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...

Excerpt: ...) arising from a motor vehicle collision that occurred on February 25, 2022. On March 7, 2023, Defendant filed an answer to Plaintiff's complaint. On March 10, 2023, Plaintiff filed this demurrer to Defendant's Answer. Plaintiff demurs to Defendant's First through Ninth Affirmative Defenses on the grounds that they fail to state sufficient facts and are uncertain, ambiguous, and/or unintelligible. Legal Standard An answer should contain any and a...

Excerpt: ... Motors LLC (“Defendant”) asserting three causes of action under the Song-Beverly Act (“SBA”) and one cause of action for fraudulent inducement. Plaintiff alleges that he purchased a 2019 Chevrolet Silverado on August 8, 2019, which had a defective transmission. (Compl., ¶ 4.) On March 6, 2023, Defendant filed this demurrer and motion to strike. Defendant argues that Plaintiff's fraud claim is barred by the statute of limitations, fails ...

Excerpt: ...e Brees Campbell, Studios at Walnut, LLC, and De Miranda Management (collectively, “Defendants”). On March 21, 2023, Defendants filed this motion for “evidentiary sanctions” relating to Plaintiff's lost earnings. No opposition brief is on file with the Court, but Defendants filed a reply brief on April 10, 2023, which referred to an opposition brief that was at least served. Based on the papers that have been filed, the Court DENIES the m...

Excerpt: ...ndants Janice Yen, Leslie Yen, Jenny Chan, Vivien Djeu, and Steps Academy, Inc. (“Steps”). Zhang is a minority shareholder of Steps, a closely held corporation that runs a private elementary school in Arcadia, California. Zhang alleges that she purchased a 29% ownership interest in Steps in 2015 and claims that ever since, her rights as a minority shareholder have oppressed. Z.D. alleges he sustained personal injuries and asserts causes of ac...

Excerpt: ...intiffs”) filed this action against defendants Volkswagen Group of America, Inc. (“Volkswagen Group of America”) and Volkswagen Alhambra (collectively, “Defendants”). On December 21, 2022, by stipulation of the parties, Plaintiffs filed the operative Second Amended Complaint (titled as the “First Amended Complaint” on the caption page). Plaintiffs assert causes of action for: (1) breach of express warranty obligations under the Song...

Excerpt: ...tion against defendant U.S. Bank National Association ("Defendant") (erroneously sued as "U.S. Bank, N.A."). On February 10, 2023, Plaintiff filed the operative First Amended Complaint ("FAC"). Plaintiff is suing for damages relating violations of the Homeowner Bill of Rights Act ("HBOR") and other statutes arising from a loan modification review and foreclosure proceedings relating to the real property located at 23540 Cherry Street, Newhall, CA...

Excerpt: ...gainst defendant Optimist Boys Home and Ranch, Inc. ("Defendant") (erroneously sued as "Optimist Boys' Home & Ranch") asserting causes of action for intentional tort and violation of the Crown Act, general negligence, and intentional infliction of emotional distress ("IIED"). Plaintiff alleges that Defendant engaged in improper conduct while providing childcare for her son by cutting his hair in accordance with a court order. Defendant demurs to ...

Excerpt: ...the Department of Transportation ("Defendant") (erroneously sued as "State of California") demur to the third cause of action for general negligence in the complaint filed by Plaintiff Irene Perez ("Plaintiff') on December 19, 2022. Plaintiff asserts causes of action for dangerous condition of public property and general negligence against Defendant arising from two slip-and-fall incidents on January 3, 2022, and January 7, 2022. The demurrer is ...

Excerpt: ... gender violence, retaliation, intentional and negligent infliction of emotional distress, negligent supervision and failure to warn, train, or educate, and wrongful termination. On January 12, 2023, Plaintiff filed the First Amended Complaint in which she named the following defendants: Genesis Health Care LLC, Sava Senior Care LLC, Sava Senior Care Administration Services, LLC, Kaiser Permanente m-a SSC Tarzana Operating Company LP dba Tarzana ...

Excerpt: ...January 20, 2023, Defendant Anil D. Mall ("Defendant") filed this motion to compel further responses without objections by plaintiff Corona Medical, Inc. dba Advanced Care Pharmacy ("Plaintiff') to Special Interrogatories (Set Two). The Court addresses at the outset whether this motion is timely. Notice of a motion for an order compelling a further response must be "given within 45 days of the service of the verified response, or on or before any...

Excerpt: ...ction against the City of Pasadena ("Cityé') and Spiniello Co. ("Spiniello") (collectively, "Defendants") alleging breach of contract and general negligence in connection with the installation and repair of a water main. On December 28, 2022, City filed a cross-complaint against Spiniello. On February 28, 2023, Plaintiffs filed this motion for leave to file a First Amended Complaint ("FAC"). LEGAL STANDARD The court may, in its discretion and af...

Excerpt: ...on against defendants Artisan Glass & Design ("Artisan Glass"), Renee Heston ("Heston") , Tom Garlock ("Garlock") , Angela Serranzana ("Serranzana"), and Hackler, Flynn & Associates, A.P.C. ("Hackler Flynn") alleging contractual fraud involving a purported settlement agreement in a wrongful termination action widing in Orange County Superior Court, captioned Rivas v. Artisan Glass and Design, lnc (Case No. 30-2021-01181131-CU-WT-CJC). On Septembe...

Excerpt: ... action against defendants Edward Lo ("Lo"), Chang Huan Hsueh, David Wan, Wilson Ngai, and Julian Fong (collectively, "Defendants") asserting claims for breach of fiduciary duty, slander, intentional infliction of emotional distress, harassment, and declaratory relief. On September 29, 2022, the Honorable Colin P. Leis granted in part Defendants' special motion to strike pursuant to CCP S 425.16. Judge Leis also sustained Defendants' demurrer to ...

Excerpt: ...u and Wang Medical Corporation (“Plaintiff”) filed this action against defendants Health Net of California (“Health Net”) and Centene Management Company LLC (“Centene”) (collectively, “Defendants”). Plaintiff asserts claims for breach of contract, open account, account stated, and service had and received. Plaintiff alleges that it provided medical services to Defendants' insureds but was not fully compensated as promised. Plainti...

Excerpt: ...his is an action to recover money for pharmaceutical serv-ices provided by plaintiff Corona Medical, Inc. ("Plaintiff') to Med Star Hospice Care, Inc. ("Med Star"). The action was originally filed on October 29, 2020 and named Med Star and Maria Cecilia Tran ("Tran") as defendants. Moving parties Anil Donald Mall ("Mall") and Silverlake Management LLC ("Silvelakes") were named as Doe 1 and Doe 2 in Plaintiffs Complaint on June 4, 2021. A First Am...

Excerpt: ...Plaintiffs") filed this action for violation of the Song-Beverly Consumer Warranty Act and fraudulent concealment against defendant American Honda Motor Co., Inc. ("Defendant"). Plaintiffs' fraud claim arises from the concealment of material facts at the time they purchased a used 2018 Honda Odyssey (the "Vehicle"). Specifically, Plaintiffs claim that Defendant concealed the existence and nature of a defect with the Vehicle's transmission (the "T...

Excerpt: ...na Wachel (collectively, "Plaintiffs") against defendants Ty Labbe ("Labbe") and Liza Gonzalez (collectively, "Defendants"). The operative Second Amended Complaint ("SAC") was filed on August 25, 2022, and asserts causes of action for malicious prosecution, abuse of process, negligence, intentional infliction of emotional distress, trespass to chattels, and defamation. The action arises from an incident on January 8, 2021 involving Plaintiffs' un...

Excerpt: ... in pro per, filed this action against defendant Optimist Boys Home and Ranch, Inc. (“Defendant”) (erroneously sued as Optimist Boys' Home & Ranch”) asserting causes of action for intentional tort and violation of the Crown Act, general negligence, and intentional infliction of emotional distress (“IIED”). Plaintiff alleges that Defendant engaged in improper conduct while providing childcare for her son by cutting his hair in accordance...

Excerpt: ...mited liability company pursuant to Corporations Code section 17701.01(b). Jaime alleged that they, along with respondent Thomas Smock (“Smock”), formed Tequisquiapan, LLC (“LLC”) on June 16, 2004, with each having 50% membership interest. The LLC operated a business known as the Four Seasons Tea Room located at 75 North Baldwin Avenue in Sierra Madre, California (the “Real Property”). The Real Property is a multi-use building with co...

Excerpt: ... plaintiff Universal Shopping Plaza (“Plaintiff”) filed this unlawful detainer action against defendant Vege Paradise Restaurant Inc. (“Defendant”) concerning the commercial real property located at 140 West Valley Blvd. #222, San Gabriel, California 91776 (“Premises”). A trial date is not yet set. Plaintiff seeks an order granting summary judgment on the unlawful detainer action or, in the alternative, summary adjudication of Defenda...

Excerpt: ... the parties. Plaintiffs Alan Chang Wah Tang and Hou Chung Man (collectively, “Plaintiffs”) are the trustees of the bankruptcy estate belonging to defendant Lee Siu Fung, Siegfried (“Defendant”). Defendant's surname is Lee and Siegfried is his adopted name. From June 2020 to February 2021, Defendant was ordered by the High Court of the Hong Kong Special Administrative Region Court of First Instance (the “Hong Kong High Court”) to pay ...

Excerpt: ...County of Los Angeles, and City of Pico Rivera, alleging (1) dangerous condition of public property, (2) vicarious liability for the wrongful acts or omissions by public entity employees, (3) premises liability, and (4) negligence. Plaintiff alleges that Defendants negligently maintained a sidewalk surface, causing Plaintiff injuries. On October 16, 2019, Plaintiff dismissed County of Los Angeles. On April 22, 2021, Plaintiff dismissed City of Lo...

Excerpt: ...d on December 13, 2018 by America Fuji Healthware Inc. (incorrectly styled on the Court's docket as “American Fuji”, hereinafter “America Fuji”) against Jade Plaza, LLC, Honeywell International Inc., United Technologies Corporation, and Carrier Corporation. The action arises from a fire that occurred on December 15, 2015 at 301 E. Garvey Avenue, Unit 301 in the attic of a restaurant. The fire then spread to the attics of the other units. ...

Excerpt: ...T Development, Inc. (“Defendant”). Plaintiff alleges that on or about August 10, 2019, Defendant operated a restaurant known as “Yunnan Restaurant” and prepared a meal for Plaintiff. Plaintiff claims that the food that was served contained a hard object like a stone. On April 21, 2021, Defendant filed a cross-complaint for indemnity, apportionment, and declaratory relief against Roes 1 through 50. On November 7, 2022, Defendant filed this...

Excerpt: ...”) and Wish Automotive III, Inc. dba Nissan of Alhambra (“Nissan of Alhambra”). Plaintiff asserts causes of action against NNA 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 “Vehicle”). Plaintiff asserts a cause of action for negligent repair against Nissan of Alhambra relating to the Vehicle. On Nov...

Excerpt: ...led this action against defendants Nissan North America, Inc. (“NNA”) and Martin Motors of El Monte, Inc. dba El Monte Nissan for (“El Monte Nissan”) (collectively, “Defendants”). Plaintiff alleges that on September 9, 2020, he purchased a new 2020 Nissan Kicks (the “Vehicle”) with a defective continuously variable transmission (“CVT”). Plaintiff asserts causes of action for violations of the Song-Beverly Act, intentional misr...

Excerpt: ...f”) filed this action against manufacturer defendant Nissan North America, Inc. (“NNA”) for: (1) violation of Song-Beverly Act and breach of express warranty, (2) fraudulent inducement and intentional misrepresentation, and (3) fraudulent concealment. On August 25, 2022, NNA filed an answer to Plaintiff's complaint. On October 18, 2022, NNA filed a declaration in support of a motion to compel arbitration and stay proceedings without a notic...

Excerpt: ...SPONSES TO SPECIAL INTERROGATORIES, SET ONE; (3) OVERRULING DEFENDANT'S OBJECTIONS; AND (4) SANCTIONS Dept. 3 8:30 a.m. February 17, 2023 I. INTRODUCTION On November 21, 2022, plaintiff GDCV PASADENA 201, LLC (“Plaintiff”) filed this action against defendant IRR VENTURES, LLC (“Defendant”). Trial is currently scheduled for March 20, 2023. Plaintiff seeks an order compelling Defendant to provide further answers to GDCV's Requests for Produ...

Excerpt: ...t. 3 8:30 a.m. February 17, 2023 I. INTRODUCTION On April 26, 2022, plaintiff Rosevianney C. Ogumsi (“Plaintiff”) filed this action against defendants Richard Dale Gentile, D.D.S., Heydar Hamid Shahrokh D.D.S., and Heydar Hamid Shahrokh D.D.S. Inc. dba Comfort Dental Center (erroneously sued as “Comfort Dental Center”) (collectively, “Defendant”). On September 26, 2022, Plaintiff filed the operative Second Amended Complaint, asserting...

Excerpt: ...dreas Hessing and Karen Bonfigli (collectively, “Plaintiffs”) filed this action against defendants Roberto Mercado and Rubina Mercado (collectively, “Defendant”), alleging the following causes of action: (1) trespass to real property; (2) private nuisance; (3) declaratory relief; (4) injunctive relief; and (5) negligence. On November 21, 2022, Defendants filed a cross-complaint against Plaintiffs alleging claims for trespass, invasion of ...

Excerpt: ... (collectively, “Plaintiffs”) filed this action against defendants Jessica Rose Moorehead and Nu Matics Athletics LLC (collectively, “Defendants”) arising from a dispute regarding the ownership and control of trademarks/service marks, social media, and financial and credit accounts. On February 25, 2021, Defendant Jessica Rose Moorehead (“Moorehead”) filed a cross-complaint against the Plaintiffs. On June 8, 2022, Plaintiffs filed a S...

Excerpt: ...OR MONETARY SANCTIONS (2) DEFENDANT HEYDAR SHAHROK, D.D.S.'S MOTION TO DEEM MATTERS IN REQUEST FOR ADMISSIONS, SET ONE, ADMITTED, AND REQUEST FOR MONETARY SANCTIONS Dept. 3 8:30 a.m. February 16, 2023 I. BACKGROUND On February 27, 2019, plaintiff Rosevianney C. Ogumsi (“Plaintiff”) filed this medical malpractice action. On September 26, 2022, Plaintiff filed the operative Second Amended Complaint (“SAC”) against defendants Richard Dale Ge...

Excerpt: ...bility action against the City of South Pasadena (“the City”). Plaintiff alleges she was crossing a parkway from the street when she tripped on a sidewalk that had been uplifted higher than the parkway surface. Supposedly a root from a tree in the parkway had lifted the sidewalk. On September 6, 2018, Plaintiff added West Coast Arborists (“WCA”) as a doe defendant. WCA was the vegetation vendor who contracted with the City to trim the Cit...

Excerpt: ... 16, 2021, filed the Second Amended Complaint (“SAC”) against The Arcadia Spine Center; Clarizio Chiropractic, Inc. (“Clarizo Inc.”); Dr. Winston Shi, an individual; Xu Shi Acupuncture, an unknown entity; Doe front Desk, an individual (Doe 1); Doe Office Manager, an individual (Doe 2); and Does 3 to 25, inclusive alleging (1) Medical Negligence; (2) Medical Battery; (3) False Imprisonment; (4) Negligence; (5) Premises Liability; (6) Negli...

Excerpt: ...ntiff asserts a cause of action for violation of the Unruh Civil Rights Act. On June 31, 2022, the Court's Clerk entered default against Defendant. Plaintiff now seeks a default judgment against Defendant for $9,078, representing, $8,000 in damages, $504 in costs, and $570 in attorney's fees. II. LEGAL STANDARD CCP §585 permits entry of a judgment after a Defendant has failed to timely answer after being properly served. A party seeking judgment...

Excerpt: ...Ji”) filed this premises liability action on December 13, 2018. The First Amended Complaint (“FAC”) was filed on March 1, 2019. On October 29, 2021, Plaintiffs filed an amendment to the complaint, naming Robert Chanh Phu Diep as Doe 6. On May 26, 2022, this Court sustained Defendants L.B.G.D. Investment Inc. and Bing Liu's demurrer to Plaintiff's FAC as to the first and third causes of action for negligence and products liability. Plaintiff...

Excerpt: ...Ogumsi (“Plaintiff”) filed this medical malpractice action. On September 26, 2022, Plaintiff filed the operative Second Amended Complaint (“SAC”) against defendants Richard Dale Gentile, D.D.S. (“Gentile”), and Heydar Hamid Shahrokh, D.D.S., an individual, and Heydar Shahrock, D.D.S., Inc., dba Comfort Dental Center (erroneously sued as Comfort Dental Center), asserting causes of action for (1) professional negligence (dental malpract...

Excerpt: ...C. Ogumsi (“Plaintiff”) filed this medical malpractice action. On September 26, 2022, Plaintiff filed the operative Second Amended Complaint (“SAC”) against defendants Richard Dale Gentile, D.D.S., and Heydar Hamid Shahrokh, D.D.S., dba Comfort Dental Center (erroneously sued as Comfort Dental Center) (collectively, “Defendants”), asserting causes of action for (1) professional negligence (dental malpractice), (2) intentional in infli...

Excerpt: ...iam Zhang (“Plaintiff”) filed this action against defendants Kemi Cai, Zexian Li, and Nick Chui (“Defendants”). On December 6, 2022, Plaintiff filed a first amended complaint (“FAC”). Trial is not set. On December 13, 2022, Defendants Cai and Li filed a motion to quash service of summons. On January 20, 2023, Plaintiff filed an opposition to Defendants' motion. On January 30, 2023, Defendants filed a reply. II. LEGAL STANDARD “An in...

Excerpt: ...nst Defendants Defendant Doe 1, Council, and Does 2 through 40 (“Defendants”) for four causes of action: (1) negligence; (2) negligence supervision of a minor; (3) negligent hiring and or retention; and (4) sexual battery. This action arises out of the childhood sexual assault of Plaintiff when Plaintiff was a minor. On December 23, 2022, Plaintiff filed a motion to seal certificates of merit. The motion is made pursuant to CCP section 340.1....