Excerpt: ...ay, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. (CCP § 1008.) The legislative intent was to restrict these motions to circumstances where a party offers the court some fact or circumstance not previously conside...

Excerpt: ... whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. (CCP § 1008.) The legislative intent was to restrict these m...

Excerpt: ...nswers within 10 days. Opposing Party to give NOTICE. Defendants Inclusion Services, LLC and Inclusion Specialized Supported Living Services, LLC demur to the 2 nd and 3 rd causes of action on the ground that it fails to state facts sufficient to constitute a cause of action. The First Amended Complaint alleges that on 1/24/19, Plaintiff Gloria Valles was on her driveway of her residence and while exiting the driver's side of her vehicle, she was...

Excerpt: ...entioned, Defendants, and each of them, were and are in the business of, and prior to January 25, 2017, and continuing, did design, manufacture, assemble, inspect, endorse, draft, test, fail to warn, franchise, supply, sell, lease, certify, distribute, market, install, repair, service, modify, implant and place into the stream of commerce the subject formaldehyde, formaldehyde-based products and products containing formaldehyde including, but not...

Excerpt: ...re DENIED. “Although the existence of statements contained in a deposition transcript [or declaration] filed as part of the court record can be judicially noticed, their truth is not subject to judicial notice.” (Big Valley Band of Pomo Indians v. Sup. Ct. (McAllister) (2005, 1 st Dist., Div. 2) 133 Cal.App.4th 1185, 1191.) This products liability action was filed by Plaintiff BENJAMIN C. WATSON (“Plaintiff”) on May 24, 2018. Plaintiff al...

Excerpt: ...ng fees for what would be the remaining seven motions. The following Order will take effect upon the filing of the proof of payment of the fees: Plaintiff Jane Doe's motion to compel Defendants to (1) respond to Plaintiff's written discovery and (2) produce Laura Pantoja for deposition is GRANTED. Defendants Miguel Pantoja and Healing Therapy Spa, Inc. are ORDERED to serve responses without objections within 20 days. The truth of the matters in P...

Excerpt: ...nd email accounts of Plaintiffs Paul Mercer and Joseph Rossini for forensic inspection pursuant to CCP § 2031.320. CCP § 2031.320(a) provides, “ If a party filing a response to a demand for inspection, copying, testing, or sampling… thereafter fails to permit the inspection, copying, testing, or sampling in accordance with that party's statement of compliance, the demanding party may move for an order compelling compliance.” Caremore's Cr...

Excerpt: ...e facts sufficient to constitute a cause of action. The Complaint, filed on 5/4/21, alleges that Plaintiff Olga Flores (“Olga”) and Defendant Pedro Flores (“Pedro”) were in the process of a divorce action (Case No. 20WHFL00394). Pursuant to divorce proceeding, Pedro was not permitted to sell the parties Los Angeles and Palmdale properties without Court order or written agreement. Olga and Pedro were the joint owners of the properties unde...

Excerpt: ...LENE GARCIA, and J.J., a minor, by and through his guardian ad litem, MARLENE GARCIA on October 11, 2017 (“Plaintiff”). On March 28, 2018, the operative First Amended Complaint (“FAC”) was filed. The relevant facts, as alleged, are as follows: “J.J. has been diagnosed with Down Syndrome and has been eligible for special education at WHITTIER CITY SCHOOL DISTRICT since July 2007. J.J. has intellectual disability that requires increased s...

Excerpt: ...f discovery. Plaintiffs filed a Motion to Compel Further Discovery Responses, which was denied. Plaintiffs also filed a Motion to Reopen Discovery, which was also denied. The case settled on June 2, 2021. Cal. Civ. Code §1794(d) states, “[i]f the buyer prevails in an action under [the Song Beverly Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, includin...

Excerpt: ...rt notes that in addition to the subject Demurrer and Motion to Strike herein, there are 4 other substantively similar Demurrers and Motions to Strike set for hearing—2 on November 9, 2021; 1 on November 30, 2021; and 1 on January 6, 2022. If all parties appear for the subject hearing and stipulate to have the later scheduled demurrers and motions to strike advanced and heard on this date, the Court can hear oral argument, vacate the future hea...

Excerpt: ...t to CCP § 473(d) is CONTINUED. The court will hear from the parties regarding a continuance date. Opposing Party to give NOTICE. Defendants Belmont Acquisitionss Corp. (“Belmont”) and 12 ReTech Corp. move to be relieved of default pursuant to CCP § 473(d). The court notes that Defendants do not seek relief on any of the discretionary provisions under CCP § 473(b), mandatory relief based on attorney fault, equitable relief, or that they we...

Excerpt: ...n the ground that they fail to state facts sufficient to constitute a cause of action. This action for Quiet Title was filed by Plaintiff South Gate Investment Group, Inc. (“SGIG”) against Defendant City of South Gate (“City”). Plaintiff's predecessor, California Truck Sales, purchased the property on 9/26/95. In 1997, the City Supervisor informed California Truck Sales that it would be required to install a wrought-iron fence and poles a...

Excerpt: ...ict”), Estrada-Segoviano, and Thorne move for summary judgment, or in the alternative, for summary adjudication of issues pursuant to CCP § 437c. EVIDENTIARY OBJECTIONS Defendant's Objections to Breeland Declaration are sustained as to ¶ 3, overruled as to the remaining paragraphs. COMPLAINT The operative complaint is the First Amended Complaint (“FAC”) filed on December 4, 2019. Plaintiff Breeland alleges that she was discriminated again...

Excerpt: ...de pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper, strike out any irrelevant, 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 co...

Excerpt: ...l, 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 proceeding was taken. (CCP § 473(...

Excerpt: ...o “restructure the Separate Statement to comply with the Rules of Court…. Asking the Court (and defense counsel) to sort through that, along with the additional reams of improper documents and arguments filed with the Opposition, simply should not occur. Plaintiffs should focus the Separate Statement, something they do not do.” (Reply 2:11-14.) The Court agrees. Plaintiffs' Separate Statement includes numerous irrelevant background facts, l...

Excerpt: ...YLE PARKS JR. CONSTRUCTION, INC.'s Motion to Strike Portions of the First Amended Cross-Complaint-in-Intervention of Cross-Complainant-in-Intervention ALLIED WORLD SURPULS LINES INSURANCE COMPANY on behalf of Security Protection Services, Inc. is GRANTED with 15 days leave to amend. Opposing Party to give notice. LYLE PARKS JR. CONSTRUCTION, INC.'s Request for Judicial Notice of the Express Indemnity Agreement between LYLE PARKS and COMMAND PERFO...

Excerpt: ...endant 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 Complaint ¶¶9-11.) 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.” (Complaint ¶12.) Plaintiff's Complaint asserts the following c...

Excerpt: ... 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. Superior Court (2006) 141 Cal.App.4th 1452, 1481.) This wrongful foreclosure action was filed by Plaintiff JESUS G...

Excerpt: ...y irrelevant, 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.) Generally, each party pay...

Excerpt: ...and punitive damages is DENIED. Motion to strike attorney's fees and treble damages is GRANTED with 10 days leave to amend. Moving Party to give NOTICE. I. Demurrer Defendant Rediger Investment Mortgage Fund (“Rediger”) demurs to the 4 th – 7th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. Plaintiff Peter Norwich filed the instant action on 3/6/20, which has been amended twice pursu...

Excerpt: ... 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 to serve a timely response was the result of mistake, inadvertence, or excusable neglect…. (c) The court shall make this order, unless it f...

Excerpt: ...the court must balance the public policy favoring settlements with that favoring equitable sharing of costs among tortfeasors. To do so, the settlement must be within the reasonable range of the settling tortfeasor's share of liability for the Plaintiff's injuries, taking into consideration the facts and circumstances of the particular case. (Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488, 499.) The Tech-Bilt court set forth ...

Excerpt: ...jections to the Declaration of Pamela Tuzzolino Nos. 1-4 are OVERRULED. Defendants WINDSOR TWIN PALMS HEALTHCARE CENTER LLC; S&F MANAGEMENT COMPANY, LLC; and WINDSOR OMG HOLDING COMPANY II, LLC (collectively “Defendants”) argue that: (1) there is a written agreement between Plaintiffs and Defendants providing for arbitration of all disputes arising out of or relating to Decedent's admission to Windsor Artesia; and (2) that the Federal Arbitra...

Excerpt: ...s barred by the statute of limitations. This Marvin action was filed by Plaintiff Mari Alvarez (“Mari”) on 3/4/21, and was amended as of right. The operative First Amended Complaint alleges that Mari and Christian were married in 1998, but divorced one another on 7/26/07. (FAC, ¶ 7.) “Thereafter, the parties reconciled in January 2008 and purchased a home together in November 2010.” (Id., ¶ 8.) “In or about 2008, Plaintiff and Defenda...

Excerpt: ...as Weeks filed a Supplemental Declaration on 8/11/21, purporting to attach a modified proposed Answer reflecting his representation of City Wide Transportation, but that Answer was not attached to the declaration. Although Defendant City Wide Transportation did not move to set aside its default, Defendant City Wide Transportation is a dba of Defendants Eric and Oralia Banuelos, and it appears that counsel will be representing City Wide Transporta...

Excerpt: ...o all causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action. This action was filed by Plaintiff Skinner by and through his guardian ad litem, Brenda Nonette on 6/9/20, and was amended as of right. The operative First Amended Complaint alleges that Skinner was an invitee of Defendant Downey High School on 1/14/20, when he was summoned to the boys gymnasium by another student where 20 or more stude...

Excerpt: ...California Regional Water Quality Control Board, Los Angeles Region (“Water Board”) moves for a preliminary injunction, requiring Defendants Mitchell Investors, LLC and Rafiel Shahbazian to comply with the Cleanup and Abatement Order (“CAO”) and immediately continue the Health and Safety Systems' on-Site and off-Site vapor intrusion mitigation efforts. Defendants' evidentiary objections to Carrasco's Declaration are overruled. In deciding...

Excerpt: ... November 19, 2020. The Complaint asserts causes of action for: (1) Breach of Written Contract; (2) Fraud; (3) Negligent Misrepresentation; (4) Disgorgement for Violation of B&P §7031; and Negligence. On December 28, 2020, the subject Cross-Complaint was filed by Defendant/Cross-Complainant (“Cross- Complainant”) KHANH DINH LAI (in pro per). The Cross-Complaint alleges, in pertinent part, “[Cross- Defendants] are negligent in entering cont...

Excerpt: ...d on September 8, 2021. (CCP §437c(a)(2).) Notwithstanding Plaintiffs' tardy Opposition, Defendants were still able to submit a Reply prior to the hearing. Consequently, given the lack of prejudice to Defendants, and in the interests of judicial efficiency, the Court elects to waive the procedural defect and will consider the Opposition as though it were timely filed. This action was filed by Plaintiffs AGUSTIN FRAYDE and MARGARITA FRAYDE (colle...

Excerpt: ... pending before this Court is whether to issue a preliminary injunction. To summarize, Plaintiff seeks injunctive relief to prevent Defendant from using/destroying Plaintiff's confidential information and property; as well as to order Defendant to physically turn over computers, electronic files, and keys to Plaintiff's premises that are still in Defendant's possession. A preliminary injunction is to preserve the status quo pending a trial on the...

Excerpt: ...everally, in the reasonable sum of $1,000.00, payable within 30 days. II. Plaintiff H Mart Norwalk, LLC's unopposed motion to compel further responses to requests for production to Smart Choice Supermarket, Inc., Set One is GRANTED. Defendant Smart Choice is ordered to serve supplemental responses within 15 days. Sanctions are imposed against Defendant Smart Choice and counsel, jointly and severally, in the reasonable sum of $2,760.00, payable wi...

Excerpt: ...ue, evidentiary, or terminating sanctions pursuant to CCP § 2023.010. 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 court may impose are such as are suitable and necessary to enable the party seeking discovery to obtain the objects of the discovery he seeks, but the...

Excerpt: ...1. Cal. Civ. Code §1794(d) states, “[i]f the buyer prevails in an action under [the Song Beverly Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorneys fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Here, there i...

Excerpt: ...NG, a minor by and through his GAL; and LEANNE HUANG, a minor by and through her GAL on February 28, 2020. On June 18, 2020, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part, “Plaintiffs Xishi Tan, Liam Huang, and Leanne Huang (hereinafter ‘Plaintiffs'), who are, respectively, the surviving spouse and children of Huolin Huang, suffered catastrophic loss and irreparable injury when Huolin Huang wa...

Excerpt: ...ies, Inc. demur t the 1 st – 6 th and 8 th – 9 th causes of action on the ground that they fail to state facts sufficient to constitute causes of action. JUDICIAL NOTICE is taken of Defendant's exhibits. (Ev. Code §452.) Plaintiff, in pro per, commenced this lawsuit on 2/14/20. The complaint has been amended multiple times, culminating in the operative Fourth Amended Complaint (“4AC”). Plaintiff alleges that Plaintiff was hired by Defend...

Excerpt: ...es breached California Government Code §1090, breached his fiduciary duties to the City, violated Labor Code §2860, and committed Fraud and Breach of Contract on the City. City presents the following evidence: Between 1992 to 1997, Robles was an elected member of the South Gate City Council (“City Council”). (UF 5). During his City Council tenure, Robles also served as the City's mayor from 1994 to 1997. (UF 6). In 1997, Robles was elected ...

Excerpt: ...f Process claim, and otherwise DENIED as to all remaining claims. III. Cross-Defendant Francisco Cerna's demurrer to cross-complaint is OVERRULED. IV. Cross-Defendant Maria Cerna's demurrer to cross-complaint is OVERRULED. V. Cross-Defendant Maria Cerna's motion to strike portions of cross complaint's request for punitive damages and attorney's fees is GRANTED. The court is inclined to deny leave to amend, but will hear from Cross-Complainants. O...

Excerpt: ...e relevant facts, as alleged, are as follows: “In 2013 Plaintiff was accepted to Defendants' Masters program in Acupuncture and Oriental Medicine program. [¶] After accepting Plaintiff to its Masters program, in order to lure Plaintiff's [sic] into its new and fledgling Doctorate program in Acupuncture and Chinese Medicine (DACM), in or about 2013, Defendants' representatives…during a meeting on its campus, in person, told Plaintiff that she...

Excerpt: ...djudication pursuant to CCP § 437c. EVIDENTIARY OBJECTIONS Plaintiff's Objections to the exhibits attached to McDaniels' Declaration are overruled. FIRST AMENDED COMPLAINT The operative First Amended Complaint (“FAC”) alleges that on 3/18/17, while in the course and scope of employment, Plaintiff Nolan Van Havermaat was directed by Defendants to install a sign using a scaffold. Plaintiff lost his footing and fell through an open hole of the ...

Excerpt: ...o Give Notice. This product liability action was filed 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 that had been filled just been filed to its brim with boiling h...

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 o...

Excerpt: ...�1794(d) states, “[i]f the buyer prevails in an action under [the Song Beverly Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorneys fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” Here, there is no dispute that P...

Excerpt: ...ing Party to give Notice. This action for partition of real property was filed by Plaintiff/Cross-Defendant JEREMY RIVARDE (“Rivarde”) on March 10, 2021. On April 27, 2021, the Subject Cross-Complaint (“X-C”) was filed by Defendant/Cross-Complainant GABRIELA RUIZ (“Ruiz”). The X-C alleges, in pertinent part, “Wanting to make sure that their family home stayed within the family and would be kept by RUIZ, Norma Ruiz agreed to sell the...

Excerpt: ...g of an appeal shall not stay enforcement of the judgment or order in cases not provided for in Sections 917.1 to 917.8, inclusive, if the trial court, in its discretion, requires an undertaking and the undertaking is not given, in any of the following cases… (1) Appellant was found to possess money or other property belonging to respondent. (2) Appellant is required to perform an act for respondent's benefit pursuant to judgment or order under...

Excerpt: ...for summary adjudication of issues pursuant to CCP § 437c. EVIDENTIARY OBJECTIONS Plaintiff's Objections to Lopez's Declaration are overruled as to Nos. 1- 5. Plaintiff's Objection to Lopez's Amended Declaration is overruled as to No. 1. Plaintiff's Objections to Vargas's Declaration are overruled as to Nos. 1-4. Defendant's Objections to Plaintiff's evidence are overruled as to Nos. 1-21. COMPLAINT The operative complaint is the Second Amended ...

Excerpt: ... on December 7, 2020. Responding Party/Defendant SAID BRAL died on April 20, 2021. (See Notice of Death FILED on May 11, 2021.) In Reply, Plaintiff agrees that the Motion is rendered MOOT because it would be impossible to compel Defendant BRAL to provide further responses. However, Plaintiff maintains that the Court should exercise its discretion pursuant to CRC 3.1348 and award sanctions in favor of Plaintiff due to the Deceased Defendant's fail...

Excerpt: ...'s (in its capacity as insurer of Cross-Defendant SECURITY PROTECTION SERVICES, INC.) Motion for Summary Judgment or alternatively Summary Adjudication against Cross-Defendant/Cross-Complainant COMMAND PERFORMANCE CONSTRUCTORS, INC. and Defendant/Cross-Complainant LYLE PARKS JR., INC.'s Third Amended Cross-Complaint. is DENIED. Opposing Party(s) to give Notice. This personal injury action was filed on December 7, 2016. Plaintiffs SIMETA and PEREZ...

Excerpt: ...tion on the grounds that they fail to state facts sufficient to constitute a cause of action, misjoinder, prematurity, and uncertainty. As an initial matter, the court finds that the filing of the demurrer was timely. Defendants filed the demurrer on 4/13/21, but the clerk rejected the filing for technical reasons. (See People v. Financial Casualty & Surety, Inc. (2017) 14 Cal.App.5th 308, 315; United Farm Workers of America v. Agricultural Labor...