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...