Excerpt: ...o CCP § 2031.310. Background On September 30, 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 2019 Chevrolet Silverado (Subject Vehicle). Plaintiff alleges 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 ...

Excerpt: ...Installment Sales Contract (RISC) to finance his purchase of a 2017 Nissan Altima from a Nissan dealership. Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On February 14, 2023, Plaintiff filed a Complaint against Defendant alleging: (1) breach of express warranty; (2) breach of implied warranty of merchantability; and (3) violation of the Song-Beverly Act Section 1793.2(b). Defenda...

Excerpt: ...s Airbnb, 14042 Lynmark Street Apartments, and Champa Perera for personal injury and monetary damages arising from a stay at an Airbnb property. Plaintiff alleges causes of action for (1) Battery; (2) Negligence; (3) Intentional Infliction of Emotional Distress; (4) Fraudulent Concealment; (5) Private Nuisance; (6) Public Nuisance; and (7) Breach of Contract. Legal Standard Parties may be compelled to arbitrate a dispute upon the court finding th...

Excerpt: ... testimony are advanced to this date and continued to October 25, 2023. Briefing schedule is per code. Moving Party to give NOTICE. This hearing is regarding the court's determination of whether the litigation privilege protects Plaintiff/cross-Defendant Saadia Square's (Saadia) January 12, 2021 email. Background Saadia filed a complaint against numerous Square Mile (SM) and All-Ways entities (All-Ways) (collectively Defendants) for: (1) Breach o...

Excerpt: .... Background Plaintiff/Cross Defendant Altamed Health Services (Alta) filed this complaint on June 15, 2021 against InnoVage for (1) Intentional Interference with Prospective Economic Advantage; (2) Negligent Interference With Prospective Economic Advantage; and (3) Violation of Business and Professions Code §§ 17200 et. seq. On March 30, 2022, InnoVage filed a cross-complaint against Alta for (1) Intentional Interference with Contract; (2) Int...

Excerpt: ...amaha motorcycle in the carpool lane on the northbound I-605 (San Gabriel River Freeway) approximately 1320 feet south of Saragosa Street, in the City of Whittier, County of Los Angeles, State of California. Defendants, DENNIS MARTIN AVILA, and DOES 1 to 20 were driving their 2016 Chevrolet Cruz automobile in the number four northbound lane of I- 605 after consuming alcohol, knowing that they would be driving a vehicle, or conscious indifference ...

Excerpt: ...ent & 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, 2020. T...

Excerpt: ...mplaint alleges that ‘[o]n or about March 29, 2019, in exchange for valuable consideration, Plaintiff purchased a 2019 Jeep Grand Cherokee (hereinafter “Vehicle”), manufactured and/or distributed by Defendant, with corresponding Vehicle Identification Number 1C4RJEAG5KC673400. (Complaint, ¶ 5.) The vehicle suffers from electrical, engine, oil, air conditioning, and safety system defects (Id., ¶ 11), and Defendant has been unable to repair...

Excerpt: ...Tomas Chavez Garcia's Complaint alleges that ‘[o]n August 24, 2021, Plaintiff purchased a 2021 Honda Accord, having VIN No. 1HGCV1F39MA094953. (Complaint, ¶ 8.) The vehicle suffers from electrical and emissions system defects (Id., ¶ 10), and Defendant has been unable to repair the vehicle within a reasonable number of attempts (Id., ¶ 24). Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverly Act – Br...

Excerpt: ...e 4 th cause of action for Fraud on the ground that it fails to state facts sufficient to constitute a cause of action and is time-barred. First Amended Complaint On October 7, 2017, Plaintiffs Cipriano Jimenez and Martin Jimenez purchased a 2017 Chevrolet Colorado, having VIN No.: 1GCGSDEN2H1228074. (Complaint, ¶ 4.) “Shortly after Plaintiffs purchased their vehicle, they began to experience the Transmission Defects which gradually worsened o...

Excerpt: ...ficient to constitute a cause of action. First Amended Complaint On November 24, 2018, Plaintiffs Alejandro Mejia and Federico Mejia purchased a 2018 Chevrolet Silverado, having VIN No.: 3GCUKSEC5JG503689. (Complaint, ¶ 4.) “Shortly after Plaintiffs purchased their vehicle, they began to experience the Transmission Defects which gradually worsened over time.” (Id., ¶ 13.) Based thereon, the Complaint asserts causes of action for: 1. Violati...

Excerpt: ...Y, INC. (“ESI”); DALIA GODINEZ (“Dalia”); and WELLS FARGO BANK (“Wells Fargo”) on May 6, 2021. On February 10, 2023, the operative Third Amended Complaint (“TAC”) was filed. The TAC alleges, in pertinent part: “Lazaro W. Diaz (hereafter ‘Lazaro') opened escrow #87327-DA with ESCROW TODAY, INC. (hereafter ‘ETI') on August 3, 2020, for the purchase of real property described as: 919 Grace Street, Bakersfield, CA 93305 (hereaft...

Excerpt: ...Defendants ELIZABETH GONZALEZ; JOSEPH GONZALEZ; MOSSES GONZLAES; and MIRANDA GONZALEZ (collectively “Defendants”). Defendants demur to the sole cause of action for unlawful detainer. As to the Entire Complaint – Uncertainty Defendants argue that Plaintiff's pleading is fatally uncertain. This argument lacks merit because “[a] special demurrer for uncertainty is not intended to reach the failure to incorporate sufficient facts in the plead...

Excerpt: ...of a 2017 Nissan Infiniti vehicle from Infiniti of Mission Viejo (Dealership). Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On October 21, 2022, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act and negligent repair. Defendant now seeks to compel arbitration under the RISC and its accompanying arbitration agreement. Arbitration Agreement Partie...

Excerpt: ...ndants' Demurrer and Motion to Strike is GRANTED. Plaintiffs to Give Notice. “The court may… at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter (1) there is “irrelevant, false or improper matter inserted in any pleading”; or (2) to strike any pleading or part thereof “not drawn or filed in conformity with the laws of this state, a court rule or order of court.” (CCP ...

Excerpt: ...(“Plaintiffs”) on September 26, 2022. On January 13, 2023, the operative First Amended Complaint (“FAC”) was filed. Plaintiffs allege that Defendant GENERAL MOTORS LLC (“Defendant” or “GM”) did not disclose and actively concealed a transmission defects affecting Plaintiffs' 2016 Chevrolet Colorado. (See Complaint ¶¶4-5936.) Plaintiff's FAC asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Expre...

Excerpt: .... The Court notes that Plaintiff's former counsel's Motion to be Relieved as Counsel was granted on May 17, 2023. This breach of contract action was filed on December 8, 2021. On December 30, 2022, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges the following relevant facts: “In or about June 2020, Plaintiff began discussions with Blumerq to purchase a large quantity of 3M 8160 N95 Surgical Masks (the ‘Masks'). I...

Excerpt: ...nd evidentiary sanctions pursuant to CCP § 1281.99 Background On October 27, 2021, Plaintiff Daisy Ferrer entered into a Retail Installment Sales Contract (RISC) to finance her purchase of a 2015 Audi from Defendant Pro X Motors, Inc. (Pro X). Plaintiff contends that she asked a Pro X salesperson if the vehicle had “a clean CARFAX” and was told it did. She alleges that there were two damages reports on CARFAX from 2017 and 2018 after purchas...

Excerpt: ...order compelling further response to her requests for production pursuant to CCP § 2031.310. Background On December 10, 2019 Plaintiff Fanny Reyes (Plaintiff) entered into a Retail Installment Sales Contract (RISC) to finance their purchase of a 2020 Nissan Altima from a Nissan dealership. Plaintiff contend that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On July 21, 2022, Plaintiff filed a Complaint ...

Excerpt: ...laintiff was employed from January 2020 to May 2020. Plaintiff sent notice to LWDA on September 30, 2021 and filed her complaint on December 7, 2021 seeking only a PAGA cause of action as a representative. Judicial Notice All requests for judicial notice are granted as documents of court. Legal Standard The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, unde...

Excerpt: ...endants Sam Entertainment Group and Simon Simonian (Defendants) for violations of the Labor Code. Plaintiff now seeks preliminary approval of the dismissal of her PAGA claims without prejudice such that she may settle individually. Legal Standard As a “fiduciary” of the absent class members, the trial court's duty is to have before it sufficient information to determine if the settlement is fair, adequate, and reasonable. (7-Eleven Owners for...

Excerpt: ...ober 5, 2020. Plaintiff Dornetta Napier (Plaintiff), a security guard employed by SPS, brought this action against Camino Real Foods (Camino) and Robert Cross (collectively Cross-Complainants) when she was working on Camino's property and a gate fell on her. Plaintiff alleged causes of action for premises liability and general negligence. Cross-Complainants filed a cross-complaint against SPS asserting causes of action for (1) equitable indemnity...

Excerpt: ... fails to comply with the Tort Claims Act. Defendant additionally moves to strike the 2 nd – 4 th causes of action. 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. On fur...

Excerpt: ...on on the ground that they fail to state facts sufficient to constitute a cause of action. Defendant additionally moves to strike the 3 rd – 4 th causes of action, treble damages, and ¶ 58. The Complaint alleges that Plaintiff Doe was sexually assaulted by her gym teacher, Defendant Kip Arnold. “Despite the unequivocal evidence that ARNOLD was a danger to minors, LAUSD ignored the risks and kept ARNOLD in the teaching environment where he co...

Excerpt: ...T Plaintiff Jesus Garcia's Third Amended Complaint (“TAC”) alleges that Defendant Franklin Credit Management Corporation engaged in Unfair Debt Collection Practices. “Plaintiff Jesus Garcia (“Plaintiff”), at all relevant times, has owned the Property located at 11470 Pruess Ave., Downey, CA 90241.” (TAC, ¶ 8.) “Plaintiff purchased the Property in December 1994. In October 2005, Plaintiff sought to refinance existing mortgages on th...

Excerpt: ...chased a 2019 Honda CR-V, VIN: 5J6RW1H83KA020417. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle was “equipped with defective computerized driver-assistance safety systems called “Honda Sensing”.” (Id., ¶ 11.) 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 arbitrat...

Excerpt: ...ff Henry Aguila from filing any new litigation in the courts of this state is MOOT. Moving Party to give NOTICE. Defendant Joseph Shabani moves to have Plaintiff Henry Aguila deemed a vexatious litigant and for the following orders: (1) prohibiting Aguila from filing any new litigation in the Courts of this State without first obtaining leave from the presiding justice or judge of the Court where the litigation is proposed to be filed, and (2) re...

Excerpt: ... Defendants MANUEL CORIA and BRIGHTSIDE ELECTRICAL & PLUMBING, INC. (“Defendants”) to submit further responses to Form Interrogatories 13.1 and 13.2: · FI 13.1: Have YOU OR ANYONE ACTING ON YOUR BEHALF conducted surveillance of any individual involved in the INCIDENT or any party to this action? If so, for each surveillance state: (a) the name, ADDRESS, and telephone number of the individual or party; (b) the time, date, and place of the sur...

Excerpt: ...se of a 2019 Honda Pilot vehicle from Autonation Honda Costa Mesa (Dealership). Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On August 29, 2022, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act and fraud. Defendant now seeks to compel arbitration under the RISC and its accompanying arbitration agreement. Arbitration Agreement Parties may be co...

Excerpt: ...Premises Liability. Defendants KIM and BAIK were subsequently added as DOE 1 and DOE 1. Raymond Yi passed away in 2022. SUNG KUK YI (“Plaintiff”), Plaintiff's father, has substituted in as party plaintiff for Decedent. Defendant JSGS Partners, LLC's Motion for Summary Judgment was granted on September 11, 2020. Defendant CHOI's motion for summary judgment was granted on February 9, 2021. Defendant DONG HYUN BAIK (“Baik”) is the sole remai...

Excerpt: ...hase of a 2018 Ford Mustang Vehicle was filed on September 1, 2022. Legal Standard “Pursuant to CCP §2025.450, if after service of a deposition notice, a party to the action, without having served a valid objection, fails to appear for examination, or proceed with it, or to produce for inspection any document, the party giving notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of ...

Excerpt: ...eah Kaseblyan, a minor by and through her guardian ad litem, Ani Khachikyan, (collectively, Plaintiffs), filed this action against defendants Platinum Transportation Group, Inc. (Defendant) and Miguel Angel Pacheco (Pacheco) for damages arising from a motor vehicle accident. Plaintiffs allege that defendants were hired to transport Plaintiffs, and that defendants negligently caused an accident while Plaintiffs were passengers in defendants' vehic...

Excerpt: ...ntiff Jordan Primo (Plaintiff) on December 4, 2019 asserting a cause of action against Defendant for Healthcare Malpractice. Plaintiff alleges that he requested to undergo medical care for “hives” at a nearby medical office while at work as a fireman for Defendant. Plaintiff alleges his supervisor instructed him to seek medical care of two licensed paramedics working at the fire station. He contends that the medical care provided caused him c...

Excerpt: ...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.) The court also retains a separate, limited jurisdiction o...

Excerpt: ...plaint against Defendant National Trench Safety, Inc. (Defendant) for violations of the Labor Code. Plaintiff now seeks approval of the PAGA Settlement and Release. Legal Standard “The superior court shall review and approve any settlement of any civil action filed pursuant to this part.” (CCP § 2699(l)(2).) “Because many of the factors used to evaluate class action settlements bear on a settlement's fairness— including the strength of t...

Excerpt: ...ne of Defendant Ford Motor Company's (Defendant) dealerships on February 25, 2018. Plaintiff filed a complaint alleging violations of the Song-Beverly Act, breach of the implied warranty of merchantability, and fraud. Plaintiff alleges that the complaint is subject to “any statutes of limitation applicable to Plaintiff's claims- including, without limitation, the express warranty, implied warranty, and negligent repair – the running of the li...

Excerpt: ...tute. (CCP § 489.220.) Moving Party to give NOTICE. This is an action for breach of equipment lease in the sum of $70,446.83. The Complaint asserts causes of action for: 1. Breach of Lease Agreement 2. Breach of Guaranty 3. Account Stated 4. Claim and Delivery I. Writ of Possession Plaintiff Financial Pacific Leasing, Inc. applies for a writ of possession pursuant to CCP § 512.010 et seq. Notice Prior to the hearing, the defendant shall be serv...

Excerpt: ...��) and Krystle Brewster move to compel arbitration pursuant to CCP § 1281.2. As an initial matter, the Opposition was filed LATE. However because Defendants were able to file a Reply, the court will consider the arguments on the merits. This is an employment action brought by Plaintiff Sagrero against Plaintiff's employer, Defendant Bergen Shippers Corp. and co-employees Cristal Doe and Christian Doe for Disability Discrimination. The Complaint...

Excerpt: ...ender, 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 Contract 2. Common Counts STANDARD “A plaintiff… has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling th...

Excerpt: ...ho, Manuel Camacho and Monica Selanikio move to set aside entry of default and default pursuant to CCP §§ 473 and 473.5. This is an action for Quiet Title filed by Plaintiff William Gonzalez relating to property that is 10,108 square feet located in the City of Pico Rivera. (Complaint, ¶ 9.) Defendant ANGELO JONES is the record owner of certain property located at 6411 Silverette Dr, Pico Rivera, CA (Id., ¶ 11), which adjoins Plaintiff's prop...

Excerpt: ...r PAGA for personally sustained violations and violations against other aggrieved employees. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate....

Excerpt: ...alleges the following relevant facts: “On April 22, 2020… Plaintiff IRENE LOPEZ TARIN, was walking on Pine Ave. and tripped an [sic] fell due to a dangerous condition in the form of severely uneven pavement.” (FAC Prem. L-1.) Plaintiff alleges that “Defendants and each of them negligently and carelessly owned, operated, managed, entrusted, designed, and maintained said premises as to cause bodily injury to Plaintiff.” (FAC GN-1.) The FA...

Excerpt: ...ee simple owner of the Subject Property located at 11431 Asmussen Ave., Norwalk, CA 90650. (Complaint ¶¶7-8.) “In early 2010, TAFOLLA was afflicted with breast cancer and was concerned that she may die…. [¶] Due to the fact that CARMEN was not willing to hold title to the SUBJECT PROPERTY on behalf of TAFOLLA, CARMEN enlisted the help of daughter and TAFOLLA'S granddaughter, DUNCAN. DUNCAN through CARMEN agreed to hold a 50% title interest...

Excerpt: ...TORS LLC (“Defendant” or “GM”) did not disclose and actively concealed a defective high voltage battery pack affecting Plaintiff's 2020 Chevrolet Bolt vehicle. (See Complaint ¶¶8-36.) Plaintiff's Complaint asserts the following causes of action: (1) Fraud Concealment and Misrepresentation; (2) Negligent Misrepresentation; (3) B&P Code §17200; (4) Violation of Song- Beverly Act (Breach of Express Warranty); (5) Violation of Song-Beverly...

Excerpt: ...y 21, 2023, Defendant/Cross-Complainant THOMAS REYES, JR. (“Cross-Complainant” or “Reyes”) filed subject Second Amended Cross-Complaint (“SAXC”). The SAXC alleges, in pertinent part: “This Cross-Complaint centers around the fraud and breach of duties by Cross-Defendants to take control of Cross-Complainant's business and the Cross-Defendant's attempts to take Cross-Complainant's personal property that he created and owned before the...

Excerpt: ...itaker (Plaintiff) brings this action against Defendant alleging violations of the Unruh Civil Rights Act (Unruh) and the California Disabled Persons Act (CDPA). Plaintiff uses a wheelchair for mobility and alleges he visited Defendant's store located in Bellflower and observed a violation of the Americans with Disabilities Act concerning a path of travel within the store. Plaintiff's Complaint alleges two causes of action: (1) violation of Unruh...

Excerpt: ...ch caused damages at a property located at 9949 Winfield Avenue, Whitter, California 90603 (the Property). On June 6, 2022, Plaintiff Fire Insurance Exchange (Plaintiff) filed a complaint against Defendant for subrogation for negligent damages to property. It alleges that Plaintiff was the insurer of the Property, that Defendant negligently caused damage to the Property, and Plaintiff paid the Property owner $269,419.74 for the damages alleged to...

Excerpt: ... infestation, defective doors, defective plumbing, defective electrical wiring, mold, and the carpet needed replacement. The FAC asserted causes of action for: (1) Breach of Warranty of Habitability; (2) Specific Performance of Negligent Maintenance of Premises; (3) Nuisance; (4) Order Abating a Nuisance; (5) Intentional or Reckless Infliction of Mental Distress; (6) Breach of Covenant of Good Faith and Fair Dealing; (7) and Order Restraining Unl...

Excerpt: ...ney's fees prior to the appeal in the amount of $129,820.00, and for an award of attorney's fees in connection with the appeal in the amount of $18,565.00. Prevailing Party CCP § 1717(a) provides, “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determ...

Excerpt: ...ceedings pursuant to CCP § 1281 et seq. Complaint On April 12, 2019, Plaintiff MARIA RAMIREZ DE DELGADO leased a new 2019 Nissan Altima, VIN: 1N4BL4BV8KN324292. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had a Continuously Variable Transmission (“CVT”) defect, and attempts to repair the vehicle failed to cure the defects. (Id., ¶¶ 11, 77.) Based thereon, the Complaint asserts causes of action for: 1. Violation of the Song-Beverl...

Excerpt: ...OS purchased a 2019 Nissan Pathfinder, having VIN No. 5N1DR2MN9KC592097. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had “serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, transmission, engine, electrical, structural, suspension, steering, and emissions system defects.” (Id., ¶ 10.) Based thereon, the Complaint asserts causes of action ...

Excerpt: ...IS purchased a 2019 Nissan Altima, having VIN No. 1N4BL4BV6KC175893. (Complaint, ¶ 8.) Plaintiff alleges that the vehicle had “defects causing the Subject Vehicle to stall out when sitting a stop for less than a minute; defects causing the Forward Emergency Braking (“FEB”) system to falsely engage or otherwise not work as intended; defects causing the Subject Vehicle to detect non-existent obstacles, thereby automatically triggering the br...

Excerpt: ...District of Delaware, Case No. 20-10343 have been resolved, pursuant to CCP § 128(a)(8). Plaintiff's John Doe and John Doe OQ are brothers who filed two separate actions, which were subsequently consolidated against Defendant The Salvation Army alleging sexual abuse by Paul Fanning, a former officer in The Salvation Army, between 1991 and 1995. At the time Plaintiffs interacted with Fanning, he was also the leader of their Boy Scout troop. In th...

Excerpt: ...g relevant facts: “Plaintiff started working for Defendant in or around September 2011 as a Barista Manager….. Plaintiff's work performance was consistently above expectation as she was a top performer according to her performance reviews.” (Complaint ¶8.) “At the time of her termination, on September 3, 2020, Plaintiff was around 56 years old, while Defendant hired and retained predominantly employees in their 20s and 30s. [¶] Plaintif...

Excerpt: ...ULED in part and SUSTAINED without leave to amend in part. IV. Defendant MANOLITO FIDEL, M.D.'s Motion to Strike Portions of Plaintiff's Second Amended Complaint is DENIED. Opposing Party to Give Notice. The parties' Requests for Judicial Notice are GRANTED. (Cal. Ev. Code §452.) This dependent abuse/neglect action was filed by Plaintiff JANE DOE (“Plaintiff”) on May 7, 2019. On March 7, 2023, the operative Second Amended Complaint (“SAC�...

Excerpt: ...rike punitive damages, improper matters, and attorney's fees allegations pursuant to CCP §§ 435, 436, and 437. Plaintiffs Cindy Mora, Hans Torres, Christina Pantoja, Gyselle Plascencia, Joe Mora, Jose Medina, Angelina Ybarra, and Justo Lopez, Jr. allege that Defendant Pico Rivera Fashion Park LP failed to provide Plaintiffs a habitable dwelling. The Complaint asserts causes of action for: 1. Failure to Provide Habitable Dwelling 2. Breach of Co...

Excerpt: ...iff 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 Chevrolet Silverado. Plaintiff alleges that his 2021 Chevrolet Silverado vehicle suffers from connectivity system, engine, transmission, and display systems defects and Defendant has been unable to repair the vehicle within a reasonable number of attempts. Legal Standard CCP §...

Excerpt: ...roceedings pursuant to CCP § 1281 et seq. Background On February 26, 2020, Plaintiff Erik Clarke entered into a Retail Installment Sales Contract (RISC) to finance the purchase of a 2019 Ford F-150 from Defendant Caruso Ford (Dealership). Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On October 27, 2022, Plaintiff filed a Complaint against Defendants Ford Motor Company (“FMC”...

Excerpt: ...tempts to repair the vehicle failed to cure the defects. On December 16, 2022, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act. Defendant 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 between the parties; and (2) said agre...

Excerpt: ...by Plaintiff TESUS, INC. (“Tesus”) on October 18, 2021 against Defendant LBA RV-COMPANY XCVIII, LP (“LBA”). The operative First Amended Complaint (“FAC”) was filed on November 23, 2021. Tesus alleges that LBA breached the monthly commercial lease agreement between the parties by: (a) Failing to appropriately distribute operating expenses payments paid by Plaintiff to Defendant pursuant to the commercial lease agreement (the ‘Lease')...

Excerpt: ...INC.; and COMPLETELY FRESH FOODS, INC.'s Motion to Strike Portions of Plaintiffs PABLO ALABARRAN and VANESSA ALABARRAN's Complaint is MOOT. Moving Party to give notice. This personal injury action was filed on January 6, 2021. On November 16, 2022, the Subject Complaint was filed by Plaintiffs PABLO ALABARRAN and VANESSA ALABARRAN (collectively “Plaintiffs”). Plaintiffs allege the following relevant facts: Plaintiff Pablo Albarran was an empl...

Excerpt: ... but have not, been joined are entitled to move to abate the action.” (Adams v. Superior Court (2011) 196 Cal.App.4th 71, 77.) “The heirs need not be joined— and, indeed, cannot be joined—in a wrongful death action brought by the personal representative of decedent's estate because, in that case, the personal representative is suing on behalf of all the heirs [citations].” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial...

Excerpt: ...ion against Defendants Miguel Pantoja (Pantoja) and Healing Therapy Spa, Inc. (Healing Therapy) (collectively Defendants), asserting causes of action for (1) gender violence, (2) sexual battery, (3) assault, (4) battery, (5) intentional infliction of emotional distress, and (6) negligence. The Complaint alleges the following: on or about February 23, 2018, Plaintiff went to get a massage at Healing Therapy. Defendant Pantoja (her masseur) raped h...

Excerpt: ... furtherance of the defendant's right of free speech or petition, unless the plaintiff establishes that there is a probability that the plaintiff will prevail on the claim. The defendant bears the initial burden of showing that the plaintiff's claim is based on an act of defendant in furtherance of his right to free speech and, thus, falls within the class of suits subject to a motion to strike under CCP section 425.16.¿(Fox Searchlight Pictures...

Excerpt: ... (also spelled “Mackara Tran”) filed suit against Metro Home Design and Construction, d.b.a. M H Design and Construction (“Defendant MH”) and Mansour Moravej (“Defendant Moravej”, collectively, “Defendants”) alleging five (5) causes of action stemming from a home improvement contract: 1. Breach of Contract 2. Violation of Business and Professional Code § 7159 and Enforcement of Business and Professional Code § 7160 3. Disgorgeme...

Excerpt: ...023, Defendant moved to compel arbitration. Plaintiffs allege that on September 18, 2022, Plaintiffs purchased a 2020 Hyundai Kona, bearing the Vehicle Identification Number of KM8K33A58LU415037 (the “Subject Vehicle”). (Complaint ¶ 9.) Express warranties accompanied the sale of the Subject Vehicle to Plaintiffs by which Hyundai Motor America undertook to preserve or maintain the utility or performance of Plaintiffs' vehicle or to pay if the...

Excerpt: ...or recovery of attorney's fees and costs for the prevailing party in any action on a contract, where the contract specifically provides for attorney's fees and costs. Similarly, Civil Code § 5975(c) provides that in an action to enforce governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs. On January 24, 2022, Plaintiff Benton Bay Homeowners Association filed this action against Gretchen A. Mos and Tyle...

Excerpt: ...nant of good faith and fair dealing, (4) breach of implied warranty of plans and specifications, (5) lost bonding capacity, and (6) wrongful termination. On November 1, 2022, this Court sustained Defendant's demurrer to the third and sixth causes of action. On November 15, 2022, Plaintiff filed the operative First Amended Complaint (“FAC”) for (1) breach of contract, (2) violation of California Civil Code for Prompt Payment Act, (3) breach of...

Excerpt: ... filed the operative Second Amended Complaint (“SAC”). The SAC alleges, in pertinent part that, “[u]p through the middle of 1995, Edward and Delfina Garcia and Michael Sanchez were the owners of the residential real property commonly known as 5021 Harbor Street, Commerce, California (the ‘5021 Property'). In the middle of 1995, Defendant Richard Sanchez went to the Garcias and Plaintiff to borrow a loan against the 5021 Property to take c...

Excerpt: ... furtherance of the defendant's right of free speech or petition, unless the plaintiff establishes that there is a probability that the plaintiff will prevail on the claim. The defendant bears the initial burden of showing that the plaintiff's claim is based on an act of defendant in furtherance of his right to free speech and, thus, falls within the class of suits subject to a motion to strike under CCP section 425.16.¿(Fox Searchlight Pictures...

Excerpt: ...ies to give notice. Plaintiff's Complaint alleges that on April 30, 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 punched Plaintiff's face and body. Plaintiff has a history of manic depression. (...

Excerpt: ...t (RISC) to finance their purchase of a 2019 Nissan Kicks vehicle from Downey Nissan (Dealership). Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On October 4, 2022, Plaintiff filed a Complaint against Defendant alleging violations of Song-Beverly Act and fraud. Defendant now seeks to compel arbitration under the RISC and its accompanying arbitration agreement. Arbitration Agreemen...

Excerpt: ...ts 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.) The court also retains a separate, lim...

Excerpt: ...e 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.) T...

Excerpt: ...ucios (Plaintiffs) entered into a Retail Installment Sales Contract (RISC) to finance their purchase of a 2020 Nissan Sentra from Defendant Nissan of Alhambra (Dealership). Plaintiffs contend that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On January 12, 2023, Plaintiffs filed a Complaint against Defendant alleging violation of Song-Beverly Act and fraud against and negligent repair against the Dealer...

Excerpt: ... 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.) The court also retains a sep...

Excerpt: ...ons in the total amount of $2,137.50. Moving Party to give Notice. Opposition On May 8, 2023, Plaintiff's counsel filed a two-page opposition memorandum and a three-paragraph declaration, claiming that he was not served with the instant motion prior to the original scheduled hearing date on May 16. On that basis, the court continued the May 16 hearing to this date, June 13, to allow for proper service. Defense counsel served plaintiff's counsel e...

Excerpt: ...erly Act – Breach of Express Warranty, Fraudulent Inducement – Intentional Misrepresentation, and Fraudulent Inducement – Concealment, in connection with a vehicle purchased on August 8, 2019. Defendant Nissan filed this motion to compel arbitration on January 12, 2023. Plaintiffs have not opposed the motion and no opposition is in the Court's files for this action. Defendant Nissan filed a reply on June 6, 2023. Analysis Legal Standard Par...

Excerpt: ...f implied warranty of merchantability under the Song- Beverly Consumer Warranty Act; and (2) breach of express warranty under the Song-Beverly Consumer Warranty Act. On March 24, 2023, Defendant filed this instant motion for summary judgment, or in the alternative summary adjudication. On May 30, 2023, Plaintiff opposed. As of June 8, 2023, no reply has been filed. Requests for Judicial Notice The Court GRANTS Defendant's request for judicial not...

Excerpt: ... America, Inc. formerly known as Kia Motors America, Inc., asserting the following causes of action: (1) Breach of Written Warranty Pursuant to the Magnuson-Moss Warranty Act Manufacturer; (2) Breach of Implied Warranty Pursuant to the Magnuson-Moss Warranty Act Manufacturer; (3) Song-Beverly Consumer Warranty Act under California Civil Code sections 1793.2 and 1794(c); and (4) Song-Beverly Consumer Warranty Act under California Civil Code sectio...

Excerpt: ...es and costs from the cross-complaint on the basis that Cross-Complainants' have alleged no statutory or contractual basis for such an award. Background On June 15, 2021, Ju Eog Choi (“Ju Eog”) and Jae Hoon Park (“Jae Hoon”) (collectively Plaintiffs or Cross-Defendants) sued Heseon Park (“Heseon”) and Seung Jun Park (“Seung Jun”) (collectively Defendants or Cross-Complainants) for fraud, elder abuse, quiet title, cancellation of d...

Excerpt: ...019 Mercedes-Benz C Class, VIN: 55SWF8DB2KU294717, ("the Subject Vehicle”). The terms of the express warranty are described in full in Exhibit 1.” (Complaint, ¶ 14.) “Defects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to transmission.” (Id., ¶ 15.) “The nonconformities substantially impair the use, value and/or safety of the Subject Vehicle.” (Id., �...

Excerpt: ...Ford Inc., (“Defendant”). The Complaint asserts three causes of action: 1. Violation of Song-Beverly Act – Breach of Express Warranty 2. Violation of Song-Beverly Act – Breach of Implied Warranty 3. Negligent Repair On February 14, 2020, Plaintiff purchased a Ford F-150 vehicle and entered into a warranty contract with Ford. (Complaint, ¶ 15.) During the warranty period, defects developed, and Plaintiff then took his vehicle to authorize...

Excerpt: ...violations of statutory obligations. The causes of action alleged in the Complaint are as follows: (1) Violation of Subdivision (d) of Civil Code Section 1793.2; (2) Violation of Subdivision (b) of Civil Code Section 1793.2; (3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2; (4) Breach of the Implied Warranty of Merchantability; (5) Negligent Repair against Defendant Central Ford; and (6) Violation of the Magnuson-Moss Warranty Act...

Excerpt: ...d. Moving Party to give notice. This action was filed by Plaintiff NARINE ARIANNA MELKONYAN, a minor by and through her GAL, CATALINA PEREZ (“Plaintiff”) on November 23, 2022. Plaintiff was allegedly bitten by Defendants' dog on April 21, 2021. (Complaint ¶¶13-14.) Plaintiff's Complaint asserts the following causes of action: (1) Negligence; (2) Negligence Per Se; (3) Strict Liability Based on Common Law; and (4) Premises Liability. Defenda...

Excerpt: .... Choi, and Haeun E. Choi's (Defendants) demurs to each cause of action on the grounds that each fail to state a claim. First Cause of Action – Breach of Contract Defendants argue that this claim fails because the nature of the contract cannot be ascertained from the pleading. Specifically, Defendants argue that Plaintiff fails to allege whether the contract is written or oral, and fails to plead the terms of any contract. This is the same grou...

Excerpt: ...rtners V (AIV 3) Lp, and MSD Private Credit Opportunity Master (ECI) Fund II, LP (Defendants) move for an order compelling deposition testimony from Mr. Saadia pursuant to CCP § 2025.480. Defendants All-Ways Pacific LLC, All-Ways Far East LLC, and All-Ways International Inc. join in Defendants motion. Legal Standard “‘If a deponent fails to answer any question or to produce any document or tangible thing under the deponent's control that is ...

Excerpt: ...GRANTED. (C.R.C. 3.1362.) IV. Stacy Joel Safion, Esq.'s motion to withdraw as counsel of record for Cross-Complainant CARR LEE is GRANTED. (C.R.C. 3.1362.) V. Stacy Joel Safion, Esq.'s motion to withdraw as counsel of record for Defendant FILM 102 PRODUCTIONS, LLC is GRANTED. (C.R.C. 3.1362.) VI. Stacy Joel Safion, Esq.'s motion to withdraw as counsel of record for Cross-Complainant FILM 102 PRODUCTIONS, LLC is GRANTED. (C.R.C. 3.1362.) Plaintiff...

Excerpt: ...e the action.” (Adams v. Superior Court (2011) 196 Cal.App.4th 71, 77.) “The heirs need not be joined— and, indeed, cannot be joined—in a wrongful death action brought by the personal representative of decedent's estate because, in that case, the personal representative is suing on behalf of all the heirs [citations].” (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2016) para. 2:168.2 [citing Adams, s...

Excerpt: ... constitute a cause of action, and moves to strike portions of the complaint. The Complaint alleges that “Defendant Alvarez and Plaintiff Dorado began their relationship on or around October 17, 2009, but never married.” (Complaint, ¶ 7.) “Dorado acquired title to the El Rancho Property on or around November 15, 2012.” (Id., ¶ 12.) “On or around October 20, 2016, Dorado executed a deed of trust on the El Rancho Property.” (Id., ¶ 1...

Excerpt: ...half of all aggrieved employees filed a complaint against Alcoa Traffic Control, Inc. for violations of the Labor Code and IWC Wage Orders. Plaintiff now seeks preliminary approval of the PAGA Settlement and Release. Leqal Standard California Rules of Court, rule 3769 governs settlements of class actions. Any party to a settlement agreement may submit a written notice for preliminary approval of the settlement. The settlement agreement and propos...

Excerpt: ... March 21 , 2023, Plaintiff California Asset Properties, LLC (Plaintiff) field an action for unlawful detainer based on a three-day commercial notice to pay rent or quit. On April 3, 2023, Defendant Catherine Cook (Defendant) filed a demur Leqal 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...

Excerpt: ...s to state facts sufficient to constitute a cause ot action and is uncertain. Plaintiffs Jasmin Medina and Simon Rojas allege that "[Oln or about August 27, 2021 , Plaintiff, JASMIN IDALIA MEDINA, was admitted to - Whittier Hospital Medical Center. Plaintiff, JASMIN IDALIA MEDINA, was 33 Weeks pregnant at the time. she was admitted by defendant, JAMES H SONG, M D. Defendant, STEVE JOHN VOUIS was the OB/GYN doctor assigned to PLAINTIFF, JASMIN IDA...

Excerpt: ...021, PLAINTIFF, a minor, was under the care, custody, control, and supervision of Defendants... at the SUBJECT PREMISES. [T] On or about March 16, 2021, Defendants... expressly permitted PLAINTIFF to paly in the backyard of the SUBJECT PREMISES where DEFENDANTS also permitted the SUBJECT DOG to run loose. [Y] As PLAINTIFF was playing in the backyard ofthe SUBJECT PREMISES, the SUBJECT DOG viciously and violently attacked PLAINTIFF mthout warning ...

Excerpt: ...Villegas Defendants") Joinder to Defendants' NATIONSTAR MORTGAGE LLC and US. BANK NATIONAL ASSOCIATION's Motion for Judgment on the Pleadings is DENIED. Joinders must be filed and served pursuant to the same timelines required by the underlying motion. The Notice of Joinder was not filed until May 24, 2023—1 day before the hearing. " U]nless othenvise ordered or specifically provided by law, all moving and supporting papers shall be served and ...

Excerpt: ...ses, the courts have placed a substantial burden on a plaintiff seeking to defeat such a clause, requiring it to demonstrate enforcement of the clause would be unreasonable under the circumstances of the case___ That is, that the forum selected would be unavailable or unable to accomplish substantial justice____ Moreover, in determining reasonability, the choice of forum requirement must have some rational basis in light of the facts underlying t...

Excerpt: ...cedure section 403.040 allows a defendant to file a motion for reclassification of an action within the time allowed for that party to respond to the initial pleadings. (Code Civ. Proc_, S 403.040, subd_ (a)_) "A party may amend its pleading once without leave of court at any time before an answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed if the amended pleading is filed and served no later than the...

Excerpt: ... This action arises from a retaliation, wrongful termination, and intentional/negligent infliction of emotional distress complaint filed by Plaintiff against Defendants Base Hill, Inc. (Base Hill) and Nellis Building Service, lnc (NBS) and Defendant Sunny Kim (Defendant) as sole owner of Base Hill and NBS (collectively Defendants). Defendants brought a motion to quash service of summons on the grounds that California courts lack personal jurisdic...

Excerpt: ...er the complaint states a cause of actiom (Hahn v. Mirda (2007) 147 740, 747.) When considering demurrers, courts read the allegations liberally and in context (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal_App.4th 1216, 122b) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v Mercury Ins. Co (2004) 116 Cal_App.4th 968, 994 ) "A demurrer tests the...

Excerpt: ...dmitted against Defendant OPC Trucking, or in the alternative, to compel Defendant OPC Trucking to provide responses is MOOT. Reduced sanctions are imposed against Defendant OPC and counsel, jointly and severally, in the reasonable sum of $3,500.00, payable within 30 days. Moving Party to give NOTICE. Plaintiff Hernandez moves to compel further responses to form interrogatories and request for admissions pursuant to CCP SS 2030.300, 2031 and 2033...