Excerpt: ... to the 1 st - 3rd and 5 th causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. The Complaint alleges that “[o]n May 31, 2021, Plaintiff, a pregnant young woman, was dining inside Defendants' PREMISES, and unbeknownst to Plaintiff, one of the chairs inside Defendants' PREMISES was defective, and as Plaintiff sat down on one of those chairs, the ("CHAIR") 'collapsed" and as ...

Excerpt: ...ause of action. This action was filed by Plaintiff Skinner by and through his guardian ad litem, Brenda Nonette on 6/9/20, and was amended twice. The operative Third Amended Complaint (“TAC”) alleges that Skinner was an invitee of Defendant Downey High School on 1/14/20, when he was summoned to the boys gymnasium by another student where 20 or more students from the Varsity football team attacked and beat him. (TAC, GN-1.) Plaintiff was able ...

Excerpt: ... that the 1 st, and 4 th – 7 th causes of action fail to state facts sufficient to constitute a cause of action and are uncertain. As an initial matter, the court notes that Plaintiff's Opposition is 33 pages long. Plaintiff is reminded of the 15-page limitation pursuant to CRC 3.113(d). This court will overlook this transgression once. In the future, if any memorandum exceeds this page limit, the court will not consider the papers. The First A...

Excerpt: ...iff John Manuel Hernandez, Jr. (“JMH”) was attending a Whittier Girls Softball League event. Plaintiffs allege that at the event, Hernandez “was approached by TONY AVILA [Avila] in a belligerent manner…. As the manner of AVILA continued to escalate, JMH yelled for the League President MOSES GALICIA [Galicia] to intervene. He arrived and placed himself in between AVILA and JMH. AVILA was able to initiate physical contact by grabbing JMH, w...

Excerpt: ...the court lacks personal jurisdiction over Defendant. The Complaint alleges that “[o]n or about December 2, 2022, Defendant SCOTTY and SON TOWING, COLLISION and AUTO REPAIR, entered into a repair contract with Plaintiff providing for installation of an engine assembly into Plaintiff's 2017 Dodge Ram Power Wagon together with front bumper and radiator repairs.” (Complaint, ¶ 7.) “As a result of the work by Defendant the vehicle is now in wo...

Excerpt: ...tion of Privilege and Motion to Compel Testimony for hearing on September 22, 2023 is DENIED. Plaintiff/Cross-Defendant SAADIA SQUARE, LLC (“Saadia”) filed this action against numerous Square Mile and All-Ways entities (collectively “Defendants”) for: (1) Breach of Contract; (2) Breach of Covenant of Good Faith and Fair Dealing; (3) Intentional Interference; (4) Specific Performance and Injunctive Relief; and (5) Declaratory Relief. Saadi...

Excerpt: ...3, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act. Defendant NISSAN NORTH AMERICA, INC. (“Defendant” or “Nissan”) 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 agreement to arbitrate between the ...

Excerpt: ...le was defective and attempts to repair the vehicle failed to cure the defects. On October 27, 2022, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act. Defendant NISSAN NORTH AMERICA, INC. (“Defendant” or “Nissan”) now seeks to compel arbitration under the Retail Installment Sales Contract (“RISC”) and its accompanying arbitration agreement. Arbitration Agreement Parties may be compelled to arbitrat...

Excerpt: ...ntiff alleges that GENERAL MOTORS, LLC. (“Defendant” or “GM”) did not disclose and actively concealed defects involving GM's Transmission Defect affecting Plaintiff's 2020 Chevrolet Silverado vehicle. (See e.g., FAC ¶¶4, 10, 12, 13, 24, 25.) Plaintiff's FAC asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Express Warranty; and (2) Violation of Song-Beverly Act- Breach of Implied Warranty; (3) Violatio...

Excerpt: ...dividual; and T.M. an individual (collectively “Plaintiffs”) against Defendants ABC UNIFIED SCHOOL DISTRICT; BOARD OF EDUCATION FOR ABC UNIFIED SCHOOL DISTRICT; ZAKARIYA MAHMOUND, an individual; J.D., a minor; J.P., a minor; and DOES 1-20 (collectively “Defendants”) on March 17, 2023. Plaintiffs allege that “[o]n March 11, 2022, John Doe was sitting in his 4th period class at Cerritos High School (‘CHS') when 3 fellow District student...

Excerpt: ...nts contained therein. (Cal. Ev. Code §452.) This breach of contract action was filed by Plaintiff/Cross-Defendant TIANYI INTERNATIONAL TRADE, INC. (“Cross-Defendant” or “Tianyi”)) against Defendant/Cross-Complainant SH, LLC (“Cross- Complainant” or “SH”) and Defendant HUA LIU on October 17, 2022. On March 7, 2023, the subject Cross-Complaint (“XC”) was filed by Cross-Complainant SH, LLC. The XC alleges the following relevant...

Excerpt: ...g a Vortex Air Fryer broke causing the box to fall on Plaintiff while she was carrying it. Plaintiff alleges she was carrying the air fryer to her car after she purchased it from Defendant. Plaintiff brings causes of action for: I. General Negligence II. Products Liability – Manufacturing Defect III. Products Liability – Design Defect IV. Negligence – Failure to Warn V. Negligence – Recall/Retrofit Legal Standard The party against whom a ...

Excerpt: ...mericans with Disabilities Act (ADA). Plaintiff uses a cane and walker for mobility and alleges he visited Defendant's place of business in Huntington Park and observed violations of the ADA concerning the parking lot. Legal Standard CCP §§ 2030.300 and 2031.310 allow a party to file a motion compelling further answers to interrogatories and document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection i...

Excerpt: ... June 3, 2021 and the return of possession of the commercial property. Thereafter, Plaintiff issued a deposition subpoena for bank records from Third-party Vivera Bio. Plaintiff contends that Vivera Pharmaceuticals and Vivera Bio are “a single entity with overlapping management and commingled finances.” (Opposition, p. 2.) Vivera Bio argues that the deposition subpoena should be quashed because Plaintiff failed to seek a court ordered debtor ...

Excerpt: ...ging Battery, Negligence, Intentional Infliction of Emotion Distress, and Negligent Hiring for an alleged incident involving a security guard injuring Plaintiff on October 4, 2019. Plaintiff has since added numerous parties by way of Doe Amendments. Legal Standard “If a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court,” the court may “order quashing the subpoena entirely, mo...

Excerpt: ...y a Stay should not be reinstated is set for November 7, 2023 at 9:30 am in Dept. C. No briefing is required, but if the parties choose to file briefs, they will be limited to five pages, and must be filed at least 9 court days prior to the OSC hearing. Moving parties to give NOTICE. Defendants Baschung and DTLA Real Estate, Inc. moves for summary judgment, or alternatively, for summary adjudication pursuant to CCP § 437c. Procedural History On ...

Excerpt: ... grounds that they fail to state facts sufficient to constitute a cause of action, and are barred by the one-year statute of limitations. The Complaint alleges that Decedent suffered ulcers and wounds while in the care of Defendants, resulting in his death. Based thereon, the Complaint is pled against Defendants Norwalk Community Hospital, Alta Los Angeles Hospitals, Inc., Bellflower Post Acute, 9710 Artesia, LLC, Mesa Verde Post Acute, Mesa Verd...

Excerpt: ...art and MOOT in part. Opposing Party to give Notice. This breach of contract action was filed by Plaintiff ACCENTIAN, INC. (“Plaintiff”) on October 8, 2021. On February 2, 2023, the operative Fourth Amended Complaint (“4AC”) was filed. The 4AC alleges the following relevant facts: “Plaintiff is a licensed cannabis manufacturing company specializing in the extraction of butane hash oil, which sells wholesale and directs a variety of cann...

Excerpt: ... PROCESSING COMPANY; CHRISTINE CAMPOS; and JOSE LOZANO (collectively “Defendants”) on December 30, 2022. Plaintiffs allege that “Plaintiffs and Defendants entered into an agreement to perform a home improvement renovation project at Plaintiff's Property located at 9330 Mines Avenue, Pico Rivera, CA 90660 (‘Property') on or about February of 2021, based on a verbal communications and representations about work to be performed. (‘Contract...

Excerpt: ...VICTOR C. CHARNETSKY, an individual and co-trustee of THE FAMILY TRUST OF VICTOR C. CHARNETSKY AND LETICIA L. CHARNETSKY; and CREWE STREET ACQUISITION, LLC (collectively “Plaintiffs”) against Defendants ROBERT MICHAEL ARONSON; and the LAW OFFICE OF ROBERT M. ARONSON (“Defendant” or “Aronson”) on April 13, 2023. The relevant facts, as alleged, are as follows: “Plaintiffs are creditors of non-parties Brian Buenviaje (‘Brian') and Ro...

Excerpt: ...an Honda Motor Co. (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle. 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 an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (C...

Excerpt: ...fendant for discrimination, wrongful termination, and Labor and Government Code violations arising out of a workplace injury in July 2017. Plaintiff alleges that Norberto Garcia was his supervisor and Defendant's production manager for 25 years. Legal Standard “Any party may obtain discovery ... by taking in California the oral deposition of any person, including any party to the action. The person deposed may be a natural person, an organizati...

Excerpt: ...Assault; (2) Battery; (3) Sexual Battery; (4) Domestic Violence; (5) Corporal Injury to Spouse; (6) Gender Violence; (7) Ralphs Civil Rights Act; (8) Interference with Exercise of Civil Rights; (9) Intentional Infliction of Emotional Distress; and (10) Negligence stemming from alleged abuse against Plaintiff Winter beginning in 2017 and several instances of abuse against Plaintiff Doe. Legal Standard “When it appears to the court, at any time b...

Excerpt: ...ente Medical Group (Kaiser Defendants) for Negligence and Violation of the Emergency Medical Treatment and Active Labor Act, and against Chapman House, Inc., RRM Properties, LTD, Robertson's Ready Mix, LTD, Sean Aufmuth, and Nancy Dickson for Negligence. The claim arises from the death of Plaintiff's son Frank Campos during a transfer from a Kaiser's inpatient psychiatric unit to Chapman House's mental health facility. Legal Standard CRC, rule 3....

Excerpt: ...an order compelling further responses and compliance with its Requests for Production. Background Plaintiff Global Med Group, LLC (Plaintiff) filed a Complaint against Defendant for an alleged breach of contract arising out of an order of 20,188,000 protective face masks in 2020. Legal Standard “On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further respon...