Excerpt: ...etween Plaintiff ZARATE CONSTRUCTION, INC. (“Zarate”) and Defendant BELLA CASA DEVELOPMENT CORP. (“Bella Casa”), Bella Case brought a motion to Dismiss Zarate's Demand in Arbitration pursuant to Bus. & Prof. Code §7031 on the basis that Zarate was acting outside the scope of its California Contractor's license classification to perform the scope of work as set forth in its contract with Bella Casa. Bella Casa's Motion to Dismiss was DENI...

Excerpt: ...MIRANDA (“Plaintiff”) against Defendant AMINI INNOVATION, CORP. (“Defendant”). Plaintiff alleges that Defendant engaged in age discrimination. Specifically, Plaintiff alleges that she was discriminated against, due to her age, whenever a co-worker, “Esmerelda” complaint against her. The Second Amended Complaint “SAC” asserts the following causes of action: (1) Discrimination (Gov. Code §12940); (2) Harassment (Gov. Code §12940);...

Excerpt: ...On September 15, 2020, the operative Third Amended Complaint (“TAC”) was filed. Plaintiffs allege the following facts, “In or around May, June, and July of 2016, Defendants contacted the then-Trustee for Plaintiff ESTATE OF VICTOR ASAWA and promised that it (the trust) would receive rebates and tax incentives due to the Home Energy Renovation Opportunity (‘HERO') program, if Plaintiffs hired Defendants to install roofing, solar, and heati...

Excerpt: ... the Subject Property. Plaintiff is a medical health provider, and currently operates a Program for All Inclusive Care of the Elderly (“PACE”) at the Subject Property. Plaintiff alleges that, “Plaintiffs' operation requires that the clinic be sterilized and always disinfected. An attempt to gain access for a prospective tenant and evict Plaintiff without an opportunity to relocate poses a threat to the staff, employees and most importantly ...

Excerpt: ...031.310 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 his 2018 Nissan Rogue suffers from widespread defects including a powertrain defect, and Nissan refused to repurcha...

Excerpt: ...emain, motion for summary judgment is DENIED. Plaintiffs to give NOTICE. I. Scale-Tronix's MSJ/MSA Defendant Scale-Tronix, Inc.'s motion for summary judgment, or in the alternative, summary adjudication is GRANTED. Plaintiffs filed a Notice of Non- Opposition on 4/13/21. II. Kaiser's MSJ/MSA Defendant Kaiser Foundation Hospitals (Doe 2) (“Kaiser”) moves for summary judgment, or alternatively summary adjudication, pursuant to CCP § 437c. Evid...

Excerpt: ... 187. “Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency.” (Freiberg v. City of Mission Viejo (1995) 33 Cal. App. 4th 1484, 1489; CCP §§ 128 and 187.) An earlier-filed PAGA action, Parker v. Fashion Nova, Inc., et al., Case No. BC709650, was recently settled. The settlement covered all individuals assigned to work at Fashion Nova by staffing company Adecco, whic...

Excerpt: ...fendant's Objections 1-6 are overruled. Complaint Plaintiff Friendly Franchisees Corporation (“FFC”) was founded in 1986 by Harshad Dharod. FFC manages and operates Carl's Jr. franchises. In 2003, FFC hired Defendant Parth Mehta to oversee the IT department. In 2012, Plaintiffs Second Star Holdings LLC (“Second Star”) and Third Star Investments LLC (“Third Star”) were formed to operate certain Carl's Jr. locations. Mehta was granted 5...

Excerpt: ...motion that she may properly make is one to set aside the default. As Defendant's default has been entered, and not yet set aside, the Court has lost jurisdiction to address any action by the defaulted Defendant other than a motion to vacate entry of default. (See W.A. Rose Co. v. Municipal Court for Oakland-Piedmont Judicial Dist. (1959) 176 Cal.App.2d 67, 72.) In any event, given the Court's ruling herein, Defendant's request to quash or recall...

Excerpt: ...ndants…failed to use reasonable care to perform timely and appropriate prenatal tests and evaluations and advise LIZETTE BLANCO of the fact that MASON MENDEZ would be born with genetic impairments or disabilities. [¶] Plaintiff MASON MENDEZ was born with genetic impairments and disabilities. [¶] If LIZETTE BLANCO had known of the risk of the genetic impairments and disabilities, she would not have carried the fetus to term.” (Complaint ¶¶...

Excerpt: ...leges that Defendants Owiecki and the District subjected Plaintiff to verbal, psychological, and physical abuse. The Complaint asserts causes of action for: 1. Violation of 42 USC § 1983 2. ADA Discrimination 3. Violation of § 504 of the Rehabilitation Act 4. Violation of CC § 52.1 5. Battery 6. IIED 7. Negligence 8. Negligent Supervision 9. Violation of Mandatory Duty 10. Violation of CC § 51 11. Violation of Educ. Code § 220 Timeliness Pla...

Excerpt: ...acts sufficient to constitute a cause of action. Plaintiffs allege that Defendant and Plaintiff executed a Promissory Note in favor of Defendant in the amount of $85,000.00, which purported to have an interest rate of 5% per month, which equates to an annual interest rate of 60%. The Promissory Note was secured by a Short Form Deed of Trust and Assignment of Rents dated December 22, 2017. The Deed of Trust was executed by Plaintiffs and recorded ...

Excerpt: ... alleges: Plaintiff began working for Defendant Surface Modification Systems, Inc. in or about April 2010. (SAC, ¶ 13.) “[W]hile working for Defendant…over the years and more so shortly before being wrongfully terminated, Mr. Robinson was regularly subjected to various types of mistreatment, hostility, and eventually suffered corporal punishment, which became a regular practice and a convention that Defendant SMS allowed BAMOLA to employ and...

Excerpt: ...the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or dire...

Excerpt: ...on Nos. 1 and 9, and overruled as to the remaining objections. Plaintiff's objections to Carmerlengo Declaration are overruled. Plaintiff's objections to Castaneda Declaration are overruled. Defendant's objections to Lepe Declaration are overruled. Defendant's objections to Lopez Declaration are overruled as to the attached exhibits, and sustained as to counsel's arguments following each attached exhibit. Defendant's objections to Mendoza Declara...

Excerpt: ...P § 2030.300. The FAC alleges that on 8/26/17, Plaintiff Manuel Cruz went to Wells Fargo Bank to deposit money into the ATM and withdraw cash. As he left the ATM and the Plaza, owned and managed by Defendant Wells Fargo Bank, Defendant Eduardo Cabrera robbed Plaintiff at gun point and shot his several times. Based on these facts, the FAC asserts causes of action for: 1. Assault (v. Cabrera) 2. Battery (v. Cabrera) 3. IIED (v. Cabrera) 4. Neglige...

Excerpt: ...at the office of defense counsel, with rules of social distancing and wearing of masks enforced; and for the second part of the mental examination of E.C. to take place remotely by the examiner for up to six hours. In Opposition, Plaintiff argues that Defendant's request for an in-person IME must be denied due to restrictions and safety considerations associated with COVID-19. Plaintiff further argues that: Defendant fails to specify the exact cl...

Excerpt: ...) an answer to a particular interrogatory is…incomplete…or (3) an objection to an interrogatory is without merit or too general, that party may move for an order compelling further response.” (CCP §2030.300(a).) Substantively, Plaintiff does not oppose the merits of the Motion, and indicates that he is willing to provide further responses. Specifically, in his initial responses, Plaintiff indicates that “[f]ollowing the execution of a Pr...

Excerpt: ...ion. This action for medical malpractice was filed by Plaintiff on October 21, 2019. Defendant TAYLOR (“Defendant”) moves for summary judgment pursuant to CCP §437c. “[I]n any medical malpractice action, the plaintiff must establish: ‘(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection bet...

Excerpt: ... the entities who received the financial proceeds of the loans reflected by the mortgages; The identity of the individuals on behalf of WDW Joint Venture who entered into the mortgages identified; The owners of the real estate subject to the mortgages identified; The identities of individuals who negotiated the interest rate for mortgages identified; and The identity of the collateral offered to secure the mortgages identified. (See Motion 4:22 -...

Excerpt: ...o's objections are overruled. Coastal Capital Group's objections are overruled. Procedural History Plaintiff Coastal Capital Group (“CCG”) filed a Complaint alleging that in January 2016, Defendant Carrillo executed a promissory note in favor of NLSI, Inc. in the sum of $110,937.57. Carrillo executed a deed of trust encumbering the property for which NSLI, Inc. was the beneficiary. Carrillo used the loan to pay off a secured debt owed to Roge...

Excerpt: ...ication is DENIED as to the 4 th cause of action (brought by Brett and Jaime), the 5 th – 6 th and 8 th – 9 th causes of action (brought by Caleb), and the 2 nd – 3 rd, 5 th - 7 th, and 11 th – 13 th causes of action. As triable issues exist, motion for summary judgment on the Cross- Complaint is DENIED. Moving Parties to give NOTICE. Cross-Defendants Meribear Production, Inc. and Meridith Baer moves for summary judgment or, in the altern...

Excerpt: ...r Quiet Title was filed by Plaintiff South Gate Investment Group, Inc. 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 along its property line. Plaintiff has paid taxes associated with this boundary and relied on City's insistence tha...

Excerpt: ... Party to Give Notice. This action for elder abuse was filed by Plaintiff OSCAR MILLAN, individually and as representative of the Estate of Elvia Millan (“Plaintiff”) on September 6, 2019. The relevant facts, as alleged, are as follows: “Decedent ELVIA MILLAN was admitted as an inpatient to PIH on or about September 5, 2018 due to altered mental status, right upper extremity weakness and hypotension. An extensive workup determined Decedent ...

Excerpt: ...l hear from Real Party. Moving Party to give NOTICE. The FAC alleges that on 8/26/17, Plaintiff Manuel Cruz went to Wells Fargo Bank to deposit money into the ATM and withdraw cash. As he left the ATM and the Plaza, owned and managed by Defendant Wells Fargo Bank, Defendant Eduardo Cabrera robbed Plaintiff at gun point and shot his several times. Based on these facts, the FAC asserts causes of action for: 1. Assault (v. Cabrera) 2. Battery (v. Ca...

Excerpt: ...N ROMO, and KENNETH ROBERT ROMO, individually, and KEVIN ALLEN ROMO, individually (“Plaintiffs”) on November 6, 2019. On May 15, 2020, a Second Amended Complaint (“SAC”) was filed. The SAC asserts the following causes of action: (1) Elder Neglect; and (2) Medical Negligence. Defendant ANDREW O. ORTIZ, RCP (“Ortiz”) generally demurs to the first cause of action. First Cause of Action – Elder Neglect A cause of action under the Elder ...

Excerpt: ...Plaintiff NATALIE OJEDA (“Plaintiff”) on February 14, 2019. On August 5, 2020, a Third Amended Complaint (“TAC”) was filed. The TAC asserts the following causes of action: (1) Motor Vehicle Negligence; (2) Negligence; and (3) Fraud/Deceit/Intentional Misrepresentation. Defendant RAHMAN (“Rahman”) generally and specially demurs to Plaintiff's third cause of action. Uncertainty Rahman argues that the third cause of action is fatally unc...

Excerpt: ... or about February 2, 2015, Plaintiff entered into an agreement with RAJU and KAUR for the purchase of the property by Plaintiff.” (Complaint ¶7.) “The AGREEMENT provided in relevant part that Plaintiff had at least four obligations: (a) To make a down payment of $20,000 to Defendants; (b) To pay the sum of $50,000 on the purchase price; (c) To pay off two mortgages on the property of approximately $430,000; and (d) Pending completion of the...

Excerpt: ...ch of contract was filed by Plaintiff (in pro per) on October 19, 2018. On September 17, 2020, a First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part: “Plaintiff was retained to represent Priya Parpiani in a dissolution action and in probate litigation involving Vishram Parpiani. Priya Parpiani promised to pay [Plaintiff] at her then prevailing contract rate per hour for her services. Priya Parpiani paid an initial ...

Excerpt: ...mmensurate with the proper filing fees. At this juncture, the court will not order the payment of additional fees because both Plaintiff (in this motion) and Defendant (in a prior motion) have engaged in this practice. Going forward, the parties are to adhere to these filing procedures to better assist the court in the management of its cases. II. Defendant Union Pacific Railroad Company's motion to compel the deposition of Jesus Valenzuela and i...

Excerpt: ...issue a right to attach order, which shall state the amount to be secur ed by the attachment determined by the court in accordance with Section 483.01 5 or 483.020, if it finds all of the following: 1. The claim upon which the attachment is based is one upon which an attachment may be issued 2. The plaintiff has established the probable validity of the claim upon which the attachment is based 3. The attachment is not sought for a purpose other th...

Excerpt: ...on attached, Plaintiff's Form Complaint seemingly asserts the following causes of action: (1) Breach of Contract; (2) Common Counts; and (3) Tax Evasion/Fraud. Plaintiff alleges that the “[c]ontract created [was] not intended agreement (no ‘money' loaned). Contract is unconscionable- requiring specific payment form against public law…. [¶] Debt ‘obligations' are government obligations. Nature of this account identified by SSN…and Resid...

Excerpt: ...d that they fail to state fact sufficient to constitute causes of action. Plaintiff alleges that he was discriminated against because defendant undervalued his vehicle. The appraisal was not sufficient to replace Plaintiff's vehicle, which had modifications for disability and functionality. Based on these facts, the FAC asserts causes of action for: 1. Disability Discrimination ADA Title III 2. Disability Discrimination Unruh Act 3. Unfair Compet...

Excerpt: ...action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. JUDICIAL NOTICE is taken of Defendants' exhibits. The Third Amended Complaint (“TAC”) alleges that on 7/31/09, Plaintiff Judith Mann and Defendants Cotton Generation, Inc. (“Cotton”) and Defendant Mike Tolouee entered into a partnership agreement, wherein Plaintiff would be responsible for design, merchandising, and sales of a...

Excerpt: ...ded Complaint is SUSTAINED without leave to amend. Moving Party to give Notice. No Opposition(s) filed as of February 23, 2021. Motion to Strike On August 25, 2020, Defendants' Demurrer to Plaintiff's Complaint was SUSTAINED with 10 days leave to amend. Plaintiff's Second Amended Complaint should have been filed by no later than September 4, 2020. However, without seeking leave of Court, Plaintiff filed his untimely SAC on September 16, 2020. “...

Excerpt: ...pelling 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 2018 Nissan Rogue vehicle suffers from various defects, including the Infotainment System Defect; that Defendant has been unable to repair the vehicle wit...

Excerpt: ...mplaint is SUSTAINED without leave to amend. IV. Defendant ONWARD ENGINEERING's Motion to Strike Portions of Plaintiff's Fourth Amended Complaint is MOOT. V. Defendant CITY OF SANTA FE SPRINGS Demurrer to Plaintiff's Fourth Amended Complaint is SUSTAINED without leave to amend. Opposing Party to give notice. The operative pleading is the Fourth Amended Complaint (“4AC”) filed on September 10, 2020. Plaintiff KELTERITE CORPORATION (“Kelterit...

Excerpt: ...onstitute causes of action and are uncertain. The First Amended Complaint (“FAC”) alleges that on 12/21/19, Plaintiff Steve Nacey was on Defendant's premises when he observed an argument between a patron and Hotel staff. He began filming the individuals using his cell phone. Shortly thereafter, Defendants physically assaulted Plaintiff, pulling his cell phone from his hands, kneeing him, and applying handcuffs. Plaintiff was taken to a privat...

Excerpt: ... the grounds that they fail to state facts sufficient to constitute causes of action and are uncertain. The Complaint alleges that on 11/2/18, Plaintiff Michael Nedrow, a minor, was inside the football locker room when the players engaged in horseplay. As Plaintiff was leaving the locker room, Defendant Brandon Hurtado, another minor student, threw an orange Gatorade/water bottle caddy and/or other equipment that struck Plaintiff in the face and ...

Excerpt: ...EZ, a minor by and through her GAL, LETICIA VELASQUEZ LOPEZ on The Basil for Production of Documents is DENIED. On the Court's own Motion, the Subpoena is MODIFIED. Moving Party to give Notice. This action for motor vehicle negligence and premises liability was filed by Plaintiff LETICIA HERNANDEZ, a minor by and through her GAL, LETICIA VELASQUEZ LOPEZ on April 5, 2019. On April 16, 2020, a First Amended Complaint (“FAC”) was filed. The FAC ...

Excerpt: ...el Defendant ANTHONIO DONAYRE KAWAGUCHI's Responses to Request for Production of Documents (set one) is GRANTED. CCP § 2031.300 Moving Party to give Notice. No Opposition(s) filed as of February 16, 2021. Due by February 3, 2021. (CCP §1005(b).) Motion to Deem Admitted: “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are direc...

Excerpt: ...AFE UTILITY EXPOSURE, INC.; AMY RACHEL MILLER; and WESCO INSURANCE COMPANY, INC.'s Motion to Strike Portions of Plaintiff's Complaint is DENIED. Opposing Party to give notice. This action for breach of contract was filed by Plaintiff MKP CONSTRUCTION, INC. on August 14, 2020. Plaintiff's Complaint asserts the following causes of action: (1) Breach of Contract; (2) Negligence; (3) Fraud; and (4) Contractors State License Board. Defendants SAFE UTI...

Excerpt: ...ruary 16, 2021. Due by February 9, 2021. (CCP §1005(b).) This action concerning real property was filed by Plaintiff KELLY ENTERPRISES, LLC on March 9, 2020. On November 5, 2020, a First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part, “Plaintiff was and is the lawful owner of an undivided 50% interest in the Property. [¶] The basis of Plaintiff's title to the Property is the Grant Deed recorded with the Los Angele...

Excerpt: ...r for a deposition and produce the documents identified in the subject Notices of Depositions, without objection. The parties shall meet and confer to determine the date, time, and location of the depositions, which shall take place no later than 30 days from the date of this hearing. The date may be extended by agreement of the parties. Defendant BLAIR COMPANIES and its counsel of records are jointly and severally ORDERED to pay Plaintiff and hi...

Excerpt: ...tten Contract; (2) Open Book Account; (3) Account Stated; (4) Conversion; (5) Accounting; and (6) Involuntary Dissolution of Corporation. The facts, as alleged, are as follows: “On or about February 20, 2012, Plaintiff and Defendant Shah entered into a written agreement wherein they agreed as follows: (a) that Plaintiff and Shah would purchase a grocery market store known as “Gage Market” located at 3085 E. Gage Avenue, Huntington Park, Cal...

Excerpt: ...ROTECTIVE ORDER Responding Party: See below. Tentative Ruling See below. Background Plaintiff Nicholas V. Moretta (“Plaintiff”) alleges that on May 19, 2018, he sustained injuries when the 2017 Polaris XP 4 Turbo 1000 he was sitting in rolled over onto the passenger's side. On August 14, 2019, Plaintiff filed a complaint, asserting causes of action against Defendants Polaris Industries, Inc. (a Delaware corporation), Polaris Sales, Inc., Pola...

Excerpt: ...o strike attorney's fees is GRANTED. Moving Party to give NOTICE. Defendants Shah and Palomino Market Incorporated demurs to the third cause of action on the grounds that they fail to state facts sufficient to constitute causes of action and are uncertain. Defendant Shah additionally demurs to the 1 st and 2nd causes of action on the same grounds. UNCERTAINTY Demurrer on grounds of uncertainty will not be sustained unless the complaint is so bad ...

Excerpt: ...ant Dodge Chemical Company's motion to strike is GRANTED with 10 days leave to amend. Plaintiff to give NOTICE. Defendant Wilbert Funeral Services, Inc. demurs to the 1 st – 4 th causes of action on the ground that they fail to state facts sufficient to constitute causes of action. 1ST CAUSE OF ACTION STRICT PRODUCTS LIABILITY: The elements are: 1) product placed on the market; 2) defendant's knowledge that it will be used without inspection fo...

Excerpt: ...(“Plaintiff”) alleges as follows: On or about June 2015, Plaintiff was hired by Best Beverage Catering, dba F and B Associates (“BBC”) as a bartender. Plaintiff was in a romantic relationship with her supervisor, Dominic Verdugo (“Verdugo”). On or about January 2017, Verdugo was promoted to a manager position, and was then Plaintiff's manager. Plaintiff's and Verdugo's relationship began to deteriorate, and Verdugo began to harass and...

Excerpt: ...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 court may judicially notice (e.g., the court's own files or records)...