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

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

Excerpt: ...deposing Councilmembers Bruce Barrows, Naresh Solanki, and Choung Vo. Background This is a trip and fall case. The operative First Amended Complaint (FAC) alleges: “Plaintiffs are informed and believe and, based on such information and belief, alleges that on or about September 26, 2021, the City of Cerritos maintained the sidewalk located between 13745 and 13751 Beach Street Cerritos, CA 90703. Plaintiffs allege Defendant Brightview Tree Care ...

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

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

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

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

Excerpt: ...eek sanctions. Background On October 24, 2022, Plaintiffs filed a Complaint against Defendant American Honda Motor Co., Inc. (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle and Fraudulent Concealment. Legal Standard CCP § 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or...

Excerpt: ...r 3, 2022, Plaintiff filed a Complaint against Defendant Volkswagen Group of America (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle and against Irvine Auto Retail II, Inc. (Irvine Auto) for negligent repair. Legal Standard CCP § 2031.310 allows a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or eva...

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

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

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

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

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

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

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

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

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

Excerpt: ...ndants Affluent Staffing, LLC and Office Chairs, Inc. for discrimination, wrongful termination, and Labor and Government Code violations arising out of a workplace injury in July 2017. Plaintiff alleges that Norberto Garcia was his supervisor and Defendant's production manager for 25 years. Legal Standard If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issu...

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

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

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

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

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

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