Excerpt: ...the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges, in pertinent part, “Plaintiff and Defendants were former joint owners of a business named American K & K, Inc. On or about April 20, 2014, Plaintiff and Defendants agreed to party ways and memorialized their intention in a written Stock Buyout Agreement. In exchange for the return of all of Plaintiff's shares in American K & K, Inc., Defendants agreed to repay the $2...

Excerpt: ...will hear from Plaintiff. Moving Party to give NOTICE. Defendant California Public Employees' Retirement System (“CalPERS”) demurs to the 1 st – 5 th causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action, and are uncertain. The Complaint filed on June 23, 2021, alleges that Plaintiff Melvin Stokes was employed by Los Angeles County Metropolitan Authority (METRO). (Complaint, ¶ 1.) A warran...

Excerpt: ...ntative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or p...

Excerpt: ...ence of the documents, but not as to any hearsay statements contained therein. (Cal. Ev. Code §452.) This action was filed by Plaintiff HENRY AGUILA (“Plaintiff”) (pro per) on June 22, 2021. On October 4, 2021, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges the following relevant facts: · “In March of 2020 Plaintiff sued Defendant Civic Property for breach of contract on an insurance claim submitted by Robert...

Excerpt: ... part and DENIED in part. Moving Party to give Notice. This wrongful death action was filed by Plaintiff on June 9, 2020. The relevant facts, as alleged, are as follows: “In October 14, 2019… Defendants ROGERS and DOES 1 through 10 drove and operated their silver 2016 Nissan NV1500 van… within the parking lot located on the [Subject Property]. At the time, Defendants ROGERS and DOES 1 through 10 were acting within the course and scope of th...

Excerpt: ...ntiff's request for a continuance is DENIED. As stated in this Court's Order of December 14, 2021, “The Court has reviewed Plaintiff's counsel's declaration submitted in support of Plaintiff's Amended Opposition and does not find that another continuance is warranted under CCP §437c(h). This matter will be heard on the merits on the continued hearing date.” This action for premises liability was filed by Plaintiff ROCIO DEVORA (“Plaintiff�...

Excerpt: ...ejudice to Defendant, the Court exercises its discretion to waive this procedural defect and consider Plaintiff's untimely Opposition. This action was filed by Plaintiff SKINNER by and through his guardian ad litem, Brenda Nonette on June 9, 2020. The operative Second Amended Complaint (“SAC”) alleges: “DUSD's employee DOE Custodian opened the mens restroom or failed to lock the restroom for purpose of allowing Does 1 to 25 to sexually assa...

Excerpt: ...E. I. Special Motion to Strike Cross-Defendant Maria Gamez (“Maria”) moves to strike the Malicious Prosecution claim in Geraldo Gamez (Geraldo)'s cross-complaint pursuant to CCP § 425.16. If Plaintiff voluntarily dismisses the action after Defendant files an anti-SLAPP motion, the court loses jurisdiction to rule on the motion. (Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App.4 th 869, 878-879.) On 12/2/21, Geraldo dismissed the Ma...

Excerpt: ... Defendant Ford Motor Company (“Ford”)'s person most qualified (“PMQ”) pursuant to CCP § 2025.480. This is a “lemon law” action filed by Plaintiff Atilano Castillo, alleging that Plaintiff purchased a 2017 Ford Fusion from Defendant Ford Motor Company on November 8, 2016. (Complaint, ¶ 6.) After Plaintiff took possession of the vehicle, and during the warranty period, the vehicle developed defects. (Id., ¶ 11.) Ford violated the So...

Excerpt: ...th cause of action on the ground that it fails to state facts sufficient to constitute a cause of action and is barred by the Economic Loss Rule. Plaintiff 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, including a defective engine. (Id., ¶ 11.) Kia viol...

Excerpt: ...led by Plaintiff Carina Solares, alleging that on October 16, 2020, Plaintiff was a passenger in a vehicle operated by Defendant Lexie Granados, when their vehicle collided with Defendant Adriana Serrano at an intersection. (Complaint, ¶ 4.) The traffic signals and street lights were suddenly shut off, causing a dangerous condition. (Id., ¶ 3.) Based thereon, the Complaint asserts causes of action for: 1. Negligence (v. Cities of Norwalk and LA...

Excerpt: ...e NOTICE. Plaintiff Ross moves for an order permitting financial discovery pursuant to CC § 3295 against Defendants Stephanie Ramos, Jonathan Sanchez, Jose Ramos, Raav Corporation, Mathew Wilson, and Nodbeh Enterprises, Inc. and moves to reopen limited discovery pursuant to CCP § 2024.050. CC § 3295(c) provides: No pretrial discovery by the plaintiff shall be permitted with respect to the evidence [of defendant's financial condition] unless th...

Excerpt: ...alph B. Wegis and Law Offices of Ralph B. Wegis (collectively “Wegis”) demurs to the 2 nd – 6 th causes of action on the ground that they do not state facts sufficient to constitute a cause of action. The operative First Amended Complaint (“FAC”) alleges that Plaintiff Laila Jacobsma is an attorney and Jacobsma & Brau is her law firm. (FAC, ¶ 1.) Plaintiffs were originally retained by Defendant Song to represent him in a personal injur...

Excerpt: ...ANTED in part and DENIED in part. Moving Party to give NOTICE. This wrongful death action was filed by Plaintiff on June 9, 2020. The relevant facts, as alleged, are as follows: “In October 14, 2019… Defendants ROGERS and DOES 1 through 10 drove and operated their silver 2016 Nissan NV1500 van… within the parking lot located on the [Subject Property]. At the time, Defendants ROGERS and DOES 1 through 10 were acting within the course and sco...

Excerpt: ...Kamyar Shabani, Mercury Bowl, LLC, Green Rivera LLC and Optimus Properties, LLC demur to the 1 st – 4 th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. The operative First Amended Complaint (“FAC”) alleges that Thee Aguila Inc. (“TAI”) owned the real property located at 8825 Washington Boulevard, Pico Rivera, California. (FAC, ¶ 10.) Plaintiff is the sole shareholder of TAI. The...

Excerpt: ...th cause of action on the ground that it fails to state facts sufficient to constitute a cause of action and is barred by the Economic Loss Rule. Plaintiff Nancy Villalva alleges that she purchased a 2015 Kia Sorento from Defendant Kia. (Second Amended Complaint (“SAC”), ¶ 6.) After Plaintiff took possession of the vehicle, and during the warranty period, the vehicle developed defects, including a defective engine. (Id., ¶ 11.) Kia violated...

Excerpt: ...rt and DENIED in part. Moving Party to give Notice. This wrongful death action was filed by Plaintiff on June 9, 2020. The relevant facts, as alleged, are as follows: “In October 14, 2019… Defendants ROGERS and DOES 1 through 10 drove and operated their silver 2016 Nissan NV1500 van… within the parking lot located on the [Subject Property]. At the time, Defendants ROGERS and DOES 1 through 10 were acting within the course and scope of their...

Excerpt: ...nt procedural history of this case is as follows: · On August 28, 2019, this Court issued an Order on Defendants iFuel, Inc. Yepremyan; and Defendants Halaka and S&J Petroleum's separately filed anti-SLAPP Motions: 1. Defendants Halaka and S&J Petroleum's anti-SLAPP was GRANTED as to the fourth cause of action. 2. Defendant iFuel, Inc.'s anti-SLAPP was GRANTED to the extent that the claim alleges breach of the right of first refusal in the Retai...

Excerpt: ...dwriting expert, Frank Hicks, passed away. Defendants seek to replace Mr. Hicks with Linton A. Mohammed, Ph.D. In Opposition, Plaintiff argues that the Motion should be denied as untimely, and because it lacks good cause. “(b) A motion under subdivision (a) shall be made at a sufficient time in advance of the time limit for the completion of discovery under Chapter 8 (commencing with Section 2024.010) to permit the deposition of any expert to w...

Excerpt: ...on the ground that they fail to state facts sufficient to constitute a cause of action. This action for Quiet Title was filed by Plaintiffs Ismael, Oscar, Lucia, Jose, and Ofelia Gonzalez against Defendants Maria and Lorena Perez. On April 29, 1994, in order to facilitate a re-finance of the subject property, the Plaintiffs deeded the property to Defendant Maria Perez, and Maria would hold the property in trust for herself and her siblings, the G...

Excerpt: ... July 7, 2015, in the course and scope of Plaintiff's employment as an employee of non-party Saffron Spot, Plaintiff was using Defendant JC Foodservice Inc.'s sugar can juicer when he became injured when his fingers and/or hand came into contact with the sugar cane juicers' rollers and/or moving parts. Based thereon, the Complaint asserts causes of action for: 1. Strict Liability 2. Negligence 3. Breach of Express Warranty 4. Breach of Implied Wa...

Excerpt: ...18. Plaintiff Deanne Munroe asserts a claim for medical negligence, and Plaintiff David Munroe asserts a claim for loss of consortium. This action was filed in Los Angeles County. Sometime during the pendency of litigation, Plaintiff Deanne Munroe moved to South Carolina. Defendant PIH HEALTH HOSPITAL – WHITTIER (“Defendant”) now moves to compel Plaintiff Deanne Munroe to attend an independent medical examination to be performed in Southern...

Excerpt: ...junction 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 issuance of a preliminary injunction. (O'Connell v. Super...

Excerpt: ...�) filed this action for partition and cancellation of instrument against Defendants Mario Alberto Vega, Silvia Vega (collectively, “Defendants”), and all persons unknown claiming any interest in the property named as Does 1 through 50. Following Defendants meritorious motion to strike, Plaintiffs filed the operative First Amended Complaint (“FAC”) on August 27, 2021. The FAC asserts causes of action for: 1. Partition; and 2. Cancellation...

Excerpt: ...Hospital, Inc. (“PIH Whittier”) and PIH Health Hospital—Downey, formerly Downey Regional Medical Center-Hospital, Inc. (“PIH Downey”) (collectively, “Plaintiffs”) commenced this suit on November 20, 2020, against defendants Cigna Healthcare of California, Inc. (“Cigna California”), Cigna Health and Life Insurance Company (“Cigna Life”), and Connecticut General Life Insurance Company (“Connecticut General”) (collectively,...

Excerpt: ...f”) against Defendant LINDA CARABALLA (“Defendant”) on September 1, 2021. The Complaint asserts one sole cause of action for Violation of the Ralph Civil Rights Act of 1976. Plaintiff alleges, in relevant part, “Defendant owns and/or operates the website for ‘The Metro Watch,' and the parallel Facebook and Instagram accounts…. Defendant clearly owns and/or operates these three accounts… collectively or individually, and their respec...

Excerpt: ...ion award. (CCP § 1285.) A response to the petition may request the court to dismiss the petition, confirm, correct or vacate the award. (CCP § 1285.2.) The petition must contain the following: 1) the substance of or have attached a copy of the agreement to arbitrate; 2) the names of the arbitrators; and 3) a copy of the award and written opinion of the arbitrators, if any. (CCP § 1285.4.) If a petition is duly served and filed, the court shal...

Excerpt: ... order pursuant to CCP §§ 2030.090, 2030.040, 2033.080, and 2023.040. The Complaint was amended as of right. The FAC, filed on August 30, 2021, alleges that Plaintiff and Defendants entered into multiple written agreements under which Plaintiff agreed to sell Produce and the Defendants agreed to purchase Produce. Defendants owe Plaintiff $173,589.19. Based thereon, the Complaint asserts the following Counts: 1. Breach of Contract 2. Breach of G...

Excerpt: ...tion 1 to Liu's declaration is overruled. MERITS A defendant moving for summary judgment/adjudication has met his burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP §437c(p)(2).) Defendant Ford contends that it is entitled to summary judgment because Plaintiff Atilano Castillo cannot show any damages. Alternatively, Defendant seeks summary...

Excerpt: ...��14 calendar days before the hearing date after taking Thanksgiving and day after Thanksgiving holidays into account. This breach of contract action was filed by Plaintiff CHRISTOPER ORTIZ (“Plaintiff”) on August 24, 2020. Plaintiff alleges that he purchased a full coverage insurance policy with Geico (“Policy”). “Prior to purchase of the full coverage policy with Geico Casualty Company, Inc. Plaintiff specifically told the agent, duri...

Excerpt: ...R, a JESS T. NORIEGA CHIROPRACTIC COPORATION; JESS T. NORIEGA; and NIKOLAUS NORIEGA (collectively “Cross-Complainants”) filed the Subject Cross- Complaint. The Cross-Complaint alleges, in pertinent part, “Since Hernandez abandoned her positions at HPHC, she has purposefully withheld the password to access the account information relating to her former employer for the sole purpose of disrupting HPHC's business operations and causing financi...

Excerpt: ...LE, Successor Trustee of The Evelina Carale Revocable Living Trust (“Plaintiff”) on April 20, 2021. Plaintiff alleges the following relevant facts: “Plaintiff is at risk of losing their property due to Defendants' improper process and handling of Plaintiff's account as Plaintiff believes the amount due on the subject mortgages is the exact amount of missing monthly payments after Evelina Carale's death. Quality's subsequent denial of Plaint...

Excerpt: ... – 6 th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. The Third Amended Complaint (“TAC”) alleges that Plaintiff Sanli, LLC partnered with Defendant Yunus Sekerov and Defendant Peace Electronic Corporation (“PEC”) to fund, operate, and profit share in retail stores and kiosks doing business as “Fix It” in Los Angeles and Ventura counties; Plaintiff provided $250,000 to Defen...

Excerpt: ... R. Lugo is not deemed filed and served as of the date of this hearing. Plaintiff is ORDERED to FILE and SERVE the Second Amended Complaint by no later than 5 court days from the Court's issuance of this Order. Moving Party to give Notice. Motion to Compel Further Responses to RPD (set one): This products liability action was filed by Plaintiff ALICE MUK (“Plaintiff”) on June 26, 2020. The relevant facts, as alleged in the operative pleading,...

Excerpt: ...demurs to the 1 st, 2 nd, and 5th causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. Plaintiff Kosareff filed the instant Complaint on October 20, 2020, alleging that on March 29, 2019, Plaintiff was struck and run over by a vehicle driven by Defendant Angela Lyn Dela Fuente. (Complaint, ¶ 13.) The premises was owned and controlled by the Joint Venture (H&S Energy, LLC and ...

Excerpt: ...days leave to amend. Moving Party to give Notice. On June 9, 2021, a Request for Dismissal as to Defendant LIDO MOTEL, INC. was entered. This personal injury action was filed by Plaintiff SADIE KRAFT (“Plaintiff”) on August 12, 2019. Plaintiff alleges that “[o]n or about August 12, 2017, Plaintiff… checked in at the hotel…. [¶] On or about August 16, 2017, [Plaintiff] discovered multiple bite marks on her body, but was unsure of the ca...

Excerpt: ...Defendant RUBEN DOMINGUEZ as trustee of the Ruben Dominguez Living Trust (“Cross-Defendant”) on October 14, 2020. On May 14, 2021, the Subject Cross-Complaint (“Cross-Complaint”) was filed by Defendant/Cross-Complainant ROSALBA AVALOS. The Cross-Complaint alleges, in pertinent part, “At all times relevant to this Cross- Complaint, Cross-Defendants have been using and maintaining on their property an unpermitted structure that encroaches...

Excerpt: ...on for Monetary Sanctions is DENIED. Opposing Party to give Notice. No Replies filed as of November 16, 2021. Due by November 10, 2021. (CCP §1005(b).) Motion for Sanctions CCP §128.5 states that “[a] trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics made in bad faith, that are frivolous or solely intended to caus...

Excerpt: ...ation is GRANTED. This action for premises liability was filed by Plaintiff CRISTINA CHAVEZ (“Plaintiff”) on July 24, 2018. On March 21, 2019, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges the following facts: “Defendants…were the possessors, controllers, managers, designers, maintainers, inspectors, supervisors, and owners of the portion of the designated pedestrian crosswalks at the intersection of Pacifi...

Excerpt: ...negildo Espinoza Mendoza (“Hermenegildo”), Jose Luis Espinoza Mendoza (“Jose”), and Alejandra Romero Oceguera (“Alejandra”), alleging that Defendants breached an oral contract entered in the City of Downey, California. Hermenegildo is Plaintiff's half-brother, Jose is Hermenegildo's father and Alejandra is Hermenegildo's wife and Plaintiff's sister-in-law. In February 2008, Plaintiff became seriously ill. In the spring of 2008, Hermen...

Excerpt: ...rther Responses to Special Interrogatories Defendant Hanes Companies, Inc. (“Hanes Geo”) moves to compel further responses to special interrogatories pursuant CCP § 2030.300. CCP § 2030.300 allows a party to file a motion compelling further answers to interrogatories 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 ...

Excerpt: ... on October 27, 2021. Given the lack of prejudice evidenced by Kaiser's arguments in Reply, the Court will waive this procedural defect. This personal injury action was filed by Plaintiff NOLAN VAN HAVERMAAT (“Plaintiff”) on March 14, 2019. On August 29, 2019, the operative First Amended Complaint (“FAC”) was filed. The FAC asserts the following causes of action: (1) Negligence – against All Defendants; (2) Premises Liability –against...

Excerpt: ...010-5, LLC, and Art Mortgage Borrower Opco 2010-5, LLC (collectively “Americold”) move for summary adjudication pursuant to CCP § 437c. Objections Defendants' evidentiary objection Nos. 1-13 are overruled. Complaint The Complaint, filed by United Natural Foods, Inc. (“UNFI”) on January 24, 2020, alleges that Defendants breached the Storage Agreement by failing to keep Plaintiff's refrigerated space in Defendants' Vernon warehouse availab...

Excerpt: ...ladelphia Indemnity Insurance Company, and Safety National, Inc. demur to the 49 th – 52 nd causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. STATUTE OF LIMITATIONS Defendants contend the claims are barred by the applicable statutes of limitations. However, the claims relate back to the original complaint and are based on the same set of facts previously alleged. (Barrington v. A. H. Robins...

Excerpt: ...interpreted the CT as showing no abnormalities when in fact she had enlarged lymph nodes. (Complaint, ¶ 14.) As a result, Plaintiff was found to be a suitable kidney donor, and underwent a left donor nephrectomy on 7/3/18. On 2/11/19, Plaintiff was diagnosed with Hodgkin's lymphoma, and the CT done on 3/30/18 showed lymphoma. Plaintiff would not have donated her kidney had she known that she had lymphoma. The Complaint asserts a single cause of ...

Excerpt: ...OZA MENDOZA and Specially Appearing Defendants HERMENEGILDO ESPINOZA MENDOZA and ALEJANDRA ROMERO OCEGUERA (collectively “Defendants”) separately move to quash service. Since both Motions are substantively identical, the Court will address them together. Defendants seek to quash service of summons on the ground that Plaintiff's purported substituted service on Defendants at 3413 Mesa Verde Circle Stockton, CA on May 24, 2021 was not valid ser...

Excerpt: ...to give Notice. This action concerning a dispute over real property was filed on December 12, 2019. On October 9, 2020, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges the following facts: “On February 19, 2014, Josefina Arellano granted The Property to Hector Uriostegui (hereinafter ‘Hector U') …. [¶] Because the transaction between Arellano and Hector U did not accurately identify The Property, the Grant Dee...

Excerpt: ... give Notice. This personal injury action was filed by Plaintiff NOLAN VAN HAVERMAAT (“Plaintiff”) on March 14, 2019. On August 29, 2019, the operative First Amended Complaint (“FAC”) was filed. The FAC asserts the following causes of action: (1) Negligence – against All Defendants; (2) Premises Liability –against All Defendants; (3) Strict Liability – as to DOES 1 through 50; and (4) Punitive Damages. On August 12, 202, Plaintiff a...

Excerpt: ... out of breach of a rental lease was filed by Plaintiff/Cross-Defendant FITNESS INTERNATIONAL, LLC (“Fitness/Tenant”) on December 28, 2020. On January 28, 2021, the Subject Cross-Complaint was filed by Defendant/Cross-Complainant BRIXMOR PROPERTY OWNER II, LLC (“Brixmor/Landlord”). The Cross-Complaint alleges as follows: “On or about January 25, 2021, Landlord's predecessor-in- interest, M&H Realty Partners IV L.P. and [Tenant's] predec...

Excerpt: ... in support of the Motion for Preliminary Injunction were filed on October 25, 2021 without leave of Court, the Court exercises its discretion and considers the improperly filed documents. The purpose of a preliminary injunction is to preserve the status quo pending a decision on the merits. (Major v. Miraverde Homeowners Ass'n. (1992) 7 Cal.App.4th 618, 623.) Plaintiffs seeking injunctive relief must show the absence of an adequate damages remed...