Excerpt: ...he Creekside residential subdivision in La Verne, California ("Creekside"). On October 12, 2018, Plaintiff filed a First Amended Complaint, asserting causes of action agamst MBI and Does 1-200 for. Breach of Contract Breach of Implied Covenant of Good Faith and Fair Dealing Gross Negligence On November 13, 2018, MBI filed a cross-complaint, asserting causes of action agamst Roes 1-100 for. Equitable Indemnity Comparative Appoftlonment of Fault De...

Excerpt: ...NUED to June 22, 2023, at 9:30 a.m. [see below]. 3. The hearing on Defendant CWD, LLC's Motion to Seal Exhibits G and H to Jeannie Martin's Declaration in Support of CWD's Motion to Strike Joanna Salazar's PAGA Claim from the Complaint is CONTINUED to to June 22, 2023, at 9:30 a.m. [see below]. 4. The hearing on Plaintiff Joanna Salazar's Motion to File Records Under Seal is CONTINUED to June 22, 2023, at 9:30 a.m. Background Plamtiff Joanna Sala...

Excerpt: ...iri Ryu ("Miri") alleges as follows: Miri owns the trademark known as "Teehee Kids" ("Mark'). Teehee Socks Inc. ("TSI"), Jong Wong Bok ("Bok"), TY International Co. Ltd. ("TJ International") and Taijin USA ("Taijin" and collectively with TSI, Bok TJ International and Taijin as "Defendants") have used and are using the Mark in commerce to sell children's socks in the United States and internationally via online services such as Amazon.com without ...

Excerpt: ...ndant Hyung Su Ryu aka Alex Ryu's Motion to Strike Portions of the First Amended Complaint of Plaintiff Teehee Socks, Inc. is DENIED as MOOT. Background Case No. 22PSCV00134 Teehee Socks, Inc. (MTSI") alleges as follows: Hyung Su Ryu dba Alex Ryu ("Hyung") was the sole shareholder of TSL as well as a director and officer, at the time of TSI's January 13, 2015 incorporation. On or about May 10, 2019, Hyung agreed in writing to sell 51% of the outs...

Excerpt: ...t Defendants C&L Refrigeration Corporation ("C&L"), Angle Ironworks, Inc. ("Angle") and Does 1-50 for: Negligence Premises Liability On January 3, 2020, Plaintiff filed an "Amendment to Complaint" wherein GB Metal Fabricators, Inc. ("GB Metals") was named in lieu of Doe 1. On March 11, 2020, GB Metals filed a cross-complaint asserting causes of action against Angle and Moes 1-50 for. Equitable Indemnification and Contribution Declaratory Relief A...

Excerpt: ...endant Teehee Socks, Inc.'s Motion for Preliminary Injunction is DENIED. 4. Plaintiff Hyung Su Ryu dba Alex Ryu's Motion to Deem the Truth of Matters and Genuineness of Documents Specified in Request for Admissions, Set Two, to Defendant Taijin USA, Admitted and Conclusively Established is GRANTED. Pursuant to CCP 2033.280, subdivision (b), the court orders that the truth of all specified matters and the genuineness of documents specified in the ...

Excerpt: ... dba Lanterprise Constriction (“Lanterprise”), would build an ADU for Plaintiff in Plaintiff's backyard. Plaintiff advised Li and Zhen that he intended to move into the ADU and wanted the ADU to have a separate and independent water, gas and electric meters. The parties thereafter entered into a contract and Plaintiff paid $170,000.00 towards the $180,000.00 projected costs as construction progressed. On August 15, 2019, Li prepared a change ...

Excerpt: ...overheard an African-American colleague, Miatta Watts ("Watts"), refer to other CDCR department employees as "The Mexicans" to supervisor Ron Warner, a Caucasian male ('Watts/Warner incident'). Warner did not comment or correct Watts for that remark. Plaintiff reported the Watts/Warner incident in email and in person to Acting Chief Deputy Jason Johnson ("Johnson"), who is African-American. After Plamtiff complained to Johnson, Plaintiff was assi...

Excerpt: .... (“Phoetech”), Zi Fa Lin aka Zifa Lin (“Lin”) and Does 1-10 for: 1. Unlawful Detainer On April 26, 2022, Phoetech's and Lin's defaults were entered; that day, a clerk's default judgment for possession only was filed. On April 29, 2022, a writ of possession of real property was issued. On December 29, 2022, default judgment was filed. Legal Standard Code of Civil Procedure Section 473.5 Where a service of summons has not resulted in actua...

Excerpt: ...e is GRANTED in part (i.e., as to 2.11, 6.4‐6.7, 8.2 and 12.4‐12.6) and DENIED in part (i.e., as to No. 4.1). Cao is to provide further responses, without objections, to Nos. 2.11, 6.4‐6.7, 8.2 and 12.4‐12.6 within 20 days from the date of the hearing. 3. Defendant Scott A. Warmuth's Motion to Compel Plaintiff Junlong Cao to Further Respond to the Special Interrogatories, Set One is DENIED. Sanctions are awarded against Warmuth and in fav...

Excerpt: ...t any profits equally. Plaintiff and Defendant purchased the property located at 3414 Patritti Avenue, Baldwin Park, California 91706 (“subject property”) for approximately $525,000.00 on December 17, 2020. Plaintiff and Defendant agreed that Defendant would obtain the financing to purchase the subject property and that once escrow closed Plaintiff would be placed on title to same as a one-half joint owner. Plaintiff paid tens of thousands of...

Excerpt: ...tion to Strike Portions of Plaintiff's First Amended Complaint is DENIED as MOOT in part (i.e., as to punitive damages) and otherwise GRANTED (i.e., as to attorney's fees). Background Plaintiff Pengshi Xie (“Plaintiff”) alleges as follows: In late 2017, Plaintiff was solicited by Defendant Deniel Jianhua Zheng (“Zheng”) to invest $50,000.00 in the marijuana business. Plaintiff wired monies to an account designated by Zheng, but the busine...

Excerpt: ... agreement (“Agreement”) for the purchase of real property. Prior to purchasing the property, Defendant made representations that the HVAC system had no issues, and that plumbing inspection was unnecessary. After escrow closed, Plaintiff learned that the property's plumbing and piping was found to require extensive repairs and that the HVAC system was unusable. Defendant received a commission of $8,760.00 from Plaintiff. On June 30, 2022, Pla...

Excerpt: ...proceedings. On November 8, 2022, Plaintiff filed a complaint, asserting causes of action against Brown and Does 1-25 for: 1. Elderly Abuse of a Two Wars Veteran 2. Abuse of the Mentally Challenged 3. Perjury, Suborning Perjury A Case Management Conference is set for April 12, 2023. Legal Standard A “vexatious litigant” “means a person who does any of the following: (1) In the immediately preceding seven-year period has commenced, prosecute...

Excerpt: ...d, missed meal periods or rest breaks, failed to pay wages owed during employment or upon discharge or resignation, failed to provide complete and accurate wage statements, failed to keep complete and accurate payroll records and failed to provide reimbursement for necessary business-related expenses and costs. On November 18, 2020, Porfirio Landeros, individually, and on behalf of other aggrieved employees pursuant to the California Private Atto...

Excerpt: ...lows: Plaintiff worked for Defendants Dr. Privitera's Holistic Clinic (“Clinic”), Alternative Endeavors, Inc. (“Endeavors”), Anakin Mark Privitera (“Privitera””) (collectively, “Defendants”) as an office assistant at Clinic, first in the fall of 2019-early 2020 and again from August 2021-September 9, 2021. Privitera made lewd and vulgar comments in Plaintiff's presence on a repeated basis and made sexual advances to her. On Octo...

Excerpt: ...ipped with a Hydra-Matic 8LPO transmission or Hydra-Matic 8L45 transmission which has a design defect causing “harsh shifts” in lower gears (“Transmission Defect”). General Motors LLC (“Defendant”) knew or should have known about the Transmission Defect before the subject vehicle was sold to Plaintiff. On November 14, 2022, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Defendant and Does 1-1...

Excerpt: ...intiff's “right to enjoy all rights at income from restaurant” and failed to refund Plaintiff's security deposit. On October 13, 2022, Plaintiff filed a complaint, asserting a cause of action against Defendants and Does 1-25 for: 1. Breach of Contract A Case Management Conference is set for March 1, 2023. Legal Standard A demurrer may be made on grounds that the pleading, inter alia, does not state facts sufficient to constitute a cause of ac...

Excerpt: ...ection 579, supported by a showing of grounds for each judgment). Plaintiffs, in their “Summary of the Case,” acknowledge that the first through fourth causes of action are asserted against defaulted defendants but that default judgment should not be entered against them on the first and third causes of action (i.e., for Quiet Title [1] and Equitable Lien, respectively) in part at this time since “defendants Lone Oak and Qualfax also claim ...

Excerpt: ...ngpeng”) traveled together to Las Vegas, where they won a significant sum of money gambling. While in Las Vegas, Zhengjun and Zengpeng met Fai Wong (“Wong”), who represented himself as a casino host. Wong told Zhengjun and Zengpeng that they could not legally return to China with their winnings or otherwise transfer the money to China and that they had to invest the money in the United States. Wong represented that he knew of properties in ...

Excerpt: ...usband Robert E. Helm (“Robert”) created and executed The Helm Family Trust dated November 4, 1994 (“Trust”). Plaintiff is Beverly's attorney in fact and the current trustee of the Trust. Robert died in 2008. Beverly thereafter lived alone at 1695 Entre Colinas Place, Pomona, CA 91768 (“subject property”). Some time around 2016, Beverly began to decline significantly in 2016. Around this time, Beverly was persistently solicited by var...

Excerpt: ..., Inc. (“Nissan”) knew or should have known about the defect before the sale of the subject vehicle. On July 28, 2022, Plaintiff filed a complaint, asserting causes of action against Nissan and Does 1-10 for: 1. Violation of Song-Beverly Act—Breach of Express Warranty 2. Fraudulent Inducement—Intentional Misrepresentation 3. Fraudulent Inducement—Concealment A Case Management Conference is set for March 1, 2023. Legal Standard Under Cal...

Excerpt: ...oners Elmcrest Care Center's, Sharon Balane‐de Ocera's, Juanita Cristalez's, Diana Rivas' and Sandra Alvizo's Petition for Order Vacating Arbitration Award 4. Defendants/Petitioners Elmcrest Care Center's, Sharon Balane‐de Ocera's, Juanita Cristalez's, Diana Rivas' and Sandra Alvizo's Petition for an Order Correcting the Corrected Final Arbitration Award served on September 30, 2022 1.‐4. See below. Background [1] Plaintiffs Ericka Ortiz, i...

Excerpt: ...I”) and TZ Global Inc. (together, “Lien Entities”), wherein Lien and Lien Entities agreed to perform various construction improvements (“project”) on Plaintiff's property located at 18321 Handah Ct., Rowland Heights, CA 91748 (“subject property”) in exchange for Plaintiff's payment of $110,000.00. Defendant Joe Mun Yan Chou dba Impact Construction Company (“Chou”) is a licensed contractor who assisted Lien to obtain construction...

Excerpt: ...April 1, 2021 Order on Motion to Enforce Settlement is GRANTED. Background [1] Case No. KC070042 Plaintiffs Bharat Patel (“Bharat”) and Dinesh Patel (“Dinesh”) allege as follows: Bharat and Dinesh are brothers and are the uncles of Prakash Patel (“Prakash”). Beginning in April 2007, Bharat and Dinesh agreed to make a series of loans to Prakash. The total amount of these loans, which were secured by a deed of trust on Prakash's persona...

Excerpt: ...full-service car wash on Defendants New Age Kaleidoscope, LLC's (“New Age”) and Kam Sang Company, Inc.'s (“Kam Sang”) (collectively, “Defendants”) property. Plaintiffs were forced to close their business in late February/early March 2020 due to the Covid-19 pandemic. Plaintiffs directly told Defendants that the business was closed and wrote to Defendants on November 27, 2020 of the financial impact Covid-19 had on the business. Defend...

Excerpt: ...e subject vehicle has not been repaired after a reasonable number of attempts. On April 30, 2019, Plaintiff filed a complaint, asserting causes of action against FCA US LLC (“Defendant”) and Does 1-50 for: 1. Violation of Subdivision (d) of Civil Code Section 1793.2 2. Violation of Subdivision (b) of Civil Code Section 1793.2 3. Violation of Subdivision (a)(3) of Civil Code Section 1793.2 4. Breach of Express Written Warranty (Civ. Code §§ ...

Excerpt: ...ch Group, Inc. (“Phoetech”), Zi Fa Lin aka Zifa Lin (“Lin”) and Does 1-10 for: 1. Unlawful Detainer On April 26, 2022, Phoetech's and Lin's defaults were entered; that day, a clerk's default judgment for possession only was filed. On April 29, 2022, a writ of possession of real property was issued. On December 29, 2022, default judgment was filed. Legal Standard Code of Civil Procedure Section 473.5 Where a service of summons has not resu...

Excerpt: ...oration dba Lanterprise Constriction (“Lanterprise”), would build an ADU for Plaintiff in Plaintiff's backyard. Plaintiff advised Li and Zhen that he intended to move into the ADU and wanted the ADU to have a separate and independent water, gas and electric meters. The parties thereafter entered into a contract and Plaintiff paid $170,000.00 towards the $180,000.00 projected costs as construction progressed. On August 15, 2019, Li prepared a ...

Excerpt: ...der construction. While working on the roof, Plaintiff fell approximately 20-30 feet below when he stepped through an unsecured hole and sustained injuries. On October 29, 2019, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants C&L Refrigeration Corporation (“C&L”), Angle Ironworks, Inc. (“Angle”) and Does 1-50 for: 1. Negligence 2. Premises Liability On January 3, 2020, Plaintiff filed an “Amendme...

Excerpt: ...On October 21, 2022, Plaintiff filed a complaint, asserting a cause of action against PVHMC, Arianjam and Does 1-50 for: 1. Negligence—Medical Malpractice On December 21, 2022, a “Stipulation to Modify Plaintiff's Prayer No. 5 [etc.]” was filed. A Case Management Conference is set for February 14, 2023. Legal Standard A demurrer may be made on grounds that the pleading, inter alia, does not state facts sufficient to constitute a cause of ac...

Excerpt: ...nt is DENIED as MOOT. 4. Defendants Gordes Hospitality Inc.'s and Ganyu Huang's Demurrer to Plaintiffs' Complaint is SUSTAINED, with 20 days' leave to amend. 5. Defendants Gordes Hospitality Inc.'s and Ganyu Huang's Motion to Strike Plaintiffs' Complaint is DENIED as MOOT. Background [1] Plaintiffs Zia Abhari (“Abhari”) and Amir Shamloo (“Shamloo”) (together, “Plaintiffs”) allege as follows: On May 2, 2020, Gordes Hospitality, Inc. (�...

Excerpt: ... possession and remedy compliance issues which property owner Respondent Sandblossom, LLC (“Respondent”) has failed to voluntarily abate. On January 4, 2019, City filed a “Petition and Motion for an Order Appointing a Receiver to remedy Substandard Conditions (Health & Safety Code § 17980.7)” against Respondent. The court denied said petition, without prejudice, on March 11, 2019. On February 10, 2020, the court granted City's “Ex Part...

Excerpt: ... Colima Road #C, Rowland Heights, CA 91748 (“subject property”). In or about 2012 and 2013, the parties agreed to have Zhou advance $70,000 to pay for repair and installation of common space walkway and an oil tank, and that U.N.T. would later reimburse Zhou, with interest. Defendant Great New World Equity LLC (“GNWE”) is U.N.T.'s successor-in-interest. In March 2021, Zhou noticed that the subject property's roof was leaking. Zhou has ask...

Excerpt: ...adicate certain habitability conditions present at the Property during Plaintiffs' tenancy and evicted Plaintiffs in retaliation for complaining to the City of El Monte. On July 11, 2018, Plaintiffs filed a First Amended Complaint, asserting causes of action against Guerra and Does 1-100 for: 1. Breach of Implied Warranty of Habitability 2. Tortious Breach of Implied Warranty of Habitability 3. Negligence 4. Intentional Infliction of Emotional Di...

Excerpt: ... Sensing is called Collision Mitigation Braking System (“CMBS”). The Honda Sensing system suffers from a defect that causes the various subsystems (including the adaptive cruise control, the lane‐departure system and the CMBS) within it to malfunction dangerously while a vehicle is driven. American Honda Motor Co., Inc. (“Defendant”) knew or should have known about the safety hazard posed by the Sensing Defect before the sale of the sub...

Excerpt: ... entered into a month-to-month tenancy, wherein Plaintiff agreed to rent a room in the garage of the property located at 18846 Andrada Drive in Rowland Heights (“subject property”) for $800.00/month. In October 2019, Plaintiff rented an additional room in the garage of the subject property and rent was increased to $1,200.00/month. Thierry Cornet (“Cornet”) is Ou's agent and the manager of the subject property. The subject property was in...

Excerpt: ... Plaintiff Teehee Socks, Inc. is DENIED as MOOT. Background Case No. 21PSCV00336 Plaintiff Hyung Su Ryu dba Alex Ryu (“Hyung”) alleges as follows: Hyung was forced out from his own company that he founded and built up, TeeHee Socks, Inc. (“TSI”). Hyung was fired and deprived of his salary and stock dividends. TSI is being relocated to Nevada. On January 10, 2022, the court related this instant case to Case No. 21PSCV01072; this instant ca...

Excerpt: ...ng”) alleges as follows: Hyung was forced out from his own company that he founded and built up, TeeHee Socks, Inc. (“TSI”). Hyung was fired and deprived of his salary and stock dividends. TSI is being relocated to Nevada. On January 10, 2022, the court related this instant case to Case No. 21PSCV01072; this instant case was designated the lead case. On April 12, 2022, the court sustained Bok's, Taijin's, TJ International's and TSI's demurr...

Excerpt: ...g). The court will hear from counsel for TSI, Taijin and TJ International as to whether leave to amend is requested, and as to which cause(s) of action, and will require an offer of proof if so. 2. Cross‐Defendants Hyung Ryu aka Alex Ryu's, Miri P. Ryu's and Soxnet, Inc.'s Motion to Strike the Cross‐Complaint of Teehee Socks, Inc., Taijin USA, Inc. and TJ International Co., Ltd. is DENIED [see below]. 3. Defendants Jong Won Bok's, Taijin USA'...

Excerpt: ...tural design agreements with Defendants Stewart Design, Engineering & Construction Inc. (“Stewart Design”), Carl W. Stewart II (“Stewart II”) and Carl W. Stewart III (“Stewart III”) (collectively, “Defendants”), wherein Defendants agreed to provide design and structural plans for Plaintiff's customers. Defendants failed to provide the designs on time, failed to submit the designs to the cities of Pasadena and Los Angeles, respecti...

Excerpt: ...ntiff Irene Melendez, heir and successor-in-interest to Timothy John Cortinas (“Plaintiff”) alleges as follows: Decedent was a 51-year-old dependent adult. On August 3, 2018, Decedent lived at a housing facility owned and operated by Holy Family Children's Care, Inc. dba St. Philomena Care Homes (“Holy Family”) and Evelyn Pascual (“Pascual”). Emanuel Arellano (“Arellano”), an employee of Easter Seals Southern California, Inc. dba ...

Excerpt: ... is OVERRULED in part (i.e., as to the first cause of action) and otherwise SUSTAINED (i.e., as to the second and third causes of action). The court will hear from counsel for Plaintiff as to whether leave to amend is requested as to the second and third causes of action, and will require an offer of proof if so. Background Plaintiff Jose De Jesus Delgado Perez (“Plaintiff”) alleges as follows: On May 8, 2020, Brian A. Schott (“Schott”), ...

Excerpt: ... vehicle”). The subject vehicle is equipped with a ZF9HP automatic transmission (“Transmission Defect”) which is defective causes numerous safety concerns. American Honda Motor Co., Inc. (“Defendant”) knew or should have known about the Transmission Defect before it was sold. On September 15, 2022, Plaintiff filed a complaint, asserting causes of action against Defendant and Does 1-10 for: 1. Violation of Song-Beverly Act—Breach of Ex...

Excerpt: ...en contract wherein SCI agreed to sell loose diamonds to Jewel for $108,558.50, payable via eight payments of $13,570.00. Jewel has failed to make the required payments. On September 7, 2022, SCI filed a complaint, asserting causes of action against Jewel and Does 1-25 for: 1. Breach of Contract 2. Book Account 3. Goods Sold and Delivered A Case Management Conference is set for January 25, 2023. Discussion Jewel moves the court, pursuant to Code ...

Excerpt: ...��Benz Financial Services USA LLC's Motion to Strike Portions of Plaintiff's Second Amended Complaint is DENIED as MOOT. Background Plaintiff Ho Yee Lai (“Plaintiff”) alleges as follows: On November 20, 2021, Plaintiff purchased a “certified pre-owned” (“CPO”) 2019 Mercedes Benz 560e, VIN #WDDUG7DB3KA476232 (“subject vehicle”) from Envision WC MB Auto, LLC dba Mercedes-Benz of West Covina (erroneously sued and served as Mercedes-B...

Excerpt: ...unded to Plaintiff Irene Marquez is GRANTED. Marquez is to provide further, Code-compliant responses and a full and complete copy of the RISC within 20 days from the date of the hearing. Background Plaintiffs Irene Marquez (“Marquez”) and Arlene Rodriguez (“Rodriguez”) (together, “Plaintiffs”) allege as follows: On May 19, 2021, Plaintiffs purchased a new 2021 Nissan Rogue, VIN No. 5N1AT3AA8MC691332 (“subject vehicle”). The subjec...

Excerpt: ...east $70,000.00. On December 14, 2020 Plaintiff filed suit against Defendants for: 1. Breach of Contract; 2. Open Book Account; 3. Fraud-Intentional Misrepresentation; 4. Fraud-Promise without intent to perform; and, 5. Conversion. On February 16, 2021, Defendants filed a General Denial and a Cross-Complaint. On March 5, 2021, Plaintiff filed the Answer to the cross-complaint. On December 29, 2022, Plaintiff filed the instant motion. On January 1...

Excerpt: ...ants, LLC (“Altman”) (collectively, “Defendants”) and Does 1‐ 20 for: 1. Negligence 2. Negligent Entrustment 3. Negligent Hiring, Training and Supervising On September 11, 2020, this case was transferred from Department 32 of the Personal Injury Court to this instant department. On October 29, 2021, the court granted Plaintiff's motion for summary adjudication of Defendants' eighteenth affirmative defense. Legal Standard “Any party ma...

Excerpt: ...lf of themselves (“Individual Plaintiffs”) and, as a derivative action, on behalf of Islamic Center of San Gabriel Valley (“ICSGV”) (collectively, “Plaintiffs”) allege as follows: Individual Plaintiffs are Muslim-Americans and members of ICSGV, which is a Mosque and Islamic community center. Defendants Maher Subeh (“Subeh”), Sattar Abdul Siddiq aka Abdul Sattar (“Sattar”), Diaa Yassin (“Yassin”), Zahid Karim (“Karim”),...