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...

Excerpt: ...n” or “Defendant”), was a contract manufacturer without a brand name. Defendant agreed to cover and advance costs related to making the products and provide marketing dollar support to Plaintiff who would be responsible for selling the products. In late August 2020, Plaintiff was no longer receiving status updates from Defendant. Defendant demanded Plaintiff's immediate payment for manufacturing costs although Defendant purportedly agreed t...

Excerpt: ...The complaint filed on October 7, 2020, asserts that Plaintiff and Defendant, Frances Williams (“Williams”), own a 50 percent interest in real property granted to them by Ginesha Stradford, Plaintiff's mother, who is also Williams' sister. Plaintiff and Williams listed the property for sale and received an offer, but Williams did not sign the escrow papers. Plaintiff subsequently learned that a forged deed purported to transfer her interest i...

Excerpt: ... Brian Ciscel (“Deputy Ciscel”), and Christian Hernandez (“Deputy Ciscel”, collectively, “Defendants”), for injuries sustained because of the death of Pablo Garcia, who was fatally shot by Defendants on May 21, 2019. Plaintiffs allege claims for (1) Negligence, (2) Assault and Battery, (3) Violations of Civil Code § 52.1, (4) Negligent Infliction of Emotional Distress, and (5) Intentional Infliction of Emotional Distress. On July 29,...

Excerpt: ...intiff did not have any problems with his vehicle registration. The information on the ticket issued to Plaintiff was false. The Judicial Council Form Complaint attaches a cause of action for “intentional tort,” although that tort is not identified. Plaintiff also checks other claims for discrimination and intentional infliction of emotional distress, although Plaintiff does not attach separate causes of action for the latter two claims. II. ...

Excerpt: ...st Amended Complaint (“FAC”) filed on September 9, 2022, alleges that the parties have been business partners for 50 years. This action seeks the determination of Plaintiff's various interests in real property (“the Paramount property”) in which Plaintiff sold his interest to Defendant for $500,000; Plaintiff's interest in C&A X‐Ray California (C&A), an entity he and Defendant co‐founded on April 13, 1983 and subsequently sold; and OS...

Excerpt: ...by operating a cannabis‐related operation. On July 12, 2022, Defendant filed this motion to quash service of summons and complaint on grounds Plaintiff deprived Defendant of the full three‐day period to perform or quit. The complaint alleges that the three‐day notice was left at the premises on March 19, 2022, and that it expired on March 22, 2022. Defendant argues that Plaintiff improperly calculated the period of notice by failing to excl...

Excerpt: ...turn his personal property. On July 28, 2022, the court heard and granted Defendant's motion for judgment on the pleading as to the first, second, third, fifth, and sixth causes of action alleged by Plaintiff Samuel as the claims were barred by the parties' settlement agreement in an earlier action on the same claims and issues. The case bearing Case No. 19CMCV00072 Jarvis Martin v. Samuel Martin, Jr. (the “2019 Action”) was dismissed with pr...

Excerpt: ...erial defects in a home purchased by Plaintiff. The matter was tried by a jury, who rendered a verdict in favor of Plaintiff on July 21, 2022, and against Defendants, Capero Investments, Inc. (“Capero”) and Louis Brian Teque (“Teque”) (collectively Defendants) for past and future economic loss totaling $106,852, and punitive damages of $250,000 against each Defendant. Plaintiff submitted a proposed judgment on July 28, 2022, to which Defe...

Excerpt: ...t and damages. Plaintiff filed the First Amended Complaint (“FAC”) on August 30, 2022. Defendant, Jay Anthony Eaton, filed his answer on September 30, 2022. Defendant filed this Motion for Judgment on the Pleading on September 30, 2022, after the court sustained Defendant's demurrer to Plaintiff's Complaint on August 29, 2022, with leave to amend. II. ARGUMENTS Defendant argues that the FAC is improperly verified. Additionally, Rochelle Handy...

Excerpt: ...laintiff alleges that Defendants failed to pay rent and common area expenses for the month of June. Plaintiff served Defendants with a three‐day notice to pay rent or quit. Defendants did not comply with the notice and remain in possession. II. ARGUMENTS A. Demurrer filed September 13, 2022. Defendants demur to the complaint on grounds the multiple three‐day notices to pay rent or quit are defective because they improperly include common area...

Excerpt: ...rests to Defendant, Micaela Plata, as joint tenants. In exchange, Defendant purportedly promised to refinance the existing mortgage and give $75,000 from the proceeds to Plaintiffs. Defendant allegedly failed to refinance the mortgage and refused to re‐convey Cuevas' interest in the property. Plaintiffs allege claims for promissory estoppel, fraud, and breach of contract. II. ARGUMENTS A. Motion filed July 18, 2022 Defendant argues that she is ...

Excerpt: ...ormed a surgical procedure on Plaintiff at St. Francis Medical Hospital (“St. Francis”). Dr. Udo allegedly removed Plaintiff's bile duct without her consent, requiring Plaintiff to wear a colostomy bag. Plaintiff alleges claims for negligence, battery, negligent infliction of emotional distress, and intentional infliction of emotional distress against Defendant Dr. Udo (first through third causes of action). The fourth cause of action for cor...

Excerpt: ... Group, LLC, and Titan Personnel, Inc. (collectively, “Defendants”) employed Plaintiff in May 2017 as a packer at 2839 East El Presidio Street in Carson. On July 14, 2017, while working, Plaintiff allegedly tripped over pallet jack that was negligently parked. Plaintiff avers that Defendants did not carry workers' compensation insurance in violation of the Labor Code. Plaintiff sues Defendants for (1) direct employer negligence, (2) negligenc...

Excerpt: ... On April 9, 2003, Decedent signed a quitclaim deed in favor of Plaintiff and Defendant, Ethel Johnson (“Johnson”), and Johnson's husband. However, the Johnsons prepared a second quitclaim deed with the help of a notary, Defendant R. Fontes, wherein the entire interest in the property was conveyed only to the Johnsons and removed Decedent and Plaintiff. The Johnsons then borrowed $110,000 and signed a Deed of Trust in favor of Bank of America...

Excerpt: ...or “Defendant”) was a contract manufacturer without a brand name. Defendant agreed to cover and advance costs related to making the products and provide marketing dollar support to Plaintiff who would be responsible for selling the products. In late August 2020, Plaintiff was no longer receiving status updates from Defendant. Defendant demanded Plaintiff's immediate payment for manufacturing costs although Defendant purportedly agreed to be r...

Excerpt: ...iff alleges the LifeVest released a shock or jolt due to a defective condition. II. ARGUMENTS A. Demurrer filed June 13, 2022 Defendant argues that Plaintiff's claims are pre‐empted by federal law unless Plaintiff can allege a parallel state claim. Plaintiff has not alleged that the medical device at issue, which is preapproved by the Federal Drug Administration (“FDA”), violated Federal Food, Drug, and Cosmetic Act (“FDCA”) that would ...

Excerpt: ...TS Defendants argue they are entitled to judgment on the pleadings since the three‐day notice does not identify a “person” to whom Defendants were required to pay rent in order to avoid forfeiture. Landlords are required to identify the person to whom rental payments can be made as well as the address where such payments can be sent. In opposition, Plaintiff argues that Defendants contracted to lease the premises from their property manager...

Excerpt: ... Plaintiff was enrolled. Plaintiff alleges that the District failed to screen Mullen's criminal history. Mullen allegedly made unwanted sexual advances toward Plaintiff. Plaintiff alleges claims for negligent hiring, intentional infliction of emotional distress, sexual battery, and violation of Civ. Code, § 51.9 (sexual harassment). II. ARGUMENTS The District demurs to the first cause of action for negligent hiring since Plaintiff failed to alle...

Excerpt: ...ered into a second contract on September 27, 2020, for the purchase of Gods Navi gloves (“GODS gloves”) pursuant to a contract for samples (“Sample Contract”). Defendants could not fulfill the order under the Sample Contract and proposed to replace it with WNAVI gloves. Defendants represented that the WNAVI gloves met FDA regulations for medical‐grade gloves. Therefore, Plaintiff entered into the Main Contract for purchase of WNAVI glov...

Excerpt: ...ts liability and negligence. II. ARGUMENTS A. Motion filed August 25, 2022 Moving party, Cannon Cochran Management Services, Inc. (“Intervenor”) moves to intervene in this action. Non‐party, Lyneer Staffing Solutions (“Lyneer”), placed Plaintiff for employment at Total Tires, Inc., (“Total Tires”) where the incident occurred. Intervenor is the administrator for State National Insurance Company, who provided worker's compensation ins...

Excerpt: ...ate the premises until April 25, 2022 and did not leave the premises in good operating order, preventing Plaintiff from delivering the premises to the next tenant on April 1, 2022. Plaintiff seeks holdover damages and costs incurred to restore the premises. Plaintiff alleges claims for breach of written lease, breach of guaranty, and various claims for common counts. II. ARGUMENTS A. Demurrer filed August 30, 2022 Defendants, Bennett Motor Expres...

Excerpt: ...ges that Plaintiffs leased residential real property from Defendants beginning in 2006. Plaintiffs allege that beginning February 17, 2021, the premises became uninhabitable. Plaintiffs alleges claims for (1) breach of contract, (2) breach of the warranty of habitability, (3) breach of the covenant of quiet enjoyment, (4) negligence, (5) constructive eviction, and tortious interference with prospective economic advantage. Defendants, Chineche Del...

Excerpt: ...ber 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. The requests fall into two general categories (1) documents relating to Defendant's internal investigations and analyses of the evaporative emissions (“EVAP”) defect (Requests 16‐21, 60; and (2) documents relating to Def...

Excerpt: ...o”), who was driving 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 at Plaintiff's place of employment, West Coast Warehousing. Grande allegedly failed to warn Pla...