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: ...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: ...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: ... 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: ... ("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: ...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: ...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: ...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: ...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: ...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...