Excerpt: ...23, Defendant STIX HOLDINGS, LLC (“Defendant”) filed the subject First Amended Answer (“FAA”) to Plaintiff's First Amended Complaint (“FAC”). In the FAA, Defendant asserts a general denial, and eighteen affirmative defenses. Plaintiff now demurs to Defendant's FAA and concurrently moves to strike the factual denials and admissions contained therein. Demurrer Plaintiff's unopposed Demurrer to Defendant's first through seventh affirmati...

Excerpt: ...tice. Defendant's Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This action was filed by Plaintiff EMERALD SEVEN, LLC (“Plaintiff”) on February 28, 2022, against Defendant CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION (“Defendant”). On June 20, 2023, Plaintiff filed the operative Second Amended Complaint (“SAC”), which asserts the following causes of action: (1) Declaratory Relief – Misclassification of Taxpay...

Excerpt: ... 2031.310. Background On November 14, 2022, Plaintiff filed a complaint 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...

Excerpt: ...r failure to repair or repurchase Plaintiff's vehicle. The parties met and conferred and filed a joint statement of remaining issues after stipulating to continuing the matter from December 13, 2023 to January 10, 2024. 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 o...

Excerpt: ... violation of the Song-Beverly Act. The parties have met and conferred regarding entering into a protective order and have agreed upon using the Los Angeles Superior Court Model Order (LASC Order) as the template for the protective order. Legal Standard “When an inspection, copying, testing, or sampling of documents, tangible things, places, or electronically stored information has been demanded, the party to whom the demand has been directed, ...

Excerpt: ...he latter case was stayed on April 7, 2022, by Judge Nelson. In doing so, Judge Nelson wrote, “Nothing in this order stays the filing of an Amended Complaint pursuant to Labor Code Section 2699.3(a)(2)(C) by a plaintiff wishing to add a Private Attorney General Act (“PAGA”) claim.” On July 15, 2022, the parties stipulated to arbitration in the class action lawsuit. Then, on August 30, 2022, pursuant to the stipulation, Judge Nelson compel...

Excerpt: ...fendants' Motion to Strike Punitive Damages is DENIED. III. Defendants' Motion to Strike Restitution is DENIED. IV. Defendants' Motion to Strike Unfairness allegations is GRANTED with 30 days leave to amend. Plaintiff to give notice. Background In the operative First Amended Complaint (“FAC”), Plaintiffs allege they are two hospitals (PIH Health Whittier Hospital and PIH Health Downey Hospital) that provided emergency medical services to pati...

Excerpt: ...nitive damages. Background Plaintiffs Paola Cruz and Luis Fernando Cruz-Punzo (“Plaintiffs”) allege Defendant violated the Song-Beverly Act and fraudulently induced Plaintiffs into purchasing a 2018 Chevrolet Cruze manufactured by Defendant. They allege that Defendant knew about a transmission defect in 2014 and knew that the transmission installed in Plaintiffs' vehicle had that defect, which caused the shift to be too harsh or slip or flare...

Excerpt: ... (“J&G”), Joel Dominguez, Jr. and Gabriela Dominguez (“Defendants”) entered into a written Equipment Finance Agreement (“EFA”) with Plaintiff ALLEGIANT PARTNERS INCORPORATED, a corporation (hereinafter referred to as “Plaintiff”) for the purchase of one (1) 2018 International Truck, Vehicle Identification Number 3HSDZAPR6JN440872, more specifically described in Equipment Schedule No. 129792 to the EFA (hereinafter referred to as �...

Excerpt: ... Cross-Complainants CHYAN-WEN JAN and CHING WEN CHEN, Plaintiffs and Cross-Defendants ERIC HSING SHOU HUANG and JENNY HUE JU LEE, Cross-Defendants INGRAM LIU and SOPHIE CHANG. GBP is managed by Liu and Chang, who also serve as the company's directors and CEO and CFO, respectively. In 2022, GBP's gross revenues exceeded 54 million dollars. GBP's largest customer is Plaintiff/Cross-Defendant FORMOSA FRESH CONNECTION, INC (“FFC”). Defendants/Cro...

Excerpt: ...ed collections action was filed by Plaintiffs CARGO EXPRESS GROUP, INC. and EAGLE FREIGHT LLC on April 11, 2022. On November 22, 2022, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges the following relevant facts: “On or about March 20, 2017, Plaintiffs' predecessor-in-interest Harbor Choice Express, Inc. (‘Harbor Choice') and defendant High Line entered into a Standard Industrial/Commercial Single Tenant Lease –...

Excerpt: ...This collections action was filed by Plaintiff/Cross-Defendant NATIONAL COMMERICAL RECOVERY, INC. (“Cross-Defendant”) on July 26, 2022. On September 15, 2022, a First Amended Complaint (“FAC”) was filed. On February 24, 2023, the subject Cross-Complaint (“XC”) was filed by Defendants/Cross-Complainants L.A. GRAND CLOTHING INC.; SSS APPAREL INC.; GUILBERT TEX, INC.; SM CLOTHING INC.; and SIAMIAK OKHOVAT, individually and as trustee of ...

Excerpt: ...urt's previous order. Background Plaintiff filed a Complaint against Defendant for an alleged breach of contract arising out of an order of 20,188,000 protective face masks in 2020. Legal Standard If a party fails to comply with a court order compelling discovery responses or attendance at a deposition, the court may impose monetary, issue, evidence, or terminating sanctions. (CCP § 2025.450(h); § 2030.290(c); § 2031.300(c).) “To the extent ...

Excerpt: ..., while she was responding to Defendant Doe's mental health emergency as part of a local medical response team. Plaintiff alleges that she was approached by Defendant Doe while she was in an erratic and altered state upon arrival at the scene. Defendant Doe assaulted Plaintiff while she was waiting at the entrance to Defendant Doe's residence. (Compl. ¶ 8.) Plaintiff alleges that Defendants Josephine Decora and Joy Gordon owned the property wher...

Excerpt: ...epair or repurchase Plaintiff's vehicle. Evidentiary Objections Plaintiff's Objections Nos. 1-5 are overruled. Legal Standard “The court may, on motion, change the place of trial in the following cases … (a) When the court designated in the complaint is not the proper court.” (CCP § 397.) Discussion Here, Defendants argue that the case should be transferred to Orange County for trial because Orange County is a more convenient forum for the...

Excerpt: ...eave to File Late Claim Tentative Rulings: (1) GRANTED. The June 7, 2023 Order granting Plaintiff relief from the late claim in Case No. 22TRCP00420 is deemed to be not enforceable against City of Hawthorne in this action because they had no Due Process notice and opportunity to be heard as to that application. Accordingly, if Plaintiff seeks relief from the City's denial of the late claim it will need to bring a new application in this action (o...

Excerpt: ...issan Pathfinder from Cerritos Nissan. Plaintiff contends that the vehicle was defective and attempts to repair the vehicle failed to cure the defects. On February 16, 2023, Plaintiff filed a Complaint against Defendants Nissan and Cerritos Nissan alleging: 1. Breach of Express Warranty 2. Breach of Implied Warranty 3. Unfair Business Practices 4. Negligent Repair Defendant Cerritos Nissan was dismissed without prejudice on December 19, 2023. Def...

Excerpt: ...ron and Minors Athenna Gardea and Jinessa Careaga through their guardian ad litem Maurina Marilu Cintron (collectively “Plaintiffs”) filed a Complaint against Defendants for Motor Vehicle Negligence. Legal Standard “If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, ...

Excerpt: ...t Defendants and their counsel, jointly and severally, payable to Plaintiff and/or Plaintiff's Counsel in the reduced sum of $2,785.00. Moving Party to give notice. Background On June 21, 2021, Plaintiff The Windmill Co., Inc. (“Plaintiff”) filed an action against Fayez Sedrak and O&C Hillside Resources Management Co. (collectively “Defendants”) alleging Breach of Contract, Breach of Implied Covenant of Good Faith and Fair Dealing, and De...

Excerpt: ...vide further responses within 30 days. Moving party to give notice. Background This is a lemon case filed by Plaintiff Gregory Dwayne Shaw (“Plaintiff”) regarding a 2020 Chevrolet Traverse (“Subject Vehicle”) manufactured by Defendant General Motors LLC (“Defendant”). Plaintiff served his second set of requests for production upon Defendant on June 6, 2023, all of which are at issue. (Valencia Decl. ¶ 3; Terzian Decl., Ex. 3). Defend...

Excerpt: ...and Armando Rojas Diaz alleging negligence caused by a motor vehicle accident when Plaintiff was being driven by Defendant Diaz. Defendant Uber now seeks to compel Plaintiff to arbitrate her claims. No Opposition filed as of December 29, 2023. Legal Standard In deciding a petition to compel arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway iss...

Excerpt: ...each of contract dispute and the subsequent actions of Plaintiff/Cross-Defendant contractor Joseph Construction and Defendant/Cross-Complainant Andy Tran. The parties entered into a home improvement construction contract on May 21, 2022, for $40,000. Plaintiff, the contractor, agreed to perform remodeling work on Defendant's home. When the work was started, Plaintiff attempted to get Defendant to increase the scope of work and increase the size o...

Excerpt: ...This is a collections case by former-landlord/Plaintiff CNNA, LLC (“Plaintiff”) against tenant/Defendant STEVEN J. HOFFMAN (“Defendant”). Defendant was a tenant of the premises Plaintiff used to own and sold to a third party in October 2022. Under the agreement between Plaintiff and the third-party buyer, Plaintiff was to collect unpaid rents from Defendant until the month of October 2022. (Chang Decl. ¶ 5-6; Ex. A.) Plaintiff engaged an...

Excerpt: ... are hereby VACATED. The dates already set in this action remain set, including the trial date of July 19, 2024. 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,...

Excerpt: ...y particular discovery method or any other provision of this title, the court, after notice to any affected party, may impose the [sanctions] against anyone engaging in conduct that is a misuse of the discovery process, including monetary and issue and terminating sanctions.” Failing to respond to an authorized method of discovery and disobeying a court order to provide discovery are both misuses of the discovery process.” (CCP §§2023.010 (...