Excerpt: ... to Plaintiffs' Seventh Amended Complaint Respondent: Plaintiffs Estate of Hugo Rivero, Jr. by and through its successors in interest, Hugo Rivero and Rubidelma Merida Damian; Hugo Rivero; Rubidelma Merida Damian; and Diana Rubi Gamboa TENTATIVE RULING Defendants Pac W. Dong; Clement Ziroli; Clement Ziroli, Jr.; Homeowners Equity Corporation; and Fin‐West Group's Demurrer to Plaintiffs' Complaint is SUSTAINED IN PART without leave to amend and ...

Excerpt: ...ND 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 failing to make payments pursuant to the agreement, starting September 16, 2021, and currently owes $4...

Excerpt: ...as a Vice President/Business Banking Relationship Manager. According to the job offer letter, Defendant promised to pay Plaintiff $90,000 annually plus commission. From August 2019 to February 2022, Plaintiff serviced an estimated $64,975,500 in loans. However, despite complaints from Plaintiff to Plaintiff's direct supervisor, the CFO, Defendant allegedly never paid any commission to Plaintiff. Plaintiff also alleges Defendant fraudulently chang...

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 ...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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 ...

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...

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...

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 ...

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...

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...

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....

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...

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 ...

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...

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...

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...

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 (...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...