Excerpt: ...otion to Set Aside/Vacate Default The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff filed this action on September 6, 2019 against Defendants R.L.C.S. Inc. and Red Line Courier Service alleging various FEHA claims relating to Plaintiff's employment with Defendants. Defendant R.L.C.S. Inc. (“Defendant”) filed an answer and has been engaged in the litigation process a...

Excerpt: ...mended Complaint The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Juan Resendez (“Plaintiff”) filed this wrongful termination action on November 1, 2021 against Defendant Pepperdine University (“Defendant”). Plaintiff now moves for leave to file a First Amended Complaint to add class action allegations and a cause of action for unfair competition. Defendant opp...

Excerpt: ...enin Home Fashion, Inc., Jenin Home Furnishing, Inc., and Eyad Jebarah RESPONDING PARTY: Plaintiff Elias Barrera Motion To Strike Plaintiff's Disability Related Claims Under Code of Civil Procedure § 128.7 and for Sanctions in the Amount of $13,734.60 The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Elias Barrera filed this action on March 11, 2020 against Defendants ...

Excerpt: ... ORDER AWARDING MONETARY SANCTIONS AGAINST DEFENDANT DEVON SPIERLING AND DEFENSE COUNSEL IN THE SUM OF $960; PLAINTIFF'S MOTION TO COMPEL DEFENDANT DEVON SPIERLING'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES, SET ONE, AND MONETARY SANCTIONS AGAINST DEFENDANTS AND DEFENSE COUNSEL IN THE SUM OF $960; PLAINTIFF'S MOTION TO DEEM THE TRUTH OF MATTER SPECIFIED IN REQUEST FOR ADMISSIONS, SET # 2 (PROPOUNDED UPON DEFENDANT THE RESERVE LOUNGE, LLC) AN...

Excerpt: ... Defendant City of Baldwin Park Motions to Compel Defendant City of Baldwin Park to Provide Responses to: Request for Admission and Form Interrogatories General (Set Two), Request for Production of Documents (Set Three), and Special Interrogatories (Set Four) The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND On May 8, 2020, Plaintiff Suzanne Ruelas (“Plaintiff”) commenced thi...

Excerpt: ...ON PROCEEDINGS MOVING PARTIES: Defendants Acadia Healthcare Company, Inc. d/b/a Pacific Grove Hospital and Vista Behavioral Hospital, LLC RESPONDING PARTY: Plaintiff Maria Neill Motion to Compel Arbitration and Stay Litigation Pending Arbitration Proceedings The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND On March 8, 2022, Plaintiff Maria Neill filed this wrongful termination a...

Excerpt: ...Signal Restoration West LLC's Motion for Good Faith Settlement The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND This is a landlord-tenant dispute. On November 2, 2021, Stephen Fischer (“Plaintiff”) initiated this action against ERP Operating Limited Partnership (“ERP”), Equity Residential Management, LLC, (“Equity”), and Signal Restoration West, LLC (“Signal”) (c...

Excerpt: ... Laurie Gorham, Dana Trenter, and Darren Kaplan, as Co-Trustees of the Steven L. Kaplan Trust Motion to Quash Service of Summons and Complaint The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND On July 23, 2022, Plaintiffs Laurie Gorham, Dana Trenter, and Darren Kaplan, as Co-Trustees of the Steven L. Kaplan Trust (“Plaintiffs”) filed a complaint against Defendants Yuchu Chian...

Excerpt: ...t considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND On December 1, 2020, Plaintiff Community Attire, Inc. (“Plaintiff”) filed a complaint against Defendants Urban Fitz, Inc. and David Yadidsion (“Defendants”), asserting causes of action for (1) breach of contract; (2) breach of express warranty; (3) breach of implied warranty of non-infringement; (4) intentional misrepresentation; ...

Excerpt: ...IES: PLAINTIFF EXITE GROUP, INC. dba BELLA PIERRE COSMETICS RESPONDING PARTY: DEFENDANT JIN YOUNG KIM Motion for Turnover in Aid of Execution by Exite Group, Inc. dba Bella Pierre Cosmetics. Having considered Plaintiff's unopposed motion, the Court rules as follows. BACKGROUND On January 21, 2019, Exite Group, Inc. dba Bella Pierre Cosmetics (“Plaintiff”) filed a complaint. On October 16, 2020, Judgement was entered in favor of Plaintiff and ...

Excerpt: ...ng papers, opposition, and reply papers filed in connection with this motion. BACKGROUND On May 31, 2022, Plaintiff Stephen Lu (“Plaintiff”) filed this action against Defendants Edward Lo, Chang Huan Hsueh, David Wan, Wilson Ngai, and Julian Fong. The operative First Amended Complaint (“FAC”), filed on November 2, 2022, asserts causes of action for (1) breach of fiduciary duty, and (2) declaratory relief. On September 29, 2022, the court ...

Excerpt: ... for Attorneys' Fees The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff William Perez (“Plaintiff”) filed this action against Defendants FCA US LLC, Bravo Dodge Jeep Ram of Alhambra, and one hundred Doe defendants (“Defendants”) on June 21, 2022, asserting causes of action for (1) breach of express warranty under the Song-Beverly Consumer Warranty Act, (2) breach...

Excerpt: ...ntiff Nathalie Lopez Defendant American Honda Motor Co., Inc.'s Motion to Compel Arbitration and Stay Proceedings The court considered the moving papers, opposition, and reply filed in connection with this motion. BACKGROUND Plaintiff Nathalie Lopez (“Plaintiff”) filed this Lemon Law action on August 3, 2022 against Defendant American Honda Motor Co., Inc. (“Defendant”) arising out of the lease (“Lease”) of a 2019 Honda Pilot (the “...

Excerpt: ...tiff Maritsa Herrera Defendant American Honda Motor Co., Inc.'s Motion to Compel Arbitration and Stay Proceedings The court considered the moving papers, opposition, and reply filed in connection with this motion. BACKGROUND Plaintiff Maritsa Herrera [“Plaintiff”] filed this Lemon Law action on May 20, 2022 against Defendant American Honda Motor Co., Inc. (“Defendant”) arising out of the purchase of a 2021 Honda Pilot (the “Subject Vehi...

Excerpt: ...awlik Motion for Summary Adjudication by Defendant Dedicato Treatment Center The court considered the moving papers, opposition, and reply filed in connection with this motion. BACKGROUND Plaintiff Linda Jean Pawlik (“Plaintiff”) filed this action on May 22, 2020 against Dedicato Treatment Center (“Defendant”) and 10 Doe Defendants. This action arises from Defendant allegedly forcefully discharging Plaintiff from Defendant's drug and alco...

Excerpt: ...laintiff's Complaint The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff William Zhang (“Plaintiff”) filed this action on July 15, 2022 against Defendants Kemi Cai, Zexian li, Nick Chui, and Does 1 through 25. The operative Complaint asserts causes of action for (1) fraud (intentional misrepresentation), (2) fraud (concealment), (3) fraud (false promise), (4) conversi...

Excerpt: ...IAL NOTICE MOVING PARTY: Defendant City of Monterey Park RESPONDING PARTY: Plaintiff Ethan Capital, LLC. Demurrer of Defendant City of Monterey Park to Plaintiff's Complaint and Defendant City of Monterey Park's Request for Judicial Notice The court considered the moving papers, opposition, and reply filed in connection with these motions. BACKGROUND Plaintiff Ethan Capital, L.L.C. (“Plaintiff”) filed this action on August 1, 2022 against Def...

Excerpt: ...NT SHANNON VILORIA AND HER COUNSEL OF RECORD. MOVING PARTY: Plaintiff Christopher Zarbo RESPONDING PARTY: Defendant Shannon Viloria Motion to Compel Defendant Shannon Viloria's Verified Responses, without Objections, to Plaintiff's Form Interrogatories (General) (Set One) and Form Interrogatories (Construction) (Set One), and for Monetary Sanctions The Court considered the moving papers and opposition filed in connection with this motion. BACKGRO...

Excerpt: ...ONDING PARTY: Plaintiff Cindy Ortiz-Guerra Motion for Summary Adjudication by Defendants Winton Shi, L.Ac. and Xu Shi Acupuncture. The court considered the moving papers, opposition, and reply filed in connection with this motion. BACKGROUND Plaintiff Cindy Ortiz-Guerra (“Plaintiff”) filed this action on August 10, 2020, against, among others, Dr. Winston Shi (“Dr. Shi”) and Xu Shi Acupuncture (“Xu Shi”) (jointly, “Defendants”). P...

Excerpt: ...f Universal Shopping Plaza Defendant's Demurrer to Complaint The court considered the moving papers and opposition filed in connection with this motion. BACKGROUND This case is a commercial unlawful detainer for non-payment of rent involving the property located at 140 W. Valley Blvd., Unit 111, San Gabriel, CA 91776 (“Premises”). Defendant demurs to the complaint, arguing the Complaint fails to state a cause of action because Plaintiff's Thr...

Excerpt: ...laintiff Samantha McNeilly Defendant Burbank Healthcare, Inc.'s Demurrer to Plaintiff's First Amended Complaint With Motion to Strike The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Samantha McNeilly (Plaintiff) filed this action on May 3, 2022, against defendants Burbank Healthcare, Inc. (Defendant), Richard Kroop, M.D., and Mayur Patel, M.D. The operative First Amen...

Excerpt: ...onsidered the moving, opposition, and reply papers filed in connection with Defendant's motion for summary judgment, or in the alternative, for summary adjudication. BACKGROUND This case arises out of the sale of a home by Defendant Bowden Development Inc. (BDI) to Plaintiff Christopher Chung. Separate Statement of Facts (SSOF) Nos. 3-5. Plaintiff claims that at the time of the sale, Defendant knew that the home's prior owner, James Reader, died ...

Excerpt: ... Amended Complaint; Motion to Strike The court considered the moving and opposition papers filed in connection with this motion. BACKGROUND Defendants demur to Plaintiff's first amended complaint (“FAC”). Defendants also move to strike certain portions of the FAC. DISCUSSION Motion to Strike The court may strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., § 436(a).) The court may also strike all or a...

Excerpt: ...fendant Worley Group Inc. RESPONDING PARTY: Plaintiff Monica Rico Defendant Worley Group Inc.'s to Compel Arbitration and Dismiss Plaintiff's Representative PAGA Action The court considered the moving papers, opposition, and reply filed in connection with this motion. BACKGROUND On January 24, 2022, Plaintiff Monica Rico (“Plaintiff”) filed this Private Attorneys General Act (“PAGA”) action individually and on behalf of all other aggrieve...

Excerpt: ...T FOR ATTORNEYS' FEES IN THE AMOUNT OF $4,400 MOVING PARTY: Defendant Anil D. Mall RESPONDING PARTY: Plaintiff Corona Medical, Inc. Defendant Anil D. Mall's Motion to Quash Deposition Subpoenas for Production of Business Records Issued to Pacific Premier Bank, American Express, and JP Morgan Chase; Request for Attorney's Fees in the Amount of $4,400 The court considered the moving papers, opposition, and reply papers filed in connection with this...

Excerpt: ...l Motion to Strike Portions of the First Amended Complaint The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiffs Gerald and Gina Wachel filed this lawsuit on December 30, 2021, against Defendants Ty Labbe and Liza Gonzalez. On April 1, 2022, Plaintiffs filed their First Amended Complaint (“FAC”). On June 1, 2022, Defendants filed the instant special motion to strike po...

Excerpt: ...The court considered the moving papers, opposition, reply, surreply, and response to the surreply filed in connection with this motion. BACKGROUND Plaintiff DeWitt Algorri & Algorri, LLP filed this action on June 1, 2022 against Defendant Filevine, Inc. The operative First Amended Complaint (“FAC”) was filed on July 13, 2022, and asserts causes of action for (1) breach of contract, (2) promissory fraud, (3) rescission, (4) unfair business pra...

Excerpt: ...ult Judgment and Quashing Summons The court considered the moving papers filed in connection with this motion. No opposition was filed. BACKGROUND Plaintiff Derek Lee filed this action on April 20, 2021, against Defendant Ti Yeh. On January 10, 2022, Plaintiff filed the operative First Amended Complaint. On April 27, 2022, default was entered against Defendant. On July 1, 2022, default judgment was entered against Defendant. The court awarded Pla...

Excerpt: ...he moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND This is a commercial unlawful detainer action involving real property located at 140 W. Valley Blvd., unit 212, San Gabriel, California 91776 (“Premises”) leased by Plaintiff Universal Shopping Plaza as landlord to Defendant Ying Ping Li as tenant. On August 26, 2022, Plaintiff filed its unlawful detainer complaint against Defendant. Defendant demu...

Excerpt: ...fendant General Motors, LLC Plaintiff's Motion to Compel the Deposition of Person Most Qualified The court considered the moving, opposition, and reply papers filed in connection with the motion. BACKGROUND This is a “lemon law” case concerning persistent engine and shifter problems with a 2019 Chevrolet Traverse vehicle. Plaintiff Armando Gonzalez Dozal purchased the subject vehicle in 2018 from General Motors (“Defendant”) and received ...

Excerpt: ...The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Yong Wu (“Plaintiff”) filed this employment action in June 2022 against Defendants Mega Bank, Julian Fong (“Fong”), and Shirley Fu-Chang (“Fu-Chang”) (collectively, “Defendants”). Plaintiff is 65 years old. (Compl. ¶ 1.) He was employed at Mega Bank from November 2007 until he was terminated from his pos...

Excerpt: ...e: Preliminary Injunction The court considered the moving papers, response, and reply filed in connection with the order to show cause. BACKGROUND Plaintiffs Eva Neumann (“Neumann”) and Jianying Wu filed this action on September 7, 2022, against Defendant Selene Financing, LP (“Selene”) and U.S. Bank Trust National Association, as Trustee for ABS Loan Trust V (“US Bank”). The complaint asserts causes of action for (1) violation of Civ...

Excerpt: ...ch Co-Owners LLC Defendant's Special Demurrer to Complaint of Plaintiff, Bradley Ranch Co-Owners LLC The court considered the moving papers, response, and (late) reply filed in connection with this motion. BACKGROUND Plaintiff Bradley Ranch Co-Owners LLC filed this action on June 8, 2022 against Defendants Christy Snyder Bradley (“Bradley”), Ann Hyatt Logan (“Logan”), and Philip M. Szymanski (“Szymanski”). Plaintiff alleges that from ...

Excerpt: ...s Edward Lo, David Wan, and Wilson Ngai RESPONDING PARTY: Plaintiff Stephen Lu Special Motion to Strike Portions of Plaintiff's Complaint The court considered the moving papers, opposition, and reply papers filed in connection with this motion. MOVING PARTY: Defendants Edward Lo, David Wan, Wilson Ngai, Julian Fong RESPONDING PARTY: Plaintiff Stephen Lu Defendants' Demurrer to Plaintiff's Complaint; Defendants' Motion to Strike Portions of Plaint...

Excerpt: ...ion The court considered the moving papers, opposition, and reply filed in connection with this motion. BACKGROUND Plaintiff DeWitt Algorri & Algorri, LLP filed this action on June 1, 2022 against Defendant Filevine, Inc. The operative First Amended Complaint (“FAC”) was filed on July 13, 2022, and asserts causes of action for (1) breach of contract, (2) promissory fraud, (3) rescission, (4) unfair business practices, (5) false advertising, a...

Excerpt: ...y of San Marino's Motion to Strike Plaintiff's First Amended Complaint The court considered the moving papers, opposition, and reply filed in connection with this motion. BACKGROUND Plaintiffs Nick Maza and Sam Benites filed this employment action on March 21, 2022 against Defendant City of San Marino (the “City”). The operative First Amended Complaint (“FAC”) was filed on July 21, 2022. Plaintiffs allege that they were employed by the Ci...

Excerpt: ...fing, Inc. RESPONDING PARTY: Cross-Complainant Building Worx, Inc. Demurrer of Cross‐Defendant Rainy Day Roofing, Inc. to the Cross‐Complaint of Building Worx, Inc. The court considered the moving papers and opposition filed in connection with this motion. BACKGROUND Plaintiffs Chin Yu (John) Yeh and Terri Cheong filed this construction defect action on December 17, 2021 against Defendant Building Worx, Inc. (“Building Worx”). This case a...

Excerpt: ... LLC RESPONDING PARTY: Plaintiff Corona Medical, Inc. Defendants Anil Donald Mall and Silverlakes Management, LLC's Motion for Leave to File a Cross-Complaint The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Corona Medical, Inc. filed this action on October 29, 2020 against Defendants Med Star Hospice Care, Inc. (“Med Star”) and Maria Cecilia Tran (“Tran”). Def...

Excerpt: ...ST AMENDED COMPLAINT MOVING PARTY: Defendant Richard Dale Gentile, D.D.S. RESPONDING PARTY: N/A Defendant Richard Dale Gentile, D.D.S.'s Demurrer to First Amended Complaint; Defendant Richard Dale Gentile, D.D.S.'s Motion to Strike Portions of Plaintiff's First Amended Complaint The court considered the moving papers filed in connection with these motions. No oppositions were filed. BACKGROUND Plaintiff Rosevianney C. Ogumsi filed this medical ma...

Excerpt: ...G PARTY: Defendants County of Los Angeles, George Gascon, Karen Thorp, Peter Cagney and Cesar Rodriguez RESPONDING PARTY: Plaintiffs Gerald Wachel and Gina Wachel Defendants County of Los Angeles, George Gascon, Karen Thorp, Peter Cagney and Cesar Rodriguez's Demurrer to Plaintiffs' Second Amended Complaint The court considered the moving papers, opposition, and reply filed in connection with this motion. BACKGROUND Plaintiffs Gerald Wachel and G...

Excerpt: ...nd Silverlakes Management, LLC Plaintiff Corona Medical Inc.'s Motion for Leave to File Second Amended Complaint The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Corona Medical, Inc. filed this action on October 29, 2020 against Defendants Med Star Hospice Care, Inc. (“Med Star”) and Maria Cecilia Tran (“Tran”). Defendants Anil Donald Mall (“Mall”) and Silv...

Excerpt: ... PARTIES: Defendant South Pasadena Unified School District Plaintiffs' Motion to Tax Costs Sought by Defendant South Pasadena Unified School District The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiffs Jane M.A. Doe and Jane A.N. Doe filed this action against Defendant South Pasadena Unified School District on March 11, 2016. On July 19, 2022, the court entered judgment ...

Excerpt: ...ng Worx, Inc. RESPONDING PARTY: Cross-Defendants Rainy Day Roofing, Inc. and Horizon Plastering, Inc. Motion to Designate Action Complex and for an Order on the Entry of a Case Management Order The court considered the moving papers, opposition, and reply filed in connection with this motion. The court also considered Plaintiffs' joinder in the motion, and Cross-Defendant Mark Beamish Waterproofing, Inc.'s limited joinder in the opposition. BACKG...

Excerpt: ...TO PLAINTIFF'S FIRST AMENDED COMPLAINT; DEFENDANT FLETCHER LEE'S MOTION TO STRIKE DAMAGES FROM FIRST AMENDED COMPLAINT MOVING PARTY: Defendants Bobbie Lee and Fletcher Lee RESPONDING PARTY: Plaintiff Briana E. Anderson Demurrers of Defendants Bobbie Lee and Fletcher Lee to Plaintiff's First Amended Complaint; Defendant Bobbie Lee and Fletcher Lee's Motions to Strike Damages from First Amended Complaint The court considered the moving papers and o...

Excerpt: ... of Plaintiff's Complaint The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Yong Wu filed this employment action on June 17, 2022, against Defendants Mega Bank, Julian Fong (“Fong”), and Shirley Fu-Chang (“Fu-Chang”) (collectively, “Defendants”). The complaint asserts causes of action for (1) retaliation/harassment, (2) discrimination on the basis of age, (3...

Excerpt: ...wful Detainer The court considered the moving papers and opposition filed in connection with this motion. No reply was filed. BACKGROUND Plaintiff Atlantic Square, LLC filed this unlawful detainer action on June 14, 2022 against Defendant Atlantic West One, Inc. arising out of a commercial lease of the property located at 2222 South Atlantic Blvd., Monterey Park, California 91754. Defendant is the tenant, and Plaintiff is the landlord. Defendant ...

Excerpt: ...n connection with this motion. No opposition was filed. The court also considered the joinder filed by Defendant Select Portfolio Servicing, Inc. BACKGROUND Plaintiff Eva Yu Neumann filed this action on May 27, 2022, against, among others, Defendants Bank of America, N.A. (“Bank of America”) and Select Portfolio Servicing, Inc. (“SPS”) to prevent the foreclosure of Plaintiff's home, located at 661 W. Lemon Ave., Arcadia, California 91007 ...

Excerpt: ...: Defendant Castle Liquor Store RESPONDING PARTY: N/A Defendant Castle Liquor Store's Motion for Summary Judgment, or in the Alternative, Summary Adjudication of Causes of Action One, Two and Three The court considered the moving papers filed in connection with this motion. No opposition was filed. BACKGROUND This action arises from a trip and fall incident that occurred on March 5, 2021. Plaintiff Elias Ocegueda filed this action on April 9, 202...

Excerpt: ...tal Association, Ltd. dba Huntington Memorial Hospital, now known as Huntington Hospital RESPONDING PARTY: Plaintiff Jordan Stremfel Motion of Defendant Pasadena Hospital Association, Ltd. dba Huntington Memorial Hospital, Now Known as Huntington Hospital for Summary Judgment The court considered the moving papers, opposition, and reply filed in connection with this motion. BACKGROUND Plaintiff Jordan Stremfel filed this medical malpractice actio...

Excerpt: ...Martin Anti-SLAPP Motion to Strike Cross-Complaint The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Antoine Becks (“Becks”) filed this action to partition real property on April 28, 2022, against Defendant Charlotte Martin (“Martin”). The property at issue is located at 127 North Canyon Blvd., Monrovia, California 91016. Becks alleges that he and Martin each ow...