Excerpt: ...: (1) Motion to Compel Leo Ramsey's Responses to Demand for Production of Documents, Set One is GRANTED. Verified written responses are ordered to be served by Ramsey on Plaintiff's counsel on or before May 24, 2024, together with legible copies of responsi ve documents. (2) Request for monetary sanctions is GRANTED in the amount of $2,500 I. BACKGROUND¿¿¿ ¿¿¿ A. Factual ¿¿¿ ¿¿ On November 3, 2022, Plaintiff, Maurice Stephenson (“Pla...

Excerpt: ...ulings: ARGUE. The Court finds itself at a crossroads as to whether to order the deposition and allow the chips to fall where they may, or whether to conditionally deny the motion on the conditions that (A) Plaintiff Diana Stretch shall not be permitted to testify at trial, and (B) the parties develop a stipulation as to how the finder of fact is to consider her inability to testify in a fashion that will not unfairly prejudice the Defendants. Th...

Excerpt: ...ANTED. Plaintiffs to give notice. Plaintiffs allege that defendants were hired to drive them, and defendants negligently caused an accident while Plaintiffs were passengers in defendants' vehicle. Plaintiffs further allege that defendant Miguel A. Pacheco drove under the influence of marij uana at the time of the accident, and that defendant Platinum Transportation Group, Inc. knew about Pacheco's history of marijuana use and still allowed him to...

Excerpt: ...tion was filed by Plaintiff HUNG DAO on December 20, 2022. Plaintiff alleges that “[o]n September 17, 2021, Plaintiff entered into a warranty contract with FCA US LLC regarding a 2021 Jeep Wrangler….” (Complaint ¶14.) Plaintiff alleges tha t “[d]effects and nonconformities to warranty manifested themselves within eh applicable express warranty period, including but not limited to electrical, transmission, exterior, and structural.” (Id...

Excerpt: ... Sanctions are DENIED. II. Defendant MED (DE) LLC's Motions to Compel Responses to Form Interrogatories (set one), Requests for Production (set one), and Special Interrogatories (set one) as to Plaintiff BRIANA WINGO are ADVANCED from May 1, 2024 to this date and GRANTED. Plaintiff is ordered to serve responses without objections in 20 days. Sanctions are DENIED. Defendant to give notice. Defendant MED (DE) (“Defendant”) owns and operates an ...

Excerpt: ...renew the motion in Dept. SE -F, the master calendar department. III. Plaintiff Dane Medley's Motion to Compel Further Responses to Requests for Production (Set Three) is GRANTED in part as set forth below. Sanctions are DENIED. Plaintiff to give notice. This is an employment discrimination lawsuit. Defendants Pacific Office Automation, Inc. (“Defendant POA”) and Eric Pitassi (“Defendant Pitassi”) terminated Plaintiff Dane Medley's (“Pl...

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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ....) 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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...