Excerpt: ...act Ford had engaged in multiple service inquires to repair the vehicle."[l] However, that same day as purchase, the Vehicle experienced engine issues and Defendant failed to cure the defect(s). On September 7, 2022, Plaintiffs filed suit for: Failure to Replace or Make Restitution Breach of Express Warranties Failure to Begin Repairs Within Reasonable Time and Complete Repairs Within 30 Days 4. Breach of Implied Warranty . Violation of the Consu...

Excerpt: ...Emanate Health Medical Center, Inc. ("Emanate Medical Center); Kindred Hospital Baldwin Park ("Kindred Hospital"); Rambod Amani-Yazdl, M.D. ("Dr. Amani-Yazdi"); Azhar Haq, M.D.; Sheri Pham, M.D„ Radhika Tulpule, M.D and Nominal Defendants Maria Velazquez; Jose Salvador Velazquez; Juan Velazquez; Martha Mercado; Jose Socorro Velazquez; Monica Cedillo; Jesus Velazquez: On January 19, 2022, decedent was admitted to Emanate Medical Center where he ...

Excerpt: ...bute it to retailers throughout the United States. (Complaint 125.) However, after 21 years and despite the parties' implied-in-fact contract whereby the agreement would be terminable only for cause, Defendant terminated the contract without cause and without reasonable notice. (Complaint 153.) [2] On November 18, 2022, Plaintiff filed the instant action against Defendant for: 1. Breach of Contract 2. Breach of Covenant of Good Faith and Fair Dea...

Excerpt: ... work laptop, Defendant did so, but the hard drive was wiped clean, and it was unclear whether Defendant used the company s trade secrets. On January 18, 2021, Plaintiff filed suit against Defendant for: 4. Breach of Contract, Conversion, Misappropriation of Name, Equitable Indemnity, and Breach of Contract On March 1, 2022, Defendant filed a Demurrer with a Motion to Strike. On March 17, 2022, the court Voided' Defendant's Demurrer pursuant to G...

Excerpt: ...ER HOME TRUST, a nonprofit charitable trust doing business as CLAu BALDWIN STOCKER HOME (the "Facility') (collectively, "Plaintiffs") allege the following against Defendants Mattye Pegan-Perry aka MATTYE P. PEGAN PERRY, individually, and as Trustee of the Mattye P. Pegan-Perry Trust, Under Declaration of the Trust Dated May 26, 1993 ("Defendant Pegan-Pero/' or "Defendant') and Candice McIntosh ("McIntosh"): The parties entered into a written cont...

Excerpt: ...endants were to repay the loan in 6 months, in addition to $36,000 in interest To date, Defendants have not paid Plaintiff $96,000. On June 9, 2022, Plaintiff filed the instant suit. On June 9, 2022, Defendants were sewed via personal service (POS filed on 07/14). On July 14, 2022, default was entered agamst Defendants. On October 17, 2022, the court denied Plaintiffs application. On February 17, 2023, the court again denied Plaintiffs applicatio...

Excerpt: ...ES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET THREE is GRANTED. Monetary sanctions are imposed in the reduced amount of $1,298 [see below]. Background This is a negligence case. Plaintiff AHMAD KAHIL and his spouse INSAF KAHIL (collectively, "Plaintiffs") allege the following agamst Defendants AMES CONSTRUCTION; SELECT ELECTRIC; IULIO PENA (collectively, "Defendants"): Plaintiff was acting as a site inspector for the State of California Departme...

Excerpt: ...und This case pertains to property located at 914 Lidford Ave., La Puente, CA 91744 ("Property'): Plaintiff CARLOS MORENO alleges the following against Defendants ROSENDO FLORES GONZALEZ ("Defendant Rosendo" or "Defendant"), individually and as Trustee of the Rosendo Flores and Elvia Gonzalez revocable living trust dated June 21, 2018; ELVIA GONZALEZ, individually and as Trustee of the Rosendo Flores and Elvia Gonzalez revocable living trust date...

Excerpt: ... (daughter) (collectively, "Plaintiffs") bring forth the instant action for the death of Julian Moore ("decedent') who was struck when the wheel of Defendant ALBERT BENJAMIN ESQUDA's vehicle detached and struck deced ent' s motorcycle. On September 28, 2022, Plaintiffs filed suit against Defendants ALBERT BENIAMIN ESQUEDA; ANGELINA ULLOA; ADRIANA SIORDA JIMENEZ; MARIO SIORDIA JIMENEZ; IN AND OUT TIRE, LLC a limited liability; EMS DISTRIBUTING LLC...

Excerpt: ...IRD, FOURTH AND FIFTH CAUSES OF ACTION OF PLAINTIFFS' COMPLAINT is SUSTAINED without leave to amend. The court does not grant leave to amend because NIED is not a proper cause of action when negligence is alleged. (2) DEFENDANT JARED ANDREW PAREDES'S MOTION TO STRIKE PUNITIVE AND EXEMPLARY ALLEGATIONS AND DAMAGES FROM PLAINTIFFFS' COMPLAINT is GRANTED with leave to amend. Background This case arises from a motor vehicle accident Plaintiff JOHN HE...

Excerpt: ...p of coffee. On August 10, 2022, Plaintiff MERCEDES SEVILLA filed suit against Defendants STARBUCKS CORPORATION; JACKLYN SAUCEDO (the store manager) for 1. STRICT PRODUCTS LIABILITY 2. NEGLIGENCE 3. BREACH OF IMPLIED WARRANN. On October 26, 2022, Defendant Starbucks filed a demurrer, which the court sustamed with leave to amend. On February 9, 2023, Plaintiff filed her FAC asserting the same causes of action. On March 13, 2023, Defendant filed a ...

Excerpt: ...pinoza (collectively, "Plaintiffs") allege the following against Defendant California Design Center, Inc ("Defendant" or "California Design"): Plamtiffs hired Defendant to do re-modeling work in Plaintiffs' home. As part of the remodel, Defendant's employee relocated Plaintiffs' Viking refrigerator to Plaintiffs' garage so that Plaintiffs could continue to use the Viking during the remodel, but in the pruess, Defendant failed to properly secure t...

Excerpt: ...or declaratory relief. Plaintiff Colonel RM. Baker Home for Retired Ministers ("Plaintiff') owns and operates a multi-unit retirement home for retired ministers. According to Plaintiff, Defendant Chang Soon Lee is a resident at Baker Home who claims to also be a voting member ofthe Baker Corporation. However, the governing documents of the Baker Corporation and Defendants' respective residency contracts do not confer any right to vote for the Bak...

Excerpt: ...General Motors LLC and Request for Sanctions is GRANTED as to RFP Nos. 16-31, 33, 37-41 and 45-46 as detailed in this ruling. The request for sanctions in the amount of $2,885 (7 hours motion and reply prep and hearing time @ S395/hr plus S60 filing fee) is DENIED. RFP Nos. 16-31, 33 and 45-46—Defendant GM has already made three rounds of responses and production in response to these RFPs. However, GM should provide an index of the documents pr...

Excerpt: ...entative Ruling Defendants' MARK KISLINGER's, M.D., MARK KISLINGER, M.D., INC.'s AND MARK KISLINGER, PHD, M.D., INC.'s (collectively, “Defendants”) MOTION TO QUASH PLAINTIFF'S SUBPOENAS OF RECORDS FROM UNITED WHOLESESALE MORTGAGE LLC (“United Wholesale”) is GRANTED. Background [1] This case arises from the breach of a capitation contract to provide ophthalmology care to HMO patients. On October 27, 2022, Mark Kislinger, M.D., Mark Kisling...

Excerpt: ...uest. Plaintiff Maria Vine alleges the following against Defendant John Todd: Plaintiff's mother (“Decedent”) made funeral and interment arrangements with Todd Memorial. Plaintiff alleges that on May 10, 2018, Defendant breached the funeral agreement by failing to give Decedent a Catholic rosary and Funeral at Saint Joseph Church in Pomona. On August 22, 2022, Plaintiff filed the instant action asserting the following causes of action: 1. Bre...

Excerpt: ...during the hearing. Background This is a lemon law case. On September 2, 2022, Plaintiffs STEVE SAYEGH and MARISSA MARTINEZ (collectively, “Plaintiffs”) filed suit against Defendant Ford Motor Company (“Defendant”) for 1. Breach of lmplied Warranty of Merchantability under The Song-Beverly Act (“SBA”) 2. Breach of Express Warranty under The Song- Beverly Act and 3. Fraudulent Concealment. On October 10, 2022, Defendant filed its Answe...

Excerpt: ...tration Award and denied Respondent Hemosure, Inc's (“Hemosure”) “Response to [Petitioner's]” Notice of Hearing on Petition to Confirm Contractual Arbitration Award; Request to Vacate the Arbitration Award or in the Alternative to Correct Arbitration Award.” On August 2, 2019, Judgement Confirming Arbitration Award was filed. On March 14, 2022, an ‘Appeal—Opinion Received B301519' was filed. On May 25, 2022, an ‘Appeal—Remittitu...

Excerpt: ...is GRANTED. (2) PLAINTIFF'S MOTION TO COMPEL THE DEPOSITION OF DEFENDANT GENERAL MOTORS LLC'S PERSON(S) MOST KNOWLEDGEABLE, WITH PRODUCTION OF DOCUMENTS is MOOT because all matters are stayed. Background This is a lemon law case. On September 2, 2022, Plaintiff filed suit On October 14, 2022, Defendant filed its Answer. On November 14, 2022, Defendant filed the instant motion. On January 3, 2023, Plaintiff filed three further discovery motions. O...

Excerpt: ... GIESE, ALFRED GIESE, ANN KOECKRITZ, Trustees ofthe CLARA BALDWIN STOCKER HOME TRUST AND CLARA BALDWIN STOCKER HOME FOR WOMEN is DENIED because of inadequate evidence Background [3] Plaintiffs BARBARA GIESE ALFRED GIESE and ANN KOECKRIT& Trustees of the CLARA BALDWIN STOCKER HOME TRUST, a nonprofit charitable trust, doing business as CLARA BALDWIN STOCKER HOME (the "Facility") (collectively, "Plaintiffs") are the licensees of Clara Baldwin Stocke...

Excerpt: ...eave to amend. (2) DEFENDANT BRUSTER'S ICE CREAM, INC.'S MOTION TO STRIKE PLAINTIFF'S COMPLAINT is MOOT. Background This is an Unruh Civil Rights Act ("UCRA") action. [1] Plaintiff alleges that as a result of the lack of alt-text on the home page of Defendants website, broken buttons or links, lack of headings and inaccessible videos, Plaintiff could not sign up for Defendants Sweet Rewards Program, place an online order for ice cream, or plan a ...

Excerpt: ...RER TO PLAINTIFFS' COMPLAINT is SUSTAINED in its entirety with leave to amend. Background This is an elder abuse action. On January 6, 2023, Plaintiff filed the instant action against INLAND VALLEY PARTNERS, LLC dba INLAND VALLEY CARE AND REHABILITATION CENTER and INLAND VALLEY CARE AND REHABILITATION CENTER for: 1. ELDER AND DEPENDENT ADULT ABUSE AND NEGLECT [CAL. WELF & INST. CODE S 15600 etseq.] 2. SURVIVAL (Based on Negligence) [C.C.P. SS 377...

Excerpt: .... (2) GENERAL MOTORS LLC'S NOTICE OF MOTION; MOTION TO STRIKE PUNITIVE DAMAGES FROM PLAINTIFFS' FIRST AMENDED COMPLAINT is GRANTED. Background This is a lemon law case. On August 1, 2022 Plaintiffs KRISTAL AVILA AND MARIA S. MEDINA (collectively, "Plaintiffs") filed suit agamst Defendant General Motors, LLC ("Defendant") relating to the purchase of a 2014 Chevrolet Cruz. On November 21, 2022, the court sustained Defendants first demurrer with lea...

Excerpt: ...ace within 30 days accompanied by an appropriate declaration. The four motions by plaintiffs are more difficult. (As an aside, the court notes that they are on 32 line pleading papers. Due to a glitch in the rules, such is nota violation. However, the court strongly urges parties not to take advantage of that loophole. The court very much prefers 28 line pleadmg paper.) They seekto enforce discovery propounded to defendant Ptyor Cashman. It is es...

Excerpt: ...eory apparently is that he was in negotiations with defendant to obtain an extension of his right to operate from defendants premises and thathe had obtained at least an oral commitment reflected in unsigned emails, to so allow and that he relied on that oral commitment to his detriment However, defendant ultimately refused to go fomvard with that commitment Plamtiffmight also be claiming that there was some other bar to terminating his ability t...