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: ...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: ...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: .... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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...