Excerpt: ...rgery under Defendant Kerlan's care on July 1, 2020. (Compl., ¶12.) After surgery, Plaintiff presented to Defendant Jung complaining of ankle pain. (Compl., ¶¶12-13.) Plaintiff underwent a second surgery on July 28, 2021 performed by the surgeon, Jung, and the anesthesiologist, Defendant Yamazaki. (Compl., ¶14.) Plaintiff was administered a nerve block prior to surgery which was supposed to have worn off the same day and did not. (Compl., ¶1...

Excerpt: ...Re: Status of Arbitration of Individual PAGA claims for April 24, 2024 at 8:30 a.m. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. I. FACTUAL BACKGROUND This is an action for violation of the California Private Attorneys General Act (“PAGA”) arising from alleged Labor Code violations. Plaintiff alleges that he was employed by Defendants between June and August 20...

Excerpt: ...o Requests for Admission, Set One is granted. Defendant Nazarian's Motion to Compel Plaintiff Niakan Family Partnership to provide further responses to Requests for Production, Set One is granted. Plaintiff Niakan Family Partnership shall provide further verified responses without objections (except for those based on attorney client or attorney work product privilege) within 15 days after the date of this order. If any objections are raised base...

Excerpt: ...r fraud, defamation, and wrongful eviction arising out of a family dissolution matter. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Arthur Tsatryan (“Arthur”) filed a petition for divorce from his wife, Polina Tsatryan (“Polina”) in September 2009. (FAC ¶ 12.) During the dissolution proceedings, Polina testified that an interspousal transfer deed from their Santa Clarita residence executed in Arthur's favor durin...

Excerpt: ... motion to stay proceedings is GRANTED. At the hearing, the Court will set a status date regarding arbitration. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. I. FACTUAL BACKGROUND This is an action for violation of the California Private Attorneys General Act (“PAGA”) arising from alleged Labor Code violations. Plaintiff alleges that she began working as a deliv...

Excerpt: ...ction for sexual battery pertaining to Perpetrator 1's alleged abuse of Plaintiff at Perpetrator 1's home while Perpetrator 1 was babysitting Plaintiff and DENIED as to the remaining causes of action and DENIED as to the cause of action for sexual battery pertaining to Perpetrator 1's alleged abuse of Plaintiff while he was a teacher at Plaintiff's school. Moving party to give notice. I. FACTUAL BACKGROUND This is an action for negligence, neglig...

Excerpt: ... Motion to Strike is DENIED as to punitive damages and GRANTED as to attorney's fees. The ruling with respect to attorney's fees applies to Moving Defendants only. Plaintiff should be prepared to argue the issue of leave to amend with respect to attorney's fees. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for failure to disclos...

Excerpt: ...ED. Defendant is ordered to serve verified further responses without objections within five days after the date of this order. The Court imposes sanctions in the amount of $400 jointly and severally on Defendant and Defendant's counsel of record. Sanctions are payable within 30 days. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action ...

Excerpt: ... This is an action brought under the Song-Beverly Consumer Warranty Act. The Complaint alleges as follows. Plaintiffs Crecencio Rodriguez (“Crecencio”) and Neyla Rodriguez (“Neyla,” together with Crecencio, “Plaintiffs”) purchased a new 2016 Ford Explorer (the “Subject Vehicle”) manufactured by Defendant Ford Motor Company (“Ford”). (Compl. ¶ 9.) The vehicle was sold with an express warranty. (Ibid.) Plaintiffs repeatedly bro...

Excerpt: ...position of Christopher Lopez is GRANTED. Plaintiff is ordered to appear for deposition within 15 days after the date of this order. Sanctions in the amount of $1,425.25 are imposed and are payable within 60 days after the date of this order. County's motion to compel the deposition of Renee Lemos is DENIED. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order.. FACTUAL BAC...

Excerpt: ..., 16, 17, and 18 as set forth below and DENIED as to the remaining categories. The PMQ must be produced on or before October 30, 2023. Moving party to provide notice. FACTUAL BACKGROUND This is a lemon law action. Plaintiffs Brian Guadalupe Magallanes and Patricia Rodriguez allege that in March 2020, they purchased a 2020 Chevrolet Silverado 1500 from Defendant. Plaintiffs received an express written warranty in which Defendant undertook to prese...

Excerpt: ..., Plaintiff must file and serve such a complaint within 30 days after the date of this order. The CMC is continued to January 31, 2024 at 8:30 a.m. Moving party to provide notice and to file proof of service of such notice within 30 days after the date of this order. FACTUAL BACKGROUND This is an action for fraud and breach of contract arising from Plaintiff's purchase of a vehicle from Defendant. Plaintiff alleges that on October 31, 2022, she p...

Excerpt: ...of action, except for (1) the sixth cause of action and (2) the request for punitive damages on which summary adjudication is GRANTED. Moving party to provide notice. I. FACTUAL BACKGROUND This is an action for disability discrimination, failure to provide reasonable accommodations, failure to engage in the interactive process, retaliation, intentional infliction of emotional distress, wrongful termination, violation of Labor Code, section 1102.5...

Excerpt: ...cific Eurotex Corp. (Defendant) and others. The complaint alleges breach of lease, conspiracy, negligence, declaratory relief, and violation of Business and Professions Code section 17200. On June 27, 2023, Plaintiff served Defendant with the form interrogatories at issue. Defendant has yet to provide verified responses to the form interrogatories. On September 12, 2023, Plaintiff filed this motion to compel discovery responses to the form interr...

Excerpt: ...maining categories. The PMQ must be produced on or before October 30, 2023. Moving party to provide notice. FACTUAL BACKGROUND This is a lemon law action. Plaintiffs Brian Guadalupe Magallanes and Patricia Rodriguez allege that in March 2020, they purchased a 2020 Chevrolet Silverado 1500 from Defendant. Plaintiffs received an express written warranto in which Defendant undertook to preserve or maintain the utility or performance of the vehicle. ...

Excerpt: ...for admission, set one is GRANTED. Plaintiff must serve verified further responses without objections within 15 days after the date of this order. Sanctions in the amount of $980 are imposed jointly and severally on Plaintiff and Plaintiff's Counsel of Record. Moving party to provide notice and to file proof of service of such notice within five days after the date of this order. FACTUAL BACKGROUND This is an action for race discrimination, disab...

Excerpt: ...ndant Joseph and Patricia Catallo Family Trust has not filed an answer or other responsive pleading to the First Amended Complaint filed on April 3, 2023. Defendant Joseph and Patricia Catallo Family Trust's Motion to Expunge Lis Pendens is DENIED. FACTUAL BACKGROUND This is an action for breach of contract, fraud, negligent misrepresentation, intentional interference with contract, and unlawful competition arising over a dispute over the purchas...

Excerpt: ...y as set forth below. Defendant City of El Monte should be prepared to discuss whether with respect to third category of items, records as to overtime pay, there will be responsive items in the personnel records of Captain Luna. Defendant City of El Monte should be prepared to discuss the issue identified below with respect to the fourth category. A further in camera review date will be set at the hearing. A court reporter must be provided at tha...

Excerpt: ...nt's counsel) within three days after the date of this order. Defendant is ordered to file and serve an answer or other responsive pleading within 30 days after the date of this order. The Court sets an OSC Re: Dismissal for Failure to File Proof of Service/Failure to Enter Default as to Cross-Defendant Ricardo Mosqueda is set for November 15, 2023 at 8:30 a.m. Moving party to give notice and to file proof of service of such notice within five co...

Excerpt: ...the hearing, the date for filing a third amended complaint (no new causes of action may be added without leave of the court) will be discussed given the demurrer hearing scheduled for January 30, 2024. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action to set aside sale, for fraud, for constructive fraud, for breach of duty of good fa...

Excerpt: ...he parties are ordered to appear at the hearing (remotely or in person) to set a continued hearing date. Moving party to provide notice. FACTUAL BACKGROUND This is an action for civil penalties and injunctive relief to enforce Health & Safety Code § 25249.6 et seq. Plaintiff Berj Parseghian (“Plaintiff”) brings this action in the public interest of the citizens of the State of California. Defendant JFC International, Inc. manufactures, distr...

Excerpt: ...GMENT DEBTOR Mahmoudiani's motion for an assignment order and an order restraining judgment debtor is granted. Mahmoudiani is directed to file a new proposed order indicating the maximum amount of the commissions to be assigned. The new proposed order must be filed on or before October 18, 2023. The Court sets a nonappearance review date of October 23, 2023 at 8:30 a.m. to review the proposed order. Moving party to provide notice and to file proo...

Excerpt: ... DENIED. Defendant's motion for a prefiling order is GRANTED. Defendant is ordered to file a proposed form VL-100 within three days after the date of this order. The Court sets a nonappearance review date of the form VL-100 for October 19, 2023 at 8:30 a.m. Defendant to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for breach of contract, neglig...

Excerpt: ...s conference regarding arbitration. Moving party to give notice. FACTUAL BACKGROUND This is an action for medical negligence arising from treatment Plaintiff Elisa Ester Vargas received for her right toe at Kaiser Permanente/Southern California Permanente Medical Group. PROCEDURAL HISTORY On May 20, 2022, Plaintiffs Louis Juarez and Elisa Ester Vargas filed their Complaint against Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation ...

Excerpt: ...With respect to the ninth cause of action it is GRANTED in part, specifically it is granted with respect to the part of the cause of action based upon the filing of the Interpleader Action. The Director Defendants' motion is DENIED with respect to all causes of action except for the ninth cause of action. With respect to the ninth cause of action it is GRANTED in part, specifically it is granted with respect to the part of the cause of action bas...