Excerpt: ...a.m. Dept.: P I. INTRODUCTION This is a slip and fall case. Plaintiff Enna Bertulia Gomez alleges that while she was on the premises of the Costco store located on Commonwealth in Alhambra, she slipped and fell as a result of a dangerous condition. Specially appearing Defendant Daniel Herrera moves to quash service of the summons and complaint on him, arguing defective service. Herrera was served by substituted service at the Costco store in Alha...

Excerpt: ...ime: 8:30 a.m. Dept.: P I. INTRODUCTION This action concerns an alleged easement across real property owned by Defendants that Plaintiff allegedly needs to access real property it owns. The operative First Amended Complaint alleges claims for breach of contract, trespass, nuisance, and related causes of action. Before the Court is Defendants' motion to strike the allegations and prayer for punitive damages and attorney fees. As the pleading does ...

Excerpt: ...T AND OVERRULING IN PART BLACKLEY'S DEMURRER TO THE FIRST AMENDED COMPLAINT; AND GRANTING IN PART AND DENYING IN PART HIS MOTION TO STRIKE Date: August 29, 2023 Time: 8:30 a.m. Dept.: P I. INTRODUCTION Plaintiff Catherine V. Burnham and Defendant Jonathan L. Blackley were involved in a long-term romantic relationship and had a child together. Maximilian Blackley was born in 2002. This lawsuit stems from the termination of their relationship. Spec...

Excerpt: ...) allege that they entered into a warranty agreement with Defendant America Honda Motor Co., Inc. (Honda) in 2017 regarding a 2018 Honda Odessey, which was manufactured and distributed by Honda. The Wongs allege that “defects and nonconformities to warranty manifested themselves within the applicable express warranty period,” including infotainment defects, transmission defects, and other issues. The Wongs sue for violation of the Song-Beverl...

Excerpt: ...ROSS- COMPLAINT WITH LEAVE TO AMEND Date: August 22, 2023 Time: 8:30 a.m. Dept.: P I. INTRODUCTION In this action, Plaintiff Pinnacle Real Estate Group alleges it entered into a commission agreement with Defendant Liping Huang for the sale of real property owned by her in Monrovia. The agreement was for a fixed commission, payable to Pinnacle in the amount of $316,350. Pinnacle alleges it performed its part of the agreement; but that Huang failed...

Excerpt: ... NEGLIGENT REPAIR CAUSE OF ACTION WITHOUT LEAVE TO AMEND Date: August 15, 2023 Time: 8:30 a.m. Dept.: P I. INTRODUCTION Plaintiff Jesus Morales alleges three claims for violation of the Song-Beverly Act against Defendant Ford Motor Company (Ford). He also alleges a cause of action for negligent repair against Defendant LAD-F, Inc., dba Ford of Downtown LA (DTLA Ford). Before the Court is DTLA Ford's demurrer to the negligent repair claim. The dem...

Excerpt: ...RIKE PUNITIVE DAMAGES; WITH LEAVE TO AMEND Date: August 2, 2023, c/f May 31, 2023 Time: 8:30 a.m. Dept.: P I. INTRODUCTION In this lemon law case, Plaintiff Rosa Corral and Alfonso Esquivas have included allegations that Defendant General Motors, LLC (GMC) knew about but failed to disclose a transmission defect in the Chevrolet Silverado they purchased. Based on that fact Plaintiffs allege a 4 th cause of action for fraudulent inducement – conc...

Excerpt: ...N, SET THREE, AS TO ALL DEFENDANTS Date: July 31, 2023 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This is an action by an employee against her former employers to collect unpaid wages. Plaintiff Iris Manuel (Manuel) was formerly employed by Defendants Vardoui Madatian (Vardoui),[1] Robert Madatian (Robert), and their businesses Rose Home Health Agency, Inc. (RHH) and Glendale Home Healthcare, Inc. (GHH). Defendants Vardoui and Robert are jointly re...

Excerpt: ...23 Time: 8:30 a.m. Dept.: P I. INTRODUCTION In this action, Plaintiff Pinnacle Real Estate Group alleges it entered into a commission agreement with Defendant Liping Huang for the sale of real property she owned in the City of Monrovia. The agreement was for a fixed commission, payable to Pinnacle, in the amount of $316,350. Pinnacle alleges it performed its part of the agreement, but that Huang failed to pay the commission as she was convinced b...

Excerpt: ...s. And related cross-action. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 19GDCV01347 [TENTATIVE] ORDER GRANTING PLAINTIFFS' MOTION FOR SANCTIONS AGAINST DEFENDANT PEINAN HU Date: July 25, 2023 Time: 8:30 a.m. Dept.: P ) I. INTRODUCTION Plaintiff J&J Freight Solutions, LLC is a trucking company. It was started by Jie Mei Huang. Huang's husband Qinyi Yu formed Golden J Group, Inc., a sister company, that provides back-up services to J&J...

Excerpt: ... INTRODUCTION In this action, Plaintiff Gary Adamson (Adamson) sues Defendant Nissan North America (NNA) for violation of the Song-Beverly Act. NNA responded with a motion to compel arbitration, which was granted in July 2022. Adamson's subsequent motion for an order appointing an arbitrator was denied. Now before the Court is Adamson's motion to set aside the arbitration order pursuant to Code Civ. Proc. §§1281.97- 1281.99, and for sanctions. ...

Excerpt: ...TRODUCTION The complaint and cross-complaint in this action concern the sale of a business. Craig and Jeanne Reiber owned and operated Crescenta Valley Tile Distributor, Inc. for 30 years. In 2021, they began to look for someone to sell the business to so they could retire. Raymond Clark, after conducting due diligence, purchased the business. In the main action Clark alleges fraud claims against the Reibers. He alleges that they misrepresented t...

Excerpt: ...OTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT TO PERMIT DISCOVERY Date: July 12, 2023 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This action concerns the death of pedestrian Denise Eginton (Decedent), who died while crossing the street at the intersection of Myrtle Avenue and Foothill Boulevard in the City of Monrovia. Decedent was struck by a vehicle owned by Doris Ludwig and driven by Stephen Grollnek. Plaintiffs are the husband and adult chil...

Excerpt: ...RRER TO CROSS-COMPLAINT Date: July 12, 2023 Time: 8:30 a.m. Dept.: P I. INTRODUCTION AND PROCEDURAL HISTORY This consolidated action stems from a prior unlawful detainer action. Diana Pitinyan (Pitinyan) as landlord entered into a rental agreement with Arthur Msrian and Sunny Days Senior Living (jointly, Msrian) for the lease of real property located at 75 Denny Avenue in Sun Valley. There are two houses on the real property. The month-to- month ...

Excerpt: ... detainer action concerns a commercial lease for real property located at 9453-9455 Las Tunas Drive in Temple City. In November 2006, Defendant Benjamin Lin, dba Remax Realtors (Lin) signed a lease with a term of three years and three months, or through March 1, 2010. In December 2010, the parties agreed to an extension of the lease through December 31, 2016, with the right for one 5-year extension. Plaintiff Concord Property Management, Inc. (Co...

Excerpt: ...e: June 26, 2023 Time: 8:30 a.m. Dept.: P I. INTRODUCTION Plaintiff Pedro Hernandez Garcia sues General Motors LLC under the Song-Beverly Act. The allegations concern Garcia's purchase of a 2019 Chevrolet Silverado. Garcia alleges that the vehicle is equipped with a transmission (GM Hydra-Matic 8L90 or GM Hydra-Matic 8L45) that is defective. It is alleged that GM marketed and sold these 8-cylinder transmissions as having “world-class performanc...

Excerpt: ...t.: P I. INTRODUCTION This lawsuit concerns allegations about concerted efforts to defame an attorney and damage his business. Plaintiff Dennis P. Block, individually and dba Dennis P. Block & Associates (Block) alleges he is a preeminent lawyer who represents landlords in unlawful detainer and other landlord-tenant disputes. Plaintiff Hasti Rahsepar (Rahsepar) is an attorney who works for Block. Defendant Basta, Inc. (Basta) and its founder and ...

Excerpt: ...AUSES OF ACTION; AND GRANTING IN PART AND DENYING IN PART THEIR MOTION TO STRIKE Date: June 12, 2023 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This is a lawsuit by a tenant against his landlords. The lawsuit alleges uninhabitable living conditions, including a heavy bedbug infestation. In addition to alleging habitability and contract claims, Martin Tokich (Plaintiff) alleges causes of action for intentional infliction of emotional distress (IIED)...

Excerpt: ...r collection on a promissory note secured by an interest in a vehicle. Defendant Orejel Transport, LLC (Transport), through Omar Ruiz Orejel (Orejel), signed a promissory note in favor of Plaintiff Productive Finance, LLC (Productive) in the amount of $62,351.64. The note requires Transport to make monthly payments. Transport also signed a security agreement giving Productive a security interest in a tractor trailer. Orejel guaranteed the note. I...

Excerpt: ... 8:30 a.m. Dept.: P I. INTRODUCTION In this action, Plaintiff Pinnacle Real Estate Group alleges it entered into a commission agreement with Defendant Liping Huang for the sale real property owned by her in Monrovia. The agreement was for a fixed commission to Pinnacle in the amount of $316,350. Pinnacle alleges it performed its part of the agreement, but that Huang failed to pay the commission because she was allegedly convinced by Defendants Ja...

Excerpt: ...TS' DEMURRER TO PLAINTIFFS' FIRST AMENDED COMPLAINT Date: June 7, 2023 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This action alleges civil rights and breach of contract claims stemming from the lease of a vehicle from Defendant California Auto Resources Service, Inc. (CARS). Plaintiff Boxiang Liu (Liu) alleges he arranged for the lease of a vehicle, to be used during a planned three month stay in California with his pregnant wife. Liu alleges that...

Excerpt: ...ORANDUM OF COSTS Date: June 2, 2023 Time: 8:30 a.m. Dept: P This action stems from a failed residential purchase agreement. Michael Sahakian and Mari Sahakian (the Sahakians) entered into an agreement with Elena Shakhpazyan and Haik Davtian (Shakhpazyan and Davtian) for the purchase of a condominium in Glendale, California. The transaction included an interim occupancy agreement According to the agreement, the Sahakians would pay $30,000 earnest ...

Excerpt: ...Opdyke alleges that he was transferred from Huntington Hospital to Mission Care Center with a diagnosis of multiple medical conditions. These conditions prevented him from being able to care for himself. Opdyke alleges that while he was in the care of Mission Care Center he was subjected to neglect resulting in the development of a Stage IV pressure ulcer. He alleges claims for elder abuse and violation of patient's bills of rights. His wife Lynn...

Excerpt: ... sues Defendant General Motors, LLC (GM) for violations of the Song-Beverly Consumer Warranty Act, Civ. Code SSI 792 et seq. The litigation concerns Powell's purchase of a 2019 Cadillac XTS. Specifically, Powell alleges defects with the vehicle's battery' and engine. Complaint, Y14. On March 2, 2023, this Court heard, and in a 17-page order, granted Powell's motion for an order compelling GM to provide further responses to certain of his Requests...

Excerpt: ...INTRODUCTION In this action, Plaintiff Huntington Drive Health and Rehabilitation, a skilled nursing facility, sues for money owed on a contract pursuant to which it provided services to Defendant David Lemus (now deceased). David's daughter Paula Lemus is sued in her role as "Patient Representative," and "Medi-Cal agent," pursuant to which It is alleged that she is obligated to reimburse Plaintiff for that portion of David Lemus's care covered b...

Excerpt: ...on by a visually impaired person who requires screen- reading software in order to access the internet. Plaintiff Perla Mageno alleges that Defendant Pixi, Inc. offers its products on a publicly available website that is not fully accessible to legally blind persons such as herself. Pixi served an inspection demand of the computer Mageno used to access its website. In a prior motion, Pixi's motion to compel a further response to that inspection d...

Excerpt: ... AND DEFENDANT'S MOTION FOR PROTECTIVE ORDER Date: May 24, 2023 Time: 8:30 a.m. Dept: P This litigation concerns the death of Barbara Bereny (Decedent) during the time she was a resident at a Residential Care Facility for the Elderly (RCFE). Decedent was a resident at Sunrise of Studio City, which is owned by Sunrise Senior Living Management, Inc. (SSLMI). Shahin Taghizadeh, Sunrise Studio City's administrator, was named as a defendant but later ...

Excerpt: ... claim for fraudulent concealment. Lauren Meisler (Meisler) alleges that the new 2022 Honda Insight she purchased in December 2021 came equipped with a computerized driver-assistance safety system called "Honda Sensing," which includes a Collision Mitigation Braking System. Meisler alleges that the system was defective. Further, she alleges that American Honda Motor Co., Inc. (American Honda) had exclusive knowledge of the defect and concealed it...

Excerpt: ...icle driven by an employee of the Sheriffs Department collided with her vehicle, causing her physical injury. Plaintiff seeks trial preference based on terminal illness. Because the motion is not accompanied by clear and convincing medical documentation of terminal illness, the motion is denied. The denial is without prejudice, however. 11. LEGAL STANDARD Code Civ. Proc. 536 governs motions for trial preference. Subdivision (a) provides for trial...

Excerpt: ...ES 1 through 50, Defendants. Case No.: 21STCV14689 [TENTATIVE] ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANT THE FA BARTLETT TREE EXPERT COMPANY Date: May 19, 2023 Time: 8:30 a.m. Dept: P INTRODUCTION This lawsuit stems from a dispute between neighbors owning adjacent properties in Sierra Madre. Plaintiff Cesar Romero (Romero) owns and resides in one of the properties. Defendants Andrew Van Horn and Kristine Chase live in the other; the p...

Excerpt: ...ept: P This is an action for injuries sustained in a trip and fall alleged to have been caused by a non-trivial, uneven/raised portion of a public sidewalk in the City of South Pasadena. The incident occurred on a sidewalk abutting property owned by Mercury Overseas. Before the Court are a demurrer and motion to strike filed by the City. The demurrer to the 1st cause of action is overruled. The demurrers to the 2nd and 3rd are sustained. The moti...

Excerpt: ...ion concerns the relationships between the parties as to the rights to a certain film known as Timecop and its sequels. Intermedia Film Distribution, Ltd. (Intermedia) alleges in its operative Second Amended Complaint that NBC Universal Media, LLC (Universal) wrongly obtained certain rights that it had to the film. Those rights were purportedly sold by LEI Development Projects, Inc. and its principal Christopher Taylor to Universal. It is Interme...

Excerpt: ...s alleged to have experienced with the vehicle. The pleading alleges that the vehicle is equipped with a defective driver-assistance safety system. The Honda Sensing system, also called Collision Mitigation Braking System (CMBS), includes radar, cameras, and a computer system. The purpose of the CMBS is to avoid front- end collisions by detecting and computing things like vehicle speed and objects in the road. Meraz alleges that the CBMS is capab...

Excerpt: ...al Fair Debt Collection Practices Act, California Consumer Credit Reporting Agencies Act, and Unfair Competition laws. The gist of the action is that Plaintiff Habinek contacted Defendant Charter to have internet service delivered to her home; that Charter was not able to get an internet connection for her despite sending three technicians; but Charter nevertheless billed her $198.39. Habinek further alleges that Charter sent the debt to collecti...

Excerpt: ...datory injunctive relief. Remedies for a civil rights violation are set forth in Civ. Code 552 and include in "A request for preventative relief, including an application for permanent or temporary injunction, restraining order, or other order against the person or persons responsible for the conduct, as the complainant deems necessary to ensure the full enjoyment of the rights described in this section." A violation of the Americans with Disabil...

Excerpt: ...s in the City of San Gabriel. Plaintiff Max Investments, LLC (Max) is the landlord, and Defendant Fan Xu (Xu) the tenant Before the Court is a motion by Max to have matters deemed admitted. Because Xu served substantially compliant responses prior to the hearing, the motion is denied. 11. LEGAL STANDARD Code Civ. Proc. 2033.280(a) provides that when a party fails to timely respond to requests for admission, the party waives any objections to them...

Excerpt: ...ing she overpaid taxes for tax years 2015, 2016, and 2018. She seeks a refund of the amounts she has overpaid. The undisputed evidence establishes that Polk owes money for each of those tax years. The law requires a taxpayer pay any disputed tax amount as a prerequisite to litigating it. As Polk has not done this, the FTB is entitled to judgment as a matter of law. 11. LEGAL STANDARD A. The Law Governing Summary Judgment Summary judgment is appro...

Excerpt: ...oncern the sale ofa business. Craig and Jeanne Reiber owned and operated Crescenta Valley Tile Distributor, Inc. for 30 years. In 2021, the Reibers began to look for someone to sell the business to so they could retire. Raymond Clark, after conducting due diligence, purchased the business. In the main action Clark alleges fraud claims against the Reibers. He alleges that they misrepresented that the financials had been prepared in accordance with...

Excerpt: ... a.m. Dept: P This litigation concerns a commercial lease. Plaintiffs Diamond Dreams Production, Inc. (DDI) and Simin Hashemizadeh were tenants of Defendants Raffi Paichuk and Silva Baghdasarian. The lease was for five years. In December 2019, near the end of the term, there were discussions between Hashemizadeh and Defendants which resulted in the parties agreeing to renew for a second five-year term. Shortly after renewal of the lease the Covid...

Excerpt: ...RER TO NEGLIGENCE AND FRAUD CAUSES OF ACTION AND TAKING MOTION TO STRIKE OFF CALENDAR Date: April 21, 2023 Time: 8:30 a.m. Dept.: P I. INTRODUCTION The Blank Family Trust owns two small apartment buildings in Glendale. They are referred to here as the Geneva Property and the Fischer Property. In March 2021, it's then-trustee Murray Blank entered into construction contracts for repairs to both. The contracts attached to the pleading provide for $1...

Excerpt: ...ODUCTION AND SUMMARY OF PLEADING In this action Plaintiff Ariel Gonzalez sues Maria and Jason Reveles for breach of contract, unjust enrichment, and conversion. Gonzalez alleges three separate agreements with Defendants. Gonzalez alleges first that Defendants needed “working capital” to purchase products from a distributor that they had already sold to a customer. She alleges that Defendants agreed, “for Plaintiff to pay for the uniforms an...

Excerpt: ...ime: 8:30 a.m. Dept.: P I. INTRODUCTION This is a lemon law case. Plaintiff Manuel Plata purchased a 2019 Nissan Sentra in February 2019. He alleges that he experienced problems with the vehicle that include the electrical system, brakes, and transmission. Plata took the vehicle to an authorized repair facility, who was allegedly unable to conform the vehicle to warranty standards. In this action Plata sues the manufacturer, Defendant Nissan of N...

Excerpt: ...0545 [TENTATIVE] ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION FOR SUMMARY JUDGMENT Date: April 7, 2023 Time: 8:30 a.m. Dept: P INTRODUCTION In this action, Plaintiff Tori Lynn Pollock (Tori) sues her sister, her sister's daughter, and her sister's husband, for elder abuse. Plaintiff alleges that Defendants exerted undue influence on Cynthia Joan Pollock (Decedent), the mother of Plaintiff and her sister Tamera Ann Agovino (Tamera), while she was i...

Excerpt: ...of San Gabriel. Plaintiff Max Investments, LLC (Max) previously filed a forcible detainer action against Defendant Fan Xu (Xu). Max later dismissed that action and filed this one. Xu argues the current complaint is a sham pleading and bases his demurrer thereon. However, a comparison of the forcible detainer complaint and the present complaint does not support Xu's argument. The demurrer is therefore overruled. 11. LEGAL STANDARD Code Civ. Proc. ...

Excerpt: ...0 a.m. Dept: P This is an Unruh action. The facts concern the lease of a vehicle by Plaintiffs. They allege that California Auto Resources Service, Inc.'s employee Andy Yan made comments to Plaintiff Boxiang Liu reflecting animus based on his gender identity and gender expression, and that Yan made physical threats to Plaintiff Chengguang wu. Before the Court is a motion for protective order. Plaintiffs seek an order that they need not respond to...

Excerpt: ... action by an employee against her former employers to collect unpaid wages. Plaintiff Iris Manuel was formerly employed by Defendants Vardoui Madatian, Robert Madatian, and their businesses Rose Home Health Agency, Inc. and Glendale Home Healthcare, Inc. Manuel alleges she was employed from November 2011 to March 2012, the last month of which she was on vacation. When she returned from vacation, she was told her services were no longer needed. M...

Excerpt: ...e: March 30, 2023 Time: 8:30 a.m. Dept: P This is a collection action. Defendants Edith Enterprise Ltd. and its owner Helen Young (jointly, Edith or Defendants) operate a business in Monterey Park, California. Edith had a line of credit with Citibank, referred to in the pleading as the "Business Loan." From August 2011 through October 2020, Edith borrowed money on the $50,000 line of credit and made payments. The date of the last payment was Octo...

Excerpt: ... RESPONSES TO INTERROGATORIES AND DEMANDS FOR PRODUCTION FROM PLAINTIFF ANNA BORKOWSKI AND TO DEEM MATTERS ADMITTED Date: March 23, 2023 Time: 8:30 a.m. Dept: P This litigation concerns allegations of a fraudulent financial scheme. Plaintiffs an (Jan) and Anna (Anna) Borkowski allege they are a married couple who immigrated from Romania and that Defendant Paul Barbu (Paul), who immigrated from Romania years earlier than they did, befriended them ...

Excerpt: ...19 Chevrolet Silverado. The pleading alleges defects concerning the tire pressure monitoring system, display system, audio system, engine system, and electrical system. Prior to the transfer of this case, Judge Rosen (Dept. E, Glendale Courthouse) issued an extensive order on Plaintiffs motion to compel further responses to Requests for Production, Set Two. (The July 22, 2022 Order.) Plaintiff now seeks an order compelling compliance with the Jul...

Excerpt: ...o (Barrozo) retained Defendant Vincent W. Davis and the Law Offices of Vincent W. Davis (collectively, Davis) to represent him in a criminal matter. Subsequently, he retained Davis to represent him in a civil action for wrongful arrest. Finally, when that action was lost at summary judgment he retained Davis to represent him in an appeal. In this action, Barrozo sues Davis for negligence in connection with the civil action. Davis has responded by...