Excerpt: ...atutory duty. Background Plaintiff Danny Trejo (Plaintiff), a minor, through his Guardian Ad Litem, Laura Trejo, filed a Complaint against Defendant alleging that Plaintiff was injured while under the supervision of Defendant. Plaintiff asserts that he has disabilities which affect his ability to ambulate and he required constant supervision. (FAC ¶¶ 14- 15.) Plaintiff alleges that Defendant knew of the need to constantly supervise Plaintiff an...

Excerpt: ...lick Ford, Inc. alleging Negligent Repair and against Ford Motor Company for violations of the Song- Beverly Act. Legal Standard CRC, rule 3.1324(a) provides: (a) Contents of motion A motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments; (2) State what allegations in the previous pleading are propose...

Excerpt: ...olated the Song-Beverly Act and fraudulently induced Plaintiffs into purchasing a 2018 Chevrolet Cruze manufactured by Defendant. They allege that Defendant knew about a cooling system defect in 2010 and knew that the cooling system installed in Plaintiffs' vehicle had that defect, which caused coolant to leak. Legal Standard The party against whom a complaint has been filed may object to the pleading, by demurrer, on several grounds, including t...

Excerpt: ..., Inc. are strictly liable for manufacturing and design defect, negligence, and negligent repair of his 2007 Toyota Camry. Plaintiff claims that the defects caused the vehicle to catch fire on February 28, 2022. Legal Standard CRC, rule 3.1324(a) provides: (a) Contents of motion A motion to amend a pleading before trial must: (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from...

Excerpt: ...ranted by Defendant General Motors, LLC (“Defendant” or “GM”). (Complaint, ¶ 11.) Plaintiffs filed suit against Defendant alleging violations of the Song- Beverly Act in connection with Plaintiffs' vehicle. More specifically, Plaintiffs' complaint alleges that the purchase of the Subject Vehicle was accompanied by warranties by which Defendant undertook to preserve or maintain the utility or performance of the vehicle or to provide compe...

Excerpt: ...acher at Orchard Academy, a school within the Los Angeles Unified School District (“LAUSD”) during the 2016-2017 school year. Plaintiff seeks the Investigation Report prepared by the LAUSD Student Safety Investigation Team (“SSIT”), which LAUSD listed in its Privilege Log attached to its Response to Plaintiff's Supplemental Demand for Production of Documents. Said Privilege Log asserts the attorney-client privilege; attorney work product;...

Excerpt: ...on February 2, 2023. The Complaint asserts two causes of action under the Song-Beverly Act for (1) breach of express warranty and (2) breach of implied warranty. Judicial Notice BMWNA's requests for judicial notice of the Lease Agreement is granted because it is not subject to dispute as it was incorporated in the Complaint. (Evid. Code § 452(h).) BMWNA's requests for judicial notice of the LLC-12 filing of BMW Financial Services NA, LLC (“BMW...

Excerpt: ...laintiff Jose Manuel Choy (“Plaintiff”) on June 20, 2018. On May 28, 2019, the operative Second Amended Complaint (“SAC”) was filed. The relevant facts are as follows: “This case involves a fraudulent scheme perpetrated by Defendants designated to obtain a free veterinary consultation for both of their dogs. Defendants misrepresented to Plaintiff, a veterinarian, that both of their dogs resided in separate households, in order to take a...

Excerpt: ... August 21, 2016. “The principal amount of the first Promissory Note is Sixty Thousand Dollars ($60,000) in interest only installments at eight percent (8%) interest per annum, payable in monthly installments of Four Hundred Dollars ($400) beginning August 21, 2016, and continuing monthly thereafter for a period of twenty-four (24) months at which time the unpaid balance was immediately due and payable. The note became fully due and payable Aug...

Excerpt: ...s seek a judgment of this Court determining that as of the date of entry of judgment in this action, District holds no overflow easement or other legal right to use any part of the Subject Property, and quieting Plaintiffs' title to the Subject Property as against any adverse claims of District. On April 14, 2023, Plaintiffs NCP Imperial, LLC and Family Property Holdings, LLC (collectively “Plaintiffs”) filed a Complaint against Los Angeles C...

Excerpt: ... breach of contract action was filed by Plaintiff SCHUBERT INVESTMENTS INC. (“Plaintiff”) against Defendants ALLAN ROBERTO TAY (“Tay”) and BELLATOR ROOFING INC. (“Bellator Roofing”) (collectively “Defendants”) on November 22, 2022. The operative Complaint alleges that in January 2022, the parties entered into an oral agreement whereby Schubert Investments Inc. would receive a 10% ownership interest in Bellator Roofing, Inc., in re...

Excerpt: ...NTED. (Cal. Ev. Code §452.) This “lemon law” action was filed by Plaintiff JONATHAN ZAVALA QUINTERO (“Plaintiff”) on May 17, 2023. On 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 2022 Honda Accord vehicle. (See e.g., Complaint ¶¶4, 43.) Plaintiff's Complaint asserts the following causes of a...

Excerpt: ...y Act and against Bob Wondries for Negligent Repair. Plaintiff purchased a 2019 Ford Explorer from Ford on July 18, 2019 and presented the vehicle to Bob Wondries on multiple occasions for repairs. Specifically, Plaintiff alleges that “Plaintiff delivered the Subject Vehicle to [Bob Wondries] for repair [sic] on numerous occasions.” (Compl. ¶ 28.) Bob Wondries “breached its duty to Plaintiff to use ordinary care and skill by failing to pro...

Excerpt: ...ty Management (Plaintiff)'s Complaint and move to strike seven portions of the Complaint. Background Plaintiff alleges that Defendant Luis Palencia (Palencia) obtained proprietary knowledge during his 25 year employment with Plaintiff. Further, Palencia signed Confidentiality Agreements pursuant to his employment which prevented Palencia from using the proprietary knowledge and from diverting any of Plaintiff's customers for three years. Plaintif...

Excerpt: ...for Production (set one) pursuant to CCP § 2031.310. Background On December 9, 2022, Plaintiffs filed a complaint against Defendant for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle. Plaintiffs claim they purchased a 2017 Chevrolet Colorado on February 25, 2017 which was defective. Legal Standard CCP § 2031.310 allows a party to file a motion compelling further answers to document requests if...

Excerpt: ... Defendants) to appear for deposition and produce documents. Plaintiffs also seek $2,040.00 in monetary sanctions. Background This is a breach of commercial lease action relating to Defendants and Defendant Guardian Manufacturing, Inc's failure to pay rent. On January 17, 2023, Counsel for all Defendants filed a motion to be relieved as counsel because he was unable to contact his clients. Legal Standard If a party fails to comply with a court or...

Excerpt: ...ompanying request for documents at time of deposition. Plaintiff seeks $16,121.74 in sanctions. Background Plaintiff a Complaint against Defendants Tim Childress, 10PL Global, Inc. (10PL Global), and Axelavate Transportation, LLC (Axelavate) (collectively Defendants) alleging Breach of Contract, Common Counts, Conversion, and Fraud related to a contract where Defendants moved shipping containers to Plaintiff's warehouse. Plaintiff alleges that De...

Excerpt: ...lectively “Cross-Defendants”) on January 13, 2022. On March 1, 2022, Defendants/Cross-Complainants Victor M. Jimenez and Julieta M. Romero (collectively “Cross-Complainants”) filed a Cross-Complaint seeking quiet title, declaratory relief, intentional misrepresentation, unjust enrichment, promissory estoppel, and accounting. On March 15, 2023, Cross-Defendants, deposed Julieta Romero and Victor Jimenez. The testimony of Victor Jimenez bro...

Excerpt: ...ntos M. De Jesus (“Defendant”) alleging one cause of action for negligence arising from a motor vehicle accident occurring on November 27, 2020. On December 6, 2022, Plaintiffs served Form Interrogatories, Special Interrogatories, Request for Admissions, and Demands for Production of Documents to Defendant. (Vardanyan Decl. re Plaintiff Arredondo FROG Motion, ¶ 2; Vardanyan Decl. re Plaintiff Arredondo and Rivera RFP Motion, ¶ 2; Vardanyan ...

Excerpt: ...testimony and otherwise assisting in a court proceeding based on the same defendants alleged violations of California Government Code, Section 12940. Plaintiff's testimony concerned his observations of PATEL's improper and unlawful conduct towards female employees.” (Complaint, ¶ 26.) “Plaintiff testified that Patel would slap the backsides of female employees in the office, would call female employees sexually charged names and refer to the...

Excerpt: ...ne) is DENIED as MOOT. Moving Party to give notice. Motion to Compel Responses to Form Interrogatories If a party to whom interrogatories are directed fails to respond at all, the propounding party's remedy is to seek a court order compelling answers thereto. (CCP § 2030.290.) All that needs to be shown is that the discovery was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been...

Excerpt: ...plaint is SUSTAINED with 10 days leave to amend. IV. Defendant SELECT PORTFOLIO SERVICING, INC. and U.S. BANK, NA's Motion to Strike Portions of Plaintiffs' Second Amended Complaint is MOOT. V. Defendant QUALITY LOAN SERVICE CORPORATION's Demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED with 10 days leave to amend leave to amend. Moving Parties to give notice. A Vesco Hearing is also scheduled for hearing on October 26, 2023 at 9:30 ...

Excerpt: ... filed his Complaint for Dental Malpractice against Defendants Estella Flores, DDS, and Downey Smile Center. Plaintiff alleges that Defendant Flores, while working at Downey Smile, negligently broke his tooth while extracting it. 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 o...

Excerpt: ...tiffs) filed a Complaint against Defendants Sylvia Quintanilla, Ulysses Quintanilla, Adriana Quintanilla, and Isaac Quintanilla (collectively Quintanilla Defendants) for Implied Easement and Prescriptive Easement. The lawsuit involves a residential boundary dispute over a strip of land upon which Plaintiffs built a block wall. Request for Judicial Notice Defendants' request for judicial notice is DENIED because Defendants have not authenticated t...

Excerpt: ...im and delivery of personal property and writ of possession and restraining order and money due on contract arising out of Defendant's alleged failure to make payments pursuant to a financing contract for a 2021 Grand Design M-397TH. Plaintiff alleges that Defendant failed to make payments under the contract beginning on April 8, 2021 and it is entitled to possession of the vehicle under the terms of the contract. Discussion If the proof of servi...