Excerpt: ... (“Sprouts”) and George Mares (“Mares”) for violations of the Fair Employment and Housing Act (“FEHA”) and Labor Code, including hostile work environment, quid pro quo sexual harassment, retaliation, gender discrimination, and failure to prevent discrimination, harassment, and retaliation. On June 30, 2023, Sprouts filed its answer. On September 6, 2023, Sprouts filed this motion for an order compelling Plaintiff to arbitrate her clai...

Excerpt: ...“Defendant” or “Lender”) demurs to the First Amended Complaint (“FAC”) filed by plaintiff Paseo Pasadena Hotel Investment, LLC (“Plaintiff” or “Tenant”). Plaintiff asserts causes of action against Defendant for civil conspiracy (Third Cause of Action) and intentional interference with prospective economic advantage, or in the alternative, negligent interference with prospective economic advantage (Fourth Cause of Action). Defe...

Excerpt: ...hildhood sexual assault. Plaintiff alleges that defendant Jacinto Godinez (“Godinez”) committed acts of sexual assault against her while she was a minor and member of the church and church-related programs operated by defendants North American Division of Seventh-day Adventists (“NAD”), Southern California Conference of Seventh-Day Adventists (“Conference”), All Nations Seventh-Day Adventist Church (“All Nations Church”) (collecti...

Excerpt: ... plaintiff Catherine Amores Castillo (“Plaintiff”) filed this action against defendants Nissan North America, Inc. (“Defendant”) and Wish Automotive III, Inc. dba Nissan of Alhambra (“Nissan of Alhambra”). Plaintiff asserts causes of action against Defendant for violation of the Song-Beverly Act and fraudulent inducement relating to an allegedly defective emergency braking system for a 2020 Nissan Pathfinder purchased on March 24, 202...

Excerpt: ...ee Zhang (“Defendant”) arising from a motor vehicle collision that occurred on February 25, 2022. On August 25, 2023, Defendant filed this motion seeking leave of court to conduct a second physical examination and a mental examination. On September 8, 2023, Plaintiff filed an opposition. On September 14, 2023, Defendant filed a reply brief. Physical Examination by Dr. Paul Kaloostian In any case in which a plaintiff is seeking recovery for pe...

Excerpt: ...orizon”) for breach of contract relating to a single-family residence located at 37 Twiggs in Irvine, California (the “Subject Property”). Yip alleges that Eastern Horizon has refused to sell the Subject Property to her at an agreed-upon price. On August 9, 2022, Eastern Horizon filed a cross-complaint relating to the Subject Property against Yip and Home Surface, Inc. dba Spectrum Realty (“Spectrum”) for breach of a lease agreement and...

Excerpt: ...nts Ace Hardware Corporation and The Grommet (collectively, “Defendants”) filed this motion for an order compelling plaintiff Martina Silas (“Plaintiff”) to produce the active noise-cancelling ear plugs (the “Subject Product”) that are the subject of this litigation. On April 22, 2022, Defendants demanded to inspect the Subject Product as part of its Request for Production of Documents (the “First Demand”). (Diaz Decl., Ex. A.) Pl...

Excerpt: ...ts HumanGood and Steven Gowan (“Gowan”) (collectively, “Defendants”). On May 8, 2023, the Court sustained Defendants' demurer with leave to amend. On May 18, 2023, Plaintiff filed a First Amended Complaint (“FAC”). Plaintiff alleges he was employed by HumanGood as an IT Help Desk Analyst from October 2017 to November 2, 2020, and that Gowan was his direct supervisor. (FAC, ¶ 13.) Plaintiff alleges he was forced to resign from his pos...

Excerpt: ...“Kasprzak”) filed this petition for a writ of mandate directing respondent Pasaca Capital, Inc. (“PCI”) to allow the inspection of accounting, records, and minutes pursuant to California Corporations Code section 1601 et seq. As stated in the Petition and its attached exhibits, on May 24, 2023, Kasprzak served a demand to inspect PCI's books and records. The demand stated: We write to formally request access to certain books and records o...

Excerpt: ...��Property”), and located on the shopping center commonly known as 280 East Colorado Blvd., Pasadena, California (the “Shopping Center”). Plaintiff Onni Paseo LLC (“Onni Paseo”) alleges that defendant Paseo Pasadena Hotel Investment, LLC (“Tenant”) is improperly in possession of the premises. On August 31, 2023, Onni Paseo filed this motion for summary judgment. II. LEGAL STANDARD A “motion for summary judgment shall be granted if...

Excerpt: ...laintiff”), seeks a writ of possession against Defendant Marcos Aguilar, individually and dba A&B Auto Body Repair (“Defendant”) over the following property: a 2018 Mercedes with VIN No. WDDZH8KBXJA372346. (the “Property”). On September 13, 2023, Defendant filed an opposition brief and request for judicial notice. Allegations in the Complaint The Complaint alleges causes of action for claim and delivery, violations of Civil Code §§ 30...

Excerpt: ...ff's employment with Defendants. Plaintiff alleges 17 causes of action for discrimination, failure to accommodate, harassment, retaliation, and other employment-related claims. On May 20, 2021, the Hon. Kristin S. Escalante granted Defendant's motion to compel this matter to arbitration based on the plaintiff's stipulation to withdraw its opposition to the motion. (Stip. and Ord. 5/20/21.) II. ARGUMENTS Plaintiff now moves to vacate Judge Escalan...

Excerpt: ...nd Deanne Bilemjian (collectively, “Plaintiffs”) filed this action asserting claims for breach of insurance contract, bad faith breach of implied covenant of good faith and 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. Plaintiffs allege that their parents, now deceased, purchased a life ins...

Excerpt: ...surance Exchange (“FIE”) a/s/o Firstman filed this action against defendants Noritz America Corporation (“Noritz”), ADCO International Plastics Corporation (“ADCO”), and PWC Enterprises, Inc. dba Southeastern Filtration & Equipment (“PWC”), for strict products liability and negligence relating to home improvement products and water filtration systems and component parts. (Compl., ¶¶ 3, 7, 11.) Plaintiff alleges that on August 24...

Excerpt: ...Center (“City of Hope”), Sam Vu (“Vu”), and FlexCare Medical Staffing (“FlexCare”). Plaintiff asserts four causes of action for negligent hiring, retention, and supervision, negligence, sexual battery, and elder abuse. Judgment was entered in favor of City of Hope on February 10, 2023, leaving Vu and FlexCare as the remaining defendants. On February 14, 2023, the Court granted FlexCare's motion for summary adjudication as to Plaintiff...

Excerpt: ..., Inc. (“Plaintiff”) filed this action against Gina Fanara (“Fanara”), Kevin Tang (“Tang”), and Dilys Jones (“Jones”), as Trustee of the Louis C. Petrie Separate Property Trust (“LP Trust”) (erroneously sued as “Louis Petrie Separate Property Trust”). In its original complaint, Plaintiff asserted claims for: (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) intentional interference with...

Excerpt: ... Form Interrogatories (Set One), Requests for Documents and Other Tangible Things (Set One), and Requests for Admission (Set One) on defendant Minh Le Nguyen (“Defendant”). Having received no responses, Plaintiff proceeded to file these motions compelling Defendant to provide verified responses without objections and to have the requests for admission deemed admitted. Plaintiff also requests monetary sanctions. On July 12, 2023, the Court con...

Excerpt: ...endant Wells Fargo Bank, N.A. asserting a cause of action for general negligence. Plaintiff alleges that on March 21, 2022, his insurance carrier, State Farm Mutual Automobile Insurance Company (“State Farm”) issued and overnighted a comprehensive coverage payment for $30,743.31 for the total loss of a 1996 Porsche. Plaintiff never received the check and requested assistance from State Farm. On August 15, 2022, Plaintiff received an email fro...

Excerpt: ...ent, LLC (“Plaintiff”) filed this action against defendants Onni Capital LLC (“Onni Capital”) and Granite Point Mortgage Trust Inc. On April 10, 2023, Plaintiff filed a first amended complaint (“FAC”) naming Onni Capital, Onni Paseo, LLC (“Onni Paseo”), and GP Commercial Investment Corp. (“GP Commercial”). Plaintiff asserts causes of action for: (1) breach of contract, (2) breach of the implied warranty of good faith and fair ...

Excerpt: ...Reyna Arnold (“Plaintiff”), a minor, by and through her guardian ad litem, Kimberly Arnold, filed this action against defendant Ford Motor Company (“Ford”) on November 25, 2020, regarding an automobile accident. which resulted in the death of her father, Kavin Arnold. Ford moves for an order sealing the settlement amount, including any documents or filings that contain the settlement amount such as a petition to approve minor's compromise...

Excerpt: ... (LASC Case No. 22STCV08942, hereinafter referred to as the “John Doe Action”), for all purposes, including trial. All three plaintiffs (collectively, “Plaintiffs”) allege that they were sexually assaulted by their teacher, Charles Leyba (“Leyba”) while they were students at Park Elementary School. The three plaintiffs assert identical causes of action for sexual battery and sexual assault against Leyba and against defendant Alhambra ...

Excerpt: ...RODUCTION On June 8, 2022, plaintiff Bradley Ranch Co-Owners LLC (“Plaintiff” or “LLC”) filed this action against defendants Christy Snyder Bradley (“Christy”), Ann Hyatt Logan (“Logan”), and Philip M. Symanski (“Symanski”). Plaintiff asserts causes of action against Christy for conversion, constructive fraud, breach of fiduciary duty, violation of Penal Code section 496, unjust enrichment, money had and received, constructive...

Excerpt: ...was filed on February 27, 2023. It asserts claims for dependent adult abuse/neglect, negligence, and wrongful death. The action was filed by plaintiffs Rose Lee Chun Huang (“Rose”), individually and as successor in interest to David Huang (“David”) and guardian ad litem for co-plaintiff Evelyn Huang (“Evelyn”), and Michael Huang (“Michael”). The complaint names Aurora Las Encinas LLC (“ALE”), Signature Healthcare Services, LLC...

Excerpt: ...defendant County of Los Angeles (“Defendant”). On April 18, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”). On June 22, 2023, Defendant filed this demurrer to the FAC. Plaintiff filed an opposition brief on August 2, 2023. Defendant filed a reply brief on August 9, 2023. II. LEGAL STANDARDS A demurrer tests the legal sufficiency of the pleadings and will be sustained only where the pleading is defective on its face. (...

Excerpt: ...s Christy Snyder Bradley ("Defendant"), Ann Hyatt Logan ("Logan") and Philip M. Szymanski on June 8, 2022. Plaintiff alleges that Defendant was its sole manager and was authorized to sell its primary asset of 120 acres of farmland for $3.15 million. (Compl., '1 1.) The net sale proceeds were deposited into Plaintiffs bank account and after the sale, Defendant allegedly embezzled those proceeds plus an additional $53,681.65, for a total of $3.11 m...

Excerpt: ... Volkswagen Group of America, Inc. to provide further responses to Request for Production of Documents (“RFP”), Set No. One, Nos. 16, 19, and 21. II. DISCUSSION A. Discovery Requests at Issue RFP No. 16 Plaintiff seeks all documents relating to any internal analysis or investigation regarding the alleged brake system defect (“Brake System Defect”) in vehicles of the same year, make, and model as Plaintiff's vehicle (the “Subject Vehicle...

Excerpt: ...f Catherine Amores Castillo (“Plaintiff”) filed this action against defendants Nissan North America, Inc. (“Defendant”) and Wish Automotive III, Inc. dba Nissan of Alhambra (“Nissan of Alhambra”). Plaintiff asserts causes of action against Defendant for violation of the Song-Beverly Act and fraudulent inducement relating to an allegedly defective emergency braking system for a 2020 Nissan Pathfinder purchased on March 24, 2021 (the �...

Excerpt: ...on against defendant Sunbelt Rentals, Inc. (“Sunbelt”) asserting causes of action for negligence and products liability. Plaintiff alleges that he was injured on October 13, 2020, while working as an apprentice iron worker at a Glendale High School jobsite (“Jobsite”) for Junior Steel Co. (“Junior Steel”). Plaintiff alleges that Sunbelt agreed to provide Junior Steel certain equipment, including a JLG/Skytrak 10054 telehandler, jibs, ...

Excerpt: ...e in Arcadia, California (“Whispering Pines Property”). Default was entered against defendant Jiangqian Gu (“Defendant”) on October 4, 2022. A clerk's judgment for possession was granted on October 11, 2022. The Court granted Defendant's motion to set aside the default judgment and entry of default on June 16, 2023, after Defendant argued that the default was entered due to his “surprise” because his identity was stolen by a business ...

Excerpt: ... on March 20, 2023 asserting causes of action for (1) breach of contract – settlement agreement, (2) breach of contract – grant of easement, (3) nuisance, (4) trespass, (5) quiet title, and (6) injunctive relief. The named defendants are: Jade Plaza, LLC (“Jade Plaza”), Alice Wong (“Ms. Wong”), CCO Socal I, LLC (“CCO Socal”), The Pacific Telephone and Telegraph Company, and the City of Monterey Park. The latter two parties have be...

Excerpt: ...this action against defendant, Nissan North America, Inc. (“Defendant”). Plaintiff alleges that Defendant issued a warranty in connection with his purchase of a new 2022 Nissan Altima. Plaintiff's vehicle subsequently developed defects and Defendant allegedly failed to comply with its obligations to repair or replace it. Plaintiff asserts claims for breach of express and implied warranty under the Song-Beverly Consumer Warranty Act (“SBA”...

Excerpt: ...Catherine Amores Castillo (“Plaintiff”) filed this action against defendants Nissan North America, Inc. (“Defendant”) and Wish Automotive III, Inc. dba Nissan of Alhambra (“Nissan of Alhambra”). Plaintiff asserts causes of action against Defendant for violation of the Song-Beverly Act and fraudulent inducement relating to an allegedly defective emergency braking system for a 2020 Nissan Pathfinder purchased on March 24, 2021 (the “V...

Excerpt: ...tion against defendant, Nissan North America, Inc. (“Defendant”). Plaintiff alleges that Defendant issued a warranty in connection with his purchase of a new 2022 Nissan Altima. Plaintiff's vehicle subsequently developed defects and Defendant allegedly failed to comply with its obligations to repair or replace it. Plaintiff asserts claims for breach of express and implied warranty under the Song-Beverly Consumer Warranty Act (“SBA”), inte...

Excerpt: ...filed this action on May 22, 2020 alleging that defendant Dedicato Treatment Center, Inc. (“Defendant”), a residential alcohol and drug addiction rehabilitation facility, abandoned her at Las Encinas Hospital without her consent instead of providing care as promised. Plaintiff further alleges that she paid Defendant $15,000, which Defendant refused to refund. On July 8, 2020, Defendant filed a cross-claim against Plaintiff's attorney, Michael...

Excerpt: ...ollectively, “Defendants”) move to strike plaintiff Jialu Fan's (“Plaintiff”) prayer for punitive damages in this wage-and-hour lawsuit. Defendants also move to strike Plaintiff's prayer for “loss of earning capacity, employment benefits or loss of employment advancement opportunities.” The motion is unopposed. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any ...

Excerpt: ...endants Sharon Wei (“Wei”), Yi Zhang Zhou (“Defendant”), 161 Alice St. Arcadia LLC (“161 Alice LLC”), and 9416 Broadway LLC on February 22, 2023, 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 that on or about March 14, 2012, he executed a limited power of attorney authorizing Wei to act o...

Excerpt: ...urance Company (“Primerica”) filed a complaint-in-interpleader naming Perla Ragos Joyce (“Perla”) and Latoya Joyce (“Latoya”) as defendants-in-interpleader (Perla and Latoya are referred to by their first names only to avoid confusion). Primerica alleges that in or about July 2012, it issued a term life insurance policy, Policy Number 0489317355, (“Policy”) to Jimmie Ishan Joyce (“Jimmie”). The Policy provided for a payment of...

Excerpt: ... Pasadena, California (the “Property”). The Property is allegedly held equally as joint tenants by Plaintiff and defendant Qinpei Li (“Defendant”). Plaintiff alleges Defendant, who is the tenant-in-possession, refuses to voluntarily sell the Property or buy out his interest in the Property. On April 18, 2023, Plaintiff filed a motion for summary judgment. The motion is unopposed. II. LEGAL STANDARD Code of Civil Procedure section 437c(c) ...

Excerpt: ...First Amended Complaint I. INTRODUCTION On May 25, 2021, plaintiff Ivan Cervantes (“Plaintiff”) filed this action against defendant Sunbelt Rentals, Inc. (“Sunbelt”). Plaintiff alleges that he was injured on October 13, 2020, while working as an apprentice iron worker at a Glendale High School jobsite for Junior Steel Co. (“Junior Steel”). Sunbelt agreed to provide Junior Steel certain equipment, including telehandlers and jibs, for t...

Excerpt: ...ion against defendant ¿Nissan North America, Inc.¿ (“Defendant”) asserting various violations of the Song-Beverly Consumer Warranty Act (“SBA”). ¿Defendant¿ seeks an order compelling arbitration of Plaintiffs' complaint and staying any further proceedings during the pendency of that arbitration. The motion is opposed. On April 11, 2023, the Court continued this matter to allow the parties to provide supplemental briefing on the effect...

Excerpt: ...fendant Aldi Inc. (“Defendant”) (erroneously named as “Aldi Supermarket Company”) for premises liability and general negligence arising from a slip and fall that occurred on January 5, 2021. Plaintiff alleges that she was shopping and walking through the produce department when she violently slipped and fell on a wet and slippery floor. (Compl., ¶ 8.) On April 7, 2023, Defendant filed an answer. On April 28, 2023, Plaintiff filed this de...

Excerpt: ...Rui Jin (“Defendant”). Plaintiffs allege that on or about January 8, 2016, they agreed to transfer certain shares of Shanya Mengyue Cultural Communications Co., Ltd. to Defendant in exchange for 42 million renminbi. (Compl., ¶ 6.) Defendant made the first payment of 10 million RMB under the agreement and received the shares from Plaintiffs, but allegedly failed to make any other payments as required. (Compl., ¶¶ 7-8.) The agreement is atta...

Excerpt: ...against defendant Nissan North America, Inc. (“Defendant”) asserting claims for violations of the Song-Beverly Consumer Warranty Act (“SBA”) arising from their purchase of a 2021 Nissan Altima. (Compl., ¶ 8.) On April 10, 2023, Defendant filed a motion to compel arbitration. Plaintiffs filed an opposition brief and request for judicial notice on June 28, 2023. Defendant filed a reply brief on July 6, 2023. II. REQUEST FOR JUDICIAL NOTICE...

Excerpt: ... (“WFG”) filed this interpleader action related to funds withheld at the closing of the sale of certain real property located at 4842 Doreen Avenue in Temple City (the “Property”). (Compl., ¶ 7.) WFG alleges that it faces competing claims for the funds from Brian Armstrong (“Brian”), Maria Armstrong (“Maria”), and Robert Holmes (“Holmes”). Therefore, on May 2, 2023, WFG filed this motion for order of discharge and for an awar...

Excerpt: ...m Interrogatories (Set One), Requests for Documents and Other Tangible Things (Set One), and Requests for Admission (Set One) on defendant Minh Le Nguyen (“Defendant”). Having received no responses, Plaintiff proceeded on May 2, 2023, to file Plaintiff's Notice of Motion and Motion to Compel Defendant Minh Le Nguyen's Verified Responses to Form Interrogatories, Set No. 1 and Request for Reasonable Sanctions, Plaintiff's Notice of Motion and M...

Excerpt: ...ling plaintiff Samantha McNeilly (“Plaintiff”) to produce: (1) a previously executed authorization to obtain her medical and billing records from San Rafael Hospital in Costa Rica (“San Rafael”) and (2) documents supporting her loss of earnings claim. Defendant also moves for leave to take a second deposition of Plaintiff and for monetary sanctions in the amount of $5,610 on Plaintiff and/or Plaintiff's counsel of record. Defendant's moti...

Excerpt: ...ive First Amended Complaint (“FAC”) on March 9, 2022. Plaintiff alleges that defendants Shunjun Zhang (“Zhang”), Huiyi Xie (“Xie”), and Queena Wei (“Wei”), acting as managers and owners of Meiju Group, LLC (“Meiju Group”), falsely claimed that they could assist Plaintiff with obtaining employment with Good Fortune Supermarket as a manager or officer for purposes of an immigration petition. (FAC, ¶¶ 10- 12.) Plaintiff alleges...

Excerpt: ...��Plaintiff”) filed this complaint against defendant East Coast Foods, Inc. dba Roscoe's House of Chicken & Waffles (“Defendant”) for unlawful detainer for non-payment of rent. Plaintiff alleges that Defendant agreed to lease the premises at 830 N. Lake Avenue, Pasadena, California (the “Premises”) and entered into an agreement on or about June 1, 2014, with Plaintiff's predecessors in interest (“Lease”). (Compl., ¶ 6.) The Lease w...

Excerpt: ...f Stephen Lu's (“Plaintiff”) First Amended Complaint. Defendant now moves for an award of mandatory attorneys' fees and costs against Plaintiff in the amount of $19,295.60 pursuant to Code of Civil Procedure section 425.16(c)(1). Under Code of Civil Procedure section 425.16(c), “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs.” Defendant previously filed – and prevai...

Excerpt: ...ntered again defendant Jiangqian Gu (“Defendant”) on October 4, 2022. A clerk's judgment for possession was granted on October 11, 2022. On April 3, 2023, Defendant filed an ex parte application to vacate the default based on mistaken identity. The ex parte application was denied and Defendant was instructed to bring a noticed motion. Defendant filed this noticed motion on April 17, 2023 based on the discretionary provision of Code of Civil P...

Excerpt: ...from the memorandum of costs filed by defendant Jaydon Douglass Paull (“Defendant”) on March 23, 2023: - Item 2 for $150 in jury fees, - Item 4 for $2235.70 in deposition costs, - Item 10 for $1,000 in attorney's fees, and - Item 12 for $3,141.84 for models, enlargements and photocopies of exhibits. On May 9, 2023, Defendant filed an opposition brief and supporting declaration from defense counsel. No reply brief is on file. II. LEGAL STANDAR...

Excerpt: ...“Plaintiff”), a mentally incapacitated individual with a severe developmental disorder, and his sister, Maria Santos. Ms. Santos was initially appointed as Plaintiff's guardian ad litem but, according to Plaintiff's counsel, Jonathan E. Howell, has stopped cooperating and is preventing the parties from finalizing a settlement. Mr. Howell has submitted multiple declarations to the Court describing his attempts to obtain Ms. Santos's cooperatio...

Excerpt: ...this motion and an affidavit for an order to show cause for contempt. Plaintiff requests an order to show cause: (1) why counsel for defendant The Grommet (“Defendant”), Ricardo E. Diaz, should not be held in contempt for disobeying an order to further meet and confer regarding discovery issues (the “November 4 Order”) and (2) why Defendant and Mr. Diaz should not both be held in contempt for disobeying the Court's March 14, 2023, order t...

Excerpt: ... this litigation until he received Plaintiff's request for entry of default in the mail. This motion is made under Code of Civil Procedure sections 473(b) and 473.5(a). On June 1, 2023, Plaintiff filed an opposition brief. No reply brief is on file with the Court. II. LEGAL STANDARD Code of Civil Procedure § 473(b) Defendant moves to set aside this default based on the discretionary provision of section 473(b). Under this section, the court may,...

Excerpt: ...rokh, D.D.S. and Heydar Shahrokh, D.D.S., Inc. dba Comfort Dental Center (collectively, “Defendants”) move for an order compelling Plaintiff Rosevianney C. Ogumsi (“Plaintiff”) to appear and testify at an oral deposition. Defendants also request the Court impose monetary sanctions. Plaintiff is currently self-represented. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any pa...

Excerpt: ... negligent supervision and retention, sexual harassment, and sexual battery. On November 18, 2021, Plaintiff filed the First Amended Complaint naming Alhambra Unified School District (“District”) and Charles Leyba (“Leyba”) as Does 1 and 2, respectively. Plaintiff alleges that he and at least two other students are victims of sexual battery, assault, abuse, and harassment by Leyba, a former District employee and teacher. (FAC, ¶ 1.) On N...

Excerpt: ...nt”) asserting causes of action for motor vehicle negligence and intentional tort. Plaintiff also requests punitive damages. Plaintiff alleges that on November 12, 2021, while he was a pedestrian, he was hit by Defendant's motor vehicle and Defendant fled the scene without exchanging information. (Compl., MV-1, IT-1.) Plaintiff alleges that by fleeing the scene, Plaintiff had to “go to the trouble and expense of locating the driver, believed ...

Excerpt: ... negligent supervision and retention, sexual harassment, and sexual battery. On November 18, 2021, Plaintiff filed the First Amended Complaint naming Alhambra Unified School District (“District”) and Charles Leyba (“Leyba”) as Does 1 and 2, respectively. Plaintiff alleges that he and at least two other students are victims of sexual battery, assault, abuse, and harassment by Leyba, a former District employee and teacher. (FAC, ¶ 1.) On N...

Excerpt: ...”), the Pasadena Police Department (“the Police Department” or “the Department”), Steven Mermell, in his official capacity as City Manager (“Mermell”), and Michelle Perera, in her official capacity as Director of Library and Information Services (“Perera”). After the Court granted in part the motion for judgment on the pleadings filed by the City, the Department, Mermell, and Perera (collectively, “Defendants”), Plaintiff fi...

Excerpt: ...s a victim of childhood sexual assault and asserts causes of action for negligent hiring, supervision, and retention, negligent supervision of a minor, failure to report suspected child abuse, and negligence. On March 6, 2023, the Court signed an order granting Plaintiff's ex parte application and permitting Plaintiff to serve the summons and complaint pursuant to CCP 340.1(i) (the “March 6 Order”). The March 6 Order also sealed the certifica...

Excerpt: ...“Michael”) regarding real property at 3603 Vane Avenue, Rosemead, California 91770 (the “Property”). Lyco 1 is comprised of Randy Cheng (“Randy”) and Alice Liu, who are husband and wife; Michael and Randy are brothers. (As many of the parties in this action share the same last name, the Court refers to them by their first names for clarity and intends no disrespect.) Lyco 1 alleges that it has demanded Michael reimburse half of the ex...

Excerpt: ...Pasadena, California (the “Property”) for six years and claims adverse possession of the Property. On February 16, 2023, Claimant filed a notice of pendency of action (“lis pendens”). Claimant also named The Legacy Trust and Deutsche Bank National Trust Co., Trustee of WAMY Trust as Does 1 and 2. On May 11, 2023, specially appearing defendant Breckenridge Property Fund 2016, LLC (“Defendant”) filed this motion to expunge the lis pende...

Excerpt: ...o (collectively, “Plaintiffs”) filed this lemon law and fraud action against defendant General Motors LLC (“Defendant”). Plaintiffs filed the operative First Amended Complaint (“FAC”) on January 19, 2023. On March 20, 2023, Defendant filed this demurrer and motion to strike. Defendant demurs to the fourth cause of action for fraudulent concealment on the grounds that it “fails to state facts relevant to the elements of the claim” ...

Excerpt: ...ers (erroneously sued as "One Heart Caregivers" 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 unfit employee, and sexual harassment. On April 4, 2023, Plaintiff filed a proof of personal service reflecting personal service on Borromeo on April 1, 2023, at 8:00 a.m...

Excerpt: ... on April 14, 2020, by plaintiffs Marlen Tchakerian, Raffi Tchakerian, and Tania Avakian (collectively, "Plaintiffs") as heirs to Antranik Tchakerian ("Decedent"). Plaintiffs originally named Heartbeat Cardiovascular Medical Group ("HCMG"), Onkarjit S. Marwah, M.D. ("Dr. Marwah"), Hambik Tankazyan, D.O. ("Dr. Tankazyan"), Abiomed, Inc. ("Abiomed", erroneously sued as "Abiomed Corporation Inc."), and Dignity Community Care dba Glendale Memorial Ho...

Excerpt: .... ("Plaintiff') filed this action on April 2, 2021, against defendant Ruby Fashion, Inc. ("Defendant") to recover a debt in the sum of On July 13, 2021, Defendant filed an answer. On April 14, 2023, Defendant filed a motion for an order compelling third-party Barco Uniforms, Inc. ("Barco") to comply with a business records subpoena issued on February 23, 2023. On May 3, 2023, Defendant filed a motion for leave to file a cross- complaint against P...

Excerpt: ...e Court's ruling on February 1 , 2023, which granted defendant Nissan North America, Inc.'s ("Defendant") motion to compel arbitration (the "February 1 Order"). Plaintiff argues that the ruling in Ford Motor Warranty Cases (2023) 89 Cal.App.5th 1324 Ochoa), published on April 4, 2023, by the Second Appellate District of the Court of Appeal, constitutes "new law/' warranting reconsideration of the Court's February 1 Order, which relied primarily o...

Excerpt: ...sy.D ("Dr. Farinha") to comply with a subpoena issued on January 6, 2023 (the "Subpoena"). The Subpoena requests Plaintiff Linda Jean Pawlik's ("Plaintiff') medical and billing records from January 1, 2008, to the present. Neither Plaintiff nor Dr. Farinha served objections or filed an opposition brief. Confidential communications between psychotherapist and patient during the professional relationship are privileged. (Evid. Code, S 1010 et seq.)...

Excerpt: ... solutions" to members of the Los Angeles County Professional Peace Officers Association ("PPOA"). (Compl., 8-10.) ERB alleges that defendant Atlas Voluntary Benefits Financial & Insurance Solutions, Inc. ("Atlas"), an insurance agency founded by co-defendant Marisol Flores ("Flores"), is engaging in unlawful competitive actions by making defamatory statements to ERB clients, propagating a misinformation campaign against ERB, and coaching current...

Excerpt: ...ns of the Labor Code, including minimum wage violations, overtime violations, wage statement violations, meal and rest period violations, failure to reimburse, failure to timely pay wages, and failure to pay wages upon separation. This action is an individual wage and hour case as well as a case brought under the Labor Code's Private Attorneys General Act ("PAGA"). On April 21, 2023, Defendant filed this motion for an order "approving the settlem...

Excerpt: ...f filed the operative First Amended Complaint ("FAC"). Plaintiff alleges that he had a partnership with Defendant to operate a rental car business and asserts causes of action against Defendant for: (1) fraud, (2) constructive or actual termination of partnership agreement, (3) breach of fiduciary duty, (4) unfair competition, (5) unjust enrichment, (6) breach of partnership, (7) accounting, (8) promissory estoppel, (9) abuse of control, and (10)...

Excerpt: ...il Rights Act ("Unruh Act"). Plaintiff alleges she is a visually-impaired and legally blind person who requires reading software to read website content using a computer and was unable to access Defendant's website, w•vvrw.unice.com. (Compl., 7.) Plaintiff explicitly states that she does not base her claims on any physical or architectural barrier in any public place of accommodation. (Compl., '1 8.) On April 14, 2023, Plaintiff filed this moti...

Excerpt: ...nt against defendant East Coast Foods, Inc. dba Roscoe's House of Chicken & Waffles ("Defendant") for unlawful detainer for non-payment of rent. Plaintiff alleges that Defendant agreed to lease the premises at 830 N. Lake Avenue, Pasadena, California (the "Premises") and entered into an agreement on or about June 1, 2014, with Plaintiffs predecessors in interest ("Lease"). (Compl., II 6.) The Lease was scheduled to expire on June 30, 2019, with a...

Excerpt: ... for an order compelling plaintiff Blanca Dominguez ("Plaintiff) to arbitrate her claims for violations of the Song-Beverly Consumer Warranty Act ("SBA"), fraud, and negligent repair. Defendant argues that a valid arbitration agreement exists in the Retail Installment Sale Contract ("RISC") that Plaintiff entered into when she purchased her vehicle and that Defendant may enforce the arbitration agreement based on the doctrine of equitable estoppe...

Excerpt: ... ("Plaintiff') issued a subpoena ("Subpoena") to CitiBank, N.A. ("CitiBank") for the financial records of defendant Ann Logan ("Defendant"). Plaintiff alleges that Christy Snyder Bradley ("Bradley") was its sole manager and was authorized to sell its primary asset of 120 acres of farmland for $3.15 million. (Compl., II 1.) The net sale proceeds were deposited into Plaintiffs bank account and after the sale, Bradley allegedly embezzled those proce...

Excerpt: ...da, Baja California (the "Property"), from Defendant Jessica Belinda Rodriguez ("Defendant") for $400,000. (Compl., 2-3.) Defendant subsequently sold 1 hectare of the Property to a third party and is offering other parcels of the Property for sale to others. (Compl., '1 3.) Defendant now specially appears to quash the summons and complaint purportedly served on her by mail on March 8, 2023. Defendant argues that this Court lacks jurisdiction beca...

Excerpt: ...ed this motion to set aside the default judgment. Defendant argues that the default judgment should be set aside pursuant to CCP sections 473.5, 473(b) and 473(d), as well as the Court's equitable powers. Defendant claims it did not have actual knowledge of this Action in time to defend the action and its lack of actual knowledge was not caused by its avoidance of service or inexcusable neglect. Defendant also claims that the request for entry of...

Excerpt: ...LC ("Plaintiff') issued a subpoena ("Subpoena") to First Republic Bank for the financial records of defendant Ann Logan ("Defendant") from January 1, 2021, to the present. The Subpoena specifically requests all account agreements, beneficiary designations, documents signed by Defendant and signature cards, all account statements canceled checks, deposits, deposit slips, wire transfers to and from, wire transfer requests, withdrawals, and withdraw...

Excerpt: ... infliction of emotional distress against defendants The Arcadia Spine Center, Clarizio Chiropractic, Inc., Dr. Winston Shi ("Shi"), and Xu Shi Acupuncture ("Xu Shi"). Plaintiff filed the operative Second Amended Complaint on August 16, 2021 which removed the claim for negligent infliction of emotional distress, added claims for medical battery, false imprisonment, negligent supervision, hiring, and/or retention, and intentional infliction of emo...

Excerpt: ...efendants from "requesting any Special Meeting of the Shareholders Steps Academy, Inc. and/ or Special Meeting of the Board of Directors of Steps Academy, Inc." (Motion, p. i.) Plaintiff claims that defendants Janice Yen and Jenny Chan have previously attempted to call various meetings on behalf of Steps Academy, Inc. ("Steps Academy') for the purposes of consummating a merger transaction with Arroyo Pacific Academy ("Arroyo Pacific") and that th...

Excerpt: ...eave to file a first amended complaint ("FAC"). Plaintiffs' previously motion was denied on March 28, 2023, for procedural errors. Plaintiffs' proposed FAC includes a number of changes, including adding allegations that they have complied with a claims presentation requirement (FAC, Item 9) and changing the date of the alleged negligent acts and the date that defendant City of Pasadena ("City") and Spiniello Co. ("Spiniello") entered into a writt...

Excerpt: ... filed this action against defendant General Motors LLC ("Defendant") asserting claims for violation of the Song-Beverly Consumer Warranty Act and fraudulent concealment. On January 17, 2023, Plaintiffs filed the operative First Amended Complaint ("FAC") alleging that they purchased a 2020 GMC Sierra (the "Subject Vehicle") on October 22, 2020. (FAC, 4.) On March 20, 2023, Defendant filed this demurrer and motion to strike. Defendant demurs to Pl...

Excerpt: ...ainer action against defendants Qian Liu, Yang Liu, and all unknown occupants, tenants, and subtenants. Plaintiff alleges it is the legal owner of the real property located at 841 San Simeon Road in Arcadia, California (the "Subject Property") and obtained ownership of it at a non- judicial foreclosure sale that occurred on or about January 25, 2023. (Compl., 1, 9.) Qian Liu is allegedly the prior owner of the Subject Property. (Compl., On March ...

Excerpt: ...iff and Plaintiffs attorney, Anthony K. Chu ("Chu") in an earlier employment lawsuit against New Diamond Trucking Inc. ("New Diamond Trucking"). Plaintiffs employment lawsuit commenced on June 29, 2016 and later added New Diamond Trucking. (FAC, 24.) Chu is named as a plaintiff in this action because the judgment in the prior action, initially entered on October 30, 2019 and amended on March 10, 2020, awarded attorneys' fees that Chu is contractu...

Excerpt: ...s action against Natalie Clark, Freya Holdings LLC ("Freya Holdings"), RPAC Holdings LLC ("RPAC Holdings"), and 41 limited liability companies; Helix asserts 25 causes of action. The operative First Amended Complaint ("FAC") was filed on July 1, 2021. In brief summary, Helix began its e-commerce business in 2018 to provide individuals with an opportunity to earn passive income by using a "sample structure" to sell health supplements. (FAC, '1 74....

Excerpt: ... Li ("Defendant") and his various aliases. Plaintiffs' first amended complaint, filed on February 16, 2022, asserts causes of action for: (1) theft [Civil Code S 3344 & Penal Code S 496]; (2) theft [Penal Code SS 484 & 496]; (3) trade libel; (4) infringement of trade name; (5) fraud; (6) indemnification; (7) conversion; (8) civil conspiracy; (9) accounting; (10) unfair business practices; (11) declaratory relief; and (12) injunctive relief. Plain...

Excerpt: ...th and survival action was filed on July 1, 2022 by Danny A. Godoy, individually and as the successor-in-interest to his wife, Ana Xanthe Chirino Godoy's ("Decedent"). Plaintiff alleges that defendants Shane S. Pak, M.D., Sergio Y. Go, M.D., and Alhambra Hospital Medical Center (collectively, "Defendants") engaged in medical malpractice when Decedent underwent spine surgery on June 28, 2021. (Compl., 14-15.) Decedent allegedly lost over two liter...

Excerpt: ...ges he was employed by HumanGood as an IT Help Desk Analyst from October 2017 to November 2, 2020, and that Gowan was his direct supervisor. (Compl., 13.) Plaintiff alleges he was forced to resign from his position at HumanGood because of discrimination and harassment by Gowan. (Compl., '1 13.) Plaintiff asserts causes of action for: (1) age discrimination, (2) harassment based on age, (3) retaliation, (4) failure to prevent discrimination, haras...

Excerpt: ...ath and survival action was filed on July 1, 2022 by Danny A. Godoy, individually and as the successor-in-interest to his wife, Ana Xanthe Chirino Godoy's ("Decedent"). Plaintiff alleges that defendants Shane S. Pak, M.D., Sergio Y. Go, M.D., and Alhambra Hospital Medical Center (collectively, "Defendants") engaged in medical malpractice when Decedent underwent spine surgery on June 28, 2021. (Compl., 14-15.) Decedent allegedly lost over two lite...

Excerpt: ...ges he was employed by HumanGood as an IT Help Desk Analyst from October 2017 to November 2, 2020, and that Gowan was his direct supervisor. (Compl., 13.) Plaintiff alleges he was forced to resign from his position at HumanGood because of discrimination and harassment by Gowan. (Compl., '1 13.) Plaintiff asserts causes of action for: (1) age discrimination, (2) harassment based on age, (3) retaliation, (4) failure to prevent discrimination, haras...

Excerpt: ...h America, Inc. ("Defendant") for violations of the Song-Beverly Consumer Warranty Act ("SBA") and fraudulent concealment. Plaintiff alleges that on November 5, 2021, she purchased a 2020 Nissan Sentra (the "Vehicle") and that these causes of action arise out of Defendant's warranty and repair obligations and failure to disclose a defect with the Fomvard Emergency Braking ("FEB") system. On October 11, 2022, Defendant filed an Answer. On March 28...

Excerpt: ...ive First Amended Complaint on September 9, 2022, in which he alleges that Defendant has made misrepresentations to various city officials and a Los Angeles Superior Court judge. Plaintiff alleges that on or about June 15, 2020, he received a "notice to abate" from the County of Los Angeles's Department of Public Health after Defendant falsely reported that Plaintiffs residence is full of bugs and animal feces. (FAC., 6 7.) Defendant also made th...

Excerpt: ...ovikov, and Frank Perez (collectively, "Plaintiffs") against defendants Innovative Payment Solutions, Inc. ("IPSI") and William Corbett ("Corbett") (collectively, "Defendants"). The operative first amended complaint ("FAC") was filed on December 16, 2022 and asserts claims based on violations of various Labor Code sections, wrongful termination in violation of public policy, breach of contract, and breach of the covenant of good faith and fair de...

Excerpt: ...t General Motors LLC ("Defendant") moves to strike Plaintiffs request for punitive damages from Plaintiffs prayer for relief. The motion is unopposed. LEGAL STANDARD Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Præ., S 435 subd., (b)(l).) The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike an...

Excerpt: ...Citf) and Does 1 to 10 for breach of contract, fraud, and unjust enrichment. On November 15, 2022, the Honorable Colin Leis sustained City's demurrer to the breach of contract and fraud claims with leave to amend and sustained City's demurrer to the unjust enrichment claim without leave to amend. Plaintiff filed the operative First Amended Complaint ("FAC") on December 14, 2022. The FAC added several defendants including Mark McAvoy ("McAvoy"), F...

Excerpt: ...nst defendants Lakeview Cheese Co LLC ("Lakeview") and David Chu ("Chu") (collectively, "Defendants"). Plaintiff alleges that on April 27 , 2018, Chu negligently operated a motor vehicle while in the course and scope of his employment with Lakeview and caused injury and damages to Anthony Soza ("Soza"), who was acting in his course and scope of employment with Harry's Glass Shop, Inc. ("Harry's Glass Shop"). Plaintiff provides workers' compensati...

Excerpt: ...action against defendant Qiao Liu ("Liu") dba Noodle Bistro involving the real property located at 9461 Las Tunas Drive, Las Tunas, California, 91780. On October 17, 2022, Xiaoli Harris ("Harris") dba Noodle Bistro filed a prejudgment claim of right to possession. On October 24, 2022, Harris filed an answer asserting specific denials of paragraphs 3-6, 11 13 and 15 of the complaint and asserting several affirmative defenses. On February 3, 2023, ...

Excerpt: ...RST AMENDED COMPLAINT AND MOTION TO STRIKE Dept. 3 8:30 a.m. April 25, 2023 On September 8, 2022, plaintiff Café on Lemon, Inc. ("Plaintiff') filed this action against Gina Fanara ("Fanara"), Kevin Tang ("Tang"), and Dilys Jones, as Trustee of the Louis C. Petrie Separate Property Trust ("LP Trust") (erroneously sued as "Louis Petrie Separate Property Trust") (collectively, "Defendants"). In its original complaint, Plaintiff asserted claims for:...

Excerpt: ...a Jean Pawlik (“Pawlik”) filed this action against Dedicato Treatment Center, Inc. (“Dedicato”) for negligence, intentional infliction of emotional distress, dependent adult abuse and neglect, breach of fiduciary duty, and rescission of void contract. Plaintiff alleges that she entered Defendant's alcohol treatment and residential facility on June 29, 2018, and was scheduled to be admitted to the facility pursuant to a contract after unde...

Excerpt: ...on for an order compelling defendant FCA US LLC (“Defendant”) to provide a further response to Request for Production No. 18. Plaintiffs also seek monetary sanctions against Defendant in the amount of $2,385 against Defendant and counsel of record, Ongaro P.C. RFP No. 18 seeks “[t]he operative Franchise Agreement . . . on the date of sale of [Plaintiffs' vehicle] between [Defendant] and the dealership that sold the vehicle to Plaintiff [sic...