Excerpt: ...nts CITY OF MAYWOOD; COUNTY OF LOS ANGELES; and CITY OF LOS ANGELES (collectively “Defendants”) on July 10, 2023. Plaintiff alleges that “[o]n August 13, 2022, Plaintiff was riding his bicycle at or near 5005 District Blvd., and/or near the intersection of District Blvd. and Slauson Ave., Maywood, CA 90270 (‘SUBJECT AREA' and/or ‘INCIDENT') when he suddenly encountered a defective, raised, broken, cracked, dangerous, dilapidated, and un...

Excerpt: ...ry 21, 2019, Plaintiff was invited onto Defendants' property…. [¶] Defendants… negligently installed and/or maintained the floor of the second story of Defendants' building, leaving the fl oor of the second story to be unsecure and too unsafe to walk on, so as to create a hazardous and dangerous condition. [¶] The hazardous and dangerous condition posed by second story floor was known, or in the exercise of ordinary and reasonable care woul...

Excerpt: ...s that American Honda Motor Company (“Defendant” or “Honda”) did not disclose and actively concealed defects involving Honda's Transmission Defect affecting Plaintiff's 2019 Honda Odyssey vehicle. (See e.g., Complaint ¶¶8, 18.) Plaintiff's Complaint asserts the following causes of action: (1) Violation of Song -Beverly Act – Breach of Express Warranty; (2) Fraudulent Inducement -Concealment Defendants generally demur to the fifth and ...

Excerpt: ...mount of $703,484.00. Plaintiff alleges that Defendants failed to make payments from November 24, 2021, to June 2, 2022. Plaintiff attached the invoices to its Complaint. Defendants move to strike Plaintiff's complaint and for monetary sanctions of $2,668.91 under Code of Civil Procedure sections 128.5 and 128.7. Legal Standards Sanctions under Code of Civil Procedure section 128.5 A court may order a party to pay the reasonable expenses, includi...

Excerpt: ...ase arises out of alleged acts of sexual assault that Plaintiff suffered as a child while participating in Explorer Post of the Whittier Police Department. Defendants The City of Whitter and Charles “Chuck” Drylie move for an order Compelling Plaintiff's Independent Mental Examination. Objections Defendant's Objections Nos. 1- 9 to Plaintiff's opposition are OVERRULED. Legal Standards “Any party may obtain discovery … by means of a physic...

Excerpt: ... Plaintiff to give notice. Background This is a quiet title action filed by Plaintiff/Cross -Defendant The Pacific Southwest District of the Lutheran Church - Missouri Synod ("Plaintiff") seeking to determine the ownership of church property used by Defendant/Cross- Complainant Peace Lutheran Church, Inc., of South Gate, California ("Defendant"). Plaintiff contends that it now owns the property pursuant to Defendant's constitution...

Excerpt: ...t, Ronald M. Beilke. On March 19, 2024, Mr. Beilke (“Plaintiff”) filed suit against Defendants The Villages at Heritage Springs Homeowners Association, John Park, Maribel Diaz, Wil Sung, Desmond Blackburn, and Son Nguyen (collectively “Defendants”) for Breach of Fiduciary Duty, Declaratory Relief, Preliminary and Permanent Injunction, and Temporary Restraining Order. Defendants have levied an assessment totaling $195,351.34 ($192,201.34 i...

Excerpt: ...d Complaint (“FAC”) filed on July 12, 2022, Plaintiff Lisa Avila ("Plaintiff”) alleges that Defendant Lourdes Campell (“Defendant”) breached her written agreement to sell her condominium to Plaintiff by failing to timely close escrow. On August 10, 2022, Defendant answered the FAC and concurrently filed a Cross -Complaint. On December 22, 2022, this Court issued an order requiring Plaintiff and Defendant to mediate their dispute. On...

Excerpt: ...or by and through her guardian ad litem, Ani Khachikyan; and Leah Kesablyan, a minor by and through her guardian ad litem, Ani Khachikyan, (collectively, Plaintiffs), filed this action against defendants Plat inum Transportation Group, Inc. (Defendant) and Miguel Angel Pacheco (Pacheco) for damages arising from a motor vehicle accident. Plaintiffs allege that defendants were hired to transport Plaintiffs, and that defendants negligently caused an...

Excerpt: ... First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part: “Plaintiff is an adult female…. At all times relevant to this Complaint, Plaintiff was residing in Los Angeles County, California and San Bernardino County, California. Plaintiff was born in 1971 and was a minor througho ut the period of child sexual assault alleged herein. Plaintiff brings this Complaint pursuant to [CCP §] 340.1… for the childhood sexual ...

Excerpt: ... causes of action for (1) Premises Liability; (2) General Negligence; and (3) Wrongful Eviction. Defendant SANDRA CARRILLO (“Defendant”) demurs to the third cause of action under CCP §430.10(a) and (e), arguing that this claim is barred by res judicata. Defendant argues that Plaintiff's claim for wrongful eviction could have/should have been raised in an earlier filed and litigated unlawful detainer action. The Court has reviewed the judicia...

Excerpt: ...2023, the operative First Amended Complaint (“FAC”) was filed. Plaintiff alleges that “[o]n December 11, 2017, plaintiff quitclaimed the property to one Angela Michelle Carrasca. On March 8, 2019, Angele Michelle Carrasco transferred said property to Daniel Carrasco and Angela Carrasco, husband and wife as joint tenan ts.” (FAC ¶6.) “Plaintiff did not on December 11, 2017, or at any time, intend to transfer his property to Angele Miche...

Excerpt: ...he defendant shall be served with all of the following: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP §512.030.) The proof of service filed on October 30, 2023 shows that Defendant was served with all necessary documents. Merits Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possessio...

Excerpt: ...cause a golf ball entered his residence and injured him and his property. Plaintiff's residence is next to Defendant's golf course. Plaintiff sues for the following causes of action: 1) Negligence 2) Trespass 3) Nuisance 4) Declaratory Relief and Injunctive Relief 5) Violation of Business and Professions Code section 17200, et seq. Defendant SR Mutual Investment Corporation dba California Country Club demurs to all five causes of action because t...

Excerpt: ...nopposed as of April 15, 2024. This is an employment law action. Specially Appearing Defendants Base Hills, Inc. dba Jan Point; Nellis Building Service, Inc.; and Sunny Kim move to quash service of summons served on them. Request for Judicial Notice Specially Appearing Defendants request the court to take judicial notice of the “right to sue notice” issued by Nevada Equal Rights Commission on January 25, 2023 under California Evidence Code se...

Excerpt: ...special interrogatories (set one) and request for production (set one) from Defendants Kulpati Chodha and Kulpati Chodha dba Las Vegas Ice Cream. Background This personal injury lawsuit alleges that on December 11, 2021, Defendant Jacqueline Rivera crashed a motor vehicle directly into the rear of Plaintiff's vehicle which caused serious and life-altering injuries. On June 08, 2023, Plaintiff served Form Interrogatories (Set One), Special Interro...

Excerpt: ...oCal, Inc. (“Plaintiff”) entered into an assignment agreement with Behavior Resources, Inc. (“BRI”) whereby Plaintiff acquired all of BRI's rights relating to the wrongful conduct of Defendant Stephanie Alvarez (“Defendant”). Plaintiff alleges that Defendant, during her employment with BRI, from approximately 2016 through her termination in January 2023, stole and/or embezzled approximately $228,000.00 from BRI. Among other things, Pl...

Excerpt: ...o contendere and was convicted, April 8, 2021… of Penal Code section 647.6(A)(1) (annoying or molesting a chil d under 18 years of age) and section 25850(A) (carrying a loaded firearm on the person or in a vehicle). (Complaint ¶1.) He used the firearm to intimidate and threaten the victim. (Complaint ¶ 8.) “The crimes occurred in connection with the commercial space that was turned into a political campaign office during late 2020 and early...

Excerpt: ... and 21.) On July 25, 2023, Plaintiffs filed a Complaint against Defendant alleging a violation of the Song- Beverly Act. Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) now seeks to compel arbitration under the Retail Installment Sales Contract (“RISC”) and its accompanying arbitration agreement. Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid ...

Excerpt: ...denied. 2. Cross- Complainant Maryam Rouillard's Motion to Quash and/or Limit Deposition Subpoena to JP Morgan Chase Bank for Production of Business Records is GRANTED in part [i.e., as to Categories Nos. 19 -24] and otherwise DENIED. Rouillard's alternate r equest to limit the deposition subpoena is GRANTED in part [i.e., as to Categories Nos. 6 -16], DENIED in part [i.e., as to Categories Nos. 17 and 18] and is otherwise DENIED as MOOT [see bel...

Excerpt: ...y. Background This personal injury lawsuit arises out of a motor vehicle accident which occurred on June 1, 2022. The Complaint alleges that Plaintiff Fernando Ortiz Baeza (Plaintiff Baeza”) was injured by Defendant Ricardo Padilla Zamora who was operating a commercial vehicle without a Class A license. The Complaint alleges that Defendant West Wind Logistics, Inc. (“Defendant West Wind Logistics”) owned the vehicle driven by Zamora and kne...

Excerpt: ..., California 90706 and 11829 Arkansas Street (collectively “the Properties”). Plaintiff dismissed his complaint against Defendant on August 11, 2021. On January 29, 2019, Defendant filed a cross- complaint against Plaintiff for: 1. Breach of Fiduciary Duty 2. Conversion 3. Waste 4. Unj ust Enrichment 5. Constructive Trust 6. Intentional Misrepresentation 7. Intentional Infliction of Emotional Distress and 8. Declaratory Relief. Default was en...

Excerpt: ... her job as a part -time medical screener for Defendant Octapharma Plasma, Inc. (“Defendant”). The operative First Amended Complaint (“FAC") was filed on July 3, 2023. On October 5, 2023, Plaintiff served her Request for Production of Documents (Set Two). Defendant OPI served responses on November 6, 2023. In this motion to compel, Plaintiff argues the responses were unverified and, therefore, untimely. (Cooper Decl., ¶ 8.) Legal Stand...

Excerpt: ...AC alleges that “[o]n or about April 24, 2020, plaintiff Rosa M. Kingsbury was on the premises of defendants' grocery store for the purpose of purchasing groceries. Defendants maintained the premises in an unsafe condition as pallets were present whic h were unstable and maintained in a manner where customers could and were harmed. Plaintiff Rosa M. Kingsbury attempted to obtain products and the pallet gave way causing serious physical injuries...

Excerpt: ...ividually; and DAWN KASARDA, individually (collectively “Plaintiffs”) against Defendants CITY OF CERRITOS (“City”); and BRIGHTVIEW TREE CARE SERVICES, INC. (“Brightview”) (collectively “Defendants”) on July 18, 2022. On November 7, 2022 the operative First Amended Complaint (“FAC”) was filed. Plaintiffs allege that “[t]his action involves a trip and fall on a defective public sidewalk located between 13745 and 13751 Beach St...

Excerpt: ... GALLEGOS (“Plaintiff”) was injured in a car accident on July 22, 2021. This action was filed on July 27, 2023. Plaintiff's Complaint asserts the following two causes of action: (1) General Negligence; and (2) Motor Vehicle Negligence. Demurrer Defendant SULLY- MILLER CONTRACTING COMPANY (“Defendant”) generally demurs on the basis that Plaintiff's claims are barred by the statute of limitations. Under CCP §335.1, the statute of limitatio...

Excerpt: ....) On August 11, 2023, Defendant MELVIN RENE MORALES ASTORGA (“Defendant”) served responses. (Id. ¶5.) On August 25, 2023, Plaintiff's counsel sent a meet and confer letter to Defense Counsel regarding purported deficiencies in Defendant's responses. (Id. ¶6.) On September 15, 2023, attorneys for Defendant provided amended responses, which Plaintiff argues are not code- compliant. (Id. ¶8.) On September 28, 2023, Plaintiff filed the subjec...

Excerpt: ...aintiff's purchase of a used 2017 Nissan Pathfinder vehicle. Sometim e thereafter, the RISC was assigned to Defendant Blackfish Capital, LLC (“Blackfish”). This action was filed by Plaintiff against Defendants Freeway; Blackfish; and HUDSON INUSRANCE COMPANY (“Hudson”) (collectively “Defendants”) on August 3, 2023. Plaintiff's Complaint asserts the following causes of action: (1) Violation of the Consumers Legal Remedies Act against F...

Excerpt: ...e and attempts to repair the vehicle failed to cure the defects. (Complaint ¶¶9 and 11.) On August 1, 2023, Plaintiffs filed a Complaint against Defendants alleging violations of Song- Beverly Act and Negligent Repair. Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) now seeks to compel arbitration under the Retail Installment Sales Contract (“RISC”) and its accompanying arbitration agreement. Arbitration Agreement ...

Excerpt: ...bruary 16, 2024, the operative First Amended Complaint (“FAC”) was filed. Defendant UNIVERSAL FITNESS CLUB NORWALK, LLC (“Defendant”) moves to strike the following allegation from the FAC: “On or about 05/16/2016, the parties extended the original lease term from 10 years to 15 years” from Plaintiff's Complaint. Defendant argues that this sentence should be stricken on the basis that the “written lease attached to Exhibit 1 to the F...

Excerpt: ...cial Interrogatories, Set Two is CONTINUED. III. Plaintiff Pacific Southwest District of the Lutheran Church- Missouri Synod's motion to compel further responses to Request for Production of Documents, Set Three is CONTINUED. IV. Plaintiff Pacific Southwest District of the Lutheran Church- Missouri Synod's motion to compel further responses to Request for Production of Documents, Set Four is CONTINUED. Moving Party to give NOTICE. Form Interrogat...

Excerpt: ...ant against American Honda Motor Company, Inc., alleging various defects during the warranty period and negligent repair claim against Galpin Motos, Inc. Evidentiary Objections and Request for Judicial Notice Plaintiff's Evidentiary Objections The Objection to the Declaration of Andres F. Michel in its entirety is OVERRULED. Request for Judicial Notice The Three Requests for Judicial Notice are GRANTED. Legal Standard Under California law, the tr...

Excerpt: ...tt Jones while they were students at Bell High School between 1987 and 2001. On or about November 8, 2022, Plaintiffs filed their First Amended Complaint, asserting two causes of action against Los Angeles Unified School District (“LAUSD”) for negligence and negligent supervision/retention, and two causes of action against Mr. Jones for sexu al battery and sexual harassment. On or about August 23, 2023, Mr. Jones filed a First Amended Cross-C...

Excerpt: ...e Seventh Cause of Action is SUSTAINED. V. Defendant's Demurrer to the Eighth Cause of Action is OVERRULED. VI. Defendant's Demurrer to the Ninth Cause of Action is OVERRULED. Defendant to give notice. Background Defendants, International Forklift Company and Brian Challoner Demurrer on the punitive damage allegations in the First Amended Complaint (FAC) on the grounds that the FAC does not state facts sufficient to constitute a cause of action a...

Excerpt: ...n November 2020, Plaintiff LAUNDRY LOS ANGELES, INC. was vandalized. Defendant Armen Gassyan was arrested at the location and charged with commercial burglary and vandalism. Plaintiffs allege that Defendants MAGIC LAUNDRY SERVICES, INC. and HRAIR KERTENIA N conspired with Armen Gassyan to destroy Plaintiffs' laundry, a competitor of the defendants. This action was filed on December 1, 2022. The initial Complaint contained eight causes of action f...

Excerpt: ... May 24, 2023. The parties exchanged about one round of discovery each, which includes Plaintiff's preparation of Motions to Compel Further Responses. A Notice of Settlement was filed on June February 7, 2024. Cal. Civ. Code §1794(d) states, “[i]f the buyer prevails in an action under [the Song Beverly Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, inc...

Excerpt: ...ive notice. This action for elder abuse was filed by Plaintiff CHIVALA WALKER, individually and as heir and successor -in- interest to DOROTHY MAE HILL (“Decedent”) (“Plaintiff”) on March 2, 2023. On August 24, 2023, the operative First Amended Complaint (“FAC”) was filed. Plaintiff alleges “Defendant was required to meet the basic needs of Ms. HILL such as hygiene, safety and medical care, as Ms. HILL was admitted with chronic comb...

Excerpt: ...eging the following: 1. FEHA Discrimination 2. FEHA Retaliation 3. Failure to Provide Reasonable Accommodation 4. Failure to Engage in Interactive Process 5. Failure to Prevent Discrimination, Harassment, or Retaliation 6. Wrongful Termination in Violation of Public Policy 7. Constructive Termination. Meet and Confer The parties satisfied the meet -and -confer requirements. (Decl. Miller, ¶¶ 2 to 4; Code. Civ. Proc., § 430.41; Code Civ. Proc.,...

Excerpt: ...ionwide Environmental Services moves to compel compliance with a deposition subpoena of business records served on non- party Shin Imaging Center. Defendant also seeks sanctions. Legal Standard A deposition subpoena for business records directs a nonparty's “custodian of records” to deliver a copy of the requested documents to a “deposition officer” or to make the original documents available to the subpoenaing party for inspection an...

Excerpt: ... One is GRANTED. No sanctions. Moving Party to give NOTICE. The motion is unopposed as of March 27, 2024. This is a Song- Beverly action. Meet and Confer The motion shall be accompanied by a meet and confer declaration. (Code Civ. Proc., § 2031.310, subd. (b)(2).) The Court finds Plaintiffs adequately met and conferred. (Decl. Lopez, ¶¶ 5- 6, Ex. C.) Timeliness Notice of the motion to compel further must be provided within 45 days of service o...

Excerpt: ... and Pico Rivera Holdings LVT, LLC (“Defendants”). The operative Second Amended Complaint alleged: 1) Interference with Prospective Advantage, 2) Negligence, 3) Intentional Infliction of Emotional Distress, and 4) Breach of Contract. Defendants' demurrer to the first and third causes of action were sustained without leave to amend. All that remains is the second cause of action for Negligence and the fourth cause of action for Breach of Contr...

Excerpt: ...eras and Danilo Visperas filed the instant suit against Defendant General Motors. The Complaint asserts a cause of action for Violation of the Song-Beverly Act Section 1793.2. On September 7, 2023, Plaintiff filed a Notice of Settlement of Entire Case. Legal Standard Attorney's fees are allowed as costs when authorized by contract, statute, or law. (Code Civ. Proc, § 1033.5, subd. (a)(10)(B).) In a lemon law action, costs and expenses, including...

Excerpt: ... Code §452.) Background This action arises out of Plaintiffs' purchase of a 2021 Hyundai Sonota vehicle. Plaintiffs contend that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. (Complaint ¶¶9 and 11.) On April 21, 2023, Plaintiffs filed a Complaint against Defendants alleging violations of Song- Beverly Act and Negligent Repair. Defendant HYUNDAI MOTOR AMERICA. (“Defendant” or “Hyundai”) now see...

Excerpt: ...levant facts, as alleged, are as follows: “Defendants became indebted to plaintiff Caltex Plastics in the amount of $126,406.89 as of July 28, 2022. [¶] On September 19, 2022 in Los Angeles, California, an account was stated in writing by and between plaintiff and defendants and on such statement a balance of $89,738.25 was found due to plaintiff from defendants. Defendants agreed to pay interest on unpaid balances at the rate of 1.5% per mont...

Excerpt: ...Plaintiff THEE AGUILA, INC. (“TAI” or “Plaintiff”) on December 7, 2022. On August 8, 2023, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part: “Commencing in 2002, TAI became the fee simple owner of commercial real estate located at 8825 Washington Blvd., Pico Rivera, California 90660….The Property consisted of a 34,000 square foot building used as a nightclub, restaurant and banquet venue....

Excerpt: ...ged defects of the 2022 Forest River recreational vehicle they purchased from Mike Thompson Recreational Vehicles in Santa Fe Springs, California. Legal Standard When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just. (Code Civ. Proc., §410.30.)...

Excerpt: ...024 when the Limited Protected Party Injunction of the reorganization plan of the Boy Scouts of America ends. Defendant Charles Drylie joins the City of Whittier's motion. Legal Standard Trial courts have the inherent power to stay proceedings to promote justice and judicial efficiency. (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) Requests for Judicial Notice Plaintiff requests judicial notice of the following under Evide...

Excerpt: ... fire ignited at the subject property. Pl aintiff/Cross-Defendant seeks compensation for the resulting property damage and loss of rental income. Defendant/Cross -Complainant seeks compensation for abatement of rent on the grounds that Plaintiff/Cross -Defendant did not repair the subject property f ollowing the fire. Defendant/Cross -Complainant seeks summary adjudication of the breach of lease and constructive trust causes of action in its cros...

Excerpt: ...a and GRANTED as to Plaintiff Martha Cowan. Plaintiffs to give notice. This is a wrongful death action arising out of the death of Decedent Sofia Barraza (“Decedent”) on June 11, 2022. Plaintiffs Carlos Barraza and Martha Cowan are the Children of Sofia Barraza. On August 15, 2023, Plaintiffs Carlos Barraza and Martha Cowan, and the Estate of Sofia Barraza (“Plaintiffs”) filed their First Amended Complaint (“FAC”) against Defendants N...

Excerpt: ...6, 2023, for violations of the Song -Beverly Consumer Warranty Act due to the purchase of a 2022 Grand Design Momentum on January 3, 2023. On February 14, 2024, Defendants filed a Motion for Leave to File a Cross- Complaint. As of March 15, 2024, no opposition has been filed to this motion. Legal Standard C.C.P. §426.30(a) provides, as follows: “Except as otherwise provided by statute, if a party against whom a complaint has been filed and ser...

Excerpt: ...ch have been reduced to claims for breach of contract and negligence. The operative Second Amended Complaint alleged: 1) Interference with Prospective Advantage, 2) Negligence, 3) Intentional Infliction of Emotional Distress, and 4) Breach of Contract. Defendant's demurrer to the first and third causes of action were sustained without leave to amend. All that remains are the second and fourth causes of action. It is undisputed that on February 13...

Excerpt: ...“Rios”), Excellence RE Real Estate. Inc. (“ERRE”), and Does 1- 50, inclusive, alleging causes of action for 1) financial elder abuse, 2) breach of fiduciary duty, 3) actual fraud, 4) constructive fraud, 5) conversion, 6) recovery of payment from unlicensed contractor, and 7) money had and received. Default was entered against Defendants Rios and ERRE on April 15, 2022, and against Martin, 365 and MRI on February 23, 2023. During the inves...

Excerpt: ...led his complaint in Los Angeles Superior Court on October 22, 2020. (Jacobsen Decl. ¶ 2, Ex. A.) The complaint alleges nine causes of action: assault, battery, intentional infliction of emotional distress, false arrest, false imprisonment, vio lations of Civil Code sections 51.7 and 52.1, negligence, negligent hiring, and negligent supervision. ( Id.) The complaint originally named ten defendants, consisting of two corporate entities and eight ...

Excerpt: ...D, LLC (“Lone Oak”) on October 24, 2023. On November 2, 2023, Lone Oak applied ex parte to vacate default and dissolve the TRO. Proceedings were continued several times due to an automatic stay following bankruptcy proceedings involving Defendant Jose Gonzalez. The stay has now been lifted. Lone Oak moves to set aside the default under CCP §§473(d) and 473.5. CCP §473(d) At any time, “[t]he court…may on motion of either party after not...

Excerpt: ...to Compel Socal Imaging's Response to Business Records Subpoena is DENIED . V. Defendant CITY OF DOWNEY's Motion to Compel Third -Party Robertson Surgery Center's Response to Business Records is DENIED. VI. Defendant's Motion to Compel Third -Party PT -RN CARE's Response to Business Records is DENIED . Plaintiff to give notice. Defendant CITY OF DOWNEY (“Defendant”) issued subpoenas on various medical providers, including: Samimi Orthopaedic ...

Excerpt: ... LLC (collectively “Plaintiffs”) filed the operative First Amended Complaint (“FAC”) against Defendants EXPERIOR TRANSPORT & POLMAX, LLC (“Experior”) and TBI EXPRESS, LLC (“TBI”). The FAC asserts claims for breach of contract and breach of guaranty against TBI and Experior. The FAC alleges that “[o]n or about February 19, 2016, Plaintiff and Experior entered into written lease agreement…. The Lease was for a term of five (5) y...

Excerpt: ... or around August 11, 1992, Elvira Vargas [mother of Plaintiff and Defendant] and Plaintiff CARLOS S. VARGAS, JR. obtained title to the Subject Property as joint -tenants.” (Complaint ¶8.) “However, in or around September 24, 2019, Elvira Vargas affi rmatively severed the joint tenancy between herself and Plaintiff CARLOS S. VARGAS JR. and conveyed her 50% interest in the Subject Property to herself, in her capacity as the Trustee of the Elv...

Excerpt: ...NTED. On January 30, 2024, this Court issued an Order stating: “With respect to All -Ways Far East, LLC and All - Ways Forwarding International, Inc., they are not registered to do business in the state of California. Nor are they necessary parties to this action. Accordingly, those entities are dismissed from this action and are stricken from the complaint…. [¶] Accordingly, Rialto Pacific, LLC f/k/a All -Ways Pacific, LLC is ORDERED to fil...

Excerpt: ...creational Vehicles, Colton, Inc.; and Ford Motor Company, Inc. Plaintiffs allege breach of express war ranty, breach of implied warranty, violation of Business and Professions Code section 17200, and negligent repair. The other defendants filed a joinder to this motion. Legal Standard When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, th...

Excerpt: ...ction on behalf of himself individually and all other aggrieved employees employed by defendant Duncan Industries, Inc. Plaintiff alleges Defendant violated the followi ng wage-and -hour Labor Code provisions: (1) failing to pay all wages; (2) failing to provide meal periods or pay compensation; (3) failing to authorize or permit rest breaks or pay compensation; (4) willfully failing to provide itemized wage statements; (5) and failing to pay all...

Excerpt: ...his is a real property dispute. Plaintiff Blanca E. Ortiz seeks leave to file a first amended complaint. Leave to Amend Courts have a strong policy of allowing motions for leave to amend. “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend….” ( Morgan v. Super. Ct. (1959) 172 Cal.App.2d 527.) A court can deny leave to amend after long, inexcus...

Excerpt: ...6,946.00 for 123.2 hours of legal work. Prevailing Party In a contract action, the prevailing party is the party who recovered greater relief in an action “on the contract.” (Civ. Code, § 1717, subd. (b)(1).) In the present case, there is no dispute that Defendant and Cross- Complainant is the prevailing party in the action and is entitled to attorney fees. Thus, the only question to be determined by this motion is the amount of the award. R...

Excerpt: ...notice. Plaintiff's Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This is a lemon law action. Plaintiffs Juana Rodriguez Mendoza and Jose Alba Rodriguez (“Plaintiffs”) filed this action on July 12, 2023. Plaintiffs allege Defendant American Honda Motor Co., Inc. (“Defendant”)) did not disclose and actively concealed defe cts involving the Honda Sensing Defect affecting Plaintiffs 2023 Honda HR-V. Plaintiffs' Complaint ass...

Excerpt: ... lemon law action. Plaintiff Lorena Quiroz (“Plaintiff”) filed her First Amended Complaint on August 8,2023. Plaintiff alleges that American Honda Motor Co., Inc. (“Defendant”) did not disclose and actively concealed defects involving transmission s affecting Plaintiff's 2019 Honda Odyssey. Plaintiff's FAC asserts the following causes of action: (1) Violation of Song - Beverly Act (Breach of Express Warranty); and (2) Fraudulent Inducemen...

Excerpt: ... at 9:30 a.m. in Department SE-C. III. Defendant's Motion to Compel Further Responses to Requests for Production is CONTINUED to Tuesday, May 21, 2024 at 9:30 a.m. in Department SE-C. Defendant to give notice. Background This case involves a March 17, 2021 collision of two sanitation trucks in the driveway of a landfill in Santa Fe Springs, California. The truck owned by Defendant UNIVERSAL WASTE SYSTEMS, INC. (“Defendant”) drove into the rea...

Excerpt: ...dant Southern California Permanente Medical Group alleging that it was negligent in its medical care and treatment of Decedent, resulting in his death. Defendant Southern California Permanente Medical Group now moves generally for a Motion for Summary Judgment. Legal Standard The purpose of a motion for summary judgment “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their alle...

Excerpt: ...fendants Inclusion Services, LLC; Inclusion Specialized Supporting Living Services, LLC; and the State of California on January 29, 2020. On June 3, 2021, a First Amended Com plaint (“FAC”) was filed. The FAC was amended on January 10, 2023 to name Tri -Counties Regional Center (“TCRC”) and Eastern Los Angeles Regional Center for the Developmentally Disabled, Inc. (“ELRC”) as defendants. On October 27, 2023, the operative Second Amend...

Excerpt: ...her Cross -Co mplaint against various cross -defendants for cancelation of a grant deed and deed of trust relating to the Subject Property of this litigation. On May 11, 2022, the action was dismissed without prejudice as to David Meckler as Trustee for the 2018 Meckler Family Freeloader Trust (“Meckler Trust”). On May 27, 2022, Judgment was entered in favor of Cross -Defendant Meckler Trust against Cross -Complai nant. The Meckler Trust fore...

Excerpt: ...uest for Judicial Notice is GRANTED. This action for defamation was filed by Plaintiffs DEREK LEFKOWITH and JENNIFER LEFKOWITH (“Plaintiffs”) against Defendant BENJAMIN BROWN and KRISTY BROWN (“Defendants”) on May 26, 2023. Plaintiffs and Defendants reside on neighboring properties. (Complain t ¶¶3-4.) Plaintiffs allege that “[o]n or about March 19, 2022, Defendants created a social media posting listing Plaintiffs' Subject Residence ...

Excerpt: ...the Court will enter judgm ent in favor of Defendant K&M pursuant to the Court's August 25, 2023 order granting Defendant K&M's motion for summary judgment. Moving party to give notice. Background This lawsuit was filed on June 12, 2020 by Plaintiff Bernardo Schaffer (Plaintiff) against Defendants K&M Meat Company, Inc. (Defendant K&M) and Defendant Felix Goldberg. Defendant K&M owns, manages, and/or controls the property located at 2443 E. 27th ...

Excerpt: ...ckground This is a landlord-tenant dispute between Plaintiff, the tenant, and defendants Carolina Cortazar, Steven Mitchell, and Carlos Sandoval. Plaintiff alleges that defendants unlawfully entered the leased property on several occasions, threatened Plaintiff, re moved Plaintiff's personal property, and wrongfully evicted Plaintiff. Legal Standard If a party fails to comply with a court order compelling discovery responses or attendance at a de...

Excerpt: ...y, denied coverage based on an exclusion for vacant properties. Pl aintiff ATV, Inc., also known as American Tire Depot, alleges that its broker, Integrity Insurance Services, Inc. dba Hawley Insurance Services did not procure adequate commercial property insurance on its behalf. Plaintiff sues Integrity Insurance Services, Inc. for the following: 1. Professional Negligence; 2. Negligent Misrepresentation; 3. Breach of Contract; and 4. Declarator...

Excerpt: ... Services move for $23,295.50 in attorney fees and $1,322.06 in costs. Prevailing Party Under Civil Code section 1794, subdivision (d), “[i]f the buyer prevails in an action under [the Song-Beverly Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, includ ing attorney's fees based on actual time expended, determined by the court to have been reasonably incu...

Excerpt: ... fourth causes of action of breach of express warranty and breach of implied warranty because they are time-barred. Defendants demur to the fifth cause of action of fraudulent concealment on the grounds that it is time -barred and does not state facts sufficient to constitute a cause of action. Background Plaintiff Carlos Gomez alleges that defendants Ford Motor Company and Norm Reeves Ford Superstore violated the warranty provisions of the Song ...

Excerpt: ...ion, third cause of action for breach of fiduciary duty, fifth cause of action for constructive trust, and sixt h cause of action for declaratory relief on the grounds that they do not state facts sufficient to constitute a cause of action. Background Plaintiff Edward Santistevan alleges that he and decedent Sylvia M. De La Rosa were registered domestic partners, commencing in 2012. From 2012 to her death in 2021, they purchased various real prop...

Excerpt: ...otions as to Defendant KAS Produce, Inc are DENIED as MOOT. The request for sanctions is DENIED. Plaintiff to give notice. Plaintiff William Lezama (“Plaintiff”) moves to compel responses to Form Interrogatories, Special Interrogatories, and Requests for Production of Documents (Set One) as to Defendants Emmanuel Romero (“Defendant Romero”) and KAS Produce, Inc. (“Defendant KA S Produce”). Plaintiff also moves to have requests for adm...

Excerpt: ... for Request for Production as to Plaintiff Realty Specialties, Inc. is GRANTED. IV. Sanctions are awarded in the total reduced amount is $2,184.50. Defendant Gill to give notice. Background On December 30, 2022, Plaintiff Realty Specialties, Inc. (“Plaintiff”) filed a Complaint for breach of contract, violation of Penal Code § 496, and conversion against Defendants Sher Singh Gill (Gill) and Satvinder S. Ghotra. On July 31, 2023, Gill serve...

Excerpt: ...il 8, 2022. The operative Complaint alleges that: “Senior Operations contracted with King Data Services… in 2003 to provide document storage services…. The Contract required that King Data provide 30 days written notice before implementing a change in rates. The Contract had no set term for the length of the Contract or any penalty or break-up fee when the Contract or business relationship ended.” (Complaint ¶7.) Defendant/Cross-Complain...

Excerpt: ...ndant's CCP §99 8 Offer. (Id. ¶3.) On August 22, 2023, Plaintiff filed his written acceptance of Defendant's CCP §998 Offer. (“Acceptance”) (Id. ¶4.) On August 25, 2024, this Court granted Defendant's pending Motion for Reconsideration of its Motion for Summary Judgment and its Motion for Summary Judgment. (Id. ¶5.) On August 28, 2023, Defendant served Plaintiff by email its withdrawal and revocation of its Offer. In Opposition, Defendan...

Excerpt: ...for cash advances. Plaintiff's Form Complaint asserts the following causes of action: (1) Breach of Written Contract (2) Breach of Contract (Implied in Fact) (3) Money Lent (4) Money Paid (5) Open Book Account (6) Account Stated Plaintiff now moves for summary judgment. The elements of a cause of action for breach of contract are as follows: (1) existence of contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breac...

Excerpt: ...INUED to March 12, 2024 at 9:30 a.m. in Dept. SE -F. Moving Party to give Notice. Motion for Appointment of Discovery Referee Plaintiff-in -Intervention PHILADELPHIA INDEMNITY INSURANCE COMPANY and Defendant MIGUEL ANGEL PACHECO (collectively “Moving Party”) move for the appointment of a discovery referee to preside over oral depositions based upon the manner in which Plaintiff's counsel has conducted herself during several depositions. Movin...

Excerpt: ...ourt order of November 21, 2023. Defendant has only produced its income tax returns from 2020 and 2021 and Plaintiff requests pay roll records. Plaintiff also requests monetary sanctions. Background Plaintiff alleges that Defendant Passport Foods (SVC) fraudulently represented to its senior secured lender, Continental Republic, that it had accounts receivable worth $1,759,669 when the accounts receivable was worth only $25,000. Continental Republ...

Excerpt: ... 2024. Background This is a landlord-tenant dispute between Plaintiff and Defendants Carolina Cortazar, Steven Mitchell, and Carlos Sandoval. Plaintiff alleges that Defendants unlawfully entered the leased property on several occasions, threatened Plaintiff, removed Plaintiff's personal property, and wrongfully evicted Plaintiff. Legal Standard If a party fails to comply with a court order compelling discovery responses or attendance at a deposit...

Excerpt: ...rred and does not state facts sufficient to constitute a cause of action. Defendant also moves to strike the claim for punitive damages. Background Plaintiffs Karina Hinojosa and Luis Alejandro Garcia allege that defendant General Motors LLC violated the Song -Beverly Act and fraudulently induced plaintiffs into purchasing a 2018 GMC Sierra manufactured by the defendant. They allege that defendant misrepresented that there were no transmission de...

Excerpt: ...be extended by agreement of the parties. Moving Party to give notice. This action for breach of contract was filed by Plaintiff SENIOR OPERATIONS LLC (“Plaintiff”) on April 8, 2022. The operative Complaint alleges that: “Senior Operations contracted with King Data Services… in 2003 to provide document storage services…. The Contract required that King Data provide 30 days written notice before implementing a change in rates. The Contrac...

Excerpt: ...r “Ford”) did not disclose and actively concealed defects involving Ford's Transmission Defect affecting Plaintiff's 2018 Ford Expedition vehicle. (See e.g., Complaint ¶¶9, 36.) Defendant Norm Reev es Ford Superstore (“Defendant” or “Norm”) is alleged to be the dealership wherein Plaintiff purchased the subject vehicle. Plaintiff's Complaint asserts the following causes of action: (1) Violation of Cal. Civ. Code §1793.2 (2) Violati...

Excerpt: ...481 and 4493 Firesonte Boulevard, South Gate, CA 90280. Legal Standard The party against whom a complaint has been filed may object to the pleading, by demurrer, on several grounds, including the ground that the pleading does not state facts sufficient to constitute a cause of action. (CCP § 430.10(e).) A party may demur to an entire complaint, or to any causes of action stated therein. (CCP § 430.50(a).) “‘[A] demurrer based on an affirmat...

Excerpt: ...��Plaintiff”) on September 15, 2023 . Plaintiff alleges that AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) did not disclose and actively concealed defects involving the Honda Sensing Defect affecting Plaintiff's 2021 Honda Accord vehicle. (See e.g., Complaint ¶¶8, 24.) Plaintiff's Complaint asserts the following causes of action: (1) Violation of Song -Beverly Act (Breach of Express Warranty); and (2) Fraudulent Inducement �...

Excerpt: ...t Defendants Inclusion Services, LLC; Inclusion Specialized Supporting Living Services, LLC; and the State of California on January 29, 2020. On June 3, 2021, a First Amended Com plaint (“FAC”) was filed. The FAC was amended on January 10, 2023 to name Tri -Counties Regional Center (“TCRC”) and Eastern Los Angeles Regional Center for the Developmentally Disabled, Inc. (“ELRC”) as defendants. On October 27, 2023, the operative Second A...

Excerpt: ...as filed. Plaintiffs allege that “[t]he tortious conduct giving rise to this action resulted in a collision occurring on September 12, 2022, on southbound Interstate -15 (the ‘Interstate')… in which EDGAR RIVELINO LOPEZ VASQUEZ and JORGE CISNEROS AGUILA (‘the deceden ts') were killed and Plaintiff RODOLFO ABUNDIZ BRAVO was injured.” (FAC ¶1.) ”On or about November 17, 2008, Defendant BAUTISTA negligently operated the TRUCK -TRAILER, ...

Excerpt: ...nort (Plaintiff) seeks to compel further responses to his Requests for Production (set one) and Form Interrogatories (set one). Plaintiff and Defendant State of California (the State) seek sanctions. Background This is a single motor vehicle accident which occurred when Plaintiff drove his motorcycle on Beverly Boulevard to enter the on- ramp of Interstate 605. Plaintiff alleges he was thrown from his motorcycle when it made contact with a drop- ...

Excerpt: ... Contract (RISC) to finance their purchase of a 2018 Honda Civic from Honda World. Plaintiffs contend that the vehicle was defective an d attempts to repair the vehicle failed to cure the defects. Plaintiff filed a Complaint against Defendants Nissan and Cerritos Nissan alleging violations of the Song- Beverly Act. Defendant now seeks to compel arbitration under the RISC and its accompanying arbitration agreement. The arbitration provision in the...

Excerpt: ...deposing Councilmembers Bruce Barrows, Naresh Solanki, and Choung Vo. Background This is a trip and fall case. The operative First Amended Complaint (FAC) alleges: “Plaintiffs are informed and believe and, based on such information and belief, alleges that on or about September 26, 2021, the City of Cerritos maintained the sidewalk located between 13745 and 13751 Beach Street Cerritos, CA 90703. Plaintiffs allege Defendant Brightview Tree Care ...

Excerpt: ...lly assaulted by his teacher, Frederick David Johnson while he was a student at Bell Gardens High School during the 1990- 1991 school year. Plaintiff filed a Second Amended Complaint pursuant to Assembly Bill 218 (AB 218), for: 1. Negligence (against Defendant) 2. Negligence (against DOES 2 -25) 3. Negligent Hiring (against Defendant) 4. Negligent Hiring (against DOES 2 -25) Defendant filed a Cross- Complaint against Frederick David Johnson for T...

Excerpt: ...and For Production of Documents (set one) is DENIED. IV. Plaintiff DAVID J. LEE's Motion to Compel Defendant NELLIS BUILDING SERVICE, INC.'s Further Responses to Special Interrogatories (set one) is DENIED. Opposing Party(s) to give Notice. No Replies filed as of February 5, 2023. Due by February 1, 2023. (CCP §1005(b).) This wrongful termination action was filed by Plaintiff DAVID J. LEE (“Plaintiff”) against Plaintiffs BASE HILL, INC. (“...

Excerpt: ...tion to Compel Further Responses to Form Interrogatories (set two) from Plaintiff MINGHUI TANG is GRANTED. Moving Party to give Notice. This action was filed by Plaintiffs ZHIKUI JIANG and MINGHUI TANG (collectively “Plaintiffs”) on August 20, 2020. On February 18, 2021, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges that in 2018, Plaintiffs were foreign owners and sellers of certain real properties in the Unite...

Excerpt: ...slado and his nephew Plaintiff Erik were looking to purchase an investment property…. It was agreed between the family members that the money for the purchase of the property would be put in by all of them but Genaro and Gustavo transferred all of their rights concerning this case to the Plaintiffs. When looking for an agent, Erik was referred to Defendant Karen…. Erik got into contact with Defendant Karen who ten referred Erik to speak to De...

Excerpt: ...chment against Defendant MEDMEN ENTERPRISES, INC. (“Defendant”) in the amount of $234,543.18. “The application [for a writ of attachment] shall be supported by an affidavit showing that the plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based.” (CCP §484.030.) “The declarations in the moving papers must contain evidentiary facts, stated ‘with particularity' and based on actu...

Excerpt: ...eek sanctions. Background On October 24, 2022, Plaintiffs filed a Complaint against Defendant American Honda Motor Co., Inc. (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle and Fraudulent Concealment. Legal Standard CCP § 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or...

Excerpt: ...r 3, 2022, Plaintiff filed a Complaint against Defendant Volkswagen Group of America (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle and against Irvine Auto Retail II, Inc. (Irvine Auto) for negligent repair. Legal Standard CCP § 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or eva...