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...