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2023.06.02 Demurrer 006
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.06.02
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...
2023.05.31 Application for Default Judgment 789
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.05.31
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 ...
2023.05.30 Demurrer 914
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.05.30
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...
2023.05.18 Application for Default Judgment 049
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.05.18
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...
2023.05.16 Motion for Summary Judgment 396
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.05.16
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...
2023.05.11 Application for Default Judgment 559
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.05.11
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...
2023.05.03 Motion to Compel Further Responses 029
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.05.03
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...
2023.05.03 Demurrer to SAC 563
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.05.03
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...
2023.05.03 Application for Determination of Good Faith Settlement 437
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.05.03
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...
2023.05.02 Demurrer, Motion to Strike 964
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.05.02
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...
2023.05.02 Demurrer to FAC 883
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.05.02
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 ...
2023.05.01 Motion for Good Faith Settlement Determination 035
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.05.01
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...
2023.05.01 Motion for Summary Judgment 794
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.05.01
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...
2023.04.27 Motion to Compel Further Discovery Responses, for Sanctions 712
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.04.27
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...
2023.04.19 Motion to Quash Subpoenas of Records 216
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.04.19
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...
2023.04.19 Demurrer to SAC 893
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.04.19
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...
2023.04.12 Motion to Compel Arbitration and Stay Action 991
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.04.12
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...
2023.04.12 Motion for Attorney Fees 279
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.04.12
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...
2023.04.10 Motion to Compel Arbitration and Stay Proceedings 972
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.04.10
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...
2023.04.10 Motion for Summary Judgment 396
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.04.10
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...
2023.04.05 Demurrer, Motion to Strike 026
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.04.05
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 ...
2023.04.05 Demurrer 045
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.04.05
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...
2023.04.04 Demurrer, Motion to Strike 800
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.04.04
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...
2023.03.23 Motions to Compel 766
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.03.23
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...
2023.03.23 Motion for Terminating Sanctions 320
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.03.23
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...
2023.03.22 Application for Right to Attach Order 421
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.03.22
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...
2023.03.21 Motion for Summary Adjudication 767
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.03.21
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...
2023.03.21 Demurrer, Motion to Strike 055
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.03.21
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...
2023.03.20 Motion to Compel Deposition of PMK 953
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.03.20
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...
2023.03.20 Motion to Compel Arbitration and Stay Proceedings 021
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.03.20
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...
2023.03.20 Demurrer to FAC 487
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.03.20
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...
2023.03.14 Petition to Compel Arbitration and Appoint Arbitrator 615
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.03.14
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 ...
2023.03.10 Motion to Compel Arbitration and Stay Proceedings 871
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.03.10
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 ...
2023.03.09 Motion to Quash Subpoenas of Records 216
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.03.09
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...
2023.03.01 Motion for Leave to File Complaint 879
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.03.01
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...
2023.03.01 Application for Default Judgment 387
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.03.01
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...
2023.02.28 Demurrer to FAC 580
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.02.28
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...
2023.02.28 Demurrer 621
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.02.28
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. ...
2023.02.27 Demurrer to FAC, Motion to Strike 253
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.02.27
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...
2023.02.24 Motion to Compel Further Responses, for Sanctions 737
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.02.24
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 ...
2023.02.22 Motion to Set Aside or Vacate Judgment 267
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.02.22
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...
2023.02.22 Demurrer 447
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.02.22
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...
2023.02.17 Motion for Summary Judgment 777
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.02.17
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...
2023.02.17 Application for Default Judgment 461
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.02.17
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 ...
2023.02.15 Motion for Attorney Fees 242
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.02.15
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...
2023.02.15 Demurrer, Motion to Strike 098
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.02.15
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...
2023.02.15 Demurrer 419
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.02.15
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...
2023.02.14 Demurrer 785
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.02.14
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...
2023.02.08 Demurrer to TAC, Motion to Strike 706
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.02.08
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 ...
2023.02.07 Demurrer, Motion to Strike 487
Location: Los Angeles
Judge: Falls, Thomas
Hearing Date: 2023.02.07
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�...

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