Excerpt: ... fraud and for equitable remedies. Defendant, Ray Christopher Chacon San Miguel ("Chacon"), filed a cross-complaint against Plaintiffs and others alleging three counts of fraud, violation of the unfair competition law, and declaratory relief. The cross-complaint essentially alleges that in an effort to take control of THC, Cross-Defendants, Mondler Khaira ("Khaira"), Allen Dana ("Dana"), and Quyen Kiet ("Klet"), engaged in a fraudulent scheme to ...

Excerpt: ... Plaintiff alleges claims for (1) medical malpractice, (2) medical battery, and (3) failure to obtain informed consent. II. ARGUMENTS Defendants argue that the second cause of action for medical battery and the third cause of action for failure to obtain informed consent are barred for Plaintiff's failure to present a timely government claim prior to commencing suit. The battery claim is barred by the two-year statute of limitations and otherwise...

Excerpt: ...ndant remains in possession. II. ARGUMENTS Defendant demurs to all four causes of action for failure to state a claim, on grounds the notices to pay rent or quit supporting each cause of action are contradictory. Plaintiff argues that the complaint is well pled and not based on contradictory notices. In reply, Defendant argues that while contradictory notices can be served simultaneously, they do not specify if they are separate notices of indepe...

Excerpt: ...surplus funds. Plaintiff alleges claims for conversion and theft. II. ARGUMENTS Plaintiff argues he is entitled to judgment in his favor. As he was the trustor of the Deed of Trust in Defendants' favor, he was entitled to priority for distribution of the surplus funds. No other party has superior priority. Alternatively, Plaintiff asks for summary adjudication of each cause of action. In opposition, Defendants argue that the motion is procedurall...

Excerpt: ...C”) alleges that Defendant, Venice Family Clinic (the “Clinic”) and its employees, Patricia Mendez, R.N.; and Jasmyn Tapiaarevolo, LVN, vaccinated, Bella King-Harvey (“Bella”), the daughter of Plaintiff, Kimberly King (“King”), against COVID-19 without King's permission on October 2, 2021, and October 23, 2021. Plaintiff King did not consent to have her daughter vaccinated. Plaintiffs allege 14 causes of action for negligence, inten...

Excerpt: ...DEZ MICHELLE MADISON [TENTATIVE] ORDER TAKING OFF CALENDAR DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT BY STACEY KING MOTIONS TO QUASH SERVICE OF SUMMONS AND VACATE ENTRY OF DEFAULT I. BACKGROUND The first amended complaint alleges that on June 7, 2002, Plaintiff became the owner of the real property at issue when her father, Leo King, quitclaimed his 50 percent interest in the property to Plaintiff. Plaintiff discovered that Defendant, Ramon...

Excerpt: ...within a reasonable number of attempts in violation of the Song-Beverly Consumer Warranty Act. II. ARGUMENTS Plaintiff requests an order to compel Defendant to produce its person most qualified (“PMQ”) to testify on the categories identified in Plaintiff's Notice of Deposition and Demand to Produce Documents served on May 17, 2023. Defendant made boilerplate objections and refused to produce a witness. In opposition, Defendant states it agree...

Excerpt: ... settled this matter on January 3, 2023, for $43,725.19. The parties agreed that Plaintiff would be deemed the prevailing party for purposes of this motion. (Decl. of Vanessa J. Oliva, ¶¶ 120-123. II. ARGUMENTS Plaintiff requests attorney's fees incurred to litigate this matter, prepare this fee motion, and to appear at the hearing, all increased by a .5 multiplier. Defendant did not file a motion to tax costs; therefore, Plaintiff is entitled ...

Excerpt: ...that Defendant failed to repair within a reasonable number of attempts and refused to repurchase the vehicle. Plaintiff alleges violations of the Song-Beverly Consumer Warranty Act. II. ARGUMENTS Plaintiff requests an order to compel Defendant to respond to document requests to which Defendant made meritless objections. All the discovery at issue relates to Plaintiff's claims alleged against Defendant. Defendant responded with boilerplate objecti...

Excerpt: ...nd refused to repurchase the vehicle. Plaintiff alleges violations of the Song-Beverly Consumer Warranty Act. II. ARGUMENTS Plaintiff requests an order compelling Defendant to produce its person most qualified (“PMQ”) to testify on the categories identified in Plaintiff's Notice of Deposition and Demand to Produce Documents served on January 25, 2022. Plaintiff served an Amended Deposition notice on May 15, 2023, however, Defendant objected a...

Excerpt: ...crimination. Plaintiffs allege claims for statutory violations of the Fair Employment Housing Act, and for a violation of the Private Attorneys General Act (“PAGA”.) II. ARGUMENTS Defendant, Amware Fulfillment, LLC, argues that Plaintiff's 12 th cause of action for PAGA violation is untimely and barred by the one-year statute of limitations. Plaintiff did not file the mandatory pre-filing notice required by statute. Defendant timely served Pl...

Excerpt: ...tiff alleges claims for negligence and intentional tort against Kemper Auto Insurance (“Defendant”). Defendant argues that the claim for negligence is barred by the two-year statute of limitations. Kemper is not a proper party. At the time of the incident the other driver involved in the accident, Hugo Esteban, was Defendant's insured. Plaintiff cannot bring a direct cause of action against a negligent party's insurer. Esteban was not Defenda...

Excerpt: ...lex. Defendant allegedly breached the agreement by failing to begin construction as contemplated by the parties' agreement. On April 24, 2023, Plaintiff served notice to quit or vacate by May 15, 2023. Defendant remains in possession. II. ARGUMENTS Defendant demurs to the complaint on grounds Plaintiff did not allege that it gave Defendant proper notice to vacate. Plaintiff accepted rent for a portion of May 2023 after terminating the lease on Ap...

Excerpt: ...iability, breach of warranty, and negligent hiring/supervision/retention/training. On April 26, 2023, the Second District Court of Appeal affirmed a ruling by the Hon. Maurice Leiter granting Defendant's Motion for Summary Judgment on grounds Defendant was Plaintiff's employer as a matter of law, and Plaintiff was barred from asserting claims against Defendant pursuant to the workers' compensation exclusivity doctrine. The Court of Appeal awarded...

Excerpt: ...ision. Nonprofits Insurance Alliance of California (“Intervenor”) moves to intervene on grounds it issued a liability insurance policy to LPW, now a suspended corporation. LPW cannot defend itself in this action as a result. Intervenor will be liable for any judgment obtained against LPW. Therefore, Intervenor is the real party in interest with a direct and immediate interest in the litigation. Intervenor timely served all interested parties....

Excerpt: ...ttempts in violation of the Song-Beverly Consumer Warranty Act. II. ARGUMENTS Plaintiff requests an order to compel Defendant to produce its person most qualified (“PMQ”) to testify on the categories identified in Plaintiff's Notice of Deposition and Demand to Produce Documents served on May 5, 2022. Defendant objected and stated no witness would be produced. Defendant did not respond to two letters from Plaintiff requesting deposition dates....

Excerpt: ...IES, SET ONE; AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, FROM DEFENDANT, MIGUEL VAZQUEZ, AND REQUEST FOR MONETARY SANCTIONS [TENTATIVE] ORDER DENYING PLAINTIFF'S THREE MOTIONS TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE; SPECIAL INTERROGATORIES, SET ONE; AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, FROM DEFENDANT, VAZQUEZ TRANSPORT, AND REQUEST FOR MONETARY SANCTIONS [TENTATIVE] ORDER DENYING PLAINTIFF'S TWO MOTIONS FOR ORDER...

Excerpt: ...h its obligations to repair or replace the vehicle which subsequently developed defects. Plaintiff alleges claims for breach of express and implied warranty under the Song- Beverly Consumer Warranty Act (“SBA”) against Nissan and asserts a claim for negligent repair against HGreg Auto Buena Park, LLC. II. ARGUMENTS Plaintiff asks the Court to reconsider its order compelling arbitration of this matter based on Ochoa v. Ford Motor Company (Ford...

Excerpt: ...unable to repair. Nissan allegedly failed to comply with its obligations to repair or replace the vehicle under the Song-Beverly Consumer Warranty Act (“SBA”). Plaintiff alleges claims for breach of express and implied warranty against Nissan and a claim for negligent repair against Nissan of Downtown LA. II. ARGUMENTS Plaintiff asks the Court to reconsider its order compelling arbitration of this matter based on a recent case which is persua...

Excerpt: ...y alleges claims for fraudulent concealment, negligent hiring and supervision, intentional and negligent infliction of emotional distress, and negligent misrepresentation. Plaintiff, Brian Gregory, asserts a claim for loss of consortium. II. ARGUMENTS Plaintiffs move to amend the complaint based on discovery of new facts in April 2023. Plaintiffs will add claims for negligence, gross negligence, negligence per se, breach of fiduciary duty, and wi...

Excerpt: ...urchase of Main Street Gas & Food Mart (“the Mart”). Plaintiff contends Defendants deprived him of his shares and joint ownership of the Mart. RHDM and Ansari (collectively, “RHDM” or “Cross-Complainants”) filed a cross-complaint against Hesham Elbialy; Elbialy Group, Inc.; HM Petroleum Group, Inc, and Emesiry, Inc. (“Elbialy” or “Cross-Defendants”) and Monem alleging 17 causes of action for breach of contract among other clai...

Excerpt: ...r, Dorothea Johnson, was shot and killed on the premises. Plaintiff alleges claims for negligence and premises liability. II. ARGUMENTS A. Defendants' arguments Defendants, South Bay Villa Preservation, LLP and SBV Housing Preservation, LLP, (collectively “SPV”) demur to the second cause of action for negligence since Plaintiff was not physically present at the time her daughter was shot, and therefore, cannot claim to be a bystander for purp...

Excerpt: ...reement for use of the premises as a gas station and food mart. Plaintiffs allege Defendant forcefully and wrongfully evicted Plaintiffs and locked them out of the premises without complying with the requirements for unlawful detainer. Defendant allegedly failed to give written notice to Plaintiffs about the sale of the premises although Plaintiffs had the contractual right to exercise an option to purchase. Plaintiffs allege claims for breach of...

Excerpt: ... termination and wage violations under the Labor Code. II. ARGUMENTS Defendant argues that Plaintiff agreed in writing to submit any claims arising out of her employment to binding arbitration under the Federal Arbitration Act and the California Arbitration Act. The arbitration agreement is not unconscionable. The Court should stay the action while the arbitration is pending. In opposition, Plaintiff argues that Defendant has not met its burden o...

Excerpt: ...Apartments. Defendant, Firth 1, LLC, (“Firth”) bought adjacent real property and built residential units. Plaintiffs allege that Defendants did not obtain a survey prior to construction and failed to meet setback requirements. The parties disputed whether McCoy's north wall was built on McCoy's property. Firth hired Defendant, Karen Korganyan (“Korganyan”), who allegedly prepared a contrived survey that misallocated the boundary to make i...

Excerpt: ...ether agreed to purchase Main Street Gas & Food Mart (the Mart). Defendants, Mohammed Ali (“Ali”) and Eagles Mortgage, Inc. (“Eagles”) collectively “Broker Defendants,” served as agents/brokers on behalf of Plaintiff and Ansari in the purchase of the Mart. Plaintiff Monem alleges that Defendants tricked Plaintiff into signing amended escrow instructions in which the buyer of the Mart would be Defendant, RHDM Oil, Inc. (“RHDM”) ins...

Excerpt: ...rch 9, 2023, for Plaintiff to show proof of release of annuity funds. Moving party was ordered to give notice. (Min. Ord. 11/10/22.) Plaintiff did not give notice of the OSC set for March 9, 2023, as ordered by Judge Filer. The parties did not appear for the OSC hearing on March 9, 2023, nor did Plaintiff file proof the annuity funds were released. The Hon. Michael Shultz continued the hearing to April 28, 2023, for failure to appear and failure ...

Excerpt: ...tract, breach of the warranty of habitability, intentional infliction of emotional distress, negligence, nuisance, and wrongful eviction. II. ARGUMENTS Defendants, Tanisha McNeal and Penmar Management & Finance (“Penmar”) (collectively, “Defendants”) demur to the claim for intentional infliction of emotional distress on grounds Plaintiffs have not alleged facts showing extreme and outrageous conduct. Defendants separately move to strike p...

Excerpt: ...llege Defendants forcefully and wrongfully evicted Plaintiffs and locked them out of the premises without complying with the requirements for unlawful detainer. If Defendants desired to sell the premises, Plaintiffs allege they had the right of first refusal. Defendants failed to give written notice to Plaintiffs about the sale. Plaintiffs allege claims for breach of contract and declaratory relief. Defendant, Mohummed S. Islam, filed a cross-com...

Excerpt: ...ant allegedly failed to repair. Plaintiff alleges claims for violations of the Song-Beverly Consumer Warranty Act and for fraudulent concealment. II. ARGUMENTS Defendant demurs to the fourth cause of action for fraudulent concealment because Plaintiff does not allege a transactional relationship giving rise to a duty to disclose, which is a necessary element of the claim. The claim is also not alleged with specificity. Since the fraudulent concea...

Excerpt: ...f a 2019 Jeep Grand Cherokee manufactured by FCA. The vehicle developed engine, transmission, and other defects that FCA allegedly failed to remedy in violation of the Song-Beverly Consumer Warranty Act ("the SBA"). On May 19, 2023, Plaintiff filed a dismissal of Defendant, Champion Chrysler Jeep Dodge ("Champion"). Therefore, the Court takes off calendar Champion's motion to compel arbitration. II. ARGUMENTS Defendant FCA requests an order compe...

Excerpt: ...ien in violation of the Self-Storage Facility Act ("Act"). Plaintiff alleges causes of action for conversion, fraud, for an injunction, and for violation of the Act On December 1, 2021, the Hon. Thomas D. Long denied Plaintiffs request for a preliminary injunction. ARGUMENTS Defendant moves to bifurcate the liability and punitive damage phases. Plaintiff cannot support claims for either fraud or punitive damages. There are no facts to support the...

Excerpt: ...l 4, 2023. The Court continued the hearing to permit Defendant to file a supplemental declaration with admissible evidence substantiating Uber's sign-in procedures on its platform. II. ARGUMENTS Uber moves to compel Plaintiff to arbitrate his personal injury claims based on the mandatory arbitration provision set forth in Uber's Terms of Service ("Terms") to which Plaintiff agreed when he signed up for a rider account. The provision delegated the...

Excerpt: ... parental rights causing Plaintiff emotional distress since the vaccinations are against Plaintiffs religious beliefs, and Defendant did not obtain Plaintiffs consent. Plaintiff King-Harvey suffers from recurring headaches. II. Arguments Plaintiffs request leave to file a Third Amended Complaint to add additional causes of action for unlawful business practice, intentional infliction of emotional distress, failure to obtain informed consent, and ...

Excerpt: ... also subjected her to daily harassment. Plaintiff resigned because she was unable to continue working in that environment. Plaintiff alleges 13 causes of action for violations of the Federal Employment and Housing Act ("FEHA"), wage violations under the Labor Code and for wrongful constructive termination. ARGUMENTS Defendant, Paramount Transportation Logistics Services, LLC, requests an order to compel Plaintiff's appearance for a mental examin...

Excerpt: ...f action for battery, negligence, emotional distress, fraudulent concealment, nuisance, and breach of contract. Defendants, Carson Hospitality Group, Inc., dba Motel 6 Los Angeles-Carson, G7 Hospitality, LLC, and Tim Lamb (collectively "Defendants") demurs to the claims for battery, intentional infliction of emotional distress, and private nuisance on grounds they are barred by the applicable statutes of limitations or otherwise fail to state suf...

Excerpt: ...m physical activities to accommodate Plaintiffs medical condition ("brittle bone disease"). Defendants allegedly failed to accommodate Plaintiff and required Plaintiff to run during a physical education class. Plaintiff fell and suffered multiple fractures. Plaintiff alleges eight causes of action for violations of the Americans with Disabilities Act, the Unruh Civil Rights Act, and negligence against Defendants, Watts Learning Center Foundation,...

Excerpt: .... ARGUMENTS Defendants, PR Logistics, LLC ("Logistics"); Link Logistics Solutions, Inc. ("Link"); and ALG Worldwide ("ALG) (collectively, "the Corporate Defendants") and Robert Reznik ("Reznick"); Julieta Colio ("Colio"; and Jenny Lepe ("Lepe") (collectively, "individual Defendants") demur to all causes of action. Defendants contend the fraud claims are not alleged with specificity, and the facts do not state a basis for liability against Reznick...

Excerpt: ...between the parties. Plaintiff alleges claims for negligence and motor-vehicle negligence. In the first motion, Plaintiff asks for an order to compel Defendant, Boaz Kim ("Kim"), to appear for his deposition and for an order imposing monetary sanctions. The second motion seeks an order to compel Defendant, Arms Trans, Inc. (MATI") to designate employee(s) or other persons knowledgeable ("PMK") to testify at depositions. As both motions concern th...

Excerpt: ...rough a series of grant deeds. The property has since been placed into a living trust bearing Plaintiffs and Angelina's name, although Plaintiff contends he did not create it and has no knowledge of it. Plaintiff alleges he is not aware if the grant deeds that he and Angelina signed were either forged or obtained by fraud. Plaintiff alleges claims to quiet title, cancel instruments, and for financial elder abuse. II. ARGUMENTS Plaintiff requests ...

Excerpt: ... it is uncertain, and the two causes of action are duplicative. Plaintiff argues the claims are adequately alleged. The motor vehicle negligence claim is based on Costco's negligent entrustment of the vehicle to Zapata. In reply, Costco argues the complaint does not allege facts as to Costco's alleged negligence. Ill. LEGAL STANDARDS The bases for demurrer are limited by statute and may be sustained for failure to state facts sufficient to state ...

Excerpt: ...t based on race, color, and ancestry and retaliated against Plaintiff when he complained about the unlawful practices. Plaintiff alleges eight causes of action for employment-related claims in violation of the Fair Employment & Housing Act ("FEHA") and for failure to provide meal and rest breaks in violation of the Lalr,r Code. II. ARGUMENTS Defendants collectively ask for an order compelling Plaintiff to submit his claims to binding arbitration....

Excerpt: ...probate matter settling the Estate of Margie Lee Hamilton ("Estate"). Prior to this order, the parties, who are siblings, entered into an informal verbal agreement wherein Defendant, Tanya Hamilton, 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 Plaintiffs knowledge. Pla...

Excerpt: ...verly Consumer Warranty Act ("the Act"). II. ARGUMENTS Plaintiff requests an order compelling Defendant to produce documents. Defendant has asserted meritless objections and non-responsive statements. Plaintiff requests imposition of sanctions. Defendant argues that there is no good cause for "far reaching" discovery. The requests are not specific and are overbroad. In reply, Plaintiff states that Defendant has not produced engineering and root c...

Excerpt: ...nt hiring and retention, and for negligence. The Court initially heard this matter on March 14, 2023, and continued the hearing at defense counsel's request. ARGUMENTS Defendant, Infotech Institute, Inc., dba Healthcare Career College ("Infotech" or "Defendant"), requests an order compelling Plaintiff to submit the claims to binding arbitration pursuant to the parties' agreement. The agreement is enforceable and applies to any dispute against Inf...

Excerpt: ...ided by Los Angeles Unified School District (“LAUSD”) at Banneker Career and Transition Center (“Banneker”). Plaintiff alleges claims for assault and battery, sexual battery, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent supervision, and dependent adult abuse. II. ARGUMENTS Defendant LAUSD moves for summary judgment or adjudication of the claims for negligent infliction of emotional di...

Excerpt: ...f the premises. II. ARGUMENTS Defendant argues that the five-day notice was served at the wrong address and does not satisfy statutory or contractual notice requirements. Plaintiff argues that the demurrer improperly argues the merits of the case and relies on documents outside the complaint. Defendant improperly imposes notice requirements not rooted in the law. III. LEGAL STANDARDS The bases for demurrer are limited by statute and may be sustai...

Excerpt: ...s pastor, Howard Swancy ("Pastor Swancy"), Defendants, Tamara Swancy-Prince ("Prince") and Priscilla Woods Brown ("Brown"), (collectively "Individual Defendants"), alleged to be de facto officers or directors of PAC, improperly spent PAC funds and engaged in other misconduct. Plaintiffs allege claims for declaratory relief, enforcement of inspection rights, breach of fiduciary duty, accounting, fraud, conversion, unjust enrichment, and false adve...

Excerpt: ...s transmission, braking, and mechanical systems which Defendant failed to remedy or repair in violation of the Song-Beverly Consumer Warranty Act. On February 22, 2022, the Hon. Thomas D. Long granted Plaintiffs motion to compel Defendant's further responses to Request for Production of Documents, Set One. Judge Long ordered Defendant to provide further, verified, and code-compliant responses without objection and a privilege log where applicable...

Excerpt: ...intiff to arbitrate his personal injury claims based on the mandatory arbitration provision set forth in Ubeds Terms of Service to which Plaintiff agreed when he signed up for a rider account. The provision delegated the responsibility of determining arbitrability to the arbitrator. Plaintiff argues Defendant relies on the declaration of its lead paralegal, who does not state any foundation or qualifications regarding the Uber platform. The decla...

Excerpt: .... The vehicle developed numerous defects which Nissan allegedly failed to replace or replace in violation of the Song-Beverly Consumer Warranty Act ("the SBA"). Plaintiff alleges a separate claim for negligent repair against Nissan of Torrance, LLC. 11. ARGUMENTS Defendant Nissan requests an order compelling this matter to binding arbitration pursuant to the Federal Arbitration Act ("FAA") as required by the Retail Installment Sales Contract ("Sa...

Excerpt: ...comply with its obligations under the Song-Beverly Consumer Warranty Act (the "SBA"). Plaintiffs allege claims for violations of the SBA. Defendant Honda requests an order compelling this matter to binding arbitration pursuant to the Federal Arbitration Act (FAA) as required by the Retail Installment Sales Contract (Sales Contract) that Plaintiffs signed at the time of purchase. The Sales Contract required arbitration of all claims arising out of...

Excerpt: ...ry medications and treatment after she slipped and fell. Plaintiff fell again while climbing to the top bunk. Plaintiff alleges claims for: 1. 2. 3. 4. 5. Failure to Summon Immediate Medical Care Negligence Intentional Infliction of Emotional Distress Violation of the Bane Civil Rights Act Negligence Medical Malpractice 111. ARGUMENTS Defendants request an order granting summary judgment or adjudication of all causes of action alleged against all...

Excerpt: ...LLC ("A&M") which is managed by Defendant, Mohammad Bahmani ("Bahmani"). Plaintiff alleges claims for abatement, injunction, equitable relief, and for civil penalties. On January 25, 2023, the Hon. George F. Bird heard and granted Plaintiffs ex parte application for the amr,intment of a receiver and set an order to show cause regarding the receiver's confirmation, to be heard concurrently with Defendants' motion for reconsideration. II. ARGUMENTS...

Excerpt: ...7. On October 10, 2019, the Hon. Gary Y. Tanaka granted Plaintiffs unopposed motion to enforce settlement. The settlement was conditioned on Defendant's obligation to modify the property and obtain the required permits within an allotted time period. Judge Tanaka set an order to show cause regarding enforcement of the agreement for December 19, 2019. (See Min. Ord. of 10/10/19). The OSC was continued to January 31, 2020, when the parties stipulat...

Excerpt: ...etention, and for negligence. Defendant, Infotech Institute, Inc., dba Healthcare Career College (“Infotech”), requests an order compelling Plaintiff to submit the claims to binding arbitration pursuant to the parties' agreement. The agreement is enforceable and applies to any dispute against Infotech as well as its employees. In opposition, Plaintiff argues that under federal law, the arbitration agreement is voidable at Plaintiff's election...

Excerpt: ...etention, and for negligence. Defendant, Infotech Institute, Inc., dba Healthcare Career College (“Infotech”), requests an order compelling Plaintiff to submit the claims to binding arbitration pursuant to the parties' agreement. The agreement is enforceable and applies to any dispute against Infotech as well as its employees. In opposition, Plaintiff argues that under federal law, the arbitration agreement is voidable at Plaintiff's election...

Excerpt: ...Plaintiff's multi- family apartment building. Plaintiff alleges insurance bad faith and related claims against Travelers and one cause of action against Defendant, Garzella Group (“GG”), an insurance broker, for negligence for failing to obtain the proper insurance to cover Plaintiff for fire loss. II. ARGUMENTS Defendant argues that the seventh cause of action for negligence fails to state a claim against GG, as Plaintiff did not allege suff...

Excerpt: ...Plaintiff's multi- family apartment building. Plaintiff alleges insurance bad faith and related claims against Travelers and one cause of action against Defendant, Garzella Group (“GG”), an insurance broker, for negligence for failing to obtain the proper insurance to cover Plaintiff for fire loss. II. ARGUMENTS Defendant argues that the seventh cause of action for negligence fails to state a claim against GG, as Plaintiff did not allege suff...

Excerpt: ... causing Plaintiff emotional distress as the vaccinations are against Plaintiff's religious beliefs and Defendant did not obtain Plaintiff's consent. II. Arguments Plaintiff requests an order for leave to file a Second Amended Complaint to add as a Plaintiff, Bella King-Harvey, Plaintiff's daughter who was vaccinated and now suffers recurring headaches as a result of the vaccine. Defendant will not suffer any prejudice. Defendant filed a notice o...

Excerpt: ...ing the tenancy, Plaintiff increased the rent from $900 per month to $1,000 per month, however, the rent increase was not in writing as required by law. The Court's file does not reflect that Plaintiff filed an opposition. However, in unlawful detainer actions, an opposition and reply can be made orally at the time of the hearing. ( Cal Rules of Court, Rule 3.1351 ). A motion for summary judgment in an unlawful detainer action may be made at any ...

Excerpt: ...ff for collection. The claim alleges a cause of action for breach of contract against Driscoll Electric (“the Company”) whose default the Clerk entered on April 21, 2021. The Company's principal, Dereik Driscoll (Driscoll), filed an answer on April 15, 2021. Plaintiff now files a motion for judgment on the pleading against the individual Defendant, Driscoll, as well as a request for court judgment by default against the Company. A motion for ...

Excerpt: ...serve or maintain the vehicle's utility and performance. The vehicle's transmission was defective, and Nissan allegedly failed to comply with its obligations to repair or replace the vehicle under the Song-Beverly Consumer Warranty Act (“the SBA”). Plaintiff alleges claims for violations of the SBA, fraudulent misrepresentation, and fraudulent concealment of material facts. II. ARGUMENTS Defendant Nissan requests an order to compel Plaintiff ...

Excerpt: ...os”), while at his place of employment for Defendant, Fenico Precision Castings, Inc. (“Fenico”). Plaintiffs sue Fenico and Springfield Armory, Inc., the gun manufacturer (“Springfield”) for wrongful death. II. ARGUMENTS Defendant Springfield demurs to the complaint on grounds Plaintiffs' claims for wrongful death and negligent entrustment of a dangerous instrumentality are barred by a federal immunity statute. None of the statutory exc...

Excerpt: ...al guarantor of the lease. Plaintiff, Hadi Farid, and Defendant Kharrazi are owners and managing members of AIG. The lease expired by its own terms on February 1, 2022 and has not been legally extended or renewed. Defendants allegedly failed to vacate the premises. II. ARGUMENTS Defendants contend that the Plaintiffs do not allege that they served a three-day notice to terminate the tenancy that complies with the requirements of statute. Defendan...

Excerpt: ...o operate a medical marijuana dispensary. Defendants allegedly filed fraudulent and misleading corporate documents with the California Secretary of State purporting to merge THC with Pacoima Recovery Collective and took physical possession of Plaintiffs' sellers' permit. Plaintiffs substituted Defendant, Ray Christopher Chacon San Miguel (Chacon), for Doe 1. (Am. to 4AC, filed 6/10/22). Plaintiffs allege claims for conversion, fraud, unjust enric...

Excerpt: ... a necessary party, namely the beneficial owner of the Deed of Trust at issue, who is Wachovia Bank, the original lender. The claims are barred because Plaintiff should have filed these claims as a compulsory cross-complaint in CV17-3373 Ronald Hills v. Wells Fargo Bank, et al, filed May 4, 2017 in the United States District Court. (RJN Ex. 2). Defendant also argues that the claims fail to state causes of action. Plaintiff's counsel filed an unti...

Excerpt: ...Act), (2) negligence, (3) assault, and (4) battery, and (7) intentional infliction of emotional distress. II. ARGUMENTS Defendant, County of Los Angeles (“County”), moves to reopen discovery to obtain Plaintiff's current medical records. On January 10, 2023, the County obtained a declaration from Plaintiff given in Case No. 20STCV03156 Escalante v. Canizales wherein Plaintiff declared that he recovered from injuries sustained in this action w...

Excerpt: ... Plaintiff Courtney alleges claims for fraudulent concealment, negligent hiring and supervision, intentional and negligent infliction of emotional distress, and negligent misrepresentation. Plaintiff, Brian Gregory, asserts a claim for loss of consortium. II. ARGUMENTS Plaintiffs personally served a business records subpoena on nonparty, Scoot Education Inc. (“Scoot”), an education staffing company that purportedly provides support services t...

Excerpt: ...cilities (Orion). Plaintiff allegedly sustained an injury to his arm while attempting to remove an obstruction in equipment he was using at the time. Plaintiff alleges claims for negligence, products liability and related warranty claims against Gloucester Engineering, Co., Inc., and BW PTI Holdings (Doe 1), and negligent hiring, supervision, retention, and training against Orion. Defendants, Gloucester Engineering Co., Inc., and BW PTI Holdings ...

Excerpt: ...eles Police Department informed the Plaintiff that Defendant stole the vehicle. Plaintiff alleges claims for (1) breach of contract, (2) fraud, and (3) breach of the covenant of good faith and fair dealing. On December 14, 2021, the Hon. Thomas D. Long granted Defendant's unopposed motion for judgment on the pleading on all causes of action. On January 4, 2022, Judge Long granted Defendant's unopposed motion to deem admitted Plaintiff's responses...

Excerpt: ...e three‐day notice to pay rent or quit did not state that weekends and holidays were excluded. The notice did not inform when rent was due or when the notice period expired. Therefore, the complaint fails to state a claim for unlawful detainer. Plaintiff filed its opposition on January 20, 2023, arguing that the three‐day notice to pay rent or quit notice complies with statutory requirements. The notice is not required that state that the not...

Excerpt: ...ce to its insured, who sustained water damage to his home on March 10, 2021, allegedly caused by Defendant, Hilliard Contracting Services (Hilliard) and H20 Dynamics (H20), who were contracted to install rain barrels at the insured's home. Plaintiff paid insurance benefits totaling $79,112.95 to its insured for the water damage. On March 30, 2022, H20 filed a cross‐complaint against Cross‐Defendant Hilliard for indemnity and contribution. The...

Excerpt: ... on December 13, 2017. On October 10, 2019, the Hon. Gary Y. Tanaka granted Plaintiff's unopposed motion to enforce settlement. The settlement was conditioned on Defendant's obligation to modify the property and obtain the required permits within an allotted time period. See Min. Ord. of 10/10/19. On January 31, 2020, Judge Tanaka held a hearing on the Court's Order to Show Cause Re: Enforcement of Settlement. The parties agreed that Defendant wo...

Excerpt: ... the purchase of a new 2020 Nissan Altima. The vehicle allegedly developed defects relating to its emergency braking system which Nissan was unable to repair. Nissan allegedly failed to comply with its obligations to repair or replace the vehicle under the Song‐Beverly Consumer Warranty Act (the SBA). Plaintiffs allege claims for breach of express warranty under the SBA, fraudulent inducement, and fraudulent concealment against Nissan and a sep...

Excerpt: ...or Respondent to withdraw herself from the November 8, 2022 ballot, remove the candidate statements made by the City Clerk and Vera Robles DeWitt, and withdraw her status as designated elections official because of her conflict of interest. On September 22, 2022, the Hon. Ricardo R. Ocampo, denied Petitioner's ex parte application seeking the same relief on grounds of defective notice. II. ARGUMENTS Respondent, Khaleah Bradshaw, in her official c...

Excerpt: ...s) and had the right to possess permits and licenses to operate a medical marijuana dispensary. Defendants allegedly filed fraudulent and misleading corporate documents with the California Secretary of State purporting to merge THC with Pacoima Recovery Collective and took physical possession of Plaintiffs' sellers' permit. Plaintiffs allege claims for conversion, fraud, unjust enrichment, intentional interference with prospective economic advant...

Excerpt: ...ssan allegedly failed to comply with its obligations to repair or replace the vehicle under the Song‐Beverly Consumer Warranty Act (the “SBA”). Plaintiff alleges claims for breach of express and implied warranty against Nissan. Plaintiff sues Nissan of Downtown LA (Nissan DTLA) for negligent repair. II. ARGUMENTS A. Defendant's Motion filed December 13, 2022. Defendant Nissan requests an order pursuant to the Federal Arbitration Act (FAA) t...

Excerpt: ...l title to the vehicle. Yao failed to make regular monthly payments and now owes $38,986.62. Defendant Yao transferred the vehicle to Defendants, Tan‐Ing Chou, FCC Logistics, Inc, (collectively, the Body Shop), who applied to the California Department of Motor Vehicles (DMV) for approval to conduct a lien sale, which Plaintiff has opposed. Plaintiff alleges claims for claim and delivery of personal property and writ of possession, conversion, q...

Excerpt: ... professional fees, and the cost of permits. Defendants did not commence work. Plaintiff later determined that Defendants were unlicensed contractors. Plaintiff alleges claims for violation of Business and Professions Code, section 7028 (failure to obtain license); unjust enrichment, fraud, and for violation of Business and Professions Code, section 17200 (unlawful business practices). Plaintiff prays for an award of punitive damages and treble d...

Excerpt: ...e to the home. Defendant now claims to be the sole owner. Plaintiffs allege claims for partition, accounting, breach of contract, breach of the implied covenant of good faith and fair dealing, fraud, constructive trust, and declaratory relief. Defendant demurs to all seven causes of action on grounds the complaint fails to state facts sufficient to support each claim as further discussed below. Defense counsel met and conferred with Plaintiffs' c...

Excerpt: ...lastic sheets onto cardboard tubes when the machine jammed. Plaintiff reached into the machine to remove the jam as instructed by his supervisor, which caused injury when the equipment caught Plaintiff's arm. Plaintiff alleges claims for negligence, products liability and related warranty claims against Gloucester Engineering, Co., Inc., and BW PTI Holdings (Doe 1), and negligent hiring, supervision, retention, and training against Orion. On July...

Excerpt: ...ng with the permission and consent of Lincoln Transportation Services, Inc. (“Lincoln”). At the time of the incident, Defendant, Kevin Raul Grande (“Grande”), was parked on the street in his commercial truck owned by Defendant, Silva's Transport Express, Inc. (“Silva”) and speaking to Plaintiff about delivering his cargo to Plaintiff's place of employment, West Coast Warehousing (“West Coast”). Grande allegedly failed to warn Plai...

Excerpt: ...ased by Plaintiff. Plaintiff alleges that Baksh issued a Warranty of Completion of Construction to Plaintiff on November 6, 2017, which obligated Baksh to remedy all defects discovered within one year from that date. Plaintiff notified Baksh on three occasions from April through June of 2018, regarding major defects in the construction which Baksh allegedly refused to repair. Plaintiff alleges that both his realtor agents, and the owner's realtor...

Excerpt: ...efendants, Mohammed Ali (Ali) and Eagles Mortgage, Inc. (Eagles) collectively “Broker Defendants,” served as agents/brokers on behalf of Plaintiff and Ansari in the purchase of the Mart. Plaintiff alleges that Defendants tricked Plaintiff into signing amended escrow instructions in which the buyer for the Mart would be Defendant, RHDM Oil, Inc. (RHDM) instead of Monem and Ansari, with Plaintiff holding a 2/3 ownership interest in RHDM. Plaint...

Excerpt: ...o acknowledge or recall. Plaintiff alleges claims for violation of the Song‐Beverly Consumer Warranty Act and for fraudulent inducement/concealment. II. ARGUMENTS Defendant demurs to the second cause of action for fraudulent concealment on grounds it is barred by the three‐year statute of limitations. Plaintiff bought the vehicle on August 18, 2018 but did not file suit until September 14, 2022. Plaintiff has not alleged that she had a direct...

Excerpt: ...tle to the home. Defendant now claims to be the sole owner. Plaintiffs allege claims for partition, accounting, breach of contract, breach of the implied covenant of good faith and fair dealing, fraud, constructive trust, and declaratory relief. Defendant demurs to all seven causes of action on grounds the complaint fails to state facts sufficient to support each claim as further discussed below. Defense counsel met and conferred with Plaintiffs'...

Excerpt: ...in Mr. Mallari (“Mr. Mallari”). Plaintiff alleges that Mr. Mallari made sexual advances toward Plaintiff and threatened to demote Plaintiff when she complained. The SAC alleges claims for hostile work environment (harassment) against both Defendants and failure to prevent harassment against Defendant County. II. ARGUMENTS A. Motion filed October 5, 2022 Defendant County moves for summary judgment, or alternatively, adjudication of the second ...

Excerpt: ...nditions that made the premises uninhabitable. Plaintiffs allege claims for (1) failure to provide habitable dwelling, (2) breach of the covenant of quiet enjoyment, (3) nuisance, (4) and negligence. The court initially heard this motion on November 17, 2022, and continued the hearing at Defendant's request to timely serve Plaintiff with the motion. II. ARGUMENTS Defendant moves to strike the prayer for punitive damages and for attorney's fees on...

Excerpt: ...marks on her arm. Plaintiff has a rare genetic disorder which limits her ability to move independently. Defendant allegedly failed to supervise Plaintiff for her safety and protection. Plaintiff alleges claims for (1) Negligence, (2) Negligent Hiring, Supervision, and Retention; (3) Negligent Supervision, and (4) Intentional Infliction of Emotional Distress. On April 25, 2022, Plaintiff filed a Notice of Settlement of Entire Case. On July 5, 2022...

Excerpt: ...a marijuana business at the property without a license. Plaintiff alleges claims for (1) abatement, (2) public nuisance, (3) violation of Municipal Code Chapter 9‐24.3, (4) violation of Municipal Code Chapters 30‐33, (5) Violation of Unfair Competition law, and (6) violation of Bus. and Prof. Code §26000. II. ARGUMENTS A. Demurrers filed on November 1, 2022 Defendants, San Pedro and Haghnazarzadeh, filed separate demurrers. San Pedro demurs ...

Excerpt: ...k on the Project. Plaintiff alleges that Defendant was understaffed, causing the Project to fall behind schedule. Defendant abandoned the Project on November 8, 2021, in breach of its obligations. Plaintiff was required to hire a replacement electrical subcontractor to complete the work. Plaintiff alleges claims for breach of contract with damages estimated at $841,302.11. II. ARGUMENTS Defendant's demur, filed on November 2, 2022, asserts that t...

Excerpt: ...he Song‐Beverly Consumer Warranty Act (“the SBA”). Plaintiff alleges claims for violations of the SBA. II. ARGUMENTS A. Defendant's Motion filed October 4, 2022 Defendant requests an order to compel Plaintiff to submit this matter to binding arbitration as required by the Retail Installment Sales Contract (“the Sales Contract”) he signed. The broad scope of the arbitration provision requires binding arbitration for any dispute concernin...

Excerpt: ...ential unit at a common interest development managed by Defendant, Grace Garden Homeowners Association (“HOA”). On May 17, 2022, Plaintiffs amended the complaint to substitute Defendant, Estrella Tietz (“Tietz”) for Doe 1. Plaintiffs allege that Defendants refused to intervene in a parking dispute between Plaintiffs and a neighbor in violation of the Covenants, Codes, and Restrictions (“CC&Rs”). Plaintiffs allege claims for (1) breach...

Excerpt: ...ential unit at a common interest development managed by Defendant, Grace Garden Homeowners Association (“HOA”). On May 17, 2022, Plaintiffs amended the complaint to substitute Defendant, Estrella Tietz (“Tietz”) for Doe 1. Plaintiffs allege that Defendants refused to intervene in a parking dispute between Plaintiffs and a neighbor in violation of the Covenants, Codes, and Restrictions (“CC&Rs”). Plaintiffs allege claims for (1) breach...

Excerpt: ...n” or “Defendant”), was a contract manufacturer without a brand name. Defendant agreed to cover and advance costs related to making the products and provide marketing dollar support to Plaintiff who would be responsible for selling the products. In late August 2020, Plaintiff was no longer receiving status updates from Defendant. Defendant demanded Plaintiff's immediate payment for manufacturing costs although Defendant purportedly agreed t...

Excerpt: ...The complaint filed on October 7, 2020, asserts that Plaintiff and Defendant, Frances Williams (“Williams”), own a 50 percent interest in real property granted to them by Ginesha Stradford, Plaintiff's mother, who is also Williams' sister. Plaintiff and Williams listed the property for sale and received an offer, but Williams did not sign the escrow papers. Plaintiff subsequently learned that a forged deed purported to transfer her interest i...

Excerpt: ... Brian Ciscel (“Deputy Ciscel”), and Christian Hernandez (“Deputy Ciscel”, collectively, “Defendants”), for injuries sustained because of the death of Pablo Garcia, who was fatally shot by Defendants on May 21, 2019. Plaintiffs allege claims for (1) Negligence, (2) Assault and Battery, (3) Violations of Civil Code § 52.1, (4) Negligent Infliction of Emotional Distress, and (5) Intentional Infliction of Emotional Distress. On July 29,...

Excerpt: ...intiff did not have any problems with his vehicle registration. The information on the ticket issued to Plaintiff was false. The Judicial Council Form Complaint attaches a cause of action for “intentional tort,” although that tort is not identified. Plaintiff also checks other claims for discrimination and intentional infliction of emotional distress, although Plaintiff does not attach separate causes of action for the latter two claims. II. ...

Excerpt: ...st Amended Complaint (“FAC”) filed on September 9, 2022, alleges that the parties have been business partners for 50 years. This action seeks the determination of Plaintiff's various interests in real property (“the Paramount property”) in which Plaintiff sold his interest to Defendant for $500,000; Plaintiff's interest in C&A X‐Ray California (C&A), an entity he and Defendant co‐founded on April 13, 1983 and subsequently sold; and OS...