Excerpt: ...olated the Song-Beverly Act and fraudulently induced Plaintiffs into purchasing a 2018 Chevrolet Cruze manufactured by Defendant. They allege that Defendant knew about a cooling system defect in 2010 and knew that the cooling system installed in Plaintiffs' vehicle had that defect, which caused coolant to leak. Legal Standard The party against whom a complaint has been filed may object to the pleading, by demurrer, on several grounds, including t...

Excerpt: ...ranted by Defendant General Motors, LLC (“Defendant” or “GM”). (Complaint, ¶ 11.) Plaintiffs filed suit against Defendant alleging violations of the Song- Beverly Act in connection with Plaintiffs' vehicle. More specifically, Plaintiffs' complaint alleges that the purchase of the Subject Vehicle was accompanied by warranties by which Defendant undertook to preserve or maintain the utility or performance of the vehicle or to provide compe...

Excerpt: ...acher at Orchard Academy, a school within the Los Angeles Unified School District (“LAUSD”) during the 2016-2017 school year. Plaintiff seeks the Investigation Report prepared by the LAUSD Student Safety Investigation Team (“SSIT”), which LAUSD listed in its Privilege Log attached to its Response to Plaintiff's Supplemental Demand for Production of Documents. Said Privilege Log asserts the attorney-client privilege; attorney work product;...

Excerpt: ...on February 2, 2023. The Complaint asserts two causes of action under the Song-Beverly Act for (1) breach of express warranty and (2) breach of implied warranty. Judicial Notice BMWNA's requests for judicial notice of the Lease Agreement is granted because it is not subject to dispute as it was incorporated in the Complaint. (Evid. Code § 452(h).) BMWNA's requests for judicial notice of the LLC-12 filing of BMW Financial Services NA, LLC (“BMW...

Excerpt: ...laintiff Jose Manuel Choy (“Plaintiff”) on June 20, 2018. On May 28, 2019, the operative Second Amended Complaint (“SAC”) was filed. The relevant facts are as follows: “This case involves a fraudulent scheme perpetrated by Defendants designated to obtain a free veterinary consultation for both of their dogs. Defendants misrepresented to Plaintiff, a veterinarian, that both of their dogs resided in separate households, in order to take a...

Excerpt: ... August 21, 2016. “The principal amount of the first Promissory Note is Sixty Thousand Dollars ($60,000) in interest only installments at eight percent (8%) interest per annum, payable in monthly installments of Four Hundred Dollars ($400) beginning August 21, 2016, and continuing monthly thereafter for a period of twenty-four (24) months at which time the unpaid balance was immediately due and payable. The note became fully due and payable Aug...

Excerpt: ...s seek a judgment of this Court determining that as of the date of entry of judgment in this action, District holds no overflow easement or other legal right to use any part of the Subject Property, and quieting Plaintiffs' title to the Subject Property as against any adverse claims of District. On April 14, 2023, Plaintiffs NCP Imperial, LLC and Family Property Holdings, LLC (collectively “Plaintiffs”) filed a Complaint against Los Angeles C...

Excerpt: ... breach of contract action was filed by Plaintiff SCHUBERT INVESTMENTS INC. (“Plaintiff”) against Defendants ALLAN ROBERTO TAY (“Tay”) and BELLATOR ROOFING INC. (“Bellator Roofing”) (collectively “Defendants”) on November 22, 2022. The operative Complaint alleges that in January 2022, the parties entered into an oral agreement whereby Schubert Investments Inc. would receive a 10% ownership interest in Bellator Roofing, Inc., in re...

Excerpt: ...NTED. (Cal. Ev. Code §452.) This “lemon law” action was filed by Plaintiff JONATHAN ZAVALA QUINTERO (“Plaintiff”) on May 17, 2023. On Plaintiff alleges that AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) did not disclose and actively concealed defects involving the Honda Sensing Defect affecting Plaintiff's 2022 Honda Accord vehicle. (See e.g., Complaint ¶¶4, 43.) Plaintiff's Complaint asserts the following causes of a...

Excerpt: ...ty Management (Plaintiff)'s Complaint and move to strike seven portions of the Complaint. Background Plaintiff alleges that Defendant Luis Palencia (Palencia) obtained proprietary knowledge during his 25 year employment with Plaintiff. Further, Palencia signed Confidentiality Agreements pursuant to his employment which prevented Palencia from using the proprietary knowledge and from diverting any of Plaintiff's customers for three years. Plaintif...

Excerpt: ...y Act and against Bob Wondries for Negligent Repair. Plaintiff purchased a 2019 Ford Explorer from Ford on July 18, 2019 and presented the vehicle to Bob Wondries on multiple occasions for repairs. Specifically, Plaintiff alleges that “Plaintiff delivered the Subject Vehicle to [Bob Wondries] for repair [sic] on numerous occasions.” (Compl. ¶ 28.) Bob Wondries “breached its duty to Plaintiff to use ordinary care and skill by failing to pro...

Excerpt: ... Defendants) to appear for deposition and produce documents. Plaintiffs also seek $2,040.00 in monetary sanctions. Background This is a breach of commercial lease action relating to Defendants and Defendant Guardian Manufacturing, Inc's failure to pay rent. On January 17, 2023, Counsel for all Defendants filed a motion to be relieved as counsel because he was unable to contact his clients. Legal Standard If a party fails to comply with a court or...

Excerpt: ...ompanying request for documents at time of deposition. Plaintiff seeks $16,121.74 in sanctions. Background Plaintiff a Complaint against Defendants Tim Childress, 10PL Global, Inc. (10PL Global), and Axelavate Transportation, LLC (Axelavate) (collectively Defendants) alleging Breach of Contract, Common Counts, Conversion, and Fraud related to a contract where Defendants moved shipping containers to Plaintiff's warehouse. Plaintiff alleges that De...

Excerpt: ...for Production (set one) pursuant to CCP § 2031.310. Background On December 9, 2022, Plaintiffs filed a complaint against Defendant for alleged violations of the Song-Beverly Act for failure to repair or repurchase Plaintiff's vehicle. Plaintiffs claim they purchased a 2017 Chevrolet Colorado on February 25, 2017 which was defective. Legal Standard CCP § 2031.310 allows a party to file a motion compelling further answers to document requests if...

Excerpt: ...lectively “Cross-Defendants”) on January 13, 2022. On March 1, 2022, Defendants/Cross-Complainants Victor M. Jimenez and Julieta M. Romero (collectively “Cross-Complainants”) filed a Cross-Complaint seeking quiet title, declaratory relief, intentional misrepresentation, unjust enrichment, promissory estoppel, and accounting. On March 15, 2023, Cross-Defendants, deposed Julieta Romero and Victor Jimenez. The testimony of Victor Jimenez bro...

Excerpt: ...ntos M. De Jesus (“Defendant”) alleging one cause of action for negligence arising from a motor vehicle accident occurring on November 27, 2020. On December 6, 2022, Plaintiffs served Form Interrogatories, Special Interrogatories, Request for Admissions, and Demands for Production of Documents to Defendant. (Vardanyan Decl. re Plaintiff Arredondo FROG Motion, ¶ 2; Vardanyan Decl. re Plaintiff Arredondo and Rivera RFP Motion, ¶ 2; Vardanyan ...

Excerpt: ...testimony and otherwise assisting in a court proceeding based on the same defendants alleged violations of California Government Code, Section 12940. Plaintiff's testimony concerned his observations of PATEL's improper and unlawful conduct towards female employees.” (Complaint, ¶ 26.) “Plaintiff testified that Patel would slap the backsides of female employees in the office, would call female employees sexually charged names and refer to the...

Excerpt: ...ne) is DENIED as MOOT. Moving Party to give notice. Motion to Compel Responses to Form Interrogatories If a party to whom interrogatories are directed fails to respond at all, the propounding party's remedy is to seek a court order compelling answers thereto. (CCP § 2030.290.) All that needs to be shown is that the discovery was properly served on the opposing party, that the time to respond has expired, and that no response of any kind has been...

Excerpt: ...plaint is SUSTAINED with 10 days leave to amend. IV. Defendant SELECT PORTFOLIO SERVICING, INC. and U.S. BANK, NA's Motion to Strike Portions of Plaintiffs' Second Amended Complaint is MOOT. V. Defendant QUALITY LOAN SERVICE CORPORATION's Demurrer to Plaintiffs' Second Amended Complaint is SUSTAINED with 10 days leave to amend leave to amend. Moving Parties to give notice. A Vesco Hearing is also scheduled for hearing on October 26, 2023 at 9:30 ...

Excerpt: ... filed his Complaint for Dental Malpractice against Defendants Estella Flores, DDS, and Downey Smile Center. Plaintiff alleges that Defendant Flores, while working at Downey Smile, negligently broke his tooth while extracting it. Legal 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 a cause o...

Excerpt: ...tiffs) filed a Complaint against Defendants Sylvia Quintanilla, Ulysses Quintanilla, Adriana Quintanilla, and Isaac Quintanilla (collectively Quintanilla Defendants) for Implied Easement and Prescriptive Easement. The lawsuit involves a residential boundary dispute over a strip of land upon which Plaintiffs built a block wall. Request for Judicial Notice Defendants' request for judicial notice is DENIED because Defendants have not authenticated t...

Excerpt: ...im and delivery of personal property and writ of possession and restraining order and money due on contract arising out of Defendant's alleged failure to make payments pursuant to a financing contract for a 2021 Grand Design M-397TH. Plaintiff alleges that Defendant failed to make payments under the contract beginning on April 8, 2021 and it is entitled to possession of the vehicle under the terms of the contract. Discussion If the proof of servi...

Excerpt: ...led the instant demur on June 8, 2023. No opposition has been filed. Analysis Meet and Confer A party filing a demurrer “shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., section 430.41(a).) “The parties shall meet and confer at l...

Excerpt: ...r the purpose of leasing the Premises. Upon the expiration of the two-year term, the tenancy became a month-to-month tenancy, and the latest rent increase raised the rent to $3,200.00 each month. On August 10, 2023, Plaintiff caused to be served on Defendant a 3-day notice to pay rent or quit. Plaintiff alleges that Defendant failed to pay the past-due rent and failed to quit and deliver possession of the Premises by the expiration of the 3-day p...

Excerpt: ...e Law Office of Cynthia Quintero, A.P.C., and its sole practitioner, Cynthia Quintero (collectively, “Defendants”) on October 12, 2018 to assist with a dissolution proceeding. During the representation Plaintiff alleges that Defendants ignored her requests in regard to maintaining her rights surrounding Epstein credits and Watts charges (Complaint, ¶ 14), misrepresented Plaintiff's ability to restore her maiden name during divorce proceeding...

Excerpt: ...cross-complaint asserting the following causes for action: (1) intentional misrepresentation; (2) breach of contract; (3) false promise; (4) unfair business practices; (5) accounting; and (6) common counts. Defendants move for terminating sanctions and an award of $2,250.00 in attorney's fees. No Opposition filed as of October 20, 2023. Defendants' motion for terminating sanctions and monetary sanctions: Legal Standard If anyone engages in conduc...

Excerpt: ...s is DENIED as MOOT as to Defendant FILM 102 PRODUCTIONS LLC and DENIED without prejudice as to Defendant CARR LEE. The Court strikes Defendant FILM 102 PRODUCTIONS, LLC's Answer and Cross-Complaint. The Court enters default judgment against Defendant FILM 102 PRODUCTIONS, LLC in favor of Plaintiff BURLEE VANG, ABEL VANG, and UNCANNY PRODUCTIONS, LLC. Moving party to give notice. This misappropriation action was filed by Plaintiff BURLEE VANG, AB...

Excerpt: ...NASTASSIA PRINGLE, against Defendants TINA RIKE and BLESSINGS FAMILY CHILD CARE (Defendants). Defendant Rike operates a day care center from her home where she cared for Plaintiff Gilfillian. On March 16, 2021, Plaintiff Gilfillian (age 4 at the time) was in the backyard when he was attacked and injured by Defendant Rike's unrestrained dog. Plaintiff's operative first amended complaint (FAC) was filed on June 23, 2023 and asserts the following ca...

Excerpt: ...n was filed by Plaintiff ADRIANA CORTES TECANHUEHUE (Plaintiff) on May 2, 2022. Plaintiff's operative first amended complaint (FAC) was filed on August 19, 2022 and asserts the following causes of action: (1) breach of written contract; (2) disgorgement; (3) negligence; (4) fraud; and (5) declaratory relief. Plaintiff moves for an order compelling responses to written discovery. Plaintiff's motion to compel responses to written discovery: Legal S...

Excerpt: ...se of a 2020 Nissan Pathfinder vehicle. Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On August 12, 2022, Plaintiffs filed a Complaint against Defendants alleging violations of Song-Beverly Act and Negligent Repair. Defendant NISSAN NORTH AMERICA, INC. (“Defendant” or “Nissan”) now seeks to compel arbitration under the Retail Installment Sales Contract (“RISC”) and its...

Excerpt: ...lbert Dominguez (“Decedent”) was working at a trucking terminal owned by Defendant ESTES TERMINALS OF CALIFORNIA, LLC (“Estes Terminals”). On that date, Decedent, a maintenance worker employed by G.I. Trucking Company (“GI Trucking”) (dismissed on January 7, 2022)—a wholly owned company of Defendant ESTES EXPRESS LINES (“Estes Express”) was performing repairs at the Subject Property. G.I. Trucking leased the Subject Property fro...

Excerpt: ...hattels; and (3) Conversion. In November 2020, Plaintiff Laundry Los Angeles, Inc. was vandalized. Defendant Armen Gassyan was arrested at the location and charged with commercial burglary and vandalism. Plaintiffs allege that Defendants MAGIC LAUNDRY SERVICES, INC. and HRAIR KERTENIAN (collectively “MLS Defendants”) conspired with Armen Gassyan to destroy Plaintiffs' laundry, a competitor of the MLS Defendants. The MLS Defendants seek dismis...

Excerpt: ...ing from Defendants' alleged failure to pay Transient Occupancy Taxes to the City of Artesia. Plaintiff's Complaint asserts the following causes of action: (1) Violation of Artesia Municipal Code §§ 3-5.301 – 3-5.314; (2) Violation of CA Bus. & Prof. Code §17200 et seq.; and (3) Conversion Defendants generally demur to Plaintiff's third cause of action for conversion. Third Cause of Action – Conversion Defendants argue that this cause of a...

Excerpt: ... their premises to Jumpstart Bodyfuel, knowing Plaintiff Linda Ikeda would be the main occupier of the rented premises. The written and implied covenants were to rent a premises that was habitable and safe from airborne and stable dangerous conditions. Defendant either knew or should have known that the premises contained lead contamination.” (Complaint BC-1.) Sometime after the lease was signed, Jumpstart Bodyfuel was dissolved and Way Beyond ...

Excerpt: ...t Defendant Loma Linda University Medical Center in San Bernardino County. Plaintiff was asked to leave the hospital premises and refused. He was then allegedly assaulted by security personnel when they detained him. Evidentiary Objections Plaintiff's Objections Nos. 1-9 are overruled. Legal Standard “The court may, on motion, change the place of trial in the following cases … (c) When the convenience of witnesses and the ends of justice woul...

Excerpt: ...d for Site Inspection. Background Plaintiff filed a Complaint against Defendants Flying Food Group, Inc. (Flying Food) and Nature's Produce alleging Negligence and Premise Liability from a slip and fall incident. There is a dispute as to which Defendant controlled the site of the incident. Plaintiff seeks a site inspection to determine control and the exact location of the incident. Legal Standard “A party may demand that any other party allow ...

Excerpt: ...itle was filed by SGIG against the City. SGIG's predecessor, California Truck Sales, purchased the property on September 26, 1995. In 1997, the City Supervisor informed California Truck Sales that it would be required to install a wrought-iron fence and poles along its property line. Plaintiff has paid taxes associated with this boundary and relied on the City's insistence that where the fence was installed was the proper boundary line. In Octobe...

Excerpt: ...ortgage Company (Plaintiff) alleges that Defendant breached a series of agreements regarding selling and brokering of mortgage loans. Based thereon, the Plaintiff's Complaint asserted causes of action for: 1. Breach of Contract 2. Open Book Account 3. Account Stated 4. Reasonable Value 5. Common Counts 6. Conversion 7. Unjust Enrichment Legal Standard “Except as attorney's fees are specifically provided for by statute, the measure and mode of c...

Excerpt: ...GRANTED in part and DENIED in part. Plaintiff's request for sanctions is GRANTED. Moving Party to give NOTICE. Background Plaintiff filed this complaint on September 27, 2021 against Defendants for breach of contract and common counts related to several promissory notes initially signed in 2002. On July 24, 2023, Plaintiff served Defendant Golden Den with Form Interrogatories (Set Three), Requests for Production of Documents (Set Three), Requests...

Excerpt: ...ts”) demur to the 1 st – 6 th causes of action on the grounds that they do not state sufficient facts to constitute causes of action against them. Plaintiffs allege that on December 4, 2017, Gilbert Dominguez (“Decedent”) was working at the La Mirada trucking terminal owned and operated by Defendant Estes Express Lines, Inc. and Estes Terminals when, without warning, a tractor driven by another employee began to reverse towards Decedent. ...

Excerpt: ...compel further responses to interrogatory No. 14 is GRANTED. Plaintiff Alejandra Pacheco is ordered to serve further, code- compliant responses to that interrogatory, without objections, within 20 days of this ruling. The request for sanctions is GRANTED, but in the reduced amount of $1,910. Plaintiff is ordered to pay Defendant sanctions of $1,910. Defendant's Motion to Compel Further Response to Defendant's First Set of Requests for Production ...

Excerpt: ...rty to give notice. This breach of warranty action was filed by Plaintiff MARIA LUGO and FRED VELAZQUEZ (Plaintiffs) on September 8, 2022. Plaintiffs' complaint assert the following causes of action: (1) Violation of Song- Beverly Act – Breach of Express Warranty; (2) Violation of Song-Beverly Act – Breach of Implied Warranty; and (3) Violation of the Song-Beverly Act Section 1793.2(b). Plaintiffs' move to compel deposition attendance and pro...

Excerpt: ...Nos. 16, 19-32. III. No sanctions are ordered. Moving party to give notice. This breach of warranty action was filed by Plaintiff MIGUEL MEZA and JESUS MORON (Plaintiffs) on December 2, 2022. Plaintiffs' complaint assert the following causes of action: (1) Violation of Song- Beverly Act – Breach of Express Warranty and (2) Violation of Song-Beverly Act – Breach of Implied Warranty. Plaintiffs moves to compel further discovery and requests mon...

Excerpt: ...aring. Moving party(s) to give notice. Background On July 7, 2020, Plaintiff Ana Caballero (“Plaintiff”) initiated this action against Defendants Nissan North America, Inc (“NNA”). and Cerritos Nissan (“Dealer”). Plaintiff alleges that she entered into a written contract with Dealer for a 2017 Nissan Altima, vehicle identification number 1N4AL3AP1HC476928, which was produced by NNA and contained various warranties. (Compl. ¶¶ 8-9.) ...

Excerpt: ...y to give notice. Defendant SOUTHERN CALIFORNIA EDISON COMPANY (“SCE”) and Defendant/Cross-Complainant HERMAN WEISSKER POWER, INC.'s (“HW Power”) Joinders to Defendant CITY OF NORWALK's Motion for Summary Judgment , or alternatively Summary Adjudication is GRANTED. This personal injury action was filed by Plaintiff CARINA SOLARES on July 2, 2021. On July 11, 2022, the subject Second Amended Complaint (“SAC”) was filed. The SAC alleges...

Excerpt: ...iff”) on January 24, 2023. On April 7, 2023, the operative First Amended Complaint (“FAC”) was filed. Plaintiff alleges that AMERICAN HONDA MOTOR CO., INC. (“Defendant” or “Honda”) did not disclose and actively concealed defects involving Honda's Transmission Defect affecting Plaintiff's 2017 Honda Pilot vehicle. (See e.g., FAC ¶¶20, 43.) Plaintiff's FAC asserts the following causes of action: (1) Violation of Song-Beverly Act (Br...

Excerpt: ...gainst numerous Square Mile (SM) and Rialto Merrill Holdings, LLC and All-Ways entities (All-Ways) (collectively Defendants) for: (1) Breach of Contract; (2) Breach of Covenant of Good Faith and Fair Dealing; (3) Intentional Interference; (4) Specific Performance and Injunctive Relief; and (5) Declaratory Relief. Saadia alleges that Defendants interfered with its Right of First Offer (ROFO) for a property located in Rialto, California when the Sq...

Excerpt: ...he name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code. (CCP § 473(a)(1).) Legal Standard Plaintiff Priscilla Olae...

Excerpt: ... policy; (2) disability and gender/pregnancy based discrimination; (3) gender based harassment; (4) retaliation in violation of the Fair Employment & Housing Act; (5) failure to engage in interactive process; (6) failure to accommodate; (7) failure to prevent, investigate, and/or remedy unlawful discrimination and retaliation; (8) violation of pregnancy disability leave law; (9) interfering with the rights and refusing an employee's request for a...

Excerpt: ...g violations under the Song-Beverly Act by failing to repair Plaintiff's 2017 Chevrolet Silverado vehicle (the “Vehicle”) and, among other things, the transmission defects (“Transmission Defects” and/or “Defects”) within a reasonable number of attempts, and by refusing to repurchase the vehicle despite its knowledge that the Subject Vehicle suffers from those defects. On May 12, 2023, Plaintiff propounded Requests for Production of Do...