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: ...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: ...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: ...��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: ...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: ...“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 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: ...“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: ...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: ...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: .... ("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: ... 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: ...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: ... ("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: ... 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: ...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: ...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: ...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: ...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: ... 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...