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: ...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: ...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: ...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: ...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 ...