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...