1-7 are overruled. Standard A Cross-Complainant has met its 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. (CCP 437c(p)(1).) Pleadings and Procedural History This action was initiated on October 19, 2017. The operative First Amende...

Excerpt: ...edent”) by and through his successor in interest, ANABEL MARTINEZ, and ANABEL MARTINEZ, individually. Plaintiff alleges, in pertinent part, “In or around March of 2020, it was reported that approximately 10 cases… of COVID-19 have been confirmed at Defendants' FACILITY. Defendant FACILITY employees began to fail to show up for work. Defendant FACILITY failed to provide required care to the facility's residents and placed them in harm's way....

Excerpt: ...ass claims and asserted a single representative claim under PAGA. Plaintiff's First Amended Complaint (“FAC”) is the operative pleading. Defendants FASHION NOVA, INC. (“Fashion Nova”) and FN LOGISTICS, INC. (“FN Logistics”) (collectively “Defendants”) now argue that the PAGA claim in this action is barred by res judicata, and summary judgment granted, because “it has already been released as part of a PAGA settlement in another ...

Excerpt: ...the real property located at 8825 Washington Boulevard, Pico Rivera, California. (SAC ¶10.) Plaintiff is the sole shareholder of TAI. The property has been used as a restaurant/nightclub since 1994. (SAC ¶10.) The property has a Reciprocal Easement Agreement (“REA”). (SAC ¶10.) Defendants acquired their interest in the adjoining shopping center subject to the REA. (SAC ¶10.) In 2015, Plaintiff had to obtain a new Conditional Use Permit ha...

Excerpt: ...on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. The Complaint alleges that Plaintiff Jae Hoon Park and her late husband, Jong Tae Park purchased the subject La Mirada Property on August 16, 1991, and held title as joint tenants. (Complaint, ¶ 9.) On February 6, 2020, Jong Park passed away, and Plaintiff became the sole owner. (Id., ¶¶ 10-11.) On January 28, 2016, Plaintiff Jae Park mar...

Excerpt: ...inspection of the accident scene, tools, and related things and materials pursuant to CCP § 2031.310. CCP § 2031.310 allows a party to file a motion compelling further answers to inspection 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 by a meet and confer declaration. (CCP § 2031.310(b).) Plaintiff Watson alleges th...

Excerpt: ...ntiff”) against Defendant US STARFORCE (“Defendant”) on August 8, 2018. Plaintiff alleges that it issued two workers' compensation insurance policies in December 2014 and December 2015—Policy 1 and Policy 2. Both premiums “are based, in part, upon the insured's payroll information during the course of the policy period. Because the insured's final payroll amounts could not be determined with certainty until after the end of the policy, ...

Excerpt: ...de §452.) This PAGA action was filed by Plaintiff CARMEN NASSAR on August 12, 2021. Defendants' VOLT MANAGEMENT CORP. and VOLT INFORMATION SCIENCES, INC.'s (collectively “Volt”) specially demurs on the basis that Plaintiff's lawsuit is the sixth in a line of PAGA actions brought against VOLT. Volt argues that Plaintiff's Complaint is subject to demurrer under CCP § 430.10(c) because Plaintiff's claims are subsumed by pre-existing actions ag...

Excerpt: ...ing in the amount of $10,000.00 in satisfaction of the bond requirement for both applications. Moving Party to give Notice. On December 30, 2021, Plaintiff SK ENTERPRISES TAX, LLC (“Plaintiff”) filed a Complaint asserting the following causes of action: (1) Preliminary and Permanent Injunction; (2) Conspiracy; (3) Threatened Misappropriation of Trade Secrets; (4) Misappropriation of Trade Secrets; (5) Unauthorized Use of Computers, Computer S...

Excerpt: ...) “The decision to grant or deny a preliminary injunction is committed to the discretion of the trial court after the court determines (1) the likelihood that 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 issuan...

Excerpt: ...IED. Opposing Party to give NOTICE. The operative Second Amended Complaint (“SAC”) alleges that in February 2016, Plaintiff met with ServPro Representatives regarding the operations of Plaintiff's ServPro franchise. (SAC, ¶ 16.) Defendants Nodbeh Enterprises, Inc. and Nodbeh employee Matthew Wilson steered Plaintiff into a transaction with the Ramos family. (SAC, ¶¶ 11-12, 17.) Defendants indicated that Jose Ramos wanted to purchase Plaint...

Excerpt: ... are uncertain. This contract action was filed by Plaintiff Sun West Mortgage Company, Inc. on December 24, 2020, alleging that Defendant Cornerstone Equity Group, Inc. breached a series of agreements regarding selling and brokering of mortgage loans. Based thereon, the Complaint asserts causes of action for: 1. Breach of Contract 2. Open Book Account 3. Account Stated 4. Reasonable Value 5. Common Counts 6. Conversion 7. Unjust Enrichment UNCERT...

Excerpt: ...to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to 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 t...

Excerpt: ... compel further responses to requests for admission pursuant to CCP § 2033.290. This is a dog bite case brought by Plaintiff Jose Choy against Defendants Susy and Edward Salsberg and Gislaine Pierrend (Doe 1). On 6/21/17, Defendants brought their two dogs to Plaintiff's veterinarian office. At the time, Plaintiff was offering a promotion for one free pet exam per household. The two dogs reside in the same household, but Defendants fraudulently r...

Excerpt: ... filed by Plaintiffs LAZARO W. DIAZ and JESSICA M. HERNANDEZ (in pro per) (collectively “Plaintiffs”) against Defendants TIFFANY M. OWENS (“Owens”); ESCROW TODAY, INC. (“ESI”); and DALIA GODINEZ (“Dalia”) on May 6, 2021. The relevant facts, as alleged, are as follows: “On November 19, 2020… Lazaro received wire instructions for $84,000.00 from an email ([email protected]) which contained, within the body of the email...

Excerpt: ...Plaintiff alleges that on April 3, 2021, Defendant 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 DAC ¶¶3-13.) 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.” (FAC ¶5.) Plaintiff's FA...

Excerpt: ... Cross-Defendant Francisco Cerna's motion for attorney's fees and costs is GRANTED in part. Attorney's fees and costs are imposed against Cross‐Complainants Garcia solely, in the reduced sum of $2,625.00 in attorney's fees and $295.60 in costs, payable to Francisco Cerna, within 30 days. Motion is DENIED as to RMEG Realty. III. Cross-Complainant RMEG Realty Incorporated's motion for attorney fees and costs as against Francisco Cerna and Maria C...

Excerpt: ...n August 30, 2021, the subject and operative First Amended Cross-Complaint (“FAXC”) was filed. The FAXC alleges the following relevant facts: “Both Diamond ZB and Diamond PEO collected funds from Dependable for payment of Workers Compensation Insurance policy premiums. Both Diamond ZB and Diamond PEO provided Certificates of Insurance for Workers Compensation Insurance (hereinafter ‘COI') to Dependable that the paid for coverage was obtai...

Excerpt: ...t of Defendant's Motion to Strike [CCP §425.16] in conjunction with his Demurrer. However, no such Special Motion to Strike is on calendar, and any such Special Motion to Strike is improperly noticed. Defendant filed a Demurrer with Motion to Strike. A motion to strike portions of a pleading (which typically accompanies a Demurrer) lies either when (1) there is “irrelevant, false or improper matter inserted in any pleading”; or (2) to strike...

Excerpt: ...led as of February 16, 2022. Defendants ENCORE ESCROW COMPANY, INC. and RODEO REALTY, INC.'s Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This action for contractual fraud was filed by Plaintiff OLGA RAMIREZ FLORES (“Plaintiff”) on May 4, 2021. On December 10, 2021, the operative First Amended Complaint (“FAC”) was filed. The relevant facts, as alleged in the FAC, are as follows: “Plaintiff and Defendant Flores were in...

Excerpt: ...s Motion to Compel Further Responses to Request for Production of Documents (set two) is GRANTED. IV. Defendant STATES MORTGAGE COMPANY, INC.'s Motion to Compel Further Responses to Requests for Admissions (set one) is GRANTED. V. Defendant STATES MORTGAGE COMPANY, INC's Motion to Compel Further Responses to Special Interrogatories (set one) is GRANTED. VI. Defendant STATES MORTGAGE COMPANY, INC.'s Motion to Compel Further Responses to Special In...

Excerpt: ...ainst the Complaint of Plaintiff Alfredo Perez is DENIED. III. Defendant Command Performance Constructors, Inc.'s motion for summary judgment or, in the alternative, summary adjudication as against the First Amended Cross-Complaint of… Alberta Development Partners, LLC is DENIED. IV. Defendant Command Performance Constructors, Inc.'s motion for summary judgment or, in the alternative, summary adjudication as against the Third Amended Cross-Comp...

Excerpt: ...ittier and PIH Health Hospital – Downey move for an order sealing confidential medical information pursuant to CRC § 2.550 and 2.551. Unless confidentiality is required by law, court records are presumed to be open to the public. (CRC § 2.550(c).) Therefore, pleadings, motions, discovery documents, and other papers may not be filed under seal merely by stipulation of the parties. A prior court order must be obtained. (CRC § 2.551(a); see H.B...

Excerpt: ...urs to the 1 st – 3 rd causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. The operative Second Amended Complaint (“SAC”) alleges that in November 2009, Plaintiff Elisa Perez began to experience some flooding problems in her residence that appeared to be connected to the sewer system. (SAC, ¶ 15.) Perez contacted Defendant Gonzalez of Alliance Restoration who provided ...

Excerpt: ... the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part, “In and about September 18, 2019, DECEDENT was a patron at the restaurant and bar of Defendant MAGGIE'S when he was involved in an altercation with certain persons including Defendants MANGUBAT and VARELA. [¶] Defendant MAGGIE'S and G & G intervened in the altercation. [¶] A second altercation occurred while in the premises of MAGGIE'S and person...

Excerpt: ...e facts sufficient to constitute a cause of action and is uncertain. As an initial matter, Plaintiff's Opposition refers to a joinder filed by the District, but this court is not in receipt of any such joinder. Even if the joinder had been filed, the District's joinder would be defective because the District had a previous opportunity, but failed to demur to the CC § 51.9 claim. Plaintiff Bjorn Torrecillas alleges that he was molested by Defenda...

Excerpt: ...te a cause of action and are uncertain. The First Amended Complaint (“FAC”) alleges that Plaintiffs Dean and Candice Selhay met Defendant Sergio Ulloa in 2006 when Plaintiffs sold their residence to Ulloa and agreed to seller carry-back financing in the amount of $736,500.00, secured by a Deed of Trust against the property. (FAC, ¶¶ 2-3, 7.) Thereafter, Ulloa utilized his confidential relationship of trust to obtain loans from Plaintiffs th...

Excerpt: ...American man. (TAC, ¶ 28.) On August 5, 2016, Plaintiff brought his wife's Mercedes C 300 in for service at Fletcher Jones Mercedes-Benz; he was directed to “a small office to obtain a loaner car”; a “Caucasian couple was served first, then… [a] light skinned brown man was served” even though Plaintiff arrived first. (Id., ¶¶ 20, 26, 39, 42.) The cars Plaintiff were shown were “extremely filthy.” (Id., ¶ 67.) The Branch Manager ...

Excerpt: ...on to Compel Arbitration Defendants Bright Idea Investments, Inc., Executive Capital Group, Inc., and Eugene H. Read and Valarie Read, Trustee of the Read Trust move to compel arbitration pursuant to CCP § 1281.2. The Complaint, filed on June 10, 2019 alleges that William Arthur Miller (“William”) and Robert Lynn Miller (“Robert”) are brothers. (Complaint, ¶ 16.) The subject real property was initially held in the names of William and C...

Excerpt: ... interrogatories is GRANTED. Within 20 days, Defendants are ordered to serve supplemental responses. II. Plaintiff PIH Healthcare Hospital-Whittier's motion for orders compelling Defendants Cigna Healthcare of California, Inc., Cigna Health and Life Insurance Company, and Connecticut General Life Insurance Company to provide further responses to Plaintiff's first sets of special interrogatories is GRANTED. Within 20 days, Defendants are ordered t...

Excerpt: ...tial matter, the court critically notes that Plaintiff has filed a 23-page motion in violation of the 15-page limit per CRC 3.1113. This is not a complex issue. The motion could have been made within the page limits. 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 cour...

Excerpt: ...ted to the public entity and has been acted upon by the board, or has been deemed to have been rejected by the board….” (Cal. Gov. Code §954.4.) “The court shall relieve the petitioner from the requirements of Section 945.4 if the court finds that the application to the board under Section 911.4 was made within a reasonable time not to exceed that specified in subdivision (b) of Section 911.4 and was denied or deemed denied pursuant to Sec...

Excerpt: ...ob. From doing the repetitive work, Plaintiff experienced debilitating pain in his lower back and right shoulder. Plaintiff visited a doctor and was placed on certain restrictions not to push, pull and carry 5 pounds or more.” (Complaint ¶10.) “On or about May 23, 2018, Plaintiff was released back to work by his physician with restrictions of not to push, pull and carry 5 pounds or more.” (Complaint ¶14.) Shortly thereafter, a representat...

Excerpt: ...es engaged in an exchange of discovery. Plaintiff filed a Motion to Compel Further Discovery Responses, which was granted in part. Plaintiff's Deposition occurred on February 19, 2021. On July 7, 2021, Defendant's counsel served its CCP §998 Offer to Compromise. On August 10, 2021, Plaintiff's counsel accepted the 998 offer. On August 20, 2021, a Notice of Settlement was filed. Cal. Civ. Code §1794(d) states, “[i]f the buyer prevails in an ac...

Excerpt: ...ction for quiet title was filed on March 6, 2020. The pleading was amended twice per stipulation, and once after Court Order after Defendant REDIGER INVESTMENT MORTGAGE FUND's (“Rediger”) Demurrer to, and Motion to Strike portions of the Second Amended Complaint was heard. The operative Third Amended Complaint (“TAC”) alleges the following relevant facts: “In February of 2006, Peter Norwich purchased the subject property and took title ...

Excerpt: ...d and served by no later than the close of business on February 4, 2022. Opposition and Reply to be filed and served per Code in accordance with the hearing date. Opposing Party to give Notice. At any time, “[t]he court…may, on motion of either party after notice to the other party, set aside any void judgment or order.” (CCP §473(d).) “Lack of personal jurisdiction renders a judgment (or default) void, and the default may be directly ch...

Excerpt: ... filed. Plaintiff alleges that “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 examination per household. Defendant lied, representing that their two dogs resided in separate households, resulting in the Plaintiff being attacked by one of the dogs, wh...

Excerpt: ...that Defendants Central Arm Protection and Hector Chavez breached a loan agreement with $41,283.00 due and owing. The Complaint asserts causes of action for: 1. Breach of Contract (v. Central Arm Protection and Chavez) 2. Breach of Contract – Guaranty (v. Chavez) 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 judgm...

Excerpt: ...Health Services Corporation (“AltaMed”) demurs to the 3rd – 7 th causes of action on the grounds that the causes of action fail to state facts sufficient to constitute a cause of action and are uncertain. Cross- Defendant also move to strike improper allegations and punitive damages. The First Amended Cross-Complaint (“FAXC”) alleges that Cross-Defendant AltaMed breached the lease agreement by failing to vacate the property when the lea...

Excerpt: ...n the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. The Second Amended Complaint (“SAC”) filed on December 2, 2021, alleges that in April 2021, Plaintiff discussed with Defendant [about] becoming a partner in Plaintiff's business. Plaintiff was to retain an equity of 60% and Defendant to provide capital contribution for a 40% interest. Defendant agreed to provide capital contribution for a...

Excerpt: ...n for Summary Judgment against Defendant HECTOR MARROQUIN is DENIED. The alternative Motion for Summary Adjudication against Defendant HECTOR MARROQUIN is DENIED. Opposing Party to give Notice. Plaintiff's Requests for Judicial Notice are GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. (Cal. Ev. Code §452.) Defendants' HECTORS'S ROOFING, INC., and HECTOR MARROQUIN's joint request for a contin...

Excerpt: ... sidewalk surface of Hacienda Boulevard. As she was walking she tripped over raised, cracked and uneven concrete with protruding tree roots from an adjacent tree located on the sidewalk of Hacienda Boulevard. [¶] On or about October 5, 2017, Defendants owned, managed, maintained, and inspected the vegetation on the subject sidewalk and the subject sidewalk surface, located at or near 3061 Hacienda Boulevard, Hacienda Heights, CA 91745, approxima...

Excerpt: ...uary 7, 2019. On October 1, 2021, Plaintiff filed the operative Third Amended Complaint (“TAC”). The TAC alleges, in pertinent part, “In approximately November 2010, during the time that GOLDEN was Plaintiff's physician, Plaintiff and GOLDEN began a personal, romantic, intimate relationship. In approximately December 2010, Plaintiff and GOLDEN began having sexual intercourse. Plaintiff and GOLDEN saw each other a minimum of once or twice pe...