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