Excerpt: ...Siaki, crashed through the restaurant while being pursued by the Sheriff 's Department. Plain tiff alleges that Defendant, International House of Pancakes (“IHOP”), was negligent in failing to install barriers for the outdoor seating area, which was improperly inspected and permitted by the City of Carson. Plaintiffs allege claims for negligence an d wrongful death. II. ARGUMENT S Defendants, Dine Brands Global, Incl; Dine Equity, Inc.; and I...

Excerpt: ... alleges that Defendant breached a “lease -to- buy” Agreement granting Plaintiff exclusive rights to the property (the “Castlegate property”) with an option to purchase for one year. Plaintiff alleges 22 causes of action for contract -related claims, eviction -related torts, fraud -related claims, personal injury claims, and st atutory violations. II. ARGUMENTS Defendant, Wily Osiris Barios (“Defendant” or “Barios”), contends that...

Excerpt: ...ed to Andrew S. Faith, (“Decedent”), Michec and Emmanuel's father and Faith's former spouse. Defendant failed to pay the debt and now owes $273,000. II. ARGUMENTS Defendant argues that Plaintiff Faith lacks standing to pursue a debt owed to decedent based on a claim for open book account. Plaintiff has not stated a claim on behalf of the estate nor has she been appointed as a representative of the decedent's estate. Plaintiff did not attach t...

Excerpt: ... (“Santa Monica”). The vehicle allegedly developed transmission and other defects, of which Ford had exclusive knowledge. Ford allegedly failed to repair or replace the vehicle. Among other causes of action, Plaintiff alleges claims for violations under the Song -Beverly Consumer Warranty Act (“SBA”), violation of the Magnuson -Moss Warranty Act, negligent repair against Santa Monica (�ifth cause of action), and fraudulent inducement --...

Excerpt: ...nd with required particularity. Plaintiff argues that the claim for dangerous condition of public property is adequately alleged. Alternatively, Plaintiff asks for leave to amend. In reply, City argues that the complaint alleges conclusions of law and fact, which are improper. III. LEGAL STANDARDS A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4t...

Excerpt: ...TO COMPEL PLAINTIFF'S RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, AND REQUEST FOR MONETARY SANCTIONS The complaint alleges that Plaintiff fell and sustained injury while walking on a defective walkway at real property owned and controlled by Defendants. Plaintiff alleges claims for (1) negligence, (2) breach of contract, and (3) breach of the implied covenant of good faith and fair dealing. Defendants, Clinton B. Eull, III; and Yule...

Excerpt: ...epositions, but Plaintiffs' counsel refuses to provide available dates. Defendant sent notice of deposition on December 11, 2023, but Plaintiffs have objected. Defendant has attempted to meet and confer without success. The Court should impose sanctions against Plaintiffs and their counsel. In opposition, Plaintiffs contend that Defendant did not request dates for the depositions either before or after sending a notice. Defendant set the depositi...

Excerpt: ...CTIONS I. BACKGROUND Plaintiff alleges claims for premises liability and negligence arising from a dangerous condition at Defendant's property. Plaintiff moves to compel Defendant's further responses to form interrogatories and special interrogatories. Plaintiff contends that Defendant asserted only objections after Plaintiff granted five extensions to respond. Defendant maintains objections despite efforts to meet and confer. Defendant filed an ...

Excerpt: ... Defendants allegedly failed to pay the balance due of $684,625.77 for the delivered merchandise. Plaintiff alle ges claims for breach of contract, account stated, common counts and unjust enrichment. Defendant Parmida, LLC, filed a cross -complaint against Plaintiff for false advertising and unfair competition contending that Plaintiff overstated the lumen output and energy efficiency of the products. II. ARGUMENTS Defendant Parmida served Plain...

Excerpt: ...laintiff served request for production of documents on Defendant, Prime Healthcare Services – St. Francis, LLC (“Defendant ”). Defendant served responses on January 26, 2024. The parties resolved some of their differences, but objections to some requests remain, all of which Plaintiff contends are without merit . In opposition, Defendant argues that the separate statement is misleading and defective. Defendant will respond to �ive of the ...

Excerpt: ...- pro�it corporation that conducted substantial religious and af�iliated programs and supervised Doe 2, who was alleged to be Plaintiff 's abuser, pastor, employee, and/or agent of Doe 1. Defendant Doe 1 (“Defendant”) �iled its answer on August 22, 2023. II. ARGUMENT S Plaintiff moves to quash a subpoena served by Defendant on the L.A. County Sheriff 's Department for production of Plaintiff 's police records. Plaintiff contends the sub...

Excerpt: ...also defamed Plaintiff's reputation by calling Volt and demanding that Plaintiff be removed from a second work assignment upon Plaintiff's termination from Seiko. (FAC ¶ 5 .) Plaintiff alleges claims for “defamation under the vicarious liability doctrine, willful and wanton conduct, and punitive damages.” On October 11, 2023, the clerk entered default against “Seiko Epson Corporation.” (Def. Entry 11/22/23 .) II. PROCEDURAL BACKGROUND Th...

Excerpt: ...perty now owned by the Trust pursuant to a transfer by Willie Belle Chatmon (“Decedent”). Decedent tr ansferred title to the real property to her trust by grant deed recorded on July 22, 2014. However, one year before the creation of the Trust, Defendant, Marion Chatmon, Trustor's daughter, caused Trustor to sign a deed transferring the real property to a group of family members as tenants in common. Defendant recorded the second grant deed o...

Excerpt: ...arlo Sanfilippo, who died on April 6, 2023, while he was a resident at Affinity Health Care Center (“Affinity”). Plaintiff alleges that Paramount Meadows Nursing Center, LP, (“Paramount”), a skilled nursing facility owns, controls, and operates Affinity. Plaintiff alleges that Paramount was negligent in providing decedent with care. Against Paramount, Plaintiff alleges claims for (1) professional negligence, (2) elder abuse, (3) violation...

Excerpt: ...��Kim” or “Defendant”), vehicle while he was employed by Defendant, Uber Technologies. Plaintiff alleges that at the time of the incident, Kim was distracted by the Uber App, and that the Uber App blocked Kim's view. Plaintiff alleges one cause of action for negligence. II. ARGUMENTS Plaintiff argues she served Defendant Kim with a first set of special interrogatories on August 29, 2023. Defendant objected to the interrogatories at issue. D...

Excerpt: ...efendant” or “ District”) allegedly maintained, operated, and employed teachers at Locke Academy. Plaintiff alleges claims for childhood sexual abuse, intentional infliction of emotional distress, negligent hiring and supervision, failure to report child abuse, and negligence. II. ARGUMENTS Defendant moves for judgment on the pleadings on grounds the enacting legislation, AB 218, that revived Plaintiff's claims, is unconstitutional because ...

Excerpt: ...written warranty in connection with Plaintiffs' purchase of a 2019 Chevrolet Silverado. The vehicle allegedly developed transmission and other defects, w h i c h G M f a i l e d t o d i s c l o s e o r re m e dy. P l a i nt i f f s a l l e g e three claims for violations under the Song-Beverly Consumer Warranty Act (“SBA”) and a fourth cause of action for fraudulent inducement and concealment. ) II. ARGUMENT S GM demurrers to the fourth cause...

Excerpt: ...Plaintiffs' vehicle. Another driver, Oswaldo Lopez (“L opez”) was allegedly driving his vehicle while intoxicated. Plaintiff, Christian Garza, sustained injury requiring double amputation above the knee. Plaintiffs also assert product liability claims against Defendant, Tesla Inc. (“Tesla”) for defective design and manufacture of the Tesla Model 3, which allegedly malfunctioned . Defendant Lopez requests an order staying this action until...

Excerpt: ...). Defendant, Estrella Tietz , is the HOA's president. Plain�ffs allege that Defendants violated provisions of the Covenants, Codes, and Restric�ons (“CC&Rs”) by refusing to intervene in Plain�ffs' parking dispute with their neighbors, failing to keep common areas lighted, and for building a pergola on the common area pa�o between Plain�ffs' and Tietz's unit. Plain�ffs allege claims for (1) breach of governing documents, (2) b...

Excerpt: ...h his Guardian ad Litem, John Shelton, alleges c laims for discrimination under the Unruh Civil Rights Act, dangerous condition of public property, product liability arising from an allegedly defective crosswalk button, and negligence. Defendant, City of Compton (“City”) filed a cross -complaint against Guevara and Elias Jose Hernandez (“Hernandez”) for indemnity, contribution, and declaratory relief. Cross -Defendants have not appeared i...

Excerpt: ...ched an obligation set forth in its Charter Petition to provide liability insurance covering Plaintiff, Los A n g e l e s U n i � i e d S c h o o l D i s t r i c t ( “ L AUS D ”) , a s a n a d d i t io n a l i n s u re d . Wa t t s o b t a i n e d c ove ra g e f ro m A l l i a nc e of Schools for Cooperative Insurance Program (“ASCIP”) to defend, indemnify, and hold LAUSD harmless against any claims for damages arising out of the Charte...

Excerpt: ...ode § 17200, and Song -Beverly Consumer Warranty Act (“SBA”). The fourt h cause of action is for a claim against the dealer bond issued by Defendant, Washington International Insurance Company (“WIIC”). While the clerk entered default against WIIC on October 18, 2022, the Plaintiff and WIIC stipulated to set aside the default because Plaintiff improperly joined WIIC by an Amendment to Complaint, which the court rejected. (Stip. 4/14/23.)...

Excerpt: ... claims for fraud, intentional tort, and emotional distress. Defendants, Oscar Flores and Plentitude Transportation, Inc. (collectively “Defendants”) argue that the complaint is defective as it is uncertain. Plaintiff failed to allege the claims with required specificity, and the claims are barred by the statu te of limitations. Defendants timely served the demurrer on Plaintiff by mail. Plaintiff did not file an opposition. II. LEGAL STANDAR...

Excerpt: ...within the transmission system that Defendant failed to repair within a reasonable number of attempts in violation of the Song-Beverly Consumer Warranty Act. II. ARGUMENTS Plaintiffs request an order to compel Defendant, General Motors, LLC (“GM”) to produce its person most qualified (“PMQ”) to testify on categories 1-8, 10, and 11 as set forth in Plaintiffs' Notice of Deposition of the Person Most Qualified and Demand to Produce Document...

Excerpt: ...fendants, B&O Express (“B&O”) and Jupiter Warehouse and Distribution (“Jupiter”). Plaintiff served a three-day notice to pay rent or quit. Plaintiff alleges Defendants remained in possession after failing to comply with its payment obligations under the lease. The complaint alleges claims for (1) nonpayment of rent, (2) nonpayment of common area expenses (“CAM”), (3) nonpayment of late charges, and (4) failure to vacate the premises. ...