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