Excerpt: ...t Defendant failed 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 topics identified in Plaintiff's Notice of Deposition served on August 16, 2023. Plaintiff requested four matters for examination and six categories of document requests. Defendant made boilerplate...

Excerpt: ...s 16 causes of action for breach of implied warranty of habitability and related claims. II. ARGUMENTS Plaintiff requests leave to add a claim for unlawful lockout, denial of a pre-move out inspection, bad faith retention of deposit, unlawful entry, and assault and battery. Plaintiff argues that Defendants engaged in additional acts of misconduct after the filing of the complaint. The new claims are based on the same set of facts. Defendants will...

Excerpt: ...iff alleges claims for negligence and negligent hiring, retention, and supervision. II. ARGUMENTS Defendant, Compton Unified School District, demurs to all claims on grounds Assembly Bill 218 which attempted to retroactively revive claims such as Plaintiff's is unconstitutional. This Court never had jurisdiction over this lawsuit. The imposition of liability for a past act of negligence is construed as giving a gift of public funds (“the Gift C...

Excerpt: ...s' purchase 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...

Excerpt: ...tiff alleges claims for conversion and theft. On August 8, 2023, the Court denied Plaintiff's Motion for Summary Judgment/Adjudication and denied Plaintiff's oral request to continue the hearing and for leave to amend the complaint. On August 15, 2023, Plaintiff filed a First Amended Complaint (“FAC”) without leave of court, deleting the claim for conversion and adding claims for embezzlement of real property, fraud, statutes of fraud. II. AR...

Excerpt: ...CHOOL DISTRICT'S COMPLAINT BACKGROUND Plaintiff, Los Angeles Unified School District ("LAUSD"), alleges that Defendant Watts Learning Center Foundation, Inc. ('Watts") breached an obligation set forth in its Charter Petition to provide liability insurance covering LAUSD, and to defend, indemnify, and hold LAUSD harmless against any claims for damages arising out of the Charter Petition. LAUSD alleges claims for breach of contract and declaratory'...

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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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”);...