Excerpt: ...t Defendants Inclusion Services, LLC; Inclusion Specialized Supporting Living Services, LLC; and the State of California on January 29, 2020. On June 3, 2021, a First Amended Com plaint (“FAC”) was filed. The FAC was amended on January 10, 2023 to name Tri -Counties Regional Center (“TCRC”) and Eastern Los Angeles Regional Center for the Developmentally Disabled, Inc. (“ELRC”) as defendants. On October 27, 2023, the operative Second A...

Excerpt: ...��Plaintiff”) on September 15, 2023 . 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 2021 Honda Accord vehicle. (See e.g., Complaint ¶¶8, 24.) Plaintiff's Complaint asserts the following causes of action: (1) Violation of Song -Beverly Act (Breach of Express Warranty); and (2) Fraudulent Inducement �...

Excerpt: ...nort (Plaintiff) seeks to compel further responses to his Requests for Production (set one) and Form Interrogatories (set one). Plaintiff and Defendant State of California (the State) seek sanctions. Background This is a single motor vehicle accident which occurred when Plaintiff drove his motorcycle on Beverly Boulevard to enter the on- ramp of Interstate 605. Plaintiff alleges he was thrown from his motorcycle when it made contact with a drop- ...

Excerpt: ...lly assaulted by his teacher, Frederick David Johnson while he was a student at Bell Gardens High School during the 1990- 1991 school year. Plaintiff filed a Second Amended Complaint pursuant to Assembly Bill 218 (AB 218), for: 1. Negligence (against Defendant) 2. Negligence (against DOES 2 -25) 3. Negligent Hiring (against Defendant) 4. Negligent Hiring (against DOES 2 -25) Defendant filed a Cross- Complaint against Frederick David Johnson for T...

Excerpt: ... Contract (RISC) to finance their purchase of a 2018 Honda Civic from Honda World. Plaintiffs contend that the vehicle was defective an d attempts to repair the vehicle failed to cure the defects. Plaintiff filed a Complaint against Defendants Nissan and Cerritos Nissan alleging violations of the Song- Beverly Act. Defendant now seeks to compel arbitration under the RISC and its accompanying arbitration agreement. The arbitration provision in the...

Excerpt: ...deposing Councilmembers Bruce Barrows, Naresh Solanki, and Choung Vo. Background This is a trip and fall case. The operative First Amended Complaint (FAC) alleges: “Plaintiffs are informed and believe and, based on 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. Plaintiffs allege Defendant Brightview Tree Care ...

Excerpt: ...tion to Compel Further Responses to Form Interrogatories (set two) from Plaintiff MINGHUI TANG is GRANTED. Moving Party to give Notice. This action was filed by Plaintiffs ZHIKUI JIANG and MINGHUI TANG (collectively “Plaintiffs”) on August 20, 2020. On February 18, 2021, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges that in 2018, Plaintiffs were foreign owners and sellers of certain real properties in the Unite...

Excerpt: ...slado and his nephew Plaintiff Erik were looking to purchase an investment property…. It was agreed between the family members that the money for the purchase of the property would be put in by all of them but Genaro and Gustavo transferred all of their rights concerning this case to the Plaintiffs. When looking for an agent, Erik was referred to Defendant Karen…. Erik got into contact with Defendant Karen who ten referred Erik to speak to De...

Excerpt: ...chment against Defendant MEDMEN ENTERPRISES, INC. (“Defendant”) in the amount of $234,543.18. “The application [for a writ of attachment] shall be supported by an affidavit showing that the plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based.” (CCP §484.030.) “The declarations in the moving papers must contain evidentiary facts, stated ‘with particularity' and based on actu...

Excerpt: ...and For Production of Documents (set one) is DENIED. IV. Plaintiff DAVID J. LEE's Motion to Compel Defendant NELLIS BUILDING SERVICE, INC.'s Further Responses to Special Interrogatories (set one) is DENIED. Opposing Party(s) to give Notice. No Replies filed as of February 5, 2023. Due by February 1, 2023. (CCP §1005(b).) This wrongful termination action was filed by Plaintiff DAVID J. LEE (“Plaintiff”) against Plaintiffs BASE HILL, INC. (“...

Excerpt: ...cond Amended Complaint (SAC). Background Plaintiffs filed the SAC in the individual capacity and as successors in interest against Defendants LBJ Healthcare Partners, Inc., Special Service For Groups, Inc., Amada Enterprises, Inc., and Linda Torres for claims arising out of the death of their daughter Nicole Lacea Higgins (Decedent) after she was admitted to Defendants' mental health facility by her conservator. Decedent alleged was allowed to le...

Excerpt: ...ges that Defendant City of Hawthorne (Defendant) lacked probable cause to arrest Plaintiff for a violation of the Vehicle Code §10851(A). The Complaint asserts the following causes of action: (1) Violation of Civil Rights for Unlawful Seizure and Arrest; (2) Violation of Civil Rights: Entity Liability; (3) False Arrest/False Imprisonment in Violation of Penal Code §236; (4) Negligence; and (5) Government Code Violation. On August 23, 2023 Defen...

Excerpt: ...sustained from an alleged assault and battery which occurred on October 1, 2020, while Plaintiff was responding to Defendant Doe's mental health emergency as part of a local medical response team. Plaintiff alleges that she was approached by Defendant Doe while Defendant Doe was in an erratic and altered state upon arrival at the scene. Defendant Doe assaulted Plaintiff while Plaintiff was waiting at the entrance to Defendant Doe's residence. (Co...

Excerpt: ...r 3, 2022, Plaintiff filed a Complaint against Defendant Volkswagen Group of America (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle and against Irvine Auto Retail II, Inc. (Irvine Auto) for negligent repair. 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 eva...

Excerpt: ...eek sanctions. Background On October 24, 2022, Plaintiffs filed a Complaint against Defendant American Honda Motor Co., Inc. (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle and Fraudulent Concealment. 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...

Excerpt: ...urchaser of a 2020 Honda Pilot (the “Subject Vehicle”), which was distributed and warranted by Defendant AMERICAN HONDA NORTH AMERICA, INC. (“Defendant”). Legal Standard A party may make a demand for production of documents and propound interrogatories without leave of court at any time 10 days after the service of the summons on, or appearance by, the party to whom the demand is directed, whichever occurs first. (Code Civ. Proc., § 2031...

Excerpt: ...ir. Since December 14, 2022, Ford set Plaintiff's deposition six times. A year later, Plaintiff still has not appeared for his deposition. Despite Ford's multiple attempts to obtain this essential discovery, Plaintiff has failed to appear for his properly noticed deposition. On December 14, 2022, Ford sent Plaintiff a meet and confer requesting dates for Plaintiff's deposition. (Exhibit “A”; Declaration of Ravi K. Lally {“Lally Decl.”} ¿...

Excerpt: ...n June 15, 2023, Plaintiffs Michael Thalkan and Brandi Thalken initiated this action asserting a cause of action against Defendant Ford Motor Company under the Song-Beverly Consumer Warranty Act (“Act”) for breach of express warranty, a second cause of action for fraudulent concealment against Ford Motor Company, and a third cause of action for negligent repair against Santa Margarita Ford. The Complaint alleges that on June 30, 2020, Plainti...

Excerpt: ...5 years old. Plaintiff alleges she was subjected to ongoing grooming and multiple sexual assaults by Defendant Charles “Chuck” Drylie, a Whittier police officer designated as a Supervising Law Enforcement Police Explorers Advisor. On February 4, 2022, Plaintiff sued Defendants Drylie and the City of Whittier for Negligence, Negligent Training and Supervision, Sexual Battery, Sexual Harassment, and Gender Violence. On August 25, 2022, Plaintif...

Excerpt: ...RADOSLAV RAYCHEV, I, M.D. and Does 1 to 100 on June 24, 2021. On June 17, 2022, Lakewood Regional Medical Center, Inc. filed a Cross-Complaint against various cross-defendants, including Moving Party Defendant/Cross-Defendant BHAVIK THAKKAR, M.D. (“Dr. Thakkar” or “Defendant”). On July 24, 2023, Plaintiffs filed a Doe Amendment naming Dr. Thakkar as a defendant in the Complaint. Plaintiffs' allege that Defendants breached their duty of ca...

Excerpt: ... against Defendants alleging: 1. Violation of Civil Code § 2923.6(f) 2. Violation of Civil Code § 2924.10 3. Violation of Civil Code § 2923.7(a) 4. Breach of Contract 5. Breach of Good Faith and Fair Dealings 6. Unfair Business Practices Plaintiff alleges as follows. He is the legal owner of real property commonly known as 228 North Hicks Ave., Los Angeles, CA 90606 (the Property). Plaintiff claims that, in exchange for a loan, he signed the p...

Excerpt: ...ndants Affluent Staffing, LLC and Office Chairs, Inc. 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 If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issu...

Excerpt: ...t the City of Norwalk (the City) for personal injuries from a Dangerous Condition of Public Property. Plaintiff alleges that while she was working as a cross guard outside of Glazier Elementary School, she tripped and fell over uneven pavement. The City filed a Cross-Complaint against Cross-Defendant Norwalk La Mirada School District (La Mirada) for Equitable Indemnity, Contribution, Apportionment, and Declaratory Relief. La Mirada filed a Cross-...

Excerpt: ...ud in the First Amended Complaint (FAC) and moves to strike the request for punitive damages. Background Plaintiffs Evelyn Celeste Garcia and Angel Olmeda Juarez filed a FAC against Defendant alleging that it violated the Song-Beverly Act and fraudulently induced Plaintiffs into purchasing a 2021 Chevrolet Silverado manufactured by Defendant. They allege that Defendant knew about a transmission defect and knew that the transmission installed in P...

Excerpt: ...020, SM Logistics Rialto LLC (“SM Rialto”) entered into a lease with RD Real Estate Holdings, LLC f/k/a Rialto Holdings, LLC (“RH”) which gave RH the exclusive option to purchase the Property. (FAXC, ¶ 47.) Promptly after execution, a memorandum of the lease and option was recorded. (Id.) Saadia Square, LLC (“Saadia”) participated in and was apprised of SM Rialto's negotiations to enter into a lease and option with All- Ways. (FAXC, ...

Excerpt: ...S ANGELES, negligently collided into Plaintiff's vehicle. The collision occurred on December 9, 2021. Based thereon, Plaintiff brings a single cause of action for Negligence seeking property damages and damages for medical and related expenses. Judicial Notice California Evidence Code section 452(c) authorizes judicial notice of “[o]fficial acts of the legislative, executive, and judicial departments of the United States and of any state of the...

Excerpt: ...Defendant”). Defendant was a tenant of the premises Plaintiff used to own and sold to a third party in October 2022. Under the agreement between Plaintiff and the third-party buyer, Plaintiff was to collect unpaid rents from Defendant until the month of October 2022. (Chang Decl. ¶ 5- 6; Ex. A.) Plaintiff engaged an attorney in or around March 2023, and on March 16, 2023, Defendant promised that he would pay the sum on or before April 12, 2023...

Excerpt: ...ants”) provided negligent care to her son Gerardo Lorenzo Molina (“Decedent”) in the Whittier Hospital Medical Center emergency department, resulting in his death two days later. Defendants move for summary judgment based upon the declaration of their expert witness who opines that neither Dr. Yeh nor Mr. Panlilio breached the standard of care at any time. Plaintiff's opposition is based upon the declaration of her expert witness who opines...

Excerpt: ...ike Thompson RV. Plaintiffs, KENNETH B. HORTON and CHRISTINA DUDKA (hereinafter "Plaintiffs") filed their Complaint with the Los Angeles County Superior Court on August 2, 2022. The Complaint asserts three causes of action under the Song-Beverly Consumer Warranty Act ("Song-Beverly") against Defendants Winnebago Industries, Inc. ("WNB"), Mercedes-Benz USA, LLC ("MBUSA"), and Mike Thompson RV 1 ("MTRV"): (1) Breach of Express Warranty; (2) Breach ...

Excerpt: ...lus Ellis and Counsel, jointly and severally, in the reduced amount $2,732.50, payable within 30 days. Plaintiff to give notice. Defendant Blue Atlantic Partners, LLC moves for an Order to Set Aside Entry of Judgment due to mistake and/or excusable neglect. (CCP § 473(b).) Plaintiff Teachers Insurance and Annuity Association of America (“Plaintiff”) moves for an order compelling Defendant Marcellus Ellis to appear and testify at his depositi...

Excerpt: ...��) and O&C Hillside Resources Management Co. (“O&C Hillside”), alleging Breach of Contract, Breach of Implied Covenant of Good Faith and Fair Dealing, and Declaratory Relief. In a First Amended Complaint filed on February 6, 2023 (“FAC”) Plaintiff alleged that on January 3, 2020, Plaintiff entered into a Sale of Business agreement with O&C Hillside to purchase the business known as ARCO AM PM 6545 located at 13550 Beach Blvd, La Mirada, ...

Excerpt: ...Background This lawsuit concerns an alleged sexual abuse and harassment of Plaintiff Alexis L. by Defendant Scott Waln, a teacher at Los Alisos Middle School within the school district of Defendant Norwalk/La Mirada Unified School District, during the 2019-2020 school year. Defendant seeks an order compelling Plaintiff to sign authorizations for release of records, Plaintiff's treating physicians release of records, or an order excluding Plaintif...

Excerpt: ...e Villegas Defendants and the Moving Defendant are not similarly situated. It is unclear how the arguments applicable to the Moving Defendant would also identically apply to the Villegas Defendants, and the Villegas Defendants fail to assist the Court in understanding how the arguments raised by the Moving Parties can be attributed to the Villegas Defendants as well. The Villegas Notice of Joinder merely states: “[The Villegas Defendants] hereb...

Excerpt: ...ith VGA regarding a 2021 Volkswagen JETTA SEDAN… (‘the Subject Vehicle')….” (Complaint ¶16.) “Defects and nonconformities to warranty manifested themselves within the applicable express warranty period. The nonconformities substantially impaired the use, value and/or safety of the Subject Vehicle.” (Complaint ¶17.) “VGA was unable to conform the Subject Vehicle to the applicable express warranty after a reasonable number of repair...

Excerpt: ...ntiff for a violation of the Vehicle Code §10851(A). The Complaint asserts the following causes of action: (1) Violation of Civil Rights for Unlawful Seizure and Arrest; (2) Violation of Civil Rights: Entity Liability; (3) False Arrest/False Imprisonment in Violation of Penal Code §236; (4) Negligence; and (5) Government Code Violation. On August 14, 2023 Defendant County filed the subject Answer (“Answer”) to Plaintiff's Complaint. In it's...

Excerpt: ...UTION & DELIVERY (“Plaintiff”) applies for a writ of attachment against Defendant GE UNITIED TECHNOLOGIES, LLC (“Defendant”) in the amount of $112,338.99. At the hearing, the court shall consider the showing made by the parties appearin g and shall issue a right to attach order, which shall state the amount to be secur ed by the attachment determined by the court in accordance with Section 483.01 5 or 483.020, if it finds all of the follo...

Excerpt: ...gainst Defendant Volkswagen Group of America (Volkswagen) for Violation of the Song-Beverly Act and the Magnuson-Moss Warranty Act and against Audi for Negligent Repair. Plaintiff purchased a 2021 Audi Q3 on November 25, 2020 and presented the vehicle to Audi for repairs. Specifically, Plaintiff alleges that “Plaintiff delivered the Subject Vehicle to Defendant AUDI for substantial repair on at least one occasion.” (Compl. ¶ 56.) “Defendan...

Excerpt: ...aintiff Everytable, PBC's (Plaintiff) First Amended Complaint (FAC) and move to strike portions of the FAC. Background Plaintiff filed a First Amended Complaint alleging breach of a sublease between Plaintiff (Sublessee) and Defendant MJ Global (Sublessor) for a portion of real property commonly known as 3305 East Vernon Avenue, Vernon, CA 90058. Plaintiff alleges that it was fraudulently charged for common area maintenance expenses, operating ex...

Excerpt: ...ntiff/Cross-Defendant GA Technical Services, Inc. (GATS) demurs to Defendant/Cross-Complainant City of Pico Rivera's (the City) Cross- Complaint. GATS argues that the Third Cause of Action for Negligence, the Fifth Cause of Action for Fraud, and the Sixth Cause of Action for California False Claims Action Violations fail to state facts sufficient to constitute causes of action and are uncertain. Background GATS filed this action against the City ...

Excerpt: ..., 2023, Plaintiffs filed a Complaint against Defendant American Honda Motors (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle. Evidentiary Objections Plaintiff's objections Nos. 1-14 are overruled. Legal Standard “Except as provided in subdivision (d), if a party then fails to obey an order compelling inspection, copying, testing, or sampling, the court may make those orders that...

Excerpt: ... Common Counts related to allegedly unpaid invoices in the amount of $703,484.00 for goods provided to Defendants by Plaintiff. Plaintiff alleges that Defendants failed to make payments from November 24, 2021 to June 2, 2022. Plaintiff attached the invoices to its Complaint. Legal Standard A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the...

Excerpt: ... Civ. Proc. §§ 1790, et seq.) arising out of Plaintiff Ana Teresa Garcia's (“Plaintiff”) purchase of a 2022 Honda Civic, bearing the VIN 2HGFE2F50NH516826 (the “Subject Vehicle”) on or around August 6, 2021. The Subject Vehicle was sold to Plaintiff with express and implied warranties from Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant”). During the warranty period, Plaintiff has alleged that the Subject Vehicle contained or d...

Excerpt: ...iners from the ports in Los Angeles County to Plaintiff's warehouses and the conversion of a shipping container that defendants picked up at the port, but allegedly did not deliver to Plaintiff. The Judicial Council form complaint alleges causes of action for breach of contract, common counts, conversion, fraud, and negligent misrepresentation against Tim Childress, 10PL Axelavate Logistics, LLC and Axelavate Transportation, LLC (“collectively,...

Excerpt: ...aim for punitive damages. Background Plaintiff Jose Luis Velasco (“Plaintiff”) alleges Defendant General Motors, LLC. violated the Song-Beverly Act and fraudulently induced Plaintiff into purchasing a 2017 Chevrolet Colorado manufactured by Defendant. Plaintiff alleges Defendant knew about a transmission defect in 2015 and knew that the transmission installed in Plaintiff's vehicle had that defect, which caused sudden and premature failure. L...

Excerpt: ...ded Complaint (“FAC”) was filed. Plaintiffs allege that “[t]his dispute concerns [a] crane accident that occurred at the property owned by the Plaintiffs located at 6133 Hersholt, Lakewood, CA 90712 (‘Property'). [¶] Ms. Nijinsky is unfortunately suffering from the effects of cerebral palsy and the side effects of treatment. [¶] On her doctors order to stay active, Ms. Nijinsky soon realized that water exercises and swimming were greatl...

Excerpt: ...lflower, CA 90706. The property sold on March 21, 2023 for $832,000.00. Legal Standard Under CCP § 873.820, the proceeds of sale for any property sold shall be applied in the following order: (a) Payment of the expenses of sale. (b) Payment of the other costs of partition in whole or in part or to secure any cost of partition later allowed. (c) Payment of any liens on the property in their order of priority except liens which under the terms of ...

Excerpt: ... Decedent, LESTER DALE BILES, and/or as administrator or executor of the Estate of Lester Dale Biles (“Plaintiff”) on September 28, 2022. On October 5, 2023, the operative First Amended Complaint (“FAC”) was filed. Plaintiff alleges “LESTER DALE BILES (‘DECEDENT') died on May 16, 2021, from injuries sustained while a patient at KINDRED HOSPTIAL WESTMINSTER…. [¶] DECEDENT also sustained injuries while a patient at MESA VERDE POST AC...

Excerpt: ...ause of action. Background Plaintiff Juan Andrade, by and through his successor in interest, Maria Andrade, filed a Complaint alleging Elder Abuse and Negligence against Defendants Morado and La Mirada Healthcare (La Mirada) (collectively Defendants) and Violation of Patient's Bill of Rights against Defendant La Mirada. Plaintiffs Maria Andrade and Benny Andrade alleged a Wrongful Death cause of action against Defendants. Erwin Andrade and Luz Ho...

Excerpt: ...rounds that it fails to state a cause of action. Background Plaintiffs filed a Complaint against the Toyota Defendants, Defendant Daniel Alejandro Tomelic Ortiz (Ortiz), Uber Technologies, Inc., Raiser, LLC, and Raiser-CA, LLC (collectively the Uber Defendants) for negligence and against the Toyota Defendants and Uber Defendants negligent hiring and supervision. The Complaint arises from a motor vehicle accident which occurred on December 1, 2021...

Excerpt: ...omplaint against Defendant for 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. (CCP § 2031.3...

Excerpt: ..., Plaintiff filed a Complaint against 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 confe...

Excerpt: ...eby VACATED. The dates already set in the Subject Action remain set. Moving Party to give Notice. Trial courts may consolidate actions involving common questions of law or fact. (CCP §1048.) Consolidating actions does not affect the rights of the parties. Consolidation's purpose is to avoid unnecessary costs or delay, avoid procedural duplication, particularly in proof or issues common to both actions, and avoid inconsistent results by hearing a...

Excerpt: ...ive Complaint alleges that: “Senior Operations contracted with King Data Services… in 2003 to provide document storage services…. The Contract required that King Data provide 30 days written notice before implementing a change in rates. The Contract had no set term for the length of the Contract or any penalty or break-up fee when the Contract or business relationship ended.” (Complaint ¶7.) Certified Records acquired King Data Services ...

Excerpt: ...tice. Defendant's Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This action was filed by Plaintiff EMERALD SEVEN, LLC (“Plaintiff”) on February 28, 2022, against Defendant CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION (“Defendant”). On June 20, 2023, Plaintiff filed the operative Second Amended Complaint (“SAC”), which asserts the following causes of action: (1) Declaratory Relief – Misclassification of Taxpay...

Excerpt: ...23, Defendant STIX HOLDINGS, LLC (“Defendant”) filed the subject First Amended Answer (“FAA”) to Plaintiff's First Amended Complaint (“FAC”). In the FAA, Defendant asserts a general denial, and eighteen affirmative defenses. Plaintiff now demurs to Defendant's FAA and concurrently moves to strike the factual denials and admissions contained therein. Demurrer Plaintiff's unopposed Demurrer to Defendant's first through seventh affirmati...

Excerpt: ... 2031.310. Background On November 14, 2022, Plaintiff filed a complaint against Defendant for 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...

Excerpt: ...r failure to repair or repurchase Plaintiff's vehicle. The parties met and conferred and filed a joint statement of remaining issues after stipulating to continuing the matter from December 13, 2023 to January 10, 2024. 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 o...

Excerpt: ... violation of the Song-Beverly Act. The parties have met and conferred regarding entering into a protective order and have agreed upon using the Los Angeles Superior Court Model Order (LASC Order) as the template for the protective order. Legal Standard “When an inspection, copying, testing, or sampling of documents, tangible things, places, or electronically stored information has been demanded, the party to whom the demand has been directed, ...

Excerpt: ... (“J&G”), Joel Dominguez, Jr. and Gabriela Dominguez (“Defendants”) entered into a written Equipment Finance Agreement (“EFA”) with Plaintiff ALLEGIANT PARTNERS INCORPORATED, a corporation (hereinafter referred to as “Plaintiff”) for the purchase of one (1) 2018 International Truck, Vehicle Identification Number 3HSDZAPR6JN440872, more specifically described in Equipment Schedule No. 129792 to the EFA (hereinafter referred to as �...

Excerpt: ...nitive damages. Background Plaintiffs Paola Cruz and Luis Fernando Cruz-Punzo (“Plaintiffs”) allege Defendant violated the Song-Beverly Act and fraudulently induced Plaintiffs into purchasing a 2018 Chevrolet Cruze manufactured by Defendant. They allege that Defendant knew about a transmission defect in 2014 and knew that the transmission installed in Plaintiffs' vehicle had that defect, which caused the shift to be too harsh or slip or flare...

Excerpt: ...fendants' Motion to Strike Punitive Damages is DENIED. III. Defendants' Motion to Strike Restitution is DENIED. IV. Defendants' Motion to Strike Unfairness allegations is GRANTED with 30 days leave to amend. Plaintiff to give notice. Background In the operative First Amended Complaint (“FAC”), Plaintiffs allege they are two hospitals (PIH Health Whittier Hospital and PIH Health Downey Hospital) that provided emergency medical services to pati...

Excerpt: ...he latter case was stayed on April 7, 2022, by Judge Nelson. In doing so, Judge Nelson wrote, “Nothing in this order stays the filing of an Amended Complaint pursuant to Labor Code Section 2699.3(a)(2)(C) by a plaintiff wishing to add a Private Attorney General Act (“PAGA”) claim.” On July 15, 2022, the parties stipulated to arbitration in the class action lawsuit. Then, on August 30, 2022, pursuant to the stipulation, Judge Nelson compel...

Excerpt: ... Cross-Complainants CHYAN-WEN JAN and CHING WEN CHEN, Plaintiffs and Cross-Defendants ERIC HSING SHOU HUANG and JENNY HUE JU LEE, Cross-Defendants INGRAM LIU and SOPHIE CHANG. GBP is managed by Liu and Chang, who also serve as the company's directors and CEO and CFO, respectively. In 2022, GBP's gross revenues exceeded 54 million dollars. GBP's largest customer is Plaintiff/Cross-Defendant FORMOSA FRESH CONNECTION, INC (“FFC”). Defendants/Cro...

Excerpt: ...ed collections action was filed by Plaintiffs CARGO EXPRESS GROUP, INC. and EAGLE FREIGHT LLC on April 11, 2022. On November 22, 2022, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges the following relevant facts: “On or about March 20, 2017, Plaintiffs' predecessor-in-interest Harbor Choice Express, Inc. (‘Harbor Choice') and defendant High Line entered into a Standard Industrial/Commercial Single Tenant Lease –...

Excerpt: ...This collections action was filed by Plaintiff/Cross-Defendant NATIONAL COMMERICAL RECOVERY, INC. (“Cross-Defendant”) on July 26, 2022. On September 15, 2022, a First Amended Complaint (“FAC”) was filed. On February 24, 2023, the subject Cross-Complaint (“XC”) was filed by Defendants/Cross-Complainants L.A. GRAND CLOTHING INC.; SSS APPAREL INC.; GUILBERT TEX, INC.; SM CLOTHING INC.; and SIAMIAK OKHOVAT, individually and as trustee of ...

Excerpt: ...epair or repurchase Plaintiff's vehicle. Evidentiary Objections Plaintiff's Objections Nos. 1-5 are overruled. Legal Standard “The court may, on motion, change the place of trial in the following cases … (a) When the court designated in the complaint is not the proper court.” (CCP § 397.) Discussion Here, Defendants argue that the case should be transferred to Orange County for trial because Orange County is a more convenient forum for the...

Excerpt: ...ron and Minors Athenna Gardea and Jinessa Careaga through their guardian ad litem Maurina Marilu Cintron (collectively “Plaintiffs”) filed a Complaint against Defendants for Motor Vehicle Negligence. Legal Standard “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, ...

Excerpt: ...issan Pathfinder from Cerritos Nissan. Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On February 16, 2023, Plaintiff filed a Complaint against Defendants Nissan and Cerritos Nissan alleging: 1. Breach of Express Warranty 2. Breach of Implied Warranty 3. Unfair Business Practices 4. Negligent Repair Defendant Cerritos Nissan was dismissed without prejudice on December 19, 2023. Def...

Excerpt: ...eave to File Late Claim Tentative Rulings: (1) GRANTED. The June 7, 2023 Order granting Plaintiff relief from the late claim in Case No. 22TRCP00420 is deemed to be not enforceable against City of Hawthorne in this action because they had no Due Process notice and opportunity to be heard as to that application. Accordingly, if Plaintiff seeks relief from the City's denial of the late claim it will need to bring a new application in this action (o...

Excerpt: ...urt's previous order. Background 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 If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. (CCP § 2025.450(h); § 2030.290(c); § 2031.300(c).) “To the extent ...

Excerpt: ..., while she was responding to Defendant Doe's mental health emergency as part of a local medical response team. Plaintiff alleges that she was approached by Defendant Doe while she was in an erratic and altered state upon arrival at the scene. Defendant Doe assaulted Plaintiff while she was waiting at the entrance to Defendant Doe's residence. (Compl. ¶ 8.) Plaintiff alleges that Defendants Josephine Decora and Joy Gordon owned the property wher...

Excerpt: ...This is a collections case by former-landlord/Plaintiff CNNA, LLC (“Plaintiff”) against tenant/Defendant STEVEN J. HOFFMAN (“Defendant”). Defendant was a tenant of the premises Plaintiff used to own and sold to a third party in October 2022. Under the agreement between Plaintiff and the third-party buyer, Plaintiff was to collect unpaid rents from Defendant until the month of October 2022. (Chang Decl. ¶ 5-6; Ex. A.) Plaintiff engaged an...

Excerpt: ...each of contract dispute and the subsequent actions of Plaintiff/Cross-Defendant contractor Joseph Construction and Defendant/Cross-Complainant Andy Tran. The parties entered into a home improvement construction contract on May 21, 2022, for $40,000. Plaintiff, the contractor, agreed to perform remodeling work on Defendant's home. When the work was started, Plaintiff attempted to get Defendant to increase the scope of work and increase the size o...

Excerpt: ...and Armando Rojas Diaz alleging negligence caused by a motor vehicle accident when Plaintiff was being driven by Defendant Diaz. Defendant Uber now seeks to compel Plaintiff to arbitrate her claims. No Opposition filed as of December 29, 2023. Legal Standard In deciding a petition to compel arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway iss...

Excerpt: ...vide further responses within 30 days. Moving party to give notice. Background This is a lemon case filed by Plaintiff Gregory Dwayne Shaw (“Plaintiff”) regarding a 2020 Chevrolet Traverse (“Subject Vehicle”) manufactured by Defendant General Motors LLC (“Defendant”). Plaintiff served his second set of requests for production upon Defendant on June 6, 2023, all of which are at issue. (Valencia Decl. ¶ 3; Terzian Decl., Ex. 3). Defend...

Excerpt: ...t Defendants and their counsel, jointly and severally, payable to Plaintiff and/or Plaintiff's Counsel in the reduced sum of $2,785.00. Moving Party to give notice. Background On June 21, 2021, Plaintiff The Windmill Co., Inc. (“Plaintiff”) filed an action against Fayez Sedrak and O&C Hillside Resources Management Co. (collectively “Defendants”) alleging Breach of Contract, Breach of Implied Covenant of Good Faith and Fair Dealing, and De...

Excerpt: ... are hereby VACATED. The dates already set in this action remain set, including the trial date of July 19, 2024. Moving Party to give Notice. Trial courts may consolidate actions involving common questions of law or fact. (CCP §1048.) Consolidating actions does not affect the rights of the parties. Consolidation's purpose is to avoid unnecessary costs or delay, avoid procedural duplication, particularly in proof or issues common to both actions,...

Excerpt: ...y particular discovery method or any other provision of this title, the court, after notice to any affected party, may impose the [sanctions] against anyone engaging in conduct that is a misuse of the discovery process, including monetary and issue and terminating sanctions.” Failing to respond to an authorized method of discovery and disobeying a court order to provide discovery are both misuses of the discovery process.” (CCP §§2023.010 (...

Excerpt: ...ongful death his wife Vanessa Tirman. Plaintiff alleges that Vanessa Tirman's death was caused by stress and mental suffering inflicted by Defendants TBC, L.P. (TBC) and Parkwest Bicycle Casino, LLC (collectively Defendants) as a result of showing her a surveillance video depicting the death of her brother, Jonathan Jung. In June 2022, Vanessa Tirman filed a wrongful death complaint against TBC for allegedly choking her brother while leaving The ...

Excerpt: ...acts to constitute malice oppression or fraud. Background Plaintiff filed a Complaint against Defendant alleging numerous causes of action related to her employment with Defendant from January 18, 2021 to January 25, 2023. Plaintiff alleges: 1. Failure to Provide Meal and Rest Breaks 2. Failure to Pay Overtime 3. Failure to Pay Earned Wages upon Discharge 4. Failure to Furnish Accurate Itemized Wage Statements 5. Discrimination and Wrongful Termi...

Excerpt: ...filed a Tort Claim with Defendant alleging she incurred serious injuries when she tripped and fell on a sidewalk. The location where the injury occurred was described as “adjacent to the Chrysler Dealership located at 9655 E. Firestone Blvd.” (Tort Claim, Duarte Decl., Ex. A.) In a separate attachment, the specific area of the sidewalk where the injury occurred was described as “the north sidewalk of Firestone Boulevard at approximately 270...

Excerpt: ... moves to strike certain portions of the FAC. Background Plaintiff filed a Complaint alleging Defendant violated the lease agreement by refusing to approve proposed subleases to a commercial lease during the period California and Los Angeles COVID protections were in place. Plaintiff brings causes of action for 1) Breach of contract (lease) 2) Interference with Prospective Economic Advantage 3) Inducing Breach of Contract 4) Declaratory Relief 5)...

Excerpt: ... Background Plaintiff, a minor, through his guardian ad litem, filed this lawsuit against Defendant Juan Meave (“Defendant Juan”), his wife Defendant Guadalupe Meave (“Defendant Guadalupe”) and his biological daughter Defendant L. Meave. Plaintiff alleges Defendant Juan sexually assaulted him on numerous occasions and Defendants Guadalupe and L. Meave knew or should have known of the abuse. Plaintiff further alleges Defendants owed him a ...

Excerpt: ...d a Complaint against Volkswagen Group of America, Inc. (“VWGoA”) and LAD-V, LLC dba Volkswagen of Downtown L.A. (erroneously sued as Volkswagen of Downtown L.A. dba LADV, LLC) (“VW DTLA,” “Dealer” and/or “Defendant”). Plaintiff's Complaint states four causes of action: (1) Violation of Song-Beverly Act – Breach of Express Warranty; (2) Violation of Song Beverly Act – Breach of Implied Warranty; (3) Violation of the Song-Bever...

Excerpt: ...erado from Penske Chevrolet of Cerritos. (FAC, ¶ 4.) On May 30, 2023, Plaintiff sued Defendant General Motors LLC (Defendant) alleging “breach of warranty” claims under the Song-Beverly Consumer Warranty Act as well as a common law “Fraud-Fraudulent Inducement-Concealment” claim (Count IV). Defendant timely filed a demurrer to the Fraud-Fraudulent Inducement-Concealment claim, and Plaintiff refiled the same claims in her First Amended Co...

Excerpt: ...NS, LLC (“Defendant”). On December 28, 2022, Plaintiff filed a Complaint against Defendant alleging violation of the Song-Beverly Act, Consumers Legal Remedies Act, and Unfair Competition Law Business & Professions Code § 17200. Defendant now files a motion to compel arbitration. No Opposition filed as of December 15, 2023. Legal Standard Under California law, the trial court has authority to compel arbitration pursuant to CCP §1281.2 where...

Excerpt: ...iff”)'s complaint against Defendants DAN GOLDMAN JEWELERS & CO., INC. (“DGJ”) and DANIEL MOUREY (“Mourey”) consists of a single cause of action for Breach of Commercial Lease Agreement. On July 3, 2023, Plaintiff's counsel issued a deposition subpoena to Bank of America seeking consumer records of DGJ and a third-party Property Buyer, Inc. (Olson Decl., ¶1; Ex. A.) The subpoena seeks a variety of bank records such as canceled checks, b...

Excerpt: ...her causes of action, related to her job as a part-time medical screener for Defendant Octapharma Plasma, Inc. (“Defendant OPI”). The operative First Amended Complaint (“FAC") was filed on July 3, 2023. On August 30, 2023, Plaintiff served her Request for Production of Documents (Set One). Defendant OPI served responses on October 2, 2023. In this motion to compel, Plaintiff argues the responses were unverified and, therefore, untimely. (Co...

Excerpt: ...ical injuries. Petitioner submitted a policy limit demand to Jozef Magyar's insurance carrier, Respondent Allstate Northbrook Indemnity Company (“Allstate”), which was promptly tendered in the amount of $25,0000.00. Due to the severity of the injuries and corresponding medical bills, Petitioner submitted an underinsured motorist claim to Allstate for her remaining UIM policy limits. Motion to Quash C.C.P. §1987.1(a) provides, in pertinent pa...

Excerpt: ..., Inc. (“Giant RV”) in Downey, California. (Bensiek Decl., Ex. A, Retail Installment Sale Contract.) On June 26, 2023, Plaintiff sued Giant RV and Defendant Thor Motor Coach Inc. (“Thor”) under the Song-Beverly Consumer Warranty Act alleging Defendants failed to conform the Subject Vehicle to the factory warranty in a reasonable amount of time. Thor now seeks an order to stay the proceedings based on forum non conveniens to allow Plaintif...

Excerpt: ...24. The Court awards combined sanctions in the reduced amount of $1,735.00. Moving party to give notice. Background This is a lemon law action. Defendant American Honda Motor Co., Inc. (“AHM”) first noticed the deposition of Plaintiffs JOAQUIN BARAJAS and ADRIAN BARAJAS (“Plaintiffs”) on October 4, 2022. (Redfern Decl. at ¶ 3, Ex. A.) Plaintiffs served objections to both depositions on November 23, 2022. (Redfern Decl. at ¶ 4, Ex. B.) P...

Excerpt: ...hiladelphia Indemnity Insurance Company's Motion to Reclassify is DENIED. Defendants to give notice. Background Plaintiffs Ani Khachikyan, Elah Kaseblyan, a minor by and through her guardian ad litem, Ani Khachikyan; and Leah Kaseblyan, a minor by and through her guardian ad litem, Ani Khachikyan, (collectively, the Khachikyan Plaintiffs), filed this action against defendants Platinum Transportation Group, Inc. and Miguel Angel Pacheco for damage...

Excerpt: ...sponses to Special Interrogatories (Set One) is GRANTED. Plaintiff is ordered to provide verified, complete, and code-compliant responses, without objections, to Set One of Defendant's Special Interrogatories within 30 days of notice of this order. Defendant Tyrone Montero's Motion to Compel Responses to Request for Production of Documents (Set One) is GRANTED. Plaintiff is ordered to provide verified, complete, and code-compliant responses, with...

Excerpt: ...er Warranty Act – Breach of Express Warranty; (2) Violation of Song Beverly Consumer Warranty Act – Breach of Implied Warranty; (3) Negligent Repair; and (4) Declaratory Relief. The facts, as alleged, are as follows. On November 2, 2021, Plaintiff purchased a used 2014 Hyundai Veloster with the VIN: KMHTC6AE1EU204030. (Compl. ¶ 8.) Defendant provided a thirty day or 1,000 mile express warranty associated with the sale of the subject vehicle,...

Excerpt: ...aintiff Lorraine Cota filed a complaint against Defendants Marco Antonio Martin (“Martin”), 365 Kapital, LLC (“365”), My Rights Inc. (“MRI”), Rinaldo Rios (“Rios”), Excellence RE Real Estate. Inc. (“ERRE”), and Does 1-50, inclusive, alleging causes of action for 1) financial elder abuse, 2) breach of fiduciary duty, 3) actual fraud, 4) constructive fraud, 5) conversion, 6) recovery of payment from unlicensed contractor, and 7)...

Excerpt: ...inst Defendants BLK Legal Support Firm, Bruce Loren Karey (“Karey”), Alexander Cotton, and Does 1 through 10, alleging causes of action for: (1) Professional Negligence (Legal Malpractice); (2) Fraud; (3) Intentional Infliction of Emotional Distress; (4) Breach of Contract; (5) Breach of Fiduciary Duties; and (6) Negligent Supervision. Plaintiff alleges that “around January 2020, due to Defendants undue delay in preparing Plaintiff's paperw...

Excerpt: ...for a judgment on the pleadings on Plaintiff Dinorah Talavera's (Plaintiff) First Amended Complaint (FAC). Background Plaintiff filed a FAC against Defendant Ozzy Network, Inc., Golden State Foreclosure Services, Inc.; Oswaldo Martinez; Miriam Melero; Antonio Aguilar; United Escrow Services; and Executive Realty Services, Inc. alleging: 1. Fraud; 2. Violation of Civil Code § 2920; 3. Violation of Civil Code § 1632; 4. Wrongful Foreclosure; 5. I...

Excerpt: ...Defendants Natural Stone Fabricators, Inc., Concrete Collaborative, and Studio Palomino. Plaintiffs allege causes of action for: 1. Breach of Contract 2. Negligence 3. Fraud and Deceit 4. Intentional and Negligent Misrepresentation 5. Unfair Business Practices 6. Breach of the Covenant of Good Faith and Fair Dealings Legal Standard The trial court's determination of good faith under CCP § 877.6 must take into account “a number of factors,” i...

Excerpt: ...d On or about October 2, 2023, Plaintiff Jennifer Juliana Avendano Hoyos (“Plaintiff”) served a Notice to Quit the real property located at 12050 Horley Ave., Downey, CA 90242 (“Subject Property”) on the occupants of the Subject Property including Defendants Reyna Perez (“R. Perez”), Victor Acevedo (“Acevedo”), and Jorge H. Perez (“J. Perez”) (collectively “Defendants”). On or about October 9, 2023, Plaintiff filed an unla...

Excerpt: ...il 2, 2009, L&J Assets, LLC assigned the judgment to Bag Fund LLC. On January 13, 2016, the judgment was renewed in the amount of $39,252.00. On September 17, 2020, Bag Fund LLC assigned the judgment to Intellectual Capital Management & Servicer, Inc. (“Plaintiff” or “Judgment Creditor”) On March 14, 2022, the judgment was renewed in the amount of $70,098.00. Plaintiff moves for $19,605 in attorney fees and costs against Defendant as reas...