Excerpt: ...laintiff PAUL AGUILAR on April 16, 2019. On June 6, 2022, the operative First Amended Complaint (“FAC”) was filed. Plaintiff seeks to recover a commission with the sale and purchase of certain real property located at 8331 Atlantic Boulevard (“Property”) by Ministerios Una Voz Profetica en Las Naciones, Inc. (the “Church”) from seller Defendant GUHO, INC. (“Guho”) pursuant to an installment sale contract. (FAC ¶¶10-12.) “BLAZI...

Excerpt: ...tice. The parties' 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.) Motion for Sanctions Defendants CIGNA HEALTHCARE OF CALIFORNIA, INC.; CIGNA HEALTH AND LIFE INSURANCE COMPANY; and CONNECTICUT GENERAL LIFE INSURANCE COMPANY (collectively “Defendants”) move for sanctions pursuant to CCP §128.7 on the grounds that Plaintiff's action i...

Excerpt: .... Moving Party to give notice. This action was filed by Plaintiff CHARTWELL STAFFING SERVICES, INC. (“Plaintiff”) on December 8, 2021. The relevant facts, as alleged, are as follows: “On information and belief, defendants Special Dispatch of California, Inc… on the one hand… and John Edward Dearing, Thomas Brian Dearing, and Martin Mantilla… (‘the Shareholders'), on the other hand, while purporting to operate as a corporation and it...

Excerpt: ...ntract action was filed by Plaintiff ALONDRA & PIONEER PROPERTY, LLC (“Plaintiff”) on September 20, 2021. The relevant facts, as alleged, are as follows: “On October 8, 2019, a large fire ignited at 15915 Pioneer Boulevard, Norwalk, California 90650. The burned building was owned by [Plaintiff] and maintained, occupied, and operated by Defendant, H MART NORWALK LLC. Defendant and Plaintiff entered into a Lease Agreement by which Defendant's...

Excerpt: .... 19STCV05281). Moving Party to give Notice. Defendants' Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) On March 15, 2019, Defendant/tenant VIVERA PHARMACEUTICALS, INC. (“Vivera”) filed a complaint against Plaintiff/landlord 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 ...

Excerpt: ...ed and served in accordance with the new hearing date. As of August 31, 2022, no Supplemental Briefs have been filed. This premises liability action was filed by Plaintiff ARMANDO ALCALA on August 23, 2020. On May 15, 2019, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges the following relevant facts: “On or about June 21, 2018, Plaintiff was lawfully within the PREMISES. Specifically, Plaintiff's employer, Defendant...

Excerpt: ...,500.40. 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 established the probable validity...

Excerpt: ... by the court. (CCP ¶ 515.020(a).) Counter bonding completely thwarts plaintiff's application for possession before trial, but the undertaking must be sufficient. (Edwards v. Sup.Ct. (1991) 230 Cal.App.3d 173, 178.) Upon the hearing, the court shall make an order determining the sufficiency or insufficiency of the bond. (CCP § 995.960(a).) “(a) A bond executed by personal sureties shall be accompanied by an affidavit of qualifications of each...

Excerpt: ...pelling plaintiff to attend a second independent medical exams, noticed for September 26, 2022, pursuant to CCP §§ 2032.310, 2032.320. “(a) In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive...

Excerpt: ...counsel, jointly and severally, in the reasonable sum of $10,035.00, payable within 30 days. Opposing Party to give NOTICE. Defendant West Coast Metals, Inc. moves to compel further responses to form interrogatories, special interrogatories, and document requests pursuant CCP §§ 2030.300 and 2031.310. CCP §§ 2030.300 and 2031.310 allow a party to file a motion compelling further answers to interrogatories if it finds that the response is inad...

Excerpt: ... September 20, 2022 at 10:30 a.m. in Dept. C. City may electronically file and serve a Supplemental Brief addressing the Robles declaration by September 6, 2022. Robles may electronically file and serve a Supplemental Response by September 13, 2022. Both briefs are limited to three pages. The parties may attach declarations and/or evidence beyond this page limitation. Opposing Party to give NOTICE. Cross-Complainant City of South Gate moves for e...

Excerpt: ...rs within 10 days. Opposing Party to give NOTICE. Cross-Defendants Mehea, USA LLC (“Mehea”) and Michael Behzad demur to the 1 st cause of action on the grounds that it fails to state facts sufficient to constitute a cause of action. Plaintiff Mehea USA LLC initiated this action on September 1, 2021, alleging that Plaintiff is the owner of a vacant real estate parcel located in Santa Fe Springs, California. (Complaint, ¶ 1.) Defendants Silvia...

Excerpt: ...C”) was filed. The FAC alleges the following relevant facts: “On or about June 21, 2018, Plaintiff was lawfully within the PREMISES. Specifically, Plaintiff's employer, Defendant Advanced Restoration, was hired and tasked to clean the solar panels on the roof of warehouse number 2 on the PREMISES. While performing the work, Plaintiff fell down through one of the skylights, which was a dangerous condition for lack of installment of any guidera...

Excerpt: ...e FAC alleges the following facts: “Plaintiff on or around 2019, made an inquiry into his benefits package our of CalPERS home office at Orange County in anticipation of his potential retirement. [¶] Plaintiff was shocked to learn that a warrant was issued on November 11, 2001, for $20,176.09 out of his account with the defendant without verbal or written authorization from Plaintiff as required by the Defendant's requirement. [¶] Plaintiff f...

Excerpt: ...for hearing on August 3, 2022. Without leave of Court, Plaintiffs filed untimely Oppositions on August 1, 2022. Although the Oppositions were due by no later July 21, 2022, the Court waived the procedural defect in the interests of judicial efficiency. (CCP §1005(b).) However, in fairness to the Moving Parties, the Court CONTINUED these matters to August 17, 2022 to provide Defendants with the opportunity to file Reply documents. The Court has n...

Excerpt: ...��) move to stay the action based on inconvenient forum pursuant to CCP § 410.30. On March 3, 2022, Plaintiffs Leonel and Jessie Aguino filed the instant complaint, alleging that they purchased a motor home from Defendants on March 30, 2019. Plaintiffs allege that Defendants failed to correct the defects in materials and/or workmanship that plagued the motorhome. The Complaint asserts a single cause of action for Violation of the Song-Beverly Co...

Excerpt: ...e time of Defendant's two settlement offers to determine if attorney's fees are available to Defendants under CCP § 998, for an award of Defendant's attorney's fees of either $2,875 for work after the 12/1/20 § 998 offer, or $6,075.00 for work after the 2/28/20 § 998 offer, and motion to vacate or tax Plaintiff's attorney award based on CC § 5975 is GRANTED in part. Defendant is entitled to recover attorney's fees in the sum of $5,450.00. Def...

Excerpt: ...ve 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 Fourth Amended Complaint (“4AC”) asserts the following causes of action: (1) Unfair Competition (Viol. Of Cal. Civ. Code §17200 et seq.); (2) Violation of the Homeowners Bill of Rights (Viol. Of Cal. Civ. Code §2923.5); (3) Fraud; (4)...

Excerpt: ...he court 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 pro...

Excerpt: ...a minor by and through her GAL TIFFANY FARABAUGH; and TIFFANY FARABAUGH, an individual (collectively “Plaintiffs”) on January 27, 2021. On June 14, 2021, the operative Second Amended Complaint (“SAC”) was filed. The relevant facts, as alleged, are as follows: “On April 26, 2019, Defendant Somara Hang, the owner and manager of Defendant Jenny's Donuts, sold and handed 5-year-old, Plaintiff Skylar a Maruchan Instant Lunch noodle soup cup ...

Excerpt: ...ESCROW TODAY, INC. (“ESI”); and DALIA GODINEZ (“Dalia”) on May 6, 2021. On April 8, 2022, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part: “Lazaro W. Diaz (hereafter ‘Lazaro') opened escrow #87327-DA with ESCROW TODAY, INC. (hereafter ‘ETI') on August 3, 2020, for the purchase of real property described as: 919 Grace Street, Bakersfield, CA 93305 (hereafter ‘The Property').” (FAC �...

Excerpt: ...plaintiff to attend his five independent medical exams, noticed for August 17-18, 22-24, 2022, in California, pursuant to CCP §§ 2032.310, 2032.320(a), (d), and (e). “(a) In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff, if both of the following conditions are satisfied: (1) The examination does not include any diagnostic test or procedure that is pa...

Excerpt: ...se of action. Moving party(s) to give notice. On November 15, 2021 Plaintiff Ismael Rivera (“Plaintiff”) filed a Complaint asserting causes of action for (1) deceit, (2) defamation, (3) IIED, (4) malicious prosecution, and (5) conversion/trespass to chattels against Defendants Enterprise Truck Rental, Inc. (“Enterprise”) and Franklin Paul Perkins (“Perkins”). The Complaint alleges in relevant part that Perkins, as an employee of Enter...

Excerpt: ...Complaint attached to the Moving Papers improperly includes a cause of action for violation of Civil Code § 51.9, which was previously sustained without leave to amend. Moving Party to give notice. Background This action was filed by Plaintiff Mykai Skinner by and through his guardian ad litem, Brenda Nonette on June 9, 2020. On January 20, 2022, the Court sustained without leave to amend Defendant Downey Unified School District's demurrer to th...

Excerpt: ... as follows: “At all times relevant hereto, [Plaintiff] has owned the real property commonly known as 13019 Cornuta Avenue, Downey, California 90242 (the ‘Property'). (Complaint ¶2.) “As of the date of filing this action, Plaintiff has paid Defendants $694,578 and the Project has not yet passed its framing inspection. To try and avoid confrontation and have the Project completed in a timely manner, Plaintiff made payments to Defendants ahe...