Excerpt: ...S ANGELES, negligently collided into Plaintiff's vehicle. The collision occurred on December 9, 2021. Based thereon, Plaintiff brings a single cause of action for Negligence seeking property damages and damages for medical and related expenses. Judicial Notice California Evidence Code section 452(c) authorizes judicial notice of “[o]fficial acts of the legislative, executive, and judicial departments of the United States and of any state of the...

Excerpt: ...020, SM Logistics Rialto LLC (“SM Rialto”) entered into a lease with RD Real Estate Holdings, LLC f/k/a Rialto Holdings, LLC (“RH”) which gave RH the exclusive option to purchase the Property. (FAXC, ¶ 47.) Promptly after execution, a memorandum of the lease and option was recorded. (Id.) Saadia Square, LLC (“Saadia”) participated in and was apprised of SM Rialto's negotiations to enter into a lease and option with All- Ways. (FAXC, ...

Excerpt: ...��) and O&C Hillside Resources Management Co. (“O&C Hillside”), alleging Breach of Contract, Breach of Implied Covenant of Good Faith and Fair Dealing, and Declaratory Relief. In a First Amended Complaint filed on February 6, 2023 (“FAC”) Plaintiff alleged that on January 3, 2020, Plaintiff entered into a Sale of Business agreement with O&C Hillside to purchase the business known as ARCO AM PM 6545 located at 13550 Beach Blvd, La Mirada, ...

Excerpt: ...Background This lawsuit concerns an alleged sexual abuse and harassment of Plaintiff Alexis L. by Defendant Scott Waln, a teacher at Los Alisos Middle School within the school district of Defendant Norwalk/La Mirada Unified School District, during the 2019-2020 school year. Defendant seeks an order compelling Plaintiff to sign authorizations for release of records, Plaintiff's treating physicians release of records, or an order excluding Plaintif...

Excerpt: ...e Villegas Defendants and the Moving Defendant are not similarly situated. It is unclear how the arguments applicable to the Moving Defendant would also identically apply to the Villegas Defendants, and the Villegas Defendants fail to assist the Court in understanding how the arguments raised by the Moving Parties can be attributed to the Villegas Defendants as well. The Villegas Notice of Joinder merely states: “[The Villegas Defendants] hereb...

Excerpt: ...ith VGA regarding a 2021 Volkswagen JETTA SEDAN… (‘the Subject Vehicle')….” (Complaint ¶16.) “Defects and nonconformities to warranty manifested themselves within the applicable express warranty period. The nonconformities substantially impaired the use, value and/or safety of the Subject Vehicle.” (Complaint ¶17.) “VGA was unable to conform the Subject Vehicle to the applicable express warranty after a reasonable number of repair...

Excerpt: ...ntiff 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 14, 2023 Defendant County filed the subject Answer (“Answer”) to Plaintiff's Complaint. In it's...

Excerpt: ...UTION & DELIVERY (“Plaintiff”) applies for a writ of attachment against Defendant GE UNITIED TECHNOLOGIES, LLC (“Defendant”) in the amount of $112,338.99. At the hearing, the court shall consider the showing made by the parties appearin g and shall issue a right to attach order, which shall state the amount to be secur ed by the attachment determined by the court in accordance with Section 483.01 5 or 483.020, if it finds all of the follo...

Excerpt: ...aintiff Everytable, PBC's (Plaintiff) First Amended Complaint (FAC) and move to strike portions of the FAC. Background Plaintiff filed a First Amended Complaint alleging breach of a sublease between Plaintiff (Sublessee) and Defendant MJ Global (Sublessor) for a portion of real property commonly known as 3305 East Vernon Avenue, Vernon, CA 90058. Plaintiff alleges that it was fraudulently charged for common area maintenance expenses, operating ex...

Excerpt: ...gainst Defendant Volkswagen Group of America (Volkswagen) for Violation of the Song-Beverly Act and the Magnuson-Moss Warranty Act and against Audi for Negligent Repair. Plaintiff purchased a 2021 Audi Q3 on November 25, 2020 and presented the vehicle to Audi for repairs. Specifically, Plaintiff alleges that “Plaintiff delivered the Subject Vehicle to Defendant AUDI for substantial repair on at least one occasion.” (Compl. ¶ 56.) “Defendan...

Excerpt: ...ntiff/Cross-Defendant GA Technical Services, Inc. (GATS) demurs to Defendant/Cross-Complainant City of Pico Rivera's (the City) Cross- Complaint. GATS argues that the Third Cause of Action for Negligence, the Fifth Cause of Action for Fraud, and the Sixth Cause of Action for California False Claims Action Violations fail to state facts sufficient to constitute causes of action and are uncertain. Background GATS filed this action against the City ...

Excerpt: ... Common Counts related to allegedly unpaid invoices in the amount of $703,484.00 for goods provided to Defendants by Plaintiff. Plaintiff alleges that Defendants failed to make payments from November 24, 2021 to June 2, 2022. Plaintiff attached the invoices to its Complaint. Legal Standard A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the...

Excerpt: ..., 2023, Plaintiffs filed a Complaint against Defendant American Honda Motors (Defendant) for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle. Evidentiary Objections Plaintiff's objections Nos. 1-14 are overruled. Legal Standard “Except as provided in subdivision (d), if a party then fails to obey an order compelling inspection, copying, testing, or sampling, the court may make those orders that...

Excerpt: ... Civ. Proc. §§ 1790, et seq.) arising out of Plaintiff Ana Teresa Garcia's (“Plaintiff”) purchase of a 2022 Honda Civic, bearing the VIN 2HGFE2F50NH516826 (the “Subject Vehicle”) on or around August 6, 2021. The Subject Vehicle was sold to Plaintiff with express and implied warranties from Defendant AMERICAN HONDA MOTOR CO., INC. (“Defendant”). During the warranty period, Plaintiff has alleged that the Subject Vehicle contained or d...

Excerpt: ...iners from the ports in Los Angeles County to Plaintiff's warehouses and the conversion of a shipping container that defendants picked up at the port, but allegedly did not deliver to Plaintiff. The Judicial Council form complaint alleges causes of action for breach of contract, common counts, conversion, fraud, and negligent misrepresentation against Tim Childress, 10PL Axelavate Logistics, LLC and Axelavate Transportation, LLC (“collectively,...

Excerpt: ...aim for punitive damages. Background Plaintiff Jose Luis Velasco (“Plaintiff”) alleges Defendant General Motors, LLC. violated the Song-Beverly Act and fraudulently induced Plaintiff into purchasing a 2017 Chevrolet Colorado manufactured by Defendant. Plaintiff alleges Defendant knew about a transmission defect in 2015 and knew that the transmission installed in Plaintiff's vehicle had that defect, which caused sudden and premature failure. L...

Excerpt: ...ded Complaint (“FAC”) was filed. Plaintiffs allege that “[t]his dispute concerns [a] crane accident that occurred at the property owned by the Plaintiffs located at 6133 Hersholt, Lakewood, CA 90712 (‘Property'). [¶] Ms. Nijinsky is unfortunately suffering from the effects of cerebral palsy and the side effects of treatment. [¶] On her doctors order to stay active, Ms. Nijinsky soon realized that water exercises and swimming were greatl...

Excerpt: ...lflower, CA 90706. The property sold on March 21, 2023 for $832,000.00. Legal Standard Under CCP § 873.820, the proceeds of sale for any property sold shall be applied in the following order: (a) Payment of the expenses of sale. (b) Payment of the other costs of partition in whole or in part or to secure any cost of partition later allowed. (c) Payment of any liens on the property in their order of priority except liens which under the terms of ...

Excerpt: ... Decedent, LESTER DALE BILES, and/or as administrator or executor of the Estate of Lester Dale Biles (“Plaintiff”) on September 28, 2022. On October 5, 2023, the operative First Amended Complaint (“FAC”) was filed. Plaintiff alleges “LESTER DALE BILES (‘DECEDENT') died on May 16, 2021, from injuries sustained while a patient at KINDRED HOSPTIAL WESTMINSTER…. [¶] DECEDENT also sustained injuries while a patient at MESA VERDE POST AC...

Excerpt: ..., Plaintiff filed a Complaint against 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 confe...

Excerpt: ...omplaint against Defendant for 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. (CCP § 2031.3...

Excerpt: ...ause of action. Background Plaintiff Juan Andrade, by and through his successor in interest, Maria Andrade, filed a Complaint alleging Elder Abuse and Negligence against Defendants Morado and La Mirada Healthcare (La Mirada) (collectively Defendants) and Violation of Patient's Bill of Rights against Defendant La Mirada. Plaintiffs Maria Andrade and Benny Andrade alleged a Wrongful Death cause of action against Defendants. Erwin Andrade and Luz Ho...

Excerpt: ...rounds that it fails to state a cause of action. Background Plaintiffs filed a Complaint against the Toyota Defendants, Defendant Daniel Alejandro Tomelic Ortiz (Ortiz), Uber Technologies, Inc., Raiser, LLC, and Raiser-CA, LLC (collectively the Uber Defendants) for negligence and against the Toyota Defendants and Uber Defendants negligent hiring and supervision. The Complaint arises from a motor vehicle accident which occurred on December 1, 2021...

Excerpt: ...eby VACATED. The dates already set in the Subject Action remain set. Moving Party to give Notice. Trial courts may consolidate actions involving common questions of law or fact. (CCP §1048.) Consolidating actions does not affect the rights of the parties. Consolidation's purpose is to avoid unnecessary costs or delay, avoid procedural duplication, particularly in proof or issues common to both actions, and avoid inconsistent results by hearing a...

Excerpt: ...ive Complaint alleges that: “Senior Operations contracted with King Data Services… in 2003 to provide document storage services…. The Contract required that King Data provide 30 days written notice before implementing a change in rates. The Contract had no set term for the length of the Contract or any penalty or break-up fee when the Contract or business relationship ended.” (Complaint ¶7.) Certified Records acquired King Data Services ...