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...