Excerpt: ...Ruling (1) Defendant Alltech Inc.'s MOTION FOR SUMMARY JUDGMENT AGAINST MILLERCOORS, LLC'S CROSSCOMPLAINT is DENIED. (2) MillerCoors LLC's MOTION FOR SUMMARY ADJUDICATION AS TO FOURTH CAUSE OF ACTION FOR DECLARATORY RELIEF AGAINST ALLTECH, INC. is GRANTED. (3) Alltech, Inc.'s MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFF'S SECOND AMENDED COMPLAINT is DENIED. Background This case arises from a workplace injury. On March 4, 2018, Plaintiff Joseph Sor...

Excerpt: ...g (1) Defendant Marine America Insurance Company's Demurrer to First Amended Complaint is OVERRULED. (2) Defendant Tokio Marine America Insurance Company's Motion to Strike Portions of the Second Cause of Action of Plaintiffs' First Amended Complaint for Punitive Damages is DENIED. Background This is an insurance case. Plaintiffs Adelia Mancilla and Alfredo Mancilla (collectively, “Plaintiffs”) allege the following against Defendant Tokio Mar...

Excerpt: ...”), Brett O'Connor's, and Andrea Deligio's DEMURRER to Plaintiff's SECOND Amended Complaint is OVERRULED IN PART (i.e., 1 st‐3rd cause of actions); SUSTAINED IN PART WITH LEAVE TO AMEND (4 th cause of action); SUSTAINED IN PART WITHOUT leave to amend (5 th and 6 th causes of actions). (2) Defendants Claremont Unified School District's (“CUSD”), Brett O'Connor's, and Andrea Deligio's MOTION TO STRIKE is DENIED. Background This case arises ...

Excerpt: ...B REAL ESTATE INVESTMENTS, INC.'S DEMURRER TO PLAINTIFFS' FIFTH AMENDED COMPLAINT is SUSTAINED with 15 days leave to amend. (2) DEFENDANTS RICHARD BASH'S AND RB REAL ESTATE INVESTMENTS, INC.'S MOTION TO STRIKE PORTIONS OF PLAINTIFFS' FIFTH AMENDED COMPLAINT is MOOT. Background Plaintiffs Estate of Hugo Rivero, Jr., by and through its successors in interest, Hugo Rivero and Rubidelma Merida Damian, Hugo Rivero, Rubidelma Merida Damian and Diana Ru...

Excerpt: ...g (1) Defendant Marine America Insurance Company's Demurrer to First Amended Complaint is OVERRULED. (2) Defendant Tokio Marine America Insurance Company's Motion to Strike Portions of the Second Cause of Action of Plaintiffs' First Amended Complaint for Punitive Damages is DENIED. Background This is an insurance case. Plaintiffs Adelia Mancilla and Alfredo Mancilla (collectively, “Plaintiffs”) allege the following against Defendant Tokio Mar...

Excerpt: ...reach of a lease agreement. Plaintiffs KATHLEEN GRAHAM and GINO GAUDARRAMA (collectively, “Plaintiffs”) allege the following against Defendants JASON ABBOUD, SECOND STREET PROMENADE, LLC, a California entity, THE ABBOUD FAMILY TRUST, LAKESIDE PROPERTY and DOES 1 to 5 (collectively, “Defendants”): In May 2021, the parties entered into a 2-year lease agreement for a work/live unit. The property was then “red tagged” for building code vi...

Excerpt: ... 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 been and is held as follows: Randall Zorn owns an...

Excerpt: ...ANE ROE 2 L.J., JANE ROE 3 C.R., JANE ROE 4 T.A., JANE ROE 5 A.L., JANE ROE 6 R.R., JANE ROE 7 A.T., JANE ROE 8 L.S., JOHN ROE 1 J.W., JOHN ROE 2 A.P., JOHN ROE 3 D.D., and JOHN ROE 4 D.R. (collectively, “Plaintiffs”) allege the following against Defendant County of Los Angeles (“County”): Plaintiffs were housed in the MacLaren Hall. [1] Dozens of employees who ran, oversaw, and supervised MacLaren Hall had criminal histories over the for...

Excerpt: ...nt County of Los Angeles' Motion to Strike is MOOT. Background Plaintiffs allege the following against Defendant County of Angeles (“Defendant County” or “County”), Defendant A&JB General Contractor's Inc. (“Defendant A&JB”) and Does 1-10: The County contracted with two private companies, Renovate America and Renew Financial, to administer its Property Assess Clean Energy (“PACE”) program. The County's administrators, like Renovat...

Excerpt: ...ponses to Request for Production and Produce Documents is DENIED. (2) Plaintiffs' Motion to Deem Requests for Admissions to Be Admitted is DENIED. (3) Defendant's Demurrer is OVERRULED. Background Plaintiffs Granvista Inc. and Alvaro Garcia (collectively, “Plaintiffs”) allege the following against Defendant Rafael Oceguera (“Defendant”): Defendant was an employer of Plaintiff Granvista from 2018 to 2021 where he worked as a Director of Op...

Excerpt: ... OVERRULED. (2) Defendants HEINRICH VON DEN BENKEN and REBECCA VON DEN BENKEN's Motion to Strike to Portions of Plaintiffs' Complaint is DENIED IN PART (i.e., as to punitive damages) and GRANTED IN PART with leave to amend (i.e., as to attorney fees). Background This case arises from allegations of breach of habitability. Plaintiff Marina Garcia (“Plaintiff”) alleges the following against Defendants HEINRICH VON DEN BENKEN, an individual and ...

Excerpt: ...i”) for over a year as a prep cook. Plaintiff sustained injuries to her right hand, due to the repetitive nature of her job. Minah Rhee (“Rhee”) was one of Plaintiff's supervisors. Plaintiff notified another supervisor, Francisco Pacheco, of her injuries and asked to be sent to a doctor, but her request was denied. During her employment, Plaintiff was harassed and belittled based upon her age, disabilities, race and nationality. When Plaint...

Excerpt: ...ndant Smith & Sons Construction Inc.'s Motion For Summary Judgment, Or In The Alternative, For Summary Adjudication Of Issue As To The Complaint Of Plaintiffs Haihui Shen And Taihe Wang. is GRANTED in PART (i.e., as to second cause of action for Premises Liability) and DENIED in PART (i.e., as to first cause of action for Negligence). (2) Defendant Deutsche Bank National Trust Company's Joinder to Smith & Sons Construction Inc.'s Defendant Smith ...

Excerpt: ...On June 10, 2022, Defendant filed the instant Motion to Compel Arbitration (“Motion”). On August 9, 2022, Plaintiff filed its Opposition to the Motion. Legal Standard The Court's starting point is whether a valid agreement to arbitrate exists. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396.) A petition to compel arbitration must allege both (1) a “written agreement to arbitrate” the controversy, and (2) that a party to that agreeme...

Excerpt: ...s JACK LIN'S, ACT CONSTRUCTION, LLC aka ACT CONSTRUCTION, INC.'S, and ACT HOLDING INVESTMENTS, LLC's DEMURRER to Plaintiff's Unverified Complaint is OVERRULED IN PART (i.e., first, second, and third causes of action for breach of contract) and SUSTAINED IN PART with leave to amend (i.e., as to fourth‐seventh causes of actions). (2) Defendants JACK LIN'S, ACT CONSTRUCTION, LLC aka ACT CONSTRUCTION, INC.'S, and ACT HOLDING INVESTMENTS, LLC's MOTI...

Excerpt: ...ARTY RODRIGUEZ REAL ESTATE, INC.'S, MARTY RODRIGUEZ'S AND NADINE HERNANDEZ'S Demurrer to First Amended Complaint is SUSTAINED in part with leave to amend (only as to NHernandez for the first cause of action) and OVERRULED in part (first cause of action as to Marty Rodriguez Real Estate and Marty Rodriguez and second‐eighth causes of actions). (2) Defendants' MARTY RODRIGUEZ REAL ESTATE, INC.'S, MARTY RODRIGUEZ'S AND NADINE HERNANDEZ'S Motion to...

Excerpt: ... Valenzuela, deceased Tentative Ruling SPECIALLY APPEARING DEFENDANT MARTIN ANDALUZ ABARCA'S (“ABARCA”) MOTION TO QUASH PURPORTED SERVICE OF SUMMONS AND COMPLAINT BY PUBLICATION FOR LACK OF PERSONAL JURISDICTION is GRANTED. Background This lawsuit arises out of a July 9, 2017 fatal motor vehicle collision. On May 24, 2019, R&R Auto Group, Inc. (erroneously named and served as R&R Auto Group and also erroneously named as Ranes & Ranes) (“R&R...

Excerpt: ...ing against Defendants FS Solutions Inc., Defendant Irwindale Industrial Clinic, and Does 1 through 20 (collectively, “Defendants”): Plaintiff worked for Keolis Transit America, Inc. as a bus driver. Keolis asked Plaintiff to take a random drug test. Kelois was under contract and in-privity of contract with Defendants for Defendants to perform drug testing on Keolis's employees. Despite Plaintiff never using illegal drugs, Plaintiff's drug te...

Excerpt: ...Hu is SUSTAINED WITHOUT LEAVE TO AMEND. (2) Defendants Jia Fu Chang's and Sufan Fei's Motion to Strike the Complaint of Lion Tools LLC and Weijin Hu is MOOT. Background Plaintiffs Lion Tools LLC (“Company”) and Weijin Hu (“Plaintiff Hu”) (collectively, “Plaintiffs”) allege the following against Defendants Jia Fu Chang (“Defendant Chang”): Plaintiff Hu operates Lion Tools LLC and Defendant Chang is an employee of the Company. Defen...

Excerpt: ...armen Noriega's, a disabled adult, by and through her Guardian Ad Litem, Maria Febus, Motion to Compel Further Responses to Requests for Production of Documents, Two is DENIED. Request #74 is to be modified. No monetary sanctions awarded. Background This is a medical malpractice case. Plaintiff Carmen M. Noriega, a disabled adult, by and through her Guardian Ad Litem, Maria Febus (“Plaintiff”) alleges the following against Defendants The Shad...

Excerpt: ...ant Honda filed its Answer. On July 8, 2022, Defendant Honda filed the instant Motion to Compel Arbitration and Stay Proceedings (“Arbitration Motion” or “Motion”). On July 20, Plaintiff filed an Opposition to the Arbitration Motion. On July 26, 2022, Defendant filed its Reply. Legal Standard The Court's starting point is whether a valid agreement to arbitrate exists. (Cruise v. Kroger Co. (2015) 233 Cal.App.4th 390, 396.) A petition to c...

Excerpt: ...ntiff alleges that Defendant AYR, Inc. (“Defendant”) has failed to design, construct, maintain and operate its website to be fully accessible to and independently usable by Plaintiff and other blind or visually impaired people. On May 27, 2021, Plaintiff filed suit against Defendant and Does 1-10 for: 1. Violations of the Unruh Civil Rights Act [1] On July 21, 2021, Defendant's default was entered. On October 25, 2021, the court denied withou...

Excerpt: ...ts from Defendant Medical Engineering for retail sale. During discussions, Elisa Chan (“Defendant Chan”) represented that Medical Engineering was a dependable and reputable supplier. Lonnie Banks (“Defendant Banks”) quoted a total price of $83,392.00 for the goods. On October 13, 2021, Medical Engineering sent plaintiff an invoice, confirming the proposal (the “Invoice”). The Invoice provided that the “ship date” for the goods in ...

Excerpt: ...IO is GRANTED. Discovery is re‐opened only for the limited purpose of deposing Asencio. Background Plaintiff Pomona Valley Hospital Medical Center (“Pomona Valley”) alleges that Plaintiff was underpaid for emergency medical services Plaintiff provided to members of Kaiser Foundation Health Plan, Inc. (“Kaiser”), both during the term of the parties' contract, and after the termination of the contract. On November 14, 2017, Plaintiff file...

Excerpt: ...dants Fleet Capital, Inc., Best Allegiance Foreclosure and Lien Services Corp., Inco Builders (collectively “Defendants”), and Does 1 through 25 for: 1. Violation of California's Non-Judicial Foreclosure Statutes, 2. Wrongful Foreclosure, 3. Conversion, 4. Unfair Business Practices, and 5. Declaratory Relief. On August 3, 2021, Plaintiff filed a Notice of Lis Pendens. On January 5, 2022, Defendant Inco Builders (“Defendant”) filed a Motio...

Excerpt: ...ANTED. Background Plaintiff Cielo Rosado (“Plaintiff”) alleges on September 28, 2020, she sustained injuries after being struck by a train near Santa Anita and the Wash near Valley Boulevard in the City of El Monte. “Plaintiff gained access to the incident site through a fence. The fence had served as a thoroughfare to the incident site and is commonly used as a means of access to the incident site.” (Complaint ¶11.) On August 12, 2019, ...

Excerpt: ...): Plaintiff, Giggs Lei Tentative Ruling (1) Defendant Best Living Int'l Inc's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED in part and OVERRULED in part. (2) Defendant Jian Zhang's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED in part and OVERRULED in part. (3) Defendant Wenjie Kuang's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED in part and OVERRULED in part. (4) Defendants' Motion to Strike Portio...

Excerpt: ...�) alleges as follows: On or about November 10, 2018, Plaintiff needed to pull over while driving his vehicle on the Eastbound interstate 10 freeway. Plaintiff could not see the blunt end of the temporary k-rails on the shoulder of the freeway in the dark and collided with them, which resulted in catastrophic injuries to Plaintiff, including but not limited to a severed right leg, traumatic brain injury, broken left clavicle, cut to the top his h...

Excerpt: ...t (“SBA”) case. On April 5, 2019, Plaintiff filed suit against Defendant Ford Motor Company for violations of the SBA after his 2016 Ford F-150 developed defects during the warranty period. On May 8, 2019, Defendant filed its Answer. On November 16, 2020, Plaintiff filed a motion to compel further responses and documents to Plaintiff's Request for Production of Documents, Set No. One, Nos. 16, 18-23, and 59-61, on which the court on March 19,...

Excerpt: ...s Motion to Compel Further Written Response and the Documents Sought in Request for Production, Set No. Two Against Plaintiff Cathay Bank and for Monetary Sanctions of $1,860 against Plaintiff is DENIED. Monetary Sanctions are Imposed on Defendants and Defense Counsel in the amount of $1,375.00. Background This case arises from Defendant National Progress Inc.'s purported default of a promissory note. On June 2, 2020, Plaintiff Cathay Bank filed ...

Excerpt: ... amount of $810. Background Plaintiff alleges as follows: Michael (Plaintiff) and Hassan (Defendant) are cousins. Hassan would tell Michael that he has a long history of successfully managing and investing money, even giving examples of his success in investor's competitions. Hassan told Michael that there was another competition coming up if Michael was interest and that in this competition, each investor would invest $1,000,000.00 instead of $1...

Excerpt: ...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). Leave to amend is to be determined. [1] 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; ...

Excerpt: ...ground This case addresses grievances maintained by plaintiff Shelly Hart (“Plaintiff”) against a variety of defendant parties. Plaintiff filed her original Complaint on November 12, 2019, alleging nine causes of action, most of them related to alleged defects in residential properties that Plaintiff rented from several of the defendants for a time between 2009 and 2019. Plaintiff's original Complaint also includes as a defendant the law firm...

Excerpt: ...nna Guzman (“Guzman”) alleges that Defendants Bentley Mills, Inc. (“Defendant”) and Does 1 through 100 (collectively, “Defendants”) jointly and severally acted intentionally and with deliberate indifference and conscious disregard to the rights of all employees in (1) failing to pay all meal period wages and rest break wages, (2) failing to properly calculate and pay all minimum and overtime wages, (3) failing to provide accurate wage...

Excerpt: ...intiff Qingdao Huarui Furniture (“Plaintiff”) within the last four years on an open book account for goods, wares and merchandise provided at the special instance and request of Defendant and for which Defendant promised to pay Plaintiff. On December 9, 2020, Plaintiff filed suit against Defendant and Does 1-10 for: 1. Open Book Account and 2. Account Stated Plaintiff's Prayer for Relief is for the principal sum of $188,886.93 per cause of ac...

Excerpt: ...Raising Cane's USA, LLC's (“Defendant”) Labor Code violations. On April 27, 2021, Plaintiff Elijah Kouyoumdjian (“PLAINTIFF”), on behalf of the people of the State of California and as an “aggrieved employee” acting as a private attorney general under the Labor Code Private Attorney General Act of 2004, § 2699, et seq. (“PAGA”) filed suit against Defendant and Doe Defendants. On January 21, 2022, the Parties settled. [1] On June ...

Excerpt: ...LC (“Ash USA”) and Ashraf Bawa (“Bawa”) (collectively, “Defendants”) wherein Defendants agreed to sell Plaintiff 3.6 million disposable safety gloves in exchange for $270,000.00. On/around July 24, 2020 and on/around July 27, 2020, Plaintiff wired monies to Defendant as part of the 30% deposit amount demanded. On or around July 28, 2020, as per the contract, Defendants provided Plaintiff with a bill of lading as proof that the product...

Excerpt: ...against Defendants Fleet Capital, Inc., Best Allegiance Foreclosure and Lien Services Corp., Inco Builders (collectively “Defendants”), and Does 1 through 25 for: 1. Violation of California's Non-Judicial Foreclosure Statutes, 2. Wrongful Foreclosure, 3. Conversion, 4. Unfair Business Practices, and 5. Declaratory Relief. On August 3, 2021, Plaintiff filed a Notice of Lis Pendens. On November 10, 2021, Defendant Inco Builders filed its Motion...

Excerpt: ...HER RESPONSES FROM DEFENDANT JMA LEGACY, INC. TO PLAINTIFF'S DEMANDS FOR PRODUCTION OF DOCUMENTS, SET ONE Responding Party: Defendants JMA Legacy Inc., Luis Eduardo Fajardo, and Sergio Omar Becerra's Tentative Ruling (1) Plaintiff's MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT LUIS EDUARDO FAJARDO TO PLAINTIFF'S DEMANDS FOR PRODUCTION OF DOCUMENTS, SET ONE is DENIED. (2) Plaintiff's MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT SERGIO OM...

Excerpt: ...nature Realty and Linda Young's Motion to Continue Trial and All Other Related Dates is DENIED. Background Plaintiff Virginia Asset Partners, LLC dba as Virginia Assets LLC (“Plaintiff”) alleges the following against Defendants USM INVESTMENTS, INC. (“Defendant USM”), a California corporation; SERGIO ULLOA (“Ulloa”), [1] individually and as president of USM Investments, Inc., a California corporation; HERMAN CARRILLO, an individual; R...

Excerpt: ...errogatory No. 2. is DENIED. Sanctions are imposed on Defendant and Defense Counsel in the amount of $930. Background This is a complaint to quiet title to prescriptive easement and equitable easement and for declaratory relief. Plaintiff City of Pomona (“City”) alleges the following against Defendants Ali Tavuna, [1] Platinum Home Mortgage Corporation, and the County of Los Angeles (collectively, “Defendants”): Beginning in 1971, the Cit...

Excerpt: ...ts. Plaintiff Paragon Partners Investment (“Plaintiff”) alleges the following against Defendant Wash Multifamily Laundry Systems, LLC (“Defendant”): In 2000, the Parties entered into a lease involving coin-operated laundry equipment. Thereafter, Plaintiff numerous complaints to Defendant of the equipment not working properly. In 2019, the Parties, despite experiencing a breakdown in their relationship, began discussing a new lease for equ...

Excerpt: ...iff to change reference(s) from the Los Angeles Municipal Code Chapter XV Rent Stabilization to City of Pomona Housing Code(s). [1] (2) Defendant Luz Maria Perez Motion to Strike Portions of Plaintiffs' Complaint is DENIED. Background This case arises from a landlord-tenant dispute. Plaintiffs Manuel Gonzalez and Silvia Loeza (collectively, “Plaintiffs”) allege the following against Defendant Luz Maria Perez (“Defendant”): Plaintiffs are ...

Excerpt: ...nd This is a wrongful foreclosure case. Plaintiff Ih Heen Chang (“Plaintiff”) alleges the following against Defendants Aegis and Ashwood TD Services, LLC (“Defendant Ashwood”): In 2018, Plaintiff entered into a written loan agreement wherein she secured $50,000 secured by the Property. Plaintiff fell behind on her payments. On January 8, 2020, a Notice of Default (“NOD”) and Election to Sell Under Deed of Trust was recorded on the Pro...

Excerpt: ...operty (“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 Defendant. In addition to purchasing the Property, Defendant Wang purportedly paid $185,000 to certain furniture which was in the home. However, when Defendant took possession of the home, the furnitur...

Excerpt: ...) Plaintiff K Chan's cause of action for Promissory Estoppel and (2) Defendants' Causes of Action for Breach of Contract/Lease and Intentional Damage to Real Property. Background This case arises from a dispute about the joint purchase of real property (“Property”) in 2005. Kaymi Chan (“K Chan”), Fred Lapwo Chan (“F Chan”) (collectively, “Plaintiffs”), and On Chan (“Defendant O Chan”) are siblings. According to Plaintiffs, at ...

Excerpt: ...case. Plaintiff purchased a new 2021 Ford F 150 Crew Cab truck (the “Subject Vehicle”) on September 7, 2021. On March 7, 2022, Plaintiff filed suit against Defendant. On March 22, 2022, Defendant filed the instant Motion to Compel Arbitration (“Motion”). On June 21, 2022, Plaintiff filed its Opposition to the Motion. On June 27, 2022, filed it's Reply Brief. Legal Standard The Court's starting point is whether a valid agreement to arbitra...

Excerpt: .... On or about August 28, 2018, Plaintiff and Defendants Qi Deng (“Deng”), Jessie Feng (“Feng”), Sumei Zhang aka Salina Zhang (“Zhang”) and Kin Kong Hon (“Hon”) (collectively, “Defendants”) entered into a written Guaranty of Lease (“Guaranty”), wherein Defendants, jointly and severally, guaranteed the prompt payment of a third- party company (i.e., Shota Sushi & Grill, LLC [“Tenant”]) of rents and other sums due under a...

Excerpt: .... (“Plaintiff”) alleges the following against Defendant FRANCISCO J. CERVANTES aka FRANCISCO JAVIER CERVANTES aka FRAN CISCO CERVANTES, individually and dba FAIRWAY TRANSPORTATION SERVICE (hereinafter "Defendant" or "Cervantes"): the Parties entered into an agreement wherein Plaintiff agreed to finance the purchase of one 2016 Volvo 9700, VIN 3CET2V222G5173275 (hereinafter the "Collateral") to Defendant. In exchange, Defendant agreed to make ...

Excerpt: ...in the Alternative the Name “Dan Tseng” From the Second Amended Complaint is GRANTED without leave to amend. Background Plaintiff Zhuhai Star Sports Equipment Co., Ltd (“Plaintiff”) alleges as follows: Plaintiff is a Chinese manufacturer of sports helmets for wholesale delivery to Costco per Costco's specifications for sale to the public and BlueSky Adventure Products LLC (“Defendant”) is a distributor. On or about April 19, 2019, Def...

Excerpt: ...atters Are Stayed Pending Arbitration. (2) Defendants Hanmi Bank's and Andrew Chong's Demurrer to Plaintiff's Second Amended Complaint is MOOT, as All Matters Are Stayed Pending Arbitration. Background Plaintiff Sukhdev Vasisht (“Plaintiff”) alleges as follows: Sometime in 2019, Rajinder Adlakha (“Rajinder”) approached Plaintiff about selling a commercial property and a business located thereon to Plaintiff. Rajinder represented that he w...

Excerpt: ...on to Strike is MOOT. Background Plaintiff Joshua Acosta (“Plaintiff”) alleges that he was an involuntarily committed mental patient at Aurora Charter Oak Hospital in Covina, California, which is a psychiatric hospital. On or about August 7, 2018, when Plaintiff was trying to speak to his mother on the phone at the hospital, “three male employees or independent contractors, Doe Defendants 1-3, attacked him mercilessly.” They beat him all ...

Excerpt: ...ect property. The City alleges the following against Defendants Minlian Su (“Defendant Su”) and AmWest Funding Corp. (“Defendant Amwest”): Defendant Su sought a $360,000 loan from Defendant Amwest to fund a portion of the Property's purchase price. [1] Defendant Su informed Defendant Amwest that he did not intend to reside at the property. The City alleges that Defendant Amwest failed to adhere to established underwriting standards and re...

Excerpt: ... and Things Thereat is GRANTED in part. No Sanctions. Background This case arises from damages for fraud and deceit. Plaintiff Sagar Group, Inc. dba The Camp Transformation Center—Covina (“Plaintiff”) alleges as follows: Plaintiff manages and does business as various Camp Transformation Centers (“CTC”) throughout Los Angeles and San Bernardino Counties. The CTC is a franchise specializing in physical fitness and weight loss centers. In ...

Excerpt: ...o Plaintiff Robert Mathis II's Complaint is MOOT because Plaintiff filed a Third Amended Complaint. Background This case arises from the alleged sexual assault of Plaintiff Robert Mathis II (“Plaintiff”). Plaintiff alleges that in 1975, when Plaintiff, ROBERT MATHIS, II was 6 or 7-years-old, he was repeatedly sexually assaulted while attending YMCA sponsored events by Young Men's Christian Association (“YMCA”) Pomona's Executive Director,...

Excerpt: ...ndant Benjamin Ghaffari, an individual dba Shakey's Pizza (“Defendant”): On March 1, 2019, Plaintiff and Defendant entered into a written Shopping Center Lease. Defendant breached the agreement by failing to pay rent. Plaintiff alleges that past rent totals $43,175.00 and seeks immediate possession of the Premises. On May 2, 2022, Plaintiff filed suit against Defendant and Does 1-10 for Unlawful Detainer. On May 16, 2022, Defendant filed his ...

Excerpt: ...Joshua Acosta's Motion to Strike Each Affirmative Defense Within Defendants' Joint Amended Answer to the First Amended Complaint (Except for the Eighth Affirmative Defense) Responding Party: Defendants, the Aurora Defendants Tentative Ruling (1) Plaintiff Joshua Acosta's Demurrer to Each Affirmative Defense in Defendants' (Aurora Charter Oak‐Los Angeles, LLC, Aurora Health Care, Inc, Signature Healthcare Services, LLC, Signature Healthcare Mana...

Excerpt: ... (2) Motion by Defendant State Compensation Insurance Fund to Strike Portions of the City of Pomona's Complaint is MOOT. Background This case arises from a worker's compensation claim. Plaintiff the City of Pomona (“Plaintiff”) alleges the following against Defendant State Compensation Insurance Fund (“Defendant”): Plaintiff's employee, Jerry Uribe, brought a workers compensation claim for a continuous trauma work- related claim for injur...

Excerpt: ... Other Tangible Things (Set One) (4) Plaintiff Ernesto Torres' Motion for Order Compelling Responses to Plaintiff's FROGs—Employment Law (Set One) Responding Party: Unopposed Tentative Ruling (1) Plaintiff Ernesto Torres' Motion For Order Compelling Responses to Plaintiff's Form Interrogatories (“FROGs”)—General (Set One) is GRANTED. (2) Plaintiff Ernesto Torres' Motion Compelling Responses to Plaintiff's Special Interrogatories (“SROGs...

Excerpt: ...P 4 Turbo 1000 he was sitting in rolled over onto the passenger's side. On August 14, 2019, Plaintiff filed suit against POLARIS INDUSTRIES, INC., a Delaware corporation; POLARIS SALES, INC., a Minnesota corporation; POLARIS INDUSTRIES, INC., a Minnesota corporation; SEIDNER ENTERPRISES LLC dba BERT'S MEGA MALL, a limited liability company; [1] and DOES 1-100, inclusive, for: 1. Strict Product Liability; 2. Negligence; 3. Failure to Warn; 4. Negl...

Excerpt: ...ispute between siblings. Plaintiff Jesus Macias Llamas (“Plaintiff”) alleges the following against Defendants Octavio Macias Llamas (“Octavio”) and Margarita S. Macias (collectively, “Defendants”) and Does 1-10: In 1999, Plaintiff and Octavio, who are siblings, purchased a property with the intent to provide a home for their parents. The siblings each retained a 50 percent interest in the property. The siblings made equal payments on ...

Excerpt: ...ion & Construction, Inc.'s, Edward Gonzalez's, and Alicia Rodriguez's Demurrer to Plaintiff's First Amended Complaint is OVERRULED. Defendants are to file their Answer within 30 days of this hearing. (2) Defendants' AMM Restoration & Construction, Inc.'s, Edward Gonzalez's, and Alicia Rodriguez's Motion to Strike Plaintiff's First Amended Complaint is DENIED. Background Plaintiff Bi Yueh Chou (“Plaintiff”) alleges the following against Defend...

Excerpt: ...n to Intervene is GRANTED. (2) Wilmington's Motion to Expunge Lis Pendens is GRANTED. Background Plaintiff Falguni Megha Singh alleges that she was the victim of aggravated identity theft via Defendant Capital One N.A's security breach that resulted in counterfeit forgeries. On October 10, 2019, Plaintiff filed suit against Capital One N.A. for (1) embezzlement of estate by identity theft; (2) quiet title, (3) equitable relief, (4) Slander of tit...

Excerpt: ...gainst Defendants Tony Sheng-Hsu Chen aka Tony Chen aka Tony S. Chen; Stephanie Wang; Gamesis Inc., Merske LLC (collectively “Defendants”) and Does 1-100: On September 10, 2018, Plaintiff's predecessor and Gamesis Inc. entered into a written Loan Agreement for a $400,000.00 line of credit. Thereafter, on November 6, 2019, Plaintiff and Gamesis entered into a Modification Agreement. On June 15, 2020, Gamesis defaulted under the loan. Gamesis o...

Excerpt: ...ff is to file and serve its SAC within 3 days of the hearing. Background This is a contracts case. Plaintiff Karpa Trading, Inc. (“Plaintiff”) alleges the following against Defendants: Plaintiff is a seafood wholesaler importing and exporting seafood to restaurants. Plaintiff and Defendants have engaged in previous contracts. Defendants, however, have not paid for 13 invoices. In total, Kyoto has a past due balance of $48,083.25. On September...

Excerpt: ... case. Plaintiff Carmen M. Noriega, a disabled adult, by and through her Guardian Ad Litem, Maria Febus (“Plaintiff”) alleges the following against Defendants The Shadow Mountain Country Home (“Assisted Living Home” or “Shadow Mountain”), Elna Villaflor, Ernesto Moreno, Andrea Batta, Chino Valley Medical Center Auxiliary (“Hospital”), Veritas Health Services, Inc., Ashok Madahar, M.D. (“Doctor Madahar”) (collectively, “Defen...

Excerpt: ...3450 Brooks, Unit A, Baldwin Park, CA 91706 to Cloud Control, Inc., Jefferson Liou, and Does 1 through 10 (collectively, “Defendants”). [1] The Parties executed an addendum to the lease on January 5, 2018. (Complaint ¶¶21-22.) According to Plaintiff, within the last four (4) years, Defendants breached the lease and became indebted to Plaintiff in the amount of $420,903.94 by “failing to pay rent, failing to pay their share in the common a...

Excerpt: ...aintiff leased a new 2020 Acura TLX (“Vehicle”) on July 23, 2020. On November 29, 2021, Plaintiff Maria Montoya Montes (“Plaintiff”) filed suit against Defendant American Honda Motor Company, Inc. (“Defendant Honda”) and Does 1-50 for violations of the Song- Beverly Consumer Warranty Act (“SBA”). On January 4, 2022, Defendant Honda filed its Answer. On March 22, 2022, Defendant Honda filed the instant Motion to Compel Arbitration ...

Excerpt: ... (“Defendant”) and Defendant DongMing Li (“Defendant Li”) for: 1. Failure to Pay all Wages 2. Failure to Provide Meal Breaks 3. Failure to Provide Rest Breaks 4. Waiting Time Penalties On September 29, 2021, this court overruled Defendant DM Farview's Demurrer on the grounds that it contended Plaintiff lacks standing to sue due to a valid and binding release, but such release was never attached in the complaint nor taken judicial notice o...

Excerpt: ...efendant Troy Criswell dba SoCal Home Improvement (“Defendant”): [1] On May 13, 2018, Plaintiffs signed a Home Improvement Contract with Defendant. The total contract price for all work (including the materials provided by Duralum) was $41,940.56. Through Defendant, the Scotts obtained a loan to finance the Project from EnerBank USA. Among other things, “Defendant failed to complete the room enclosure, install the doors, install the correct...

Excerpt: ...c.'s Demurrer with a hearing scheduled for 06/06/2022 is MOOT. The June 3, 2022, order is posted below for the convenience of counsel. The Court has set September 13, 2022, for a CMC, both parties to submit CMC statements no less than 5 court days prior to September 13, 2022. The parties may also meet and confer and select another date for the CMC that is convenient to both Counsel, the court urges the parties to contact Department R court staff ...

Excerpt: ...ntiffs allege the following against Defendant County of Angeles (“Defendant County” or “County”), Defendant A&JB General Contractor's Inc. (“Defendant A&JB”) and Does 1-10: The County contracted with two private companies, Renovate America and Renew Financial, to administer its Property Assess Clean Energy (“PACE”) program. The County's administrators, like Renovate America, in turn worked with home improvement contractors, such a...

Excerpt: ... of the headings and Website, cursor traps, and other barriers, Plaintiff was unable to fully and independently access the Website when visiting for the dual purpose of testing for compliance with the UCRA and ADA and to browse products, sign up for account, place an order, and visit the nearest brick and-mortar location.” On August 25, 2021, Plaintiff filed suit against Defendant and Does 1-10 for: 1. Violations of the Unruh Civil Rights Act [...

Excerpt: ...re: Undertaking) is DENIED. Monetary Sanctions are Imposed on Defendants in the Amount of $1,700. Background This is a breach of contract and fraud case. Sing Hui Cheung (“Plaintiff”) alleges as follows: Plaintiff was approached by Xiangjie Zhou aka Johnny Zhou (“Defendant Zhou”) with an investment opportunity. Defendant Zhou proposed that Plaintiff invest around $100,000.00 in a new seafood import venture with him. Defendant Zhou subsequ...

Excerpt: ...nd interstate 10 freeway. Plaintiff could not see the blunt end of the temporary k-rails on the shoulder of the freeway in the dark and collided with them, which resulted in catastrophic injuries to Plaintiff, including but not limited to a severed right leg, traumatic brain injury, broken left clavicle, cut to the top his head, cut to the back of his right hand, and abrasion to the right side of his foot. Plaintiff was a professional Muay Thai f...

Excerpt: ...bject to clarification about whether Defendants seek to continue discovery deadlines. See Conclusion section.] Background This case arises from allegations of fraud. Plaintiffs Donghong Deng and Xueyun Zou (collectively, “Plaintiffs) allege the following against Defendants East West Bank (“Defendant Bank”), Linda Fang (“Defendant Fang”) (collectively, “Defendants): Plaintiffs had $2,300,000.00 in their bank account with Defendant East...

Excerpt: ... “Defendants”): the parties entered into a contract wherein Defendants would sell Plaintiff's products. The contract specifically authorized Defendants to use Plaintiff's Amazon plaintiff and did not authorize Defendants to sell on any other account in Amazon or platform. Defendants allegedly breached the contract by selling products on other platforms. On November 1, 2021, Plaintiff filed suit against Defendants and Does 1-50 for: 1. Breach ...

Excerpt: ...vene as Party Plaintiff Pursuant to Labor Code Section 3853 and CCP Section 376 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 accumulate in th...

Excerpt: ...fendant JPMorgan Chase Bank's Motion Compelling Plaintiff to Respond to Written Discovery and Produce Responsive Documents is GRANTED. Background This is a fraud case. Plaintiff Cilleana Bradley (“Plaintiff”) alleges the following against Defendants Chase Bank, LLC; Maryann Porras; and Laila Spiro Haddad (collectively, “Defendants”) [1] : Defendants refused Plaintiff's attempts to open a Chase Bank account. After asserting her a legal rig...

Excerpt: ...with leave to amend. 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 accumulate in the area near the docking and charging station of large containers ("Dang...

Excerpt: ...suit against Defendants National Progressive Inc., Tony Hsu (the guarantor on the commercial loan), and Does 1 through 100 for: 1. Breach of Promissory note, 2. Breach of Guarantee, 3. Foreclosure of Security Agreement, and 4. Money Lent On December 2, 2020, the court granted Defendants' ex-parte application to Set Aside Default and Default Judgment. On December 2, 2020, Defendants answered. On January 5, 2022, the court granted Defense Counsel C...

Excerpt: ...��Plaintiffs”) allege as follows: Plaintiffs were students at Arroyo High School (“Arroyo”) within the El Monte Union High School District (“District”) during the 2016-2017 school year. Plaintiffs were sexually abused and harassed during this time period by Daniel Rios (“Rios”), a substitute teacher and track coach at Arroyo. On March 27, 2019, Plaintiffs filed a Complaint, asserting causes of action against District, Angelita Gonza...

Excerpt: ...n's Counsel J ack W. Chao, and Pleadings Sanctions to Strike the Motion for Summary Judgment Filed by Defendant April Lin Set for Hearing on May 2, 2022 is GRANTED IN PART. The Motion for Summary Judgment is TAKEN OFF CALENDAR. Background This case arises from alleged misrepresentations in leasing a property. Plaintiff Yan Li (“Plaintiff”) owns the property located at 20711 E. Mesarica Road in San Dimas (“Property”) and manages same throu...

Excerpt: ...e California Labor Code Private Attorneys General Act of 2004 (“PAGA”). Plaintiff Michael Pearson (“Representative Plaintiff” or “Plaintiff”) alleges as follows: he was hired by Defendants Industrial Apple, Inc. (“Defendant Industrial Apple”), W.H.P.M., Inc. (“Defendant WHPM”), and John Wan (collectively, “Defendants”) as an Assembly Line Worker on or about May 31, 2020. Plaintiff worked for Defendants up until on or about...

Excerpt: ...vices, such as rental garments, to Defendant from on or around June 11, 2019 until June 10, 2022. Defendant breached the Agreement by failing to pay a balance of $27,823.43. As a result, Plaintiff terminated the Agreement for cause. Per the Agreement, if the Agreement is terminated by Plaintiff for cause at any time, Plaintiff would be entitled to recover as liquidated damages the greater of (i) 50% of Defendant's average weekly invoice total for...

Excerpt: ...,478.24. Defendant presumably breached the agreement by failing to pay rent in the total sum of $100,147.68 and has not vacated the premises. On March 17, 2022, Defendant filed a Demurrer to the Complaint for UD on 2 grounds: 1. The pleading does not state facts sufficient to constitute a cause of action, 2. The pleading is uncertain. On April 19, 2022, Plaintiff filed its Opposition. On April 22, 2022, the court denied Plaintiff's ex-parte appli...

Excerpt: ...efendant Kindred”) and Keck Hospital of USC (“Defendant Keck”) (collectively, “Defendants”): Plaintiff is mentally incapacitated due to encephalopathy, unconsciousness, the effects of numerous medications, and other conditions. Plaintiff was resident of Defendant USC from on or about March 15, 2020 through on or about April 7, 2020. Plaintiff was resident of Defendant Kindred from on or about April 7,2020 through on or about September 2...

Excerpt: ...is GRANTED. Background The following factual background was taken from Petitioner's Petition: Figueroa Street and Fifth, LLC (“Fig & 5th” or “FS&F”) leases real property to operate a commercial car wash from New Age Kaleidoscope, LLC (“New Age” or “NAK”) pursuant to a March 1, 1989 Standard Form Lease (the “Lease”). Pursuant to the Lease, monthly rent owed during an option period was to be determined by binding arbitration. In...

Excerpt: ...llege the following against Defendants Jia Fu Chang (“Defendant Chang”): Plaintiff Hu operates Lion Tools LLC and Defendant Chang is an employee of the Company. Defendant Chang later left the Company but came back around June 2018 to “spread the rumor that Plaintiff's company was established for immigration purposes and all the employees shall leave Plaintiff's company because the company would not go far.” On May 11, 2020, Plaintiff file...

Excerpt: ... Respondents William Weng and Li Jie Zhang (collectively, “Respondents): On December 13, 2018, the parties entered into an Agreement wherein Petitioners agreed to sell their adult day care business, known as Forever Young Adult Health Day Care Center, located in the city of Baldwin Park to Respondents for a purchase price of $750,000 with an initial deposit of $25,000 and another $25,000 as an increased deposit. The balance of the purchase pric...

Excerpt: ...ments and Things, Set One is GRANTED. (2) Defendant Nila's Motion to Compel Answers, Without Objections, for Special Interrogatories (“SROGs”), Set No. One is GRANTED. Background This case arises from an alleged breach of a Declaration of Covenants, Conditions, and Restrictions (“CC&Rs”). Plaintiff Alosta Place Homeowners Association (“Plaintiff”) alleges the following against Defendants Daniel Esposito (“Defendant Daniel”) and Ni...

Excerpt: ...ound interstate 10 freeway. Plaintiff could not see the blunt end of the temporary k-rails on the shoulder of the freeway in the dark and collided with them, which resulted in catastrophic injuries to Plaintiff, including but not limited to a severed right leg, traumatic brain injury, broken left clavicle, cut to the top his head, cut to the back of his right hand, and abrasion to the right side of his foot. Plaintiff was a professional Muay Thai...

Excerpt: ...Plaintiff Disability Services Corporation (“Plaintiff” or “DSC”) alleges the following against Defendant Butterfield (“Defendant Butterfield” or “Butterfield”): On or about October of 2017, Butterfield was appointed president of DSC's board. DSC is a registered charitable trust. After being appointed president, Butterfield embarked on a series of unlawful acts for the purpose of embezzling, and using for his personal use, $350,000...

Excerpt: ...t Amended Complained Responding Party: Plaintiffs, Joshua Acosta and Veronica Gallegos Tentative Ruling (1) Defendants Aurora Charter Oak—Los Angeles, LLC's; Aurora Health Care Inc.'s; Signature Healthcare Services LLC's; Signature Healthcare Management, Inc.'s; and Todd Smith's DEMURRER to Plaintiff's First Amended Complained is OVERRULED IN PART and SUSTAINED IN PART. [Leave to Amend varies for each cause of action.] (2) Defendants Aurora Cha...

Excerpt: ...Offices of Scott Warmuth, a California corporation (“Warmuth Defendants”); Michael (Che-Yang) Chen, an individual (“Chen”); and Does 1 through 100, inclusive (collectively “Defendants”): Plaintiff is an inventor who creates software that provides virtual classroom experiences in developing countries. In 2012, Plaintiff hired Chen to perform services related to obtaining international patents on his software, including filing provision...

Excerpt: ...bania Solutions, Inc., a line of credit loan, evidenced by Promissory Notes, and a Business Loan Agreement. Both loans were personally guaranteed by Defendant Kwean Hee Choi, aka Kwan H. Choi, aka Kwahee Choi and Choi Kwahee. Defendant, Albania Solutions, Inc. also granted a blanket security interest to Cathay Bank covering its personal property assets, securing the loan. Plaintiff Cathay Bank seeks both a money judgment for the sums due on the l...

Excerpt: ...equest for money via a Craigslist Ad (“Ad”). Specifically, the Ad, in pertinent part, reads: “Looking for someone with money sitting in the bank who is interested in putting it to work to make more money . . . Would love to meet in person at my facility. Will do a notarized contract and will show you all proof that we are a legitimate business. I have been at my location for 4 years and [I] have a lease (not going anywhere). Your money will...

Excerpt: ...t Objections, For Form Interrogatories (“FROGs”) Set One is GRANTED. (2) Defendant Nila's Motion to Compel Answers, Without Objections, for Further Requests for Admissions (“RFAs”)—Truth of Facts, Set No. One is GRANTED. Background This case arises from an alleged breach of a Declaration of Covenants, Conditions, and Restrictions (“CC&Rs”). Plaintiff Alosta Place Homeowners Association (“Plaintiff”) alleges the following against...

Excerpt: ...PI Properties No. 66, LLC (“Defendant PI”) [1] and Does 1 through 100 for: 1. Narcotics Abatement, 2. Public Nuisance, 3. Violation of El Monte Municipal Code, 4. Violation of Unfair Competition Law, and 5. Violation of MAUCRSA On March 11, 2021, Plaintiff filed a Notice of Lis Pendens. On May 13, 2021, Defendant PI Properties No. 66, LLC filed its Answer. On August 12, 2021, Plaintiff filed a Request for Entry of Default Judgment against Def...

Excerpt: ...his is a negligence case. Plaintiff Leticia Valdez (“Plaintiff”) alleges the following against Defendants FS Solutions Inc., Defendant Irwindale Industrial Clinic, and Does 1 through 20 (collectively, “Defendants”): Plaintiff worked for Keolis Transit America, Inc. as a bus driver. Keolis asked Plaintiff to take a random drug test. Kelois was under contract and in-privity of contract with Defendants for Defendants to perform drug testing ...