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...

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: ... 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: ...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: ...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 ...