Excerpt: ...fendants 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 Amend...

Excerpt: ...uest for Judicial Notice is GRANTED. This action for defamation was filed by Plaintiffs DEREK LEFKOWITH and JENNIFER LEFKOWITH (“Plaintiffs”) against Defendant BENJAMIN BROWN and KRISTY BROWN (“Defendants”) on May 26, 2023. Plaintiffs and Defendants reside on neighboring properties. (Complain t ¶¶3-4.) Plaintiffs allege that “[o]n or about March 19, 2022, Defendants created a social media posting listing Plaintiffs' Subject Residence ...

Excerpt: ...the Court will enter judgm ent in favor of Defendant K&M pursuant to the Court's August 25, 2023 order granting Defendant K&M's motion for summary judgment. Moving party to give notice. Background This lawsuit was filed on June 12, 2020 by Plaintiff Bernardo Schaffer (Plaintiff) against Defendants K&M Meat Company, Inc. (Defendant K&M) and Defendant Felix Goldberg. Defendant K&M owns, manages, and/or controls the property located at 2443 E. 27th ...

Excerpt: ...her Cross -Co mplaint against various cross -defendants for cancelation of a grant deed and deed of trust relating to the Subject Property of this litigation. On May 11, 2022, the action was dismissed without prejudice as to David Meckler as Trustee for the 2018 Meckler Family Freeloader Trust (“Meckler Trust”). On May 27, 2022, Judgment was entered in favor of Cross -Defendant Meckler Trust against Cross -Complai nant. The Meckler Trust fore...

Excerpt: ...ckground This is a landlord-tenant dispute between Plaintiff, the tenant, and defendants Carolina Cortazar, Steven Mitchell, and Carlos Sandoval. Plaintiff alleges that defendants unlawfully entered the leased property on several occasions, threatened Plaintiff, re moved Plaintiff's personal property, and wrongfully evicted Plaintiff. Legal Standard If a party fails to comply with a court order compelling discovery responses or attendance at a de...

Excerpt: ...y, denied coverage based on an exclusion for vacant properties. Pl aintiff ATV, Inc., also known as American Tire Depot, alleges that its broker, Integrity Insurance Services, Inc. dba Hawley Insurance Services did not procure adequate commercial property insurance on its behalf. Plaintiff sues Integrity Insurance Services, Inc. for the following: 1. Professional Negligence; 2. Negligent Misrepresentation; 3. Breach of Contract; and 4. Declarator...

Excerpt: ... Services move for $23,295.50 in attorney fees and $1,322.06 in costs. Prevailing Party Under Civil Code section 1794, subdivision (d), “[i]f the buyer prevails in an action under [the Song-Beverly Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, includ ing attorney's fees based on actual time expended, determined by the court to have been reasonably incu...

Excerpt: ... fourth causes of action of breach of express warranty and breach of implied warranty because they are time-barred. Defendants demur to the fifth cause of action of fraudulent concealment on the grounds that it is time -barred and does not state facts sufficient to constitute a cause of action. Background Plaintiff Carlos Gomez alleges that defendants Ford Motor Company and Norm Reeves Ford Superstore violated the warranty provisions of the Song ...

Excerpt: ...ion, third cause of action for breach of fiduciary duty, fifth cause of action for constructive trust, and sixt h cause of action for declaratory relief on the grounds that they do not state facts sufficient to constitute a cause of action. Background Plaintiff Edward Santistevan alleges that he and decedent Sylvia M. De La Rosa were registered domestic partners, commencing in 2012. From 2012 to her death in 2021, they purchased various real prop...

Excerpt: ... for Request for Production as to Plaintiff Realty Specialties, Inc. is GRANTED. IV. Sanctions are awarded in the total reduced amount is $2,184.50. Defendant Gill to give notice. Background On December 30, 2022, Plaintiff Realty Specialties, Inc. (“Plaintiff”) filed a Complaint for breach of contract, violation of Penal Code § 496, and conversion against Defendants Sher Singh Gill (Gill) and Satvinder S. Ghotra. On July 31, 2023, Gill serve...

Excerpt: ...il 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 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.) Defendant/Cross-Complain...

Excerpt: ...otions as to Defendant KAS Produce, Inc are DENIED as MOOT. The request for sanctions is DENIED. Plaintiff to give notice. Plaintiff William Lezama (“Plaintiff”) moves to compel responses to Form Interrogatories, Special Interrogatories, and Requests for Production of Documents (Set One) as to Defendants Emmanuel Romero (“Defendant Romero”) and KAS Produce, Inc. (“Defendant KA S Produce”). Plaintiff also moves to have requests for adm...

Excerpt: ...INUED to March 12, 2024 at 9:30 a.m. in Dept. SE -F. Moving Party to give Notice. Motion for Appointment of Discovery Referee Plaintiff-in -Intervention PHILADELPHIA INDEMNITY INSURANCE COMPANY and Defendant MIGUEL ANGEL PACHECO (collectively “Moving Party”) move for the appointment of a discovery referee to preside over oral depositions based upon the manner in which Plaintiff's counsel has conducted herself during several depositions. Movin...

Excerpt: ...ndant's CCP §99 8 Offer. (Id. ¶3.) On August 22, 2023, Plaintiff filed his written acceptance of Defendant's CCP §998 Offer. (“Acceptance”) (Id. ¶4.) On August 25, 2024, this Court granted Defendant's pending Motion for Reconsideration of its Motion for Summary Judgment and its Motion for Summary Judgment. (Id. ¶5.) On August 28, 2023, Defendant served Plaintiff by email its withdrawal and revocation of its Offer. In Opposition, Defendan...

Excerpt: ...for cash advances. Plaintiff's Form Complaint asserts the following causes of action: (1) Breach of Written Contract (2) Breach of Contract (Implied in Fact) (3) Money Lent (4) Money Paid (5) Open Book Account (6) Account Stated Plaintiff now moves for summary judgment. The elements of a cause of action for breach of contract are as follows: (1) existence of contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breac...

Excerpt: ...ourt order of November 21, 2023. Defendant has only produced its income tax returns from 2020 and 2021 and Plaintiff requests pay roll records. Plaintiff also requests monetary sanctions. Background Plaintiff alleges that Defendant Passport Foods (SVC) fraudulently represented to its senior secured lender, Continental Republic, that it had accounts receivable worth $1,759,669 when the accounts receivable was worth only $25,000. Continental Republ...

Excerpt: ... 2024. Background This is a landlord-tenant dispute between Plaintiff and Defendants Carolina Cortazar, Steven Mitchell, and Carlos Sandoval. Plaintiff alleges that Defendants unlawfully entered the leased property on several occasions, threatened Plaintiff, removed Plaintiff's personal property, and wrongfully evicted Plaintiff. Legal Standard If a party fails to comply with a court order compelling discovery responses or attendance at a deposit...

Excerpt: ...rred and does not state facts sufficient to constitute a cause of action. Defendant also moves to strike the claim for punitive damages. Background Plaintiffs Karina Hinojosa and Luis Alejandro Garcia allege that defendant General Motors LLC violated the Song -Beverly Act and fraudulently induced plaintiffs into purchasing a 2018 GMC Sierra manufactured by the defendant. They allege that defendant misrepresented that there were no transmission de...

Excerpt: ...be extended by agreement of the parties. Moving Party to give notice. 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 implementing a change in rates. The Contrac...

Excerpt: ...r “Ford”) did not disclose and actively concealed defects involving Ford's Transmission Defect affecting Plaintiff's 2018 Ford Expedition vehicle. (See e.g., Complaint ¶¶9, 36.) Defendant Norm Reev es Ford Superstore (“Defendant” or “Norm”) is alleged to be the dealership wherein Plaintiff purchased the subject vehicle. Plaintiff's Complaint asserts the following causes of action: (1) Violation of Cal. Civ. Code §1793.2 (2) Violati...

Excerpt: ...481 and 4493 Firesonte Boulevard, South Gate, CA 90280. 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 of action. (CCP § 430.10(e).) A party may demur to an entire complaint, or to any causes of action stated therein. (CCP § 430.50(a).) “‘[A] demurrer based on an affirmat...

Excerpt: ...as filed. Plaintiffs allege that “[t]he tortious conduct giving rise to this action resulted in a collision occurring on September 12, 2022, on southbound Interstate -15 (the ‘Interstate')… in which EDGAR RIVELINO LOPEZ VASQUEZ and JORGE CISNEROS AGUILA (‘the deceden ts') were killed and Plaintiff RODOLFO ABUNDIZ BRAVO was injured.” (FAC ¶1.) ”On or about November 17, 2008, Defendant BAUTISTA negligently operated the TRUCK -TRAILER, ...

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- ...