Excerpt: ...284.1. This court ordered the matter to arbitration and stayed the case “until conclusion of the arbitration.” An arbitration award has been rendered, and therefore, the motion is GRANTED and the stay is lifted. II-III. Confirm/Vacate Arbitration Award Plaintiff Powell moves to vacate the arbitration award, and Defendant Public Storage moves to confirm the arbitration award. Any party to an arbitration award may petition the court to confirm,...

Excerpt: ...damages pursuant to CCP § 437c. Objections Plaintiff's Objection Nos. 1-3 are overruled. Defendant's Objection Nos. 1-2 are sustained. Objection Nos. 3-6 are overruled. Second Amended Complaint Paintiff 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, incl...

Excerpt: ...l 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 proofs of service show that Defendants were served via substituted service with the Summons, Complaint, Notice, and Application for Writ of Possession on February 24, 2022. Merits Upon the filing of the complaint or at any time thereafter, the plaintiff m...

Excerpt: ... NOTICE. Defendant Lloyd moves to compel further responses to document requests pursuant to CCP § 2031.310. Plaintiffs Stepter and Jackson's First Amended Complaint (“FAC”) alleges that Plaintiffs were the Buyers and Defendant was the Seller of real property located at 11439 Pruess Avenue, Downey, CA 90241. (FAC, ¶ 3.) On September 1, 2020, Defendant accepted Plaintiff's offer to buy/sell the property for $749,000. (FAC, ¶ 7.) Escrow did n...

Excerpt: ...eges that on September 28, 2018, Plaintiff Maria Varela was on Defendants' premises when she tripped and fell, sustaining injuries. Based thereon, the Complaint asserts causes of action for: 1. Dangerous Condition 2. Vicarious Liability for Wrongful Conduct of Public Employees 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...

Excerpt: ... of Documents (set two) and Request for Production of Documents (set four) is GRANTED in part and DENIED in part. Moving Party to give Notice. Motion to Quash PMQ Deposition/Protective Order Plaintiff/Cross-Defendant UNITED NATURAL FOODS, INC. (“UNFI”) moves to quash the PMQ Deposition Notice pursuant to CCP §2025.410(c). Alternatively, UNFI seeks a protective order. Opposition was due by no later than April 5, 2022. (See 03/25/22 Order.) Th...

Excerpt: ...tained therein. Cal. Ev. Code §452. Plaintiff's untimely Opposition was reviewed and considered. This wrongful foreclosure action was filed by Plaintiff JESUS GARCIA on September 9, 2021. On December 20, 2021, the operative First Amended Complaint (“FAC”) 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 made on the loan. In fac...

Excerpt: ...nytime's Objection No. 1 to Preston Decl. is overruled. Walter Shea's Objection Nos. 1-7 are overruled. Standard A Cross-Complainant has met its burden of showing that there is no defense to 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. (CCP 437c(p)(1).) Pleadings and Procedural History This action was initiated on October 19, 2017. The operative First Amende...

Excerpt: ...edent”) by and through his successor in interest, ANABEL MARTINEZ, and ANABEL MARTINEZ, individually. Plaintiff alleges, in pertinent part, “In or around March of 2020, it was reported that approximately 10 cases… of COVID-19 have been confirmed at Defendants' FACILITY. Defendant FACILITY employees began to fail to show up for work. Defendant FACILITY failed to provide required care to the facility's residents and placed them in harm's way....

Excerpt: ...ass claims and asserted a single representative claim under PAGA. Plaintiff's First Amended Complaint (“FAC”) is the operative pleading. Defendants FASHION NOVA, INC. (“Fashion Nova”) and FN LOGISTICS, INC. (“FN Logistics”) (collectively “Defendants”) now argue that the PAGA claim in this action is barred by res judicata, and summary judgment granted, because “it has already been released as part of a PAGA settlement in another ...

Excerpt: ...the real property located at 8825 Washington Boulevard, Pico Rivera, California. (SAC ¶10.) Plaintiff is the sole shareholder of TAI. The property has been used as a restaurant/nightclub since 1994. (SAC ¶10.) The property has a Reciprocal Easement Agreement (“REA”). (SAC ¶10.) Defendants acquired their interest in the adjoining shopping center subject to the REA. (SAC ¶10.) In 2015, Plaintiff had to obtain a new Conditional Use Permit ha...

Excerpt: ...on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. The Complaint alleges that Plaintiff Jae Hoon Park and her late husband, Jong Tae Park purchased the subject La Mirada Property on August 16, 1991, and held title as joint tenants. (Complaint, ¶ 9.) On February 6, 2020, Jong Park passed away, and Plaintiff became the sole owner. (Id., ¶¶ 10-11.) On January 28, 2016, Plaintiff Jae Park mar...

Excerpt: ...inspection of the accident scene, tools, and related things and materials pursuant to CCP § 2031.310. CCP § 2031.310 allows a party to file a motion compelling further answers to inspection 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 by a meet and confer declaration. (CCP § 2031.310(b).) Plaintiff Watson alleges th...

Excerpt: ...ntiff”) against Defendant US STARFORCE (“Defendant”) on August 8, 2018. Plaintiff alleges that it issued two workers' compensation insurance policies in December 2014 and December 2015—Policy 1 and Policy 2. Both premiums “are based, in part, upon the insured's payroll information during the course of the policy period. Because the insured's final payroll amounts could not be determined with certainty until after the end of the policy, ...

Excerpt: ...de §452.) This PAGA action was filed by Plaintiff CARMEN NASSAR on August 12, 2021. Defendants' VOLT MANAGEMENT CORP. and VOLT INFORMATION SCIENCES, INC.'s (collectively “Volt”) specially demurs on the basis that Plaintiff's lawsuit is the sixth in a line of PAGA actions brought against VOLT. Volt argues that Plaintiff's Complaint is subject to demurrer under CCP § 430.10(c) because Plaintiff's claims are subsumed by pre-existing actions ag...

Excerpt: ...ing in the amount of $10,000.00 in satisfaction of the bond requirement for both applications. Moving Party to give Notice. On December 30, 2021, Plaintiff SK ENTERPRISES TAX, LLC (“Plaintiff”) filed a Complaint asserting the following causes of action: (1) Preliminary and Permanent Injunction; (2) Conspiracy; (3) Threatened Misappropriation of Trade Secrets; (4) Misappropriation of Trade Secrets; (5) Unauthorized Use of Computers, Computer S...

Excerpt: ...) “The decision to grant or deny a preliminary injunction 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 issuan...

Excerpt: ...IED. Opposing Party to give NOTICE. The operative Second Amended Complaint (“SAC”) alleges that in February 2016, Plaintiff met with ServPro Representatives regarding the operations of Plaintiff's ServPro franchise. (SAC, ¶ 16.) Defendants Nodbeh Enterprises, Inc. and Nodbeh employee Matthew Wilson steered Plaintiff into a transaction with the Ramos family. (SAC, ¶¶ 11-12, 17.) Defendants indicated that Jose Ramos wanted to purchase Plaint...

Excerpt: ... are uncertain. This contract action was filed by Plaintiff Sun West Mortgage Company, Inc. on December 24, 2020, alleging that Defendant Cornerstone Equity Group, Inc. breached a series of agreements regarding selling and brokering of mortgage loans. Based thereon, the Complaint asserts causes of action for: 1. Breach of Contract 2. Open Book Account 3. Account Stated 4. Reasonable Value 5. Common Counts 6. Conversion 7. Unjust Enrichment UNCERT...

Excerpt: ...to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to 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 t...

Excerpt: ... compel further responses to requests for admission pursuant to CCP § 2033.290. This is a dog bite case brought by Plaintiff Jose Choy against Defendants Susy and Edward Salsberg and Gislaine Pierrend (Doe 1). On 6/21/17, Defendants brought their two dogs to Plaintiff's veterinarian office. At the time, Plaintiff was offering a promotion for one free pet exam per household. The two dogs reside in the same household, but Defendants fraudulently r...

Excerpt: ... filed by Plaintiffs LAZARO W. DIAZ and JESSICA M. HERNANDEZ (in pro per) (collectively “Plaintiffs”) against Defendants TIFFANY M. OWENS (“Owens”); ESCROW TODAY, INC. (“ESI”); and DALIA GODINEZ (“Dalia”) on May 6, 2021. The relevant facts, as alleged, are as follows: “On November 19, 2020… Lazaro received wire instructions for $84,000.00 from an email ([email protected]) which contained, within the body of the email...

Excerpt: ...Plaintiff alleges that on April 3, 2021, Defendant 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 DAC ¶¶3-13.) 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.” (FAC ¶5.) Plaintiff's FA...

Excerpt: ... Cross-Defendant Francisco Cerna's motion for attorney's fees and costs is GRANTED in part. Attorney's fees and costs are imposed against Cross‐Complainants Garcia solely, in the reduced sum of $2,625.00 in attorney's fees and $295.60 in costs, payable to Francisco Cerna, within 30 days. Motion is DENIED as to RMEG Realty. III. Cross-Complainant RMEG Realty Incorporated's motion for attorney fees and costs as against Francisco Cerna and Maria C...

Excerpt: ...t of Defendant's Motion to Strike [CCP §425.16] in conjunction with his Demurrer. However, no such Special Motion to Strike is on calendar, and any such Special Motion to Strike is improperly noticed. Defendant filed a Demurrer with Motion to Strike. A motion to strike portions of a pleading (which typically accompanies a Demurrer) lies either when (1) there is “irrelevant, false or improper matter inserted in any pleading”; or (2) to strike...