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2023.02.28 Motion to Recover Personal Property 844
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.28
Excerpt: ...andez) and Anarbys Abrahante (Abrahante) entered into an oral partnership agreement with Raul Trevino (Trevino) to establish a Slaters 50/50 franchise on the first floor of a building in Covina (hereafter, Covina Property) that Trevino owned. On March 6, parties formed a corporation named Fervino, Inc. (Fervino). Prior to the partnership, Trevino operated a nightclub on the first floor of the Covina Property. Trevino allegedly agreed to relocate ...
2023.02.28 Motion for Summary Judgment 438
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.28
Excerpt: ...s 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 $395, 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 guaranty payment under the agreement. Plaintiff alleges Lion Express breached the agreement by failing to mak...
2023.02.28 Motion for Leave to File FAC 585
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.28
Excerpt: ...equently, defaulted on each. CBB further alleges that on or about October 04, 2018, Sandhu executed and delivered to CBB a commercial guaranty (“Guaranty”) where he agreed to guarantee all indebtedness of Arabians due to CBB, including but not limited to the amounts owed under the 076 Note, then existing, or thereafter arising on a continuing basis. The Guaranty is alleged to include the debt under the 419 and 541 notes. The alleged outstandi...
2023.02.27 Motion to Quash Deposition Subpoena, for Protective 446
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.27
Excerpt: ...go Bank 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...
2023.02.24 Application for Dismissal 617
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.24
Excerpt: ...s 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 and Lien Services Corp. (Best Alliance), Inco Builders (Inco), and Does 1-25, alleging the following causes of action: (1) violation of California's non judicial foreclosure statutes, (2) wrongful foreclosure, (3) conversion, (4) un...
2023.02.23 Motion to Compel Individual Arbitration and Dismiss or Stay Proceedings 640
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.23
Excerpt: ...nvision WC Toy Auto, LLC; Envision WC AU Auto, LLC; Envision WC CDJR Auto, LLC; Envision NWK Toy Auto, LLC; Envision Escondido Auto, LLC; and Envision CE LRJ Auto, LLC's Motion to Compel Individual Arbitration and Dismiss or Stay Proceedings is GRANTED as to Plaintiff's PAGA claim for violations suffered individually by Plaintiff. However, Plaintiff's claims on the behalf of other employees are STAYED pending the California Supreme Court's ruling...
2023.02.23 Motion to Compel Further Responses, for Sanctions 304
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.23
Excerpt: ...rded in the amount of $500, payable within 30 days of the issuance of this order. BACKGROUND This is a breach of contract action arising from a cannabis distribution agreement. On December 9, 2020, Plaintiff Calyx Peak, Inc. entered into a written agreement with Rukli, Inc. (Defendant) and Gregory Klibanov (Klibanov) in which Defendant agreed to provide distribution services to Plaintiff. Plaintiff alleges Defendant breached the agreement by fail...
2023.02.22 Motion for Summary Judgment, Adjudication 097
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.22
Excerpt: ...e's restaurant franchise in the City of Industry. Plaintiff alleges the San Gabriel Valley Council of Governments (SGVCOG), City of Industry (City), and Alameda Corridor-East Construction Authority (ACECA) were responsible for the Fullerton Road Grade Separation Project (Fullerton Road Project) which allegedly eliminated access to Plaintiff's store. On February 5, 2021, Plaintiff filed a complaint against SGVCOG, the City, ACECA, and Does 1-50, a...
2023.02.22 Motion for Sanctions 313
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.22
Excerpt: ...minating sanctions are imposed. Defendant Gregory Ward's General Denial and Affirmative Defenses to Plaintiff's Complaint is HEREBY STRICKEN and Default is entered against Defendant as of this date. BACKGROUND In this malicious prosecution action, Defendant Gregory Ward asked Plaintiff Isabel M. Coats, Defendant's mother, to help finance the family cabin's construction in Utah. While Plaintiff initially formed a partnership with Defendant and pro...
2023.02.21 Motion to Compel Further Production of Docs, for Monetary Sanctions 060
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.21
Excerpt: ...ount of $560, payable within thirty (30) days of the issuance of this order. BACKGROUND This is a wrongful termination action. On November 30, 2020, Plaintiff Sharine Forbes reached out to Shehzad Ahmed (Ahmed), the chief officer and administrator for Defendant Pomona Valley Home Care, Inc., and inquired about employment in the healthcare industry. After discussing a potential position with Plaintiff, Ahmed reached out to Plaintiff on December 7 ...
2023.02.21 Demurrer, Motion to Strike 654
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.21
Excerpt: ...�Complaint Respondent: Defendants/Cross-Complainants Mudita Health and Wellness, Inc. and Orlander Earl Robinson TENTATIVE RULING Cross‐Defendants Weiss Industrial Holdings, LLC; Art Weiss, Inc.; and Matthew A. Sawyer's Demurrer to Plaintiff's Complaint is OVERRULED. Cross‐Defendants Weiss Industrial Holdings, LLC; Art Weiss, Inc.; and Matthew A. Sawyer's Motion to Strike Portions of Plaintiff's Complaint is GRANTED IN PART as to allegations ...
2023.02.16 Demurrer 813
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.16
Excerpt: ...; Homeowners Equity Corporation; and Fin‐West Group's Demurrer to Plaintiffs' Seventh Amended Complaint is CONTINUED TO March 6, 2023, at 8:30 a.m., Dept. G (Pomona). Defendants are also ordered to meet and confer with Plaintiffs' counsel regarding the demurrer and to file a supplemental declaration describing such meet and confer efforts at least five (5) court days before the next scheduled hearing on the demurrer (on or before February 27, 2...
2023.02.16 Motion to Quash Proof of Service, to Quash or Strike Complaint 115
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.16
Excerpt: ...hange for $148,640 from the Defendant. After the Plaintiff completed a majority of the work, the Defendant unilaterally terminated the contract and refused to pay the remaining $35,686.39. On February 4, 2022, Plaintiff filed a Complaint against the Defendant and Does 1-25, alleging the following causes of action: (1) breach of written contract and (2) foreclosure of mechanic's lien. On March 15, Plaintiff's registered process server effected sub...
2023.02.15 Motion to Set Aside Default Judgment 707
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.15
Excerpt: ...ent action. On August 7, 2020, Zifa Lin (Defendant) and Phoe Tech Group, Inc. (collectively, Defendants) entered into a 3-year lease agreement with Plaintiff Puente Hills Business Center II, L.P. in which Defendants agreed to rent a property in the City of Industry from Plaintiff. On June 2, 2022, Defendants were evicted from the property pursuant to a judgment entered in an unlawful detainer action brought by Plaintiff. Since the filling of the ...
2023.02.14 Application for Default Judgment 596
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.14
Excerpt: ...ayment plan. Plaintiff alleges Defendant breached the agreement on February 23, 2022, by failing to make payments under the agreement and refusing to allow Plaintiff to regain possession of the manufactured home. On June 17, 2022, Plaintiff filed a verified complaint against Defendant and Does 1-25, alleging default under a written security agreement and possession of collateral and/or an order for sale. On August 24, Defendant was personally ser...
2023.02.10 Demurrer, Motion to Strike 085
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.10
Excerpt: ...College's Motion to Strike Portions of Plaintiff's First Amended Complaint is deemed MOOT. BACKGROUND This is a disability rights action. From 2016 to 2019, Plaintiff Brendan Schultz was a student at Pitzer College, part of the consortium of Claremont Colleges. In the 2018 spring semester, Plaintiff enrolled in a sociology course at Defendant Pomona College taught by Dr. Brady Potts (Potts). During this time, Plaintiff received academic accommoda...
2023.02.09 Demurrer, Motion to Strike 583
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.09
Excerpt: ... to amend. Defendant Claremont Unified School District's Motion to Strike Portions of Plaintiff John SJ Doe's First Amended Complaint is deemed MOOT. 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 Claremont High School. Plaintiff John SJ Doe was a student at Claremont High School....
2023.02.08 Application for Default Judgment 961
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.08
Excerpt: ...a portion of a building in El Monte to Defendant in exchange for a monthly rent of $6,000. On February 15, 2014, Defendant stopped paying the printing and delivery newspaper fee. Defendant also did not repay money borrowed from Plaintiff on February 21, 2017 and did not pay rent since June 30, 2019. On November 22, 2021, Plaintiff filed a complaint against Defendant, alleging breach of contract. On February 22, 2022, default was entered against t...
2023.02.08 Application for Default Judgment 842
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.08
Excerpt: ...t $500,000 in NE Plus in exchange for Plaintiff being nominated as chairman of the board for NE Plus, which would have allowed Plaintiff to receive an annual salary of $180,000 and to enroll an incentive stock program with six million shares at three year vesting periods with an exercise price of ten cents per share. Plaintiff accepted the invitation and invested $500,000 in NE Plus. Plaintiff then alleges that Huang and Does 1-10 diverted funds ...
2023.02.07 Motion for Summary Judgment 783
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.07
Excerpt: ...s a medical malpractice and personal injury action. In the early morning on August 30, 2019, Plaintiff Steven Anthony Montoya was exercising at a Crunch Fitness gym in San Dimas when Plaintiff began to exhibit symptoms of an ischemic stroke, including slurred speech and disorientation. Upon observing Plaintiff's symptoms, Crunch Fitness staff and others mistakenly believed Plaintiff was intoxicated and contacted law enforcement. Subsequently, dep...
2023.02.06 Motion to Compel Arbitration and Stay Proceedings 600
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.06
Excerpt: ...xpress written contract with Defendant Nissan North America, Inc. in which Defendant undertook to preserve or maintain the utility or performance of Plaintiff's vehicle and provide compensation if there was a failure in such utility or performance. Plaintiff alleges the vehicle's continuously variable transmission was defective. On June 17, 2022, Plaintiff filed a complaint against Defendant, KAB Group Investments, Inc., and Does 1-10, alleging (...
2023.02.06 Motion for Determination of Good Faith Settlement 731
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.06
Excerpt: ... Interstate 10 (I-10). On January 5, 2019, Jesus Angel Reyes Corrales (Reyes) was driving westbound on I-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, R...
2023.02.06 Application for Default Judgment 770
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.06
Excerpt: ... Logic) in which Plaintiff agreed to provide a line of business credit to Pool Logic. The agreement was guaranteed by Pool Logic's owner, Defendant Jeffrey Martija (Martija). On March 16, 2021, Plaintiff also executed a promissory note with Pool Logic in the amount of $140,000, which was signed by Martija and Defendant Asia Jaeger (Jaeger). Plaintiff alleges Pool Logic breached the agreement by failing to make payments. On July 27, 2022, Plaintif...
2023.02.02 Demurrer 105
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.02.02
Excerpt: ...he next scheduled hearing, or on or before February 27, 2023. BACKGROUND This is an action for 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 Plaintif...
2023.01.31 Motion to Set Aside Dismissal 141
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.31
Excerpt: ...aintiff Julio C. Sandoval purchased the West Covina condo from the Luna Family Trust. On December 5, Plaintiff's wife, Laura C. Sandoval, quitclaimed any interest in the West Covina condo to Plaintiff. In 2007, Plaintiff had difficulty making mortgage payments and was faced with foreclosure proceedings. At that time, Plaintiff received flyer from Marengo Associates, promising to save homeowners' homes from foreclosure. Plaintiff contacted Marengo...
2023.01.30 Motion to Quash Subpoenas for Production of Business Records 121
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.30
Excerpt: ...spute over real property. Elikin Mauricio Yepes (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, Yepes filed a verified complaint against Miller-Williams, Guzman, and Does 1-10, alleging (1) partition and (2) accounting. On November 10, 2021, Yepes filed a verified First Amended Complaint (FAC) against the same defendants alleging th...
2023.01.30 Motion to Compel Arbitration and Stay Proceedings 615
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.30
Excerpt: ...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 Plaintiff's 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, emission, transmission, suspension, structural, and steering syste...
2023.01.26 Motion for Leave to File FACC 678
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.26
Excerpt: ...n Health) was registered as a California corporation and was established to provide healthcare and daycare services for seniors. William Wei Weng and Miao Li Lily Weng (also referred to as Miaoli Feng or Miao Li Feng, collectively Cross- Complainants) were majority shareholders in Da Zhen Health. Plaintiff Mo Chen is a minority shareholder in Da Zhen Health. In 2019, Plaintiff alleges Cross-Complainants transferred all of Da Zhen Health's busines...
2023.01.25 Motion for Attorney Fees 286
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.25
Excerpt: ...iff M&K, LLC for three years with a monthly rent of $3,375. The lease was extended from October 1, 2019, to September 30, 2024, with monthly rent being increased to $3,800. On July 1, 2021, Defendant failed to comply with a three-day notice to quit or pay rent by Plaintiff. At the time of the notice, Defendant owed $46,968 in rent. On March 24, 2022, Plaintiff filed a complaint against Defendant for unlawful detainer. The court held a bench trial...
2023.01.24 Motion for Sanctions 313
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.24
Excerpt: ...inating sanctions are imposed. Defendant Gregory Ward's General Denial and Affirmative Defenses to Plaintiff's Complaint is HEREBY STRICKEN and Default is entered against Defendant as of this date. BACKGROUND In this malicious prosecution action, Defendant Gregory Ward asked Plaintiff Isabel M. Coats, Defendant's mother, to help finance the family cabin's construction in Utah. While Plaintiff initially formed a partnership with Defendant and prov...
2023.01.24 Demurrer to FAC 319
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.24
Excerpt: ...ambulate. 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 2010 and 1991 ADA Standards for Accessible Design and (2) an ob...
2023.01.23 Motion to Compel Arbitration and Stay Proceedings 671
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.23
Excerpt: ...express warranties from Defendant Nissan North America, Inc. accompanied the sale, including that Defendant undertook to preserve or maintain the utility or performance of Plaintiff's 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 transmission system defects. On June 30, 2022, Plaintiff filed a complaint...
2023.01.19 Demurrer, Motion to Strike 571
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.19
Excerpt: ... This is a disability rights action. Plaintiff Rebecca Castillo is a visually impaired and legally blind individual. The Finish Line, Inc. (Defendant) owns and operates a commercial and publicly accessible website that provides consumers with access to goods, services, and information related to Defendant's brick-and-mortar locations. Starting in September 2022, Plaintiff visited Defendant's website and alleges the following barriers to access ex...
2023.01.18 Motion for Leave to File SAC 087
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.18
Excerpt: ...usiness 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 alleges Shang, without Zhang's consent or approval, caused CG Plastics to enter into a lease agreement for a warehouse in Rancho Cucamonga. On June 28, Zhang alleges Shang told Zhang that the company needed an investme...
2023.01.18 Demurrer to FAC 731
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.18
Excerpt: ...te. Be Liquor Inc. (Defendant) owns and operates a liquor store in Pomona on property owned by the David and Shirlee Roberts Family Trust U/D/T Dated January 3, 1992 (Roberts Family Trust). David B. Roberts and Shirlee M. Roberts (collectively, the Roberts) are trustees of the Roberts Family Trust. On July 9, 2022, Plaintiff visited Defendant to purchase grocery items and a lottery scratch card. During the visit, Plaintiff alleges the following b...
2023.01.17 Motion to Compel Compliance with Subpoena 882
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.17
Excerpt: ...G Plaintiff William Loo's Motion to Compel Compliance with Subpoena for Production of Powers of Attorney and Attorney Journals and Entries Regarding Fraudulent Powers of Attorney and Deeds of Trust Encumbering By Theft of 3 Real Properties Owned by Plaintiff and His Parents, in the Possession of Los Angeles County Sheriff's Department and Los Angeles Police Department is DENIED. BACKGROUND This is an action to quiet title. Plaintiff William Loo a...
2023.01.13 Demurrer 505
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.13
Excerpt: ...d. BACKGROUND This action arises from the sexual abuse and exploitation of a minor. Scott Wendell Bray (Bray) was the executive director of the Young Men's Christian Association of Pomona Valley (YMCA Pomona). Plaintiff Robert Mathis, II was a minor who participated in events sponsored by YMCA Pomona. Starting in 1975 when Plaintiff was approximately 6 or 7 years of age, Bray sexually assaulted, abused, molested, and harassed Plaintiff during YMC...
2023.01.12 Motion to Quash Subpoenas, for Sanctions 748
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.12
Excerpt: ...nte and/or Its Attorney of Record Respondent: Defendant City of El Monte TENTATIVE RULING Plaintiff Alicia Moreno/Santander's Motion to Quash Defendants' Subpoenas for Plaintiff's Medical & Billing Records is GRANTED IN PART, DENIED IN PART. Plaintiff's request for sanctions is DENIED. Plaintiff Luis Martinez Moreno's Motion to Quash Defendants' Subpoenas for Plaintiff's Medical & Billing Records is GRANTED IN PART, DENIED IN PART. Plaintiff's re...
2023.01.11 Motion to Continue Trial 526
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.11
Excerpt: ...reach of contract action arising from a municipal insurance agreement. Plaintiff Independent Cities Risk Management Authority is a joint powers authority formed for purposes of self-insurance pooling among its members. Plaintiff required members to pay for deficiencies in funding for certain liability program years and gave members the option of paying the assessment over a ten-year period. At the time of this assessment, Defendant City of Baldwi...
2023.01.11 Demurrer to FACC 702
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.11
Excerpt: ... Robledo, and Rachel Neu (Neu) are co-trustees of the Luis 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...
2023.01.10 Motion to Quash or Modify Subpoena 882
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.10
Excerpt: ...d of trust in order to obtain a loan. On October 2, 2019, Plaintiff filed a verified complaint alleging the following causes of action against Li, M. Zha, Agnes N. Nwapa-Jourdan, Summit Capital LLC, the Bernard Rothschild Pension Plan by and through Bernard Rothschild and James Bernard Rothschild as trustees, JMR Investments, Does 1-25, and all persons unknown (collectively, Defendants), alleging the following causes of action: (1) declaratory re...
2023.01.10 Motion to Compel Arbitration and Stay Proceedings 644
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.10
Excerpt: ...no Rojas purchased a 2019 Nissan Altima. Plaintiff alleges Defendant Nissan North America, Inc. made express warranties to preserve or maintain the utility or performance of the vehicle and provide compensation if there is a failure in such utility or performance. Plaintiffs subsequently began experiencing electrical and drivability concerns caused by failures in the emergency braking system. On June 24, 2022, Plaintiffs filed a complaint against...
2023.01.10 Motion to Compel Arbitration and Stay Proceedings 182
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.10
Excerpt: ...issan of El Monte. Plaintiff alleges Defendant Nissan North America, Inc. made express warranties to preserve or maintain the utility or performance of the vehicle and provide compensation if there is a failure in such utility or performance. Plaintiff subsequently discovered the vehicle had serious defects including trouble starting and a faulty alarm system. On March 5, 2021, Plaintiff filed a complaint pursuant to the Song-Beverly Consumer War...
2023.01.10 Demurrer to SAC 956
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.10
Excerpt: ...D.S. and Keum Kang Choi Dental Corporation (collectively, Choi Defendants); Udream Dental; George Xenakis, D.D.S.; and George Xenakis, D.D.S., P.C. (collectively, Defendants) for Plaintiff's dental hygienic needs. On January 5 and January 19, 2021, Defendants extracted six of Plaintiff's teeth and performed implants and grafts on Plaintiff's removed teeth. After the procedures, Plaintiff developed a mouth infection and was hospitalized eleven day...
2023.01.10 Application for Default Judgment 160
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.10
Excerpt: ...ntiff 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 Plaintiff's work. Plaintiff then claims Defendant took a laptop computer and flash drive from Plaintiff that contained designs, drawings, and marketing materials for Plaintiff's technology and refused to return it. When Plaintiff confronted Defendant about th...
2023.01.09 Motion to Strike Punitive Damages in SAC 361
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.09
Excerpt: ...greement with Defendants National Progressive Inc. and Tony Hsu in which Plaintiff agreed to loan a principal sum of $150,000 to Defendants. Plaintiff alleges Defendants then breached the agreement by failing to inform Plaintiff of significant changes to Defendants' financial condition. On June 2, 2020, Plaintiff filed a complaint against Defendants and Does 1-100, alleging the following causes of action: (1) breach of promissory note, (2) breach...
2023.01.06 Application for Preliminary Injunction 516
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.06
Excerpt: ...payment of a $58,500 promissory note by naming Lexington Capital Corp. (Lexington Capital) as beneficiary and Daniel P. Garcia (Garcia) as the trustor. On April 21, 2018, Plaintiff Jaime A. Pinedo purchased the El Monte property from Garcia. Because Lexington Capital was an inactive corporation that had been suspended by the California Secretary of State on July 9, 2009, and the California Franchise Tax Board on January 4, 2010, Plaintiff and a t...
2023.01.05 Motion to Compel Arbitration and Stay Proceedings 657
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.05
Excerpt: ...llectively, Plaintiffs) entered into a warranty contract with Nissan North America, Inc. (Defendant) by purchasing a new 2019 Nissan Sentra. The warranty contract included basic coverage (36 months/36,000 miles) and a powertrain warranty (60 months/60,000 miles). On June 28, 2022, Plaintiffs filed a complaint against Defendant and Does 1-10, alleging (1) violation of the Song-Beverly Act – breach of express warranty, (2) fraudulent inducement �...
2023.01.05 Demurrer to FAC 617
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.05
Excerpt: ...Jannette Marmolejo Corona, filed a complaint against Fleet Capital, Inc. (Fleet Capital), Best Alliance Foreclosure and Lien Services Corp. (Best Alliance), Inco Builders (Inco), and Does 1-25, alleging the following causes of action: (1) violation of California's non judicial foreclosure statutes, (2) wrongful foreclosure, (3) conversion, (4) unfair business practices, and (5) declaratory relief. On February 9, 2022, Inco filed a cross-complaint...
2023.01.04 Demurrer 339
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.04
Excerpt: ...ntal declaration describing such meet and confer efforts at least (5) court days before the scheduled hearing. BACKGROUND This is an action arising from a family dispute over real property. Plaintiff Lauren Turrietta, formerly known as Lauren Medina, is a sister-in-law of Defendant Elizabeth Turrietta. In July 2019, Plaintiff wanted to purchase a property in Pomona but was unable to qualify for a loan to finance the purchase. Plaintiff then came ...
2023.01.04 Demurrer, Motion to Strike 375
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.04
Excerpt: ...ions of Plaintiffs' Complaint is DENIED. BACKGROUND This is a lemon law action. On April 12, 2015, Steven Lu and Sue Park (collectively, Plaintiffs) entered into a warranty contract with Subaru of America, Inc. (Defendant) by purchasing a 2015 Subaru Outback that was manufactured and/or distributed by Defendant. The warranty contract included a bumper-bumper warranty (3 years/36,000 miles), powertrain warranty (5 years/60,000 miles), and an emiss...
2023.01.04 Motion to Rescind Settlement Agreement, to Enforce Settlement 926
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.04
Excerpt: ... Chunping Cong (Cong) and Mingxiu Cao (Cao), Cong's husband, came to the United States from China on a temporary visa and founded C & L Marble Products, Inc (C&L). In September 2000, Cong and Cao returned to China and left Jason Tsao (Tsao), Cao's cousin, in charge of the business. In June 2016, Cong allegedly discovered Tsao was transferring C&L's assets to Tsao. Cong also claims Tsao changed C&L's name to “Kingstone Marble, Inc.” and subseq...
2023.01.03 Motion for Final Approval of Class Action Settlement, for Attorney Fees, Class Representative Enhancement Payment 789
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2023.01.03
Excerpt: ...ed for Defendant Bentley Mills, Inc. as an hourly non-exempt employee. On November 13, 2020, Brianna Guzman filed a PAGA complaint against Defendant and Does 1-100. On November 10, 2021, Plaintiff filed a First Amended Class Action Complaint and PAGA Complaint against Defendant and Does 1- 100, alleging (1) violation of Labor Code sections 510 and 1198; (2) violation of Labor Code section 226.7 and 512, subdivision (a); (3) violation of Labor Cod...
2022.12.15 Demurrer, Motion to Strike 654
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.15
Excerpt: ...omplainants' Second Amended Cross‐Complaint Respondent: Defendants/Cross-Complainants Mudita Health and Wellness, Inc. and Orlander Earl Robinson TENTATIVE RULING Cross‐Defendants Weiss Industrial Holdings, LLC, Art Weiss, Inc., Matthew A. Sawyer, and Wendy A. Sawyer's Demurrer to Defendants/Cross‐Complainants' Second Amended Cross‐Complaint is OVERRULED IN PART, SUSTAINED IN PART with 30 days leave to amend. Cross‐Defendants Weiss Indu...
2022.12.14 Demurrer, Motion to Strike 516
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.14
Excerpt: ...g's Motion to Strike Plaintiff's First Amended Complaint is deemed MOOT. BACKGROUND This is an action arising from a landlord-tenant dispute. In July 2020, Plaintiff Yu Zheng Chen entered into a lease agreement with Defendant Longji Guan (Guan) in which Plaintiff agreed to lease a property in Rowland Heights to Guan for a one-year term in exchange for monthly rent of $2,500. Plaintiff alleges Guan and Guan's family members did not pay rent under ...
2022.12.13 Application to Seal Court Records, to Compel Separate Statement, Further Responses 296
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.13
Excerpt: ...District TENTATIVE RULING Plaintiff L.R.'s Application for an Order to Seal Court Records in Support of Plaintiff's Motion to Compel and Plaintiff's Separate Statement in Support of Plaintiff's Motion to Compel is GRANTED. As for Plaintiff L.R.'s Motion to Compel Defendant Walnut Valley Unified School District's Further Responses to Request for Production of Documents Set Two Nos. 20, 21, 22, and 25, the court requests additional briefing from th...
2022.12.12 Motion to Compel Arbitration and Stay Proceedings 335
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.12
Excerpt: ...tion. BACKGROUND This is a derivative business litigation action. On April 22, 2014, Plaintiff Shenzhen Jujin Paper Packaging Co., Ltd. entered into a partnership agreement with Defendant Vincent Chi Chung Cheng (Cheng), who was the chief executive officer and sole director of Vinoki Packaging Co. (Vinoki). Defendant Yani Qiu (Qiu), also known as Nicole Qiu, was the chief financial officer and corporate secretary of Vinoki. Vinoki's net income an...
2022.12.12 Application for Right to Attach Order, for Writ of Attachment or TRO 681
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.12
Excerpt: ... to Attach Order and Issuance of a Writ of Attachment and/or Temporary Protective Order and is DENIED. The Protective Ordered issued by the court on December 1, 2022, is dissolved. BACKGROUND This is a breach of contract action. On August 8, 2017, Miravalle Foods, Inc. (Miravalle Foods) entered into an agreement with Defendant Yucapia Trading Co., Inc., doing business as Rio Ranch Market, in which Defendant agreed to purchase $3,000,000 worth of ...
2022.12.12 Application for Default Judgment 777
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.12
Excerpt: ...eposited $2,860,000 into escrow with JD Escrow, Inc. (JD Escrow). Although K2 Investment never provided Plaintiff with the product, JD Escrow released Plaintiff's payment to K2 Investment. After Plaintiff demanded a refund, Defendant Ahn Tuan La, also known as “Jack La,” promised K2 would provide a refund on September 29, 2020. Plaintiff also received assurances on October 10, 2020 from K2 Investment's agent, Yu Seong Kim or Andrew Kim (Kim),...
2022.12.08 Application for Default Judgment 264
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.08
Excerpt: ...ments) owns and operates a grocery store in La Puente on property owned by The Parrish Family Trust dated August 23, 2001 (Parrish Family Trust). Marylou Parrish (Parrish) is a trustee of the Parrish Family Trust. On January 28, 2021, Plaintiff visited the grocery store to access its goods and assess business for compliance with disability access laws. During the visit, Plaintiff alleges the following barriers to access existed: (1) service and s...
2022.12.07 Motion for Summary Judgment, Adjudication 287
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.07
Excerpt: ...s Pizza. On March 10, 2018, Daniel and Rafael were working at Defendant's store location in La Puente when Rafael came up behind Daniel and stabbed Daniel with a knife. Daniel denied shortly afterwards while Rafael was arrested and subsequently convicted of first- degree murder. On January 10, 2020, Daniel's parents, Linda Sanchez and Francisco Sanchez (collectively, Plaintiffs), filed a complaint, individually as successors-in-interest, against ...
2022.12.06 Motion to Quash Subpoenas for Employment Records 748
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.06
Excerpt: ... Attorney of Record Respondent: Defendant City of El Monte TENTATIVE RULING Plaintiff Alicia Moreno/Santander's Motion to Quash Defendants' Subpoenas for Plaintiff's Employment Records is GRANTED IN PART, DENIED IN PART. Plaintiff's request for sanctions is DENIED. Plaintiff Luis Martinez Moreno's Motion to Quash Defendants' Subpoenas for Plaintiff's Employment Records is GRANTED IN PART, DENIED IN PART. Plaintiff's request for sanctions is DENIE...
2022.12.06 Motion to Enforce Forum Selection Clause 376
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.06
Excerpt: ...er 2018, Plaintiffs Sihui City Yongjia Concrete Co., Ltd. (Yongjia Concrete) and Yiwen Lin (Lin) entered into a “Stock Purchase Agreement and Plan of Reorganization” with Defendants Uhome Solar Technology Inc. (Uhome) and Uhome CFO Shuai Deng (Deng). Under the agreement, Uhome agreed to sell 51% of its shares to Yongjia Concrete at a price of $400,000. The parties signed a second Put/Call Agreement in September 2021. The Plaintiffs then claim...
2022.12.05 Demurrer to SAC 953
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.05
Excerpt: ...to amend as to the fifth cause of action. BACKGROUND This is an employment discrimination action. Beginning in March 2015, Plaintiff Patricia Kears worked as a senior human resource analyst for Defendant Tri-City Mental Health Authority (Tri-City). In January 2018, Tri-City hired Defendant Warkitha Torregano (Torregano) as a human resources manager, with supervisory responsibilities over Plaintiff. On March 15, 2018, Plaintiff alleges Torregano i...
2022.12.02 Application for Default Judgment 385
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.02
Excerpt: ...su, also known as Yilin Hsu Lee, who claimed to be a financial advisor. Sometime prior to April 2018, Plaintiffs were informed that Defendant was under investigation by the FBI for investment fraud. After Defendant was arrested, Plaintiffs learned Defendant did not investment their money in mutual funds and instead used the funds to purchase properties in Diamond Bar and Irvine. Plaintiffs then loaned $450,000 to Defendant for Defendant's legal e...
2022.12.01 Motion to Compel Individual Arbitration and Dismiss or Stay Proceedings 640
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.01
Excerpt: ...vision WC Toy Auto, LLC; Envision WC AU Auto, LLC; Envision WC CDJR Auto, LLC; Envision NWK Toy Auto, LLC; Envision Escondido Auto, LLC; and Envision CE LRJ Auto, LLC's Motion to Compel Individual Arbitration and Dismiss or Stay Proceedings is DENIED. BACKGROUND This is a wage and hour action brought under Private Attorneys General Act (PAGA). Envision WC MB Auto, LLC; Envision Motors Holdings, LLC; Envision WC Toy Auto, LLC; Envision WC AU Auto,...
2022.12.01 Motion to Compel Arbitration, Strike PAGA Representative Claims, or Stay Proceedings 552
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.01
Excerpt: ...s Pending the Outcome of Viking River is DENIED. BACKGROUND This is a wage and hour action brought under Private Attorneys General Act (PAGA). West Covina Nissan and West Covina Motor Group, LLC (collectively, Defendants) employed Plaintiff Malik Crawford as an hourly non-exempt employee. On July 6, 2021, Plaintiff filed a complaint individually and on behalf of other aggrieved employees against Defendant and Does 1 through 100, alleging violatio...
2022.12.01 Demurrer to FAC 723
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.01
Excerpt: ...er in Covina. On February 19, 2017, Defendant Lynda Doi Fick's son came to Defendant's home and shot Defendant, Nicole Biewener (Biewener), and Donovan Joseph Ramirez (Ramirez) with a gun owned by Defendant. Defendant and Biewener died from their injuries while Ramirez was critically injured. Defendant's son had prior felony convictions and was involved in a previous incident in December 2016 where Defendant's son unlawfully discharged a firearm....
2022.12.01 Demurrer 813
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.01
Excerpt: ...D This is a wrongful death action arising from the tragic drowning of a child. In 2018, Plaintiffs Hugo Rivero and Rubidelma Merida Damian (collectively, Buyers) purchased a house in Baldwin Park with a pool for their family, including Plaintiff Diana Rubi Gamboa (Diana) and Plaintiff Hugo Rivero, Jr. (Hugo Jr.), a 35-month-old toddler. Buyers were represented by Defendants JMA Legacy, Inc., Luis Eduardo Fajardo, and Sergio Omar Becerra (collecti...
2022.12.01 Application for Default Judgment 631
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.12.01
Excerpt: ... of $400 and was eligible for reduced payments of $300 per month if balance was $20,000 and $150 per month if balance was $10,000. Defendant also used a seafood restaurant in Rialto as collateral. Between April 2016 and August 2020, Plaintiff claims Defendant only paid $800. On September 29, 2020, Plaintiff filed a verified complaint against Defendant and Does 1-5, alleging the following causes of action: (1) breach of contract, (2) fraud, (3) em...
2022.11.30 Motion for Approval of PAGA Settlement Agreement, Attorney Fees 149
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.11.30
Excerpt: ...rom $10,000 to $5,000. BACKGROUND This is a wage and hour action. Plaintiff Matthew Cordova worked for Jakks Pacific, Inc. and Workforce Enterprises, Inc. (collectively, Defendants) from May 2015 to December 2020. On February 15, 2022, Plaintiff filed a PAGA complaint Defendants and Does 1-100, alleging (1) failure to pay minimum and overtime wages, (2) failure to provide paid sick leave, (3) failure to provide meal periods and rest breaks, (4) f...
2022.11.30 Demurrer 731
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.11.30
Excerpt: ...t ten (10) court days before the next scheduled hearing, on or before January 9, 2023. BACKGROUND This is a disability rights action. Plaintiff Gabriela Cabrera is wheelchair-bound individual and disability rights advocate. Be Liquor Inc. (Defendant) owns and operates a liquor store in Pomona on property owned by the David and Shirlee Roberts Family Trust U/D/T Dated January 3, 1992 (Roberts Family Trust). David B. Roberts and Shirlee M. Roberts ...
2022.11.29 Motion for Leave to File Answer and Set Aside Default 459
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.11.29
Excerpt: ...dants' motion, is deemed filed as of this date. BACKGROUND This case arises from breach of habitability claim. Plaintiffs Carmelita Gomez, Karen Gomez, Rayleen Zamarron, Alfredo Zamarron, Stephanie Holguin, John Leyva and Jennifer Leyva (collectively, Plaintiffs) are tenants at a residence in Pomona owned by Defendants Maz Management LLC and Paritosh Mazumder (collectively, Defendants). Plaintiffs allege that the residence suffers from numerous h...
2022.11.29 Motion for Leave to Amend Master Complaint 591
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.11.29
Excerpt: ...buse of high school students by school staff. Defendant Daniel Rios (Rios) was a track coach and substitute teacher employed by Defendant El Monte Union High School District (EMUHSD) at Arroyo High School. Defendant Angelita Gonzales Hernandez (Gonzales) was employed by EMUHSD as the principal of Arroyo High School. Plaintiffs Jane C.A. Doe, Jane D.B. Doe, Jane E.M. Doe, Jane G.A. Doe, and Jane M.V. Doe (collectively, Plaintiffs) were minor stude...
2022.11.28 Demurrer, Motion to Strike 775
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.11.28
Excerpt: ...aint is SUSTAINED with 20 days' leave to amend. Defendant Pomona Valley Hospital Medical Center's Motion to Strike Portions of Plaintiffs' First Amended Complaint is deemed MOOT. BACKGROUND This is a personal injury action arising from an automobile accident and subsequent medical treatment. On May 6, 2021, Simau Fealofi (Simau) was involved in an automobile collision with Danny Rodriguez Gonzales (Rodriguez). Following the accident, Simau was ad...
2022.11.23 Motion to Compel Arbitration 658
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.11.23
Excerpt: ...), 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 causes of action: (1) breach of covenant of governing documents; (2) declaratory relief; and (3) abat...
2022.11.22 Motion to Quash Service of Summons 542
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.11.22
Excerpt: ...(collectively, Defendants) in which Prince RH agreed to lease commercial property in Rowland Heights to Defendants in exchange for monthly rent. In January 2020, Defendants stopped making payments under the lease. Prince RH assigned and transferred its right, title, and interest in the lease to Plaintiff National Commercial Recovery, Inc. On June 7, 2022, Plaintiff filed a complaint against Defendants, Jae Rhim (Rhim), Didim Food USA, Inc. (Didim...
2022.11.21 Demurrer, Motion to Strike 579
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.11.21
Excerpt: ...mplaint is SUSTAINED with 20 days' leave given to amend. Cross‐Defendant Grace Zhang's Motion to Strike Portions of Cross‐Complainant Randy Zhao's First Amended Cross‐Complaint is deemed MOOT. BACKGROUND This action arises from business disputes between partners in a real estate brokerage. In 2018, Plaintiff/Cross-Defendant Grace Zhang (Zhang) and Defendant/Cross-Complainant Randy Zhao (Zhao) formed Universal Realty, Inc. (Universal) with 5...
2022.11.21 Motion to Quash Service of Summons 155
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.11.21
Excerpt: ...nrex). On February 26, 2021, Plaintiff filed a complaint for breach of contract against American Sunrex Corp. (American Sunrex) and Does 1 through 25, alleging defendants failed to provide an accounting of licensed products sold and to make full royalty payments. On March 3, 2021, Plaintiff added Sunrex to the complaint as Doe 1. Plaintiff has since amended the complaint three times, with the most recent Third Amended Complaint (TAC) being filed ...
2022.11.18 Motion to Set Aside Dismissal, Enter Judgment 360
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.11.18
Excerpt: ...onditional Stipulated Settlement Agreement is GRANTED. Judgment is entered against Defendants Victoria M. Velasquez and Richard S. Velasquez in the amount of $93,475.59. Plaintiff ordered to give notice. BACKGROUND This is a collections action. Defendants Victoria M. Velasquez and Richard S. Velasquez owe Plaintiff National Collegiate Student Loan Trust 2007-3 debt in five cases that were consolidated into the present action. Plaintiff filed a co...
2022.11.17 Motion for Terminating Sanctions 777
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.11.17
Excerpt: ...al is GRANTED. Defendant's General Denial to Plaintiff's Complaint is HEREBY STRICKEN. BACKGROUND This action arises from an agreement to purchase N95 face masks. On August 2, 2020, Plaintiff Yamadatoshi and Co., Ltd. agreed to purchase one million 3M N95 masks from K2 Investment Group (K2 Investment) and deposited $2,860,000 into escrow with JD Escrow, Inc. (JD Escrow). Although K2 Investment never provided Plaintiff with the product, JD Escrow ...
2022.11.17 Application for Default Judgment 337
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.11.17
Excerpt: ... businessman with interests in the United States and China. Plaintiff's parents in China offered to provide Plaintiff the money for a house but Chinese law prohibited transfers of more than $50,000 a year to foreign countries. During a meeting with Defendant in June 2017, Plaintiff mentioned an interest in purchasing a house and Defendant claimed to operate a state- licensed international money transfer business that could work around the Chinese...
2022.11.16 Motion to Compel Responses, to Deem Truth of Matters in RFAs 742
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.11.16
Excerpt: ...OSITION (Plaintiff Martha Buckley) Defendant Kent Edward Buckley's MOTION TO DEEM THE TRUTH OF MATTERS SPECIFIED IN REQUESTS FOR ADMISSIONS, SET TWO, ADMITTED Respondent: NO OPPOSITION (Plaintiff Martha Buckley) TENTATIVE RULING Defendant Kent Edward Buckley's motion to compel responses to requests for production, set one, is GRANTED. Plaintiff is ordered to provide verified responses, without objections, within ten (10) days, or on or before clo...
2022.11.15 Motion to Set Aside Default, Judgment 289
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.11.15
Excerpt: ... Chen Zhang signed a two-year lease agreement with Plaintiff Qing Li for a residential property in Irvine. Defendant agreed to pay $4,700 per month for the first year and $4,800 per month for the second year along with a $9,400 security deposit. On January 20, 2022, Plaintiff discovered Defendant was using the residence for a marijuana growing operation and demanded the Defendant return the residence to its original condition and move out. While ...
2022.11.14 Application for Default Judgment 120
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.11.14
Excerpt: ...ue, and (2) Plaintiff failed to adequately plead a cause of action against Beyace or Wang. BACKGROUND In this contractual fraud action, China National Materials Industry Import and Export Corporation (Plaintiff), doing business as the Sinoma Group, entered into a series of contracts with Extra Shunmei, Inc. (ESI) in which ESI agreed to purchase and ship 28 new luxury vehicles to Plaintiff in China for a price of $4,452,570. However, Plaintiff all...
2022.11.10 Application for Default Judgment 638
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.11.10
Excerpt: ...Traders, LLC (Ash USA Traders) and Ashraf Bawa (Bawa) in which Plaintiff agreed to purchase 3,600,000 gloves from Defendants for a price of $270,000. After Plaintiff paid a deposit of $67,500, it received a bill of lading that it alleged was fraudulent. Ultimately, Plaintiff alleges Defendants never provided the gloves and refused to return its deposit. On September 30, 2020, Plaintiff filed a complaint against Defendants and Does 1-20, alleging ...
2022.10.27 Motion to Compel Further Responses 326
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.10.27
Excerpt: ...f's First Set of Requests for Admissions Nos. 9, 10, 17, 19, 20, 25, 27, 28, 30, and 31, a further response is required. Defendant American Power Enterprises, LLC is hereby ordered to serve further verified responses to these numbered requests for admissions without objection within 14 days of issuance of this order. Plaintiff Jose R. Pilpa's Motion to Compel Further Responses to Plaintiff's First Set of Form Interrogatories is GRANTED. Defendant...
2022.10.27 Motion for Preliminary Injunction 043
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.10.27
Excerpt: ... in a shopping center. The Complaint, filed January 19, 2021, asserts causes of action for: 1. Breach of Lease 2. Breach of Written Guaranty of Lease On September 14, 2022, Plaintiff filed an ex parte application for issuance of writ of attachment and a temporary protective order against Defendant with regards to two of Defendant's properties in Fontana. On September 19, 2022, the court granted Plaintiff's writ of attachment but issued a temporar...
2022.10.26 Application for Default Judgment 638
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.10.26
Excerpt: ...000 gloves from Defendants for a price of $270,000. After Plaintiff paid a deposit of $67,500, it received a bill of lading that it alleged was fraudulent. Ultimately, Plaintiff alleges Defendants never provided the gloves and refused to return its deposit. On September 30, 2020, Plaintiff filed a complaint against Defendants and Does 1‐20, alleging the following causes of action: 1. Breach of Contract 2. Unfair Business Act 3. Fraud 4. Intenti...
2022.10.26 Motion to Further Responses 313
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.10.26
Excerpt: ...iff's Requests for Admission is construed as a Motion to Deem the Truth of the Matters in the Requests for Admission Admitted and GRANTED. Plaintiff Isabel M. Coats's Motion to Compel Further Responses to Plaintiff's Form Interrogatory No. 17.1 and Special Interrogatory No. 3 is construed as a Motion to Compel and is GRANTED. Defendant Gregory Ward is ordered to serve verified responses to Plaintiff's Form Interrogatory No. 17.1 and Special Inter...
2022.10.26 Motion for Protective Order 593
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.10.26
Excerpt: ...o comply with meet and confer requirements. Plaintiffs Noe Villanueva and Lorena Villanueva's motion to compel compliance with the court's February 17, 2022 discovery order is DEEMED MOOT. The court awards sanctions to the Plaintiffs in the amount of $261.65, payable within 30 days of notice of this order. BACKGROUND In this breach of warranty action, Plaintiffs Noe Villanueva and Lorena Villanueva purchased a 2016 Chevrolet Camaro manufactured a...
2022.10.24 Motion for Leave to File FAC 136
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.10.24
Excerpt: ...n February 18, 2020, Plaintiff filed a complaint against Defendant and Does 1 through 20 inclusive, alleging the following causes of action: 1. Breach of Fiduciary Duty 2. Fraud On September 21, 2022, Plaintiff filed a motion for leave to file a First Amended Complaint that added a cause of action for conversion and added Defendant's wife, Sharon Ye (a.k.a. Mei Ye), as a defendant. FSC is set for January 24, 2023, and trial is set for February 14...
2022.10.24 Demurrer to SAC 201
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.10.24
Excerpt: ...Ramon, Ashley Smith, Matthew Solorzano, Kerry Stavert-Wooten, Brittney Strand, Marysol Thomas and Sean Van Gundy Tentative Ruling Defendant Hacienda La Puente Unified School District's Demurrer to Plaintiffs' Second Amended Complaint is OVERRULED IN PART, SUSTAINED IN PART, with 20 days' leave to amend. Background Plaintiffs Thuy Monge, Jamie Aakhus, Alice Acevedo, Ida Aguayo, Jose Araiza, Marisol Arevalo, Diana Ayala, Maechelle Brown, Noemi Cova...
2022.10.20 Application for Default Judgment 836
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.10.20
Excerpt: ...aintiff disagreed with and started using HYLVL's money to support his other side business. Defendant also refused to provide Plaintiff business records. On October 12, 2021, Plaintiff filed a Derivative and Direct Complaint for himself and on the behalf of HYLVL against the Defendant, HYLVL, and Does 1‐10, alleging the following causes of action: 1. Breach of Contract 2. Common Count: Money had and received 3. Dissolution of HYLVL LLC 4. Breach...
2022.10.19 Application for Default Judgment 459
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.10.19
Excerpt: ...Property”). Plaintiffs allege that the Subject Property suffers from numerous habitability issues, including rat and roach infestation, severe water leaks and mold, and crumbling walls, and that Defendants have failed to maintain the Subject Property. On April 25, 2019, Plaintiffs filed suit against Defendants Maz Management LLC, Paritosh Mazumder, and Does 1 through 20 for: 1. Negligence, 2. Nuisance, 3. Breach of Lease, and 4. Breach of Impli...
2022.10.18 Motion to Compel Responses 880
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.10.18
Excerpt: ...tees of the Gutentag Revocable Trust, Dated June 4, 2019; and CDG Investments, LLC. TENTATIVE RULING The motion of Plaintiffs Tony To Chong Loo, Cui Ping Loo, and Danny Weising Loos to compel responses and further responses to special interrogatories, set one, is DENIED IN PART as to special interrogatories numbered 1 through 11 but GRANTED in part as to interrogatories numbered 12 through 16. Sanctions awarded for the Plaintiffs in the amount of...
2022.10.12 Petition for Relief from Claim Statute 302
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.10.12
Excerpt: ... La Puente, which denied her claim in a letter dated September 29, 2021. The City of La Puente advised Petitioner that denial of her claim was based on the fact that the incident did not occur in the City of La Puente. Pursuant to Government Code section 945.6, subd. (a), the City of La Puente advised Petitioner that she had six (6) months from the date of the mailing of the denial to file a court action on her claim. On March 31, 2022, Petitione...
2022.10.12 Demurrer 702
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.10.12
Excerpt: ...roperty to the trust, while retaining the right to possess, profit from, and manage the trust property until his death. Luis Elias leased the trust property to Peter Elias (Defendant), who collected rent from the property's tenants. After Luis Elias died, Defendant continued to collect rent on the trust property. On March 30, 2022, Plaintiffs filed a Second Amended Complaint (SAC), asserting causes of action against Defendant, Jenny Milner, Mario...
2022.10.11 Motion to Compel Responses, to Deem Truth of Matters Specified in RFAs 742
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.10.11
Excerpt: ...SITION (Plaintiff Martha Buckley) Defendant Kent Edward Buckley's MOTION TO DEEM THE TRUTH OF MATTERS SPECIFIED IN REQUESTS FOR ADMISSIONS, SET TWO, ADMITTED Respondent: NO OPPOSITION (Plaintiff Martha Buckley) I TENTATIVE RULING 1. Defendant Kent Edward Buckley's motion to compel responses to requests for production, set one, is GRANTED. Sanctions are awarded in the reasonable amount of $311.65, payable within 30 days. 2. Defendant Kent Edward B...
2022.10.11 Motion for Leave to File TAC 095
Location: Los Angeles
Judge: Sirna, Salvatore
Hearing Date: 2022.10.11
Excerpt: ...or: 1. Failure to maintain confidential personnel information pursuant to Penal Code section 832.7 2. Violation of Labor Code section 1102.5 3. Intentional Infliction of Emotional Distress 4. Negligent Infliction of Emotional Distress 5. Termination in Violation of Public Policy On May 7, 2019, Plaintiff filed a First Amended Complaint, replacing the first cause of action with “invasion of privacy” and asserting a sixth cause of action for vi...

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