Excerpt: ...t Plaintiff attended Watts Learning Center Charter Middle School (“Watts”) operated by Los Angeles Unified School District (“LAUSD”). Plaintiff's mother, 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, w...

Excerpt: ...exual abuse, intentional infliction of emotional distress, negligent hiring/supervision/retention, violations of the Government Code, and negligence. II. ARGUMENTS Defendant, Los Angeles Unified School District (“LAUSD”), demurs to all claims on grounds Plaintiff did not present a timely government tort claim prior to filing the complaint in 1978. Assembly Bill 218 which attempted to retroactively revive claims such as Plaintiff's is unconsti...

Excerpt: ...iff alleges 16 causes of action for breach of implied warranty of habitability and related claims. II. ARGUMENTS Plaintiff demurs to the answer filed by Defendants, Wily Orios Barrios and W.B.E. Properties, Inc., (collectively “Defendants”) on grounds it fails to state facts to constitute a defense, is uncertain and the 51 affirmative defenses do not refer to the causes of action to which they are intended to answer. They are “boilerplate�...

Excerpt: ...Song-Beverly Consumer Warranty Act (the “Warranty Act”) and a claim for fraudulent concealment. II. ARGUMENTS Defendant argues that all claims are barred by the three-year statute of limitations for fraud and the four-year statute of limitations for violations of the Act. The limitations period is not tolled. The fraud claim does not meet the heightened standard of pleading. The claim for fraudulent concealment fails because Defendant would o...

Excerpt: ...real property. Plaintiffs allege that Defendant Bonnie conspired with the realtor, T. LaRoche, and the buyers, Alvaro Zavala and 9GP Industries (collectively, “the Buyers”), to deceive Plaintiffs by selling the property for significantly less than the property was worth without consulting Plaintiffs. The complaint alleges claims for unfair business practices, fraud, and conspiracy to commit fraud. II. ARGUMENTS The buyer Defendants argue that...

Excerpt: ... property at issue to Plaintiff, his son, who was a co-partner of the J.W. Young Trucking Company. However, Plaintiff's father transferred the real property to the Trust without Plaintiff's knowledge or consent, although Plaintiff has been paying property taxes, maintenance, and improvements. Plaintiff alleges claims for quiet title, for declaratory relief, and specific performance. II. ARGUMENTS Defendant asks for an order to expunge the Notice ...

Excerpt: ...not repair. Plaintiff alleges violations under the Song- Beverly Consumer Warranty Act (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 the purchase or condition of the ...

Excerpt: ...hat a vehicle he bought from Hertz was defective, and defendants failed to correct the defects pursuant to the warranty. However, the Hon. Daniel Ottolia allegedly refused to hear any of Plaintiffs motions for breach of settlement agreement and dismissed the case, but retained jurisdiction pursuant to Civil Procedure, section 664.6. Defendants, Hertz, Ally Bank ("AIM'), and their attorneys refused to comply with the settlement agreement Plaintiff...

Excerpt: ...laintiff alleges Defendant dissolved the Company and transferred title to the truck to herself without Plaintiffs consent. Plaintiff alleges claims for breach of contract, fraud, conversion, claim and delivery, breach of fiduciary duty, accounting, unjust enrichment, and common counts. 11. ARGUMENTS Defendant argues that all causes of action are defective and leave to amend should not be granted. Instead of filing an opposition, Plaintiff request...

Excerpt: ... the judgment despite Plaintiff 's efforts to enforce judgment. Plaintiff alleges Tricap has undertaken efforts to conceal its assets by commingling assets with other entities, transferring assets to Defendants, Caryn Blanc and Allan Parker, and that Defendant, ADP Express, LLC (“ADP”) is Tricap's alter ego. Plaintiff alleges claims for actual and constructive fraudulent conveyance, for an order setting aside a void encumbrance or lien and fo...

Excerpt: ...that Plaintiff settled an underlying dispute against Hertz Car Rental ("Hertz"), that was filed in Riverside County ("Crawford I"). Plaintiff alleges that a vehicle he bought from Hertz was defective, and defendants failed to correct the defects pursuant to the warranty. However, the Hon. Daniel Ottolia allegedly refused to hear any of Plaintiffs motions for breach of settlement agreement and dismissed the case, but retained jurisdiction pursuant...

Excerpt: ...elated injury on January 9, 2017. Plaintiff contends that Defendants retaliated against Plaintiff for exercising his right to receive workers' compensation benefits and medical care. Plaintiff alleges 10 causes of action for discrimination, retaliation and related violations of the Fair Employment and Housing Act, as well as wage and hour claims under the Labor Code. On August 26, 2021, Plaintiff dismissed the eighth cause of action for failure t...

Excerpt: ...reasonable number of attempts in violation of the Song-Beverly Consumer Warranty Act. II. ARGUMENTS Plaintiff requests an order to compel Defendant's further responses to request for production of documents served on Defendant on August 19, 2022. Defendant made boilerplate objections and refused to provide code-compliant responses. In opposition, Defendant argues Plaintiff refused to narrow the requests. Plaintiff did not meet and confer. Defenda...

Excerpt: ...roperty. Plaintiff alleges contract-related claims, fraud, quiet title, and partition of real property. On April 10, 2023, the Court entered default against Defendant, Cesar Avila. On July 6, 2023, Defendant filed this motion to set the default aside, arguing that default was entered against him because of his mistake, inadvertence, surprise, or excusable neglect. He did not understand the significance of the complaint or other court documents fi...

Excerpt: ...hicle contained or developed electrical and engine system defects. Defendant allegedly failed to comply with its obligations under the Song-Beverly Consumer Warranty Act (the “SBA”). Plaintiffs allege claims for violations of the SBA against Honda and a claim for negligent repair against Gardena Honda. Defendant Honda requests an order compelling this matter to binding arbitration pursuant to the Federal Arbitration Act (FAA) as required by t...

Excerpt: ...ff's employment with Defendants. Plaintiff alleges 17 causes of action for discrimination, failure to accommodate, harassment, retaliation, and other employment-related claims. On May 20, 2021, the Hon. Kristin S. Escalante granted Defendant's motion to compel this matter to arbitration based on the plaintiff's stipulation to withdraw its opposition to the motion. (Stip. and Ord. 5/20/21.) II. ARGUMENTS Plaintiff now moves to vacate Judge Escalan...

Excerpt: .... A court trial commenced on September 1, 2022. At the conclusion of trial, the Court granted Defendant's motion for a nonsuit and entered judgment for Defendant. On July 25, 2023, the Court denied Plaintiff's unopposed motion to vacate judgment and for a new trial. A motion to reconsider must be made 10 days from written notice of entry of the order. (Code Civ. Proc., § 1008, subd (a)). The clerk served notice of the Court's July 25, 2023, ruli...

Excerpt: ...ed by Defendant, Grace Garden Homeowners Association (“HOA”). Plaintiffs later substituted Estrella Tietz (“Tietz), the HOA's president, for Doe 1. Plaintiffs allege that Defendants violated provisions of the Covenants, Codes, and Restrictions (“CC&Rs”) by refusing to intervene in Plaintiffs' parking dispute with their neighbors, failing to keep common areas lighted, and for building a pergola on the common area patio between Plaintiffs...

Excerpt: ...ing and shipping supplies delivered to Defendants totaling $60,195.54. Plaintiff alleges claims for fraud, negligence, breach of contract, and open book account. On May 4, 2023, the Court sustained Defendants' demurrer to the first amended complaint with leave to amend but overruled the demurrer to the alter ego allegations. Defendants filed a second amended complaint on May 12, 2023. II. ARGUMENTS Defendants, PR Logistics, LLC (“Logistics”);...

Excerpt: ...or. Plaintiff alleges that Johnson engaged in acts of discrimination and harassment against Plaintiff based on her race and national origin. Plaintiff alleges claims in violation of the Fair Employment and Housing Act and a claim for whistleblower protection. On May 15, 2023, the Court issued an order to show cause why sanctions should not be imposed for Plaintiff's failure to appear at the Case Management Conference. On June 20, 2023, the Court ...

Excerpt: ...led to repair 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 August 24, 2022. Defendant objected twice with boilerplate objections and subsequently agreed to produce a witne...

Excerpt: ...g, LLC, (the "Company") to provide delivery services to third parties. To that end, the Company bought a 2016 Peterbilt tractor truck. Plaintiff alleges Defendant dissolved the Company and transferred title to the truck to herself without Plaintiff's consent. Plaintiff alleges claims for breach of contract, fraud, conversion, claim and delivery, breach of fiduciary duty, accounting, unjust enrichment and common counts. ARGUMENTS Plaintiff served ...

Excerpt: ...' MOTION TO COMPEL FURTHER VERIFIED RESPONSES TO SPECIAL INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT, KIPP FOUNDATION; REQUEST FOR SANCTIONS I. BACKGROUND The first amended complaint (“FAC”) alleges that Plaintiff, Courtney Gregory (“Plaintiff”), while employed as a teacher for Defendant, KIPP SoCal Public Schools (“KIPP”), was injured after a student attacked her with a chair. Plaintiff alleges claims for f...

Excerpt: ...endant, Hilliard Contracting Services ("Hilliard") (now dismissed) and H20 Dynamics ("H20"), who were contracted to install rain barrels at the insured's home. Plaintiff paid insurance benefits to its insured. On March 30, 2022, H20 filed a cross-complaint against Cross-Defendant Hilliard for implied indemnity, contribution, and declaratory relief. ARGUMENTS Defendant Hilliard requests a determination that its settlement with Plaintiff for $21,50...

Excerpt: ...ies. Plaintiff alleges claims for sexual assault on a minor, intentional infliction of emotional distress, negligent hiring, supervision, and retention of Doe 2, negligent supervision of a minor, and negligence. II. ARGUMENTS Defendant Doe 1, sued as Greater Faith Missionary Baptist Church of Los Angeles (“Church”), demurs to the entire complaint on grounds all claims are barred by the statute of limitations. The third cause of action for neg...