Excerpt: ...2. On February 24, 2023, the operative First Amended Complaint (“FAC”) was filed. In the FAC, Plaintiff alleges that this action stems from a landlord-tenant disagreement pertaining to rental payments. “Plaintiff did enter into a rental contract… with Defendants…. Whereafter, plaintiff… tendered, the required amount of U.S. currency, to commence residing on the premises…. The records clearly show that plaintiff, made rental payments...

Excerpt: ...nt (“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 The Okhovat Revocable Family Trust, Dated May 12, 2004 (collectively ‘Cross-Complainants'). The Cross-Complaint alleges the following relevant facts: “The claims brought by [Cross-De...

Excerpt: ... for Production (set four) and monetary sanctions. Plaintiff's Motion is joined by Plaintiffs Giselle, Belgyn, and Kiani. Defendant's counsel, Arthur Preciado and Kristina Stephenson-Cheang of Gutierrez, Preciado & House, LLP, moves to be relieved as counsel for Defendant, Los Angeles Unified School District (Defendant). Background This is a sexual abuse of a minor case against Defendant's former employee, Defendant Hector Rodriguez. Plaintiffs, ...

Excerpt: ...of Business and Professional Code § 17200, and Unjust Enrichment against Defendant for the alleged unauthorized sale of its products. Plaintiff alleges that a shipment of its products went missing in May 2022. Plaintiff later discovered that Defendant was selling the missing products through its own Amazon Storefront. Legal Standard CCP § 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that t...

Excerpt: ... injury (motor vehicle) action was filed on January 27, 2021. Plaintiff moves to compel Defendants Charter Communications, Inc.'s (Defendant) further responses to Requests for Production. Evidentiary Objections Plaintiff's objections Nos. 1-6 are overruled. Legal Standard With certain exceptions not applicable here, a client “has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between clie...

Excerpt: ... 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 § 2031.310(b).) Meet and Confer The parties have adequat...

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

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

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

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

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

Excerpt: ...purchased a used 2021 Nissan Sentra, VIN: 3N1AB8CV9MY290676 (Complaint, ¶ 8.) Plaintiff alleges that the vehicle suffers from an Emergency Braking Defect. (Id., ¶ 2.) Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverly Act – Breach of Express Warranty 2. Fraudulent Inducement – Intentional Misrepresentation 3. Fraudulent Inducement – Concealment 4. Negligent Repair Arbitration Agreement Parties may ...

Excerpt: ...YF5H97GB056062 (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had “brakes, transmission, and engine” defects. (Id., ¶ 16.) Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverly Act – Breach of Express Warranty 2. Fraudulent Inducement - Concealment Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate betwe...

Excerpt: ...�) alleges that on July 28, 2020, Plaintiff Lunney had surgery to implant artificial materials to correct one leg being shorter than the other. (FAC, ¶¶ 16-23.) Revision surgery was performed on January 28, 2022. (Id., ¶ 31.) “However, KUMAR was unable to install the spacer due to a fault in the previously installed Implant device… the Implants, specifically the Arcos device, could not be disassembled in order to add the custom spacer devi...

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

Excerpt: ...3, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act. Defendant NISSAN NORTH AMERICA, INC. (“Defendant” or “Nissan”) now seeks to compel arbitration under the Retail Installment Sales Contract (“RISC”) and its accompanying arbitration agreement. Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court finding that: (1) there was a valid agreement to arbitrate between the ...

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...an Honda Motor Co. (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle. Legal Standard CCP § 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (C...

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

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

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

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

Excerpt: ... Sixth, Seventh, and Ninth Causes of Action and move to strike Plaintiff's claims for punitive damages and attorney's fees. Plaintiff has agreed to dismiss the Ninth Cause of Action. Background Plaintiff hired Defendants to represent it to sell real property commonly known as 14411 Pontlavoy Avenue, Norwalk, California (the Property). Plaintiff alleges that Defendants negligently and fraudulently represented Plaintiff as its real estate agents in...

Excerpt: ...Inc., DaVita Inc., Staffieri, and Batistelli demur to the 1 st – 7 th, 13 th, and 17 th causes of action on the ground that they are barred by the statutes of limitations. 1. Failure To Pay Wages 2. Failure To Pay Overtime Compensation 3. Failure To Provide Rest Breaks 4. Failure To Provide Meal Breaks 5. Waiting Time Penalties 6. Failure To Provide Accurate Itemized Wage Statements 7. Failure To Reimburse Expenses to Employee 8. Disability/Per...

Excerpt: ...LLC, Shellpoint Mortgage Servicing, and JP Morgan Mortgage Acquisition Corp demurs to the 1 st, 3 rd – 8 th causes of action on the ground that the claims fail to state facts sufficient to constitute a cause of action. Complaint This is a wrongful foreclosure action, asserting causes of action for: 1. Violation of Civ. Code § 2923.5 2. Violation of Civ. Code § 2924(a)(1) 3. Violation of Civ. Code § 2923.6(c) 4. Violation of Civ. Code § 2923...

Excerpt: ...law firm of Garver, AV & Duncan from representing Defendant in this case is DENIED without prejudice. Opposing party to give Notice. Complaint Plaintiffs Khoshrozeh Dental Corporation and Mehrdad Khoshrozeh, DDS, allege that Defendants' maintained the “premises and the electrical systems therein, including the “plenum”, in such a manner that created a dangerous, defective and hazardous condition… [that] cause[d] a fire to initiate and ign...

Excerpt: ...rs to the 2 nd cause of action for Fraudulent Inducement on the ground that it fails to state facts sufficient to constitute a cause of action. Complaint On August 17, 2021, Plaintiff(s) purchased a new 2021 Honda Accord, VIN 1HGCV1F48MA096461. (Complaint, ¶ 8.) “The Subject Vehicle was equipped with a defective computerized driver-assistance safety system and a defective collision mitigation braking system.” (Id., ¶ 85.) Based thereon, the...

Excerpt: ...operties, LLC (“Associated”) moves for summary judgment, or alternatively, summary adjudication as to Defendant's Affirmative Defenses 1 through 8. As a preliminary matter, the court notes that Plaintiff's motion incorrectly lists the order of Defendant's affirmative defenses. The court will discuss Defendant's affirmative defenses in the order listed in the Answer. As in ordinary civil cases, either party to an unlawful detainer action may f...

Excerpt: ...n Management & Engineering (“ACME”) moves to set aside default judgment pursuant to CCP § 473(b). This is Breach of Contract action filed by Plaintiff American Construction Management & Engineering for $1,405,416.11. The Complaint asserts causes of action for: 1. Breach of Contract 2. Account Stated 3. Reasonable Value 4. Foreclosure on Mechanic's Lien J.R. Miller & Associates (“J.R. Miller”) filed a Cross-Complaint against ACME on May 4...

Excerpt: ...fees and costs in the amount of $3,635.00 against Aldo Flores for his continued failure and refusal to comply with the January 24, 2023 Order. In Opposition, Plaintiff argues that the Court does not have jurisdiction to hold him in contempt and that Defendant fails to satisfy the elements necessary for a finding of indirect contempt. “Disobedience of any lawful judgment, order, or process of the court” is an act of contempt of the authority o...

Excerpt: ...icle failed to cure the defects. On December 27, 2022, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act. Defendant NISSAN NORTH AMERICA, INC. (“Defendant” or “Nissan”) now seeks to compel arbitration under the Lease 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 b...

Excerpt: ...ten Nielsen v. Jan V. Choe, Case No. 20STCV32880. Defendants JAN. U. CHOE, PATTY CHOE TANG, and SENG TANG move for summary judgment against the Complaints of Plaintiffs MARIA GUADALUPE HERNANDEZ and KIRSTEN NIELSEN. The Motion was filed on November 2, 2022. On May 19, 2023, a Notice of Settlement between Plaintiff Kirsten Nielsen and Defendant Jan Choe was filed in the related 20STCV32880 action. Therefore, the arguments raised in the instant Mot...

Excerpt: ...s Second Amended Complaint is SUSTAINED with 10 days leave to amend. Moving Parties to give notice. This breach of contract action was filed by Plaintiff HENRY AGUILA (“pro per”) on April 25, 2022. On December 20, 2022, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges, in pertinent part: “Defendant Ipswich desired to procure a line of credit for shipments of lobsters to Thee Aguila Inc…. and to insure said shi...

Excerpt: ... that HONDA MOTOR CO., INC. (“Defendant” or “Honda”) did not disclose and actively concealed defects involving Honda's Honda Sensing System affecting Plaintiff's 2021 Honda Accord vehicle. (See e.g., FAC ¶¶8, 11-64.) Plaintiff's Complaint asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Express Warranty; and (2) Fraudulent Inducement – Concealment. Defendant generally demurs to the second cause of a...

Excerpt: ... Amended Complaint (“FAC”) was filed on January 28, 2023. Plaintiff alleges that GENERAL MOTORS LLC. (“Defendant” or “GM”) did not disclose and actively concealed transmission defects involving GM's Hydra-Matic 8L90 and 8L45 transmissions affecting Plaintiff's 2022 Chevrolet Silverado vehicle. (See e.g., FAC ¶¶6, 9-14.) Plaintiff's FAC asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Express Warra...

Excerpt: ...Center of Downey, LLC for: (1) Wrongful Termination; (2) Unfair Business Practices; (3) Failure to Pay Overtime Wages; (4) Failure to Provide Rest Periods; (5) Failure to Keep Time Records; (6) Waiting Time Penalties; (7) Pay Stub Violations; (8) Intentional Infliction of Emotional Distress; and (9) PAGA claims. Legal Standard “If a party to whom interrogatories are directed fails to serve a timely response …. The party to whom the interrogat...

Excerpt: ...m for punitive damages. Background Plaintiff filed a Complaint against Defendant PIH Health Hospital – Whittier (PIH) for (1) Negligence, (2) Willful Misconduct, (3) Professional Negligence, and (4) Edler Abuse arising from the death of Plaintiff's spouse, Daniel Gonzales (Decedent). Plaintiff filed a Second Amended Complaint (SAC) on May 31, 2023 which added Barlow Respiratory Hospital as a defendant and a Wrongful Death cause of action. Legal...

Excerpt: ... Werbin, an attorney at DTLA Law Group, previously represented Defendant from 2017 to 2020. Mr. Werbin then joined DTLA Law Group in 2020. Judicial Notice Defendant's requests for judicial notice Nos. 1-13 are granted as they are records of any court of this state or of any court of record of the United States. (Evidence Code § 452(d).) Evidentiary Objections Plaintiff's objections to the Ruiters Declaration Nos. 1-7 are overruled. Plaintiff's o...

Excerpt: ...tions of the Song-Beverly Act for failure to repair or repurchase Plaintiffs' vehicle. Procedural Defect California Rules of Court, rule 3.1322 requires that “[a] notice of motion to strike a portion of a pleading must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count, or defense.” Here Defendant has requested in its Notice that “the Prayer for Relief insofar as...

Excerpt: ...TICE. The Complaint alleges that on August 24, 2022, “Plaintiff was driving on the Interstate 15 highway in San Bernardino County driving from San Bernardino where the Plaintiff resides to Victorville, also in San Bernardin County, when Plaintiff was struck several times from behind by Defendant DOE Driver 1.” (Complaint, ¶15.) “Defendant DOE Driver 1 was speeding in violation of California Vehicle Code $ 22350, was texting and driving in ...

Excerpt: ...efendants”). Plaintiff alleges that “[b]eginning in September of 2019, while Plaintiff was employed by ERUSD as its Assistant Superintendent of Business Services, he sent multiple emails… in which he disclosed his reasonable belief that ERUSD was engaging in acts that were in violation of California laws.” (Complaint ¶12.) “After Plaintiff disclosed the violation of the law, and prospective violations of law… ERUSD… began to engage...

Excerpt: ...vehicle. Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On December 28, 2022, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act. Defendant NISSAN NORTH AMERICA, INC. (“Defendant” or “Nissan”) now seeks to compel arbitration under the RISC and its accompanying arbitration agreement. Arbitration Agreement Parties may be compelled to arbitra...

Excerpt: ...laintiff”) on January 9, 2023. Plaintiff is seeking to recover payment “[f]or credit extended by Plaintiff to Defendant for purchases and/or cash advances by defendant and/or persons acting with Defendant's permission on the American Express credit card account XXXX-XXXXXX-X6006. Plaintiff has performed all conditions precedent to brining this action or Defendant has waived them.” (Complaint, CC-1(b)(6).) Plaintiff's Form Complaint asserts ...

Excerpt: ...pplemental Opposition, and continued the subject matters to allow Defendant/Moving Party the opportunity to file a Supplemental Reply. Consequently, the Court has reviewed and considered the Supplemental Reply filed on August 23, 2023. This wrongful death/elder abuse action was filed by Plaintiffs EDWANDA PRUITT, individually and as heir and successor in interest to ETHEL JOHNSON, deceased; and DARYL PRUITT, individually and as heir and successor...

Excerpt: ... on March 9, 2023. Plaintiffs alleges that Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) did not disclose and actively concealed a defect known as the “Honda Sensing Defect” affecting Plaintiff's 2022 Honda Accord vehicle. (See e.g., Complaint ¶¶8, 11-64.) Plaintiffs' Complaint asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Express Warranty; and (2) Fraudulent Inducement – ...

Excerpt: ...paid premiums on Defendant's workers' compensation insurance contract with SCIF. SCIF assigned its right to collect the unpaid premiums to Plaintiff Creditors Adjustment Bureau, Inc. (Plaintiff). Plaintiff alleges that Defendant failed to pay premiums to SCIF for three policies dating from May 10, 2019 to October 15, 2021. Defendant alleges it was in contact with SCIF's Audit Department regarding the dispute as to the unpaid premiums and was nego...

Excerpt: ...ants Alejandro Hernandez and Lakeland Financial (collectively Defendants). The lawsuit concerns a $75,000.00 oral loan agreement that Defendants would repay Plaintiff. Default judgment was entered on November 9, 2010. A notice of pendency of action was filed on November 15, 2011 concerning the real property recorded as Lot 301, Tract No. 21870 as per Map 593. Page 28-41 of Los Angeles County, CA, despite no mention of the property in the Complain...

Excerpt: ...fficient to constitute a cause of action and are time-barred. Plaintiff Jane Hodges, as trustee on behalf of the Ollison Family Trust, and as special administrator on behalf of the Estate of Rose Mary Ollison, filed the instant Complaint against Defendants Zev Brooks and The Law Offices of Zev Brooks for: 1) Legal Malpractice; and 2) Breach of Fiduciary Duty. The Complaint alleges that Plaintiff's mother, Rose Mary Ollison, designated Plaintiff a...

Excerpt: ...ach of oral agreement action. Plaintiff Schubert Investments Inc. alleges that in December 2021, Defendant Tay approached Plaintiff regarding an investment opportunity to become partial owner of Bellator. “PLAINTIFF and TAY agreed to the following terms (the “Oral Agreement”): a. SCHUBERT would receive a 10% ownership interest in BELLATOR in exchange for a direct investment of $100,000.00. b. PLAINTIFF would receive 10% of the profits from ...

Excerpt: ...tiff is ordered to file and serve its TAC by August 29, 2023. III. Cross-Complainant's motion for leave to file a first amended cross- complaint is GRANTED. Cross-Complainant is ordered to file and serve its first amended cross-complaint by August 29, 2023. Moving Party to give NOTICE. SAC Plaintiff Los Angeles Unified School District (“LAUSD”) alleges that Defendant Hanes Geo Components was negligent in the failure of an underground storm wa...

Excerpt: ...y fail to state facts sufficient to constitute a cause of action. This action for quiet title was filed by Plaintiff/Cross-Defendant Maria Sandoval on May 26, 2022. On September 9, 2022, Defendant/Cross-Complainant Gloria Sandoval filed a Cross-Complaint, which was demurred to and sustained with leave to amend. The First Amended Cross-Complaint (“FAXC”) alleges: “Cross-Complainant is the daughter-in-law of Cross-Defendant. Cross- Complainan...

Excerpt: ...ICE. Defendant City of Downey (“City”) demurs to the 1 st – 5 th, 9 th and 11 th causes of action on the ground that they fail to state facts sufficient to constitute a cause of action. The operative Second Amended Complaint (“SAC”) alleges that in 2020, Plaintiff's neighbor Joseph Nayebei aka Joseph Nayebi, trespassed onto Plaintiff's property, installed cameras and peered into Plaintiff's bedrooms and bathrooms, and refused Plaintiff'...

Excerpt: ...as move to compel the PMQ deposition of Defendant General Motors pursuant to CCP § 2025.450. Complaint On or about December 31, 2020, Plaintiffs Teresa Sanchez-Visperas and Danilo Visperas purchased a 2020 Chevrolet Silverado bearing the vehicle identification number (“VIN”) 3GCPWCED8LG434631. (Complaint, ¶ 4) Plaintiffs alleges that the vehicle suffered from nonconformities to warranty including, but not limited to, the air conditioning (�...

Excerpt: ...and JOAQUIN BARRAJAS allege that ‘[o]n January 26, 2021, Plaintiffs entered into a warranty contract with AMERICAN HONDA regarding a 2018 Honda Civic…. (Complaint, ¶ 14.) The vehicle suffers from electrical and transmission (Id., ¶ 29), and Defendant has been unable to repair the vehicle within a reasonable number of attempts (Id., ¶ 18). Based thereon, the Complaint asserts causes of action for: 1. Breach of Express Warranty – CC 1791.2...

Excerpt: ...COSIO (“Plaintiff”) on June 23, 2022. Plaintiff was employed by Defendant PIH HEALTH WHITTIER HOSPITAL (“Defendant” or “PIH”) as a nurse. (Complaint ¶7.) On or around September of 2021, PIH established a COVID-19 policy requiring all employees to be vaccinated against COVID-19 (the ‘Vaccine Mandate'). (Complaint ¶20.) “Plaintiff is a lifelong Christian who believes that her body is a vessel for the Holy Spirit of God, and that t...

Excerpt: ...s the action at law, the action at law sits in the twilight zone of abatement with the trial court retaining merely a vestigial jurisdiction over matters submitted to arbitration. This vestigial jurisdiction over the action at law consists solely of making the determination, upon conclusion of the arbitration proceedings, of whether there was an award on the merits….” ( Brock v. Kaiser Foundation Hospitals (1992) 10 Cal.App.4th 1790, 1796.) �...

Excerpt: ...erest, Dynamic Joe Construction, Inc. (“Dynamic Joe”) filed an administrative appeal with the Administrative Hearing Bureau of the California Department of Insurance (“CDI”). The two issues on appeal were: (1) whether State Fund erred in categorizing certain Dynamic Joe Workers as employees rather than independent contractors; and (2) if Dynamic Joe's workers were determined to be employees, whether State Fund miscalculated their renumera...

Excerpt: ..., Plaintiff filed the instant action against Defendants for damages, restitution, and statutory penalties for individual labor code violations purportedly committed by Defendants. Importantly, Plaintiff is not seeking civil penalties under PAGA in her present complaint. Pursuant to judicially noticeable documents, the Court is made aware that there are currently seven pending PAGA actions filed against Defendant SMCL Holdings, Inc. Defendant Safa...

Excerpt: ...(Plaintiff) subpoena for production of business records pursuant to CCP § 1987.1(a). Background Plaintiff's Complaint alleges that on April 23, 2020, Plaintiff was admitted to College Medical Center following a WIC § 5150 hold. Plaintiff was unconscious. When Plaintiff woke up the next day, April 24, 2020, he was disoriented and repeatedly asked two orderlies where he was. Plaintiff alleges the two orderlies shoved Plaintiff, and repeatedly pun...

Excerpt: ...give NOTICE. Defendant/Cross-Complainant Heather Davis (Davis) moves for orders compelling deposition attendance pursuant to CCP § 2025.450, responses to her Requests for Production pursuant to CCP § 2031.300, and requests monetary sanctions pursuant to CCP §§ 2025.450(g) and 2031.300. Background This case arises out of a contract dispute between Plaintiff Socal Lien Solutions, LLC (Socal) and Defendants/Cross-Defendants JOS Little B Trust an...

Excerpt: ...“transmission malfunctions, acceleration concerns, steering issues, gas pedal defects, and transmission assembly replacement, among other concerns.” (Id., ¶ 11.) Based thereon, the Complaint asserts causes of action for: 1. Breach of Implied Warranty of Merchantability 2. Breach of Express Warranty 3. Breach of Written Warranty 4. Breach of Implied Warranty Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court ...

Excerpt: .... Regardless, the court's ruling is not affected by the Reply. This is a dispute between two adjoining neighbors. Plaintiff Roy alleges that Defendant Brown has trespassed over Plaintiff's property and altered and/or meddled with Plaintiff's garden/vegetation and obstructed Plaintiff's security cameras. Based thereon, the operative First Amended Complaint asserts causes of action for: 1. Private Nuisance 2. Trespass 3. Negligence Cross-Complainan...

Excerpt: ... Plaintiff Hugo Barrera's Complaint alleges that ‘[o]n January 22, 2021, Plaintiffs entered into a warranty contract with GENERAL MOTORS regarding a 2021 Chevrolet Silverado 1500, VIN: 1GCPYCEF6MZ200372. (Complaint, ¶ 13.) The vehicle suffers from engine and electrical defects (Id., ¶ 14), and Defendant has been unable to repair the vehicle within a reasonable number of attempts (Id., ¶ 17). Based thereon, the Complaint asserts causes of act...

Excerpt: ...) facilities. The case is stayed pending the resolution of Defendant's Motion to Compel Arbitration. Reply Plaintiff's late filed Reply shall be considered by this Court. Legal Standard “Although there apparently are no reported cases expressly on point, the Civil Discovery Act applies to ‘every civil action and special proceeding of a civil nature.' ” (Bouton v. USAA Casualty Ins. Co. (2008) 167 Cal.App.4th 412, 427.) “Because a Code of ...

Excerpt: ...san (Dealership). Plaintiffs contend that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On July 29, 2022, Plaintiffs filed a Complaint against Defendant alleging violations of Song-Beverly Act and negligent repair. On February 15, 2023, the court granted Defendant's Motion to Compel Arbitration based upon Felisilda v. FCA U.S. LLC (2020) 53 Cal.App.5 th 486, the only controlling authority at the time the...

Excerpt: ...nes' (Plaintiff) First Amended Complaint pursuant to CCP § 437. Background Plaintiff brings this action against Defendant alleging violations of the Unruh Civil Rights Act (Unruh) and the Americans with Disabilities Act (ADA). Plaintiff uses a cane and walker for mobility and alleges he visited Defendant's place of business in Huntington Park and observed violations of the ADA concerning the parking lot. Plaintiff's First Amended Complaint alleg...

Excerpt: ...ement pursuant to CCP § 664.6. Background This action arises from a dispute as to the sale of real property in Maywood. At the February 28, 2023 Mandatory Settlement Conference, the parties agreed to an oral stipulated settlement on record. Legal Standard “If parties to pending litigation stipulate, in writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the co...

Excerpt: ...intiff) moves to compel court ordered discovery pursuant to CCP § 2031.300 and sanctions pursuant to 2023.010(g). Background On November 23, 2022, Plaintiff 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 2021 GMC Sierra 1500. Plaintiff alleges his vehicle suffered from defects and Defendant was unable to repair it within a reasonab...

Excerpt: ...nts Pico Center Inc., Wonsuk An, and Brian An move to compel responses to request for admissions pursuant to CCP § 2033.280. Complaint On September 30, 2019, Plaintiff Christopher Oliver filed a complaint alleging Wrongful Eviction. Plaintiff entered into an oral contract with defendant for monthly rental of $650 on a month-to-month basis. (Complaint, ¶ 7.) Plaintiff paid rent for the month of October 2017, but defendants manifested an explicit...

Excerpt: ...IN: 5FNRL6H51KB130309. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had electrical and transmission defects. (Id., ¶ 24.) Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverly Act – Breach of Express Warranty 2. Violation of the Song-Beverly Act – Breach of Implied Warranty 3. Fraudulent Inducement - Concealment Arbitration Agreement Parties may be compelled to arbitrate a dispute upon the court...

Excerpt: ...iled to control their vehicle, causing Plaintiff's damages. Based thereon, the Complaint asserts causes of action for: 1. Motor Vehicle 2. Negligence STANDARD A defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant...

Excerpt: ...his wrongful death/elder abuse action was filed by Plaintiffs MAUDE FOX, deceased, by and through her personal legal representative and successor in interest Deisree Fox; and DESIREE FOX, individually (collectively “Plaintiffs”). On December 29, 2022, the operative First Amended Complaint (“FAC”) was filed. Plaintiffs allege that “Decedent MAUDE was admitted to Defendant FACILITY in 2019 for skilled and custodial services to meet her ca...

Excerpt: ... alleges that Defendant GENERAL MOTORS LLC (“Defendant” or “GM”) did not disclose and actively concealed infotainment defects; engine defects; brake system defects; seat belt defects; and electrical defects affecting Plaintiff's 2019 Chevrolet Silverado 1500. (See Complaint ¶¶6-11, 50.) Plaintiff's FAC asserts the following causes of action: (1) Violation of Cal. Civ. Code §1793.2(d); (2) Violation of Cal. Civ. Code §1793.2(b); (3) Vi...

Excerpt: ... 27, 2023. This action for medical malpractice was filed by Plaintiffs on June 24, 2021. Plaintiffs' Complaint asserts a sole cause of action for general negligence. Defendant/Cross-Complainant Lakewood filed the subject Cross-Complaint on June 17, 2022. The Cross-Complaint asserts causes of action for: (1) Total Equitable Indemnity; (2) Partial Equitable Indemnity; (3) Contribution and Repayment; and (4) Declaratory Relief. Cross-Defendant BARUG...

Excerpt: ...N Gate as a Defendant. Flex N Gate seeks to amend its answer to indicate that it is being filed on behalf of Ventura Group Co., dba Flex N Gate Seeburn and Flex N Gate Bradford, the entities responsible for the design and manufacturing of the jack. “A trial court has discretion to allow amendment of any pleading at any stage of the proceedings and it has been said that liberality should be particularly displayed in allowing amendment of answers...

Excerpt: ...st Defendant. Legal Standard A defendant may move to quash service of summons on the ground of lack of jurisdiction of the court over him or her. (Code Civ. Proc., § 418.10, subd. (a)(1).) The court may dismiss without prejudice the complaint in whole, or as to that defendant, when dismissal is made pursuant to Section 418.10. (Code Civ. Proc., § 581, subd. (h).) “A court of this state may exercise jurisdiction on any basis not inconsistent w...

Excerpt: ...tories, Requests for Admission, and Form Interrogatories. Plaintiff also requests sanctions. Defendant Gloria Sandoval (Defendant) requests sanctions in her oppositions. Background This is a Financial Elder Abuse case. The Third Amended Complaint (“TAC”) alleges that the real property at issue was transferred from Plaintiff Maria Sandoval's trust to Defendant Gloria Sandoval and her now deceased husband, Everardo Sandoval, in 2012. (TAC, ¶¶...

Excerpt: ...nst Defendant American Honda Motor Co., Inc. (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiffs' 2019 Honda HR-V EX (Subject Vehicle). Plaintiffs allege that the Subject Vehicle was defective and Defendant has been unable to repair the vehicle within a reasonable number of attempts and did not repurchase it. Meet and Confer The court finds that the parties adequately met and conferred prior t...

Excerpt: ...ion and stay proceedings. The motion is not opposed. Background Plaintiff Marisela Covarrubias, individually and as heir and successor in interest to Mary Ester Castaneda, (Plaintiff) filed a complaint against Defendants for the wrongful death of her mother Ms. Castaneda. Plaintiff alleges causes of action for (1) Wrongful Death; (2) Violations of the Elder Abuse Act; and (3) Violations of H&S Code § 1430(b). Legal Standard Parties may be compel...

Excerpt: ...o Schaffer (Plaintiff), against K&M, who owns, manages, and/or controls the property located at 2443 E. 27th Street, Vernon, California. (Complaint, ¶ 2.) Defendant Felix Goldberg is the trustee of the Felix Goldberg Trust, and the trust is the owner of the property. (Id., ¶ 3.) On February 21, 2019, Plaintiff sustained injury on the property when he fell through the floor of the second story down to the first story of the premises. (Id., ¶¶ ...

Excerpt: ...6. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had “serious defects and nonconformities to warranty including, but not limited to, electrical, suspension, engine, and emission system defects..” (Id., ¶ 10.) Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverly Act – Breach of Express Warranty 2. Violation of the Song-Beverly Act – Breach of Implied Warranty 3. Violation of the Song-Beverly ...

Excerpt: ...urchased a 2019 Chevrolet Express.” (Complaint, ¶ 7.) Plaintiff alleges that the vehicle developed defects that defendant could not repair. (Id., ¶¶ 13, 16.) Based thereon, the Complaint asserts causes of action for: 1. Violation of CC § 1793.2(d) 2. Violation of CC § 1793.2(b) 3. Violation of CC § 1793.2(a)(3) 4. Violation of CC § 1791.2(a), 1794 5. Violation of CC § 1791.1, 1794 STANDARD A defendant has met his or her burden of showin...

Excerpt: ...vember 5, 2021 Plaintiff JANE DOE was attending her science class at the subject premises when she was approached by her science teacher, Defendant JOHN DOE. Defendant JOHN DOE approached Plaintiff and made numerous sexual comments and/or sexual insinuations.” (Complaint, ¶ 18.) Based thereon, the Complaint asserts causes of action for: 1. Assault (v. John Doe) 2. Battery (v. John Doe) 3. IIED (v. John Doe) 4. Negligent Hiring, Supervision & R...

Excerpt: ...te a cause of action. First Amended Complaint On April 27, 2020, Plaintiff Sapienza entered into a warranty contract with Ford regarding a 2020 Ford Fusion vehicle. (Complaint, ¶ 15.) “Defects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to transmission.” (Id., ¶ 16.) def was unable to repair the vehicle. (Id., ¶ 19.) Based thereon, the Complaint asserts caus...

Excerpt: ...ntiff [Gabriela Ayala] was lawfully on Defendants' premises located at 12270 Paramount Blvd., Downey, CA 90242, for the mutual benefit of Plaintiff and the Defendants. At such time and place, Defendants allowed a dangerous condition, which created a slip hazard, to remain on their property resulting in injury to Plaintiff. Additionally, Defendant, WALMART INC.'s employees had been negligently trained, managed, retained and supervised contributing...

Excerpt: ...Request for Production of Documents (set one). 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 § 2031.310(b).) Plaintiff alleges that Plaintiffs' 2015 GMC Sierra 1500 vehicle suffers from engine...

Excerpt: ...tion of Barbra J. Lopez filed on March 10, 2023 in conjunction with Plaintiff's Reply. All papers filed on or before July 27, 2023 have been read and considered. The Court issues a tentative ruling on the merits. This collections action was filed on April 27, 2022 by Plaintiff JPMORGAN CHASE BANK, N.A.s (“Plaintiff” or “Chase”) against Defendant PRECISION DIAGNOSTIC IMAGING INC. (“Defendant” or “PDII”). The Complaint alleges the f...

Excerpt: ...�128.7 is GRANTED. Moving Party to give notice. Defendants' Requests for Judicial Notice are GRANTED. (Cal. Ev. Code §452.) Absent prejudice to the Moving Parties, and in the interests of justice and judicial efficiency, the Court has read and considered Plaintiff's untimely Opposition filed and served on July 28, 2023— due by July 21, 2023. (CCP §1005(b).) The relevant procedural history of this case is as follows: · On November 13, 2002, J...