Excerpt: ...d him, resulting in serious injuries. Plaintiff presents that Defendant Terrence Carl Kennedy (“Kennedy”) owned Dunkin and, after the attack, called Dunkin back to the house. As to Defendants Xiao Fan Xiao (“Xiao”) and Yun Lee Fong (“Fong” and, with Xiao, “Moving Defendants”), Plaintiff alleges that they are liable for his damages as they knew Dunkin was aggressive and/or dangerous and did not take reasonable measures to ensure he...

Excerpt: ... Defendants Qualityloan Service Corporation (“Qualityloan Service”); Select Portfolio Servicing Inc. (“SPS”); Wilmington Savings Fund Society, FSB, as owner trustee of CMSC 2021-RPL11, erroneously sued as Wlmington Savings Fund Society, as owner trustee of CMSC 2021-RPL11 (“WSFS”); all persons claiming legal, equitable, lien, and estate in the property located at 39140 Archwood Way, Palmdale California 93552, APN 3024-036-039 (collect...

Excerpt: ...2019,¿Plaintiff filed his Complaint alleging one cause of action 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”), alleging two causes of act...

Excerpt: ... GHI presents that the non-judicial foreclosure leading up to the trustee's sale was conducted in compliance with Cal. Civ. Code § 2924, GHI duly perfected title and paid valuable consideration for the Property. GHI further alleges that in February 2023, it served on Rouzan a Notice to Quit in compliance with Cal. Code Civ. Proc. § 1162, more than three days have elapsed, and Rouzan remains in possession of the Property without GHI's consent. O...

Excerpt: ...epair shop that was authorized by Defendant for repair, but they were unable to conform the Subject Vehicle to the express warranty after a reasonable number of attempts; and (4) Defendant has failed to either promptly replace the Subject Vehicle or make prompt restitution in accordance with the Song- Beverly Act. On December 13, 2022, Plaintiff filed his Complaint alleging one cause of action for Violation of Song- Beverly Act – Breach of Expr...

Excerpt: ...vely “Defendants”) are the agent and employees of each of the other defendants and were at all times acting within the course and scope of that agency and employment. Plaintiffs further allege Defendants were negligent in their care of James Mark Thompson (“Decedent”). Plaintiffs present that Decedent died on September 10, 2021. On August 23, 2022, Plaintiffs filed their Complaint against Defendants alleging one cause of action for Genera...

Excerpt: ...laintiff filed his Complaint alleging one cause of action for Negligence. On May 06, 2022, Defendant filed his Answer. On February 09, 2023, the parties entered into a stipulation to continue trial. On February 10, 2023, the Court issued a Notice of Hearing for a Mandatory Settlement Conference (“MSC”) set in June 2023. Subsequently, a continuance of this MSC was noticed for a later date in June 2023. On July 10, 2023, the parties entered int...

Excerpt: ...ng aisle near the fresh juice refrigerator section of the store, causing her to fall on the concrete floor surface and sustain injuries. On June 23, 2021, Plaintiff filed her Complaint alleging two causes of action for: (1) Negligence, and (2) Premises Liability. On July 30, 2023, Defendant Food 4 Less of California, Inc. dba Food 4 Less, erroneously sued as Food 4 Less of California, Inc., a California Corporation (“Food 4 Less California”),...

Excerpt: ...ngfully, entrusted, permitted, managed, serviced, repaired, inspected, maintained, operated, controlled and drove their said vehicle so as to proximately cause the collision between Plaintiffs vehicle and defendants' vehicle and thereby proximately causing the injuries and damages to Plaintiff. On July 02, 2021, Plaintiff filed her Complaint alleging two causes of action for Motor Vehicle and General Negligence. On October 10, 2021, COLA filed it...

Excerpt: ...stributed by Defendant. The Subject Vehicle was purchased at Parkway Cadillac Hummer GMC in Valencia, CA, alleged to be Defendant's authorized dealer. Plaintiff further alleges that authorized personnel at the aforementioned dealership in Valencia, CA failed to disclose to Plaintiff information related to allegedly known defects in the Subject Vehicle. Plaintiff contends that his attempts to obtain remediation of defects were ineffective as a res...

Excerpt: ...d and entire body, causing injuries. Plaintiff presents that, at the time, there were no sandbags on the panel stands to prevent the fence from falling, no warning signs, and that the fence was so heavy it required six adult males to lift the it to get him out. On September 06, 2023, Plaintiff filed his Complaint alleging three causes of action for: (1) Dangerous Condition of Public Property (Gov. Code § 835) against Defendants City of Palmdale ...

Excerpt: ...hnologies, Inc. (“Uber” and collectively “Defendants”) and was operating the vehicle during the scope of her employment. Plaintiff alleges that the accident was the result of Barnes' negligent operation, control, ownership, and maintenance of the vehicle and Uber is liable under the doctrine of respondeat superior. On July 17, 2023, Plaintiff filed her Complaint, alleging two causes of action for: (1) Negligence against all defendants; an...

Excerpt: ...ed at various times and in various places notices of their intent to sell the Subject Property at a public auction on June 16, 2022 at 9:00 at 1311 Sycamore Drive in Norwalk, Los Angeles County, California; (3) Nerez attempted to sell the Subject Property to Defendant GHI Investments LLC (“GHI”) for valuable consideration, and (4) the sale was wrongful because Plaintiff did not grant and convey to any trustee the Subject Property. On February...

Excerpt: ... or other institutions that buy and sell mortgage-backed security. Plaintiff alleges that NAF received up to three times the amount of money required to purchase the property and kept the proceeds to itself. On June 02, 2023, Plaintiff filed his Complaint alleging four causes of action for: (1) Breach of Contract, (2) General Negligence, (3) Fraud, and (4) Common Counts. On October 12, 2023, NAF and Defendants Rick Arvielo (“Rick”) [1] and Pa...

Excerpt: ...ngeles (“COLA”), which was ultimately denied on May 21, 2018.¿ ¿On November 18, 2018, Plaintiffs filed their initial Complaint against COLA and Defendants Los Angeles County of Regional Planning, Los Angeles County Department of Public Works, Los Angeles County Flood Control District, and Los Angeles County Waterworks District No. 37, Acton, alleging ten (10) cause of action sounding in (1)¿Negligence, (2) Inverse Condemnation; (3) Public ...

Excerpt: ...anties, including but not limited to: bumper-bumper warranty, powertrain warranty, emission warranty. Plaintiff contends (1) defects and nonconformities occurred during the express warranty period, including but not limited to, battery defects, engine defects, electrical defects, transmission defects, and infotainment defects; and (2) that Defendantknew (or should have known) that the battery system in the Subject Vehicle had one or more defects ...

Excerpt: ...Plaintiff out of her classes, take her tohis office on campus, and sexually abuse her. On October 04, 2022, Plaintiff filed her Complaint alleging eight (8) causes of action for: (1) Sexual Abuse of a Minor against Gomez; (2) Intentional Infliction of Emotional Distress (“IIED”) against Gomez; (3) Sexual Harassment (Cal. Civ. Code §§ 51.9 and 52); (4) Negligent Hiring, Supervision, and Retention of an Unfit Employee against EUSD; (5) Breach...

Excerpt: ...Vehicle; Defendant could not repair the Subject Vehicle; Plaintiff revoked acceptance of the Subject Vehicle in writing on April 27, 2023; and Defendant refused Plaintiff's demand for revocation. Plaintiff presents that the Subject Vehicle remains in a defective and unmerchantable condition and, as such, Plaintiff has and will continue to be financially damaged due do Defendant's failure to comply with provisions of its express and implied warran...

Excerpt: ...ndant failed to pay rent, a 3-Day Notice to Pay/30-Day Notice to Quit was served on either May 23, 2023 or June 23, 2023 [1] , and Plaintiff now owes past-rent due in the amount of $27,868.54. On July 17, 2023, Plaintiff filed its Complaint alleging one cause of action for Unlawful Detainer (“UD”). On August 07, 2023, Defendant filed her Answer. On October 11, 2023, a non-jury trial was held. Plaintiff did not appear. The Court dismissed the ...

Excerpt: ...n falling from a piece of playground equipment. Multiple pleadings were filed, starting with the Complaint on October 13, 2020. The operative pleading is the Third Amended Complaint (“TAC”) filed on June 03, 2021, alleging one (1) cause of action for: negligent supervision. The Court notes that there are two other defendants in this action: (1) City of Palmdale, and (2) County of Los Angeles (“COLA”). While COLA was dismissed pursuant to ...

Excerpt: ... Angeles (COLA), which was ultimately denied on May 21, 2018.¿ ¿ On November 18, 2018, Plaintiffs filed their initial Complaint against COLA and Defendants Los Angeles County of Regional Planning, Los Angeles County Department of Public Works, Los Angeles County Flood Control District, and Los Angeles County Waterworks District No. 37, Acton, alleging ten (10) cause of action sounding in (1)¿Negligence, (2) Inverse Condemnation; (3) Public Nui...

Excerpt: ...t Bracero demurred and moved to strike the original complaint. On September 25, 2023, Defendant filed an answer to the complaint. On October 4, 2023, Plaintiff filed a First Amended Complaint (“FAC”) against Defendant Bracero alleging (1) breach of contract; (2) open book account; (3) account stated; and (4) quantum meruit. On October 20, 2023, Defendant Bracero filed a demurrer to the FAC and a motion to strike set for hearing on November 28...

Excerpt: ...uly 11, 2022, Defendant filed its Answer. On September 30, 2022, Defendant filed three motions:  Motion to Compel Plaintiff's Answers to Request for Production of Documents (“Motion to Compel RFPs”),  Motion to Compel Plaintiff's Answers to Form Interrogatories (“Motion to Compel Form Interrogatories”), and  Motion to Compel Plaintiff's Answers to Special Interrogatories (“Motion to Compel Special Interrogatories”). On Decemb...

Excerpt: ...andez, Zenaida Hernandez, Alejandra Rodriguez, and Guadalupe Hernandez – (collectively “Plaintiffs”) are Decedent's surviving adult children. On October 20, 2021, Plaintiffs initiated this lawsuit against the District. They also sued two nurses (Samantha Davis and Veronica Silva) and a doctor (Taher Katouzian), whom they eventually dismissed from the action. Plaintiffs filed the operative First Amended Complaint on April 13, 2022. After the...

Excerpt: ...andez, Zenaida Hernandez, Alejandra Rodriguez, and Guadalupe Hernandez – (collectively “Plaintiffs”) are Decedent's surviving adult children. On October 20, 2021, Plaintiffs initiated this lawsuit against the District. They also sued two nurses (Samantha Davis and Veronica Silva) and a doctor (Taher Katouzian), whom they eventually dismissed from the action. Plaintiffs filed the operative First Amended Complaint on April 13, 2022. After the...

Excerpt: ... Angeles (COLA), which was ultimately denied on May 21, 2018.¿ ¿ On November 18, 2018, Plaintiffs filed their initial Complaint against COLA and Defendants Los Angeles County of Regional Planning, Los Angeles County Department of Public Works, Los Angeles County Flood Control District, and Los Angeles County Waterworks District No. 37, Acton, alleging ten (10) cause of action sounding in (1)¿Negligence, (2) Inverse Condemnation; (3) Public Nui...

Excerpt: ...andez, Zenaida Hernandez, Alejandra Rodriguez, and Guadalupe Hernandez – (collectively “Plaintiffs”) are Decedent's surviving adult children. On October 20, 2021, Plaintiffs initiated this lawsuit against the District. They also sued two nurses (Samantha Davis and Veronica Silva) and a doctor (Taher Katouzian), whom they eventually dismissed from the action. Plaintiffs filed the operative First Amended Complaint on April 13, 2022. After the...

Excerpt: ...ship and, should defects exist, Jayco promised to make or provide repairs that were free of charges during the warranty period. Plaintiffs further present that, from the time of purchase, the Subject Vehicle has suffered extensive and ongoing problems with mechanical and fit and finish issues. Plaintiffs present that they brought the vehicle to Defendant All Valley RV Center, Inc. (“All Valley” and collectively with Jayco “Defendants”) fo...

Excerpt: ...o provide funeral-related services, and to accomplish the cremation of the remains of Decedent Francisco Avila (“Decedent”) for the benefit of Plaintiffs; however, at some point in time between January 09, 2021 to January 23, 2021, Defendants mishandled Decedent's remains by releasing Decedent's body to an unauthorized funeral home, Doe 1, whereby decedent's body was embalmed and presented to a stranger's family for funeral services. Plaintif...

Excerpt: ...Defendants”) and operated the motor vehicle negligently so as to be the legal cause of injuries and damages to Plaintiff. On July 14, 2020, Plaintiff filed her Complaint alleging one cause of action for Motor Vehicle. On December 29, 2021, AVSTA filed its Answer. On March 11, 2022, Hammond filed her Answer. On October 18, 2023, Defendants filed this Motion to Compel the Deposition of Plaintiff (“Motion to Compel”). On November 06, 2023, Def...

Excerpt: ...and changed his sentence from 22 years and four months to 20 years and four months. Plaintiff presents that, had the appropriate time been taken off, he would qualify for immediate release. Plaintiff further presents that he wrote to Defendants to receive help, but did not receive any. On May 11, 2023, Plaintiff filed his Complaint alleging three causes of action for: (1) General Negligence, (2) Intentional Lability, and (3) Premises Liability. T...

Excerpt: ...ciado and Marisela S Preciado, at or about the intersection E. Palmdale Avenue and 30th Street East in Palmdale, California 93550. Plaintiff further alleges damages in the following amounts: (1) $4,339.68 in property damage, and $30,000.00 in damages to Juan Ramos Preciado and Marisela S Preciado's persons. On May 25, 2021, Plaintiff filed its Complaint for Property Damages and Uninsured Motorist Bodily Injury. On July 21, 2021, Fabiola filed her...

Excerpt: ...and “labiaectomies;” and (2) made a broad transverse incision of Plaintiff's abdomen, causing major scarring and painful adhesions. Plaintiff presents that she must undergo a second abdominal surgery to perform the total vaginectomy and “labiaectomies” which were left undone and concealed from Plaintiff. On August 05, 2022, Plaintiff filed her Complaint alleging four causes of action for: (1) General Negligence, (2) Intentional Tort, (3) ...

Excerpt: ... told to Wallace on several occasions and Mrs. Wallace acknowledged to Plaintiff that the house would go to her. Plaintiff further alleges that this intention was also codified in a writing when Wallace sent Plaintiff an acknowledgement of full distribution that gave Plaintiff 100% legal and equitable title in the Property (Exhibit 2) and by a follow up letter on or around November 2021 (Exhibit 3). Plaintiff believes that Wallace willfully and i...

Excerpt: ...as told to Wallace on several occasions and Mrs. Wallace acknowledged to Plaintiff that the house would go to her. Plaintiff further alleges that this intention was also codified in a writing when Wallace sent Plaintiff an acknowledgement of full distribution that gave Plaintiff 100% legal and equitable title in the Property (Exhibit 2) and by a follow up letter on or around November 2021 (Exhibit 3). Plaintiff believes that Wallace willfully and...

Excerpt: ...ithin the applicable express warranty period and FMC failed to either promptly replace the Subject Vehicle or to promptly make restitution in accordance with the Song-Beverly Act. Plaintiff further alleges that Defendant Diamond Ford (“Diamond” and collectively “Defendants”) owed a duty to Plaintiff to use ordinary care and skill in storage, preparation and repair of the Subject Vehicle in accordance with industry standards and breached s...

Excerpt: ...months and, on or around December 2021, the forbearance ended. Plaintiff presents that he continued to make his regularly scheduled mortgage payments starting in December 2021. Plaintiff contends that on or around August 2022, Defendant Nationstar Mortgage, LLC dba Mr. Cooper (“Defendant”) stopped accepting payments from Plaintiff. Plaintiff alleges that over the next several months, he would regularly seek non-foreclosure alternatives from v...

Excerpt: ...truction (“Mosman's Town & Country Carpet & Construction” and collectively “Defendants”) are former commercial tenants of hers. Plaintiff further alleges damages stemming from their time as her tenants. On January 18, 2023, Plaintiff filed her Complaint alleging once cause of action for General Negligence and four causes of action labelled “Intentional Tort.” On February 24, 2023, Defendants filed their Demurrer with Motion to Strike ...

Excerpt: ...f was driving, causing property damage, bodily injury, and general damages; and (2) on or about January 21, 2020, at Town Center Drive & Rancho Vista, Palmdale, CA 93551, Allison Alloway (“Alloway”) owned and/or operated a motor vehicle, causing a collision by striking the vehicle Plaintiff was driving, causing property damage, bodily injury, and general damages. The Court notes that though there are two incidents alleged, a common factor to ...

Excerpt: ... of Avenue G and 30th Street East in Lancaster, CA when a vehicle pulled directly into her path of travel when as she entered the intersection, causing an accident. Plaintiffs present that all parties to the accident agree that there was a visibility issue due to poor lighting at the intersection and the poor lighting was known by Defendants County of Los Angeles (“COLA”) and City of Lancaster (“Lancaster”) know of said issue prior to the...

Excerpt: ... KB Home, erroneously named as KB Home, Inc.; KB Home Greater Los Angeles, Inc.; KB Home Sales – Southern California Inc., erroneously named KB Home Sales, Inc.; and KB Home Holdings, Inc., erroneously named as KB Home Holding, Inc. (collectively “Defendants”) named Carl to let him know if anything was wrong with the house within the first 10 days. Plaintiffs present that they noticed bubbles in the vinyl flooring and alerted Carl. Followin...

Excerpt: ...ntersection, thereupon Plaintiff was struck by MetroLink Train #212. Plaintiff presents there was an unengaged guardrail and no visible warning signs or flashing lights. On February 22, 2023, Plaintiff filed his Complaint alleging three causes of action for: (1) Negligence, (2) Dangerous Condition, and (3) Negligent Hiring/Retention/Training/ Supervision. On September 05, 2023, Plaintiff filed a Notice of Hearing on Petition for Order Permitting ...

Excerpt: ...�) was travelling westbound on Avenue F when she entered the intersection without stopping at her stop sign due to a dangerous condition on the roadway, causing the Subject Vehicle to broadside Houghton's vehicle.¿ (Complaint, at ¶ 1.)¿ The Subject Vehicle overturned and collided with a wooden electrical pole, causing the pole to collapse, on the northwest corner, before coming to rest on the adjacent dirt field.¿ ¿ On May 19, 2020, Plaintif...

Excerpt: ... limited to the bumper-bumper warranty, powertrain warranty, and emission warranty. Plaintiff presents that the Subject Vehicle contained defects and nonconformities which manifested themselves within the applicable express warranty period including but not limited to, transmission defects, engine defects, and electrical system defects; that FMC failed to conform the Subject Vehicle to the terms of the express warranty after a reasonable number o...

Excerpt: ...as bedbug) bites during Plaintiff's stay at Defendants' hotel on November 03, 2019. Plaintiff checked in to the hotel on November 02, 2019. On November 03, 2019, Plaintiff states that she awoke at 2 a.m. with an “intense itching sensation.” (Compl. ¶ 15.) She alleges that when she pulled back the covers, she discovered bedbugs which she reported to hotel staff. Plaintiff contends that cleaning staff then came to inspect the room at which tim...

Excerpt: ...ntelope Valley Medical Center (“AVCM”), for medical services furnished by AVCM and, after applying all credits to the extent applicable, the debt remains outstanding in the principal sum of $31,285.20. Plaintiff contends that, though demand for payment has been made, Defendants have failed to pay. On January 17, 2023, Plaintiff filed this Complaint alleging three causes of action for: (1) Open Book Account, (2) Account Stated, and (3) Quantum...

Excerpt: ...ing three causes of action for: (1) Negligence, (2) Motor Vehicle Negligence, and 93) Negligence Per Se Cal. Veh. Code § 21453(a). On August 17, 2023, Plaintiff amended the fictitious name of Doe 1 to Michelle Fuller. On August 25, 2023, Defendant filed this Motion to Quash Service of Summons and Complaint. On October 02, 2023, Plaintiff filed his Opposition. On October 10, 2023, Defendant filed his Reply. ----- Legal Standard Standard to Quash ...

Excerpt: ... which thoughtfully analyzes the potential for the geographic area commonly referred to as Hollywood. This action, and its related actions, began with the filing of a petition by Fix the City, Inc. (“Fix the City”) on July 13, 2012. Subsequently, the following petitions were filed: (1) a petition by La Mirada Ave Neighborhood Association (“LMANA”) on July 18, 2012, challenging the 2012 Hollywood Plan; (2) a petition by Save Hollywood.Org,...

Excerpt: ...n a reasonable number of repair attempts or within the warranty periods, and by failing to promptly replace the vehicle or make restitution to Plaintiff. On March 21, 2023, Plaintiff filed its Complaint alleging four cases of action for: (1) Violation of the Song- Beverly Consumer Warranty Act Breach of Express Warranty; (2) Violation of the Song-Beverly Consumer Warranty Act Breach of Implied Warranty; (3) Violation of Bus. & Prof. Code§ 17200;...

Excerpt: ...nds that, upon cancelling the lease, Flores accused Plaintiff of causing the damage and not paying monthly rent, and refused to refund Plaintiff's security deposit. Plaintiff contends that these statements caused harm to his reputation within the business community. On July 25, 2023, Plaintiff filed his Complaint alleging two causes of action for (1) Defamation, and (2) Slander. On August 28, 2023, Defendant filed his Answer. The Court notes that...