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: ...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: ...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: ... (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...