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...

Excerpt: ...IGHT TO ATTACH ORDER AGAINST TERESA TSAI is Gk4MED. (2) Plaintiffs APPLICATION FOR RIGHT TO ATTACH ORDER AGAINST GSC HOLDING GROUP, LLC is GRQNTED. Background This case arises from a commercial lease agreement Plaintiff Oaks by the Lake, LLC alleges the following agamst Defendants GSC Holding Group, LLC ("GSC") and Teresa Tsai ("Tsai"): On October 23, 2017, the parties entered into a lease. On May 1, 2018, Defendants breached the contract by fail...

Excerpt: ...reland, The Perfect Room, Kathryn M. Ireland, Inc. and Kathryn M. Ireland Textiles & Design s Motion for Summary Adjudication is DENIED. Plamtiffs Objections to Dec. of Harwell—OVERRULED. Plaintiffs Objections to Dec. of K. Ireland— OVERRULED as to Objection Nos. 2-11 and SUSTAINED as to Objection Nos. 1. Defendants' objections to Dec. of J. Rush — OVERRULED as to objection Nos 1-25, and SUSTAINED, in part as to objection no. 25 referencing...

Excerpt: ...onal Corporation's Demurrer to to the second causes of action for fraud (misrepresentation), third cause of action for negligent misrepresentation and fourth cause of action for fraud (conspiracy / aiding and abetting) of Complaint is OVERRULED. Defendants' Motion to Strike is DENIED. Defendants to answer in 20 days. Defendants' Request for Judicial Notice is GRANTED pursuant to Evidence Code 5452(d), not Evidence Code 545201). The Court is entit...

Excerpt: ...Defendants") Tentative Ruli PLAINTIFF'S MOTION TO COMPEL DEPOSITION OF THE PERSON MOST KNOWLEDGEABLE OF ROCKPORT ADMINISTRATIVE SERVICES LLC is GRANTED in part (i.e., Defendants produce responsive documents for requests Nos. 1-3) and DENIED in part (i.e., as to deposition of PMK). Request No. 4 is modified. As for monetary sanctions, the court declines to impose monetary sanctions. und This matter arises from an alleged elder abuse. Plaintiff WIL...

Excerpt: ...RATION AND STAY COURT PROCEEDINGS is DENIED. Background Plamtiff Stella Espinoza Browne,[l] As Special Administrator for the Estate of Rurico Espinoza alleges the following against Defendants SOLO 1 KUSTOMS RESTORATION, INC. ("Solo JOSEPH HERNANDEZ; ELIZABETH GUTIERREZ (AKA LIZ GUTIERREZ), STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES; STEVEN GORDON IN HIS CAPACITY OF DIRECTOR OF STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES ONLY: Plaintiff...

Excerpt: ... Plaintiff PETER TRAN ("Plaintiff) alleges the following against Defendants MICHAEL LIN ("Michael"), an individual; JACK LIN, an individual; ACT CONSTRUCTION, LLC aka ACT CONSTRUCTION, INC., an unregistered entity; ACT HOLDING INVESTMENTS, LLC, a California Limited Liability Company; and DOES 1-20: Plaintiff and Michael have been friends for years. Michael fraudulently induced Plaintiff to make investments in properties, using Act Construction to...

Excerpt: ... December 28, 2022, Petitioner BARBARA JASTRAB filed the instant Petition against UNITED SERVICES AUTOMOBILE ASSOCIATION. Legal Standard Petitioner brings forth the instant petition pursuant to Code Civ. Proc. § 1281.2, Insurance Code section 11580.2, and CCP section 1281.6. (Petition p. 1:20-25.) In turn, the statute provides that “[o]n petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate ...

Excerpt: ...R and RICARDO GARCIA filed suit against DOWNEY IMPORT CARS, INC., a California Corporation dba DOWNEY NISSAN; NISSAN NORTH AMERICA, INC., a Delaware Corporation, and DOES 1 through 10, inclusive. On January 24, 2023, Defendants Nissan North America, Inc., and Downey Import Cars, Inc. dba Downey Nissan (collectively, “Defendants”) filed the instant MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS. On February 27, 2023, Plaintiffs filed their ...

Excerpt: ...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 JPMORGAN CHASE BANK, N.A. is GRANTED Background [1] This case arises from the alleged breach of a capitation contract to provide ophthalmology care to HMO patients. On November 23, 2004, Plaintiff filed his action. On April 7, 2005, Plaintiff filed his Second Amended Complaint...

Excerpt: ... GRANTED. Background This is a childhood sexual assault case. Plaintiff Hector Olavarria, Jr. (“Plaintiff”) alleges that during the 1987-1988 school year, his teacher at EL MONTE UNION HIGH SCHOOL DISTRICT repeatedly sexually assaulted him. On August 17, 2022, Plaintiff filed suit against DOE UNIFIED SCHOOL DISTRICT, a public entity; DOE SCHOOL, a public entity; and DOES 1-50, inclusive for 1. Negligence 2. Negligence Per Se 3. Negligent Hiri...

Excerpt: ...�Kwei”) and Jacky Chen (“Chen”) (hereinafter collectively, “Trio”) were officers of Wild West Investment Group, Inc. (“Wild West”). On or around July 15, 2018, the Trio approached Plaintiff's President, Tammy Chou, to request (1) a loan in the sum of $250,000.00 and (2) a lease of the industrial zoned property located at 400 E. Compton Blvd., unincorporated Los Angeles County, CA 90248 (“Industrial Site”) for the development and...

Excerpt: ...ief, unjust enrichment/constructive trust, and quantum meruit causes of action). Background This is a quiet title action regarding properties located at 16485 Monte Cristo Drive, Hacienda Heights, CA 91745 (the “Monte Cristo Property”), 1621 Derringer Lane, Diamond Bar, CA (the “Derringer Lane Property”), and 14211 Skyline Drive, Hacienda Heights, CA (the “Skyline Drive Property”). On June 14, 2022, Plaintiff filed the complaint again...

Excerpt: ...o Hills (the “property”). While Defendant was supposed to pay 50% of the purchase price per the parties' Operating Agreement, Defendant did not, requiring Plaintiff to pay the entire purchase price. Defendant Sun has not paid his one-half despite Toptree being the record title holder of the property. On September 27, 2022, Plaintiff filed suit against Defendant Bo Sun and Toptree for: 1. Breach of Contract 2. Fraud 3. Judicial Dissolution 4. ...

Excerpt: ... (1) DEMURRER TO FIRST AMENDED COMPLAINT BY DEFENDANT AURORA CHARTER OAK ‐ LOS ANGELES, LLC is SUSTAINED with 30 days leave to amend. (2) MOTION TO STRIKE PORTIONS OF PLAINTIFFS' FIRST AMENDED COMPLAINT BY DEFENDANT AURORA CHARTER OAK—LOS ANGELES, LLC (ERRONEOUSLY NAMED AND SUED AS AURORA CHARTER OAK HOSPITAL) is MOOT. Background This is a wrongful death case. Plaintiffs OSCAR DENA, an individual; MARICELA DENA, an individual; OSCAR MATTHEW D...

Excerpt: ... LLC, AND REQUEST FOR SANCTIONS is DENIED and monetary sanctions are imposed upon Plaintiffs' Counsel in an amount TBD for bringing forth a motion without substantial justification. Background This is a lemon law case arising from Plaintiffs' purchase of 2020 RAM ProMaster 1500 High Roof that experienced nonconformities related to the transmission and engine. Plaintiffs filed suit for 1. VIOLATION OF SONG-BEVERLY ACT - BREACH OF EXPRESS WARRANTY ...

Excerpt: .... Background This is a contracts case. On April 26, 2017, Plaintiff Lilian Hoats filed suit against Defendant Maria Felix Briceno alleging that Defendant failed to pay her attorney's fees and costs per the parties' April 25, 2016 agreement and the balance due was $135,485.97. On May 23, 2022, the court issued the following minute order: Off the record, settlement discussions commence. The matter settles in its entirety. According to the order sig...

Excerpt: ...ate, Defendant has not paid the payments, including the promised profits, for a total of $133,788. On July 10, 2020, Plaintiff filed suit. [1] On July 15, 2021, Plaintiff filed his Third Amended Complaint (“TAC”) for Breach of Contract and Fraud. On January 24, 2023, Defendant filed the instant Demurrer. That same day, the court set aside default entered against Defendant for his failure to timely answer the TAC. Discussion Defendant demurs t...

Excerpt: ...tiff operates a commercial transportation company wherein he transports commercial signs. On October 24, 2018, Defendant Chandler Signs loaded signs onto Plaintiff's truck for transportation to Defendant BK. Upon unloading, the commercial signs tumbled out of the truck's bed and fell onto Plaintiff. On June 13, 2019, Plaintiff filed suit for Negligence. On June 19, 2020, Envisage Signs was replaced as a Doe Defendant. On August 12, 2020, the cour...

Excerpt: ...ended Complaint (“FAC”) asserting the following causes of action: (1) Failure To Pay Overtime Wages In Violation Of Labor Code § 204, 510 (2) Failure To Pay Minimum Wages In Violation Of Labor Code § 1194, 1194.2, 1197.1 (3) Failure To Provide Meal Periods In Violation Of Labor Code § 226.7, 512 (4) Failure To Provide Rest Periods In Violation Of Labor Code § 226.7 (5) Failure To Provide Split Shift Premium Pay (6) Conversion (7) Failure ...

Excerpt: ...he City of Claremont filed the instant action against Defendant George Hernandez based upon the City's December 19, 2018 inspection, which showed over fifteen health and safety code and building code violations. On August 28, 2022, the City filed a ‘NOTICE OF MOTION FOR ATTORNEY'S FEES' (but no motion was provided). On January 23, 2023, the City filed the instant Motion. On February 1, 2023, Defendant filed ‘OBJECTIONS TO THE CITY OF CLAREMON...

Excerpt: ... DEFENDANT MOUNTAIN VIEW SCHOOL DISTRICT'S MOTION TO STRIKE PORTIONS OF PLAINTIFFS' FIRST AMENDED COMPLAINT is MOOT. Background This case arises from sexual assault in a school setting. Plaintiffs A.A. and B.A (collectively, “Plaintiffs”) allege the following against Defendant MOUNTAIN VIEW SCHOOL DISTRICT (“School District”): In 2015, Marcos Bowers (“Bowers”), a teacher at Kranz Intermediate School, sexually assaulted and harassed Pl...

Excerpt: ...g of how Sun Aggregates intends to cure the deficiencies. Background [1] This is a wrongful death case. On April 22, 2020, Plaintiff Edgardo Pano, Jr. filed suit against SERRANO DEVELOPMENT GROUP, INC., a California Corporation; PACIFIC EMPIRE BUILDERS, INC., a California Corporation; AZUSA BLOCK 36, LLC, a California Limited Liability Company; CITY OF AZUSA, a Public Entity; JONELLE SOLLER for the death of his father who was struck by a truck wh...

Excerpt: ...s the following against the City of Baldwin Park: Plaintiff was injured while riding his motorcycle because there was a large hole in the road. On November 14, 2022, Plaintiff filed suit against the City for (1) Premises Liability and (2) General Negligence. [1] On December 29, 2022, the City filed the instant Demurrer. Discussion The City demurs to the 2 nd cause of action for General Negligence on three grounds: (1) the cause of action fails to...

Excerpt: ... DEFENDANT AMERICAN HONDA MOTOR CO., INC.'S DEMURRER TO TO THE THIRD CAUSE OF ACTION FOR FRAUDULENT INDUCEMENT‐CONCEALMENT IN PLAINTIFF'S COMPLAINT is SUSTAINED with leave to amend. (2) DEFENDANT AMERICAN HONDA MOTOR CO., INC.'S MOTION TO STRIKE PLAINTIFF'S PRAYER FOR PUNITIVE DAMAGES is MOOT. Background This is a lemon law case. The action pertains to Plaintiff's lease of a new 2020 Honda Pilot, specifically pertaining to the “Honda Sensing ...

Excerpt: ...auses of action) and Sustained in part (7 th cause of action), without leave to amend because as a matter of law, Plaintiff has not alleged how a loan constitutes as conversion. (2) DEFENDANT MICHAEL LIN'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FAC is GRANTED in part (only as to usurious interest rates). Background This is a contracts case. Plaintiff PETER TRAN (“Plaintiff”) alleges the following against Defendants MICHAEL LIN (“Michael�...

Excerpt: ... his former employment with Defendant: (1) Retaliation, under the California Fair Employment and Housing Act (“FEHA”); (2) Failure to Prevent Retaliation, under FEHA; (3) Violation of Labor Code § 226(c), for failure to timely provide copies of wage statements; and (4) Violation of Labor Code § 1198.5(b), for failure to timely provide copies of personnel records. On April 1, 2021, the court ordered arbitration and stayed all matters. On Oct...

Excerpt: ...ENTER, LLC (“Opposing Defendants”) Tentative Ruling PLAINTIFF'S MOTION FOR TRIAL PREFERENCE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 36 is DENIED. Background This matter arises from an alleged elder abuse. Plaintiff WILMA VASQUEZ alleges that she was admitted to Defendants' facility from Casa Colina on October 14, 2022. Upon admission to the facility, Plaintiff suffered from Thyroid issues that required a tracheostomy and trachea tub...

Excerpt: ... FOR HEALTH CARE'S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT Responding Party: Plaintiffs Tentative Ruling (1) DEFENDANT, CASA COLINA, INC., DBA CASA COLINA HOSPITAL AND CENTERS FOR HEALTH CARE'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS' COMPLAINT is SUSTAINED with leave to amend because (1) the complaint fails to state any ultimate facts and (2) standing issues. (2) DEFENDANT, CASA COLINA, INC., DBA CASA COLINA...

Excerpt: ...tember 26, 2022, Defendant filed a Demurrer. On October 25, 2022, Plaintiff filed a Verified FAC. [1] On November 28, 2022, Defendant filed its second demurrer. On January 18, 2023, Plaintiff filed her Opposition to the demurrer. On January 23, 2023, Defendant filed its Reply. Legal Standard A demurrer may be asserted on any one or more of the following grounds: (a) The court has no jurisdiction of the subject of the cause of action alleged in th...

Excerpt: ...fore hearing) Tentative Ruling (1) DEMURRER TO FIRST AMENDED COMPLAINT BY DEFENDANT AURORA CHARTER OAK ‐ LOS ANGELES, LLC is SUSTAINED. Leave to amend is TBD, but likely sustained without leave to amend. (2) MOTION TO STRIKE PORTIONS OF PLAINTIFFS' FIRST AMENDED COMPLAINT BY DEFENDANT AURORA CHARTER OAK—LOS ANGELES, LLC (ERRONEOUSLY NAMED AND SUED AS AURORA CHARTER OAK HOSPITAL) is TBD/MOOT, but likely moot. The court requests that during the...

Excerpt: ...se of action because the court sees no analysis/argument in the demurrer. The court requests Plaintiff to be prepared to discuss the exact allegations it intends to add/amend and the law that would support a cause of action for products liability. Background This is a personal injury action. Plaintiff alleges that she was burned when the lid fell off a cup of coffee. On August 10, 2022, Plaintiff MERCEDES SEVILLA filed suit against Defendants STA...

Excerpt: ...laintiff's failure to provide admissible evidence. Background This is a medical malpractice case. Plaintiff XIAO CHEN alleges the following against Defendants KINDRED HOSPITAL BALDWIN PARK (“Hospital”); DR. PA WAN VERMANI (“Dr. Vermani”); and CHEN LI (“Defendant Li”): Plaintiff Chen is the spouse of decedent Decheng Li. Plaintiff alleges that commencing on or about May 19, 2019, the Hospital's and Dr. Vermani's negligent and intention...

Excerpt: ...iff”) alleges the following against Defendants MICHAEL ZORN; JOANNA N. ZORN; JULIE ZORN; 7-ELEVEN, INC., [1] a Texas corporation, formerly known as "The Southland Corporation" and DOES 1-20 (collectively, “Defendants”): This action concerns certain real property located at 730 E. Foothill Boulevard, Pomona California 91767 (“Subject Property”). From at least January 22, 2021 to the present, title and ownership to the real property has b...

Excerpt: ... suggests that it is improper, although the number is not itself dispositive. One could easily imagine a fully compliant subpoena where the 91 categories are things like “the email from Smith to Jones sent on July 10, 2020 at 11:53 am” or “the original deed dated September 4, 2018, for the property known as 1234 Elm Street, Los Angeles, California, as recorded in the Recorder's Office.” There could be 91 such requests or 191 such requests...

Excerpt: ... that the discovery cut off has (essentially) come and gone. This would be a good reason to continue if defendant had made an adequate showing. But that would require some explanation as to who these witnesses are and why they are important as well as some showing that plaintiff was aware of them but failed to disclose them in discovery (as opposed to counsel's unadorned statement to that effect). If plaintiff was not aware of them, then there is...

Excerpt: ...s to him. Alvarez allegedly sold the subject property in 2017 to Oseguera Investments Inc. The complaint, filed 7/27/17, asserts causes of action against Defendant Alvarez for: 1. Fraud 2. Breach of Contract On May 23, 2022, the matter was called for a jury trial. The court issued the following minute order: The matter is called for Jury Trial. There is no appearance by or for the defendant. The Court notes the defendant failed to appear on Febru...

Excerpt: ...ve to amend. (2) DEFENDANT AMERICAN HONDA MOTOR CO., INC.'S MOTION TO STRIKE PLAINTIFF'S PRAYER FOR PUNITIVE DAMAGES is MOOT. Background This is a lemon law case. Plaintiff, NORMA PEREZ VILLARREAL, (“Plaintiff”) alleges the following against Defendant, AMERICAN HONDA MOTOR CO., INC., (“Defendant”): In 2021, Plaintiff purchased a used Honda Odyssey (“Subject Vehicle”), which includes a “9-Speed Transmission” (“Transmission”). A...

Excerpt: ...ng for the alleged breach of an express warranty. On August 2, 2022, Plaintiffs JUAN HERNANDEZ and SEBASTIAN HERNANDEZ (collectively, “Plaintiffs”) filed suit against Defendant Kia America, Inc. (“Defendant”). On September 6, 2022, Defendant filed its Answer. On October 17, 2022, Plaintiff filed the instant Demurrer to the ninth affirmative defense in Defendant's answer. On November 9, 2022, Defendant filed its Opposition to the Demurrer....

Excerpt: ...nth cause of action in Plaintiff's Fourth Amended Complaint for breach of contract is DENIED. Background This is a dispute over the sale of real property located at 20560 East Holt Avenue in Covina, California (the “Property"). Plaintiff Virginia Asset Partners, LLC (“Plaintiff”) alleges that it hired Defendants SHM Quantum Leap, Inc., DBA Keller Williams Signature Realty, and Linda Young (“Moving Defendants”) to represent it as the buy...

Excerpt: ... (2) Defendant Quemetco's Motion to Compel Plaintiff's Supplemental Document Demand Responses is GRANTED. Background This is a premises liability case. Plaintiff Alonso Rivera (“Plaintiff”) alleges Defendants negligently maintained and inspected the premises located at 1031 Segovia Circle in the city of Placentia (“Subject Premises”) and the machinery and large containers located on the Subject Premises so as to allow oil and liquid to ac...

Excerpt: ...Complaint against defendant Covina- Valley Unified School District (“Defendant”) and Doe defendants for injuries arising from a fall on the bleacher stairs at the Covina High School gymnasium. On September 9, 2020, Plaintiff filed the First Amended Complaint, asserting a cause of action of Dangerous Condition of Public Property against Defendant. On October 19, 2022, Defendant filed this instant motion for leave to file a Cross-Complaint agai...

Excerpt: ...oss‐Complainant's MOTION FOR ORDER OF DISCHARGE AND AWARD OF COSTS AND ATTORNEY'S FEES AND ORDER FOR DEPOSIT; AND FOR DIMSISSAL OF ACIC FROM CROSS‐COMPLAINT is GRANTED. Background This is a case for breach of contract, negligence, and unfair business practices. Plaintiff The Green Home Showroom alleges the following against Defendants Diversified Construction & Engineering Group, Inc. (“Diversified”), and American Contractors Indemnity Co...

Excerpt: ...1, Enbozhia Boudoin (“Plaintiff”) purchased a 2021 Mercedes-Benz GLB 250 (“Subject Vehicle”) from an authorized dealership of Mercedes-Benz USA, LLC (“Defendant”). The sale of the Subject Vehicle was accompanied by certain express warranties, whereby Defendant agreed to maintain the utility and performance of the Subject Vehicle. The Subject Vehicle, allegedly, was delivered to, or developed, serious defects and nonconformities to the...

Excerpt: ...N TO STRIKE PUNITIVE DAMAGES FROM PLAINTIFFS' COMPLAINT IS DENIED AS MOOT. Background This action arises from the alleged defective condition of a vehicle manufactured and sold by General Motors, LLC (“Defendant”) to Kristal Avila and Maria S. Medina (collectively, “Plaintiffs”). On June 4, 2015, Plaintiffs entered into a warranty contract with Defendant regarding a 2014 Chevrolet Cruze (“Subject Vehicle”). (Compl., ¶ 7.) The warrant...

Excerpt: ...OOT. (2) DEFENDANT ANDREA BENNETT'S DEMURRER, OR IN THE ALTERNATIVE, MOTION TO ABATE PENDING OUTCOME OF FAMILY LAW MATTER is SUSTAINED WITHOUT leave to amend because the court lacks jurisdiction. Background This case pertains to the dissolution of the parties' marriage and events pertaining thereto. Plaintiff REID R. GARDNER (“Plaintiff”) alleges the following against his ex-wife Defendant Andrea Bennett (“Defendant”): Plaintiff and Defen...

Excerpt: ...laintiff is to present the proposed factual amendments and legal authority at the hearing. (2) DEFENDANT PILGRIM PLACE IN CLAREMONT'S MOTION TO STRIKE is MOOT. Background This is an alleged discrimination case. Plaintiff Brendan Schultz (“Plaintiff”) alleges the following against Defendant Pilgrim Place in Claremont (“Defendant”): Plaintiff applied for the Napier Award, which is an award given by Defendant to a Claremont Colleges student ...

Excerpt: ...RUCTION; SELECT ELECTRIC; JULIO PENA (collectively, “Defendants”): Plaintiff was acting as a site inspector for the State of California Department of Transportation (“DOT”) when he arrived at a worksite where he was then struck by a copper wire maintained by Defendants. [1] On September 14, 2020, Plaintiffs filed suit for general negligence. On August 4, 2021, the parties filed a STIPULATION TO DISMISS CAUSE OF ACTION FOR WILLFUL FAILURE ...

Excerpt: ... IN THE SUM OF $3,505.50 IN ATTORNEY'S FEES AND $810.00 IN COSTS AGAINST DEFENDANT Monica Bribiesca; AND HER ATTORNEYS OF RECORD Responding Party: Unopposed as of 11/1 Tentative Ruling (1) MOTION FOR ORDER COMPELLING DEPOSITION OF DEFENDANT MARIA DEL ROCIO MANZORRA CERVANTES; AND AW ARD OF SANCTIONS IN THE SUM OF $3,505.50 IN ATTORNEY'S FEES AND $810.00 IN COSTS AGAINST DEFENDANT MARIA DEL ROCIO MANZORRA CERVANTES; AND HER ATTORNEYS OF RECORD is ...

Excerpt: ... alleges that Defendant has failed to design, construct, maintain and operate its website to be fully accessible and to independently usable by Plaintiff and other visually-impaired people. On June 18, 2021, Plaintiff filed suit against Defendant and Does 1-10 for: 1. Violations of the Unruh Civil Rights Act [1] On August 5, 2021, Defendant's default was entered. On November 4, 2021, the court denied without prejudice plaintiff's first applicatio...

Excerpt: ...IONS IN THE AMOUNT OF $1,861.65 AGAINST DEFENDANT BHSAMERICAN RECOVERY CENTER AND ITS ATTORNEY OF RECORD (3) DEFENDANTS' MOTION FOR RELIEF FROM WAIVER OF OBJECTIONS, OR IN THE ALTERNATIVE, MOTION FOR A PROTECTIVE ORDER Tentative Ruling (1) Plaintiff's MOTION FOR ORDER COMPELLING FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO, AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,861.65 AGAINST DEFENDANT BHS, INC. AND ITS ATTORNEY OF RE...

Excerpt: ...following against Defendant NAIDE WU, a.k.a. DANNYWU: Defendant worked for Plaintiff from 2008 to 2019. Plaintiff learned that during Defendant's employment, Defendant “failed to perform WU's assigned job but repeatedly and continuously for years utilized the company time to WU's personal advantage by engaging and soliciting business from AUTO SECURITY's customers to purchase WU's own products relating to the automobile field such as auto compo...

Excerpt: ...oss‐Complaint are stricken. Background This lawsuit involves a dispute over the sale of the real property located at 20560 E. Holt Avenue in Covina (“subject property”). Plaintiff Virginia Asset Partners, LLC (“Plaintiff”) alleges that Defendants Linda Young and Sergio Ulloa misrepresented the subject property's acreage. Specifically, two days after entering into the Sale Contract with Plaintiff, Defendant Sergio Ulloa purported to conv...

Excerpt: ...LTERNATIVE, SUMMARY ADJUDICATION is GRANTED. Background This case is premised upon alleged insurance broker negligence. Plaintiff Valley Forge Acquisition Corporation alleges the following against Defendant Weaver & Associates, Inc.: Plaintiff is a metal fabrication manufacturer and Defendant is an insurance agency that has sold business insurance to Plaintiff since 2000. In 2016, during the annual review of Plaintiff's facilities, Plaintiff told...

Excerpt: ...erve a Notice of Entry of Judgment. On October 6, 2022, Defendant filed the instant motion to set aside/vacate default and/or default judgment (“motion”). That same day, he filed his answer. On October 12, 2022, Plaintiff filed its opposition to the motion. Legal Standard Defendant brings forth the motion pursuant to CCP section 437(b). The discretionary relief provisions of section 473, subdivision (b) provide in pertinent part: “The court...

Excerpt: ...TS JIAN ZHANG'S AND WENJIE KUANG'S DEMURRER TO PLAINTIFF'S SECOND AMENDED COMPLAINT is SUSTAINED in part and OVERRULED in part. Please see ‘Conclusion' section for discussion on leave to amend. Background This case arises from partnership disagreements. Plaintiff Giggs Liang Lei (“Plaintiff”) alleges that Defendant Wenjie Kuang aka Garry Kuang (‘Defendant Kuang”) reached out to Plaintiff in the hopes of doing business together. Defendan...

Excerpt: ...nd 15th causes of action against Rochelle) and OVERRULED in part (i.e., as to the 11 th, 14 th, and 16 th causes of action against Rochelle). Background This case arises from a real property dispute between siblings and a real estate company. Plaintiffs Martin Hill and Michelle Rowcliffe (collectively, “Plaintiffs”) allege the following against Defendants MARTY RODRIGUEZ REAL ESTATE, INC. MARTY RODRIGUEZ; NADINE HERNANDEZ; BROTHERS FLIPS INVE...

Excerpt: ...on Tribe”). Plaintiff Robert Burton is the Costanaon Tribe's elected Chairman. Plaintiff alleges that Defendants Tony Cerda and Carla Ippolitti held an unauthorized emergency meeting wherein they elected themselves as council members, in direct violation of the tribal bylaws. Furthermore, Plaintiff alleges that Defendants are in possession of tribal property and have posted libelous remarks about Plaintiff. On January 13, 2021, Plaintiff filed ...

Excerpt: ...nd This is a representative employment action. On October 5, 2020, Plaintiff filed the instant action. On May 18, 2022, a ‘notice of related case' was filed. On September 22, 2022, the instant motion was filed. On April 14, 2022, the parties participated in mediation. Legal Standard Labor Code section 2699, subdivision (l)(2) states: “The superior court shall review and approve any settlement of any civil action filed pursuant to this part [L...

Excerpt: ...s $60,000. Defendants 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 served via personal service (POS filed on 07/14). On July 14, 2022, default was entered against Defendants. That same day, Plaintiff filed the instant application for entry of default judgment. Discussion Plaintiff seek...

Excerpt: ... Designs: [1] In 2013, Defendants made a proposal to Plaintiffs to invest $30,000 into the business because of ongoing financial difficulties. The parties came to an agreement in which the Plaintiffs would invest $30,000 into the Defendants' business and in return Plaintiffs would receive 25% of profits for a four (4) year period along with repayment of the $30,000 investment. To date, approximately $2,447.33 has been paid by Defendants. Discussi...

Excerpt: ...esulting in damages of $37,170.80, with interest accruing. On November 2, 2021, a clerk's judgment was entered against Defendants James Lemmer and Screen Print AZ, LLC. On June 2, 2022, Plaintiff filed the instant motion. To date, as of September 30, 2022, it is unopposed. Legal Standard Pursuant to CCP § 708.510, a judgment creditor may apply to the court for an order requiring the judgment debtor to assign to the creditor or a receiver appoint...

Excerpt: ...09) AND FOR SANCTIONS FOR VIOLATIONS OF COURT ORDERS is DENIED. Background This matter arises out of Defendant/Cross-Complainant Shu Wang's (“Wang” or “Defendant”) purchase of the real property (“Property”) from Plaintiffs Troy Trang (“Trang”) and Ling Yin (“L. Yin” or “Plaintiff”). [1] According to the Agreement, the sellers/Plaintiff had seven (7) days after the close of escrow to deliver possession of the home to Defend...

Excerpt: ...ed Complaint is OVERRULED because Plaintiff has alleged sufficient facts for vicarious liability (2) DEFENDANT COVINA-VALLEY UNIFIED SCHOOL DISTRICT'S NOTICE OF MOTION AND MOTION is DENIED as the court finds it is premature to decide the issue of attorney fees pursuant to CCP 1021.5 Background This case arises from allegations of sexual assault endured when in school. Plaintiff NICHOLAS INCLAN (“Plaintiff”) asserts the following allegations a...

Excerpt: ...cle”). According to Plaintiff, since purchasing the Vehicle, “Plaintiff has delivered the Vehicle for repair to Defendant or its authorized repair facility(s) no less than eight (8) times for repair of nonconformity(s) to warranty, including, but not limited to defect(s) which have manifested in: unable to adjust trailer gain when trailer connected to vehicle, brake controller unable to adjust trailer brake gain, loss of communication with bo...

Excerpt: ...iff as a truck driver, and he was ensured training to get his Class-B license. Plaintiff did not receive training, however, and therefore was driving large delivery trucks without the proper license. Additionally, Plaintiff alleges that he did not receive rest breaks, meal breaks and received a warning for seeking a few days off work. Plaintiff complained about his concerns to his union representative. (Complaint ¶¶ 24- 26.) [1] Thereafter, Pla...

Excerpt: ...ociation (“HOA”). PLAINTIFF, VILLAGE WALK I CORPORATION (“Plaintiff”) alleges the following against Defendants XIAOJING CAI and XINGIANG GUO (collectively, “Defendants”): Defendants own a condominium unit, which is subject to the Declaration of Covenants, Conditions and Restrictions, and Reservation of Easements and certain bylaws (collectively, “Governing Documents”). However, Defendants violated the Governing Documents by modify...

Excerpt: ...ress Group Inc. (“Defendant AZ”), KB Int'l, Inc. (“Defendant KB”), Luckie Trading LLC (“Defendant Luckie”) and EZ Supply Group LLC (“Defendant EZ Supply”) (collectively, “Defendants”): In March 2020, Defendant Wang began his employment with Plaintiffs as the corporate secretary. Between August 26, 2022 and September 9, 2022, Defendant stole embezzled at least $4.5 million from Plaintiffs' various business bank accounts. On Sep...

Excerpt: ...��Plaintiffs”) allege the following against Defendant Shengli Zhang (“Defendant”): On March 4, 2021, Defendant was hired as a forklift driver and part of his contract was to produce evidence of a forklift operating license. On March 6, 2021, Defendant was injured while at work. “Defendant attempted to extort the sum of $30,000 from the plaintiffs in order [to] not make a worker's compensation claim.” When Plaintiffs refused to pay, Defe...

Excerpt: ...augh (“Plaintiff”) alleges the following against Defendant Darin Hubbard (“Defendant”): On July 30, 2019, Plaintiff and Defendant entered into a residential broker agreement (“Agreement”) for the purchase of real property. Prior to purchasing the property, Defendant allegedly made representations that the HVAC system had no issues and that plumbing inspection was unnecessary. After escrow closed, Plaintiff learned that the property's ...

Excerpt: ...case. Plaintiff Ismael Robles (“Plaintiff”) alleges the following against Defendants Emanate Health Foothill Presbyterian Hospital (erroneously separately sued as Citrus Valley Health Partners) (“Defendant Emanate” or “Defendant”); Dr. Miguel Alejandro Garcia; Nexxrad Teleradiology Partners; Dr. Edward A. Cefala; and Dr. Gabriel Ramirez (collectively, “Defendants”): On or about February 10, 2019, Plaintiff (then 24 years old) pres...

Excerpt: ...AN ZHAO is GRANTED, subject to the following modifications: (1) Kyoto Buffet will be re‐defined in the subpoenas to omit any reference to any employees, agents, accountants, attorneys and any other representatives acting on its behalf and (2) the subpoenas shall be limited to the time period from contract formation until the last communications between the Parties for payment of the unpaid debt. [1] Background This is a contracts case. Plaintif...

Excerpt: ...ding Party: Defendants, Mudita Health and Wellness, Inc. and Orlander Earl Robinson Tentative Ruling (1) Cross‐Defendants' Weiss Industrial Holdings, LLC's, Art Weiss, Inc.'s, Matthew A. Sawyer's, and Wendy A. Sawyer's Demurrer to Defendants'/Cross‐Complainants' FIRST AMENDED Cross‐ Complaint is SUSTAINED IN PART with leave to amend (i.e., as to 2 nd cause of action for Negligence cause of action and 4 th cause of action for Breach of contr...

Excerpt: ... a dishwasher. In 2018, Plaintiff complained about work-related pain (e.g., shoulder pain, back pain). Thereafter, in 2020, Defendant terminated Plaintiff's employment. “Defendant told Plaintiff that his termination was part of a COVID-19 pandemic related workforce reduction. However, this is pretextual at best. When Defendant reopened, many of the employees were called back, but Plaintiff and the other Hispanic employees were not given their j...

Excerpt: ...intiff ERNEST BALTIERRA alleges the following against Defendant E.D. PRODUCE, INC: In 2012, PLAINTIFF brought DEFENDANT a wholesale produce customer by the name of Restaurant Depot. DEFENDANT, orally agreed to compensate PLAINTIFF for his efforts in bringing Restaurant Depot to Defendant at the rate of not less than $2,800.00 in commissions per week. April 24, 2019, DEFENDANT ceased compensating PLAINTIFF. On April 25, 2022, Plaintiff filed a com...

Excerpt: ...g against Defendants ROSENDO FLORES GONZALEZ, 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 dated June 21, 2018; and All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiff's...