Excerpt: ... injuries and damages. Plaintiff further alleges that Defendants JAB Productions, Inc. (“JAB”); Granite Construction Co. (“Granite”); Jack W. Barbacovi (“Jack”); Anthony Barbacovi (“Anthony”); and Little Rock Sand and Gravel, Inc. (“Little Rock” and collectively “Defendants”) had exercised ordinary care in the design, maintenance, inspection, repair, warning, renting, promotion, and operation of the subject motocross track...

Excerpt: ...arked what was sent out “on the due date.” (Complaint, Attachment.) Plaintiff alleges that Defendant Parking Violations Bureau of Los Angeles (“Parking Violations Bureau”) refused to contest the citations by mail and by telephone as they failed to acknowledge timely receipt of the items Plaintiff sent out to contest the citations. Because of this, Plaintiff contends that he could not register his vehicle, causing it to become worthless. P...

Excerpt: ...tiffs further allege physical injuries, medical bills, loss of earnings/earnings capacity, pain and suffering, and more. On March 26, 2020, Plaintiffs filed their Complaint alleging three causes of action: (1) Negligence, (2) Negligence Per Se, and (3) Statutory Liability. On May 04, 2020, Defendants filed their Answer. On September 29, 2020, Defendants filed their Cross-Complaint alleging that Cross-Defendant Jonathan Jungjae Kim was responsible...

Excerpt: ... a firewood processing and sales business out of his property which is a residential property. Plaintiff alleges that, due to the business, there is loud noise from log splitters, big trucks that drop off “very loud and large boulders of wood,” extra traffic due to buyers, and a street sign pointing to Defendant's Property. (Motion for Injunctive Relief, Page 3 ¶2 and Complaint, Page 2 ¶8.) On April 26, 2021, Plaintiff filed her Complaint a...

Excerpt: ...y 3nd recklessly, entered said intersection, driving eastbound on Avenue 5-2 in his Dodge vehicle, colliding into Plaintiff's motorcycle. Plaintiff further alleges that he brought his motorcycle to MGS Performance (“MGS”) and hired MGS to inspect, maintain, and repair Plaintiff's motorcycle including but not limited to a leaking brake caliper and that MGS negligently inspected, maintained, and repaired the brakes on Plaintiffs Harley so that ...

Excerpt: ...uck the vehicle in front of her, causing that vehicle to hit Plaintiffs' vehicle. Plaintiffs further allege that Defendant was negligent while operating her vehicle; that because she was driving at a high rate of speed, she wasn't able to break in time and Plaintiffs each suffered injuries that they sought medical treatment for on the day of the incident as well as subsequent on-going treatment. On June 04, 2021, Plaintiffs filed their Complaint ...

Excerpt: ...tiffs further allege physical injuries, medical bills, loss of earnings/earnings capacity, pain and suffering, and more. On March 26, 2020, Plaintiffs filed their Complaint alleging three causes of action: (1) Negligence, (2) Negligence Per Se, and (3) Statutory Liability. On May 04, 2020, Defendants filed their Answer. On September 29, 2020, Defendants filed their Cross-Complaint alleging that Cross-Defendant Jonathan Jungjae Kim was responsible...

Excerpt: ...hicle. On October 17, 2019, Plaintiff filed a complaint against Defendants for negligence. On November 18, 2020, the Court found this case and cases 20AVCV00075 and 20AVCV00110 were related and deemed this case the lead case. On December 21, 2020, Defendants filed a motion for judgment on the pleadings, subsequently granted with leave to amend. On June 25, 2021, Plaintiff filed his First Amended Complaint (“FAC”). On July 28, 2021, the Court ...

Excerpt: ...ndant's property, and that the salt water discharge damaged Plaintiff's vegetation and topsoil. On March 12, 2019, Plaintiff filed his Complaint alleging two causes of action Trespass and Private Nuisance. On August 05, 2019, Plaintiff amended his Complaint (First Amended Complaint, “FAC”), adding new facts, but not new causes of actions. On August 12, 2021, Plaintiff filed a Motion for Leave to File a Second Amended Complaint, subsequently g...

Excerpt: ... to Public Contract Code (“Pub. Cont. Code”) § 22300, on or about December 11, 2013, PSD, Bogh, and Defendant/Cross-Complainant The Bank of Hemet (the “Bank”) entered into an escrow agreement (the “Escrow Agreement”) with respect to the retention of funds (approximately $150,000) for the Construction Contract. (Complaint, at ¶ 10, Agreement attached at Exh. 1.) PSD alleges that Bogh breached the Construction Contract in that there w...

Excerpt: ...furnished and supplied to defendants at their request certain electrical materials and supplies, that the agreed price for said goods was in the sum of $71,668.76, and that no part of the sum was paid. On October 01, 2019, Plaintiff filed its First Amended Complaint (“FAC”). The FAC addressed that on May 01, 2019, Plaintiff discovered an unapplied payment of $2,417.95 and decided to apply it to this account, reducing the balance to $69,250.81...

Excerpt: ... Sale; (7) Cancellation of Trustee's Deed Upon Sale; and (8) Violation of Business and Professions Code Sections 17200, et seq. On October 23, 2020, Defendants demurred to Plaintiff's Complaint. Plaintiff responded by filing the First Amended Complaint (“FAC”) on November 6, 2020, alleging the same eight (8) causes of action. On December 28, 2020, Defendants demurred to Plaintiff's FAC. On March 25, 2021, the Court sustained Defendants' Demur...

Excerpt: ...efendant Diana J. Tanner (“Defendant”) at or near the intersection of Palmdale Blvd. and 110th Street in or near the City of Littlerock, County of Los Angeles, California. On September 06, 2019, Plaintiffs filed a complaint against Defendant. The Complaint included five (5) causes of action for Negligence, one for each Plaintiff. On October 28, 2020, Plaintiffs represented to the Court that they were unable to locate Defendant. (Minute Order ...

Excerpt: ... Plaintiff alleges that the settlement agreement sets forth the following terms: 1. Plaintiff will receive back pay for the period of June 03, 2010 through Oct. 12, 2010 – approx. 4 months. 2. Plaintiff will be reinstated from July 12, 2011 through September 30, 2011 – approx. 2 and ½ months. 3. Plaintiff will retire on September 30, 2011. 4. The Probation Dept. will write Plaintiff a letter of commendation for his 34 years of service. 5. Th...

Excerpt: ... (“CMS”), Defendants CMS and Carrington Foreclosure Services, LLC (“CFS” and, collectively, “Defendants”) recorded a Notice of Default on September 09, 2019 and a Notice of Trustee's Sale for the Property on December 12, 2019 with the Los Angeles County Recorder's Office. Subsequently, the Property was sold on January 16, 2020. Plaintiff contends that Defendants did not contact her in any form regarding an assessment of Plaintiff's fi...

Excerpt: ...ege physical injuries, medical bills, loss of earnings/earnings capacity, pain and suffering, and more. On March 26, 2020, Plaintiffs filed their Complaint alleging three causes of action: (1) Negligence, (2) Negligence Per Se, and (3) Statutory Liability. On May 04, 2020, Defendants filed their Answer. On September 29, 2020, Defendants filed their Cross-Complaint alleging that Cross-Defendant Jonathan Jungjae Kim was responsible, in whole or in ...

Excerpt: ...�Defendants”). Malik also alleges that his parents, LA Sangster (“LA”) and Bridget Sangster (“Bridget”, collectively known as “the Sangsters”) were handcuffed while Sergeant Goedecke and other deputies searched their home. Malik contends that LA and Bridget were not allowed to look at the warrant until after the search and that the warrant did not describe the property to be seized. On December 23, 2020, Malik filed the Complaint, i...

Excerpt: ...nt”) was distracted by the use of his cell phone, failed to stop, and collided with Plaintiff's vehicle, causing (1) injuries to Plaintiff's upper back, shoulder, neck; (2) pain and anxiety; (3) medical bills; and (4) loss of wages and contracts. On October 30, 2020, Plaintiff filed his Complaint for personal injury. On December 01, 2020, Plaintiff filed his First Amended Complaint alleging Negligence as the cause of action. On June 23, 2021, D...

Excerpt: ...leges that he was sitting near the front of the bus entrance along with a young female passenger, Doe 2, when an elderly female passenger boarded the bus. Plaintiff states that he asked Doe 2 to accommodate the new elderly female passenger, Doe 2 verbally and aggressively refused then proceeded to call an unknown individual to complain about the event. Plaintiff alleges that, shortly thereafter, an unknown individual intentionally parked a car in...

Excerpt: ... extended by Plaintiff to Defendant for purchases and/or cash advances by Defendant and/or persons acting with Defendant's permission on the AMEX credit card account in the amount of $112,201.67. On December 29, 2020, AMEX filed its Complaint, alleging one cause of action for Common Counts. In the Common Counts cause of action, (1) an open book account and (2) an account stated in writing by and between AMEX and Defendant in which it was agreed t...

Excerpt: ...ligent and reckless manner so as to allow said motor vehicle to cause and/or contribute to Plaintiff's injuries and damages. On April 06, 2021, Plaintiffs filed their Complaint alleging two causes of action for: Motor Vehicle and General Negligence. On May 21, 2021, Defendant filed her Answer. On September 24, 2021, Plaintiffs filed this instant motion seeking leave to amend their Complaint. No Opposition has been filed. ----- Analysis Standard f...

Excerpt: ... (1) required “Plaintiff and Aggrieved Employees to work from time to time while they were clocked out for what was supposed to be their off duty meal break[;]” (Complaint, p. 4, Lines 14-16) (2) required Plaintiff and Aggrieved Employees “to work off the clock without paying them for all the time they performed duties while on their meal break, specifically by failing to provide enough labor hours to accomplish all the job tasks that [Gran...

Excerpt: ...preserve or maintain the performance or utility of the Vehicle was issued by Defendant Subaru of America, Inc. (“Subaru”) and that he delivered the Vehicle to Defendant or its authorized repair facility or facilities no less than 16 times for repair to nonconformities. Plaintiff alleges that each time the vehicle was returned without properly repairing the nonconformities. The nonconformities alleged are, but not limited to: noise concerns, e...

Excerpt: ...2AB. Plaintiff further alleges that Wright defaulted and failed to make monthly installments according to the contract and Plaintiff provided a default notice on February 25, 2020. Plaintiff also provides that it is a successor to Origen Financial LLC. On October 22, 2020, Plaintiff filed its answer alleging four causes of action for (1) Recovery of Personal Property, (2) Breach of Contract, (3) Open Book Account, and (4) Account Stated. On Novem...

Excerpt: ...ly sued as Jack in the Box, filed its answer. On September 09, 2021, Defendant brought this instant Motion to Compel the Deposition of Plaintiff. On September 21, 2021, Plaintiff filed her Opposition. On September 28, 2021, Defendant filed its Reply. ----- Analysis Standard for Compelling Depositions – “Any party may obtain discovery . . . by taking in California the oral deposition of any person, including any party to the action. The person...