Excerpt: ...by operating a cannabis‐related operation. On July 12, 2022, Defendant filed this motion to quash service of summons and complaint on grounds Plaintiff deprived Defendant of the full three‐day period to perform or quit. The complaint alleges that the three‐day notice was left at the premises on March 19, 2022, and that it expired on March 22, 2022. Defendant argues that Plaintiff improperly calculated the period of notice by failing to excl...

Excerpt: ...turn his personal property. On July 28, 2022, the court heard and granted Defendant's motion for judgment on the pleading as to the first, second, third, fifth, and sixth causes of action alleged by Plaintiff Samuel as the claims were barred by the parties' settlement agreement in an earlier action on the same claims and issues. The case bearing Case No. 19CMCV00072 Jarvis Martin v. Samuel Martin, Jr. (the “2019 Action”) was dismissed with pr...

Excerpt: ...erial defects in a home purchased by Plaintiff. The matter was tried by a jury, who rendered a verdict in favor of Plaintiff on July 21, 2022, and against Defendants, Capero Investments, Inc. (“Capero”) and Louis Brian Teque (“Teque”) (collectively Defendants) for past and future economic loss totaling $106,852, and punitive damages of $250,000 against each Defendant. Plaintiff submitted a proposed judgment on July 28, 2022, to which Defe...

Excerpt: ...t and damages. Plaintiff filed the First Amended Complaint (“FAC”) on August 30, 2022. Defendant, Jay Anthony Eaton, filed his answer on September 30, 2022. Defendant filed this Motion for Judgment on the Pleading on September 30, 2022, after the court sustained Defendant's demurrer to Plaintiff's Complaint on August 29, 2022, with leave to amend. II. ARGUMENTS Defendant argues that the FAC is improperly verified. Additionally, Rochelle Handy...

Excerpt: ...laintiff alleges that Defendants failed to pay rent and common area expenses for the month of June. Plaintiff served Defendants with a three‐day notice to pay rent or quit. Defendants did not comply with the notice and remain in possession. II. ARGUMENTS A. Demurrer filed September 13, 2022. Defendants demur to the complaint on grounds the multiple three‐day notices to pay rent or quit are defective because they improperly include common area...

Excerpt: ...rests to Defendant, Micaela Plata, as joint tenants. In exchange, Defendant purportedly promised to refinance the existing mortgage and give $75,000 from the proceeds to Plaintiffs. Defendant allegedly failed to refinance the mortgage and refused to re‐convey Cuevas' interest in the property. Plaintiffs allege claims for promissory estoppel, fraud, and breach of contract. II. ARGUMENTS A. Motion filed July 18, 2022 Defendant argues that she is ...

Excerpt: ...ormed a surgical procedure on Plaintiff at St. Francis Medical Hospital (“St. Francis”). Dr. Udo allegedly removed Plaintiff's bile duct without her consent, requiring Plaintiff to wear a colostomy bag. Plaintiff alleges claims for negligence, battery, negligent infliction of emotional distress, and intentional infliction of emotional distress against Defendant Dr. Udo (first through third causes of action). The fourth cause of action for cor...

Excerpt: ... Group, LLC, and Titan Personnel, Inc. (collectively, “Defendants”) employed Plaintiff in May 2017 as a packer at 2839 East El Presidio Street in Carson. On July 14, 2017, while working, Plaintiff allegedly tripped over pallet jack that was negligently parked. Plaintiff avers that Defendants did not carry workers' compensation insurance in violation of the Labor Code. Plaintiff sues Defendants for (1) direct employer negligence, (2) negligenc...

Excerpt: ... On April 9, 2003, Decedent signed a quitclaim deed in favor of Plaintiff and Defendant, Ethel Johnson (“Johnson”), and Johnson's husband. However, the Johnsons prepared a second quitclaim deed with the help of a notary, Defendant R. Fontes, wherein the entire interest in the property was conveyed only to the Johnsons and removed Decedent and Plaintiff. The Johnsons then borrowed $110,000 and signed a Deed of Trust in favor of Bank of America...

Excerpt: ...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 to be r...

Excerpt: ...iff alleges the LifeVest released a shock or jolt due to a defective condition. II. ARGUMENTS A. Demurrer filed June 13, 2022 Defendant argues that Plaintiff's claims are pre‐empted by federal law unless Plaintiff can allege a parallel state claim. Plaintiff has not alleged that the medical device at issue, which is preapproved by the Federal Drug Administration (“FDA”), violated Federal Food, Drug, and Cosmetic Act (“FDCA”) that would ...

Excerpt: ...TS Defendants argue they are entitled to judgment on the pleadings since the three‐day notice does not identify a “person” to whom Defendants were required to pay rent in order to avoid forfeiture. Landlords are required to identify the person to whom rental payments can be made as well as the address where such payments can be sent. In opposition, Plaintiff argues that Defendants contracted to lease the premises from their property manager...

Excerpt: ... Plaintiff was enrolled. Plaintiff alleges that the District failed to screen Mullen's criminal history. Mullen allegedly made unwanted sexual advances toward Plaintiff. Plaintiff alleges claims for negligent hiring, intentional infliction of emotional distress, sexual battery, and violation of Civ. Code, § 51.9 (sexual harassment). II. ARGUMENTS The District demurs to the first cause of action for negligent hiring since Plaintiff failed to alle...

Excerpt: ...ered into a second contract on September 27, 2020, for the purchase of Gods Navi gloves (“GODS gloves”) pursuant to a contract for samples (“Sample Contract”). Defendants could not fulfill the order under the Sample Contract and proposed to replace it with WNAVI gloves. Defendants represented that the WNAVI gloves met FDA regulations for medical‐grade gloves. Therefore, Plaintiff entered into the Main Contract for purchase of WNAVI glov...

Excerpt: ...ts liability and negligence. II. ARGUMENTS A. Motion filed August 25, 2022 Moving party, Cannon Cochran Management Services, Inc. (“Intervenor”) moves to intervene in this action. Non‐party, Lyneer Staffing Solutions (“Lyneer”), placed Plaintiff for employment at Total Tires, Inc., (“Total Tires”) where the incident occurred. Intervenor is the administrator for State National Insurance Company, who provided worker's compensation ins...

Excerpt: ...ate the premises until April 25, 2022 and did not leave the premises in good operating order, preventing Plaintiff from delivering the premises to the next tenant on April 1, 2022. Plaintiff seeks holdover damages and costs incurred to restore the premises. Plaintiff alleges claims for breach of written lease, breach of guaranty, and various claims for common counts. II. ARGUMENTS A. Demurrer filed August 30, 2022 Defendants, Bennett Motor Expres...

Excerpt: ...ges that Plaintiffs leased residential real property from Defendants beginning in 2006. Plaintiffs allege that beginning February 17, 2021, the premises became uninhabitable. Plaintiffs alleges claims for (1) breach of contract, (2) breach of the warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) negligence, (5) constructive eviction, and tortious interference with prospective economic advantage. Defendants, Chineche Del...

Excerpt: ...ber 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. The requests fall into two general categories (1) documents relating to Defendant's internal investigations and analyses of the evaporative emissions (“EVAP”) defect (Requests 16‐21, 60; and (2) documents relating to Def...

Excerpt: ...o”), who was driving 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 at Plaintiff's place of employment, West Coast Warehousing. Grande allegedly failed to warn Pla...

Excerpt: ...CORPORATION AND FEDEX GROUND PACKAGING I. BACKGROUND The First Amended Complaint (“FAC”) filed on April 7, 2021, alleges that on December 8, 2018, Plaintiff attended a ticketed event held at a facility owned and controlled by Defendant. Plaintiff tripped and fell while walking to his seat. Plaintiff alleges claims for negligence and premises liability. This motion was originally heard on August 4, 2022 and granted in part. The court ordered D...

Excerpt: ...eaders of the Peace Apostolic Church, Inc. (“PAC” or “Church”). Plaintiffs allege that after the death of the church'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 that Defend...

Excerpt: ...he LifeVest released a shock or jolt due to a defective condition. II. ARGUMENTS A. Demurrer filed September 6, 2022 Defendant argues that Plaintiff's claims are pre‐empted by federal law unless Plaintiff can allege a parallel state claim. Plaintiff has not alleged that the medical device at issue, which is preapproved by the Federal Drug Administration (“FDA”), violated Federal Food, Drug, and Cosmetic Act (“FDCA”) that would give rise...

Excerpt: ...ing a canine to attack him. On July 28, 2022, Plaintiff dismissed the claims for false arrest and imprisonment and for malicious prosecution. The remaining claims are for (1) violation of Civ. Code, § 52.1, (2) negligence, (3) battery, (4) assault, and (5) intentional infliction of emotional distress. II. ARGUMENTS A. Motion filed August 16, 2022 Plaintiff seeks mandatory relief from the stipulation and order signed on April 13, 2022, wherein Pl...

Excerpt: ...rsuant to a written agreement. The container of gloves (“Container”) arrived in the port of Long Beach on June 21, 2021, and was transported to a warehouse operated by Defendant, Midas Express, Inc. (“Midas”). The TAC alleges that on August 16, 2021, Plaintiff inquired about taking over the warehouse storage contract between the Sellers and Midas, however, Midas required confirmation that Plaintiff owned the Container before Midas could p...

Excerpt: ...e 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. The requests sought internal investigation records relating to a power train defect in 2020 Chevrolet Silverado 1500 vehicles made by Defendant. Plaintiff met and conferred with Defendant to resolve Defendant's objections...

Excerpt: ...nted Defendant's motion for judgment on the pleading as to the first, second, third, fifth, and sixth causes of action as they were barred by res judicata because an earlier action on the same claims and issues were dismissed with prejudice (19CMCV00072 Jarvis Martin v. Samuel Martin, Jr.) On August 5, 2022, Defendant moved for judgment on the pleading on Plaintiff Anthony's claim for conversion for the alleged refusal to return Anthony's persona...

Excerpt: ...tiff believed to be another branch of C&A. Plaintiff alleges that Defendant used C&A funds to purchase real property in Paramount, California, and took title in his own name, although Defendant represented that both parties jointly owned the property. Defendant agreed to buy out Plaintiff's share of the real property and gave Plaintiff $200,000 as a cash down payment. Defendant never paid the balance owed to Plaintiff for the Paramount real prope...

Excerpt: ... the benefit of all parties. Plaintiff alleges claims for partition, for an accounting, partnership dissolution, constructive trust, breach of fiduciary duty, and waste. On March 4, 2019, Defendants filed a cross‐complaint against Roland Leon for breach of fiduciary duty, accounting and for declaratory relief. On February 7, 2022, the court entered default against Cross‐Defendant/Plaintiff Roland Leon. II. ARGUMENTS A. Motion filed August 3, ...

Excerpt: ...ebruary 16, 2018, pursuant to a grant deed. On October 19, 2019, Plaintiff signed a promissory note for a construction loan that was secured by a Deed of Trust in favor of LIA. Plaintiff alleges Defendants foreclosed on the property although Plaintiff repaid the loan. Plaintiff alleges claims for (1) Usury, (2) Breach of the Covenant of Good Faith and Fair Dealing, (3) Violation of Bus. & Prof. Code § 17200 (4) Wrongful Foreclosure, (5) Breach o...

Excerpt: ...endants with a three‐day and a 15‐day notice to pay rent or quit. Defendants did not comply with either notice. Defendants' motion, filed on August 2, 2022, argues that it is entitled to judgment in their favor because Plaintiff unlawfully increased the rent during the “Protected Period” established by the County of Los Angeles COVID‐19 Tenant Protections Resolution (“Resolution”). Rent increases were prohibited since March 4, 2020....

Excerpt: ...have noticed a sale for the property under the Deed of Trust for his alleged default on the promissory note. The complaint alleges Defendants violated statutory requirements for foreclosure on real property to support cancellation of instruments. On July 18, 2022, the court heard and denied Plaintiff's ex parte application as moot. According to Plaintiff, the trustee sale occurred prior the ex parte application was heard. Plaintiff, however, argu...

Excerpt: ...sale. Plaintiff alleges a claim for breach of contract and prays for consequential and compensatory damages pursuant to the Civil Code. Plaintiff has not alleged facts to support the existence of a contract, whether it was oral or written, or any of its material terms. II. II. ARGUMENTS The demurrer, filed June 13, 2022, argues that the FAC does not allege facts to support the existence of a contract or its relevant terms. Nor has Plaintiff alleg...

Excerpt: ...tion of the Bane Act, 2) negligence, 3) assault, 4) battery, and 5) intentional infliction of emotional distress. II. MOTION TO COMPEL FURTHER RESPONSE TO DEMAND FOR INSPECTION A. Motion filed on July 25, 2022 Plaintiff asks for an order to compel County of Los Angeles (“County”) to provide verified photographs of Sergeant Rene Barragan's (“Sgt. Barragan”) tattoos or to permit photographing of his tattoos as set forth in an inspection req...

Excerpt: ...d to lock the wheels to Plaintiff's hospital bed causing Plaintiff to fall and sustain injury while Defendants transferred Plaintiff from a gurney to the bed. Plaintiff alleges claims for medical malpractice, negligence, negligent supervision and retention, elder abuse, and negligent infliction of emotional distress. II. DEMURRER TO PLAINTIFF'S SECOND AMENDED COMPLAINT BY ST. FRANCIS A. Demurrer filed May 27, 2022 St. Francis demurs to the fourth...

Excerpt: ...ty, which documents Plaintiffs seek to cancel. Defendants were unauthorized to record the deeds of trust as they were not lawful beneficiaries with the power of sale. The complaint alleges claims for quiet title, financial elder abuse, cancellation of instruments, and slander of title. Plaintiffs seek a default judgment against Defendant, Strength, Inc., only. Where judgment by default is sought in a quiet title action, the court “shall in all ...

Excerpt: ...d and fell while walking to his seat. Plaintiff alleges claims for negligence and premises liability. On May 11, 2022, Plaintiff filed his first Motion to Quash Deposition Subpoena for Business Records directed to Federal Express Corporation (“FedEx”) scheduled to be heard on June 14, 2022. Plaintiff filed his second Motion to Quash Deposition Subpoena for Production of Business Records directed to FedEx Ground Package System, Inc., (“FedEx...

Excerpt: ...substantially impaired the use, value, and safety of the vehicle and failed to conform to express warranties. Defendant was unable to service or repair the vehicle after a reasonable number of attempts. Plaintiff alleges four causes of action for violations of the Song‐Beverly Consumer Warranty Act and breach of the express and implied warranty of merchantability. II. MOTION FILED JULY 7, 2022 Plaintiff requests an order to compel Defendant's f...

Excerpt: ...cademy. Defendant KIPP Foundation (“Foundation”) allegedly trains and develops its educators to lead its branded schools. Plaintiff allegedly suffered injury after a student attacked her with a chair. Plaintiffs allege claims for fraudulent concealment, negligent hiring and supervision, intentional infliction of emotional distress, negligent infliction of emotional distress and negligent misrepresentation. Plaintiff, Brian Gregory, asserts a ...

Excerpt: ...Motion filed June 8, 2022 Plaintiffs request an order to stay this action until the probate matter of Robert Hurd (“Decedent”) is resolved in Riverside County. Decedent is part owner of the real property at issue. Plaintiffs ask for a stay until a personal representative is appointed for Decedent, or until the probate court determines Decedent's rightful heirs. Decedent's probate action and trust actions are being litigated and are set for tr...

Excerpt: ...to convey an interest in the real property to Jarvis to enable Jarvis to obtain a loan using the property as collateral. Jarvis agreed to be responsible to repay the loan totaling $189,000. Jarvis allegedly failed to repay the loan. Plaintiffs allege claims for (1) financial elder abuse, (2) physical elder abuse, (3) fraud, (4) conversion, (5) breach of contract, and (6) constructive eviction. II. MOTION FOR JUDGMENT ON THE PLEADING A. Motion fil...

Excerpt: ...��Father”) and Olivia Munoz (“Mother”) (collectively “Parents”), who subsequently transferred the real property to Plaintiff, Jesus Diaz Munoz, and his sister Andrea Munoz Gonzalez. Defendant, Martha Munoz Martinez (“Martha”), Plaintiffs' sister, was placed on title in 1995 to facilitate a loan. Plaintiffs allege that a July 2005 deed purporting to transfer the property from the Parents to Martha and her husband void because Father'...

Excerpt: ...d. Defendant allegedly failed to provide information pertaining to workers' compensation claims, failed to engage in the interactive process, and failed to offer an accommodation. Instead, Plaintiff alleges that Defendant terminated her without reason and gave Plaintiff her final wages. Plaintiff alleges nine causes of action for wage and hour violations of the Labor Code, and employment discrimination related claims. Plaintiff asserts damages of...

Excerpt: ... the Fair Employment & Housing Act (“FEHA”). II. MOTION TO COMPEL ARBITRATION A. Motion filed June 29, 2022 Defendants argue that Plaintiff signed an employment agreement with Defendants' predecessor, Target Logistic Services, Inc. (“Target”). The agreement included a provision requiring arbitration of all disputes arising from Plaintiff's employment agreement. Plaintiff refused to stipulate to submit this matter to binding arbitration de...

Excerpt: ...on, in which each party holds a 50 percent interest. Plaintiff alleges that Defendant, Edward De Guzman (“Edward” or “Cross‐Complainant”), claims an interest in the property as a marital asset. Edward and Sharon are undergoing dissolution proceedings. Plaintiff and Sharon entered into a buyout agreement with respect to the real property at issue in August of 2014 which Sharon abandoned. Plaintiff accepted the abandonment. Plaintiff alle...

Excerpt: ... Defendant. Plaintiff tripped and fell while walking to his seat. Plaintiff alleges claims for negligence and premises liability. II. DEFENDANT'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET TWO A. Motion filed July 7, 2021 Defendant served Special Interrogatories, Set Two (“Set Two” or “SI”) on August 26, 2021. After receiving responses, Defendant moved to compel further responses which the court granted on February...

Excerpt: ... fraud, breach of fiduciary duty, unfair business practice, and for an order quieting title. Defendant's motion argues that the Notice of Lis Pendens (“Notice”) recorded by Plaintiff should be expunged because Plaintiff did not comply with statutory requirements prior to recording the notice. Defendant timely filed and served the motion on all parties on June 17, 2022. No opposition has been filed. As a preliminary matter, the court's docket ...

Excerpt: ...ninhabitable conditions on the property. Defendant allegedly changed the locks on the property on March 13, 2019. Plaintiff alleges 10 causes of action including breach of contract, breach of the implied warranty of habitability and related claims involving the condition of the premises. II. MOTION FOR SANCTIONS OF $3,570.50 AGAINST PLAINTIFF'S COUNSEL A. Motion filed on June 4, 2022 Defendant requests an order imposing monetary sanctions against...

Excerpt: ...loss of consortium on behalf of her husband, Francisco Iniguez, who has since died. II. MOTION FOR PROTECTIVE ORDER A. Motion filed June 27, 2022 Plaintiff seeks an order precluding the deposition of David Cossman, M.D. scheduled by Defendant, St. Francis Medical Center (“St. Francis”). Dr. Cossman was designated as an expert by Defendant, Christopher Marrocco, M.D., who has been dismissed. St. Francis did not retain Dr. Cossman or any vascul...

Excerpt: ...The First Amended Complaint (“FAC”) filed on April 7, 2021, alleges that on December 8, 2018, Plaintiff attended a ticketed event held at a facility owned and controlled by Defendant. Plaintiff tripped and fell while walking to his seat. Plaintiff alleges claims for negligence and premises liability. On May 11, 2022, Plaintiff filed his first Motion to Quash Deposition Subpoena for Business Records directed to Federal Express Corporation (“...

Excerpt: ... facts The First Amended Complaint, filed on complaint filed on May 12, 2022, alleges civil rights violations arising from an incident that occurred on September 26, 2018, while Plaintiff was waiting in his vehicle in the parking lot of a convenience store. Plaintiff alleges that Defendants searched Plaintiff without probable cause and subsequently refused to order their K9 to cease its attacks upon Plaintiff, who had fled to a crawlspace. Plaint...

Excerpt: ...19, 2020 TRIAL DATE: Not set I. BACKGROUND Plaintiff, Alpha Real Estate Investment (“Alpha”), filed this action on November 19, 2020, against Defendants, Life is Amazing, LLC (“LIA”) and Ashwood TD Services (“Ashwood”). The complaint alleges that Plaintiff bought real property on February 16, 2018, pursuant to a grant deed. On October 19, 2019, Plaintiff signed a promissory note for a construction loan that was secured by a Deed of Tr...

Excerpt: ...ability and quiet enjoyment, retaliatory and constructive eviction, intentional infliction of emotional distress, negligence, private nuisance, premises liability and conversion. On December 17, 2021, Plaintiffs amended the complaint to substitute Art Carrillo for a fictitiously named defendant (Doe 1). On January 7, 2020, the court entered dismissal of Plaintiff, Jose Virgen, leaving Maggie Liebl as the remaining Plaintiff. II. MOTION FOR SUMMAR...

Excerpt: ...ful detainer action arising from a written commercial lease agreement that ended by its terms on December 31, 2021. Plaintiff alleges that Defendant failed to relinquish possession of the premises at the termination of the lease, which Plaintiff did not extend. However, Defendant allegedly remained in possession without Plaintiff's consent. On May 12, 2022, the court granted Plaintiff's Motion for Summary Judgment based on the undisputed material...

Excerpt: ...ts during the period of warranty that Defendant was unable to repair and failed to promptly replace the vehicle or make restitution. Plaintiff alleges causes of action for violation of Civ. Code, § 1793 (Song‐Beverly Consumer Warranty Act or SBA), and for breach of express and implied warranty of merchantability. II. ARGUMENTS A. Motion filed December 5, 2022 Defendant moves to bifurcate trial with the first phase directed to addressing Plaint...