Excerpt: ...022. The Complaint alleges, in pertment part, "On August 11, 2022, Plaintiff entered into a warranty contract with FORD regarding a 2020 Ford Explorer..„ [Y] Defects and nonconformities to warrant-y manifested themselves within the applicable express warranty period, including but not limited to transmission, electrical, interior, suspension, and HVAC." (Complaint 1115-16.) "Defendant was unable to conform the Subject Vehicle to the applicable ...

Excerpt: ...5_ Default judgment was entered on January 24, 2006. On April 11, 2022, 'CMS filed an application and order for appearance and examination against Defendant Peter Zuk_ The hearing is set for June 28, 2023. Motions to Compel Assignee Intellectual Capital Management & Servicer, Inc.'s motions for orders compelling responses to interrogatories and requests for production are DENIED as moot and its requests for sanctions are GRANTED. Moving Party to ...

Excerpt: ...posing Party to gwe notice. Defendant AVMGH SIX-THUNDERBIRD VILLA LIMITED PARTNERSHIP's Request for Judicial Notice is GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. (Cal. Ev. Code 5452.) This personal mjury action was field by Plaintiffs MELBA CASTILLO, individual, and as successor-in- interest to Douglas Castillo; JEANETTE SELENA ORTEGA PERALTA a mmor, by and through her guardian ad litem; ...

Excerpt: ...or summary judgment pursuant to CCP S 437c_ FIRST AMENDED COMPLAINT Plaintiff Villa Madrid, LLC is the owner of the Property. (FAC, II 8.) Villa Madrid hired Plaintiff Kitchen Gallery as its general contractor to construct a 22-unit apartment building on the Property. (ld.) Kitchen Gallery then hired East & West Plumbing, Inc. (UE&W') to perform certain plumbing work on the Project. (ld.) Plaintiffs sued in Case No. VC067227_ (ld ) "At the time o...

Excerpt: ...the court below. Defendant to give NOTICE. First Amended Complaint Plaintiffs First Amended Complaint alleges that Plaintiffs 2016 Infiniti QX80 vehicle suffers from Transmission, Electrical, and Distance Control Assist Defects, and Defendant has been unable to repair the vehicle within a reasonable number of attempts. The FAC asserts causes of action for: 1. Violation ofCC S 2. Violation ofCC S 3. Violation of CC S 4. Violation ofCC S 1791 _2(a)...

Excerpt: ... grounds. The Clerk is ORDERED to strike the labels, 4th 6th 8th, and 13th - ORDERED to strike the 8th and 14th causes of action from the caption of the SAC. Defendant is ORDERED to file and serve its Answers within 10 days. Opposing Party to give NOTICE. Defendant Iglesia de Cristo Ministerios Llamada Final, Inc. ("Iglesia") demurs to the Second Amended Complaint ("SAC") on the ground that it fails to state facts sufficient to constitute a cause...

Excerpt: ...f') on Januaty 24, 2023. Plaintiff alleges that she is over 65 years of age and has been the title owmer of the Subject Property located at 14322-28 Corby Ave„ Norwalk, CA ("Subject Property") since April 24, 2018. Plamtiff alleges the following relevant facts: "On or about August 11, 2005, Plaintiff and her late husband Fernando C. Garcia entered into a contract with Defendants Abutin for the purchase of the Subject Properv. Pursuant to the te...

Excerpt: ...sponses to Request for Production of Documents (set one) Nos. 16, 17, 18, 19-32, 33, 37-41, and 45- 46. On April 28, 2023 (prior to the date the instant Motion was filed), Defendant filed its Opposition. In Opposition, Defendant argues that Plaintiffs requests are overbroad and seek irrelevant information. Defendant further indicates that supplemental documents responsive to the subject requests were served on March 17, 2023. CCP S 2031.310 allow...

Excerpt: ...on was denied without prejudice on August 2, 2022. This Court agrees, and will proceed on the merits. The Agreement containing the subject Arbitration Clause was executed by Decedent and a Representative for the Defendant, and states: "By signing below, you agree that any and all claims and disputes arising from or related to this Agreement or to your residence, care or services at Lakewood Park Manor...including, without limitation, personal inj...

Excerpt: ...gligence and elder abuse/willful misconduct (Case No: 22STCV09160). The underlymg action was compelled into arbitration on June 15, 2022 per stipulation ofthe parties. Decedent died on August 24, 2017. On October 25, 2022, Plaintiffs, as the surviving heirs and/or successors in interest of Decedent filed the instant action for wrongful death. The Court notes that the instant case and the underlymg case were deemed not related on November 7, 2022....

Excerpt: ...ion was filed by Plaintiffs MARIA FLORES DE AREVALO and MAURICIO AREVALO ("Plaintiffs"). Plaintiffs alleges that Defendant AMERICAN HONDA MOTOR CO„ INC. ("Defendant' or "Honda") did not disclose and actively concealed a defect knowm as the "Transmission Defed' affecting Plamtiffs Plaintiffs' 2019 Honda Pilot vehicle. (See e.g„ Complaint "[11-63.) Plamtiffs' Complaint asserts the following causes of action: (1) Violation of Song-Beverly Act (B...

Excerpt: ...ion was filed by Plaintiffs YESENIA GARCIA and ARMANDO GARCIA CPIaintiffs"). Plamtiff alleges that Defendant AMERICAN HONDA MOTOR CO., INC. ("Defendant" or "Honda") did not disclose and actively concealed a defectknowm as the "Honda Sensing Defect" affecting Plaintiffs Plamtiffs' 2020 Honda Pilot vehicle. (See e.g„ Complaint "11-77.) Plamtiffs' Complaint asserts the following causes of action: (1) Violation of Song-Beverly Act (Breach of Expres...

Excerpt: ...ICE. Demurrer Cross-Defendant George Makary demurs to the ISt cause of action of the First Amended Cross-Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action, and is uncertain. The Complaint filed by Plaintiff Makary alleges that Plaintiff purchased the subject real property from Jazmine Vazquez, who vacated the premises on December 17, 2021. (Complaint, II 4.) At the time, Defendant Guillermina Vazquez...

Excerpt: ...tain. This is a real property dispute between two adjoining land owners. Defendant Rosalba Avalos owns real property located at 7523 Muller Street, Downey California. Plaintiff Ruben Dominguez owns the adjoining property located at 7531 Muller Street, Downey California The property in dispute is a strip of land that is approximately 3 feet wide by 120 feet long that is located within Avalos's property boundary line, and which borders Dominguez's ...

Excerpt: ...endants Sedrak and O&C Hillside Management Co. ("O&C Hillside") move to quash the March 17. 2023 subpoena and for a protective order pursuant to CCP S1987_1 On June 21 , 2021 , Plaintiff, the Windmill Co., Inc., filed an action against Fayez Sedrak and O&C Hillside Resources Management Co., alleging Breach of Contract, Breach of Implied Covenant of Good Faith and Fair Dealing, and Declaratory Relief. Plaintiff alleged that on January 3, 2020, Pla...

Excerpt: ... Service, Inc. demurs to the complaint ground that the claims fail to state facts sufficient to cnnstitute a cause of action. Plaintiffs Gloria Granados and Hector Jimenez allege that "[o] n December 28, 2018, Plaintiffs entered into a warranty contract with MERCEDES-BENZ regarding a 2019 Mercedes-Benz C-Class, VIN: 55SWF8DB2KU294717, ("the SubjectVehicle"). The terms of the express warranty are described in full in Exhibit 1." (Complaint 14.) "D...

Excerpt: ...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 further information and belief, Defendant Brightview Tree Care Services Inc., performed tree trimming and related arborist maintenance at or near the subject PREMISES on March 5, 2021. Because of Defendant the City of Cerritos' and Defendant Brightview Tree Care...

Excerpt: ...arbitration of Plaintiffs' claims and a stay of this action. In Opposition, Plaintiff argues that the Motions should be denied because the Agreement was fraudulently induced, and is unconscionable. 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 S 1281 "In California, [g]eneral prin...

Excerpt: ...laintiff) on April 27, 2022. On November 10, 2022, the operative First Amended Complaint ("FAC") was filed. Plamtiffs FAC asserts the following causes of action: (1) Dependent Adult Abuse; and (2) Professional Negligence. Defendant PIH HEALTH HOSPITAL action. — DOWNEY ("Defendant') generally demurs to the first cause of First Cause of Action - Dependent Abuse and Neglect A cause of action under the Elder Abuse Act must be alleged with particula...

Excerpt: ... least sixteen (16) court days before the next hearing. Any opposition and reply papers shall be sewed in accordance with the Code of Civil Procedure section 1005. Moving party to also give notice of this ruling. ound On November 14, 2022, Claimant Azara Price ("Claimant") commenced this action by filing a Petition to be Relieved From Government Code section 945.4 (the "Petition"), against Respondents The Civ of Los Angeles, The County of Los Ang...

Excerpt: ...e. On June 17, 2022, Defendant L RMC filed a cross-complaint against Cross- Defendants (1) AMN Healthcare, Inc.; (2) John Boyle, RNV (3) Bhavik Thakkar, MD; (4) Barugar Ravi, MD; (5) Arthur F. Gelb Medical Corporation, and MOEs 1 30 for (1) total equitable indemnity; (2) partial equitable indemnity; (3) contribution and repayment; and (4) declaratory relief. On July 13, 2022, LRMC substituted Meditec Staffing Company (Meditec) as MOE 1 On October...

Excerpt: ...as filed by Plaintiffs ROBERT W. HARROLD and MAUREEN M. HARROLD on April 10, 2023. The operative Complaint alleges, in pertinent part: "This lawsuit arises from the actions of Defendants in conspiring to steal Plaintiffs' home located at 9527 Ives Street Bellflower, California 90706 ('Subject Property' or 'Home').... " (Complaint 19.) Plaintiffs' Complaint asserts the following causes of action: (1) Fraud/Deceit; (2) Financial Elder Abuse; (3) Qu...

Excerpt: ...greement to arbitrate that was executed on Plaintiff's behalf by her self- appointed agent (Martha Pacheco) via an Advanced Healthcare Directive. In Opposition, Plaintiff argues that the Motions should be denied because the defendants moving to compel arbitration herein are non-signatories to the Arbitration Agreement at issue. Moreover, Plaintiff argues that Defendants have failed to meet their burden of proving the existence of a valid arbitrat...

Excerpt: ...intiffs”) on May 11, 2020. On May 26, 2021, the operative Second Amended Complaint (“SAC”) was filed. The relevant facts, as alleged, are as follows: “FARMERS issued an automobile insurance policy to RICO… effective on January 9, 2019.” (SAC ¶4.) “FARMERS also issued an Employment Practices Liability Policy to ACG… the retroactive date of this policy was March 21, 2019.” (SAC ¶6.) “On August 7, 2019, a traffic collision occu...

Excerpt: ...lleged, are as follows: “Plaintiff is in the business of providing consulting services including ‘finder' services in the equipment rental industry.” (Complaint ¶1.) “In or around July 2017, Plaintiff introduced Defendants to SUNBELT. Plaintiff alleges on information and belief that in or around June 2019, SUNBELT, a party introduced to KING by Plaintiff, purchased the KING business including the rental equipment fleet. Due to Defendant'...

Excerpt: ...iled on or before the hearing, the following analysis applies: Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of possession. (CCP § 512.010(a).) The application shall include all of the following, which may be established by affidavit, pursuant to CCP § 512.101(b): 1. The basis of the plaintiff's claim that the plaintiff is entitled to possession; 2. A showing that the property is wrongfully detai...

Excerpt: ...Party to give NOTICE. Defendants Shah, Hassan and H.P. Palomino, Inc. (“Palomino”) demurs to the 1st – 2 nd causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. Complaint Plaintiff Abu Tahir alleges that Defendants Shah, Hassan, and Palomino owe Plaintiff a deferred salary in the sum of $155,250.00. (Complaint, ¶ 14.) Based thereon, the Complaint asserts causes of actio...

Excerpt: ... give Notice. This personal injury action was filed by Plaintiff DANNY TREJO, a minor (“Plaintiff”) against Defendant LOS ANGELES UNIFIED SCHOOL DISTRICT (“Defendant”) on November 22, 2022. Plaintiff alleges the following relevant facts: “Plaintiff was/is a disabled student at the Subject School with special needs, including the need for assistance in ambulating. An Individualized Education Program was in place for Plaintiff at all time...

Excerpt: ...ions of Defendant/Cross-Complainant MARIA VELEZ's First Amended Cross-Complaint is DENIED. Opposing Party to give notice. This quiet title action was filed on January 27, 2022. On November 7, 2022, the subject First Amended Cross-Complaint (“FAXC”) was filed. The FAXC alleges the following relevant facts: “Since Cross-Complainant did not qualify to refinance the property in order to remove her husband's name from the mortgages as per the ju...

Excerpt: ... III. Plaintiff I.H.'s motion to compel further responses from Defendant Garcia as to special interrogatories, set two, nos. 9-13 is DENIED. No sanctions. Opposing Party to give NOTICE. Plaintiff IH moves to compel further responses to interrogatories pursuant CCP § 2030.300. Plaintiffs' operative Second Amended Complaint (“SAC”) alleges that Plaintiff was a ninth-grade student at the Elizabeth Learning Center (“ELC”) during the 2018-201...

Excerpt: ...he alternative, summary adjudication, pursuant to CCP § 437c. EVIDENTIARY OBJECTIONS PTS's objection nos. 1-5 are overruled. COMPLAINT This action is brought by Plaintiff Mario Tejado, against Defendant Premium Transport Staffing, Inc. who employed Plaintiff as a driver. Plaintiff had to care for his brother who experienced a medical emergency. When he returned on December 22, 2017, Plaintiff found he was no longer on the schedule. (Complaint, �...

Excerpt: ...between you and Tameem Alhayya, M.D 2. All documents reflecting the payment of money by you to Tameem Alhayya, M.D. at any time since August 1, 2019; 3. All documents reflecting the basis for calculation or accrual of any amount of money by you to Tameem Alhayya, M.D_, at any time since August 1, 2019. "If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things befo...

Excerpt: ...efault or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written no...

Excerpt: ...nc. [and Defendant Granados and Defendant Southern California Edison, by joinder] moves to challenge Defendant Serrano's application for good faith determination pursuant to CCP S 877.6 Procedural History This is a consolidated action involving: 1) Carina Solares v. Lene Granados et al (Case No. 21STCV4604 — LEAD case); 2) Adriana Serrano v. Lexie Granados et al. (Case No. 21STCV39337); and 3) Lexie Granados v. Adriana Serrano (Case No. 21 STCV...

Excerpt: ...2.) Defendant's Objection No. 1 to the declaration of Powell is sustained. Except for specifically enumerated exceptions, the cnurt 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 S 1281 2.) "In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate." (Craio v. Brown & ...

Excerpt: ...dia's Objection Nos. 1-4 to Goines Declaration are overruled. Saadia's Objection Nos. 1-3 to Butler Declaration are overruled Saadia's Objection Nos. 1-2 to De Wit Declaration are overruled. Saadia's Objection No. 1 to Becerra Declaration is overruled Complaint The operative Secnnd Amended Complaint ("SAC") alleges the following relevant facts: "This action was initiated on March 5, 2021 and arises out of the scheme to violate Saadia's Right of F...

Excerpt: ... of $22, 116.97 is ordered as provided for by statute Moving Party to give Notice. No Oppositions filed as of March 28, 2023 Defendant applies for pre-judgment writs of attachment against Plaintiff TESUS, INC. in the amount of $22, 116.97, and against Plaintiff ABRAHAM CHO in the amount of $104, 126_44_ 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 th...

Excerpt: ...NTED without leave to amend in part Moving Party to give Notice. Plamtiffs' Request for Judicial Notice is DENIED. Judicial notice of discovery responses may be taken when the discovery responses contradict allegations in the pleading at issue. (Del Wphh v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604-605.) The discovety responses of which Plamtiff seeks judicial notice does not contradict the allegations of the pleading; they simply p...

Excerpt: ...1. The relevant facts, as alleged in Plamtiffs' Complaint are as follows: Since December 2020, Defendants are the recorded owners of real property located at 4973 Deeboyer Ave„ Lakewood, CA ("Defendants' Property"). (Complaint Y2.) The Defendants' Property adjoms the Plaintiffs' Property located at 4969 Deeboyar Ave., Lakewood, CA ("Plaintiffs' Property'). "In or about July, 1996, Plaintiffs purchased the Plaintiffs' Property.... [T] At such ti...

Excerpt: ... upon terms it deems proper." (CCP 5425.160.) It is undisputed that the Special Motion to Strike at issue was filed one day late. Upon review of the Declaration of Paul S. Sienskl submitted in conjunction with the Moving Papers, and absent any prejudice to the opposing party, the Court finds good cause to consider the untimely filed Motion on its merits. This quiet title action was filed by Plamtiff/Cross-Defendant BLANCA E. ORTIZ ("Ortiz") on Au...

Excerpt: ...Company pursuant to B&P Code S 6068(e)_ A member shall not, without the informed written consent of each client: (1) Accept representation of more than one client in a matter in which the interests of the clients potentially conflict; or (2) Accept or continue representation of more than one client in a matter in which the interests of the clients actually conflict; or (3) Represent a client in a matter and at the same time in a separate matter a...

Excerpt: ...o submit to arbitration an existing controversy or a cnntroversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract (CCP S 1281 The (nurt must grant the petition to cnmpel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived, grounds exist for revocation of the agreement; or litigation is pending that ...

Excerpt: ...o submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract (CCP S 1281 The court must grant the petition to compel arbitration unless it finds either: no written agreement to arbitrate exists; the right to compel arbitration has been waived, grounds exist for revocation of the agreement; or litigation is pending that ...

Excerpt: ...s") moves for summary judgment, or alternatively, summary adjudication pursuant to CCP S 437c COMPLAINT The operative Fourth Amended Complaint (U4AC") alleges that on December 4, 2017, Decedent Gilbert Dominguez was working at a trucking terminal owned and operated by Defendants Estes Terminals. "Without warning, a yellow 2014 ACTT terminal-tractor___ driven by another employee began to reverse towards Decedent Partially because the subject tract...

Excerpt: ...Century Law Group: “(a) The court may not dismiss an action pursuant to this article for delay in prosecution except after one of the following conditions has occurred: (1) Service is not made within two years after the action is commenced against the defendant. (2) The action is not brought to trial within the following times: (A) Three years after the action is commenced against the defendant…” (CCP § 583.420.) Plaintiff Essien filed the...

Excerpt: ...ace Lutheran to give NOTICE. As an initial matter, the court accepts Defendants' late memoranda and finds that Plaintiff was not prejudiced because the court fully considered Plaintiff's oppositions. I. Peace Lutheran's Motion Defendant Peace Lutheran Church, Incorporated, of South Gate, California (“Peace Lutheran”) moves to set aside its default pursuant to CCP §§ 473 and 473.5. “The court may, upon any terms as may be just, relieve a p...

Excerpt: ...fically 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.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or sta...

Excerpt: ...endant VTA Consulting Engineers, Inc. generally demurs to cross- complaint and all causes of action. This is an action for indemnity and contribution filed by Plaintiff Galvanco Builders (“Galvanco”) against Defendants Roger Moore, L-A Electric, Catt Plumbing, Inc., and VTA Consulting Engineers. In 2017, Galvanco was hired by Monarch Trading, LLC and Fiesta Foods, LLC (collectively Monarch) to build several cooler rooms. Galvanco retained Def...

Excerpt: ...servations and pay separate filing fees. Combining multiple motions under the guise of one motion with one hearing reservation manipulates the Court Reservation System and unfairly jumps ahead of other litigants. Moreover, combining motions to avoid payment of separate filing fees deprives the Court of filing fees it is otherwise entitled to collect. Be that as it may, in the interests of judicial efficiency, the Court will exercise its discretio...

Excerpt: ... that an advertisement outside of a Target store in Lakewood, California depicted Plaintiff's 25- year-old son without either her or her son's permission. Plaintiff further alleges that the advertisement has caused her to be harassed, followed home from work, receive unwanted phone calls, and have her photos taken by strangers. Plaintiff alleges that this has caused her to isolate, seek therapy, take medication, and suffer personal injuries. Plai...