Excerpt: ... bad faith are STRICKEN from the First Amended Complaint as not in compliance with the court's prior ruling on April 19, 2023. Defendant Mercury Insurance Company's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED without leave to amend as to the first cause of action and deemed MOOT with regards to the second cause of action. Defendant Mercury Insurance Company's Motion to Strike Portions of Plaintiff's Complaint is also deemed MOOT....

Excerpt: ...g in Department G (Pomona). BACKGROUND This is an action between two former business partners. Plaintiff Mohammed Khodabakhsh is an engineer and inventor in the clean energy technology field. Defendant Terry L. Vechik is a marketer of inventions. In 2008, Plaintiff began working with Defendant to help monetize clean energy technology developed by Plaintiff. Subsequently, Plaintiff alleges Defendant began falsely claiming to be an equal partner in...

Excerpt: ..., 2019, Plaintiff Shaunette Miller was hired as a human resources director for Pomona Valley Hospital Medical Center (PVHMC) under the direct supervision of Ray Inge (Inge), PVHMC's vice president of human resources. Soon afterwards, Plaintiff alleges Inge began sexually harassing Plaintiff by making lewd and inappropriate comments to Plaintiff about Inge's private life and Plaintiff's appearance. Plaintiff also alleges Inge singled out Plaintiff...

Excerpt: ... the Claims Requirement and To Amend the Complaint to Include a Claim Against City of Los Angeles Department of Public Works is DENIED. Plaintiff David Madrid's Petition for Relief from the Claims Requirement and To Amend the Complaint to Include a Claim Against City of Los Angeles is DENIED. BACKGROUND This is a personal injury action. On November 28, 2021, while riding a bicycle in West Covina, Plaintiff David Madrid allegedly hit an unmarked o...

Excerpt: ... and 59‐73. Defendant is ordered to serve further and complete code‐compliant responses without objection, except where otherwise allowed by this ruling, on Plaintiff within ten (10) days. BACKGROUND This is a lemon law action. On May 29, 2022, Plaintiff Ernesto Molina-Molina entered into a warranty contract with Defendant General Motors, LLC by purchasing a 2022 Chevrolet Silverado 1500. Subsequently, Plaintiff alleges the vehicle contained ...

Excerpt: ...mmander for EMPD's SWAT team. On November 5, 2020, Plaintiff alleges EMPD's chief, David Reynoso (Reynoso), issued a memorandum that backdated the effective dates of three EMPD promotions in order to circumvent the decision by Jessica Ancona (Ancona), the mayor for the City of El Monte (City), to not allow any further promotions. On November 6, 2020, Plaintiff informed Ancona during an investigative interview that the promotion date in the Novemb...

Excerpt: ..., Plaintiffs Quanyi Wang and Ruoxuan Li entered into a warranty contract with Ford Motor Company (Ford) by purchasing a 2021 Ford Explorer from Hemborg Ford (Defendant). Subsequently, Plaintiffs' vehicle manifested engine defects. On November 8, 2022, Plaintiffs filed a complaint against Ford, Defendant, and Does 1-10, alleging the following causes of action: (1) breach of express warranty, (2) breach of implied warranty, and (3) negligent repair...

Excerpt: ...ublic. As early as August 2022, Plaintiff visited Defendant's website multiple times and alleges the following barriers to access existed: (1) graphics, links, and buttons on the website were mislabeled or lacked alternative text (alt-text) for screen-reading software to read out; (2) multiple pages contained insufficient navigational headings; (3) menu links and descriptions were inaccessible to screen reading technology, and (4) the checkout sy...

Excerpt: ...r trespass arising from a dispute over a walkway. On February 12, 2008, Plaintiff Jace King, formerly known as Ali Tavana, purchased a residential property in Pomona (hereafter, the Pomona property). There is a concrete walkway on the Pomona property adjacent to the public street. Plaintiff alleges the walkway is not a public sidewalk and part of Plaintiff's private property. In September 2019, Plaintiff erected a fence around the walkway to prev...

Excerpt: ...rom China with Plaintiff's family. On April 18, Plaintiff met with Jie Xu (Xu), who advertised immigration services on YouTube. Xu promised to provide legal services for Plaintiff's immigration issues through a lawyer who worked for Xu. However, after Plaintiff made a payment of $8,000 to Xu, Xu refused to provide Plaintiff with a receipt or the lawyer's contact information. Xu did not provide the promised legal services and refused to return Pla...

Excerpt: ...sonal residence (Issue No. 8) and DENIED IN PART as to the remaining issues. BACKGROUND This is a breach of contract action arising from a recycling venture. In March 2019, Dongjin Zhang (Zhang) agreed to become business partners with Sam Shang (Shang) in a recycling venture. On April 23, 2019, Shang formed CG Plastics LLC (CG Plastics) and assisted Zhang in forming Ian Giant, Inc. (Ian Giant) as Zhang's investment company. On May 24, Zhang alleg...

Excerpt: ...ute between the Vermont Avenue Lofts Homeowners' Association (Plaintiff) and Joseph Ruiz (Defendant), a homeowner. Plaintiff claims Defendant has violated a declaration of covenants, conditions, and restrictions, as well as Plaintiff's bylaws, by harassing, intimidating, and interfering with Plaintiff's board members, employees, and vendors. On October 6, 2020, Plaintiff filed a complaint against Defendant and Does 1-25, alleging the following ca...

Excerpt: ...ank and Motion for a Protective Order Respondent: Plaintiffs M Capital Global California and Sokly Chen TENTATIVE RULING Defendant Yanlin Li's Motion to Quash Deposition Subpoena to Citibank and Motion for Protective Order are DENIED. Defendant's Request for Sanctions is DENIED. Plaintiffs M Capital Global California and Sokly Chen's Request for Sanctions is DENIED. Defendant Yanlin Li's Motion to Quash Deposition Subpoena to Wells Fargo Bank and...

Excerpt: ...n and DENIED IN PART as to the remaining categories sought. BACKGROUND This action arises from the alleged sexual abuse of a minor by a police officer. In 1993, while Plaintiff John Doe J.R. was a student at a junior high school in Baldwin Park, Plaintiff joined a DARE program for students that was supervised by John Doe 1 (Doe 1), a police officer. During Plaintiff's participation in the program, Plaintiff alleges Doe 1 took Plaintiff on “ride...

Excerpt: ...ined at the hearing in Department G (Pomona). Defendant's counsel is also ordered to meet and confer with Plaintiff's counsel regarding the Demurrer and Motion to Strike and to file a supplemental declaration describing such meet and confer efforts at least (9) court days before the next scheduled hearing. BACKGROUND This is a premises liability action. On October 9, 2022, Plaintiff Victor Carpio was removing copper wiring from a property in Waln...

Excerpt: ...n International Corp. (Ruthas Gin) leased a Baldwin Park property from Gershman Properties LLC (Gershman Properties) for the purposes of operating a hair salon. On January 28, 2016, Plaintiff Yanqiu Zhang took ownership of the hair salon from Ruthas Gin and assumed Ruthas Gin's lease with Gershman Properties. From 2019 to 2021, Plaintiff alleges Gershman Properties began increasing Plaintiff's pro rata share of common area maintenance costs and f...

Excerpt: ... 2022, Plaintiff visited Defendant's website multiple times and alleges the following barriers to access existed: (1) graphics, links, and buttons on the website were mislabeled or lacked alternative text (alt-text) for screen-reading software to read out; (2) multiple pages contained insufficient navigational headings; (3) the online reservation system was inaccessible, and (4) the checkout system was inaccessible. On December 16, 2022, Plaintif...

Excerpt: ... agreement with Defendant Jake Sellberg in which Luminesce agreed to lease property in the City of Industry to Defendant. Subsequently, Luminesce alleges Defendant breached the lease agreement by failing to make payments and damaging the property by operating an illegal marijuana dispensary. On April 3, 2019, Luminesce filed a complaint against Defendant and Does 1-50, alleging the following causes of action: (1) breach of written contract, (2) d...

Excerpt: ... 23, 2020, Plaintiff Briana Quinn obtained a mortgage from AHL Funding on real property in Covina (Covina Property) in the amount of $414,631. On April 29, 2022, an assignment of deed of trust was recorded that allegedly assigned the deed of trust from AHL Funding to Defendant Siwell Inc. On the same day, a notice of default and election to sell under deed of trust was recorded. On July 29, a notice of trustee's sale was recorded. The Covina Prop...

Excerpt: ...in Mauricio Yepes, Merilynn A. Miller-Williams (Miller-Williams), and Erick Humberto Guzman (Guzman) own real property in West Covina as joint tenants. On February 16, 2021, Plaintiff filed a verified complaint against Miller-Williams, Guzman, and Does 1-10, alleging (1) partition and (2) accounting. On November 10, 2021, Defendant filed a verified First Amended Complaint (FAC) against the same defendants alleging the following causes of action: ...

Excerpt: ...tion describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing. BACKGROUND This is an employment discrimination action. On June 28, 2019, Plaintiff Shaunette Miller was hired as a human resources director for Pomona Valley Hospital Medical Center (PVHMC) under the direct supervision of Ray Inge (Inge), PVHMC's vice president of human resources. Soon afterwards, Plaintiff alleges Inge began sexually har...

Excerpt: ...tubated Plaintiff and allegedly caused permanent damage to Plaintiff's airway and vocal cords. On November 17, 2020, Plaintiff, by and through guardian ad litem Teresa Reodica, filed a complaint against Defendant and Does 1-100 alleging medical negligence. On November 9, 2022, Defendant filed the present motion for summary judgment. A hearing on the motion and status conference are set for June 13, 2023. EVIDENTIARY OBJECTIONS While both parties ...

Excerpt: ..., and DENIED IN PART as to document requests 3, 5, 9, and 10. Within ten (10) days of the issuance of this order, Defendant is ordered to provide Plaintiff with code‐compliant responses to Plaintiff's discovery requests and provide Plaintiff with dates for the deposition of Defendant's person most qualified. BACKGROUND This is a lemon law action. On July 29, 2022, Plaintiff Interior Wall Systems entered into a warranty contract with Defendant G...

Excerpt: ...issory note and business loan agreement executed by Schlick. Subsequently, the principal loan amount was increased to $200,000, the maturity date was extended to July 19, 2019, and Defendants William and Howard Schlick, trustees of The 2003 Jeanne M. Schlick Irrevocable Trust U/D/T Dated March 13, 2003 (Schlick Trustees), were added to the loan agreement as co- borrowers. Plaintiff alleges Schlick and the Schlick Trustees (collectively, Defendant...

Excerpt: ...GROUND This is a wrongful termination action. From 2003 to 2019, Defendant Pomona Valley Hospital Medical Center (PVHMC) employed Plaintiff Elizabeth T. Baker as a nurse in its Labor Delivery Recovery Postpartum Department. During Plaintiff's time at PVHMC, Plaintiff alleges nursing supervisors made racist comments, called Plaintiff demeaning nicknames, criticized Plaintiff for taking medical leave, and retaliated against Plaintiff for raising is...

Excerpt: ...s; and CDG Investments, LLC's Motion for Consolidation Respondent: NO OPPOSITION; Plaintiff filed a non-opposition. TENTATIVE RULING Defendants Sunwest Trust FBO David W. Free; Steven Goldenberg; LC Equity Group, Inc.; Michael J. Tannenbaum; Oxnard Street, LLC; ZVI Gutentag and Michael Gutentag, Trustees of the Gutentag Family Trust; Sunwest Trust FBO Joseph Davis; Eyal Gutentag and Diane Gutentag, Trustees of the Gutentag Revocable Trust, Dated ...

Excerpt: ...s Demurrer to Plaintiff's Complaint and Motion to Strike Portions of Plaintiff's Complaint are CONTINUED to a date to be determined at the hearing in Department G (Pomona) . Defendants' counsel is also ordered to meet and confer with Plaintiff's counsel regarding the Demurrer and Motion to Strike and to file a supplemental declaration describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing. BACKGROUN...

Excerpt: ...dent: Defendant Puente Hills Hyundai (Untimely Opposition filed on May 26, 2023) TENTATIVE RULING Plaintiff Apollo Walke€s Motion for Order Establishing Admissions is deemed MOOT. Plaintiffs Request for Sanctions is GRANTED and Sanctions are awarded in the amount of $410, payable within twenty (20) days of the issuance of this order. Plaintiff Apollo Walke€s Motion for Order Compelling Answers to Special and Form Interrogatories is deemed MOO...

Excerpt: ...tiff Benjamin Valle purchased a new 2021 Nissan Versa and alleges express warranties from Defendant Nissan North America, Inc. accompanied the sale, including that Defendant undertook to preserve or maintain the utility or performance of Plaintiffs vehicle and provide compensation if there was a failure in such utility or performance. Plaintiff alleges the vehicle has serious defects and nonconformities including electrical, engine, and transmiss...

Excerpt: ...reed to form a limited liability company (LLC) for the purpose of constructing and operating a fast-food restaurant. Plaintiff agreed to invest one million dollars into the business in exchange for a thirty percent ownership stake and an annual payment of forty thousand dollars. Plaintiff alleges the payments were not made and in 2013, Plaintiff discovered the LLC had been "converted off' without Plaintiffs consent. On February 21, 2014, Plaintif...

Excerpt: ...s DENIED. Defendant to file its Answer to Plaintiffs Complaint in ten (10) days. BACKGROUND This is a lemon law action. On April 30, 2017, Plaintiff Rubisela Martinez Chavarin entered into a warranty contract with Defendant General Motors LLC by purchasing a 2017 Chevrolet Colorado. Subsequently, Plaintiff alleges the vehicle exhibited transmission defects. On February 3, 2023, Plaintiff filed a complaint against Defendant and Does 1-10, alleging...

Excerpt: ...aint are CONTINUED to a date to be determined at the hearing in Department G (Pomona). Defendanes counsel is also ordered to meet and confer with Plaintiffs counsel regarding the Demurrer and Motion to Strike and to file a supplemental declaration describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing. BACKGROUND This action arises from the sexual abuse of a high school student by school staff. Defe...

Excerpt: ... with a strep infection that spread to Plaintiffs lungs. As a result of this infection, Plaintiff underwent surgery at a Brazilian hospital in Sao Paulo. After returning to California, Plaintiff submitted a claim to Plaintiffs insurer, Defendant California Physicians' Service. Plaintiff alleges Defendant denied Plaintiffs two claims and appeal on the grounds that Plaintiffs surgery was not emergency treatment. On January 6, 2023, Plaintiff and Gl...

Excerpt: ...ffs motion is also GRANTED IN PART as to document requests 1, 3-7, 9, 10, 15, and 16, and DENIED IN PART as to document requests 2, 8, and 11-14. Within ten (10) days of the issuance of this order, Defendant is ordered to provide Plaintiff with code-compliant responses to Plaintiffs discovery requests and provide Plaintiff with dates for the deposition of Defendant's person most I--mowledgeable. BACKGROUND This is a lemon law action. On December ...

Excerpt: ...covery requests propounded on November 29, 2022, and again provided on March 16, 2023. Defendant must serve code-compliant responses to these discovery requests, with or without objections, on Plaintiff within five (5) days of the issuance of this order, or on or before June 5, 2023. BACKGROUND This is a premises liability action. On November 10, 2021, Plaintiff Gerald Pardo was walking on Towne Avenue near San Antonio Avenue in Pomona when an al...

Excerpt: ...rking with Defendant to help monetize clean energy technology developed by Plaintiff. Subsequently, Plaintiff alleges Defendant began falsely claiming to be an equal partner in Plaintiffs work. Plaintiff then claims Defendant took a laptop computer and flash drive from Plaintiff that contained designs, drawings, and marketing materials for Plaintiffs technology and refused to return it. When Plaintiff confronted Defendant about the laptop compute...

Excerpt: ... DENIED. BACKGROUND This is an action for medical malpractice and wmongful death. In September 2019, John Clonts (Clonts) was admitted to a residential care facility operated by St. Francis Home for the Elderly, Inc. (St. Francis) for hospice care. At the time of Clonts' admission, Clonts was around 90 years of age and suffered from dementia, hearing difficulties, and ambulatory issues. During Clonts' stay, St Francis allegedly failed to follow h...

Excerpt: ...nne Wang are ordered to file an answer to the Second Amended Cross-Complaint in ten (10) days. BACKGROUND This is a breach of contract action arising from a credit agreement. On March 26, 2019, Horizon Tire, Inc. (Horizon Tire) entered into a written agreement with Trotta Tires II, LLC (Trotta Tires) in which Horizon Tire agreed to extend credit to Trotta Tires for the purchase of tires. Horizon Tire alleges Trotta Tires breached the agreement by...

Excerpt: ...ng westbound on 1-10 in the fourth lane with Grisol Lupita Ramirez (Ramirez) as a passenger. As a result of an allegedly dangerous condition that resulted in mud, gravel, and rocks on the roadway, Reyes lost control of the vehicle, collided with the concrete center median, and came to a stop in the second lane. After observing smoke from the vehicle's engine, Reyes and Ramirez exited the vehicle. Around the same time, Michael Minh Quang Dinh (Din...

Excerpt: .... Defendant Haat Investments, LLC owns commercial real property in Glendora. On November 3, 2021, Plaintiff visited a liquor store on Defendant's Glendora property to purchase a beverage. During the visit, Plaintiff alleges the following barriers to access existed: (1) a built-up curb ramp that projects from sidewalk into the access aisle in excess of maximum grade allowed by ADA Standards for Accessible Design and (2) an obstructive wheel stop p...

Excerpt: ...nd primary anastomosis procedure performed by Myron Mariano, M.D. (Dr. Mariano) after a cancerous mass was discovered in George Page's sigmoid colon. After George Page began experiencing complications, Dr. Mariano performed a laparotomy on May 24 and discovered an anastomotic leak at the site of the previous procedure. Dr. Mariano then performed a resection of the anastomosis and created a colostomy. On May 29, George Page had to be intubated due...

Excerpt: ... Harold Lara purchased a certified pre owned 2019 Nissan Pathfinder and alleges express warranties from Defendant Nissan North America, Inc. accompanied the sale, including that Defendant undertook to preserve or maintain the utility or performance of Plaintiffs vehicle and provide compensation if there was a failure in such utility or performance. Plaintiff alleges the vehicle has serious defects and nonconformities including engine, electrical,...

Excerpt: ...st Amended Complaintzare CONTINUED to date to be determined at the hearing. Defendanes counsel is also ordered to meet and confer with Plaintiffs counsel regarding the Demurrer and Motion to Strike and to file a supplemental declaration describing such meet and confer efforts at least nine (9) court days before the next scheduled hearing. BACKGROUND This is a medical malpractice action. On October 4, 2021, Defendants Sapna Sangai Rasani, M.D. (Dr...

Excerpt: ...ENIED IN PART as to Request Nos. 22, 23, 25, 30, and 31. Defendant General Motors, LLC is ordered to serve further and complete code- compliant responses without objection, except where otherwise allowed by this ruling, on Plaintiff within ten (10) days of the issuance of this order. BACKGROUND This is a lemon law action. On November 15, 2020, Plaintiff Jose Isabel Garcia entered into a warranty contract Defendant General Motors, LLC by purchasin...

Excerpt: ...egally. On June 7, 2021, the Ci5r of El Monte (PlamtifO filed a complaint against Dan Tu Cun (Cun), Jian Zou (Zou), Eagle Home Mortgage, LLC (Eagle Home Mortgage), and Does 1-100 alleging the followmg causes of action: (1) narcotics abatement, (2) public nuisance, (3) violation of El Monte municipal code, (4) violation of Unfair Competition Law, and (5) violation of MAUCRSA On February 6, 2022, Plaintiffs registered process server sewed Cun and Z...

Excerpt: ...AINED IN PART and OVERRULED IN PART. Defendants Fleet Capital, Inc„ Inco Builders, and Sam Ostayan's Motion to Strike Portions of Plaintiffs Second Amended Complaint is GRANTED without leave to amend. BACKGROUND This action arises from an alleged wrongful foreclosure. On July 30, 2021, Plaintiff Diana Culkin, also known as Diana Jannette Marmolejo Corona, filed a complaint against Fleet Capital, Inc. (Fleet Capital), Best Alliance Foreclosure a...

Excerpt: ... file a supplemental declaration describing such meet and confer efforts at least (9) court days before the next scheduled hearing. On the coures own motion pursuant to Code of Civil Procedure section 436, the court GRANTS a motion to strike Plaintiffs First Amended Complaint filed April 27, 2023 as improperly filed pursuant to Code of Civil Procedure section 472. BACKGROUND This is an action to quiet title involving a residential property in La ...

Excerpt: ...fendant S193,115. On October 10, Plaintiff alleges Defendant breached the agreement by failing to repay the principal loan and accrued interest. On May 19, 2021, Plaintiff filed a complaint against Defendant and Does 1-50, alleging the following causes of action: (1) breach of contract, (2) fraud, and (3) common counts. On August 4, 2021, Plaintiff filed a First Amended Complaint (PAC) against same defendants alleging (1) breach of contract and (...

Excerpt: ...chair for mobility. Preston Cole LLC (Preston Cole) owns and operates a liquor store in Pomona on property owned by Preston Cole and 3560 University Plaza Pomona LLC (3560 University). On August 22, 2022, Plaintiff visited the liquor store to access its goods and services and assess the business for compliance with disability access laws. During the visit, Plaintiff alleges the following barriers to access existed: (1) the sales counter was too h...

Excerpt: ...strict (WCUSD) determined Plaintiff was eligible for special education. During the 2012-2013 school year, Plaintiff spent the first grade at Ävo different elementary schools where WCUSD allegedly failed to provide proper support for Plaintiff and Plaintiff was subjected to physical, verbal, and psychological abuse. During the summer of 2013, Plaintiffs parents reached a settlement with WCUSD in which Plaintiff would be placed in a state licensed...

Excerpt: ..., Dept. G (Pomona). Defendant is also ordered meet and confer with Plaintiffs counsel regarding the Demurrer and Motion to Strike and to file a supplemental declaration describing such meet and confer efforts at least (9) court days before the next scheduled hearing. BACKGROUND This is a lemon law action. On April 30, 2017, Plaintiff Rubisela Martinez Chavarin entered into a warranty contract with Defendant General Motors LLC by purchasing a 2017...

Excerpt: ...lified. BACKGROUND This is a lemon law action. On September 15, 2018, Plaintiff Manuel Meza, Jr. entered into a warranty contract Mith Defendant General Motors, LLC by purchasing a 2018 Chevrolet Camaro. Subsequently during the warranty period, Plaintiff alleges the vehicle developed defects with its transmission system. On July 29, 2022, Plaintiff filed a complaint against Defendant and Does 1-50, alleging (I)violation of Civil Code section 1793...

Excerpt: ... Defendant Eliborio Ramirez Cruz in which Plaintiff agreed to lend $30,000 to Defendant with a monthly interest rate of Plaintiff alleges Defendant breached the agreement by failing to make agreed upon payments. On April 6, 2022, Plaintiff filed a complaint against Defendant, alleging breach of contract. On November 17, Plaintiff filed a First Amended Complaint against the same Defendant, alleging (1) breach of contract, (2) common counts, and (3...

Excerpt: ...r America by purchasing a 2021 Hyundai Palisade from a dealership. Plaintiffs allege the vehicle did not conform to the warranty as it had serious defects with its electrical, engine, structural, transmission, suspension, and emission systems. On December 21, 2022, Plaintiffs filed a complaint against Defendant and Does 1-10, alleging (I)c'breach of express warranty, (2) breach of implied warranty, and (3) violation of section 1793.2, subdivision...

Excerpt: ...t should or should not transfer the First Amended Cross‐Complaint to a Probate Department, subject to the briefing schedule set by the court at the hearing. BACKGROUND This is an action arising from a dispute over a family trust. On September 3, 1998, Carlota G. Cruz (Carlota Cruz) and Carlota Cruz's husband, Antonio V. Cruz (Antonio Cruz), formed The Antonio V. Cruz and Carlota G. Revocable Trust (Cruz Trust) and are trustees of the Cruz Trust...

Excerpt: ...plaint against Defendant Allstate, alleging Defendant has engaged in insurance bad faith by delaying resolution of Plaintiff's insurance claim. From September 2019 to November 2022, Defendant Allstate provided Plaintiff Bin Yang with renter's insurance. On August 16, 2022, Plaintiff alleges Plaintiff's former landlord broke into Plaintiff's storage locker in El Monte and stole or removed Plaintiff's property. On March 7, 2023, Defendant filed the...

Excerpt: ...ded Complaint Respondent: NO OPPOSITION TENTATIVE RULING Defendants Sarah Lee Kendall, Karen H. Allen (erroneously named “Karen H. Allan”), Crossroads Family Therapy LLC, and Abundance Therapy Center's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED without leave given to amend. Defendants Sarah Lee Kendall, Karen H. Allen (erroneously named “Karen H. Allan”), Crossroads Family Therapy LLC, and Abundance Therapy Center's Moti...

Excerpt: ...efendant General Motors LLC's Motion to Strike Punitive Damages from Plaintiffs' First Amended Complaint is DENIED. BACKGROUND This is a lemon law action. On July 5, 2020, Camilo Rivera Guzman and Christian Rivera Gomez (collectively, Plaintiffs) entered into a warranty contract with Defendant General Motors LLC by purchasing a 2020 Chevrolet Colorado. The warranty contract included a 3- year/36,000-mile express bumper to bumper warranty and a 5-...

Excerpt: ... (Gladden) is a Hong Kong corporation engaged in the business of exporting textiles from China to the United States. Plaintiff worked with textile factories in China and an export shipping company in Hong Kong to fulfill orders from California businesses that include Swat Fame, Inc. (Swat Fame), Defendant Dear John Denim, Inc. (Dear John), and Defendant Ashley Mason, LLC (Ashley Mason). Defendant Makin International, Inc. (Makin) served as an int...

Excerpt: ...IED IN PART as to Defendant Nicholas Shishido. Terminating sanctions are imposed, Defendants Henry James Shishido, Alona Lynn Shishido, H&S Mfg., Robert Fuentes, Desirae Fuentes, and Athena Marie Soto's Answer to Plaintiff's First Amended Complaint is STRICKEN and DEFAULT is entered against Defendants as of this date. BACKGROUND This is an action arising from alleged fraud. Plaintiff Accu-Blend Corporation is in the business of manufacturing wax....

Excerpt: ...hout leave to amend. Defendant Nageswara R. Guntupalli, M.D.'s Motion to Strike Portions of Plaintiffs' Third Amended Complaint is GRANTED without leave to amend. BACKGROUND This is a personal injury action. Plaintiff Joshua Acosta (Acosta) was involuntarily committed to the Aurora Charter Oak Hospital, a psychiatric hospital in Covina, where Acosta was allegedly attacked and beaten by hospital employees. On December 18, 2020, Acosta filed a comp...

Excerpt: ...allegedly tripped on the doorway threshold of the restaurant's rear entrance and fell onto the pavement. As a result of Plaintiff's fall, Plaintiff suffered a fractured ankle, abrasions, lacerations, torn right shoulder and bicep tendons, and a bruised knee. Plaintiff subsequently had to receive medical treatment at the Pomona Valley Hospital Medical Center. Plaintiff alleges the doorway was dangerous and unsafe. On October 7, 2022, Plaintiff fil...

Excerpt: ...to March 2020, Plaintiff attended South Pointe Middle School (South Pointe) in the Walnut Valley Unified School District (WVUSD) as a sixth grader. During this time, another sixth-grade special needs student named Student X sexually assaulted Plaintiff in restrooms at South Pointe during the school day on multiple occasions. Student X also exchanged sexually explicit messages, photographs, and videos with Plaintiff. After Plaintiff's mother learn...

Excerpt: ...mpel Defendant Wind Chime Properties, L.P.'s Further Responses to Special Interrogatories, Set One is GRANTED. Defendant Wind Chime Properties, L.P. is ordered to serve further and complete code‐ compliant responses without objection on Plaintiff within ten (10) days of the issuance of this order. Sanctions are awarded to Plaintiff against Defendant in the amount of $400, payable within thirty (30) days of the issuance of this order. Plaintiff ...

Excerpt: ...t a warehouse. On June 15, 2021, Plaintiffs Jin Hong Gong and Ling Fong entered into an oral agreement with Defendants Chung Woo Chan (Chan), Tai Wan Wong (Wong), and LMI Autoparts Inc. (LMI) in which Plaintiff agreed to clear out Defendants' warehouse in the City of Industry by August 31 in exchange for Defendants paying $3 per square foot. After Plaintiffs allegedly completed the tasks on August 11, Plaintiffs allege Defendants breached the agr...

Excerpt: ...for Punitive Damages is deemed MOOT. BACKGROUND This is a breach of contract and fraud action arising from an investment agreement. On March 31, 2020, Plaintiff Kevin Chen entered into an oral agreement with Defendant Kevin Chen in which Plaintiff agreed to invest $155,000 with Defendant. In March 2021, after Plaintiff made a profit of $50,000, Plaintiff asked Defendant to return the money. While Defendant returned some of the money, Plaintiff al...

Excerpt: ...ded Complaint Respondent: NO OPPOSITION TENTATIVE RULING Defendants Sarah Lee Kendall, Karen H. Allen (erroneously named “Karen H. Allan”), Crossroads Family Therapy LLC, and Abundance Therapy Center's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED without leave given to amend. Defendants Sarah Lee Kendall, Karen H. Allen (erroneously named “Karen H. Allan”), Crossroads Family Therapy LLC, and Abundance Therapy Center's Moti...

Excerpt: ...lifornia and Sokly Chen TENTATIVE RULING Defendants Yanlin Li, Fiorano Motorsport LLC, Bianco Corsa Motorsport, Inc., and Yokohama Imports USA, LLC's Demurrer to Plaintiffs' First Amended Complaint is SUSTAINED IN PART and OVERRULED IN PART with twenty (20) days leave to amend. Defendants Yanlin Li, Fiorano Motorsport LLC, Bianco Corsa Motorsport, Inc., and Yokohama Imports USA, LLC's Motion to Strike Portions of Plaintiffs' First Amended Complai...

Excerpt: ...laintiffs time as a student, Plaintiff was allegedly bullied, tormented, and subjected to verbal, physical, and sexual assault by fellow students on school premises and while being transported to and from school. As a result, Plaintiff allegedly suffered significant physical and psychological trauma. On January 20, 2021, Plaintiff, by and through guardian ad litem Olivia C., filed a complaint against West Covina Unified School District (WCUSD); C...

Excerpt: ...onal Association entered into a written agreement with Defendant Nuan Corp. (Lion Express), doing business as Lion Express, in which Plaintiff agreed to provide $381,972.81 for Lion Express to purchase equipment. Lion Express agreed to make an initial payment of S395, sixty-three monthly payments of $4,639.39, and one final payment of $81,034.39. James Yuan (Yuan) and Golden Lion Transportation (Golden Lion) also executed personal guaranties to g...

Excerpt: ...ze Sun, and sister-in-law, Plaintiff Shuang Xia (Xia), are Chinese citizens. In January 2021, Tianze Sun and Xia's non-immigrant visas were about to expire when their child was in serious medical condition and needed surgery. In order to stay in the United States for their child's medical treatment, Tianze Sun and Xia sought out immigration experts and discovered Defendant Coastline Immigration Service, Inc. (Coastline). Bianca Sun, Tianze Sun, a...

Excerpt: ...breach of contract action arising between an employer and a former employee. Plaintiff Loa Inel (USA) Transport Co. Inc. is a transportation business that worked closely with RL Jones, a customs brokerage and international logistics company in Texas. Defendant George Liu was an employee of Plaintiff who worked closely with RL Jones, was aware of the business relationship between RL Jones and Plaintiff, and signed a confidentiality and non-disclos...

Excerpt: ...emborg Ford (Defendant). Subsequently, Plaintiffs' vehicle manifested engine defects. On November 8, 2022, Plaintiffs filed a complaint against Ford, Defendant, and Does 1-10, alleging the following causes of action: (1) breach of express warranty, (2) breach of implied warranty, and (3) negligent repair. On January 10, 2023, Defendant filed the present demurrer. Prior to filing on December 28, 2022, Defendant's counsel met and conferred telephon...

Excerpt: ...Plaintiffs Complaint is OVERRULED. Defendants 'Matias' Clinical Laboratory, Inc. and Emilio Villarba's Motion to Strike Portions of Plaintiffs Complaint is DENIED. BACKGROUND This is a breach of contract action arising from an equipment lease agreement. On October 12, 2020, Thermo Fisher Financial Services, Inc. (Thermo Fisher) entered into a written lease agreement with Defendant 'Matias' Clinical Laboratory, Inc. (Matias Clinical Lab), doing bu...

Excerpt: ...endant APCK Inc. is GRANTED. BACKGROUND This is a breach of contract action arising from a loan and security agreement On December 3, 2021, Plaintiff BMO Harris Bank N.A. entered into a written loan and security agreement with Defendant APCK Inc. (APCK) for the financing of certain collateral. Plaintiff alleges APCK breached the agreement by failing to make monthly installment payments on September 1, 2022 and now owes $242,106.77, in addition to...

Excerpt: ...ido, Alona Lynn Shishido, Robert Fuentes, Desirae Fuentes, Athena Marie Soto, and Nicolas Shishido is GRANTED. Sanctions are awarded in the amount of $461.65 and payable within thirty (30) days of the issuance of this order. BACKGROUND This is an action arising from alleged fraud. Plaintiff Accu-Blend Corporation is in the business of manufacturing wax. Defendant Henry James Shishiso (Henry Shishido) has served as Plaintiffs daily operations mana...

Excerpt: ...ponse without objection on Defendant within ten (10) days of the issuance of this order. Furthermore, sanctions are also awarded in the amount of $700 against Plaintiff, payable within thirty (30) days of the issuance of this order. BACKGROUND This action arises from the sexual abuse of a high school student by school staff. Defendant Brandy Wilborn (Wilborn) was a teacher's aide employed by Defendant Claremont Unified School District (CUSD) at C...

Excerpt: ...ble to the public. As early as September 2022, Plaintiff visited Defendant's website multiple times and alleges the following barriers to access existed: (1) graphics, links, and buttons on the website were mislabeled or lacked alternative text (alt-text) for screen-reading software to read out; (2) multiple pages contained insufficient navigational headings; (3) product links and descriptions were inaccessible to screen reading technology, and (...

Excerpt: ... and file a supplemental declaration describing such meet and confer efforts at least (9) court days before the next scheduled hearing. BACKGROUND This is an action arising from a dispute over a family trust. On September 3, 1998, Carlota G. Cruz (Carlota Cruz) and Carlota Cruz's husband, Antonio V. Cruz (Antonio Cruz), formed The Antonio V. Cruz and Carlota G. Revocable Trust (Cruz Trust) and are trustees of the Cruz Trust On December 13, 2012, ...

Excerpt: ...M. Elias Trust. Luis Elias transferred real property to the trust, while retaining the right to possess, profit from, and manage the trust property until death. Luis Elias leased the trust property to Defendant Peter Elias who collected rent from the property s tenants. After Luis Elias died, Defendant continued to collect rent on the trust property. On August 30, 2021, Robles, as trustee of the Luis M. Elias Trust, filed a complaint against Jenn...

Excerpt: ...trike Punitive Damages from Plaintiffs' First Amended Complaint are CONTINUED TO April 18, 2023, 8:30 a.m., Dept. G (Pomona). Defendanes counsel is also ordered to meet and confer with Plaintiffs' counsel regarding the Demurrer and Motion to Strike and to file a supplemental declaration describing such meet and confer efforts at least (9) court days before the next scheduled hearing. BACKGROUND This is a lemon law action. On July 5, 2020, Camilo ...

Excerpt: ...GRANTED with twenty (20) days leave to amend. BACKGROUND This is a disability rights action. Plaintiff Rebecca Castillo is a visually impaired and legally blind individual. The Kroger Co. (Defendant) owns and operates a commercial and publicly accessible website named "wvw.v.picknsave.com" that provides consumers with access to goods, services, and information related to Defendant's brick-and-mortar locations. On separate occasions since August 2...

Excerpt: ...otion to Compel Further Responses to Special Interrogatories, Set One , Nos. 1-43, 45-173, 175-185, 188-224 Respondent: Plaintiff Joshua Acosta Defendant Aurora Charter Oaks-Los Angeles, LLC's Motion to Compel Further Responses to Requests for Admission, Set One, Nos. 36-184 Respondent: Plaintiff Joshua Acosta Plaintiffs Joshua Acosta's Motions to Compel Further Responses to Form Interrogatories, Setone, Nos. 12.4, 15.1, 16.1, 16.2, 16.3, 16.4, 1...

Excerpt: .... BACKGROUND This is an action arising from a family business dispute. In 1998, Chunping Cong (Cong) and Mingxiu Cao (Cao), Con