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2023.01.18 Motion to Compel Deposition 124
Location: Los Angeles
Judge: Hsu, Wesley
Hearing Date: 2023.01.18
Excerpt: ...September 13, 2011, Zhou and Defendant U.N.T. Atia Co II (“U.N.T.”) entered into a Shopping Center Lease Agreement (“Lease Agreement”) whereby Zhou leased from U.N.T. the premises known as 19755 E. 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 lat...
2023.01.18 Demurrer 525
Location: Los Angeles
Judge: Hsu, Wesley
Hearing Date: 2023.01.18
Excerpt: ...f action) and otherwise SUSTAINED. The court will hear from counsel for Plaintiff 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. Background Plaintiff Mayela Michelle Sullivan aka Margarita Sullivan aka Margarita Ceballos (“Plaintiff”) alleges as follows: On or about June 14, 2002, Plaintiff and her sister, Maria De La Cruz Ceballos (“Ceballos”), purchased the duplex...
2023.01.17 Motion to Strike FAC 441
Location: Los Angeles
Judge: Hsu, Wesley
Hearing Date: 2023.01.17
Excerpt: ...alifornia State Assemblyperson. Defendant Maria Morales (“Maria”) is a former El Monte City Council member. Defendant Alma Martinez (“Alma”) is the City Manager of El Monte. Susan filed a request for a three-year domestic violence restraining order (“DVRO”) against Plaintiff on April 13, 2016, which the court granted on July 1, 2016. The DVRO was renewed by Susan on January 17, 2020 for an additional five years. Beginning in or about ...
2023.01.17 Motion to Recall and Quash Business Records Subpoenas 204
Location: Los Angeles
Judge: Hsu, Wesley
Hearing Date: 2023.01.17
Excerpt: ...Dawgs Construction Corp. dba Servpro Rosemead/South El Monte (“DDCC”), believing that it was a subsidiary or branch office of Servpro Industries, Inc. (“Servpro”), and spoke with Tammy Woloski (“Tammy”), who represented that Servpro had expertise in mold treatment and water damages repair, had been a famous, nationwide company in the mold treatment/water damages repair industry for decades and that it had repaired many homes damaged b...
2023.01.17 Motion for Interlocutory Judgment of Partition, Appointment of Referee 020
Location: Los Angeles
Judge: Hsu, Wesley
Hearing Date: 2023.01.17
Excerpt: ...est in same, whereas Defendant has a 25% interest in same as Trustee of the Madeline Rios Escarcega Separate Property dated March 15, 2000 (“Trust”). Defendant has failed to pay Plaintiff his portion of the net rental income derived from the subject property and has ousted Plaintiff from the subject property. Plaintiff seeks a partition by sale of the subject property. On September 8, 2022, Plaintiff filed a “Verified Complaint for Partitio...
2023.01.12 Demurrer to FAC 895
Location: Los Angeles
Judge: Hsu, Wesley
Hearing Date: 2023.01.12
Excerpt: ...g her hospitalization, PVHMC's nursing and care staff failed to timely diagnose and treat Plaintiff's obstructed bowel and UTI and failed to take pressure wound precautions with Plaintiff, resulting in a stage 4 ulcer. Plaintiff was also given blood thinners which caused bowel bleeding. On October 21, 2022, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against PVHMC and Does 1-540 for: 1. Professional Negligenc...
2023.01.11 Motion to Compel Deposition, for Monetary Sanctions 347
Location: Los Angeles
Judge: Hsu, Wesley
Hearing Date: 2023.01.11
Excerpt: ...intiff Guoji Zhang's motion to compel defendant to answer questions from deposition taken on July 29, 2022, and request for monetary sanctions is GRANTED, in part, and DENIED, in part. a. The request to compel further responses to Question Nos. 1, 2, 4 and 5, is GRANTED. b. The request to compel further responses to Question No. 3 is DENIED. c. The request to impose sanctions on Defendant is GRANTED, in part in the reduced amount of $1,260. Defen...
2023.01.10 Motion to Set Aside Entry of Default, for Reconsideration 922
Location: Los Angeles
Judge: Hsu, Wesley
Hearing Date: 2023.01.10
Excerpt: ...ered default judgment against Defendants. Defendants argue that the Court should reconsider its order because they had filed an amended Motion to Set Aside prior to the hearing, on July 8, 2022, which contained the proposed answer and additional reasons supporting their failure to respond prior to the entering of default. Code of Civil Procedure section 1008 provides, in pertinent part: “(a) When an application for an order has been made to a j...
2023.01.09 Petition to Compel Arbitration 546
Location: Los Angeles
Judge: Hsu, Wesley
Hearing Date: 2023.01.09
Excerpt: ...exists; the right to compel arbitration has been waived; grounds exist for revocation of the agreement; or litigation is pending that may render the arbitration unnecessary or create conflicting rulings on common issues. (CCP § 1281.2.) "The statutory remedy to compel arbitration embodied in Code of Civil Procedure section 1281.2 was designed to afford a remedy where the parties did not provide for the contingency of refusal to comply with a req...
2023.01.06 Demurrer 930
Location: Los Angeles
Judge: Hsu, Wesley
Hearing Date: 2023.01.06
Excerpt: ...ing. The braking system within Honda 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...
2023.01.05 Motion for Protective Order 687
Location: Los Angeles
Judge: Hsu, Wesley
Hearing Date: 2023.01.05
Excerpt: ...e, California (“Creekside”). On October 12, 2018, Plaintiff filed a First Amended Complaint, asserting causes of action against MBI and Does 1-200 for: 1. Breach of Contract 2. Breach of Implied Covenant of Good Faith and Fair Dealing 3. Gross Negligence On November 13, 2018, MBI filed a cross-complaint, asserting causes of action against Roes 1-100 for: 1. Equitable Indemnity 2. Comparative Apportionment of Fault 3. Declaratory Relief On Apr...
2023.01.04 Motion for Summary Judgment, for Judgment on the Pleadings 777
Location: Los Angeles
Judge: Hsu, Wesley
Hearing Date: 2023.01.04
Excerpt: ...Lo”) allege that Defendants Juechen Du (“Du”) and Kaiheng Chen (“Chen”) failed to pay rent for five months, failed to move out upon proper notice and intentionally damaged the subject property. On September 23, 2021, Huang and Lo filed a complaint, asserting causes of action against Du and Chen for: 1. Negligence 2. Breach of Contract 3. Conversion 4. Failure to Pay Rent 5. Civil Conspiracy On October 22, 2021, Du and Chen filed a cross...
2023.01.04 Application for Right to Attach Order, for Issuance of Writ of Attachment 098
Location: Los Angeles
Judge: Hsu, Wesley
Hearing Date: 2023.01.04
Excerpt: ...as never started. Zheng did not return the money to Plaintiff. In 2018, Zheng introduced Plaintiff to Defendant Jonathan Zhiyi Zhang (“Zhang”). Zhang represented to Plaintiff that Zhang was actively engaging in the agriculture business, that he had visited Zhang's farms and other projects and that they were doing well, and that Zhang was a reliable businessman whom Plaintiff could trust. Zhang owns and controls Uninet Global Inc. (“Uninet�...
2023.01.03 Motion to Depose Defendant in Prison 487
Location: Los Angeles
Judge: Hsu, Wesley
Hearing Date: 2023.01.03
Excerpt: ...ving a 2004 Ford Mustang (“subject vehicle”) westbound on State Route 60 when it was rear- ended by a 2014 Dodge Ram 1500 van driven by Kaj Wendall Faaborg (“Faaborg”). The subject vehicle's driver's seat back collapsed rearward, causing Jeremy to be thrown into the rear passenger compartment. The impact of the collision pushed the rear suspension and/or other component parts of the subject vehicle into the gas tank of the subject vehicle...
2023.01.03 Demurrer, Motion to Strike 875
Location: Los Angeles
Judge: Hsu, Wesley
Hearing Date: 2023.01.03
Excerpt: ...hicle”). The subject vehicle is equipped with a computerized driver-assistance safety system called Honda Sensing. The braking system within Honda 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. America...

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