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. ...

Excerpt: ...other driver, Oswaldo Lopez (“Lopez”) 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., for defective design and manufacture of the Tesla Model 3, which allegedly malfunctioned. II. ARGUMENTS Defendant Dayne moves to strike the claim for punitive damages on grounds Plaintif...

Excerpt: ...es, who are siblings, entered into an informal verbal agreement wherein Defendant would collect the rental proceeds from tenants for deposit into the Estate's account. Plaintiff alleges he discovered that Defendant misappropriated rental income and acted as de facto landlord/owner of the properties without Plaintiff's knowledge. Plaintiff alleges claims for conversion and private nuisance. On October 31, 2022, Defendant filed a cross-complaint ag...

Excerpt: ... The vehicle's “sensing” system and subsystems, including its Collision Mitigation Braking System (“CMBS”) developed defects which Defendant failed to repair and failed to replace with another vehicle. Plaintiff alleges (1) violations of the Song-Beverly Consumer Warranty Act (the “Warranty Act”) and (2) claim for fraudulent inducement -- concealment. II. ARGUMENTS Defendant demurs to the second cause of action for failure to state a ...

Excerpt: ...ly amended the complaint substituting "Started from the Bottom" and Paul Raymond Argueta Sr„ in place of fictitious defendants #1 and #2, respectively. On March 10, 2023, the clerk entered default against Defendant MacKenzie. On July 25, 2023, Plaintiff filed a notice of conditional settlement between Plaintiff and the remaming Defendants. 11. ARGUMENTS Plamtiff seeks an order enforcmg the settlement agreement between the parties wherein Defend...

Excerpt: ...ed defects that Defendant allegedly failed to repair or repurchase in violation of the Song-Beverly Consumer Warranty Act. II. ARGUMENTS Plaintiffs argue that Defendant's responses to the document request were evasive, non-responsive and contained boilerplate objections. Plaintiffs' counsel attempted to engage in numerous efforts to meet and confer with defense counsel, who failed to respond in good faith. Defendant argues that Plaintiffs failed ...

Excerpt: ... Prior to close of escrow, the City of Compton allegedly cited the property for numerous code violations, including the lack of a duplex permit Plaintiffs allege seven causes of action for fraud and fraud-related claims, negligence, and unfair business practices. 11. ARGUMENTS Defendant, Diamond Construction & Waterproofing, Inc. ("Diamond"), demurs to all claims alleged agamst it on grounds of uncertamty since there is no alleged relationship be...

Excerpt: ... ("Dealership") failed to properly diagnose the issues and were negligent in repairing the vehicle. Plaintiffs allege claims in violation of the Song-Beverly Consumer Warranty Act ("SBA"). 80th Defendants filed this motion on December 7, 2023, however, on January 8, 2024, Plaintiff dismissed the Dealership from the complaint, with prejudice, leaving Nissan, the manufacturer, as the only defendant. ARGUMENTS Nissan requests an order compelling thi...

Excerpt: ...tiff alleges six causes of action including negligence, negligent supervision, and intentional infliction of emotional distress arising from the alleged incidents. II. ARGUMENTS Defendant, Compton Unified School District (“Defendant” or “District”), demurs all causes of action on grounds the enacting legislation, AB 218, that revived Plaintiff's claims, is unconstitutional because it provides a gift of public funds, removes a necessary el...

Excerpt: ... unfair competition, essentially because Plaintiffs did not allege actionable facts against the Buyers. Plaintiffs filed their first amended complaint on October 25, 2023, asserting the same claims for unfair competition, fraud, and conspiracy to commit fraud. Plaintiffs allege that they and Defendant, Bonnie Joyce (“Bonnie”), are siblings and were co-trustees and co-beneficiaries of their mother's trust, the Joyce Living Trust U.D.T 1/1/2002...

Excerpt: ...he proper “worker's compensation” forms and did not address her complaints about the working conditions. II. ARGUMENTS Defendant argues that the complaint is barred by the exclusivity provisions of the Worker's Compensation Act (“WCA”). Plaintiff has applied with the Worker's Compensation Appeals Board (“WCAB”) to adjudicate her claim. In opposition, Plaintiff acknowledges that she was an “active worker on the clock at the time of i...

Excerpt: ... TO COMPEL PLAINTIFF'S FURTHER RESPONSES TO FORM AND SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR IMPOSITION OF MONETARY SANCTIONS I. BACKGROUND The first amended complaint filed on October 24, 2023, alleges that Plaintiff suffered injury as the result of the uninhabitable conditions of leased premises owned by Defendants. Plaintiff also alleges that Defendant breached a Lease-to-Buy Agreement granting Plaintiff exclusive rights to the prope...

Excerpt: ...s claims for (1) childhood sexual abuse; (2) intentional infliction of emotional distress; (3) negligent hiring, supervision, and retention; (4) failure to report suspected child abuse; (5) negligent supervision of a minor; and (6) negligence. II. ARGUMENTS Defendant Doe 2 (the "District") demurs to three of six causes of action on grounds the enacting legislation, AB 218, that revived Plaintiff's claims, is unconstitutional because it provides a...

Excerpt: ...ILED DECEMBER 14, 2023, FOR TERMINATING SANCTIONS FOR FAILING TO OBEY THIS COURT'S NOVEMBER 17, 2023, ORDER, OR ALTERNATIVELY, TO PROVIDE FURTHER RESPONSES TO WRITTEN DISCOVERY [TENTATIVE] ORDER GRANTING PLAINTIFF'S MOTION, FILED DECEMBER 14, 2023, FOR TERMINATING SANCTIONS, OR ALTERNATIVELY, FOR ORDER COMPELLING FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND FOR SANCTIONS I. BACKGROUND The verified, first amended complaint (“FAC�...

Excerpt: ...ailure to obtain informed consent, and other tort and statutory violations. On August 11, 2023, the Court entered judgment in favor of Defendants after sustaining Defendants' demurrers without leave to amend. On September 5, 2023, Defendants filed their memorandum to recover costs of $3,079.31, consisting of filing and jury fees. Plaintiffs move to strike certain filing fees for documents that Plaintiffs contend were not necessary or were never i...

Excerpt: ...led to pay the balance due of $684,625.77. Plaintiff alleges claims for breach of contract, account stated, common counts, open book account, and quantum meruit. II. ARGUMENTS Defendant, Peyman Mahrou, served Plaintiff with a request for production of documents on January 17, 2023. Plaintiff sent initial responses and subsequently served supplemental responses on May 25, 2023, after the parties met and conferred. Defendant sent a letter advising ...

Excerpt: ...d to comply with its statutory obligations to replace the vehicle or pay restitution after failing to repair the defects, all in violation of the Song-Beverly Consumer Warranty Act (“SBA”). II. ARGUMENTS Plaintiffs served the first set of special interrogatories on Defendant on March 23, 2023, Defendant served unverified, incomplete, and deficient responses on May 24, 2022. Plaintiffs' counsel sent numerous letters and emails to Defendant to ...

Excerpt: ...es claims for public nuisance per se and public nuisance. Defendant Bank of New York Mellon (“Bank”) is Trustee with a beneficial interest in the real property. (Complaint ¶ 11.) Defendant, MTC Financial became the substituted trustee. (Complaint, ¶ 12.) Bank filed its amended answer to the complaint on December 2, 2021. The clerk entered default against Defendant, Advantix Lending, Inc. and Ditech Financial LLC, December 10, 2021. Plaintif...

Excerpt: ... proper “worker's compensation” forms and did not address her complaints about the working conditions. II. ARGUMENTS Defendant argues that the complaint is barred by the exclusivity provisions of the Worker's Compensation Act (“WCA”). Plaintiff has applied with the Worker's Compensation Appeals Board (“WCAB”) to adjudicate her claim. In opposition, Plaintiff acknowledges that she was an “active worker on the clock at the time of inj...

Excerpt: ... entire case on August 18, 2020. At the Order to Show Cause hearing on August 26, 2020, the Hon. Maurice A. Leiter dismissed the action but retained jurisdiction to enforce the terms of settlement pursuant to Code of Civil Procedure, section 664.6. Plaintiff moves to set aside dismissal and enforce terms of the settlement agreement. Plaintiff timely served the motion on Defendant, who did not file an opposition by December 6, 2023 (nine court day...

Excerpt: ... Veronica Hamid, alleges that she requested that Plaintiff be excused from physical activities to accommodate Plaintiff's medical condition (“brittle bone disease”). Defendants allegedly failed to accommodate Plaintiff and required Plaintiff to run during a physical education class, where Plaintiff fell and suffered multiple fractures. Plaintiff alleges eight causes of action for violations of the Americans with Disabilities Act, the Unruh Ci...

Excerpt: ...A CROSS-COMPLAINT. I. BACKGROUND The verified, first amended complaint (“FAC”) alleges that Defendant, Ramona King (“King”), forged Plaintiff's signature on a quitclaim deed purporting to transfer Plaintiff's 50 percent interest in real property to Defendant, leaving Defendant as the sole owner of the property. Plaintiff alleges claims for (1) forgery, (2) cancellation of instrument, (3) quiet title, (4) slander of title, (5) fraudulent c...

Excerpt: ...ue of $684,625.77. Plaintiff alleges claims for breach of contract, account stated, common counts, open book account, and quantum meruit. II. ARGUMENTS Defendants, Hamid Mahrou (“Hamid”) and Peyman Mahrou (“Peyman”), collectively, “Defendants”) move for adjudication of all causes of action as there is an absence of evidence showing that the Defendants are the alter egos of Defendant, Parmida, LLC (“Parmida”). Plaintiff argues that...

Excerpt: ...axes. Defendant breached the parties' written agreement by listing the property for sale. Plaintiff alleges claims for breach of contract and fraud based on intentional misrepresentation and false promise. Plaintiff Ðiled two separate notices of lis pendens on August 1 and 3, 2023. On October 9, 2023, Defendant, previously self-represented, substituted in counsel, Shirin Buckman, as Defendant's counsel of record. On October 31, 2023, Plaintiff ...

Excerpt: ...manufactured by FCA. The vehicle allegedly suffered from substantial safety defects which FCA failed to remedy in violation of the Song-Beverly Consumer Warranty Act (“the SBA”). II. ARGUMENTS Plaintiff requests an order to compel Defendant's further responses to special Interrogatories and request for request for production of documents served on April 14, 2023. Defendant served unverified responses to written discovery on May 17, 2023, and ...

Excerpt: ... settlement was conditioned upon Defendant, County of Los Angeles, using their best efforts to expedite the settlement's approval by the Los Angeles County Board. Plaintiff argues that it has been nearly eight months since settlement, and Plaintiff has not received the settlement funds. Defendant argues Plaintiff relies on language contained in a confidential mediator's proposal which is irrelevant, not binding, and unenforceable. Plaintiff does ...