Excerpt: ... However, the Court finds that those supplemental responses are not substantively different from the responses at issue. Therefore, the Motion is not rendered moot. Motion to Compel Further Responses to Request for Production of Documents “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...

Excerpt: ...as of August 9, 2021. Defendant's Requests for Judicial Notice are GRANTED. This action for wrongful death was filed by Plaintiff BLANCA PONCE, individually and as Successor in Interest to the Estate of Maria Dolores Rodriguez (“Plaintiff”) on February 18, 2020. The relevant facts, as alleged, are as follows: “This is a wrongful death action arising out of the death of Maria Dolores Rodriguez (aka DOLORES, Ms. RODRGUEZ, and/or Decedent) on ...

Excerpt: ...CO 2010-5, LLC, and Art Mortgage Borrower OPCO 2010-5, LLC (collectively “Americold”) move for judgment on the pleadings on the 1 st – 5th and 7 th – 8 th causes of action. Defendants' request for judicial notice is GRANTED. (Ev. Code § 452(h).) While this court does not normally take judicial notice of private contracts, Plaintiff does not object to the Request for Judicial Notice, and does not dispute the accuracy of the terms containe...

Excerpt: ... to Request for Admissions (set one) is DENIED. Opposing Party to give Notice. No Replies filed as of July 27, 2021. Trial is set for August 12, 2021. Motion to Compel Further Responses to Form Interrogatories (set one) and Special Interrogatories (set one) “If the propounding party, on receipt of a response to interrogatories, deems that (1) an answer to a particular interrogatory is…incomplete…or (3) an objection to an interrogatory is wi...

Excerpt: ... Health Hospital – Whittier…. [¶] Plaintiffs further allege that defendants, PIH Health Hospital – Whittier… negligently selected and/or retained medical staff at their respective medical facilities, thereby failing to ensue [sic] the competence of the physicians or nurses who treated him. Plaintiffs further allege that each of them, led plaintiff to believe that the persons who rendered medical care to her at PIH Health Hospital -Whitti...

Excerpt: ...ldren, grandchildren, and children-in-law of Decedent BOKSOON JUNG (“Decedent”). Plaintiffs allege, in relevant part, “Decedent… passed away on August 1, 2017. Prior to her death [D]ecedent had made a wish that she was shrouded and there be an open casket at the funeral.” (Complaint ¶7). “Upon Plaintiffs arrival, on August 4, 2017, a day before the funeral, they noticed that [the] individual in the casket did not look like [Decedent]...

Excerpt: ... § 437c. Objections District's evidentiary objections are overruled. Standard A defendant moving for summary judgment/adjudication has met its 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. Once the defendant or cross-defendant has met that burden, the burden shifts to the plaintiff or cross-complainant to show that a triable issue of one o...

Excerpt: ...for Judicial Notice is GRANTED. (Ev. Code § 452.) Plaintiff Stephanie Roldan's claims are based on violations of the Song-Beverly Act (or “lemon law” statute) by Defendant American Honda Motor Company for its failure to repair Plaintiff's 2018 Honda Civic. The First Amended Complaint (“FAC”) asserts causes of action for: 1. Violation of CC § 1793.2(d) 2. Violation of CC § 1793.2(b) 3. Violation of CC § 1793.2(a)(3) 4. Breach of Expres...

Excerpt: ...otice is GRANTED. Cal. Ev. Code §452. Plaintiff LOS ANGELES UNIFIED SCHOOL DISTRICT's Request for Judicial Notice is GRANTED. Cal. Ev. Code §452. This action for negligence was filed by Plaintiff LOS ANGELES UNIFIED SCHOOL DISTRICT (“LAUSD”) on December 28, 2018. On August 25, 2020, this Court granted LAUSD's Motion for Leave to File a First Amended Complaint—LAUSD was granted leave to add three new causes of action against Defendant/Cros...

Excerpt: ...t American Contractors Indemnity Company moves to set aside default pursuant to CCP § 473 and the court's equitable powers. “The court may, upon any terms as may be just, relieve a party or his or her legal representative 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 answe...

Excerpt: ...Screamline Investment Corporation's motion to compel further responses to form interrogatories general (set one) and UD (set one) is GRANTED in part. No sanctions. I. Defendant Screamline Investment Corporation's motion to compel further responses to request for production of documents, a privilege log, further production of documents and request for sanctions is GRANTED in part. No sanctions. Plaintiff to give NOTICE. I. Taricco's Motion Plainti...

Excerpt: ...tice is GRANTED. Cal. Ev. Code §452. As a procedural matter, the Court notes that the moving parties on the subject Demurrer and Motion to Strike are Defendants DHANI, INC.; WYNDHAM HOTEL GROUP, LLC; and DAYS INN WORLDWIDE, INC. However, Defendants WYNDHAM HOTEL GROUP, LLC and DAYS INN WORLDWIDE, INC. were dismissed without prejudice from this action on October 13, 2020. Therefore, the only remaining moving party is Defendant DHANI, INC. This pe...

Excerpt: ...e Guitron, and Emma Guitron moves to set aside default pursuant to the court's inherent equitable powers. Plaintiff's Complaint alleges that on 12/7/15, Plaintiff Garcia purchased a vehicle from Defendants Guitron Auto Sales, J. Guitron, and E. Guitron. On 11/30/16, Plaintiff Calderon also purchased a vehicle from Defendants Guitron Auto Sales, J. Guitron, and E. Guitron. On 12/1/16, both Plaintiffs took their vehicle to the establishment for ser...

Excerpt: ...”) was filed. The FAC 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 part 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 $220,000.00 invested by Plaintiff back to him.”...

Excerpt: ...s objections to Norton declaration are overruled, and objections to Prochnow declaration are sustained. In deciding whether to issue a preliminary injunction, a trial court weighs two interrelated factors: the likelihood the moving party ultimately will prevail on the merits, and the relative interim harm to the parties from the issuance or nonissuance of the injunction. A trial court may not grant a preliminary injunction, regardless of the bala...

Excerpt: ...um of $2,000.00, payable within 30 days. II. Plaintiff Ross's motion to increase number of hours for deposition of Defendant Matthew Wilson is GRANTED in part. Moving Party to give NOTICE. I. PMK Deposition Plaintiff Ross moves to compel Defendant Nodbeh Enterprises, Inc.'s PMK pursuant to CCP § 2025.450. “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a perso...

Excerpt: ...urden 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 may meet this burden by showing that the act which forms the basis for the plaintiff's suit was (1) any written or oral statement made before a legislative, executive o...

Excerpt: ...JPMORGAN CHASE BANK, N.A.'s Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED with 15 days leave to amend in part, and MOOT in part. Moving Party(s) to give Notice. This action for quiet title was filed on November 25, 2019. The operative Second Amended Complaint (“SAC”) 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...

Excerpt: ...KUI JIANG and MINGHUI TANG (“Plaintiffs”) on August 20, 2020. On February 18, 2021, the operative Second Amended Complaint (“SAC”) was filed. Plaintiffs allege that Defendants improperly withheld taxes and penalties from the proceeds of sales of Plaintiffs' real property, and failed to properly withhold taxes under FIRPTA. (see SAC ¶¶13-19.) Defendants LUCKY PROPERTY, INC. and SHIANG YU CHOU (“Defendants”) demur to the third, fifth,...

Excerpt: ...ves to compel further responses to requests for production 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).) Plaintiff seeks Defendant's surveillance e...

Excerpt: ...purposes with the related wrongful death action (VC066608) (“wrongful death action”). In the wrongful death action, the nominal defendants included Helena Kimble, Sabrina Gibson, and Montoria Gibson. On February 4, 2018, Helena Kimble filed her Answer in the wrongful death action. On November 29, 2018, Helena Kimble was formally included as a plaintiff. The Moving Parties herein—Sabrina Gibson and Montoria Gibson— have not appeared in the...

Excerpt: ...ed Complaint without leave to amend. Crime Stoppers argues that Plaintiff became aware of the following new facts relevant to his punitive damages allegations after the March 11, 2021 Order was issued:  Defendant JULIO PERALTA was unlicensed on the date of the Subject Incident; and  Before the date of the Subject Incident, the owner of Crime Stoppers loaned his private patrol operator license to someone who did not have a license “so that...

Excerpt: ...P § 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).) Plaintiff alleges that her 2018 Honda Accord suffers from widespread defects including an electrical defect, and Defendant refused t...

Excerpt: ...717. In any action on a contract, where the contract specifically provides 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 §...

Excerpt: ... Plaintiffs GILBERT DOMINGUEZ (“Decedent”) and CLAUDIA DOMINGUEZ on June 7, 2019. On December 21, 2020, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges, in pertinent part: “On or about December 4, 2017, decedent GILBERT DOMINGUEZ was working at a trucking terminal owned and operated by Defendants…. Without warning, a yellow 2014 ACTT terminal-tractor bearing fleet number 849270… and being driven by another ...

Excerpt: ...filed. The SAC alleges the following facts: “On May 16, 2017, plaintiff was on defendants' premises working out when defendant FITNESS's employee TALAVERA approached plaintiff in a hostile and menacing manner and accused plaintiff of disturbing another customer by making noise while working out, which plaintiff denied; and that, due to the hostile and menacing comportment of TALAVERA, plaintiff took out his cell phone to record the confrontatio...

Excerpt: ... to all three Motions, the Court finds that Plaintiff has submitted meet and confer declarations in substantial compliance with CCP §2016.040. Motion to Compel Further Responses to Requests for Production of Documents: “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 appl...

Excerpt: ...h, and 19 th – 21 st causes of action. Plaintiff Southern California Land Development Consultants, Inc. alleges that it provided Defendants with Entitlement and Engineering services. Defendants failed to pay Plaintiff. The Second Amended Complaint (“SAC”) asserts causes of action for: 1. Breach of Contract (Burke Street Project) 2. Quantum Meruit 3. Account Stated 4. Book Account 5. Breach of Contract (San Bernardino Rd.) 6. Quantum Meruit ...

Excerpt: ... was filed by Plaintiff on March 3, 2020. The relevant facts, as alleged, are as follows: “Plaintiff's mother owned the property until it was (improperly) transferred to the sole name of Defendant Arana. Plaintiff alleges that Plaintiff himself has paid the mortgage on the Property from at least the year 2011 to the date hereof; the mortgage was in the name of Plaintiff's mother, but Plaintiff paid all of the mortgage payments, and also paid fo...

Excerpt: ...hearsay statements contained therein. Cal. Ev. Code §452. Plaintiff, I.H., a minor by and through his GAL, Nancy Castellanos, filed this action against Defendants on September 11, 2019. Plaintiff's FAC, filed on February 18, 2020, asserts the following causes of action: (1) Negligent Supervision/Failure to Protect; (2) Negligent Hiring, Retention, and Supervision; and (3) Intentional Infliction of Emotional Distress. Plaintiff's claims arise out...

Excerpt: ...elevant and improper allegations pursuant to CCP § 435. The court may, upon a motion made 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 ...

Excerpt: ...to the 1 st – 3 rd causes of action on the ground that they fail to state facts sufficient to constitute causes of action. Plaintiff Gloria Valles alleges that on 1/24/19, Plaintiff was on her driveway of her residence when she tried to exit the driver's side of her vehicle when she was physically attacked by Doe 1, who was under the care and custody of Defendants Inclusion Services, LLC and Inclusion specialized Supported living Services, LLC....

Excerpt: ... th – 20 th causes of action on the grounds that the claims fail to state facts sufficient to constitute causes of action and are uncertain. Plaintiff Southern California Land Development Consultants, Inc. provided Defendants with Entitlement and Engineering services. Defendants failed to pay Plaintiff. promised to pay Plaintiff. The Second Amended Complaint (“SAC”) asserts causes of action for: 1. Breach of Contract (Burke Street Project) ...

Excerpt: ... 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).) Plaintiff alleges that her 2015 Nissan Sentra vehicle suffers from various defects, including the Transmission Defect; that Defendant has been unable to repair the vehicle withi...

Excerpt: ...as filed. The FAC alleges, in pertinent part, “Prior to Emilia Cobian's passing, on November 21, 2018, Emilia Cobian caused to be executed a Grant Deed that identified the subject properties address but contained an inaccurate description and transferred her interest to Yisell Hernandez. [¶] Plaintiff further alleges that Emilia Cobian and Sofia Cobian agreed that prior to Emilia's passing, Sofia Cobian would sign over and quit claim her name ...

Excerpt: ...wing facts are alleged, “On April 13, 2019, plaintiff was an on-duty fireman for the County of Los Angeles…. At approximately 8:00 a.m., plaintiff reported to his captain, defendant SAMPAUL LIAU, that he was not feeling well and also was experiencing a recurrence of a skin condition commonly described as ‘hives.' Plaintiff requested permission to leave the fire station and travel a short distance to a medical office where he could receive e...

Excerpt: ...Plaintiff Rental Acquisitions LLC is a commercial acquisition consultant providing “Finder” services by introducing interested sellers to buyers. On 6/21/17, Plaintiff's principal, Fred Hageman, met Defendant Ernie Quijada (of Defendant King Equipment LLC). Quijada offered a $1 million finder's fee to be paid to Plaintiff upon the sale of King to a buyer introduced to King by Plaintiff. Hageman agreed to a $1 million flat rate finder's fee. O...

Excerpt: ...is GRANTED. Moving Party to give NOTICE. Defendant Downey Unified School District demurs to the 3 rd and 6 th causes of action on the ground that they fail to state facts sufficient to constitute causes of action. Plaintiff Bjorn Torrecillas alleges that he was molested by Defendant Andy Magana, a custodian and employee of Defendant Downey Unified School District (“District”) when he was seven years old, at the Aspire after school program, wh...

Excerpt: ...a cause of action if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. Once met, the burden then shifts to the Defendant to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. (CCP § 437c(p)(1).) Plaintiff's complaint alleges that Plaintiff had property stolen from it by Erick Garcia, who sold the stolen property to Defenda...

Excerpt: ...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).) Plaintiff alleges that his 2015 Nissan Altima suffers from widespread defects including a transmission defect, and Nissan refused to repurchase the vehicle. The ...

Excerpt: ... to gain jurisdiction over a party that party must be properly served with the summons and complaint. Plaintiff filed a proof of service on January 4, 2021 showing personal service by a registered process server on December 29, 2020. The proof of service supports a presumption of valid service. (Cal. Ev. Code §647.) Here, Defendant (in pro per) submits her declaration under penalty of perjury stating that she “was allegedly served by personal ...

Excerpt: ...nts' Request for Judicial Notice is GRANTED. Cal. Ev. Code §452. This intentional tort action was filed by Plaintiffs MIGUEL ROJAS HERNANDEZ and GUADALUPE ROJAS (“Plaintiffs”) on February 2, 2017, and arises out of a February 8, 2015 incident where Plaintiff Miguel Hernandez Rojas was attacked by two unknown assailants with a glass beer bottle at the El Potrero nightclub. On August 7, 2020, the operative Third Amended Complaint (“TAC”) w...

Excerpt: ... Tuesday, 5/25/21 at 2:30 pm in Dept. C. Moving Parties to give NOTICE. I. Bifurcate Proceedings and JOP Plaintiffs James and Benita Waltz moves to bifurcate their claim for an order granting a partition by sale from the issue of distribution of proceeds from the partition pursuant to CCP § 1048(b). “The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a ...

Excerpt: ...ranting leave to amend. Moving Party to give NOTICE. I. Demurrer Defendant Hyundai Motor America demurs to the Complaint on res judicata grounds, and additionally demurs to the 5 th causes of action on the ground that it fail to state facts sufficient to constitute a cause of action. Defendant's Request for Judicial Notice is GRANTED. (Ev. Code § 452.) Plaintiffs Jose and Elizabeth Campos's claims are based on violations of the Song-Beverly Act ...

Excerpt: ...RPORATION (“Screamline”) moves to stay, or in the alternative, consolidate this unlawful detainer action (20NWCV00022) (“UD action”) with the earlier filed (unrelated) civil action (“Civil action”) for declaratory relief (20NWCV00581). Motion to Stay: “[T]he trial court has the power to consolidate an unlawful detainer proceeding with a simultaneously pending action in which title to the property is in issue. That is because a succe...

Excerpt: ...TANA; and ELIJAH VILLASENOR (a minor, by and through his Guardian ad Litem, EDITH TELLEZ) (collectively “Plaintiffs”) on September 18, 2018. The relevant facts, as alleged, are as follows: “On or about March 20, 2018, Defendants' employee found 46-year-old Marisol Tellez Santana (‘Decedent') lying motionless on Defendants' property, located at 13530 Rosecrans Ave, Santa Fe Springs, CA 90670 (‘Subject Premises')…. A short time later, a...

Excerpt: ...edly slipped and fell while walking between aisles 18 and 19 of a Walmart Superstore located at 40130 10th Street, West Palmdale, CA. On December 22, 2020, Plaintiff filed a Complaint against Defendants Walmart Claims Management Inc. and AR Claims Management Inc. for negligence. On April 9, 2021, Defendant Walmart Inc. filed the instant Motion to Strike Punitive Damages from Plaintiff's Complaint. Plaintiff filed an opposition on April 29, 2021. ...

Excerpt: ...to exercise the jurisdiction it has over a transitory cause of action when it believes that the action may be more appropriately and justly tried elsewhere. [Citations].” (Stangvik v. Shiley, Inc. (1991) 54 Cal.3d 744, 751.) The doctrine has been codified in Code of Civil Procedure section 410.30. “The inquiry is whether ‘in the interest of substantial justice an action should be heard in a forum outside this state.' ” (Animal Film, LLC v...

Excerpt: ... that her teacher, Defendant Hector Rodriguez, harassed, abused, molested, assaulted, and battered her. On January 1, 2020, Plaintiff filed a First Amended Complaint alleging causes of action for (1) assault and battery; (2) negligence; (3) Penal Code § 11166; (4) Civil Code § 51.9; (5) Education Code § 220; (6) Civil Code § 1708.5; and (7) Intentional Infliction of Emotional Distress. On October 27, 2020, the Court sustained with leave to am...

Excerpt: ...es that her teacher, Defendant Hector Rodriguez, harassed, abused, molested, assaulted, and battered her. On January 8, 2020, Plaintiff filed a First Amended Complaint alleging causes of action for (1) assault and battery; (2) negligence; (3) Penal Code § 11166; (4) Civil Code § 51.9; (5) Education Code § 220; (6) Civil Code § 1708.5; and (7) Intentional Infliction of Emotional Distress. On October 27, 2020, the Court sustained with leave to ...