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...

Excerpt: ...ential unit at a common interest development managed by Defendant, Grace Garden Homeowners Association (“HOA”). On May 17, 2022, Plaintiffs amended the complaint to substitute Defendant, Estrella Tietz (“Tietz”) for Doe 1. Plaintiffs allege that Defendants refused to intervene in a parking dispute between Plaintiffs and a neighbor in violation of the Covenants, Codes, and Restrictions (“CC&Rs”). Plaintiffs allege claims for (1) breach...