Excerpt: ...GRANTED. (C.R.C. 3.1362.) IV. Stacy Joel Safion, Esq.'s motion to withdraw as counsel of record for Cross-Complainant CARR LEE is GRANTED. (C.R.C. 3.1362.) V. Stacy Joel Safion, Esq.'s motion to withdraw as counsel of record for Defendant FILM 102 PRODUCTIONS, LLC is GRANTED. (C.R.C. 3.1362.) VI. Stacy Joel Safion, Esq.'s motion to withdraw as counsel of record for Cross-Complainant FILM 102 PRODUCTIONS, LLC is GRANTED. (C.R.C. 3.1362.) Plaintiff...

Excerpt: ...rtners V (AIV 3) Lp, and MSD Private Credit Opportunity Master (ECI) Fund II, LP (Defendants) move for an order compelling deposition testimony from Mr. Saadia pursuant to CCP § 2025.480. Defendants All-Ways Pacific LLC, All-Ways Far East LLC, and All-Ways International Inc. join in Defendants motion. Legal Standard “‘If a deponent fails to answer any question or to produce any document or tangible thing under the deponent's control that is ...

Excerpt: ...d. Moving Party to give notice. This action was filed by Plaintiff NARINE ARIANNA MELKONYAN, a minor by and through her GAL, CATALINA PEREZ (“Plaintiff”) on November 23, 2022. Plaintiff was allegedly bitten by Defendants' dog on April 21, 2021. (Complaint ¶¶13-14.) Plaintiff's Complaint asserts the following causes of action: (1) Negligence; (2) Negligence Per Se; (3) Strict Liability Based on Common Law; and (4) Premises Liability. Defenda...

Excerpt: .... Choi, and Haeun E. Choi's (Defendants) demurs to each cause of action on the grounds that each fail to state a claim. First Cause of Action – Breach of Contract Defendants argue that this claim fails because the nature of the contract cannot be ascertained from the pleading. Specifically, Defendants argue that Plaintiff fails to allege whether the contract is written or oral, and fails to plead the terms of any contract. This is the same grou...

Excerpt: ...e the action.” (Adams v. Superior Court (2011) 196 Cal.App.4th 71, 77.) “The heirs need not be joined— and, indeed, cannot be joined—in a wrongful death action brought by the personal representative of decedent's estate because, in that case, the personal representative is suing on behalf of all the heirs [citations].” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2016) para. 2:168.2 [citing Adams, s...

Excerpt: ... constitute a cause of action, and moves to strike portions of the complaint. The Complaint alleges that “Defendant Alvarez and Plaintiff Dorado began their relationship on or around October 17, 2009, but never married.” (Complaint, ¶ 7.) “Dorado acquired title to the El Rancho Property on or around November 15, 2012.” (Id., ¶ 12.) “On or around October 20, 2016, Dorado executed a deed of trust on the El Rancho Property.” (Id., ¶ 1...

Excerpt: ...half of all aggrieved employees filed a complaint against Alcoa Traffic Control, Inc. for violations of the Labor Code and IWC Wage Orders. Plaintiff now seeks preliminary approval of the PAGA Settlement and Release. Leqal Standard California Rules of Court, rule 3769 governs settlements of class actions. Any party to a settlement agreement may submit a written notice for preliminary approval of the settlement. The settlement agreement and propos...

Excerpt: ... March 21 , 2023, Plaintiff California Asset Properties, LLC (Plaintiff) field an action for unlawful detainer based on a three-day commercial notice to pay rent or quit. On April 3, 2023, Defendant Catherine Cook (Defendant) filed a demur Leqal 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...

Excerpt: ...s to state facts sufficient to constitute a cause ot action and is uncertain. Plaintiffs Jasmin Medina and Simon Rojas allege that "[Oln or about August 27, 2021 , Plaintiff, JASMIN IDALIA MEDINA, was admitted to - Whittier Hospital Medical Center. Plaintiff, JASMIN IDALIA MEDINA, was 33 Weeks pregnant at the time. she was admitted by defendant, JAMES H SONG, M D. Defendant, STEVE JOHN VOUIS was the OB/GYN doctor assigned to PLAINTIFF, JASMIN IDA...

Excerpt: ...021, PLAINTIFF, a minor, was under the care, custody, control, and supervision of Defendants... at the SUBJECT PREMISES. [T] On or about March 16, 2021, Defendants... expressly permitted PLAINTIFF to paly in the backyard of the SUBJECT PREMISES where DEFENDANTS also permitted the SUBJECT DOG to run loose. [Y] As PLAINTIFF was playing in the backyard ofthe SUBJECT PREMISES, the SUBJECT DOG viciously and violently attacked PLAINTIFF mthout warning ...

Excerpt: ...Villegas Defendants") Joinder to Defendants' NATIONSTAR MORTGAGE LLC and US. BANK NATIONAL ASSOCIATION's Motion for Judgment on the Pleadings is DENIED. Joinders must be filed and served pursuant to the same timelines required by the underlying motion. The Notice of Joinder was not filed until May 24, 2023—1 day before the hearing. " U]nless othenvise ordered or specifically provided by law, all moving and supporting papers shall be served and ...

Excerpt: ...er the complaint states a cause of actiom (Hahn v. Mirda (2007) 147 740, 747.) When considering demurrers, courts read the allegations liberally and in context (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal_App.4th 1216, 122b) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v Mercury Ins. Co (2004) 116 Cal_App.4th 968, 994 ) "A demurrer tests the...

Excerpt: ...cedure section 403.040 allows a defendant to file a motion for reclassification of an action within the time allowed for that party to respond to the initial pleadings. (Code Civ. Proc_, S 403.040, subd_ (a)_) "A party may amend its pleading once without leave of court at any time before an answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed if the amended pleading is filed and served no later than the...

Excerpt: ... This action arises from a retaliation, wrongful termination, and intentional/negligent infliction of emotional distress complaint filed by Plaintiff against Defendants Base Hill, Inc. (Base Hill) and Nellis Building Service, lnc (NBS) and Defendant Sunny Kim (Defendant) as sole owner of Base Hill and NBS (collectively Defendants). Defendants brought a motion to quash service of summons on the grounds that California courts lack personal jurisdic...

Excerpt: ...ses, the courts have placed a substantial burden on a plaintiff seeking to defeat such a clause, requiring it to demonstrate enforcement of the clause would be unreasonable under the circumstances of the case___ That is, that the forum selected would be unavailable or unable to accomplish substantial justice____ Moreover, in determining reasonability, the choice of forum requirement must have some rational basis in light of the facts underlying t...

Excerpt: ...dmitted against Defendant OPC Trucking, or in the alternative, to compel Defendant OPC Trucking to provide responses is MOOT. Reduced sanctions are imposed against Defendant OPC and counsel, jointly and severally, in the reasonable sum of $3,500.00, payable within 30 days. Moving Party to give NOTICE. Plaintiff Hernandez moves to compel further responses to form interrogatories and request for admissions pursuant to CCP SS 2030.300, 2031 and 2033...

Excerpt: ...022. The Complaint alleges, in pertment part, "On August 11, 2022, Plaintiff entered into a warranty contract with FORD regarding a 2020 Ford Explorer..„ [Y] Defects and nonconformities to warrant-y manifested themselves within the applicable express warranty period, including but not limited to transmission, electrical, interior, suspension, and HVAC." (Complaint 1115-16.) "Defendant was unable to conform the Subject Vehicle to the applicable ...

Excerpt: ...posing Party to gwe notice. Defendant AVMGH SIX-THUNDERBIRD VILLA LIMITED PARTNERSHIP's Request for Judicial Notice is GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. (Cal. Ev. Code 5452.) This personal mjury action was field by Plaintiffs MELBA CASTILLO, individual, and as successor-in- interest to Douglas Castillo; JEANETTE SELENA ORTEGA PERALTA a mmor, by and through her guardian ad litem; ...

Excerpt: ...5_ Default judgment was entered on January 24, 2006. On April 11, 2022, 'CMS filed an application and order for appearance and examination against Defendant Peter Zuk_ The hearing is set for June 28, 2023. Motions to Compel Assignee Intellectual Capital Management & Servicer, Inc.'s motions for orders compelling responses to interrogatories and requests for production are DENIED as moot and its requests for sanctions are GRANTED. Moving Party to ...

Excerpt: ...or summary judgment pursuant to CCP S 437c_ FIRST AMENDED COMPLAINT Plaintiff Villa Madrid, LLC is the owner of the Property. (FAC, II 8.) Villa Madrid hired Plaintiff Kitchen Gallery as its general contractor to construct a 22-unit apartment building on the Property. (ld.) Kitchen Gallery then hired East & West Plumbing, Inc. (UE&W') to perform certain plumbing work on the Project. (ld.) Plaintiffs sued in Case No. VC067227_ (ld ) "At the time o...

Excerpt: ...the court below. Defendant to give NOTICE. First Amended Complaint Plaintiffs First Amended Complaint alleges that Plaintiffs 2016 Infiniti QX80 vehicle suffers from Transmission, Electrical, and Distance Control Assist Defects, and Defendant has been unable to repair the vehicle within a reasonable number of attempts. The FAC asserts causes of action for: 1. Violation ofCC S 2. Violation ofCC S 3. Violation of CC S 4. Violation ofCC S 1791 _2(a)...

Excerpt: ... grounds. The Clerk is ORDERED to strike the labels, 4th 6th 8th, and 13th - ORDERED to strike the 8th and 14th causes of action from the caption of the SAC. Defendant is ORDERED to file and serve its Answers within 10 days. Opposing Party to give NOTICE. Defendant Iglesia de Cristo Ministerios Llamada Final, Inc. ("Iglesia") demurs to the Second Amended Complaint ("SAC") on the ground that it fails to state facts sufficient to constitute a cause...

Excerpt: ...ion was filed by Plaintiffs YESENIA GARCIA and ARMANDO GARCIA CPIaintiffs"). Plamtiff alleges that Defendant AMERICAN HONDA MOTOR CO., INC. ("Defendant" or "Honda") did not disclose and actively concealed a defectknowm as the "Honda Sensing Defect" affecting Plaintiffs Plamtiffs' 2020 Honda Pilot vehicle. (See e.g„ Complaint "11-77.) Plamtiffs' Complaint asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Expres...

Excerpt: ...ion was filed by Plaintiffs MARIA FLORES DE AREVALO and MAURICIO AREVALO ("Plaintiffs"). Plaintiffs alleges that Defendant AMERICAN HONDA MOTOR CO„ INC. ("Defendant' or "Honda") did not disclose and actively concealed a defect knowm as the "Transmission Defed' affecting Plamtiffs Plaintiffs' 2019 Honda Pilot vehicle. (See e.g„ Complaint "[11-63.) Plamtiffs' Complaint asserts the following causes of action: (1) Violation of Song-Beverly Act (B...

Excerpt: ...gligence and elder abuse/willful misconduct (Case No: 22STCV09160). The underlymg action was compelled into arbitration on June 15, 2022 per stipulation ofthe parties. Decedent died on August 24, 2017. On October 25, 2022, Plaintiffs, as the surviving heirs and/or successors in interest of Decedent filed the instant action for wrongful death. The Court notes that the instant case and the underlymg case were deemed not related on November 7, 2022....

Excerpt: ...on was denied without prejudice on August 2, 2022. This Court agrees, and will proceed on the merits. The Agreement containing the subject Arbitration Clause was executed by Decedent and a Representative for the Defendant, and states: "By signing below, you agree that any and all claims and disputes arising from or related to this Agreement or to your residence, care or services at Lakewood Park Manor...including, without limitation, personal inj...

Excerpt: ...sponses to Request for Production of Documents (set one) Nos. 16, 17, 18, 19-32, 33, 37-41, and 45- 46. On April 28, 2023 (prior to the date the instant Motion was filed), Defendant filed its Opposition. In Opposition, Defendant argues that Plaintiffs requests are overbroad and seek irrelevant information. Defendant further indicates that supplemental documents responsive to the subject requests were served on March 17, 2023. CCP S 2031.310 allow...

Excerpt: ...f') on Januaty 24, 2023. Plaintiff alleges that she is over 65 years of age and has been the title owmer of the Subject Property located at 14322-28 Corby Ave„ Norwalk, CA ("Subject Property") since April 24, 2018. Plamtiff alleges the following relevant facts: "On or about August 11, 2005, Plaintiff and her late husband Fernando C. Garcia entered into a contract with Defendants Abutin for the purchase of the Subject Properv. Pursuant to the te...

Excerpt: ...endants Sedrak and O&C Hillside Management Co. ("O&C Hillside") move to quash the March 17. 2023 subpoena and for a protective order pursuant to CCP S1987_1 On June 21 , 2021 , Plaintiff, the Windmill Co., Inc., filed an action against Fayez Sedrak and O&C Hillside Resources Management Co., alleging Breach of Contract, Breach of Implied Covenant of Good Faith and Fair Dealing, and Declaratory Relief. Plaintiff alleged that on January 3, 2020, Pla...

Excerpt: ...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. On further information and belief, Defendant Brightview Tree Care Services Inc., performed tree trimming and related arborist maintenance at or near the subject PREMISES on March 5, 2021. Because of Defendant the City of Cerritos' and Defendant Brightview Tree Care...

Excerpt: ... Service, Inc. demurs to the complaint ground that the claims fail to state facts sufficient to cnnstitute a cause of action. Plaintiffs Gloria Granados and Hector Jimenez allege that "[o] n December 28, 2018, Plaintiffs entered into a warranty contract with MERCEDES-BENZ regarding a 2019 Mercedes-Benz C-Class, VIN: 55SWF8DB2KU294717, ("the SubjectVehicle"). The terms of the express warranty are described in full in Exhibit 1." (Complaint 14.) "D...

Excerpt: ...ICE. Demurrer Cross-Defendant George Makary demurs to the ISt cause of action of the First Amended Cross-Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action, and is uncertain. The Complaint filed by Plaintiff Makary alleges that Plaintiff purchased the subject real property from Jazmine Vazquez, who vacated the premises on December 17, 2021. (Complaint, II 4.) At the time, Defendant Guillermina Vazquez...

Excerpt: ...tain. This is a real property dispute between two adjoining land owners. Defendant Rosalba Avalos owns real property located at 7523 Muller Street, Downey California. Plaintiff Ruben Dominguez owns the adjoining property located at 7531 Muller Street, Downey California The property in dispute is a strip of land that is approximately 3 feet wide by 120 feet long that is located within Avalos's property boundary line, and which borders Dominguez's ...

Excerpt: ...arbitration of Plaintiffs' claims and a stay of this action. In Opposition, Plaintiff argues that the Motions should be denied because the Agreement was fraudulently induced, and is unconscionable. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP S 1281 "In California, [g]eneral prin...

Excerpt: ...laintiff) on April 27, 2022. On November 10, 2022, the operative First Amended Complaint ("FAC") was filed. Plamtiffs FAC asserts the following causes of action: (1) Dependent Adult Abuse; and (2) Professional Negligence. Defendant PIH HEALTH HOSPITAL action. — DOWNEY ("Defendant') generally demurs to the first cause of First Cause of Action - Dependent Abuse and Neglect A cause of action under the Elder Abuse Act must be alleged with particula...

Excerpt: ... least sixteen (16) court days before the next hearing. Any opposition and reply papers shall be sewed in accordance with the Code of Civil Procedure section 1005. Moving party to also give notice of this ruling. ound On November 14, 2022, Claimant Azara Price ("Claimant") commenced this action by filing a Petition to be Relieved From Government Code section 945.4 (the "Petition"), against Respondents The Civ of Los Angeles, The County of Los Ang...

Excerpt: ...e. On June 17, 2022, Defendant L RMC filed a cross-complaint against Cross- Defendants (1) AMN Healthcare, Inc.; (2) John Boyle, RNV (3) Bhavik Thakkar, MD; (4) Barugar Ravi, MD; (5) Arthur F. Gelb Medical Corporation, and MOEs 1 30 for (1) total equitable indemnity; (2) partial equitable indemnity; (3) contribution and repayment; and (4) declaratory relief. On July 13, 2022, LRMC substituted Meditec Staffing Company (Meditec) as MOE 1 On October...

Excerpt: ...as filed by Plaintiffs ROBERT W. HARROLD and MAUREEN M. HARROLD on April 10, 2023. The operative Complaint alleges, in pertinent part: "This lawsuit arises from the actions of Defendants in conspiring to steal Plaintiffs' home located at 9527 Ives Street Bellflower, California 90706 ('Subject Property' or 'Home').... " (Complaint 19.) Plaintiffs' Complaint asserts the following causes of action: (1) Fraud/Deceit; (2) Financial Elder Abuse; (3) Qu...

Excerpt: ...greement to arbitrate that was executed on Plaintiff's behalf by her self- appointed agent (Martha Pacheco) via an Advanced Healthcare Directive. In Opposition, Plaintiff argues that the Motions should be denied because the defendants moving to compel arbitration herein are non-signatories to the Arbitration Agreement at issue. Moreover, Plaintiff argues that Defendants have failed to meet their burden of proving the existence of a valid arbitrat...

Excerpt: ...intiffs”) on May 11, 2020. On May 26, 2021, the operative Second Amended Complaint (“SAC”) was filed. The relevant facts, as alleged, are as follows: “FARMERS issued an automobile insurance policy to RICO… effective on January 9, 2019.” (SAC ¶4.) “FARMERS also issued an Employment Practices Liability Policy to ACG… the retroactive date of this policy was March 21, 2019.” (SAC ¶6.) “On August 7, 2019, a traffic collision occu...

Excerpt: ...lleged, are as follows: “Plaintiff is in the business of providing consulting services including ‘finder' services in the equipment rental industry.” (Complaint ¶1.) “In or around July 2017, Plaintiff introduced Defendants to SUNBELT. Plaintiff alleges on information and belief that in or around June 2019, SUNBELT, a party introduced to KING by Plaintiff, purchased the KING business including the rental equipment fleet. Due to Defendant'...

Excerpt: ...iled on or before the hearing, the following analysis applies: Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possession. (CCP § 512.010(a).) The application shall include all of the following, which may be established by affidavit, pursuant to CCP § 512.101(b): 1. The basis of the plaintiff's claim that the plaintiff is entitled to possession; 2. A showing that the property is wrongfully detai...

Excerpt: ...Party to give NOTICE. Defendants Shah, Hassan and H.P. Palomino, Inc. (“Palomino”) demurs to the 1st – 2 nd causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. Complaint Plaintiff Abu Tahir alleges that Defendants Shah, Hassan, and Palomino owe Plaintiff a deferred salary in the sum of $155,250.00. (Complaint, ¶ 14.) Based thereon, the Complaint asserts causes of actio...

Excerpt: ... give Notice. This personal injury action was filed by Plaintiff DANNY TREJO, a minor (“Plaintiff”) against Defendant LOS ANGELES UNIFIED SCHOOL DISTRICT (“Defendant”) on November 22, 2022. Plaintiff alleges the following relevant facts: “Plaintiff was/is a disabled student at the Subject School with special needs, including the need for assistance in ambulating. An Individualized Education Program was in place for Plaintiff at all time...

Excerpt: ...ions of Defendant/Cross-Complainant MARIA VELEZ's First Amended Cross-Complaint is DENIED. Opposing Party to give notice. This quiet title action was filed on January 27, 2022. On November 7, 2022, the subject First Amended Cross-Complaint (“FAXC”) was filed. The FAXC alleges the following relevant facts: “Since Cross-Complainant did not qualify to refinance the property in order to remove her husband's name from the mortgages as per the ju...

Excerpt: ... III. Plaintiff I.H.'s motion to compel further responses from Defendant Garcia as to special interrogatories, set two, nos. 9-13 is DENIED. No sanctions. Opposing Party to give NOTICE. Plaintiff IH moves to compel further responses to interrogatories pursuant CCP § 2030.300. Plaintiffs' operative Second Amended Complaint (“SAC”) alleges that Plaintiff was a ninth-grade student at the Elizabeth Learning Center (“ELC”) during the 2018-201...

Excerpt: ...he alternative, summary adjudication, pursuant to CCP § 437c. EVIDENTIARY OBJECTIONS PTS's objection nos. 1-5 are overruled. COMPLAINT This action is brought by Plaintiff Mario Tejado, against Defendant Premium Transport Staffing, Inc. who employed Plaintiff as a driver. Plaintiff had to care for his brother who experienced a medical emergency. When he returned on December 22, 2017, Plaintiff found he was no longer on the schedule. (Complaint, �...

Excerpt: ...between you and Tameem Alhayya, M.D 2. All documents reflecting the payment of money by you to Tameem Alhayya, M.D. at any time since August 1, 2019; 3. All documents reflecting the basis for calculation or accrual of any amount of money by you to Tameem Alhayya, M.D_, at any time since August 1, 2019. "If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things befo...

Excerpt: ...efault or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written no...

Excerpt: ...nc. [and Defendant Granados and Defendant Southern California Edison, by joinder] moves to challenge Defendant Serrano's application for good faith determination pursuant to CCP S 877.6 Procedural History This is a consolidated action involving: 1) Carina Solares v. Lene Granados et al (Case No. 21STCV4604 — LEAD case); 2) Adriana Serrano v. Lexie Granados et al. (Case No. 21STCV39337); and 3) Lexie Granados v. Adriana Serrano (Case No. 21 STCV...