Excerpt: ... Defendant or its authorized repair facility or facilities no less than 16 times for repair to nonconformities. Plaintiff alleges each time the vehicle was returned without properly repairing the nonconformities. The nonconformities alleged are, but not limited to: noise concerns, engine malfunctions, brake malfunctions, battery malfunctions, infotainment malfunctions, door malfunctions, window malfunctions, air conditioner malfunctions, a high p...

Excerpt: ...aintiff”) for the wrongful death of her daughter, Melkyra Stovall (“Decedent”). On August 01, 2018, Decedent was in an automobile collision wherein her car was allegedly struck by a garbage truck taking a wide right turn. According to the Complaint, the truck was owned by Defendant USA Waste of California (“USA Waste”) and operated USA Waste employee Defendant Jose Guillermo Corzo Dubon (“Dubon” and collectively, “Defendants”). ...

Excerpt: ...the vehicle and his passengers were Ramak Aghdassi and Sheida Shahrikandi. (Decl. of McCormack.) Defendant's agent was driving the vehicle that rear-ended Plaintiffs' vehicle. (Sobhani Complaint, Page 5; Shahrikandi Complaint, Page 5.) III. PROCEDURAL BACKGROUND On August 12, 2020, Plaintiffs Ashkbos Sobhani and Ramak Aghdassi filed their complaint. On September 24, 2020, Plaintiff Sheida Shahrikandi filed her complaint. On March 1, 2021, the Cou...

Excerpt: ...ichael 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 AVH, Dr. Eddin, and Does 1 through 25 for (1) medical malpractice, (2) intentional misrepre...

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

Excerpt: ...e; 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' Demurrer to Plaintiff's first, second, third, fourth, s...

Excerpt: ...ed on common law), premises liability, Intentional Infliction of Emotional Distress (“IIED”), negligent infliction of emotional distress- bystander, and negligent infliction of emotional distress-direct victim. On April 8, 2021, this Court granted Defendants' Motion to Strike Plaintiffs' claim for punitive damages in their Fifth Cause of Action for IIED. Consequently, Plaintiffs filed their FAC May 6, 2021, including claims for punitive damag...

Excerpt: ...ichael 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 AVH, Dr. Eddin, and Does 1 through 25 for (1) medical malpractice, (2) intentional misrepre...

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...

Excerpt: ...ant TK Properties, LLC (“Defendant”) and Does 1 through 10. On May 5, 2021, Plaintiff filed a motion for order for possession. Defendant filed a notice of non- opposition on June 1, 2021. Analysis Standard for Prejudgment Possession of Property – CCP section 1255.410 provides the following: a. At the time of filing the complaint or at any time after filing the complaint and prior to entry of judgment, the plaintiff may move the court for an...

Excerpt: ... 94th Street East, which was struck on the roadway by Decedent. Plaintiffs further allege that, once Decedent fell onto the roadway, he was subsequently struck by Defendant Oscar Anibal Amaya (“Mr. Amaya”), driving a 1998 Toyota Sienna, who was travelling in the same direction as Decedent. On February 24, 2020, Plaintiffs the Estate of Bradley Charles St. John and Rosa St. John, Decedent's wife, (collectively “Plaintiffs”) filed their Com...

Excerpt: ... 94th Street East, which was struck on the roadway by Decedent. Plaintiffs further allege that, once Decedent fell onto the roadway, he was subsequently struck by Defendant Oscar Anibal Amaya (“Mr. Amaya”), driving a 1998 Toyota Sienna, who was travelling in the same direction as Decedent. On February 24, 2020, Plaintiffs the Estate of Bradley Charles St. John and Rosa St. John, Decedent's wife, (collectively “Plaintiffs”) filed their Com...

Excerpt: ... FACC) against various sub-contractor entities, all of which have filed cross-complaints against one another. Gundry in turn cross-complained against a number of sub-contractors, including Luis Daniel Alvarez dba Alvarez Construction, alleging the sub-contractors had performed deficiently and that they had a duty under their respective sub-contracts to defend and indemnify Gundry. 2. Discussion In City of Grand View Terrace v. Superior Court (198...

Excerpt: ...nal distress; 8. Sexual harassment (Civ. Code ¶ 51.9); 9. Sexual harassment and abuse in educational setting (Edu. Code ¶ 220); 10. Breach of fiduciary duty; and 11. Public entity liability for failure to perform mandatory duty (Edu. Code §§ 200, 201; Civ. Code § 51.9; Title IX 20 U.S.C. § 1681). Plaintiff alleges the following. Plaintiff was a minor, aged 14 years old, in or about 2004-2005, when she was openly groomed for sexual abuse on ...

Excerpt: ... instrument (Civ. Code § 3412); 3) quiet title; 4) violation of Civil Code § 2924, subdivision (f); 5) violation of Civil Code § 2923.5; 6) unfair business practices; and 7) injunctive relief. Wells Fargo recently demurred to the Complaint, and on June 1, 2021, the demurrer was sustained in its entirety with 30 days' leave to amend. DRI Holdings also demurred to the Complaint, and on June 22, 2021, the demurrer was sustained in its entirety wi...

Excerpt: ...t Uber Technologies, Inc. (“Uber”), forcefully struck Decedent, sending him flying into the air. Plaintiff alleges Defendant Denisse was tired, driving at an unsafe speed for the road conditions, under the influence of alcohol, and paying attention to the Uber application's GPS on her phone instead of the road when she struck Decedent with her vehicle. On January 11, 2021, Plaintiff filed a complaint against Defendants Uber, Denisse, and Jaso...

Excerpt: ...n severe injuries to Plaintiff. On February 26, 2021, Plaintiff, who is self-represented, commenced this action by filing two complaints, one form complaint on a Judicial Council of California form (“Form Complaint”) and another non-form complaint (“Complaint for Damages”) that is 20 pages long without exhibits. The Form Complaint is on Form PLD-PI-001 and has two causes of action for intentional tort. The Complaint for Damages has four c...

Excerpt: ...n, Dr. Vaghjiani, and Dr. Tuso for gross negligence, breach of contract, and wrongful death. On October 30, 2019, Plaintiff filed a First Amended Complaint, adding Bernard Tyson and Patrick Cornpial as defendants. On July 16, 2020, the Court granted Dr. Farahdel, Dr. Tuso, Dr. Ahmed, and Dr. Vaghjiani's motion to compel arbitration. On October 16, 2020, at the case management conference, the Court granted the request to correct Dr. Ahmed's name t...

Excerpt: ...inst Defendant Brunswick Corporation on December 22, 2020. The Complaint asserts causes of action for (1) breach of implied warranty of merchantability under the Song-Beverly Warranty Act; (2) breach of express warranty of merchantability under the Song-Beverly Warranty Act; (3) breach of express warranty under the Magnuson-Moss Warranty Act; and (4) breach of implied warranty of merchantability under the Magnuson-Moss Warranty Act. The facts und...

Excerpt: ...; Wilmington Trust, National Association, solely as Trustee of the MFRA Trust 2016-1 (Wilmington); Barrett Daffin Frappier Reder & Weiss LLP; DRI Holdings, LLC (Barrett Daffin); and all unknown property claimants, setting forth claims for 1) wrongful foreclosure; 2) cancellation of instrument (Civ. Code § 3412); 3) quiet title; 4) violation of Civil Code § 2924, subdivision (f); 5) violation of Civil Code § 2923.5; and 6) injunctive relief. We...

Excerpt: ... entered as to Demitris C. Irving. On April 6, 2021, Defendant Mariana Beatriz Perez Vera (erroneously sued as Maria Beatriz Perez) (“Defendant”) filed a motion for summary judgment. Plaintiff filed opposition papers on June 8, 2021. Defendant filed reply papers on June 17, 2021. Analysis Standard for Summary Judgment – A party may move for summary judgment in any action or proceeding if it is contended that the action has no merit or that ...

Excerpt: ...und 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. Plaintiff filed an opposition on June 4, 2021. Defendants filed a reply on June 10, 2021. Analysis Standard for Motions for Judgment on the Pleadings – It is well established in California that either prior to trial or at the trial the plaintiff or the defendant may m...

Excerpt: ... June 13, 2012, Plaintiff filed his Complaint in related Case No. MC023536 in Department A15 of the Los Angeles Superior Court, North District against Phillips for fraud, conversion, and common counts, and filed a First Amended Complaint on June 10, 2015, alleging the same. On November 04, 2015, default was entered against Phillips. Then, on December 18, 2015, default judgment was entered against Phillips in the amount of $67,882.18. A motion for...

Excerpt: ...ies and damages. (First Amended Complaint, ¶ 14.) On February 05, 2018, Plaintiff, by and through his Guardian ad Litem Richard Taylor, filed the Complaint against Defendants County of Los Angeles (“COLA”); JAB Productions, Inc., erroneously sued as “Los Angeles County Raceway Motocross” (“JAB”); Granite Construction Company (“Granite”); and individuals Jack W. Barbacovi and Anthony Barbacovi (the “Barbacovis”). Plaintiff bro...

Excerpt: ...0, on or about December 11, 2013, PSD, Bogh, and Defendant/Cross-Complainant The Bank of Hemet (“Bank”) entered into an escrow agreement (“Escrow Agreement”) with respect to the retention of funds (approximately $150,000) for the Construction Contract. PSD alleges that Bogh breached the Construction Contract in that there were substantial defects in the concrete installed by Bogh. PSD notified Bogh of the defects, and that such defects we...

Excerpt: ...pleading is the Second Amended Complaint (“SAC”), which alleges causes of action for (1) quiet title, (2) breach of contract, (3) cancellation of instrument, and (4) negligence. The cause of action for quiet title is the sole cause of action against Defendant Argosha 1, Inc. (“Defendant”). The SAC states in pertinent part as follows. Plaintiff and Defendant Kelly Shorter (“Kelly”) purchased a property located at 5244 West Avenue M-4, ...

Excerpt: ..., 2019, Plaintiff Imani Smith (“Plaintiff”) slipped when she was entering the Antelope Valley Hospital because of water that had allegedly accumulated on the floor. (Complaint, MC-025; UMF No. 6.) On April 15, 2020, Plaintiff filed the Complaint against Defendants Antelope Valley Hospital (“AVH”), City of Lancaster, and County of Los Angeles. Plaintiff brought one Cause of Action, sounding in premise liability against these defendants. Th...

Excerpt: ...st, National Association, solely as Trustee of the MFRA Trust 2016-1 (Wilmington); Barret Daffin Frappier Reder & Weiss LLP; DRI Holdings, LLC (Barret Daffin); and all unknown property claimants, setting forth claims for 1) wrongful foreclosure; 2) cancellation of instrument (Civ. Code § 3412); 3) quiet title; 4) violation of Civil Code § 2924, subdivision (f); 5) violation of Civil Code § 2923.5; and 6) injunctive relief. Wells Fargo demurs t...

Excerpt: ... the City of Palmdale, wherein Plaintiff Tyler Bertrand (“Plaintiff”), who was a passenger in a vehicle driven by his foster mother Leah Ely, allegedly sustained injuries after Defendant Janet Clair Calvin (“Defendant”) Plaintiff filed the Complaint against on February 28, 2020, alleging a causes of action for motor vehicle negligence and a cause of action for general negligence. On September 10, 2020, Defendant filed her Answer to the Co...

Excerpt: ...int in pro se on October 30, 2020, apparently alleging one (1) cause of action for Negligence against Defendant. Prior to any appearance by Defendant, on December 01, 2020, Plaintiff filed the First Amended Complaint (“FAC”) for one (1) cause of action sounding in Negligence. On February 16, 2021, Defendant filed the instant Motion to Strike Plaintiff's reference to Defendant's Insurer State Farm's (“State Farm”) settlement payout in the ...

Excerpt: ...8 at the intersection of Avenue J and 40 th Street East in the City of Lancaster, wherein Plaintiff Timothy Santos (“Plaintiff”) allegedly sustained injuries. Plaintiff filed the Complaint against Defendants Sandra Ramirez (“Sandra”)[i] and Charles A. Ramirez (“Charles” and collectively the “Defendants”) on July 10, 2018, alleging a single cause of action for motor vehicle negligence. Defendants are a married couple. On August 22,...

Excerpt: ...ring: May 11, 2021 Dept. A-14 Judge Stephen T. Morgan Case Number 20AVCV00828 Background In the lead case (case no. 20AVCV00813), Plaintiff Denise Kephart (“Plaintiff”) initially filed her complaint on November 13, 2020 against Defendants Palmdale Regional Medical Center (“Palmdale”) and Universal Health Services, Inc. alleging the following causes of action: (1) medical malpractice, (2) negligence/premises liability, and (3) dependent ad...

Excerpt: ...t and battery incident. On or around January 11, 2018, Plaintiff T.A.V, a minor (“T.A.V.”) was sexually assaulted by another student (referenced as B.D. in the motion) in a bathroom at the Sunnydale Elementary School, which falls within Defendant Lancaster School District's operational zone. (First Amended Complaint (“FAC”), ¶ 15.) On December 10, 2018, Plaintiff's T.A.V., by and through his Guardian ad Litem T.V. and T.V. (collectively,...

Excerpt: ...edly slipped and fell while walking between aisles 18 and 19 of a Walmart Superstore located at 40130 10th Street, West Palmdale, CA. On December 22, 2020, Plaintiff filed a Complaint against Defendants Walmart Claims Management Inc. and AR Claims Management Inc. for negligence. On April 9, 2021, Defendant Walmart Inc. filed the instant Motion to Strike Punitive Damages from Plaintiff's Complaint. Plaintiff filed an opposition on April 29, 2021. ...

Excerpt: ...defective boat under the California Song-Beverly Warranty Act and federal Magnuson-Moss Warranty Act. On or about April 14, 2020, Plaintiffs Janine Montgomery and Tim Montgomery (“Plaintiffs”) purchased a 2020 Crestliner 1700 Vision, VIN CRCVB524F920 (the “Boat”), manufactured by Defendant Brunswick Corporation (“Brunswick”) for $27,432.50 pursuant to the terms of a Retail Installment Contract. Plaintiff purchased the Boat from Defend...

Excerpt: ...ant case arises from a breach of a written contract. On or about August 22, 2019, Plaintiff Xiaojun Mo (“Mo”) entered into a written contract (the “Cooperation Agreement”) with Defendant Sheng Zhan (“Zhan”) for the operation and risk of loss of a Japanese noodle style Ramen restaurant in Palmdale, CA aptly named “Love Ramen” (the “Restaurant”). (First Amended Complaint, Exh. A.) Upon entering into the Cooperation Agreement the...

Excerpt: ...al profiling leading to the false arrest and imprisonment of Plaintiff Malik D. Sangster (“Plaintiff”) by Defendants Deputies Castre Jon (“Deputy Castre”), John Fink (“Deputy Fink”), and Sergeant Jason Goedecke (“Sergeant Goedecke”), acting within the course and scope of employment with Defendant Los Angeles County Sheriff Department (“LASD” and collectively “Defendants”). On December 23, 2020, Plaintiff filed the Complain...

Excerpt: ...��Plaintiff”), while at a premises owned and/or operated by Defendants DD's Discounts, Ross Stores, Inc. (“Ross”), and Ross Dress for Less, Inc. (collectively, “Defendants”), at 2038 West Avenue J, Lancaster CA, tripped and fell on an object left on the floor, sustaining injury. On November 22, 20219, Plaintiff filed her Complaint, alleging two (2) causes of action for (1) Premises Liability and (2) Negligence. Ross Dress for Less, Inc....

Excerpt: ... Date of Hearing: April 20, 2021 Dept. A-14 Judge Stephen T. Morgan Background The instant case involves a dispute over real property located at 5244 West Avenue M-4 in Lancaster (the “Property”). On or about January 09, 2009, Plaintiff Mary Mattison (“Plaintiff”) allegedly entered into an oral agreement with Defendant Kelly Shorter (“Shorter”), wherein Shorter would purchase the Property “for Plaintiff,” allegedly due to Plaintif...

Excerpt: ...nt governing the sale of a restaurant (the “Agreement”), “A Mexican Grill” (the “Restaurant”), located at 606 E. Avenue K, Suite 103 in Lancaster, CA . On or about December 28, 2018 Plaintiffs Gerardo Juarez Guadalupe (“Guadalupe”) and Elvira Orihuela Rodriguez (“Rodriguez” and collectively, “Plaintiffs”) agreed in writing to lease the Restaurant for one year from owners Defendants Juana Carranza (“Carranza”) and Guill...

Excerpt: ...017, Plaintiff Irma Gonzalez (“Plaintiff”) was sitting in the front passenger seat of a parked vehicle in the parking lot of the Jackie Robinson Park (the “Park”) owned and operated by Defendant County of Los Angeles (“COLA”) located at 8773 East Avenue R, Littlerock, CA, when suddenly a branch fell from a tree (the “Subject Tree”) located in the Park through the open sunroof of the vehicle and struck Plaintiff in the head. Plaint...

Excerpt: ...n T. Morgan Background The present case arises from the death of “SLD,” a 16-month-old infant. Plaintiff Viveanna Lopez (“Lopez”), Mother, and Plaintiff Omar Duron Rodriguez (“Duron” and collectively “Plaintiffs”), Father of SLD allege that SLD wrongfully died in the foster care of Defendants Emma Onofre and Daniel Onofre (the “Onofres”). The Onofres provided foster care through the programming of Defendant Niños Latinos Unid...

Excerpt: ...y 25, 2018, Plaintiffs Vanessa Wheeler and Joseph Wheeler (collectively, “Plaintiffs”), husband and wife, were walking on a street behind a home located at 44233 Elm Street, Lancaster, CA 93534 (the “Property”), when “Rosie,” a shepherd dog, located on the Property escaped and allegedly attacked Plaintiffs, causing injury. On February 18, 2020, Plaintiffs filed their Complaint alleging seven (7) causes of action against Defendant Manu...

Excerpt: ...ENT OF DECISION Date of Hearing: April 08, 2021 Dept. A-14 Judge Stephen T. Mor gan Defendants. Background The present case arises out of a physical injury suffered by Plaintiff Jason Anderson, Jr. (“Plaintiff”) on or about March 07, 2016, when Plaintiff's left hand was allegedly slammed in a door while within the supervision of Defendants Curlyn Arnold (“Arnold”), Thomas Murray (“Murray”), and Chris Hill (“Hill”), acting within t...

Excerpt: ...udge Stephen T. Morgan Background This case arises from an automobile collision. On June 01, 2015, at about 4:20 p.m. Plaintiff Diana Estevez (“Plaintiff”) was driving a 2004 Saab eastbound on Columbia Way (Avenue M) in Lancaster when Defendant Gregory Kadlec (“Kadlec”), driving a 2003 Ford Explorer, allegedly veered from the westbound lane and struck Plaintiff's vehicle head-on. Kadlec was travelling at approximately 50 mph at the time o...

Excerpt: ...onditions at a residential unit located at 38622 Jacklin Avenue in Palmdale, CA (the “Property”). Plaintiffs Jerilynn Fortes and Andrea Reid (collectively, “Plaintiffs”) were tenants of the Property owned by Defendants Rocque Sandoval and Anait Sandoval (collectively, “Defendants”). On June 20, 2019, Plaintiffs filed the Complaint alleging eleven (11) causes of action against Defendants for (1) Negligence; (2) Premises Liability; (3) ...

Excerpt: ... of Hearing: March 30, 2021 Dept. A-14 Judge Stephen T. Morgan Background The instant case arises from a motorcycle accident. On or around February 19, 2017, Plaintiff Zachary Price Taylor, a minor (“Plaintiff”) was lawfully riding his motorcycle on the motocross track at Los Angeles County Raceway Motocross located at 7010 East Avenue T, Palmdale, CA. Plaintiff alleges that while “he was negotiating a turn” he exited the track and fell m...

Excerpt: ...ons preserved for renewal during the course of oral depositions to be taken pursuant to the issued subpoenas. Background This case arises from an automobile collision. On June 01, 2015, at about 4:20 p.m. Plaintiff Diana Estevez (“Plaintiff”) was driving a 2004 Saab eastbound on Columbia Way (Avenue M) in Lancaster when Defendant Gregory Kadlec (“Kadlec”), driving a 2003 Ford Explorer, allegedly veered from the westbound lane and struck P...

Excerpt: ... third, fourth, sixth, seventh, and eighth causes of action, with leave to amend; and SUSTAINED as to the fifth cause of action, without leave to amend. Plaintiff is ordered to file an amended complaint within thirty (30) days of this order. Background The instant action arises from the alleged nonpayment of a home equity line of credit, resulting in foreclosure proceedings. The following facts are pertinent. On or about August 10, 2006, Plaintif...