Excerpt: ...unty of Los Angeles, California when Defendant Matthew Wayne Kingsley (“Defendant”) failed to slow his vehicle, thereby causing the two vehicles to collide. On September 13, 2021, Plaintiffs filed their Complaint consisting of two causes of action for (1) General Negligence and (2) Motor Vehicle. On December 22, 2021, Plaintiffs filed a Request for Entry of Default and Defendant defaulted. On February 17, 2022, Defendant filed this instant Mo...

Excerpt: ... alleging one cause of action for Premises Liability. On August 24, 2020, Defendant filed its Answer. On October 19, 2021, Defendant filed a Motion to Deem Requests for Admissions (“RFAs”) Admitted (“the Motion”). The Motion was granted on December 02, 2021 after both parties submitted to the Court's tentative. (Minute Order 12/02/2021.) On January 11, 2022, Defendant filed this instant Motion for Summary Judgment. No Opposition has been ...

Excerpt: ...93535, Defendants Timothy Wayne South (“South”), an individual, and UHAUL Company of San Fernando Valley, now known to be UHAUL Co. of California (“UHAUL” and collectively “Defendants”); and Does 1 to 2l were negligently was driving a White 2016 Ram 1500 U-HAUL Truck owned by UHAUL Company of San Fernando Valley bearing CA license plate 72630J2, so as to cause the same to collide with Plaintiffs' Senon Roman 2007 Scio TC Silver bearin...

Excerpt: ...laintiffs further allege that the next morning they had been bitten overnight by bed bugs, sustaining sever and permanent injuries and property damages as a result. On March 17, 2021, Plaintiff filed his Complaint against Defendants 1825 Lancaster, LLC (“1825 Lancaster”) and Choice Hotels International, Inc. (“Choice Hotels”) alleging nine (9) causes of action for: (1) Negligence; (2) Negligent Hiring, Training, Supervision, and Retention...

Excerpt: ...eed- upon contract. On or about February 2, 2021, Plaintiff states that the installation team arrived to begin work, but that Defendant's employee Luis did not know about the 400-amp upgrade and the wattage of the solar panels was incorrect. Plaintiff addressed these discrepancies with Jafari who assured Plaintiff that both mistakes would be corrected. Subsequently, Plaintiff alleges the following:  He was told to purchase the Tesla batteries ...

Excerpt: ...R. Bard, Inc. (2014) 231 Cal.App.4th 763, 784, 180 Cal. Rptr. 3d 479.) Plaintiff Deidra Denay Turner's Motions in Limine No. 1: TO EXCLUDE MENTION OR ARGUMENT THAT PLAINTIFF FAILED TO MITIGATE HER DAMAGES BY TREATING ON A LIEN BASIS This motion is GRANTED. An insured plaintiff who has chosen to treat with doctors and medical facility providers outside his or her insurance plan is to be considered uninsured, as opposed to insured, for the purpose ...

Excerpt: ... further alleges that Defendant's employees placed their foot on Sarah's back hard enough to cause severe bruising and a full-size adult footprint on Sarah's back and pulled Sarah by her bus harness several times causing severe bruising across Sarah's back, and pain and injury to Sarah. Because of these occurrences, Plaintiff contends that Sarah was pulled out of school for her own safety, failed to have an appropriate education for 11 months, an...

Excerpt: ...7, Bashier's condition worsened and Bell took her to be treated at Kaiser Permanente where she was diagnosed with being bitten by bed bugs at Red Roof Inn. Plaintiffs contend that they never observed bedbugs in their residence or experienced bites from bedbugs in their residence prior or subsequent to the stay at Red Roof Inn. Additionally, Plaintiffs allege that they threw out all clothing and luggage that was exposed to the bedbugs at Red Roof ...

Excerpt: ...llefsen”), while Defendant Jefferson Cleaver (“Clever”), driving a Jeep Wrangler owned by Defendant Mark Lobue (“Mark”) and Defendant Cathy Lobue (“Cathy” and, with Clever and Mark, “Defendants”), did not slow down for the red light and collided into Davis, who then collided into Plaintiff. On November 02, 2020, Plaintiff filed her Complaint alleging two causes of action for: (1) Negligence and (2) Negligent Entrustment. On Dece...

Excerpt: ...ed cases stem from a car accident that occurred on April 06, 2019 on or around the intersection of 60th Street and Avenue F in Lancaster, California. It appears that there was a collision involving a 2019 Mini Cooper allegedly driven by Peichia Fan (“Fan”) and a 2016 Chevrolet Express allegedly driven by Brisa Marie Mahoney (“Mahoney”). The collision appears to have involved at least two other cars. On January 21, 2020, Clio Cereceda Mend...

Excerpt: ...”) and was treated by Defendant Homan Hanasab, D.D.S (“Dr. Hanasab”), whom she also told of her allergy to titanium. As amended, Plaintiff alleges that she knew her reaction would manifest in about five days and so asked if Dr. Hanasab would be available next Monday if she had an allergic reaction, Dr. Hanasab downplayed her concerns, Plaintiff stated that she would not agree to proceed with the procedure unless she received assurance that ...

Excerpt: ...heck and professional reference check on Bowe to ensure that he could be alone with school aged children and (2) allowed, acquiesced, and permitted Bowe to openly groom and subsequently remove Plaintiff from the school campus in order to engage in sexual contact with Plaintiff. On April 15, 2021, Plaintiff filed her Complaint alleging 11 causes of action for: (1) Negligence, (2) Negligent Supervision, (3) Negligent Hiring and/or Retention; (4) Ne...

Excerpt: ...as inebriated during a Saturday class. Plaintiff claims that Faaborg introduced her to marijuana, sent sexually explicit text messages and emails, and continued the sexual assault until the close of the school year in 2019 both on and off school campus. Plaintiff further alleges that Antelope Valley Union High School District (AVUHSD) through its employees, including Vice-Principal Michael Ybarra (“Ybarra,” or with AVUHSD, “Defendants”), ...

Excerpt: ... Housing and the Equal Employment Opportunity Commission (“EEOC”) and that he has a right to sue, and (2) Defendant's Position Statement in the EEOC Complaint. On December 15, 2021, Defendant filed this instant Motion to Compel Arbitration. No Opposition has been filed. Oppositions are due nine (9) court days prior to the scheduled hearing. (Cal. Code Civ. Proc. § 1005(b).) Nine court days prior to the scheduled hearing date, January 20, 202...

Excerpt: ...y “Defendants”). Plaintiff further alleges that Avila was operating the tractor in the darkness of night, without proper and/or adequate taillights, rear lights, warning lights, and/or proper and/or adequate slow vehicle signs installed and/or activated and, because of this, Plaintiff, in his vehicle, collided with the rear of the tractor. Plaintiff alleges that he has suffered and will continue to suffer physical and emotional pain and suffe...

Excerpt: ...to provide security in the KFC to protect its visitors or to take any steps to protect the visitors from harassment by other patrons and that such inaction resulted in harm to herself. On July 22, 2020, Plaintiff filed her Complaint alleging a Premises Liability cause of action. Defendant answered on August 28, 2020. On May 2021, Defendant filed a Motion for Summary Judgment, subsequently granted by the Court on January 20, 2022. On February 07, ...

Excerpt: ... trip and fall, sustaining injuries and damages. On November 25, 2020, Plaintiff filed his Complaint alleging five (5) causes of action for: (1) Premises Liability, (2) Negligent Failure to Supervise, (3) Assault, (4) Battery, and (5) Intentional Infliction of Emotional Distress (“IIED”). On February 01, 2021, Guidance filed its Answer. On May 07, 2021, Guidance filed a Cross-Complaint against Doe. On November 22, 2021, Guidance filed this in...

Excerpt: ... while walking his dog. The original Complaint was filed February 28, 2019. The operative pleading is the First Amended Complaint (“FAC”), filed on March 23, 2021 which alleges three causes of action for (1) Motor Vehicle Negligence against Jaime Valdez, (2) General Negligence against all Defendants except Jaime Valdez, and (3) Premises Liability against Lancaster. The procedural background is such that Lancaster filed a Cross-Complaint again...

Excerpt: ...of the purchase, the motor home was covered by both Jayco's express limited warranty covering two years or 24,000 miles whichever occurred first and an implied warranty of merchantability that the motor home was fit for its ordinary intended purposes. Plaintiffs present that within the warranty periods, Plaintiffs had on at least four occasions taken the motor home in for repairs. Plaintiffs contend neither Jayco nor its authorized service and re...

Excerpt: ...efendant Lancaster Hospital Corporation d.b.a. Palmdale Regional Medical Center (“Defendant Palmdale”) at 4 a.m. the day after surgery was performed where she was placed on a ventilator despite her 90s oxygen saturation levels, causing a seizure. Plaintiff further alleges that (1) she suffered a Stage IV decubitus ulcer on her sacral region and a decubitus ulcer on her heel (Stage unknown) due to Defendant Palmdale's failure to reposition Pla...

Excerpt: ...t described in said complaint, and that said accident and injuries sustained by Plaintiff were actually and proximately caused by said fault, carelessness and negligence of all defendants. On April 03, 2020, Plaintiffs filed their Complaint alleging two causes of action for (1) Motor Vehicle and (2) General Negligence. On July 23, 2021, Defendant filed her Answer. On December 02, 2021, Defendant filed these six Motions to Compel. No Opposition ha...

Excerpt: ...efendant Lancaster Hospital Corporation d.b.a. Palmdale Regional Medical Center (“Palmdale”) at 4 a.m. the day after surgery was performed where she was placed on a ventilator despite her 90s oxygen saturation levels, causing a seizure. Plaintiff further alleges that (1) she suffered a Stage IV decubitus ulcer on her sacral region and a decubitus ulcer on her heel (Stage unknown) due to Defendant Palmdale's failure to reposition Plaintiff Dem...

Excerpt: ...operated their said motor vehicles so as to directly and proximately cause a collision with the Plaintiff's vehicle, proximately causing damages and injuries. On January 28, 2020, Plaintiff filed their Complaint, alleging one cause of action for Negligence. On July 28, 2021, the Estate of Jane E. Frye (“the Estate”) and Michael filed their Answer. On January 18, 2022, the Estate filed two motions: (1) Motion to Compel Responses to Interrogato...

Excerpt: ...and Housing and the Equal Employment Opportunity Commission (“EEOC”) and that he has a right to sue, and (2) Defendant's Position Statement in the EEOC Complaint. On December 15, 2021, Defendant filed this instant Motion to Compel Arbitration. No Opposition has been filed. Oppositions are due nine (9) court days prior to the scheduled hearing. (Cal. Code Civ. Proc. § 1005(b).) Nine court days prior to the scheduled hearing date, January 20, ...

Excerpt: ...ubject Vehicle, Plaintiff has had to deliver the Subject Vehicle for repair to Defendant or its authorized repair facility(s) no less than seven (7) times for repair of nonconformity(s) to warranty, including, but not limited to defect(s) which have manifested in: engine malfunction, illumination of the vehicle's check engine light, the vehicle's check engine light flashing while driving, the vehicle losing power while driving, the vehicle shutti...

Excerpt: ... property located at 10714 E. Avenue R2 in Littlerock, CA 93543. Plaintiff further alleges that in 2012, Chase provided Plaintiff with a loan modification which reduced Plaintiff's monthly payment to $1,145.00. and thereafter, SLS, who is the servicer for Defendant U.S. Bank National Association (“U.S. Bank” and collectively “Defendants”), notified Plaintiff it was foreclosing on Plaintiff's property. Plaintiff states she immediately call...

Excerpt: ...Erroneously Sued as Central Orange County Emergency Animal Hospital, Inc. (“COC”) 2. Plaintiffs took their dog, Ozzy, to MAH because he was in need of surgery. MAH informed Plaintiffs that: (1) initially Ozzy was not ready for surgery; (2) later, Ozzy was ready for immediate surgery; (3) offered a deal, which was agreed upon, where if Combs paid $4,000 up front, it would be an all-inclusive and a capped cost, with no further charges, even if ...

Excerpt: ...dant”) was operating her vehicle on the driveway of the real property commonly known at 44302 Raysack Avenue, Lancaster, Los Angeles County, California, and was in the process of backing out of the driveway, onto and across the public sidewalk when her car hit Decedent, causing his death on November 01, 2018. On October 27, 2020, Plaintiff filed her Complaint alleging two causes of action for Wrongful Death and Survival Action. On October Novem...

Excerpt: ... was inebriated during a Saturday class. Plaintiff claims that Faaborg introduced her to marijuana, sent sexually explicit text messages and emails, and continued the sexual assault until the close of the school year in 2019 both on and off school campus. Plaintiff further alleges that Antelope Valley Union High School District (AVUHSD) through its employees, including Vice- Principal Michael Ybarra (“Ybarra,” or with AVUHSD, “Defendants”...

Excerpt: ...er after the Trustee sale without Plaintiff's consent. Plaintiff seeks possession of the Property. On September 23, 2021, Plaintiff filed its Complaint. On October 12, 2021, Claimant Mary Mattison (“Claimant”) filed a Prejudgment Claim of Right to Possession. Claimant asserts a right to possession of the premises because she alleges that she occupied the premises on the date the complaint was filed. On October 13, 2021, the Court deemed that ...

Excerpt: ..., “Defendants”). Malik also alleges that his parents, LA Sangster (“LA”) and Bridget Sangster (“Bridget”) 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, in pro per against Defendants, alleging ...

Excerpt: ...d, operated, inspected, and\or supervised said Premises leading to a pinata and/or some other party related object to fall directly on Plaintiff's head, causing injuries. On January 21, 2020, Plaintiff filed his Complaint alleging once cause of action for Negligence/Premises Liability. On April 29, 2021, Defendant filed its Answer. On December 29, 2021, Defendant filed three motions: (1) Motion to Compel Responses from Lafacesus Finley to Party C...

Excerpt: ...hat Plaintiff received on both knees before being admitted to Palmdale's facilities on November 21, 2019. The complaint in this matter alleges that, on December 5, 2019, Plaintiff's left knee wound opened while walking under the care and supervision of Palmdale's employees. Plaintiff underwent a surgery on December 9, 2019 at Palmdale to address that injury. In the related case (case no. 20AVCV00828), Plaintiff filed this complaint on November 23...

Excerpt: ...ugust 05, 2021, Dr. Misra performed an artificial disc replacement surgery at levels C4- 23 5 and C5-6 of Plaintiff's cervical spine. Plaintiff contends that the surgery was done negligently and resulted in post- operative complications, leading to two additional cervical fusions in an effort to correct the complications. Plaintiff agreed and Dr. Misra performed the two subsequent surgeries. Plaintiff alleges that, following the two surgeries, he...

Excerpt: ...aintiff and his immediate family. (Complaint, Intentional Tort Attachment, No. 5.) On November 23, 2021, Plaintiff filed his Complaint alleging one cause of action for Intentional Tort. The Court notes that there are three CAUSE OF ACTION—Intentional Tort attachments. It appears that there is one for Cal. Civ. Code § 45 libel, Cal. Civ. Code § 46 slander, and intentional infliction of emotional distress. On December 23, 2021, Defendant filed ...

Excerpt: ... and/or drove the motor vehicle(s) so as to cause injuries and damages to her. On January 31, 2020, Stocker filed her Complaint against Herber Melara, Roberto Porras, Monique Bell and Gerald Bell alleging two causes of action for Motor Vehicle and General Negligence. On March 16, 2021, a Good Faith Settlement Application was approved by the Court for the settlement reached between Stocker, Monique Bell, and Gerald Bell. On March 26, 2021, Monique...

Excerpt: ... Social Deserting “Camping Party” event that occurred on July 19, 2020 to July 20, 2020 at or near Ave. L- 8 and 80th St. E. in Palmdale, California. Plaintiff further alleges that on or about July 20, 2020, Defendants and Brown recklessly, tortuously, and unlawfully owned, controlled, managed, maintained, supervised and possessed the dog, the event, and/or the premises as to permit the Dog to attack, molest, bite, maul, or otherwise injure P...

Excerpt: ..., 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 Nuisance; (4) Private Nuisance; (5) Premises Liability; (6) Pre...

Excerpt: ...d to provide security in the KFC to protect its visitors or to take any steps to protect the visitors from harassment by other patrons and that such inaction resulted in harm to herself. On July 22, 2020, Plaintiff filed her Complaint alleging a Premises Liability cause of action. Defendant answered on August 28, 2020. On May 2021, Defendant filed this instant Motion for Summary Judgment. On December 20, 2021 Plaintiff filed her Opposition. On Ja...

Excerpt: ...CA. It is alleged that “Defendants, and each of them, so negligently entrusted, managed, maintained, drove, operated, manufactured, designed, repaired, distributed, and inspected their automobiles so as to cause them to collide with Plaintiffs' vehicle[.]” (Complaint, ¶ 8.) Plaintiffs allege injuries, including, but not limited to the body, nervous system, and person. On March 25, 2019, Plaintiffs filed their Complaint against Defendant Davi...

Excerpt: ...o-manager and/or co-owner of Defendants G.T.L.T., LLC; G.I.M.O.S.A.S., LLC; and DAM&M INVESTMENTS, LLC (collectively, with co-owner Horacio Martinez, “Defendants”), and consisted of an obligation that Plaintiff's pay $1395.00 per month.Plaintiffs further allege that they paid the full amount of rent due, with the exception of those months following approximately “April 2021 [sic],” due to the COVID-19 pandemic, notified Defendants of thei...

Excerpt: ...otor home was covered by both Jayco's express limited warranty covering two years or 24,000 miles whichever occurred first and an implied warranty of merchantability that the motor home was fit for its ordinary intended purposes. Plaintiffs present that within the warranty periods, Plaintiffs had on at least four occasions taken the motor home in for repairs. Plaintiff contends neither Jayco nor its authorized service and repair facilities were a...

Excerpt: ...avelling 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, Plaintiff filed her Compla...

Excerpt: ... to Plaintiff for goods, wares, and merchandise sold and delivered to Defendants and for which Defendants promised to pay Plaintiff in the sum of $70,903.15. On March 16, 2020, Plaintiff filed its Complaint alleging a cause of action for Common Counts. On October 15, 2020, Defendants filed their Answer. On May 10, 2021, Plaintiff filed this instant Motion for Summary Judgment, or in the alternative, Summary Adjudication. No Opposition has been fi...

Excerpt: ...ean (“Defendant”) was heading northbound on Sierra Highway at an unreasonably high speed and collided with Decedent. Plaintiff alleges damages as a result of this incident in the form of special damages such as wage loss, funeral expenses, burial expenses, medical expenses, general damages and general damages. On July 20, 2021, Plaintiff filed his Complaint alleging causes of action for Motor Vehicle and General Negligence. On November 23, 20...

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: ...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: ...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: ... 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: ...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: ...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: ...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: ... 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: ... 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: ... 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: ...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: ... 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: ... (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: ...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: ...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...

Excerpt: ...s Defendant Antelope Valley Hospital Foundation (“AVHF”), through Defendant Michael A. Gertz, M.D. (“Dr. Gertz”) misrepresented that the doctor performing the medical procedure was “World Class”, that AVHF was ranked as one of the top hospitals in California, and that Plaintiff would not find better care at some other hospital than he would receive at AVHF. On September 21, 2020, Plaintiff filed a complaint against Defendants AVHF, Dr...

Excerpt: ...ant Antelope Valley Hospital Foundation (“AVHF”), through Defendant Michael A. Gertz, M.D. (“Dr. Gertz”) misrepresented that the doctor performing the medical procedure was “World Class”, that AVHF was ranked as one of the top hospitals in California, and that Plaintiff would not find better care at some other hospital than he would receive at AVHF. On September 21, 2020, Plaintiff filed a complaint against Defendants AVHF, Dr. Eddin,...

Excerpt: ...790 E Avenue K, Lancaster, California 93535 (the “Premises”). Plaintiff alleges that Defendants did not obtain a permit for the work, that Defendants knew or should have known that Plaintiff did not hold a license to perform roofing work, and that Mr. Sabalboro failed to properly set-up, lock and/or secure the ladder that Plaintiff used. Plaintiff contends that at Mr. Sabalboro's request, proceeded to the back patio to install boards undernea...

Excerpt: ... 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, Plaintiff filed her Com...

Excerpt: ... performed the surgery. Plaintiff alleges that Dr. Misra performed surgery on the areas of his cervical spine where a prior surgery had already been done and that the surgery led to rehospitalization for sepsis, abscess of the neck, and a MRSA infection. Plaintiff further alleges that it was discovered after rehospitalization that Dr, Misra utilized surgical hardware, cervical cages, in a manner that was not recommended by the manufacturer or con...

Excerpt: ...sociated medical bills and mental anguish, shock, and trauma. On July 06, 2021, Plaintiff filed her Complaint alleging Negligence, Failure to Warn, Strict Liability, Breach of Express Warranty, and Breach of Implied Warranty against all defendants. On June 03, 2021, Defendant Walmart, Inc. (“Walmart”) filed its Answer. On June 07, 2021, Plaintiff filed her First Amended Complaint (“FAC”). The FAC alleges the same five causes of action aga...

Excerpt: ...te was passenger. Plaintiffs contend that the accident caused severe injuries and damages to themselves and their property. On March 24, 2020, Plaintiffs filed their Complaint. On April 02, 2021, Defendant filed his Answer. On July 09, 2021, Del Angel brought this instant Motion to Quash. On August 25, 2021, Defendant filed his Opposition. Analysis Standard for Motion to Quash – Cal. Code Civ. Proc. §1987.1(a) provides, as follows: “If a sub...

Excerpt: ...ociated medical bills and mental anguish, shock, and trauma. On July 06, 2021, Plaintiff filed her Complaint alleging Negligence, Failure to Warn, Strict Liability, Breach of Express Warranty, and Breach of Implied Warranty against all defendants. On June 03, 2021, Defendant Walmart, Inc. (“Walmart”) filed its Answer. On June 07, 2021, Plaintiff filed her First Amended Complaint (“FAC”). The FAC alleges the same five causes of action agai...

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 this instant Motion for Leave to File a Second Amended Complaint. On ...

Excerpt: ... (“Palmdale Regional”); High Desert Medical Corporation, erroneously sued as High Desert Medical Group (“High Desert”); Quartz Hill Walk-In Medical Group, Inc. (“Quartz Hill”); and individuals Joel Herriott Thayer, M.D. (“Dr. Thayer”); Eric Carney Denley, M.D. (“Dr. Denley”); and Carlos A. Guerrero, FNP (“Mr. Guerrero” and collectively, “Defendants”) negligently and recklessly failed to diagnose Decedent's lung cancer....

Excerpt: ...f was inebriated during a Saturday class. Plaintiff claims that Faaborg introduced her to marijuana, sent sexually explicit text messages and emails, and continued the sexual assault until the close of the school year in 2019 both on and off school campus. Plaintiff further alleges that Antelope Valley Union High School District (AVUHSD) through its employees, including Vice-Principal Michael Ybarra (“Ybarra,” or with AVUHSD, “Defendants”...

Excerpt: ...s Fund Society D/B/A Christina Trust as Trustee for PNPMS Trust Iam Ventures (“Wilmington Savings”). Plaintiff claims no notice was given to him. On November 05, 2019, Cam Ventures Holdings LLC (Cam Venture), claiming to be an administrator for Wilmington Savings, allegedly created a second Deed of Trust (“ADOT-2”). On July 8, 2019, ZBS Law, LLP FKA Zieve, Brodnax, & Steele (“ZBS Law”) allegedly created a Notice of Default (“NOD”)...

Excerpt: ...alph Steven Leon (“Leon”) was driving his vehicle in a negligent manner, striking Plaintiffs' vehicle; 2. Defendant/Cross-Defendant/Cross-Complainant Hong Zhou (“Zhou”) was driving a vehicle owned by Qian Bai (“Bai”), erroneously sued as Quian Bai, while in a negligent manner, causing it to be hit by Plaintiffs' vehicle; 3. Defendant/Cross-Defendant/Cross-Complainant Jose Enrique Rodriquez Franco (“Franco”) was driving his vehicle...

Excerpt: ...dant Super Center Concepts, Inc. dba Superior Grocers (“Defendant”) filed their answer. On March 11, 2019 and July 05, 2019, both parties stipulated to continue trial. On November 05, 2019, Plaintiff filed an Ex-Parte Application for Continuance of Trial, granted November 07, 2019. On June 15, 2021, Defendant an Ex-Parte Application for Continuance of Trial, granted June 16, 2021. On August 23, 2021, Defendant filed a new Ex-Parte Application...

Excerpt: ...ista Corp. (“EDVCORP”). Plaintiff alleges the claims of EDVCORP are:  Defendant Timothy James Kiger (“Defendant”) asserted to prospective buyer Sanchez and to EDVCORP agent Alvarez that he was the true owner of the Parcel and 80 acres surrounding it. Defendant's assertions cost EDVCORP the sale of the Parcel.  Defendant asserted to prospective buyer Buenrostro that she and her mother were trespassing on his property and threatening ...

Excerpt: ... 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 par...

Excerpt: ...in her left hip joint and underwent revision surgery on January 08, 2019. Plaintiff alleges that, during this second surgery, Dr. Minkowitz discovered that Defendant Smith & Nephew, Inc.'s R3 Acetabular System failed, shifted out of place, and that the femoral head showed wear. Plaintiff further alleges that on or about May 7, 2020, Dr. Minkowitz informed Plaintiff that he had received notice from Smith & Nephew Inc. that the hardware installed i...

Excerpt: ...intained their premises to allow the slippery floor, a dangerous condition, to exist. Plaintiff filed her Complaint on July 27, 2020 with two causes of action, General Negligence and Premises Liability. On October 16, 2020, Defendant filed its answer. On May 28, 2021, Defendant filed this instant motion for summary judgement, or in the alternative summary adjudication. On August 02, 2021, Plaintiff filed their Opposition. On August 13, 2021, Defe...

Excerpt: ... could not own real property in California without being deported as he is an illegal immigrant. So, Defendants agreed that Plaintiff would use the money that he had won from the California Lottery to purchase the Property under one of their names and transfer the Property to Plaintiff after a short duration. In consideration for Defendants' assistance with this matter, Plaintiff would purchase small undisclosed gifts for Defendants, and allow De...

Excerpt: ...ntiff alleges Defendant Antelope Valley Hospital Foundation (“AVH”), through Defendant Michael A. Gertz, M.D. (“Dr. Gertz”) misrepresented that the doctor performing the medical procedure was “World Class”, that AVH was ranked as one of the top hospitals in California, and that Plaintiff would not find better care at some other hospital than he would receive at AVH. On September 21, 2020, Plaintiff filed a complaint against Defendants...

Excerpt: ...ishment by keeping it clean and safe for invitees, cause liquid to be left on the floor of the premises without any proper “Caution Wet Floor” signs which created a dangerous condition and foreseeable risk of harm. Plaintiff contends that this dangerous condition and foreseeable risk of harm was the actual and proximate cause of Plaintiff's injuries and damages. On September August 07, 2019, Plaintiff filed her Complaint, alleging General Neg...

Excerpt: ...at the aforementioned dangerous condition existed due to Defendants' negligence in maintaining, managing, controlling, or operating of the location of incident and that the dangerous condition is the proximate cause of her injuries. On March 19, 2021, Plaintiff filed her Complaint alleging Negligence and Dangerous Condition of Public Property pursuant to Gov. Code §835 et seq. On June 25, 2021, Plaintiff filed a Substitution of Attorney releasin...

Excerpt: ...from owners Defendants Juana Carranza (“Carranza”) and Guillermo Farias (“Farias” and collectively, “Defendants”). (FAC, Exh. 1.) By the terms of the agreement, Plaintiffs allegedly agreed to pay a deposit of $10,000, and make monthly payments of $2,200 until the sixth month, wherein rent would increase to $2,800 until January 01, 2019. (FAC, Exh. 1.) The agreement includes two options, set to expire on January 01, 2019. (Id.) For the...

Excerpt: ...ng 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 alleging two causes o...

Excerpt: ... payments to Shorter. On or about October 22, 2018, Shorter allegedly took out a second mortgage on the Property, for approximately $200,000. Plaintiff claims that shorter “unilaterally” obtained this loan without Plaintiff's consent and that Plaintiff had paid $125,000 toward the initial mortgage over the previous nine (9) years prior to the Shorter taking out the second mortgage and “pocketing” $75,000. Plaintiff states that Shorter is ...

Excerpt: ... about September 2015, he hired LD to refinance Plaintiff's marital home to buy out his ex-wife, Patricia Evans, as ordered by the Divorce Judgment 1 in the couple's dissolution. Thereafter, on September 18, 2015, LD reported a lien under Plaintiff's name for approximately $93,000 on the home. The money due on the lien was for fees owed to Plaintiff's ex-wife from the dissolution. On January 15, 2018, Plaintiff discovered that his ex-wife never r...

Excerpt: ...�Juarez” or, collectively, “Plaintiffs”) by and through their Guardian Ad Litem, Ana Ruth Abarca (“Abarca”) allege that when Plaintiffs were traveling eastbound on Avenue K on a green light, they became stuck on Avenue K due to traffic congestion from the lane closures for construction in the area and were struck by a train that failed to stop. On June 07, 2018, Plaintiffs filed their Complaint, amended on June 28, 2018. On September 09...

Excerpt: ...ta Corp. (“EDVCORP”). Plaintiff alleges the claims of EDVCORP are:  Defendant Timothy James Kiger (“Defendant”) asserted to prospective buyer Sanchez and to EDVCORP agent Alvarez that he was the true owner of the Parcel and 80 acres surrounding it. Defendant's assertions cost EDVCORP the sale of the Parcel.  Defendant asserted to prospective buyer Buenrostro that she and her mother were trespassing on his property and threatening th...

Excerpt: ...d an open account for Defendant by generating billing statements every month, and mailed said billing statements to Defendant. Plaintiff contends there are no unresolved disputes on the account at this time. The alleged balance on the account is $42,848.86. On December 17, 2020, Plaintiff filed its Complaint with the Cause of Action Common Counts. On January 15, 2021, Defendant filed an answer. Plaintiff moves for summary judgment and in the alte...

Excerpt: ...hich relates to dangerous conditions of public property. This personal injury lawsuit involves a trip and fall incident (the “Incident”) which occurred on February 19, 2019, at the Michael Antonovich Courthouse, located at 42011 4th Street West, Lancaster, California (the "Subject Property.") (See Declaration of Douglas Jacobs (“Jacobs Decl.”), Exh. 1 (the Complaint).) Specifically, the Complaint alleges the Incident was caused by a dange...