Excerpt: ...dant Cortazar). Plaintiff seeks sanctions against Defendant Mitchell and Defendant Cortazar. Background This is a landlord-tenant dispute between Plaintiff and Defendants Carolina Cortazar, Steven Mitchell, and Carlos Sandoval (collectively Defendants). Plaintiff alleges that Defendants unlawfully entered the leased property on several occasions, threatened Plaintiff, removed Plaintiff's personal property, and wrongfully evicted Plaintiff. Motion...

Excerpt: ...reno (Plaintiff) alleges Defendant violated the Song-Beverly Act and fraudulently induced Plaintiffs into purchasing a 2020 Honda Pilot manufactured by Defendant. They allege that Defendant knew about a sensing system defect and knew that the cooling system installed in Plaintiffs' vehicle had that defect. Legal Standard The party against whom a complaint has been filed may object to the pleading, by demurrer, on several grounds, including the gr...

Excerpt: ...ules of Court, rule 3.1350 and Code of Civil Procedure § 437c(b)(3) within one court day of this order. Moving party(s) to give notice. Background On August 11, 2022, Plaintiff Elizabeth A. Velasco (Plaintiff) filed a Complaint against Defendant Dyno Autosales, Inc. (Defendant), asserting the following causes of action: (1) Violation of Song-Beverly Consumer Warranty Act – Breach of Express Warranty; (2) Violation of Song Beverly Consumer Warr...

Excerpt: ...tion of Civil Code section 1708.5; (2) gender violence in violation of Civil Code section 52.4; (3) violation of Ralphs Civil Rights Act; (4) assault; (5) battery; (6) intentional infliction of emotional distress; and (7) negligent hiring, supervision, retention. Plaintiff alleges that she was sexually assaulted by an EMT in an ambulance when she required transported from one hospital to another on November 10, 2018. Discussion Defendants seek an...

Excerpt: ...g Negligent Repair and violations of the Song-Beverly Act in connection with Plaintiff's purchase of a 2018 Ford F-150 pickup truck. Defendant Ford Motor Company (“Defendant”) brings the instant motion to seek a protective order on its Warranty Policy & Procedure Manual, Customer Relationship Center Policies and Procedures, and Reacquired Vehicle (RAV) Policies and Procedures. Discussion a. Meet and Confer The motion for a protective order mu...

Excerpt: ...ice. BACKGROUND On September 3, 2018, Plaintiff Mendoza visited the Maywood City Hall to speak with the Building and Planning Department to determine the zoning on 4000 East Slauson Avenue property (hereinafter “property”) for the proposed use of a Cannabis Testing Laboratory for his business LA Labs, Inc. (SAC, ¶ 9.) The Cannabis Testing Laboratory, LA Labs, Inc., only would consist of a testing laboratory and was not intended, nor would pr...

Excerpt: ...IED as MOOT. IV. Plaintiff's Motion to Deem Admitted the Truth of the Matters Stated in Requests for Admissions (Set One) is DENIED. No sanctions. Opposing party to give notice. Background Plaintiff Nichelle Harton (“Plaintiff”), along with her husband and children, lived in a single-family home owned by Defendant Nancy J. Jacobs (“Defendant”). Plaintiff alleges Defendant failed to properly maintain the property, resulting in substandard ...

Excerpt: ...ions, Citizens paid the fee to Lacy's modeling agency which in turn paid Lacy. Lacy then filed administrative claims with the Labor Commissioner alleging that Citizens owed him $126,999 in waiting-time penalties because Citizens failed to pay him directly. Citizens filed this lawsuit on April 11, 2017, after Lacy filed his claims with the Labor Commissioner. Citizens' First Amended Complaint (“FAC”) requests a declaration that Citizens is not...

Excerpt: ...Plaintiff sent Defendant his first set of RFPs to better evaluate their claims and adequately prepare for settlement or trial. (Lopez Decl., ¶ 3; Ex. A.) Generally, the requests at issue in this motion include requests seeking Ford's policies and procedures related to its compliance with the Song- Beverly Act. (Ibid.) The demand set the production of documents for thirty-days after the service of the RFPs. (Ibid.) On February 24, 2023, Ford serv...

Excerpt: ...evrolet Silverado 1500 (the “Subject Vehicle”) purchased and owned by Plaintiff ALFREDO DUARTE (“Plaintiff”). Since Plaintiff purchased it in November 2021, the Silverado has had repairs performed under the Warranty on just three occasions: (1) in March 2022 at 6,622 miles; (2) in August 2022 at 24,352 miles; and (3) in February 2023 at 30,244 miles. The first repair visit is the only visit that resulted in a Warranty repair before Plaint...

Excerpt: ...ethod 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 (d) and (g).) Sanctions w...

Excerpt: ...ounts causes of action regarding a commercial property located at 14329 Woodruff Avenue, Suite B/C, Bellflower, CA 90706 (the Property). Plaintiff leased the Property on January 28, 2018 to Marlon Dadia. On January 22, 2019, Mr. Dadia assigned the lease to Defendant Roneida Espinal (Defendant) with Plaintiff's permission. The lease expired in “early-2021” and Defendant continued to occupy the premises on a month-to-month basis after that time...

Excerpt: ...hachikyan, (collectively, Plaintiffs), filed this action against defendants Platinum Transportation Group, Inc. and Miguel Angel Pacheco (collectively, Defendants) for damages arising from a motor vehicle accident. Plaintiffs allege the accident caused by the Defendants' employee, Miguel Angel Pacheco, while he was transporting Plaintiff and two of her minor daughters, along with two other mothers and their children, in Defendants' common carrier...

Excerpt: ...ENIED. Moving party to give notice. Background This lawsuit concerns an alleged sexual abuse and harassment of Plaintiff by Defendant Scott Waln, a teacher at Los Alisos Middle School, during the 2019- 2020 school year. a. Request for Production The School District has been seeking Plaintiff's signature on authorizations since February 10, 2023, when the School District's counsel emailed Plaintiff's counsel in regard to the same. (Chaidez Decl., ...

Excerpt: ...2022, alleging causes of action for breach of express and implied warranty under Song-Beverly. (Complaint at pp. 3-4.) On January 25, 2023, Plaintiff propounded a first set of discovery including Special Interrogatories, Requests for Production, Requests for Admissions, and a set of Form Interrogatories. (Lopez Decl., at ¶ 3; Ex. A.) FCA timely served its responses to Plaintiff's first set of discovery on March 1, 2023. (Id., at ¶ 4; Ex B.) FCA...

Excerpt: ...Defendant”), from a dealership on or about May 19, 2021. (Complaint ¶¶6 and 8). Plaintiff received an express written warranty under which Defendant agreed to perform any repairs or replacement of parts necessary to ensure that the Subject Vehicle and its components were free from all defects in material and workmanship, and to perform any adjustments necessary to maintain the utility of the Subject Vehicle and the parts, components, and vari...

Excerpt: ...laint 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 and assu...

Excerpt: ...filed a Complaint against Defendant General Motors, LLC (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 w...

Excerpt: ... Complaint against Defendants for fraud and breach of contract. Plaintiffs allege that Plaintiffs Esquibel, Sellars, and Mitsuya and Defendants Kruszelnicki and Miyazaki were Directors and 20 percent owners of The Hybrid Shop Franchise, Inc. (THS) which later became IEV. Plaintiffs claim that Defendants Kruszelnicki and Miyazaki fraudulently changed THS's name to IEV Factory, Inc. to interfere with a Memorandum of Understanding with Itochu Americ...

Excerpt: ... The TAC alleges, in pertinent part: “Plaintiff and Defendant Ipswich desired to procure a line of credit for shipments of lobsters to Thee Aguila Inc…. and insure said shipments with Euler Hermes…. Defendant Ipswich and Euler Hermes required a personal guarantee from Plaintiff to issue the line of credit. Plaintiff agreed to personally guarantee the line of credit if Defendant Ipswich agreed to ship lobsters to TAI and Euler Hermes issued ...

Excerpt: ...t L, the Honorable Judge John A. Torribio, sitting without a jury, the right to a jury having been waived, and was tried on June 5, 6, and 12 of 2023. At the trial date of June 12, 2023, after considering all arguments and exhibits, the Court ruled in favor of Plaintiff Pedro against Defendants Elodia and Hector. The court also awarded Plaintiff damages in the amount of $555,993.00. Plaintiff filed the instant motion on August 24, 2023. Legal Sta...

Excerpt: ...tor Blaine Holding & Development, LLC within twenty (20) days of entry of this order. Judgment Creditor Blaine Holding & Development, LLC's Request for Monetary Sanctions is GRANTED, in the reduced amount of $1,125.00, payable by Judgment Debtor Vivera Pharmaceuticals, Inc . and defense counsel to Plaintiff Judgment Creditor Blaine Holding & Development, LLC , and Judgment Creditor's counsel within twenty (20) days of entry of this order. No Oppo...

Excerpt: ...Defendant O'CONNOR'S, INC., dba O'Connor's Irish Pub (“O'Connor's”) from approximately March 25, 2021 to March 2022, when she was wrongfully terminated for complaining about sexual harassment and Labor Code violations. From the time she was hired, Plaintiff suffered sexual harassment at the hands of Defendant PATRICK FITZGERALD (“P. Fitzgerald”), who was the owner of O'Connor's and was also Plaintiff's direct supervisor. The conduct began...

Excerpt: ...e First Amended Complaint (“FAC”) was filed. The FAC alleges the following relevant facts: “Plaintiffs… are individuals each owning and [sic] undivided 50% interest in certain real property located at 9209 Colima Road, Whittier, California.” (FAC ¶1.) “On or about August 31, 1962, William L. Simmons, as owner, entered into a written long-term lease with William G. Greschner Co. with respect to the real property…. [¶] The property ...

Excerpt: ...part, “On August 11, 2022, Plaintiff entered into a warranty contract with FORD regarding a 2020 Ford Explorer….” (FAC ¶15.) “Defects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to transmission, electrical, interior, suspension, and HVAC.” (FAC ¶ 18.) “Defendant was unable to conform the Subject Vehicle to the applicable express warranty after a reaso...

Excerpt: ...' Motion to Strike Portions of Plaintiff's Complaint is MOOT. Prevailing Party to give notice. This action for premises liability was filed by Plaintiffs ARTURO BELTRAN and CLARISSA BELTRAN (“Plaintiffs”) on May 25, 2018. Plaintiffs allege that “[o]n or about May 28, 2016 at around 12:00 AM, Plaintiff ARTURO BELTRAN, along with his daughter CLARISSA BELTRAN were paying patrons at the SUBJECT PREMISES at Club DB Lounge which was owned, opera...

Excerpt: ... Jesse Simpson (Plaintiff) filed a Complaint for personal injuries sustained on October 24, 2018 at Defendant Loma Linda University Medical Center in San Bernardino County. Plaintiff was asked to leave the hospital premises and refused. He was then allegedly assaulted by security personnel when they detained him. Evidentiary Objections Plaintiff's Objections Nos. 1-9 are overruled. Legal Standard On a timely motion, the court must order a transfe...

Excerpt: ...sale Corporation (Rudy's)] for failure to pay all wages due, provide meal breaks, provide rest breaks, and pay overtime wages. (Los Angeles Superior Court Case No. 21-NWCV-00797 (the 797 Case)). (Complaint, 2:57.) The 797 case is related to this case. “On January 18, 2022, the clerk of this county entered a default against RUDY'S and in favor of PLAINTIFF for failure to answer or demurrer within the statutory period in the 797 Case.” (Id., ¶...

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...NTED. (Cal. Ev. Code §452.) This “lemon law” action was filed by Plaintiff JONATHAN ZAVALA QUINTERO (“Plaintiff”) on May 17, 2023. On Plaintiff alleges that AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) did not disclose and actively concealed defects involving the Honda Sensing Defect affecting Plaintiff's 2022 Honda Accord vehicle. (See e.g., Complaint ¶¶4, 43.) Plaintiff's Complaint asserts the following causes of a...

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ... filed his Complaint for Dental Malpractice against Defendants Estella Flores, DDS, and Downey Smile Center. Plaintiff alleges that Defendant Flores, while working at Downey Smile, negligently broke his tooth while extracting it. Legal Standard The party against whom a complaint has been filed may object to the pleading, by demurrer, on several grounds, including the ground that the pleading does not state facts sufficient to constitute a cause o...

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

Excerpt: ...NASTASSIA PRINGLE, against Defendants TINA RIKE and BLESSINGS FAMILY CHILD CARE (Defendants). Defendant Rike operates a day care center from her home where she cared for Plaintiff Gilfillian. On March 16, 2021, Plaintiff Gilfillian (age 4 at the time) was in the backyard when he was attacked and injured by Defendant Rike's unrestrained dog. Plaintiff's operative first amended complaint (FAC) was filed on June 23, 2023 and asserts the following ca...

Excerpt: ...n was filed by Plaintiff ADRIANA CORTES TECANHUEHUE (Plaintiff) on May 2, 2022. Plaintiff's operative first amended complaint (FAC) was filed on August 19, 2022 and asserts the following causes of action: (1) breach of written contract; (2) disgorgement; (3) negligence; (4) fraud; and (5) declaratory relief. Plaintiff moves for an order compelling responses to written discovery. Plaintiff's motion to compel responses to written discovery: Legal S...

Excerpt: ...s is DENIED as MOOT as to Defendant FILM 102 PRODUCTIONS LLC and DENIED without prejudice as to Defendant CARR LEE. The Court strikes Defendant FILM 102 PRODUCTIONS, LLC's Answer and Cross-Complaint. The Court enters default judgment against Defendant FILM 102 PRODUCTIONS, LLC in favor of Plaintiff BURLEE VANG, ABEL VANG, and UNCANNY PRODUCTIONS, LLC. Moving party to give notice. This misappropriation action was filed by Plaintiff BURLEE VANG, AB...

Excerpt: ...cross-complaint asserting the following causes for action: (1) intentional misrepresentation; (2) breach of contract; (3) false promise; (4) unfair business practices; (5) accounting; and (6) common counts. Defendants move for terminating sanctions and an award of $2,250.00 in attorney's fees. No Opposition filed as of October 20, 2023. Defendants' motion for terminating sanctions and monetary sanctions: Legal Standard If anyone engages in conduc...

Excerpt: ...e Law Office of Cynthia Quintero, A.P.C., and its sole practitioner, Cynthia Quintero (collectively, “Defendants”) on October 12, 2018 to assist with a dissolution proceeding. During the representation Plaintiff alleges that Defendants ignored her requests in regard to maintaining her rights surrounding Epstein credits and Watts charges (Complaint, ¶ 14), misrepresented Plaintiff's ability to restore her maiden name during divorce proceeding...

Excerpt: ...r the purpose of leasing the Premises. Upon the expiration of the two-year term, the tenancy became a month-to-month tenancy, and the latest rent increase raised the rent to $3,200.00 each month. On August 10, 2023, Plaintiff caused to be served on Defendant a 3-day notice to pay rent or quit. Plaintiff alleges that Defendant failed to pay the past-due rent and failed to quit and deliver possession of the Premises by the expiration of the 3-day p...

Excerpt: ...led the instant demur on June 8, 2023. No opposition has been filed. Analysis Meet and Confer A party filing a demurrer “shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., section 430.41(a).) “The parties shall meet and confer at l...

Excerpt: ... their premises to Jumpstart Bodyfuel, knowing Plaintiff Linda Ikeda would be the main occupier of the rented premises. The written and implied covenants were to rent a premises that was habitable and safe from airborne and stable dangerous conditions. Defendant either knew or should have known that the premises contained lead contamination.” (Complaint BC-1.) Sometime after the lease was signed, Jumpstart Bodyfuel was dissolved and Way Beyond ...

Excerpt: ...ing from Defendants' alleged failure to pay Transient Occupancy Taxes to the City of Artesia. Plaintiff's Complaint asserts the following causes of action: (1) Violation of Artesia Municipal Code §§ 3-5.301 – 3-5.314; (2) Violation of CA Bus. & Prof. Code §17200 et seq.; and (3) Conversion Defendants generally demur to Plaintiff's third cause of action for conversion. Third Cause of Action – Conversion Defendants argue that this cause of a...

Excerpt: ...hattels; and (3) Conversion. In 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 KERTENIAN (collectively “MLS Defendants”) conspired with Armen Gassyan to destroy Plaintiffs' laundry, a competitor of the MLS Defendants. The MLS Defendants seek dismis...

Excerpt: ...lbert Dominguez (“Decedent”) was working at a trucking terminal owned by Defendant ESTES TERMINALS OF CALIFORNIA, LLC (“Estes Terminals”). On that date, Decedent, a maintenance worker employed by G.I. Trucking Company (“GI Trucking”) (dismissed on January 7, 2022)—a wholly owned company of Defendant ESTES EXPRESS LINES (“Estes Express”) was performing repairs at the Subject Property. G.I. Trucking leased the Subject Property fro...

Excerpt: ...se of a 2020 Nissan Pathfinder vehicle. Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On August 12, 2022, Plaintiffs filed a Complaint against Defendants alleging violations of Song-Beverly Act and Negligent Repair. Defendant NISSAN NORTH AMERICA, INC. (“Defendant” or “Nissan”) now seeks to compel arbitration under the Retail Installment Sales Contract (“RISC”) and its...

Excerpt: ...t Defendant Loma Linda University Medical Center in San Bernardino County. Plaintiff was asked to leave the hospital premises and refused. He was then allegedly assaulted by security personnel when they detained him. Evidentiary Objections Plaintiff's Objections Nos. 1-9 are overruled. Legal Standard “The court may, on motion, change the place of trial in the following cases … (c) When the convenience of witnesses and the ends of justice woul...

Excerpt: ...d for Site Inspection. Background Plaintiff filed a Complaint against Defendants Flying Food Group, Inc. (Flying Food) and Nature's Produce alleging Negligence and Premise Liability from a slip and fall incident. There is a dispute as to which Defendant controlled the site of the incident. Plaintiff seeks a site inspection to determine control and the exact location of the incident. Legal Standard “A party may demand that any other party allow ...

Excerpt: ...itle was filed by SGIG against the City. SGIG's predecessor, California Truck Sales, purchased the property on September 26, 1995. In 1997, the City Supervisor informed California Truck Sales that it would be required to install a wrought-iron fence and poles along its property line. Plaintiff has paid taxes associated with this boundary and relied on the City's insistence that where the fence was installed was the proper boundary line. In Octobe...

Excerpt: ...ortgage Company (Plaintiff) alleges that Defendant breached a series of agreements regarding selling and brokering of mortgage loans. Based thereon, the Plaintiff's Complaint asserted causes of action for: 1. Breach of Contract 2. Open Book Account 3. Account Stated 4. Reasonable Value 5. Common Counts 6. Conversion 7. Unjust Enrichment Legal Standard “Except as attorney's fees are specifically provided for by statute, the measure and mode of c...

Excerpt: ...compel further responses to interrogatory No. 14 is GRANTED. Plaintiff Alejandra Pacheco is ordered to serve further, code- compliant responses to that interrogatory, without objections, within 20 days of this ruling. The request for sanctions is GRANTED, but in the reduced amount of $1,910. Plaintiff is ordered to pay Defendant sanctions of $1,910. Defendant's Motion to Compel Further Response to Defendant's First Set of Requests for Production ...

Excerpt: ...aring. Moving party(s) to give notice. Background On July 7, 2020, Plaintiff Ana Caballero (“Plaintiff”) initiated this action against Defendants Nissan North America, Inc (“NNA”). and Cerritos Nissan (“Dealer”). Plaintiff alleges that she entered into a written contract with Dealer for a 2017 Nissan Altima, vehicle identification number 1N4AL3AP1HC476928, which was produced by NNA and contained various warranties. (Compl. ¶¶ 8-9.) ...

Excerpt: ...Nos. 16, 19-32. III. No sanctions are ordered. Moving party to give notice. This breach of warranty action was filed by Plaintiff MIGUEL MEZA and JESUS MORON (Plaintiffs) on December 2, 2022. Plaintiffs' complaint assert 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. Plaintiffs moves to compel further discovery and requests mon...

Excerpt: ...rty to give notice. This breach of warranty action was filed by Plaintiff MARIA LUGO and FRED VELAZQUEZ (Plaintiffs) on September 8, 2022. Plaintiffs' complaint assert the following causes of action: (1) Violation of Song- Beverly Act – Breach of Express Warranty; (2) Violation of Song-Beverly Act – Breach of Implied Warranty; and (3) Violation of the Song-Beverly Act Section 1793.2(b). Plaintiffs' move to compel deposition attendance and pro...

Excerpt: ...GRANTED in part and DENIED in part. Plaintiff's request for sanctions is GRANTED. Moving Party to give NOTICE. Background Plaintiff filed this complaint on September 27, 2021 against Defendants for breach of contract and common counts related to several promissory notes initially signed in 2002. On July 24, 2023, Plaintiff served Defendant Golden Den with Form Interrogatories (Set Three), Requests for Production of Documents (Set Three), Requests...

Excerpt: ...ts”) demur to the 1 st – 6 th causes of action on the grounds that they do not state sufficient facts to constitute causes of action against them. Plaintiffs allege that on December 4, 2017, Gilbert Dominguez (“Decedent”) was working at the La Mirada trucking terminal owned and operated by Defendant Estes Express Lines, Inc. and Estes Terminals when, without warning, a tractor driven by another employee began to reverse towards Decedent. ...

Excerpt: ...iff”) on January 24, 2023. On April 7, 2023, the operative First Amended Complaint (“FAC”) was filed. Plaintiff alleges that AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) did not disclose and actively concealed defects involving Honda's Transmission Defect affecting Plaintiff's 2017 Honda Pilot vehicle. (See e.g., FAC ¶¶20, 43.) Plaintiff's FAC asserts the following causes of action: (1) Violation of Song-Beverly Act (Br...

Excerpt: ...y to give notice. Defendant SOUTHERN CALIFORNIA EDISON COMPANY (“SCE”) and Defendant/Cross-Complainant HERMAN WEISSKER POWER, INC.'s (“HW Power”) Joinders to Defendant CITY OF NORWALK's Motion for Summary Judgment , or alternatively Summary Adjudication is GRANTED. This personal injury action was filed by Plaintiff CARINA SOLARES on July 2, 2021. On July 11, 2022, the subject Second Amended Complaint (“SAC”) was filed. The SAC alleges...

Excerpt: ...gainst numerous Square Mile (SM) and Rialto Merrill Holdings, LLC and All-Ways entities (All-Ways) (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. Saadia alleges that Defendants interfered with its Right of First Offer (ROFO) for a property located in Rialto, California when the Sq...

Excerpt: ...he name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (CCP § 473(a)(1).) Legal Standard Plaintiff Priscilla Olae...

Excerpt: ... policy; (2) disability and gender/pregnancy based discrimination; (3) gender based harassment; (4) retaliation in violation of the Fair Employment & Housing Act; (5) failure to engage in interactive process; (6) failure to accommodate; (7) failure to prevent, investigate, and/or remedy unlawful discrimination and retaliation; (8) violation of pregnancy disability leave law; (9) interfering with the rights and refusing an employee's request for a...

Excerpt: ...g violations under the Song-Beverly Act by failing to repair Plaintiff's 2017 Chevrolet Silverado vehicle (the “Vehicle”) and, among other things, the transmission defects (“Transmission Defects” and/or “Defects”) within a reasonable number of attempts, and by refusing to repurchase the vehicle despite its knowledge that the Subject Vehicle suffers from those defects. On May 12, 2023, Plaintiff propounded Requests for Production of Do...

Excerpt: ...nt to provide further verified, Code-compliant responses to Request No. 24 other than documents related to scripts. Production of all corresponding documents must be provided without objection within twenty days. Plaintiffs' request for sanctions is DENIED. Moving party to give notice. Background On January 23, 2023, Plaintiffs David Marquez and David Marquez, Jr. (“Plaintiffs”) filed a Complaint against Defendant Mossy Ford, Inc. (“Defenda...

Excerpt: ...ained due to a slip and fall at Kaiser Hospital in Downey, California on December 24, 2021. On August 18, 2023, Defendants Kaiser Foundation Health Plans, Inc., Kaiser Foundation Hospitals, and Southern California Permanente Medical Group (collectively, “Moving Defendants”) filed and served a petition for an order compelling arbitration and move to stay this action pursuant to California Code of Civil Procedure, Sections 1281.2 and 1281.4. In...

Excerpt: ...aranty; and (3) Turnover/Claim and Deliver. The facts, as alleged, are as follows: “Precision Forging and Liberty Capital Group, Inc. d/b/a NJ Liberty Capital Group (“Liberty Capital”) entered into an Collateral Financing Agreement on or about May 10, 2019 (“Collateral Financing Agreement”), pursuant to which Liberty Capital agreed to lend Precision Forging $1,022,017.00 in order to fund Precision Forging's purchase of a Mighty Viper Pr...

Excerpt: ...tability; (3) Breach of Implied Warranty of Fitness for a Particular Purpose; and (4) Negligent Interference with Prospective Economic Advantage. On July 29, 2022, this Court granted leave for Intervenor Zurich (“Intervenor” or “Zurich”), as insurer for Defendant C&F Foods, to file a Complaint in Intervention and Zurich filed its Complaint in Intervention, on the same day. On September 12, 2023, Intervenor filed the instant Motion for Pro...

Excerpt: ...e (“CC”) and Does 1 through 20 inclusive, for work done in the home regarding concrete tiles. The Complaint alleges six causes of action: (1) Breach of Contract; (2) Negligence; (3) Fraud and Deceit; (4) Intentional/Negligent Misrepresentation; (5) Violation of Business and Professions Code Section 17200 et seq.; and (6) Breach of the Covenant of Good Faith and Fair Dealing. On March 29, 2023, Plaintiff filed a FAC to include Studio Palomino ...

Excerpt: ...ff's Application for Writ of Possession for noticed hearing, and provided a briefing schedule. Background This action for breach of contract was filed by Plaintiff SENIOR OPERATIONS LLC (“Plaintiff”) on April 8, 2022. The operative 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 impleme...

Excerpt: ... April 5, 2021, Plaintiff entered into a warranty contract with Ford regarding a 2018 Ford EcoSport. (Complaint ¶7.) The warranty contract contained various warranties, including but not limited to the bumper-bumper warranty, powertrain warranty, emission warranty, etc. (Id. ¶8.) Defects and nonconformities manifested themselves within the applicable express warranty period which substantially impaired the use, value, or safety of the Subject V...

Excerpt: ..., 2023, Plaintiff filed a Complaint against Defendant alleging violations of 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 agreement to arbitrate betw...

Excerpt: ...10:30 a.m. in Dept. SE-C. III. On the Court's own Motion, the Motion of Laura Corona to be Deemed Successor in Interest is ADVANCED from March 12, 2024 to this date and CONTINUED to Thursday, December 7, 2023 at 10:30 a.m. in Dept. SE-C. Opposition and Reply papers may be filed and served per Code in accordance with the new hearing date. Court Clerk to give Notice. The Court will review and consider the untimely Opposition filed by Defendant GUAD...

Excerpt: ... to proceed with this litigation by granting permission to serve Does 1 and 2. On April 21, 2023, Good Shepherd Bible Church and Sharon Lynn Gamboa were served (as Doe 1). Subdivision (i) of CCP §340.1 sets forth the requirements for service of a Childhood Sexual Assault action: “(i) In any action subject to subdivision (f), a defendant shall not be served, and the duty to serve a defendant with process does not attach, until the court has rev...

Excerpt: ...as filed approximately 245 lawsuits alleging violations of construction-related accessibility standards. (Complaint ¶¶23-24.) Plaintiff asserts the following causes of action: (1) Violation of the Unruh Civil Rights Act; and (2) Violation of the Disabled Persons Act. On July 7, 2023 Defendant/Cross-Complainant HECTOR TRUJILLO (Cross-Complainant”) filed a Cross- Complaint (“XC”). On September 6, 2023, Cross-Defendants ANTONIO FERNANDEZ; MA...

Excerpt: ...Equity Smart and Pablo Martinez for breach of contract. Equity Smart filed a Cross-Complaint against Plaintiff alleging breach of contract, interference, conversion, and unfair business practices for alleged violation of an exclusivity contract signed by Plaintiff in March 2019. 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...

Excerpt: ...s' child at one of Defendant's facilities. Legal Standard Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the parties; and (2) said agreement covers the controversy or controversies in the parties' dispute.¿(Omar v. Ralphs Grocery Co. (2004)¿118 Cal.App.4th 955, 961.) A party moving to compel arbitration has the burden of establishing the existence of a valid agre...

Excerpt: ... and Golden Den Corp. move for summary judgment or alternatively, summary adjudication pursuant to CCP § 437c. This action arises out of seven promissory notes entered into between 2002 and 2008, between the lender, Plaintiff Olaes and the borrowers, Defendants David Kim, RD Restaurant Group, Inc. and Golden Den Corp. in the sum of $2,998,814.00. (Complaint, ¶¶ 8, 24, 27.) Based thereon, the Complaint asserts causes of action for: 1. Breach of...

Excerpt: ...the ground that it fails to state facts sufficient to constitute a cause of action. Plaintiff Luis Oscar Guerrero Mejia alleges that on June 27, 2019, Plaintiff purchased a 2019 Chevrolet Silverado, having VIN No.: 1GCRWCED9KZ22025. (Complaint, ¶ 4.) Plaintiff's vehicle suffers from transmission defects. (Id., ¶ 13.) Based thereon, the Complaint asserts causes of action for: 1. Violation of Song-Beverly – Breach of Express Warranty 2. Violati...

Excerpt: ...o the 7 th – 8th causes of action is OVERRULED. II. Defendants M. Patel, Gavini, R. Patel, Lee, and PGP Consulting, LLC's motion to strike is GRANTED as to general, special damages, punitive damages, and treble damages in the 6 th cause of action. The Clerk is ORDERED to insert the word “restitutionary” before the word “disgorgement” at ¶ 128. As amended, the motion to strike disgorgement allegations is DENIED. Opposing Parties to give...

Excerpt: ...ound that the claims fail to state facts sufficient to constitute a cause of action. Plaintiff James Cisneros alleges that Defendants breached a written contract to utilize certain timeshare units allotted under the January 20, 2004 contract for paid premiums. The Complaint asserts causes of action for: 1. Breach of Contract 2. Common Counts Request for JUDICIAL NOTICE is granted as to Exs. 3-4, and DENIED as to Exs. 1-2. (Evidence. Code § 452 a...

Excerpt: ... was having difficulty making mortgage payments on her home and met Defendant, a purported realtor, who represented she could help Plaintiff modify her loan. Instead of doing so, they agreed that Defendant would move into the residence and pay rent in an amount equal to the mortgage. Plaintiff moved out of the residence and eventually found another realtor to help her sell the property. Unbeknownst to Plaintiff, a grant deed was recorded which tr...

Excerpt: ... Services, LLC; Inclusion Specialized Supporting Living Services, LLC; and the State of California on January 29, 2020. On June 3, 2021 the operative First Amended Complaint (“FAC”) was filed. The FAC alleges that on January 24, 2019, Plaintiff was on the driveway of her residence, and while exiting the driver's side of her vehicle, she was physically attacked by Doe 1, who was under the care and custody of Defendants Inclusion Services, LLC ...