Excerpt: ...Wei”), Yi Zhang Zhou (“Zhou”), 1\ 61 Alice St. Arcadia LLC (“161 Alice LLC”), and 9416 Broadway LLC (“9416 Broadway\ ”) asserting causes of action for breach of contract, breach of fiduciary duty, aiding and abetting the breach of fiduciary duty, fraud, unjust enrichment, and constructive trust. Plaintiff alleges he owned interests in property loc\ ated at 161 Alice Street in Arcadia, California (the “Alice Property”), \ and 941...

Excerpt: ...024 I. INTRODUCTION On July 5, 2024, plaintiff Anahid Minaskanian (“Plaintiff”), individually and as successor-in-interest of Lida Zohrabians (“Zohrabians”), filed this action against defendants Central Convalescent Hospital of Glendale Inc. dba Chandler Convalescent Hospital (“Facility”) (erroneously sued a\ s “Central Convalescent Hospital of Glendale Inc. dba Chandler Convalescent Hospital\ - Glendale” and “Chestnut Ridge Pos...

Excerpt: ...as collectively, “Plaintiffs”) filed this action asserting a single \ cause of action for breach of express warranty pursuant to the Song-Beverly Consumer Warranty Act (“SBA”). Plaintiffs allege that on September 2, 2019, they entered into a warranty contract with defendant Mazda Motor of America, Inc. (“Defe\ ndant”) regarding a 2016 Mazda Mazda6. (Compl., ¶ 14.) Plaintiff claim that\ defects and nonconformities to warranty manifest...

Excerpt: ...f”) filed this \ action against defendants Rose City Veterinary Hospital (“Defendant”) a\ nd Laynee Hokanson, DVM (“Dr. Hokanson”). On September 25, 2023, Plaintiff\ filed the operative First Amended Complaint (“FAC”) asserting causes of action for veterinary malpractice, intentional misrepresentation, intentional infli\ ction of emotional distress (“IIED”), and conversion. This action relates\ to veterinary care provided to Pla...

Excerpt: ...s application for default judgment. \ Plaintiff requests a permanent injunction as a remedy for her defamation claim against defend\ ant Ly Mai Chau aka Chau Ly Mai (“Defendant”). Defendant, who was formerly Plaintiff's sister-in-law, allegedly said that Plaintiff was illegally holding Defendant in Plaintiff's residence and withholding the address of the\ residence from Defendant in order to isolate Defendant as if Plaintiff were a criminal k...

Excerpt: ...ed this m\ otion to compel plaintiff Jessica Austin's (“Plaintiff”) further re\ sponses to Form Interrogatories-General, Set One, Form Interrogatories-Employment Law, Set One, Requests for Production of Documents, Set One, and Requests for Admission, Set One. Plaintiff served objections in response to City's\ discovery requests on the grounds that City was in default and unable to propound \ discovery. Plaintiff also objected to the term “I...

Excerpt: ... action against Ford Motor Company (“\ Defendant”) on May 8, 2023. This motion is for $63,252.09 in attorneys' fees and costs f\ ollowing a settlement agreement entered into between the parties on December 11, 2023, which identified Plaintiffs as the prevailing parties. II. FACTUAL AND PROCEDURAL BACKGROUND On March 15, 2023, Plaintiffs submitted a claim through Defendant's third-party dispute resolution provider, the Better Business Bureau A...

Excerpt: ...�Wang”), Yaoning Sun (“Sun”\ ), Yuntao Chen (“Chen”), Jennifer Cheung (“Cheung”), and American South\ west Chamber of Commerce USA (“ASCC”). On October 25, 2023, Cheung filed a motion for an undertaking in the amount of $50,000. On November 22, 2023, Plaintiff filed this motion for sanctions and attorneys' fees against Cheung and counsel of record pursuant to sect\ ion 128.5 of the Code of Civil Procedure. Code of Civil Procedur...

Excerpt: ...ces & Homecare, Inc. dba 1Heart\ Caregivers (“Defendant”) (erroneously sued as “One Heart Car\ egivers”) and Ireneo Santos Borromeo (“Borromeo”) (erroneously sued as “Rene Borromeo”) asserting causes of action for sexual battery, elder abuse, intentional \ infliction of emotional distress, negligent hiring, supervision, and retention of u\ nfit employee, and sexual harassment. On February 9, 2024, Defendant filed this motion for j...

Excerpt: ...inst\ defendants HumanGood and Steven Gowan (“Gowan”) (collectively, \ “Defendants”). On October 6, 2023, Plaintiff filed the operative \ Second Amended Complaint (“SAC”). Plaintiff asserts causes of action ba\ sed on the Fair Employment and Housing Act (“FEHA”) including discriminatio\ n, harassment, retaliation, and failure to prevent discrimination, harassme\ nt and retaliation. Plaintiff also asserts causes of action for wrong...

Excerpt: ...defendants Helen Ross (“Ross”) and Lotusan LLC (“Lotusan”) (collectively, “Defendants”). Plaintiff asserts causes of action\ for: (1) breach of contract, (2) breach of implied warranty of habitability, (3) breach\ of implied warranty of quiet enjoyment, (4) negligence, (5) nuisance, (6) breach of the covenant of good faith and fair dealing, (7) constructive eviction, an\ d (8) failure to return deposit. On October 27, 2023, Plaintiff ...

Excerpt: ...AND RESET THE MOTION FOR SUMMARY JUDGMENT FOR 120 DAYS Dept. 3 8:30 a.m. April 5, 2024 I. INTRODUCTION On April 26, 2022, plaintiff Rosevianney C. Ogumsi (“Plaintiff”) file\ d this medical malpractice action against defendants Richard Dale Gentile, D.D.\ S. (“Dr. Gentile”), Heydar Hamid Shahrokh, D.D.S. (“Dr. Shahrok\ h”), and Heydar Shahrokh, D.D.S., Inc. dba Comfort Dental Center (“Comfort Dental Center”). On July 5, 2022, Plain...

Excerpt: ...Dept. 3 8:30 a.m. April 3, 2024 On December 16, 2022, plaintiff Maria de la Luz Santacruz (“Plaintif\ f”) filed this action against defendant Aldi Supermarket Company (“Defendant”) asserting causes of action for premises liability and general negligence\ . Plaintiff alleges that on January 5, 2021, she slipped and fell on the floor of De\ fendant's store located at 1403 S. Baldwin Avenue in Arcadia, California. On March 1, 2024, Plaintiff...

Excerpt: ...rokh, D.D.S. and Heydar Sharokh, D.D.S., Inc. dba Comfort Dental (collectively, “Defendants”). On\ November 16, 2023, Plaintiff filed this motion to quash 2 subpoenas issued by Defendants to Optum fka Healthcare Partners and Optum's billing department. The subpoenas are attached to the motion. The subpoenas both request the following: ALL MEDICAL RECORDS RELATING TO ANY CONDITION, INJURY OR SYMPTOM AFFECTING ROSEVIANNEY C. OGUMSI AKA: ROSEVIA...

Excerpt: ...iff alle\ ges that at approximately 9 a.m. on August 25, 2023, she was walking on a walkway in\ Almansor Park in Alhambra, California, when an 8 to 10-foot-long tree branch suddenly fell from a large tree and landed directly on her head, causing\ severe and critical injuries including a T3 burst fracture requiring an emergen\ cy laminectomy, traumatic brain injury, as well as multiple bilateral transverse process fractures and rib fractures. On F...

Excerpt: ...aintiffs”) filed this action against the City \ of Pasadena (“City”) and Spiniello Co. (“Defendant”). On December 28, 2022, City filed a cross-complaint against Defendant. On May 22, 2023, after obtaining leave of Court, Plaintiffs filed the operative First Amended Complaint (“FAC”). Plaintiffs assert cau\ ses of action for general negligence and breach of contract against Defendant relating\ to their installation of a water line ne...

Excerpt: ...Lopez (collectively, “Defendants”) asserting a single cause of action \ for motor vehicle negligence arising from a motor vehicle incident that occurred on November 12, 2021. On December 6, 2023, a First Amended Complaint (“FAC”) was filed whic\ h added Bertha Leticia Breton (“Breton”) as a plaintiff to the sam\ e cause of action for motor vehicle negligence. On January 11, 2024, Defendants filed this demurrer to the FAC only with res...

Excerpt: ...Defendant”) assert\ ing causes of action for: (1) breach of contract, (2) breach of implied covenant o\ f good faith and fair dealing, (3) fraud, and (4) violation of Business and Professions Code section 17200 et seq. On November 27, 2023, default was entered against Defendant. On January 10, 2024, Defendant filed this motion to set aside the entry \ of default on the grounds that it lacked actual knowledge of the complai\ nt due to a clerical...

Excerpt: ...ndants Gloria Gao (“Defendant”), Eric Wu aka \ Yue H. Wu (“Wu”), and Wei F. Li (“Li”) (collectively, “Defenda\ nts”) asserting causes of action for: (1) breach of contract, (2) accounting, (3) fraud, (4) conversion, (5) breach of fiduciary duty, and (6) intentional infliction of emotional distress. \ Plaintiff alleges that Defendant, his former mother-in law, was allowed to live at the property located at 1128 W. Duarte Road, #E i...

Excerpt: ...n \ for violation of the Song-Beverly Consumer Warranty Act and fraudulent concealment against defendant American Honda Motor Co., Inc. (“Defen\ dant”). Plaintiff's fraud claim arises from the concealment of material facts at the time she purchased a new 2022 Honda Odyssey (the “Vehicle”). (Compl.\ , ¶¶ 4 8.) Specifically, Plaintiff claims that Defendant concealed the existence an\ d nature of a defect with the Vehicle's computerized dr...

Excerpt: ...action against defendant Harley-Davidson Motor Company Group, LLC (“Defendant”) (erroneously sued as Harley-Davidson Motor Company, Inc.), TMCHB, Inc. dba Huntington Beach Harley- Davidson (“TMCHB”) (erroneously sued as The Motorcycle Company, LLC), and Precision Performance, LLC db\ a TNT Cycle Works. On February 4, 2024, Plaintiff filed this motion to compel the deposition of Defendant's employee, Leah Orloff. Plaintiff did not request ...

Excerpt: ...aintiff”) filed this action against defendants Blue Cross an\ d Blue Shield of South Carolina (“South Carolina Blue”) (erroneously named as “\ BlueCross BlueShield of South Carolina”) and California Physicians' Service dba Blue Shield of California ("Defendant”). Plaintiff brings this action to\ recover $1,647,205.52 plus applicable interest in reimbursement owed for medical\ ly necessary hospital care provided to a patient (“Pa...

Excerpt: ...er 6, 2023, plaintiffs Gabriela Quintero Lopez and Jorge Arnulfo Hernandez Lopez, individually and as successors-in-interest to Alma Rosa Lopez (“Decedent”), along with Claudia Lorena Martinez (“\ Martinez”) (collectively, “Plaintiffs”), filed this action against defendants Beador Construction Company (“Defendant”), State of California, County \ of Los Angeles, and City of Pasadena asserting causes of action for negligence,\ premi...

Excerpt: ...ntiffs Eric A. Ferraco and Andrea V. Ferraco, as Co-Trustees of the Ferraco Family Trust dated 4/19/2000 (“Ferraco Trust\ ”), filed this motion for attorneys' fees. Ferraco Trust seeks an award of attorneys' fees in the amount of $715,849.50 and total expenses in the amount of $53,380.84 (including some that were also claimed in the Memorandum of \ Costs filed on November 2, 2023) against Defendant Human Designs Prosthetic and Orthotic Labora...

Excerpt: ...ific Clinics (“Defendan\ t”), and Does 1 to 10 alleging causes of action for: (1) retaliation in violati\ on of California Labor Code, Section 1102.5; (2) retaliation in violation of California Labor Code, Section 6310; (3) wrongful termination in violation of public policy; and (4) breach of implied covenant of good faith and fa\ ir dealing. On October 13, 2023, the Court sustained Defendant's demurrer to the \ Complaint in its entirety with...

Excerpt: ...“Plaintiffs”) filed this action against defendant\ General Motors LLC (“Defendant”). Plaintiffs allege that on February 27, 2021, they\ acquired a 2020 Chevrolet Bolt (the “Subject Vehicle”). (Compl., ¶¶ 7, 9.) Plaintiff alleges that the Subject Vehicle was represented as safe and functional for normal us\ e which is false because “the batteries may ignite when they are either\ fully charged or fall below seventy (70) miles remain...

Excerpt: ...��) filed this action against defendants Rose City Veterinary Hospital (“Defendant”) a\ nd Laynee Hokanson, DVM (“Dr. Hokanson”). On September 25, 2023, Plaintiff\ filed the operative First Amended Complaint (“FAC”) asserting causes of action for veterinary malpractice, intentional misrepresentation, intentional infli\ ction of emotional distress (“IIED”), and conversion. This action relates\ to veterinary care provided to Plainti...

Excerpt: ...t against defendants Adarn Inc. dba Metro Furniture (“A\ darn”), John Yueh (“Yueh”) and Yapeng Liu (“Liu”) (collectively\ , “Defendants”). Chase originally asserted a cause of action for breach of contract and two common counts for money lent and account stated. On November 20, 2023, Chase dismissed these two causes of action, leaving only its first cause of ac\ tion for breach of contract against Defendants. On November 20, 2023,...

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Excerpt: ...mmer (“Swimmer”) and Sterling Vet \ Corp. (“Sterling Vet”) to recover $216,743.70 for construction service\ s provided to build a pet hospital. On September 28, 2023, Swimmer and Sterling Vet filed a cross- complaint against RSP for breach of contract and negligence alleging tha\ t RSP performed defective work, made illegitimate change orders which caused construction delays, and did not complete the project. As a result, Swimmer and Ster...

Excerpt: ...laintiff”) filed this motion for an order compelling defendant Ford Motor Company (“Defendant”\ ) to serve further responses to Request for Production of Documents, Set One. Plain\ tiff states in their notice of motion that a further response to RFP Nos. 16-22, 24- 25, and 27-31 is necessary because they seek documents relevant to their Song-Beverly Consumer Warranty Act claims arising from their purchase of a 2021 Ford F-150 on September 9...

Excerpt: ...idually and as successor in interest to Arthur Galindo (“Galindo”), and Amalia \ Galindo (collectively “Plaintiffs”) filed this complaint against defendants Daryl Banta, M.D. (“Dr. Banta”) and Huntington Health (erroneously sued as “\ Pasadena Hospital Association, Ltd.”). On October 27, 2023, Huntington Health filed this demurrer. Huntington Health demurs to Plaintiffs' Second Cause of Action for “Reckless \ Neglect in Violatio...

Excerpt: ...ectively, “Plaintiffs”) filed this action \ against defendant City of San Marino (“Defendant”) asserting various violations of Government \ Code section 12940(a) (“FEHA”), including discrimination, failure to accommodate, and failure to engage in the interactive process. The operative pleading is the Third Amended Complaint (“TAC”). It inc\ ludes two causes of action based on FEHA violations for discrimination and fai\ lure to acc...

Excerpt: ...ngela Consolida and Giuseppe Consolida (collectively, “Defendants”). Plaintiff alleges that on or about\ October 29, 2018, she entered into a contract with Angela Consolida's father, Michael “Mike” Macchia, to rent the property located at 8855 3/4 Mission Drive in Rosem\ ead, California (the “Property”) for $1,000 a month for one year. On \ February 1, 2023, Defendants informed Plaintiff that they planned to renovate the Property and ...

Excerpt: ... and A and \ A Trucking. Plaintiff alleges that on April 15, 2019, she and Aguilar were involved \ in an automobile collision on the I-210 westbound freeway at the Fair Oaks exi\ t in Pasadena, California. On August 4, 2020, Plaintiff amended the complaint to add Lee Ramirez (“Ramirez”) as Doe 1. On January 15, 2021, and April 13, 2021, Plaintiff filed a First Amended\ Complaint and again amended it to add Ramirez as Doe 1. On January 17, 202...

Excerpt: ... Deanne Bilemjian (collectively, “Plaintiffs”) filed this action asserting claims \ for breach of insurance contract, bad faith breach of implied covenant of good faith a\ nd fair dealing, conversion, and negligence against Transamerica Life Insurance \ Company (“Transamerica”). On March 21, 2023, Plaintiffs added Leisure Werden & Terry Agency (“Defendant”) as Doe 1. On September 28, 2023, Plaintiffs filed the operative First Amended ...

Excerpt: ... I. INTRODUCTION Plaintiffs Lizette Torres and Omar Torres Angulo (collectively, “Plaintiffs”) move for an order imposing terminating, issue, or evidentiary sanctions against defendant General Motors LLC (“Defendant”) or, in the alternative, an order imposing monetary sanctions and compelling compliance with a prior court order issued on September 15, 2023 (the “September 15 Discovery Order”). Plaintiffs contend that Defendant has fai...

Excerpt: ...rtners, LLP (“Martini LLP”), Christopher Passmore (“Passmore”), Steve Martini (“Martini”), and Withum Smith + Brown, PC (“Withum”). Plaintiff asserts causes of action for: (1) breach of fiduciary duty, (2) aiding and abetting breach of fiduciary duty, (3) breach of contract, (4) breach of implied covenant of good faith and fair dealing (5) intentional interference with contractual relations (6) unjust enrichment, (7) gross neglige...

Excerpt: ...e cancelling earplugs (the “Subject Product”). Defendants Ace Hardware Corporation and The Grommet (collectively, “Defendants”) filed this motion to reopen non-expert discovery on January 18, 2024, after the trial date of January 8, 2024, was continued to May 13, 2024 and the parties stipulated that only expert discovery deadlines would be related to the new trial date. Based on the former trial date, fact discovery closed on December 8, ...

Excerpt: ... in contempt for willfully disobeying a deposition subpoena. The deposition subpoena was issued to Ngoc on August 30, 2023, and personally served on her on September 7, 2023. The deposition was scheduled for September 28, 2023. It is undisputed that Ngoc did not appear for her deposition. On February 1, 2024, Ngoc filed a “response” to this motion, in which her attorney, Dan Hogue, states that Ngoc's failure to attend the deposition was due t...

Excerpt: ... Security”) (collectively, “Plaintiffs”) filed this action against defendant Tesla, Inc. dba Tesla Motors, Inc. (“Tesla”). Plaintiffs assert causes of action for violations of the Song-Beverly Act and allege that Tesla has failed to comply with its warranty and repair obligations in connection with Plaintiffs' leased 2022 Tesla Model 3 (the “Subject Vehicle”). On September 5, 2023, Defendant filed this motion for an order compelling...

Excerpt: ...mpany, Inc. (“Defendant”). On January 23, 2023, having taken the matter under submission on January 9, 2023, this action was ordered to arbitration by the Honorable Colin P. Leis. On December 29, 2023, Plaintiff filed this motion for sanctions pursuant to Code of Civil Procedure section 1281.98 after Defendant failed to pay the fees due to the arbitral provider, JAMS. On January 26, 2024, Defendant filed an opposition brief. On February 1, 20...

Excerpt: ...o”) (collectively, “Plaintiffs”) filed this action against defendants Option Motor Cars, Inc. (“Option Motor Cars”) and Michael Xuye Li (“Li”) (collectively, “Defendants”). Plaintiffs assert six causes of action for: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) conversion, (4) tort of another claim for attorney's fees, (5) violation of Penal Code section 496, and (6) unfair compe...

Excerpt: ...”) filed this action against defendant Li Lin (“Defendant”) asserting causes of action for: (1) negligence, (2) breach of implied warranty of habitability, (3) negligent infliction of emotional distress (“NIED”), (4) breach of oral contract. (5) conversion. (6) constructive eviction, (7) damages for renting unpermitted unit (California Civil Code section 1924.4), and (8) quantum meruit for services. On December 11, 2023, Plaintiff filed...

Excerpt: ...rpleader action. Wells Fargo alleges that on March 8, 2022, defendant Xiaoye Zhang (“Zhang”) opened a deposit account at Wells Fargo ending with account number -6989 (“Account”). On January 9, 2023, $30,000 was wired from a deposit account held by defendant Shirley A. Miller (“Miller”) to Zhang's Account. Miller requested a recall of the Wire and claimed that it was procured by fraud. On January 10, 2023, Wells Fargo restrained Zhang'...

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Excerpt: ...ners, LLP (“Martini LLP”), Christopher Passmore (“Passmore”), Steve Martini (“Martini”), and Withum Smith + Brown, PC (“Withum”). Plaintiff asserts causes of action for: (1) breach of fiduciary duty, (2) aiding and abetting breach of fiduciary duty, (3) breach of contract, (4) breach of implied covenant of good faith and fair dealing (5) intentional interference with contractual relations (6) unjust enrichment, (7) gross negligenc...

Excerpt: ...M.D. (“Dr. Djalilian”) from $2,000 per hour to no more than $750 per hour, or whatever reasonable hourly rate the Court deems just and proper. Plaintiff also seeks an order preventing Dr. Djalilian from setting a “minimum” number of hours for which Plaintiff has to pay in order to depose him. II. LEGAL STANDARD If a party desiring to take the deposition of an expert witness deems that the hourly or daily fee of that expert is unreasonable...

Excerpt: ...efendant General Motors LLC (“Defendant”) asserting claims based on fraudulent concealment and violations of the Song-Beverly Act. Plaintiff alleges that he purchased a 2019 GMC Sierra (“Subject Vehicle”) on June 8, 2019, which included an eight-speed automatic transmission. Plaintiff alleges that Defendant's new eight-speed automatic transmissions had a “design defect based on a typical architecture that causes ‘harsh shifts' in lowe...

Excerpt: ...nst defendant SR Hospitality Group LLC (“Defendant”). Plaintiff alleges that on April 6, 2023, she stayed at a franchised Motel 6 owned and operated by Defendant. (Compl., ¶ 16.) On the morning of April 7, 2023, she awoke at 5 a.m. to excruciating pain on her left foot and bedbug bites. (Compl.,¶ 18.) She alleges that she informed “Defendants' agents” the front desk that she had been bitten by a bedbug and requested a new room but the a...