Excerpt: ...filed by Plaintiff BRYAN HAAS (“Plaintiff”) on June 7, 2022. Plaintiff's Complaint alleges the following pertinent facts, “On or about December 29, 2021, Plaintiff, along with his partner… James Sladeck, financed and purchased the Boat and a customer made trailer for approximately $139,000.00… from Commander Boats, a sole proprietor….” [¶] After Plaintiff purchased the Property from Commander Boats in December 2021, additional work...

Excerpt: ...nstitute a cause of action. Plaintiff Henry Aguila's operative First Amended Complaint (“FAC”) alleges the following relevant facts: Defendant Guinevere Malley had been the attorney for Plaintiff and Thee Aguila Inc. from 2012 – 2019. “In June of 2021 Plaintiff sought the assistance from Defendant Malley, with respect to her prior representation and legal fees paid to her in the Disparagement Suit. In particular, Defendant Malley was depo...

Excerpt: ...ices Inc. (“Damco”) demurs to all causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. This is an employment action. Plaintiff Saul Sanchez alleges that he was hired by Simplified Labor Staffing Solutions, Inc. on June 19, 2019 as a Loader. Plaintiff primarily worked for Defendant Damco. In February 2020, Plaintiff had surgery and took time off from work to recover. Plaint...

Excerpt: ... 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 provisions ...

Excerpt: ...to give notice. Defendant's request for judicial notice is GRANTED. Cal. Ev. Code §452 This products liability action was filed on June 7, 2019. The operative Third Amended Complaint (“TAC”) was filed on June 14, 2021. The TAC alleges that on December 4, 2017, Decedent GILBERT DOMINGUEZ (“Decedent”) was working at a trucking terminal owned and operated by Estes Terminals and suffered injuries due to being run over by a tractor manufactur...

Excerpt: ...ave to amend in part. Moving Party to give Notice. Defendant's Request for Judicial Notice is GRANTED. Cal. Ev. Code §452. This wrongful foreclosure action was filed by Plaintiff JESUS GARCIA on September 9, 2021. On April 27, 2022, the operative Second Amended Complaint (“SAC”) 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 ...

Excerpt: ...n is filed by Plaintiff SARAH MORALES, by and through her Successors-in- Interest, Richard P. Morales and Joel Morales Jr.; RICHARD P. MORALES individually; and JOEL MORALES JR., individually (collectively “Plaintiff”). Plaintiff alleges, in pertinent part, “MS. MORALES was a patient of WHITTIER HOSPITAL from December 18, 2020 until her discharge on January 8, 2021.” (Complaint ¶14.) “From December 31, 2020 to January 7, 2021, MS. MORA...

Excerpt: ...California, PC, and motion for summary adjudication is GRANTED as to Issues 1-2, 5, and 7-8, and DENIED as to Issues 3- 4, and 6. As triable issues remain, motion for summary judgment is DENIED. Moving Parties to give NOTICE. I. Joinder On March 24, 2022, Defendant Robert Half International Inc. (“Robert Half”) filed a motion for summary judgment or, in the alternative, for summary adjudication. On the same date, Defendants United HealthCare ...

Excerpt: ...thout leave to amend in part. Moving Parties to give NOTICE. On October 21, 2016, Plaintiff Belman filed a Complaint in Case No. VC065875 (“First Lawsuit”), alleging: “On or about April 6, 2016, plaintiff was beaten, assaulted, attacked and knocked unconscious by Mariel Garcia, Jesus Erasmo Garcia & Gizzella Cabrera… After plaintiff was attacked, she was terminated from her employment by the joint employers. [¶] Prior to April 6, 2016, p...

Excerpt: ... days. Reduced sanctions are imposed against Defendant Nekola and Attorney Chazen, jointly and severally, in the reasonable sum of $1,000.00, payable within 30 days. Moving Party to give NOTICE. I. Demurrer and Motion to Strike Cross-Defendant Gutierrez demurs to all causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. This is a contract action filed by Plaintiff Jennifer Gutierrez against Defen...

Excerpt: ...ment for a term ending on October 31, 2024. Defendant vacated the premises while an unlawful detainer action was pending between the parties, and Plaintiff recovered possession in late September 2021. Based thereon, the Complaint asserts causes of action for: 1. Breach of Lease 2. Common Count At the right to attach hearing, the court shall consider the showing made by the parties appeari ng and shall issue a right to attach order, which shall st...

Excerpt: ...July 1, 2022. Plaintiff NISSAN MOTOR ACCEPTANCE CORPORATION (“Plaintiff”) applies for writs of possession against Defendants MAGDALENO ORTIZ and ELIGIO ORTIZ pursuant to CCP §512.010. Notice Prior to the hearing, the defendant shall be served with all 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 ...

Excerpt: ... M. Patel, Gavini, R. Patel, Lee, and PGP Consulting, LLC demur to the 1 st – 2nd, and 5 th – 16 th causes of action in the Complaint filed by SK Enterprises Tax, LLC on the ground s that they fail to state facts sufficient to constitute a cause of action. Plaintiff SK Enterprises Tax, LLC filed the action to protect its proprietary, confidenti al and trade secret information. Plaintiff alleges that Defendants conspired to and di d take propr...

Excerpt: ... alleges that on October 16, 2020, at around 11:08 p.m., Plaintiff was a passenger in a vehicle operated by Defendant Adriana Serrano when their vehicle collided with Defendant Lexie Granados at an intersection. (First Amended Complaint (“FAC”), ¶¶ 1-3.) “As Plaintiff's vehicle and Granados' vehicle entered the intersection of Alondra Boulevard and Pioneer Boulevard on a green light, the traffic signals and street lights at the intersecti...

Excerpt: ...of dirt on Alameda Street, a public right of way without permission and without warning signs to the public. On April 9, 2017, Decedent Rodney Myers, Sr. rode his motorcycle straight into the dirt, causing his death. Based thereon, the FAC asserts causes of action for: 1. Negligence (v. Walsh Shea) 2. Negligence (v. HNTB) 3. Negligence (v. J.F. Shea Construction, Inc. 4. Negligence (v. Comstock Company (ARUP) 5. Premises Liability v. (City of Com...

Excerpt: ...ailed to make payment on October 10, 2019. On August 4, 2021, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Defendant and Does 1-50 for: 1. Breach of Contract 2. Common Counts The Final Status Conference is set for October 14, 2022. Trial is set for October 28, 2022. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut throug...

Excerpt: ...of this Complaint, Plaintiff has filed over 10 complaints alleging a construction related accessibility claim.” (Complaint ¶8.) “Plaintiff went to the Business on or about March 9, 2022 for the dual purpose of shipping a package and to verify whether Defendants are now complying with the ADA and the UCRA. [¶] Unfortunately, although parking spaces were one of the facilities reserved for patrons, there were no designated parking spaces avail...

Excerpt: ...pursuant to CCP § 437c. OBJECTIONS Cross-Defendant Arunas Zvinakevicius' Objection No. 1 to Gill Decl, Ex. F, No. 1 to Gill Decl, No. 1 to Hyde Decl., and Nos. 1-10 are overruled. “[A] ll written objections to evidence in support of or in opposition to a motion for summary judgment or summary adjudication must be served and filed at the same time as the objecting party's opposition or reply papers are served and filed. (CRC § 3.1354(a).) Cros...

Excerpt: ...�On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general.” (CCP �...

Excerpt: ...s lawfully in the building of the Rite Aid Store located at or near 15800 Imperial Highway in La Mirada, California, (hereinafter ‘the Premises') …. [¶] At said time and place, APRIL STOGNER… while acting within he course and scope of their employment for defendant RITE AID CORPORATION… granted Plaintiff access to the left most restroom, of the two restrooms at the PREMISES when walking into the restroom area from inside the Premises, (h...

Excerpt: ...��Following [a] probate distribution, which occurred on or about June 1, 2004, three siblings agreed to operate the Property as a joint venture….” (FAC ¶4.) “Before June of 2016 the plaintiff and his brother Mjomo, discovered that the defendant, STANLEY L. GUYNESS, was not acting in the best interests of the joint venture…. [P]laintiff brought suit in Los Angeles Superior Court, Case Number VC065648 against Defendant STANLEY L. GUYNESS s...

Excerpt: ...the Second Amended Cross-Complaint (“SAXC”) on the grounds that it fails to state facts sufficient to constitute a cause of action, and is uncertain. This action for breach of contract was filed on June 26, 2019. The operative Second Amended Cross-Complaint (“SAXC”) alleges the following relevant facts: “While Cross-Defendants represent to their clients that they have obtained WCI [worker's compensation insurance] on their behalf, they ...

Excerpt: ... by Plaintiff GRICELLI MONGE, an individual, and GRICELLI MONGE, as successor in interest for the estate of ORLANDO MANUEL RAMIREZ, Decedent (“Plaintiff”) on August 6, 2021. On October 18, 2021, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges the following relevant facts: “On or about August 6, 2020, Decedent went to Defendant Tweedy Medical Group for a routine angiogram procedure (the ‘Procedure').” (FAC ¶...

Excerpt: ...STER BUILDING, LLC (“Plaintiff”) on April 19, 2022. The relevant facts, as alleged, are as follows “On or about February 19, 2029, Lessee's obligations to pay rent and other charges under the Lease had commenced and all conditions for the commencement of rental and other charges had been met under the Lease. [¶] Lessee failed to vacate the Premises and/or remove all its personal property and/or all other occupants by the Expiration Date of...

Excerpt: ...f's Objection Nos. 1-2 are overruled. Defendants' Objection Nos. 1-12 are sustained. COMPLAINT The Third Amended Complaint (“3AC”) alleges that on August 18, 2018, at 10:30 p.m., Plaintiff Gerardo Arguello was driving a Yamaha R63 motorcycle in the leftmost southbound lane of Alameda Street. Plaintiff proceeded straight on Alameda street at the intersection of 92 nd Street, when he was hit by a Chevrolet P30 food truck driven by Defendant Mic...