Excerpt: ...ongful death his wife Vanessa Tirman. Plaintiff alleges that Vanessa Tirman's death was caused by stress and mental suffering inflicted by Defendants TBC, L.P. (TBC) and Parkwest Bicycle Casino, LLC (collectively Defendants) as a result of showing her a surveillance video depicting the death of her brother, Jonathan Jung. In June 2022, Vanessa Tirman filed a wrongful death complaint against TBC for allegedly choking her brother while leaving The ...

Excerpt: ...filed a Tort Claim with Defendant alleging she incurred serious injuries when she tripped and fell on a sidewalk. The location where the injury occurred was described as “adjacent to the Chrysler Dealership located at 9655 E. Firestone Blvd.” (Tort Claim, Duarte Decl., Ex. A.) In a separate attachment, the specific area of the sidewalk where the injury occurred was described as “the north sidewalk of Firestone Boulevard at approximately 270...

Excerpt: ... moves to strike certain portions of the FAC. Background Plaintiff filed a Complaint alleging Defendant violated the lease agreement by refusing to approve proposed subleases to a commercial lease during the period California and Los Angeles COVID protections were in place. Plaintiff brings causes of action for 1) Breach of contract (lease) 2) Interference with Prospective Economic Advantage 3) Inducing Breach of Contract 4) Declaratory Relief 5)...

Excerpt: ... Background Plaintiff, a minor, through his guardian ad litem, filed this lawsuit against Defendant Juan Meave (“Defendant Juan”), his wife Defendant Guadalupe Meave (“Defendant Guadalupe”) and his biological daughter Defendant L. Meave. Plaintiff alleges Defendant Juan sexually assaulted him on numerous occasions and Defendants Guadalupe and L. Meave knew or should have known of the abuse. Plaintiff further alleges Defendants owed him a ...

Excerpt: ...acts to constitute malice oppression or fraud. Background Plaintiff filed a Complaint against Defendant alleging numerous causes of action related to her employment with Defendant from January 18, 2021 to January 25, 2023. Plaintiff alleges: 1. Failure to Provide Meal and Rest Breaks 2. Failure to Pay Overtime 3. Failure to Pay Earned Wages upon Discharge 4. Failure to Furnish Accurate Itemized Wage Statements 5. Discrimination and Wrongful Termi...

Excerpt: ...her causes of action, related to her job as a part-time medical screener for Defendant Octapharma Plasma, Inc. (“Defendant OPI”). The operative First Amended Complaint (“FAC") was filed on July 3, 2023. On August 30, 2023, Plaintiff served her Request for Production of Documents (Set One). Defendant OPI served responses on October 2, 2023. In this motion to compel, Plaintiff argues the responses were unverified and, therefore, untimely. (Co...

Excerpt: ...erado from Penske Chevrolet of Cerritos. (FAC, ¶ 4.) On May 30, 2023, Plaintiff sued Defendant General Motors LLC (Defendant) alleging “breach of warranty” claims under the Song-Beverly Consumer Warranty Act as well as a common law “Fraud-Fraudulent Inducement-Concealment” claim (Count IV). Defendant timely filed a demurrer to the Fraud-Fraudulent Inducement-Concealment claim, and Plaintiff refiled the same claims in her First Amended Co...

Excerpt: ...NS, LLC (“Defendant”). On December 28, 2022, Plaintiff filed a Complaint against Defendant alleging violation of the Song-Beverly Act, Consumers Legal Remedies Act, and Unfair Competition Law Business & Professions Code § 17200. Defendant now files a motion to compel arbitration. No Opposition filed as of December 15, 2023. Legal Standard Under California law, the trial court has authority to compel arbitration pursuant to CCP §1281.2 where...

Excerpt: ...d a Complaint against Volkswagen Group of America, Inc. (“VWGoA”) and LAD-V, LLC dba Volkswagen of Downtown L.A. (erroneously sued as Volkswagen of Downtown L.A. dba LADV, LLC) (“VW DTLA,” “Dealer” and/or “Defendant”). Plaintiff's Complaint states four causes of action: (1) Violation of Song-Beverly Act – Breach of Express Warranty; (2) Violation of Song Beverly Act – Breach of Implied Warranty; (3) Violation of the Song-Bever...

Excerpt: ...iff”)'s complaint against Defendants DAN GOLDMAN JEWELERS & CO., INC. (“DGJ”) and DANIEL MOUREY (“Mourey”) consists of a single cause of action for Breach of Commercial Lease Agreement. On July 3, 2023, Plaintiff's counsel issued a deposition subpoena to Bank of America seeking consumer records of DGJ and a third-party Property Buyer, Inc. (Olson Decl., ¶1; Ex. A.) The subpoena seeks a variety of bank records such as canceled checks, b...

Excerpt: ...ical injuries. Petitioner submitted a policy limit demand to Jozef Magyar's insurance carrier, Respondent Allstate Northbrook Indemnity Company (“Allstate”), which was promptly tendered in the amount of $25,0000.00. Due to the severity of the injuries and corresponding medical bills, Petitioner submitted an underinsured motorist claim to Allstate for her remaining UIM policy limits. Motion to Quash C.C.P. §1987.1(a) provides, in pertinent pa...

Excerpt: ..., Inc. (“Giant RV”) in Downey, California. (Bensiek Decl., Ex. A, Retail Installment Sale Contract.) On June 26, 2023, Plaintiff sued Giant RV and Defendant Thor Motor Coach Inc. (“Thor”) under the Song-Beverly Consumer Warranty Act alleging Defendants failed to conform the Subject Vehicle to the factory warranty in a reasonable amount of time. Thor now seeks an order to stay the proceedings based on forum non conveniens to allow Plaintif...

Excerpt: ...24. The Court awards combined sanctions in the reduced amount of $1,735.00. Moving party to give notice. Background This is a lemon law action. Defendant American Honda Motor Co., Inc. (“AHM”) first noticed the deposition of Plaintiffs JOAQUIN BARAJAS and ADRIAN BARAJAS (“Plaintiffs”) on October 4, 2022. (Redfern Decl. at ¶ 3, Ex. A.) Plaintiffs served objections to both depositions on November 23, 2022. (Redfern Decl. at ¶ 4, Ex. B.) P...

Excerpt: ...hiladelphia Indemnity Insurance Company's Motion to Reclassify is DENIED. Defendants to give notice. Background Plaintiffs Ani Khachikyan, Elah Kaseblyan, a minor by and through her guardian ad litem, Ani Khachikyan; and Leah Kaseblyan, a minor by and through her guardian ad litem, Ani Khachikyan, (collectively, the Khachikyan Plaintiffs), filed this action against defendants Platinum Transportation Group, Inc. and Miguel Angel Pacheco for damage...

Excerpt: ...sponses to Special Interrogatories (Set One) is GRANTED. Plaintiff is ordered to provide verified, complete, and code-compliant responses, without objections, to Set One of Defendant's Special Interrogatories within 30 days of notice of this order. Defendant Tyrone Montero's Motion to Compel Responses to Request for Production of Documents (Set One) is GRANTED. Plaintiff is ordered to provide verified, complete, and code-compliant responses, with...

Excerpt: ...er Warranty Act – Breach of Express Warranty; (2) Violation of Song Beverly Consumer Warranty Act – Breach of Implied Warranty; (3) Negligent Repair; and (4) Declaratory Relief. The facts, as alleged, are as follows. On November 2, 2021, Plaintiff purchased a used 2014 Hyundai Veloster with the VIN: KMHTC6AE1EU204030. (Compl. ¶ 8.) Defendant provided a thirty day or 1,000 mile express warranty associated with the sale of the subject vehicle,...

Excerpt: ...aintiff Lorraine Cota filed a complaint against Defendants Marco Antonio Martin (“Martin”), 365 Kapital, LLC (“365”), My Rights Inc. (“MRI”), Rinaldo Rios (“Rios”), Excellence RE Real Estate. Inc. (“ERRE”), and Does 1-50, inclusive, alleging causes of action for 1) financial elder abuse, 2) breach of fiduciary duty, 3) actual fraud, 4) constructive fraud, 5) conversion, 6) recovery of payment from unlicensed contractor, and 7)...

Excerpt: ...inst Defendants BLK Legal Support Firm, Bruce Loren Karey (“Karey”), Alexander Cotton, and Does 1 through 10, alleging causes of action for: (1) Professional Negligence (Legal Malpractice); (2) Fraud; (3) Intentional Infliction of Emotional Distress; (4) Breach of Contract; (5) Breach of Fiduciary Duties; and (6) Negligent Supervision. Plaintiff alleges that “around January 2020, due to Defendants undue delay in preparing Plaintiff's paperw...

Excerpt: ...for a judgment on the pleadings on Plaintiff Dinorah Talavera's (Plaintiff) First Amended Complaint (FAC). Background Plaintiff filed a FAC against Defendant Ozzy Network, Inc., Golden State Foreclosure Services, Inc.; Oswaldo Martinez; Miriam Melero; Antonio Aguilar; United Escrow Services; and Executive Realty Services, Inc. alleging: 1. Fraud; 2. Violation of Civil Code § 2920; 3. Violation of Civil Code § 1632; 4. Wrongful Foreclosure; 5. I...

Excerpt: ...Defendants Natural Stone Fabricators, Inc., Concrete Collaborative, and Studio Palomino. Plaintiffs allege causes of action for: 1. Breach of Contract 2. Negligence 3. Fraud and Deceit 4. Intentional and Negligent Misrepresentation 5. Unfair Business Practices 6. Breach of the Covenant of Good Faith and Fair Dealings Legal Standard The trial court's determination of good faith under CCP § 877.6 must take into account “a number of factors,” i...

Excerpt: ...d On or about October 2, 2023, Plaintiff Jennifer Juliana Avendano Hoyos (“Plaintiff”) served a Notice to Quit the real property located at 12050 Horley Ave., Downey, CA 90242 (“Subject Property”) on the occupants of the Subject Property including Defendants Reyna Perez (“R. Perez”), Victor Acevedo (“Acevedo”), and Jorge H. Perez (“J. Perez”) (collectively “Defendants”). On or about October 9, 2023, Plaintiff filed an unla...

Excerpt: ...il 2, 2009, L&J Assets, LLC assigned the judgment to Bag Fund LLC. On January 13, 2016, the judgment was renewed in the amount of $39,252.00. On September 17, 2020, Bag Fund LLC assigned the judgment to Intellectual Capital Management & Servicer, Inc. (“Plaintiff” or “Judgment Creditor”) On March 14, 2022, the judgment was renewed in the amount of $70,098.00. Plaintiff moves for $19,605 in attorney fees and costs against Defendant as reas...

Excerpt: ...dant Cortazar). Plaintiff seeks sanctions against Defendant Mitchell and Defendant Cortazar. Background This is a landlord-tenant dispute between Plaintiff and Defendants Carolina Cortazar, Steven Mitchell, and Carlos Sandoval (collectively Defendants). Plaintiff alleges that Defendants unlawfully entered the leased property on several occasions, threatened Plaintiff, removed Plaintiff's personal property, and wrongfully evicted Plaintiff. Motion...

Excerpt: ...ules of Court, rule 3.1350 and Code of Civil Procedure § 437c(b)(3) within one court day of this order. Moving party(s) to give notice. Background On August 11, 2022, Plaintiff Elizabeth A. Velasco (Plaintiff) filed a Complaint against Defendant Dyno Autosales, Inc. (Defendant), asserting the following causes of action: (1) Violation of Song-Beverly Consumer Warranty Act – Breach of Express Warranty; (2) Violation of Song Beverly Consumer Warr...

Excerpt: ...tion of Civil Code section 1708.5; (2) gender violence in violation of Civil Code section 52.4; (3) violation of Ralphs Civil Rights Act; (4) assault; (5) battery; (6) intentional infliction of emotional distress; and (7) negligent hiring, supervision, retention. Plaintiff alleges that she was sexually assaulted by an EMT in an ambulance when she required transported from one hospital to another on November 10, 2018. Discussion Defendants seek an...