Excerpt: ... fraud and for equitable remedies. Defendant, Ray Christopher Chacon San Miguel ("Chacon"), filed a cross-complaint against Plaintiffs and others alleging three counts of fraud, violation of the unfair competition law, and declaratory relief. The cross-complaint essentially alleges that in an effort to take control of THC, Cross-Defendants, Mondler Khaira ("Khaira"), Allen Dana ("Dana"), and Quyen Kiet ("Klet"), engaged in a fraudulent scheme to ...

Excerpt: ... Plaintiff alleges claims for (1) medical malpractice, (2) medical battery, and (3) failure to obtain informed consent. II. ARGUMENTS Defendants argue that the second cause of action for medical battery and the third cause of action for failure to obtain informed consent are barred for Plaintiff's failure to present a timely government claim prior to commencing suit. The battery claim is barred by the two-year statute of limitations and otherwise...

Excerpt: ...ndant remains in possession. II. ARGUMENTS Defendant demurs to all four causes of action for failure to state a claim, on grounds the notices to pay rent or quit supporting each cause of action are contradictory. Plaintiff argues that the complaint is well pled and not based on contradictory notices. In reply, Defendant argues that while contradictory notices can be served simultaneously, they do not specify if they are separate notices of indepe...

Excerpt: ...surplus funds. Plaintiff alleges claims for conversion and theft. II. ARGUMENTS Plaintiff argues he is entitled to judgment in his favor. As he was the trustor of the Deed of Trust in Defendants' favor, he was entitled to priority for distribution of the surplus funds. No other party has superior priority. Alternatively, Plaintiff asks for summary adjudication of each cause of action. In opposition, Defendants argue that the motion is procedurall...

Excerpt: ...C”) alleges that Defendant, Venice Family Clinic (the “Clinic”) and its employees, Patricia Mendez, R.N.; and Jasmyn Tapiaarevolo, LVN, vaccinated, Bella King-Harvey (“Bella”), the daughter of Plaintiff, Kimberly King (“King”), against COVID-19 without King's permission on October 2, 2021, and October 23, 2021. Plaintiff King did not consent to have her daughter vaccinated. Plaintiffs allege 14 causes of action for negligence, inten...

Excerpt: ...DEZ MICHELLE MADISON [TENTATIVE] ORDER TAKING OFF CALENDAR DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT BY STACEY KING MOTIONS TO QUASH SERVICE OF SUMMONS AND VACATE ENTRY OF DEFAULT I. BACKGROUND The first amended complaint alleges that on June 7, 2002, Plaintiff became the owner of the real property at issue when her father, Leo King, quitclaimed his 50 percent interest in the property to Plaintiff. Plaintiff discovered that Defendant, Ramon...

Excerpt: ...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 May 17, 2023. Defendant made boilerplate objections and refused to produce a witness. In opposition, Defendant states it agree...

Excerpt: ... settled this matter on January 3, 2023, for $43,725.19. The parties agreed that Plaintiff would be deemed the prevailing party for purposes of this motion. (Decl. of Vanessa J. Oliva, ¶¶ 120-123. II. ARGUMENTS Plaintiff requests attorney's fees incurred to litigate this matter, prepare this fee motion, and to appear at the hearing, all increased by a .5 multiplier. Defendant did not file a motion to tax costs; therefore, Plaintiff is entitled ...

Excerpt: ...that Defendant failed to repair within a reasonable number 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 to which Defendant made meritless objections. All the discovery at issue relates to Plaintiff's claims alleged against Defendant. Defendant responded with boilerplate objecti...

Excerpt: ...nd refused to repurchase the vehicle. Plaintiff alleges violations of the Song-Beverly Consumer Warranty Act. II. ARGUMENTS Plaintiff requests an order compelling 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 January 25, 2022. Plaintiff served an Amended Deposition notice on May 15, 2023, however, Defendant objected a...

Excerpt: ...crimination. Plaintiffs allege claims for statutory violations of the Fair Employment Housing Act, and for a violation of the Private Attorneys General Act (“PAGA”.) II. ARGUMENTS Defendant, Amware Fulfillment, LLC, argues that Plaintiff's 12 th cause of action for PAGA violation is untimely and barred by the one-year statute of limitations. Plaintiff did not file the mandatory pre-filing notice required by statute. Defendant timely served Pl...

Excerpt: ...tiff alleges claims for negligence and intentional tort against Kemper Auto Insurance (“Defendant”). Defendant argues that the claim for negligence is barred by the two-year statute of limitations. Kemper is not a proper party. At the time of the incident the other driver involved in the accident, Hugo Esteban, was Defendant's insured. Plaintiff cannot bring a direct cause of action against a negligent party's insurer. Esteban was not Defenda...

Excerpt: ...lex. Defendant allegedly breached the agreement by failing to begin construction as contemplated by the parties' agreement. On April 24, 2023, Plaintiff served notice to quit or vacate by May 15, 2023. Defendant remains in possession. II. ARGUMENTS Defendant demurs to the complaint on grounds Plaintiff did not allege that it gave Defendant proper notice to vacate. Plaintiff accepted rent for a portion of May 2023 after terminating the lease on Ap...

Excerpt: ...iability, breach of warranty, and negligent hiring/supervision/retention/training. On April 26, 2023, the Second District Court of Appeal affirmed a ruling by the Hon. Maurice Leiter granting Defendant's Motion for Summary Judgment on grounds Defendant was Plaintiff's employer as a matter of law, and Plaintiff was barred from asserting claims against Defendant pursuant to the workers' compensation exclusivity doctrine. The Court of Appeal awarded...

Excerpt: ...ision. Nonprofits Insurance Alliance of California (“Intervenor”) moves to intervene on grounds it issued a liability insurance policy to LPW, now a suspended corporation. LPW cannot defend itself in this action as a result. Intervenor will be liable for any judgment obtained against LPW. Therefore, Intervenor is the real party in interest with a direct and immediate interest in the litigation. Intervenor timely served all interested parties....

Excerpt: ...ttempts 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 May 5, 2022. Defendant objected and stated no witness would be produced. Defendant did not respond to two letters from Plaintiff requesting deposition dates....

Excerpt: ...IES, SET ONE; AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, FROM DEFENDANT, MIGUEL VAZQUEZ, AND REQUEST FOR MONETARY SANCTIONS [TENTATIVE] ORDER DENYING PLAINTIFF'S THREE MOTIONS TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE; SPECIAL INTERROGATORIES, SET ONE; AND REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, FROM DEFENDANT, VAZQUEZ TRANSPORT, AND REQUEST FOR MONETARY SANCTIONS [TENTATIVE] ORDER DENYING PLAINTIFF'S TWO MOTIONS FOR ORDER...

Excerpt: ...h its obligations to repair or replace the vehicle which subsequently developed defects. Plaintiff alleges claims for breach of express and implied warranty under the Song- Beverly Consumer Warranty Act (“SBA”) against Nissan and asserts a claim for negligent repair against HGreg Auto Buena Park, LLC. II. ARGUMENTS Plaintiff asks the Court to reconsider its order compelling arbitration of this matter based on Ochoa v. Ford Motor Company (Ford...

Excerpt: ...unable to repair. Nissan allegedly failed to comply with its obligations to repair or replace the vehicle under the Song-Beverly Consumer Warranty Act (“SBA”). Plaintiff alleges claims for breach of express and implied warranty against Nissan and a claim for negligent repair against Nissan of Downtown LA. II. ARGUMENTS Plaintiff asks the Court to reconsider its order compelling arbitration of this matter based on a recent case which is persua...

Excerpt: ...y 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 move to amend the complaint based on discovery of new facts in April 2023. Plaintiffs will add claims for negligence, gross negligence, negligence per se, breach of fiduciary duty, and wi...

Excerpt: ...urchase 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 clai...

Excerpt: ...r, Dorothea Johnson, was shot and killed on the premises. Plaintiff alleges claims for negligence and premises liability. II. ARGUMENTS A. Defendants' arguments Defendants, South Bay Villa Preservation, LLP and SBV Housing Preservation, LLP, (collectively “SPV”) demur to the second cause of action for negligence since Plaintiff was not physically present at the time her daughter was shot, and therefore, cannot claim to be a bystander for purp...

Excerpt: ...reement for use of the premises as a gas station and food mart. Plaintiffs allege Defendant forcefully and wrongfully evicted Plaintiffs and locked them out of the premises without complying with the requirements for unlawful detainer. Defendant allegedly failed to give written notice to Plaintiffs about the sale of the premises although Plaintiffs had the contractual right to exercise an option to purchase. Plaintiffs allege claims for breach of...

Excerpt: ... termination and wage violations under the Labor Code. II. ARGUMENTS Defendant argues that Plaintiff agreed in writing to submit any claims arising out of her employment to binding arbitration under the Federal Arbitration Act and the California Arbitration Act. The arbitration agreement is not unconscionable. The Court should stay the action while the arbitration is pending. In opposition, Plaintiff argues that Defendant has not met its burden o...

Excerpt: ...Apartments. Defendant, Firth 1, LLC, (“Firth”) bought adjacent real property and built residential units. Plaintiffs allege that Defendants did not obtain a survey prior to construction and failed to meet setback requirements. The parties disputed whether McCoy's north wall was built on McCoy's property. Firth hired Defendant, Karen Korganyan (“Korganyan”), who allegedly prepared a contrived survey that misallocated the boundary to make i...