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: ...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: ...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: ... (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�...