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

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

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

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

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

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

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

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

Excerpt: ...s $60,000. Defendants were to repay the loan in 6 months, in addition to $36,000 in interest. To date, Defendants have not paid Plaintiff $96,000. On June 9, 2022, Plaintiff filed the instant suit. On June 9, 2022, Defendants were served via personal service (POS filed on 07/14). On July 14, 2022, default was entered against Defendants. That same day, Plaintiff filed the instant application for entry of default judgment. Discussion Plaintiff seek...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...g against Defendants ROSENDO FLORES GONZALEZ, individually and as Trustee of the Rosendo Flores and Elvia Gonzalez revocable living trust dated June 21, 2018; ELVIA GONZALEZ, individually and as Trustee of the Rosendo Flores and Elvia Gonzalez revocable living trust dated June 21, 2018; and All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiff's...