Excerpt: ...th 10 days leave to amend as to the 6 th cause of action. Moving Parties to give NOTICE. Complaint The Complaint, filed on 6/7/19, alleges that on 12/4/17, Plaintiff Gilbert Dominguez was working at a trucking terminal when a tractor driven by another employee began to reverse and struck Plaintiff. After the incident, Plaintiff was placed in the care of Defendants Feerick and Paradigm, who allowed Plaintiff's condition to deteriorate, resulting i...

Excerpt: ...CCP § 1281 et seq. and also moves to stay the pending action. A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (CCP § 1281.) The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has be...

Excerpt: ...levant, 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). (CCP § 437.) It is a “commonly understood ...

Excerpt: ...e, page, and line number of the material objected to. Defendant's evidentiary objections are overruled. Complaint The Complaint filed on 3/19/18 alleges that on 4/1/16, Plaintiff was an invitee at the property to provide personal caretaking services for a disabled resident that lived at the property. She suffered personal injuries when she opened the screen door at the back entrance and fell down the steps and struck the cement ground. (Complaint...

Excerpt: ...500.00, payable within 30 days. Opposing Parties to give NOTICE. Cross-Defendant Rick Trevino (“Rick”) moves for an order striking the Cross- Complaint pursuant to CCP § 425.16. Cross-Defendant's Burden of Proof The moving party bears the initial burden of showing that the action falls within the class of suits subject to the special motion to strike. (Matson v. Dvorak (1995) 40 Cal.App.4th 539, 548; Dixon v. Superior Court (1994) 30 Cal.App...

Excerpt: ...ity to disqualify an attorney derives from the power inherent in every court “[t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.” (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145.) “A motion to disqualify a party's counsel may implicate ...

Excerpt: ...r special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding. For the purposes of this section, "attorney's fees" means reasonable attorney's fees a party may be authorized to recover by a statute apart ...

Excerpt: ...erruled. Complaint The Second Amended Complaint (“SAC”) alleges that on 12/10/17, Defendants negligently entrusted, managed, maintained, drove, operated, controlled and supervised the operation of their respective vehicles, causing a head-on vehicle collision, thereby proximately causing injuries and damages. Based on these facts, the SAC asserts causes of action for: 1. Negligence 2. Elder Abuse 3. Loss of Consortium 4. Loss of Consortium St...

Excerpt: ...statements contained therein. Cal. Ev. Code §452. No Opposition filed as of February 18, 2020. The Court notes that Plaintiff MIGUEL ANGEL CUEVA is a pro se litigant. This action for wrongful termination was filed by Plaintiff MIGUEL ANGEL CUEVA on December 8, 2017. The relevant facts are as follows: “Plaintiff began his employment with the Defendant as a driver, on October 20, 2014.” (SAC ¶15.) “During Plaintiff's employment with Defenda...

Excerpt: ... 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 of the claim upon which...

Excerpt: ...uiet title was filed by Plaintiff NICOLE MOUSSA (in pro per) on June 11, 2019. The relevant facts, as alleged in the operative pleading, are as follows: “From August 1, 2002, to date Plaintiff and Plaintiff's father have made all mortgage payments, tax payment and insurance payments on the PROPERTY.” (FAC ¶12.) “On or around June 29, 2018, Plaintiff and her father sent a Payoff Request Letter to Wells Fargo so that we could pay off our hom...

Excerpt: ...ions of Plaintiffs' First Amended Complaint is DENIED. Moving Party to give Notice. Defendants' request for judicial notice is GRANTED. Cal. Ev. Code §452. This action for elder abuse was filed by Plaintiffs HELEN LIVELY, by and through her Successor in Interest, Tammie Trout; TAMMIE TROUT, individually; and VICKIE LIVELY, individually on April 2, 2019. The relevant facts, as alleged in the operative pleading, are as follows: “[Defendants] owe...

Excerpt: ...mber 18, 2018, Plaintiffs filed the Subject Third Amended Complaint (“TAC”). The TAC alleges, in pertinent part, “PARK is an elderly man…. PARK's wife died in august 2013…. Soon after PARK's wife's death, KUMAGAYA approached PARK and offered to take care of him. KUMAGAYA convinced PARK to sell the home that he and his wife had shared. KUMAGAYA promised PARK that they would purchase real property and live together. In reliance on KUMAGAY...

Excerpt: ...DENIED as MOOT. Moving Party to give Notice. No Opposition(s) filed as of January 16, 2020. The Deposition Subpoena directed towards Hanmi Bank seeks to obtain the following documents: (1) All signature cards to all open or closed checking, saving, or other deposit or checking accounts in the name of or under signature authority of Lisa Om….; (2) All documents pertaining to all open or closed checking, saving, or other deposit or checking accou...

Excerpt: ...ion to Strike Both 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. 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”) (...

Excerpt: ...f The moving party bears the initial burden of showing that the action falls within the class of suits subject to the special motion to strike. (Matson v. Dvorak (1995) 40 Cal.App.4th 539, 548; Dixon v. Superior Court (1994) 30 Cal.App.4th 733, 742; Wilcox v. Superior Court (1994) 17 Cal.App.4th 809, 819.) A defendant need not first establish that his actions are constitutionally protected under the First Amendment as a matter of law. (Wilcox v. ...

Excerpt: ...ments pursuant to CCP § 2031.310. CCP § 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).) The court finds that Plaintiff adequately met and conferred. Nos. 16, 18-21 The Requests seek d...

Excerpt: ...c. Evidentiary Objections Defendant's objection to ¶ 9 of Jaime Ortega's Declaration is sustained and all remaining objections are overruled. Complaint This is an action involving a commercial lease dispute. Plaintiff alleges that Defendant Regal Capital Investments, LLC (“Regal”) entered into a 5-year commercial lease with Plaintiff on 7/8/17, for “the agreed use for marijuana business uses”. (FAC, ¶ 8.) The square footage of the lease...

Excerpt: ... Relevant Background Plaintiff Alexandria Equities No. 7, LLC (“Plaintiff”) filed the instant action on May 14, 2018. On August 16, 2018, Cross-Complainant Precision Agritech, Inc. (“Cross-Complainant”) filed a cross- complaint against Plaintiff and Cross-Defendant Agtech Accelerator Corporation (“Cross-Defendant”), asserting causes of action for declaratory relief, fraud-intentional misrepresentation, intentional interference with co...

Excerpt: ...plaint is OVERRULED as MOOT. Defendant South Whittier School District's motion to strike portions of plaintiffs' Complaint is DENIED as MOOT. Moving Party to give NOTICE. BACKGROUND On April 18, 2019, Plaintiff Derek Grasty (“Plaintiff”) filed a discrimination action against Defendants South Whittier School District, a school district (“District”); and Leadership Associates (“Associates”) (collectively, “Defendants”). The Complain...

Excerpt: ...ction against Defendant 5633 Maywood, LLC (“Maywood”). The Complaint alleges that on September 19, 2017 Maywood and Calderon entered into a Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate (the “Agreement”) whereby Calderon agreed to buy and Maywood agreed to sell the property located at 5633 Maywood Avenue, Maywood, California, 90270 (the “Property”). (Compl. ¶¶ 2, 9.) Calderon further alleges that afte...

Excerpt: ...D. III. Defendant Staples Contract & Commercial, LLC's Motion to Compel Further Responses to Special Interrogatories (set one) is GRANTED. Moving Party to give Notice. BACKGROUND This is a wrongful termination and discrimination case arising out of Plaintiff Semaje Millsap's (“Plaintiff”) employment with Defendant Staples Contract & Commercial, LLC (“Defendant”). Defendant Diana Mondragon (“Mondragon”) was the onsite Human Resources M...

Excerpt: ...laint (in BC692392) 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 alleged Zhang was driving the vehicle involved in the accident and Zhou owned the vehicle involved in the accident. Plaintiff alleged Defendants negl...

Excerpt: ...NGS, INC.'s Demurrer to Plaintiff's Fourth Amended Complaint is SUSTAINED without leave to amend. I. Defendant GOINGS & GOINGS, INC.'s Motion to Strike Portions of Plaintiff's Fourth Amended Complaint is GRANTED without leave to amend. I. Defendant MODA TRANSPORTATION, LLC's Demurrer to Plaintiff's Fourth Amended Complaint is SUSTAINED without leave to amend. Moving Parties to give Notice. Defendant GOINGS & GOINGS, INC.'s request for judicial no...

Excerpt: ...ts/Cross- Complainants ARACELI ARGUELLES SERRATO and SAUL SERRATO on June 6, 2019. The relevant facts, as alleged in the Cross-Complaint, are as follows: “Cross- Complainants are the record owners of…certain real property commonly known as 9456 Friendship Avenue, Pico Rivera, California, 90660….” (Cross-Complaint ¶10.) “On November 13, 2017, the SANTOYOS agreed to sell the Subject Property to Cross-Complainants. The SANTOYOS and Cross-...

Excerpt: ...ides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. (CC 1717(a).) The indemnity agreement between Plaintiff and Defendant Lucero...

Excerpt: ...KGROUND On March 20, 2019, plaintiffs Maria Diaz and Martin Joseph-Hernandez Salamanca (“Plaintiffs”) filed a dental malpractice action against Defendants Gloria Monica De La Cruz Rodriguez (“Rodriguez”), Chantiste Beal, D.M.D. (“Defendant”), Ernesto Tena, D.D.S. (“Tena”), Aury Arroyo Lourenco, DDS (“Lourenco”), A A Lourenco Dental Corporation dba De La Cruz Dental (“De La Cruz Dental”), and Ali Sabbaghzadeh, D.D.S. (“Sa...

Excerpt: ...nt against Defendant Wedgewood and Breckenridge Property Fund 2016, LLC (“Breckenridge”). On April 24, 2019, A Notice of Related Case was filed relating the instant case to 19NWUD00473 and 19NWUD00474. On May 28, 2019, Plaintiff filed the operative verified First Amended Complaint (“FAC”) against Defendants Wedgewood; Breckenridge; National Default Servicing Corporation (“National Default”); U.S. Bank, N.A. (“US Bank”) successor t...

Excerpt: ...ies for a writ of attachment in the sum of $97,000.00. 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 p...