Excerpt: ...ign Proposal Agreements' (“Agreements”) wherein Defendant was to provide architectural services for the design and permit approval for the construction of certain apartment units to the preparation of civil engineering plans (such as grading, drainage, and street improvements), and conceptual drawings of the units, to preparing and applying for permits. [1] Defendant, however, failed to timely seek an extension to the conductional use permits...

Excerpt: ... to terminate Plaintiff for making various complaints to Human Resources (HR) about workplace harassment. On March 25, 2021, Plaintiff filed suit for: 1. Wrongful Termination in Violation of Public Policy 2. Breach Of Contract and Covenant of Good Faith and Fair Dealing 3. Retaliation In Violation of Labor Code §§ 98.6 & 1102.5 On July 26, 2022, Defendant filed an MSJ. The hearing was on 6/20/23, after which the court took the MSJ under submiss...

Excerpt: ...une 24, 2021, the court denied the petition without prejudice. On October 20, 2021, the court denied the amended petition without prejudice. On August 31, 2021, Petitioner filed the instant third petition to confirm the arbitration award. On October 31, 2023, Pratella filed a Response to the third petition. On May 3, 2023, the court issued the followed minute regarding the status conference: “Supplemental briefs are allowed but not required. Br...

Excerpt: ..., “Defendants”): On March 23, 2021, Plaintiff received a final judgment in case no. 19PSCV01164 entitled OR CONSTRUCTION, INC. vs EMAN TANAGHO . [1] However, to prevent Plaintiff's from collecting their claim, Eman transferred certain real property to her children, Jamil and Michael. [2] On February 9, 2023, Plaintiff filed suit asserting the following causes of action (COAs): 1. Set Aside Fraudulent Transfer 2. Conspiracy On October 19, 2023...

Excerpt: ...eclarations (that they provided receipts but now claim they paid in cash), raise serious concerns about the credibility of their claims. As for general damages, Plaintiffs are afforded one more attempt. Background This case arises from an alleged medical scam. Plaintiffs Yiming Chen, Helen Liu, Yan Yan, Peiyu Chen, Dingzhi Chen, Phoebe Noor (collectively, “Plaintiffs”) allege as follows: Between 2017 and the present, Defendant Hourong Zhang (...

Excerpt: ...a Melo for (1) general negligence and (2) premises liability. On August 29, 2023, default was entered against Lucia Melo and Maria Rosario Castro. On September 13, 2023, Plaintiffs filed a POS as to Estate of Manuel Castro, sued herein as DOE 1. [1] On September 14, 2023, Plaintiffs filed a notice of lis pendens. On October 19, 2023, the court issued the following minute order during the CMC hearing: “The Court informs the Defendant, Maria Rosa...

Excerpt: ...e 1 School: In approximately 1977, when he was approximately ten (10) years of age, Plaintiff was sexually abused and assaulted on a regular basis for approximately one year by a teacher on premises of the school. The acts of sexual abuse included but “fondling Plaintiff's genitals, forcing Plaintiff to masturbate [the teacher], and forced oral copulation.” (First Amended Complaint ( FAC) p. 5.) Plaintiff reported the sexual abuse to the ...

Excerpt: ...a Melo for (1) general negligence and (2) premises liability. On August 29, 2023, default was entered against Lucia Melo and Maria Rosario Castro. On September 13, 2023, Plaintiffs filed a POS as to Estate of Manuel Castro, sued herein as DOE 1. [1] On September 14, 2023, Plaintiffs filed a notice of lis pendens. On October 19, 2023, the court issued the following minute order during the CMC hearing: “The Court informs the Defendant, Maria Rosa...

Excerpt: ...23, Defendant Ralphs Grocery Company (erroneously sued as “Ralphs Grocery Company, a Corporation”) filed its answer. On July 28, 2023, Yen filed his answer. On March 22, 2024, Ralphs filed the instant motion. On April 4, 2024, Plaintiff filed her opposition. On April 11, 2024, Ralphs filed its reply. Legal Standard Generally, a party must file a cross -complaint against any of the parties who filed the complaint or cross - complaint against h...

Excerpt: ...iff filed suit against the City for (1) Premises Liability and (2) General Negligence. On December 29, 2022, the City filed a Demurrer, which the court sustained with 20 days leave to amend on 2/14/23 (as the complaint provided no bases of statutory liability as required by Government Code § 815). On June 15, 2023, the City filed the instant two discovery motions (and two more with scheduled hearings for 8/15/23). On July 7, 2023, the court in t...

Excerpt: ...ge for dismissing a lawsuit, Defendant agreed to pay a total of $124,392.08 in monthly installments, subject to late fees. Aside from some payments, there remains an unpaid principal of $107,930.30. On April 18, 2023, the complaint was filed. [2] On June 2, 2023, default was entered against Defendant. On July 20, 2023, default judgment was entered against Defendant in the total amount of $113,623.29 ($94,955.81 in damages; $11,751.96 in prejudgme...

Excerpt: ... filed their First Amended Complaint (“FAC”) [1] against Defendants SM.Kan Inc. dba 101 Sushi Roll and Grill (“Sushi 101”) and individual Defendant Sungmin Jeon (“Jeon”) [2] asserting the following causes of action: (1) Failure To Pay Overtime Wages In Violation Of Labor Code § 204, 510 (2) Failure To Pay Minimum Wages In Violation Of Labor Code § 1194, 1194.2, 1197.1 (3) Failure To Provide Meal Periods In Violation Of Labor Code §...

Excerpt: ...ich was vested in the name of Plaintiff's n ow deceased spouse, Ms. Gamez. As a result of a 50% spousal property petition and purchasing the remaining 50% from Ms. Gamez's estate, Plaintiff holds 100% interest in the subject property. Defendant Zendejas was a close friend of Plaintiff whom Plaintiff relied on to assist with numerous tasks. Eventually, Zendejas and his family moved into the property and relocated Plaintiff. In April 2023, Plaintif...

Excerpt: ... Coastal Pacific Food Distr ibutors, Inc. and at the time driven by its employe David Alcantar) that struck Zavala. On April 25, 2023, after multiple negotiations, Zavala's attorney, Eric S. Chun (and the Avrek Law Firm), called Travelers and said that Zavala accepted Travelers' $415,000 offer. (Complaint p. 4.) Later, however, Chun stated he essentially made a mistake and would need to “undo” the settlement. [1] Travelers denied the request,...

Excerpt: ...RUCTION CORP. (“Burner Construction”), BENJAMIN THOMAS CALHOUN (“Calhoun”), an individual, JON WILLIAM HOSEA, an individual, and DOES 1 THROUGH 50, Inclusive, (collectively, “Defendants” and/or “Defendant”): Defendants were recklessly driving and caused a collision with Plaintiffs' vehicle. Defendants were “h igh-beaming” and overtaking one another when they lost control of their vehicles and caused the crash. On July 7, 2021,...

Excerpt: ...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 The Implied Warranty Of Merchantability (Civ. Code, § 1791.1; § 1794; § 1795.5) 5. Negligent Repair 6. Fraudulent Inducement - Concealment On February 23, 2024, Defendants filed the instant demurrer. On April 2, 2024, Plaintiff filed his opposition. On April 8, 2024, Defendants file...

Excerpt: ...N (“MEHSERDJIAN”) (collectively, “Plaintiffs”) allege the following against Defendant SIM ON DAVID MCPHERSON (“MCPHERSON” or “Defendant”): On October 28, 2019, Heritage was formed with McPherson as the President, Mehserdjian as the Chief Financial Officer, and Harden as the Secretary. (Complaint ¶¶8, 11.) Each share an equal, one-third ownershi p share, comprising of 33.3% each. (¶12.) Around May 2023, McPherson allegedly start...

Excerpt: ...Defendant”); ALL PERSONS UNKNOWN, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in this Complaint Adverse to Plaintiff's title, or any Cloud upon Plaintiff's Title Thereto; and DOES 1 through 20, inclusive for: 1. Breach of Fiduciary 2. Conversion 3. Fraud 4. Quiet Title 5. Common County —Money Lent On July 12, 2022, Plaintiff filed a Notice of Lis Pendens. On August 24, 2022, Defendant file...

Excerpt: ...efendant to attach copies of the meet and co nfer emails between the parties. Background This is a negligence case. Plaintiff Angela Tapias (“Plaintiff”), by and through her Guardian ad Litem Hortencia Tapias, and Hortencia Tapias (“Plaintiff's Mother”) (collectively, “Plaintiffs”) allege the following against Defendants CARE AMBULANCE SERVICE, INC (the “Ambulance”).; FALCK USA; [1] LOS ANGELES COUNTY FIRE DEPARTMENT (the “Fire ...

Excerpt: ...s entitled to royalties. On July 11, 2023, Plaintiff filed a first amended complaint (FAC). On August 17, 2023, Plaintiff filed a second amended complaint (SAC) asserting the following causes of action (COA): 1. Breach of Contract 2. Fraud & Deceit 3. Negligent Misrepresentation 4. Negligence On September 18, 2023, Fulton Books filed its answer. On November 17, 2023, Amazon was dismissed without prejudice (per stipulation). On January 17, 2024, t...

Excerpt: ... of litigation. [1] The court would have modified the subpoena because some requests appear duplicative (e.g., items 1 and 2 seeking handbook for job duties addressed by item 4; item #1 is duplicative of item #5) or irrelevant (e.g., item 1 files maintained by loss preventio n), but as Plaintiff has not sought a modification, the court will not do so. There is no need for an in-camera review as the parties have a stipulated protective order in pl...

Excerpt: ...RCH (“Gilroy Foursquare”), a California unincorporated association; and THE FOOTHILLS CHURCH OF GILROY (“Successor”), a California nonprofit corporation, as Successor in Interest (collectively, “Plain tiffs”) allege the following against Defendant CHRISTIAN COMMUNITY CREDIT UNION: In October 2022, Gilroy Foursquare disaffiliated from International Church of the Foursquare Gospel (“ICFG”). Thereafter, ICFG advised Gilroy Foursquare...

Excerpt: ...fendants MICHELLE KIM (“Kim”); JOSEPH DINGLASAN, M.D MEEIN MEDICAL CORPORATION dba EBEN EZER MEDICAL CLINIC (“Clinic”) and Doe Defendants [1] : In July 2018, Kim performed a laser treatment on Plaintiff's face that caused permanent scarring and disfigurement. Plaintiff later learned that, despite representations, Kim was unlicensed and unqualified to perform the treatment. On March 2, 2020, Plaintiff filed suit alleging the following COAs...

Excerpt: ...Against Diamond Bar Village Association On Avalon's Cross -Complaint is TBD. Background [1] This case pertains to the evacuation of over 150 residents at the condominium units located at Diamond Bar Village (“DBV”). Plaintiffs, the owners of condominium units, allege the following against Defendants THE AVALON MANAGEMENT GROUP, INC. (“Avalon”), a California corporation; DIAMOND BAR VILLAGE ASSOCIATION (“HOA” or “DBV”), a Californi...

Excerpt: ...or Leave To Add Alter Egos, Andrew Faour, An Individual, Zain Diab, An Individual, And Liquorama, A California Corporation is DENIED . Background These are employment/FEHA cases. Re Mora: Mora was hired as a server in February 2022. Mora experienced endured abusive language from fellow employees and supervisors, screamed at Plaintiff front of customers, and was not permitted to take an adequate number of meal and rest periods. Re Kathryn: Kathryn...

Excerpt: ...t Defendants. On February 21, 2023, the court denied Plaintiff's application for default judgment. On April 6, 2023, the court granted default judgment in the total amount of $9,613,252.20. On October 30, 2023, Defendants filed a motion to set aside default and default judgment and writs of execution, which the court granted on 12/14/23. On January 29, 2024, Defendants filed the instant motion. On February 13, 2024, a Writ - Return was filed. Leg...

Excerpt: ...f Judgment. On January 24, 2024, an Abstract of Judgment was filed. That same day, the instant motion was filed. Legal Standard Plaintiff brings forth the motion pursuant to CCP section 187. (Motion p. 4.) When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course o...

Excerpt: ...IO HERNANDEZ, M.D., BRENDA HAYAKAW A, M.D., MARVIN URBINA, M.D., EMANATE HEALTH / QUEEN OF THE VALLEY HOSPITAL: [1] Plaintiff presented to the emergency room at Emanate on four separate occasions complaining about abdominal / epigastric pain, pressure, and discomfort. It was not until the fifth visit on May 6, 2020 where Plaintiff was diagnosed with acute cholecystitis and gallstone, gangrenous gallbladder with perforation, abscess, sepsis, and r...

Excerpt: ...Toloza, his Guardian Ad Litem alleges the following against Defendants EMANATE HEALTH QUEEN OF THE VALLEY HOSPITAL (the “Hospital”); EMANATE HEALTH MEDICAL CENTER: On January 4, 2022, Plaintiff, who is morbidly obe se and incontinent of bowel and bladder and required a minimum of two persons to turn him (FAC ¶15), presented to the Hospital for admission to �ix his preexisting ventriculoperitoneal shunt. There were complications with the pr...

Excerpt: ...N (“MEHSERDJIAN”) (collectively, “Plaintiffs”) allege the following against Defendant SIM ON DAVID MCPHERSON (“MCPHERSON” or “Defendant”): On October 28, 2019, Heritage was formed with McPherson as the President, Mehserdjian as the Chief Financial Officer, and Harden as the Secretary. (Complaint ¶¶8, 11.) Each share an equal, one-third ownershi p share, comprising of 33.3% each. (¶12.) Around May 2023, McPherson allegedly start...

Excerpt: ...t). Background This is a negligence case. Plaintiffs MELISSA MOORS (wife) and KAYLEAH MOORS (daughter) (collectively, “Plaintiffs”) bring forth the instant action for the death of Julian Moore (“decedent”) who was struck when the wheel of Defendant ALBERT BENJAMIN ESQUED A's vehicle detached and struck decedent's motorcycle. On May 10, 2021, Plaintiffs filed suit. On June 8, 2022, EMS filed their Answer to Plaintiffs' Complaint. On Se...

Excerpt: ... The claims against the moving Defendants are dismissed with prejudice. Background This case arises from a car accident that happened in Virginia wherein the subject tire separated from the vehicle, causing decedent (Maryland resident) to lose control of his vehicle and crash into a guardrail. [1] On August 9, 2023, Plaintiffs BENJAMIN ANDREWS, an individual, as personal representative of the ESTATE OF CRAIG RICARDO ARTHURS, deceased, and on beha...

Excerpt: ...or, by and through her Guardian ad Litem, Evangelina Hernandez; E.C. (“EC”), a minor, by and through his Guardian ad Litem, Evangelina Hernandez; R.C. (“RC”), a minor, by and through his Guardian ad Litem, Evangelina Hernandez [2] allege the following against Defendants COUNTY OF LOS ANGELES (“County”) and HATHAWAY -SYCAMORES CHILD AND FAMILY SERVICES (“Hathaway -Sycamores” or “Hathaway”) [3] : On July 6, 2019, Noah was murder...

Excerpt: ...s). Background This is a habitability case. On December 28, 2023, Plaintiff Aurora Mora filed suit against Defendants AAENESON PROPERTIES dba WALNUT PARK APARTMENTS, P.F.C. ENTERPRISES, INC. dba ALLEN PROPERTIES asserting the following causes of action (COAs): 1. BREACH OF WARRANTY OF HABABILITY (CONTRACT) 2. BREACH OF WARRANTY OF HABABILITY (STATUTE) 3. BREACH OF CONTRACT 4. NUISANCE On February 8, 2024, the instant demurrer and motion to strike...

Excerpt: ...(“Plaintiff”) alleges the following against Defendants Kindred Hospital -Baldwin Park (“Defendant Kindred”) and Keck Hospital of USC (“Keck” or “USC”) (collectively, “Defendants”): Plaintiff is mentally incapacitated due to encephalopathy, unconsciousness, the effects of numerous medications, and other conditions. Plaintiff was a resident of Defendant Kindred from on or about April 7, 2020 through on or about September 25, 202...

Excerpt: ...ut not limited to a defective engine, defective electrical system, and defective connectivity system. On August 30, 2022, Plaintiff filed suit against Defendant for Violations Of Statutory Obligations (Song- Beverly Consumer Warranty Act Ca Civil Code §§ 1790-1795.8). [1] On September 30, 2022, Defendant filed its answer. On January 16, 2024, Plaintiff filed the instant motion. On February 13, 2024, Defendant filed its opposition. On February 2...

Excerpt: ...iled suit against Defendant General Motors LLC (Defendant or GM) for the following causes of action (COA): 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 Beverly Act Section 1793.2 4. Fraud – Fraudulent Inducement – Concealment On May 1, 2023, Defendant filed a demurrer (as to 4 th COA) with a motion to strike (MTS). On July 31, 2023, Plain...

Excerpt: ...CODE § 51 et seq (“UCRA”). On March 28, 2023, default was entered against Defendant. On September 19, 2023, Plaintiff filed the instant application. Discussion The application is denied with prejudice for two reasons. 1. First Defect First, the complaint fails to adhere to California Code of Civil Procedure (CCP) section 425.10 subdivision (a), subsection (1), which provides that a complaint “shall contain . . . [a] statement of the facts ...

Excerpt: ...s business expenses, and $300,000 was loaned to buy a house in Irvine. The loans made are as follows: - From May 30, 2018 to November 3, 2018, Plaintiff wired Defendant KB Depot $174,000. - On February 28, 2019, Plaintiff wired $130,000 to Defendant Zhuang's personal account - From March 14, 2019 to December 9, 2019, Plaintiff wired $398,000 to KB Depot 2 Inc, which is controlled by Defendant Hong; - From April 9, 2019 to November 19, 2019, P...

Excerpt: ...aintiffs” and/or “Plaintiff”) allege the following against Defendants BURNER CONSTRUCTION CORP. (“Burner Construction”), BENJAMIN THOMAS CALHOUN (“Calhoun”), an individual, JON WILLIAM HOSEA, an individual, and DOES 1 THROUGH 50, Inclusive, (collectively, “Defendants” and/or “Defendant”): Defendants were recklessly driving and caused a collision with Plaintiffs' vehicle. Defendants were “h igh-beaming” and overtaking one...

Excerpt: ...s” or Palomares Escrow”) and PRIMARY PARTNERS FINANCIAL (“PPF”): Plaintiff and PPF entered into a Residential Mortgage Loan Agreement (“Agreement”) for PPF to originate, process, and underwrite residential mortgages for PFCU's members. On August 30, 2022, PPF represented to Plaintiff that Palomares would act as the escrow holder for two of Plaintiff's members. Ultimately, through a series of events, f alse instructions were sent to PP...

Excerpt: ...s the following against Defendants: On 2/25/2020, Defendants borrowed $2 million from Plaintiff for real estate business capital needs with a maturity date of 2/21/2021 (“Note”). The Note included interest and late charges. The parties entered into five modifications, whereby, among other things, the maturity date of the loan was extended, and the loan amount was changed. Defendants have defaulted on the Note, resulting in damages of $3 milli...

Excerpt: ...ound This is an elder abuse case. Plaintiff EVANGELINE MUNOZ (“decedent” or “Ms. Munoz”), in and through her Successor -In- Interest, Jenny Macias, and JENNY MACIAS allege the following against Defendants CASA COLINA HOSPITAL; CASA COLINA HOSPITAL & CENTERS FOR H EALTHCARE dba CASA COLINA HOSPITAL; CASA COLINA, INC (hereinafter, “Casa Colina”).; JALAL BADDAY, M.D (“Dr. Badday”).; HUSSEIN ABIDALI, D.O (“Dr. Abidali”): Ms. Munoz...

Excerpt: ...ge Association On Avalon's Cross-Complaint is DENIED without prejudice, notably as Avalon fails to address the indemnification provision in the Addendum. Background [1] This case pertains to the evacuation of over 150 residents at the condominium units located at Diamond Bar Village (“DBV”). Plaintiffs, the owners of condominium units, allege the following against Defendants THE AVALON MANAGEMENT GROUP, INC. (“Avalon”), a California corpo...

Excerpt: ...intiff JERRY ANDERSON filed suit against Defendants SPENCER DUBAICH (driver) and ROGER D. DUBAICH (owner of the vehicle) for (1) Motor Vehicle Negligence and (2) Negligence Per Se [Vehicle Code, §21658(a)]. On August 28, 2023, Defendants filed their answer. On November 2, 2023, Plaintiff filed the instant motion to quash. [2] On January 25, 2024, Defendants filed their opposition. Waiting for reply. Legal Standard The motion is brought pursuant ...

Excerpt: ...RTER OAK LOS ANGELES, LLC; NAGESWARA R. GUNTUPALLI, MD; WILLIAM M. GILLESPIE, MD, SIGNATURE HEALTHCARE SERVICES, LLC, SIGNATURE HEALTHCARE MANAGEMENT Inc; AURORA AURORA HEALTH CARE, Inc.: On or about August 7, 2018, when Plaintiff was trying to speak to his mother on the phone at the hospital, three hospital workers attacked him. (TAC p. 7, 8:9-10.) [2] They beat him all over his body, slammed his head onto the floor and strangled him. As a resul...

Excerpt: ...i”): In 2016, a deed transferred the subject property to Plaintiff and Defendants wherein each owned a 33% interest in the subject property as joint tenants. In 2020, a deed of trust (DOT) as recorded against the property listing all the parties as borrowers. Plaintiff moved out in 2021, and between 2016 to 2020, Plaintiff paid more than Plaintiff's fractional 33% share of the monthly mortgage expense. Plaintiff seeks partition of the property....

Excerpt: ...TH, an individual; and CINDY CAHILL, an individual: Plaintiff began his employment at Claremont College's Department of Campus Safety as a Campus Safety Officer in 2004. Due to his religious Christian beliefs, around 2018, Plaintiff requested a religious accommodation for his schedule to be arranged so that he could ensure his attendance of church on Sundays. Defendants did not grant the request and instead engaged in a concerted effort to make P...

Excerpt: ...t against Defendant Ven-Ghee Koh, an individual DBA Win Way Academy alleging damages of $37,862.48, with interesting continuing to accure on the past due rent. On May 18, 2023, default was entered against Defendant. On July 18, 2023, default judgment was entered against Defendant in the amount of $48,039.08. On January 5, 2024, Defendant filed the instant motion. On January 10, 2024, Plaintiff filed its opposition. On January 19, 2024, Defendant ...

Excerpt: ...CONRAD AND SCHMIDT, CONSULTING ENGINEERS, INC. (the “Engineers”); UTILIQUEST, LLC (“Utiliquest”): In the performance of excavation work at or near Plaintiff's electric facilities, Defendants were negligent and caused damage to Plaintiff's electric facilities. On January 31, 2023, SCE filed its complaint asserting the following causes of action (COAs): 1. Cost of Repair Pursuant to California Public Utilities Code §7952 2. Negligence 3. T...

Excerpt: ... herself as a “doctor” who was capable of treating many different types of medical problems. These advertisements were aimed at the Chinese-American communities within Southern California and focused on the use of Chinese herbal treatment techniques along with various modern medical machines. (Complaint ¶3.) The above advertisements were to promote Shangqing Medical Center, which was owned and controlled by Defendant Zhang. When individuals ...

Excerpt: ...ng. Should Plaintiff choose not to file a FAC before the continued hearing date, Plaintiff may not file an opposition as the time to file an opposition has passed. Background This case relates to elder abuse. Plaintiff GUADALUPE CERVANTES, an individual, and on behalf of the Marital Estate of DOMINGO CERVANTES [1] AND GUADALUPE CERVANTES alleges the following against her two daughters, Defendants MARIA DEL CONSUELO CERVANTES, an individual, MARIA...

Excerpt: ...ia Code of Civil Procedure section 585 (“CCP”) permits entry of a judgment after a Defendant has failed to timely answer after being properly served. A party seeking judgment on the default by the Court must file a Request for Court Judgment, and: (1) a brief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursemen...

Excerpt: ...Property”), 1621 Derringer Lane, Diamond Bar, CA (the “Derringer Lane Property”), and 14211 Skyline Drive, Hacienda Heights, CA (the “Skyline Property”). Plaintiff Wendy Lin (“Lin” or “Plaintiff”) alleges the following against Defendant Bo Sun and ALL PERSONS UNKNOWN, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in this Complaint Adverse to Plaintiff's title, or any Cloud upon...

Excerpt: ...nd Monetary Sanctions Against Defendant, Rka Consulting Group, And Its Attorney's, Randall F. Koenig And Wilfred A. Llaurado, Pursuant To Ccp Sec. 128.7 In The Sum Of $5,100 is DENIED, notably as the court did not issue a final ruling on the GFS motion to state the reason why it reversed its tentative ruling. Background [2] This case pertains to the evacuation of over 150 residents at the condominium units located at Diamond Bar Village (“DBV�...

Excerpt: ...part (as to the allegations re: 8 th COA) and DENIED in part (as to allegations in 2 nd COA). Background [1] This case arises from the death of NOAH CUATRO (“Noah”). Plaintiffs EVANGELINA HERNANDEZ (“Eva”), individually and as Successor in Interest to the Estate of NOAH CUATRO; A.C. (“AC”), a minor, by and through her Guardian ad Litem, Evangelina Hernandez; E.C. (“EC”), a minor, by and through his Guardian ad Litem, Evangelina He...

Excerpt: ...pplicable as a matter of law. Background This case arises from a purported fraud. Plaintiff PASADENA FEDERAL CREDIT UNION, a federally chartered credit union (“Plaintiff” or “PFCU”), alleges the following against PALOMARES ESCROW, INC. (“Palomares” or Palomares Escrow”) and PRIMARY PARTNERS FINANCIAL (“PPF”): Plaintiff has had a contract with PPF to originate, process, and underwrite residential mortgages for PFCU's members. On ...

Excerpt: ...g and disfigurement. Plaintiff later learned that, despite representations, Kim was unlicensed and unqualified to perform the treatment. On March 2, 2020, Plaintiff filed suit alleging the following COAs: 1. Negligence 2. Negligent Misrepresentation 3. Fraud-Concealment 4. Fraud-Intentional Misrepresentation 5. Negligent Hiring, Training and Supervision 6. Respondent Superior 7. Negligent Infliction of Emotional Distress 8. Punitive Damages On Ju...

Excerpt: ... SECURITY SERVICES, INC. (“Weiser”), a corporation; SECURITY GUARD, an individual; LUIS ALBERTO BANUELOS (“Banuelos”), an individual; MARIA ELENA GONZALES (“Gonzales”), [1] an individual: On December 1, 2022, a Vons security guard led a car chase pursuit after Banuelos after Banuelos allegedly stole alcohol from Vons. In the pursuit, Banuelos drove through a red light, violently smashing into the driver side of Brian Jimenez, who late...

Excerpt: ...November 14, 2023, Plaintiff filed its first amended complaint asserting the following COAs: 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-Beverly Act Section 1793.2 4. Fraud – Fraudulent Inducement – Concealment (CLRA) On December 14, 2023, Defendant filed the instant demurrer x MTS. On December 21, 2023, Plaintiff filed an opposition. On J...

Excerpt: ...a Vine alleges the following against Defendant John Todd: Plaintiff's mother (“Decedent”) made funeral and interment arrangements with Todd Memorial. Plaintiff alleges that on May 10, 2018, Defendant breached the funeral agreement by failing to give Decedent to a Catholic mass rosary combo. On August 22, 2022, Plaintiff filed the instant action asserting the following causes of action (COAs): 1. Breach of Fiduciary Duty 2. Breach of Contract ...

Excerpt: ...November 14, 2023, Plaintiff filed its first amended complaint asserting the following COAs: 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-Beverly Act Section 1793.2 4. Fraud – Fraudulent Inducement – Concealment (CLRA) On December 14, 2023, Defendant filed the instant demurrer x MTS. On December 21, 2023, Plaintiff filed an opposition. On J...

Excerpt: ...a Vine alleges the following against Defendant John Todd: Plaintiff's mother (“Decedent”) made funeral and interment arrangements with Todd Memorial. Plaintiff alleges that on May 10, 2018, Defendant breached the funeral agreement by failing to give Decedent to a Catholic mass rosary combo. On August 22, 2022, Plaintiff filed the instant action asserting the following causes of action (COAs): 1. Breach of Fiduciary Duty 2. Breach of Contract ...

Excerpt: ...ttella (“Prattella”) and Built on Solid Rock Construction (“BOSR”). On June 24, 2021, the court denied the petition without prejudice. On October 20, 2021, the court denied the amended petition without prejudice. On August 31, 2021, Petitioner filed the instant third petition to confirm the arbitration award. On October 31, 2023, Pratella filed a Response to the third petition. On May 3, 2023, the court issued the followed minute regardin...

Excerpt: ...neighbor's vehicle, another of Plaintiffs' insureds. Plaintiffs believe that the explosion, fire and damage originated from the subject mirror and its parts which were manufactured, designed, distributed, inspected, supplied, sold, installed and/or purchased by Defendants, THE UTTERMOST CO. dba THE UTTERMOST CO. – WCDC (“Uttermost”); THE TJX COMPANIES, INC. dba HOMEGOODS (“HomeGoods” or “Defendant”), SHERYL BELL (“Bell”); and DO...

Excerpt: ...t GEORGE OLIVER CARTER for General Negligence. On April 25, 2023, Defendant filed his answer, and that same day filed a demand for jury trial. On September 1, 2023, the court issued in, relevant part, the following minute order: “Order to Show Cause Re: Why the Court Should not Strike Defendant's Answer is scheduled for 02/06/2024 at 09:00 AM in Department O at Pomona Courthouse South. A Declaration in response to the Order to Show Cause is to ...

Excerpt: ...rive, Hacienda Heights, CA (the “Skyline Drive Property”). On June 14, 2022, Plaintiff Wendy Lin (“Lin” or “Plaintiff”) filed the complaint against BO SUN, an individual (“Sun” or “Defendant”); ALL PERSONS UNKNOWN, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in this Complaint Adverse to Plaintiff's title, or any Cloud upon Plaintiff's Title Thereto; and DOES 1 through 20, i...

Excerpt: ...and (2) motor vehicle based upon the allegation that Defendant entered Plaintiff's lane causing the vehicles to collide head on. [1] On May 17, 2023, Defendant filed its answer. On July 19, 2023, Plaintiff named Hankey Investment Company LP (“Hankey Company”) as Doe 1. [2] On August 10, 2023, Hankey Company filed its answer. On November 16, 2023, Defendant Gurrola filed the instant motion. On December 18, 2023, Plaintiff filed her opposition....

Excerpt: ...$1,050. [1] Background [2] This case arises from an unpaid debt. On April 15, 2008, Plaintiff INVESTMENT RETRIEVERS, INC. filed suit against Defendant Scott Lee INDIVIDUALLY AND DBA USA SCOTT LEE. On July 11, 2008, Plaintiff filed its request or entry of default and court judgment. On September 11, 2008, the court entered judgment against Defendant in the sum of $42,751.95 and $1,672.55 in attorney fees, and $11,316.20 in interest, $375.00 in cos...

Excerpt: ...Defendant SIMON DAVID MCPHERSON ("MCPHERSON" or "Defendant"): On October 28, 2019, Heritage was formed with McPherson as the President, Mehserdjian as the Chief Financial Officer, and Harden as the Secretary. (Complaint 1198, 11.) Each share an equal, one-third ownership share, comprising of 33.3% each. (912.) Around May 2023, McPherson allegedly started scheming to form a partnership using Heritage's license. ("20, 21.) Certain acts included tak...

Excerpt: ...ebruary 24, 2021, Plaintiffs filed their third amended complaint (TAC) for: 2. 3. 4. 5. Strict Products Liability —Negligence Strict products liability —failure to warn Strict products liability Surviva [21 Declaratory relief on September 28, 2023, Defendant C.H. ROBINSON WORLDWIDE, INC. ("CHRW") filed the instant motion. (The COAS asserted against CHRW are (1) negligence and (2) survival action. As to CHRW, it brokered the subject load of fr...

Excerpt: ...Defendant TROY-CSL Lighting, Inc. (“Defendant” or “Troy”): Plaintiff was hired by Defendant in 2012. Plaintiff was terminated for violating Defendant's sexual harassment policy, which was an excuse to terminate Plaintiff for making various complaints to Human Resources (HR) about workplace harassment. On March 25, 2021, Plaintiff filed suit for: 1. Wrongful Termination in Violation of Public Policy 2. Breach Of Contract and Covenant of Go...

Excerpt: ...y and through Vanessa Toloza, his Guardian Ad Litem alleges the following against Defendants EMANATE HEALTH QUEEN OF THE VALLEY HOSPITAL (the “Hospital”); EMANATE HEALTH MEDICAL CENTER: On January 4, 2022, Plaintiff presented to the Hospital for admission to fix his preexisting ventriculoperitoneal shunt. There were complications with the procedure, requiring Plaintiff's one month stay at the Hospital. (Complaint ¶¶12, 13.) By the time of P...

Excerpt: ...g on the issue will be denied). [1] Background This lawsuit arises out of a July 9, 2017 fatal motor vehicle collision. [2] On March 27, 2019, Plaintiffs, Jaime Valenzuela, individually, and as successor in interest to Irving Valenzuela, deceased, and Tammy Martinez, individually, and as successor in interest to Irving Valenzuela, deceased filed suit. On February 24, 2021, Plaintiffs filed their third amended complaint (TAC) alleging, in pertinen...

Excerpt: ...ice executed a search warrant and seized marijuana. On that basis, Plaintiff alleges that Defendants engaged in illegal commercial marijuana activities at the property. [1] On June 9, 2020, Plaintiff filed a complaint for the ABATEMENT, INJUNCTION, EQUITABLE RELIEF, AND CIVIL PENALTIES. On December 31, 2020, Plaintiff filed an amendment to complaint naming Shi Chang Chen as Doe 1. On May 12, 2021, Li Defendants filed a cross-complaint against Che...

Excerpt: ...er business relationship to operate a rental car business. Plaintiff provided the initial funding to purchase the vehicles. On or about December 1, 2022, Defendants stopped all profit distributions. (P19.) Despite demands that Defendants return “Plaintiff's vehicle” (P20) and provide immediate accounting, Defendants refuse to do so. On August 22, 2023, Plaintiff filed suit for the following causes of action (COAs): 1. Breach of Contract 2. Co...

Excerpt: ...y (“State Farm” or “Plaintiffs”) allege the following: a heavy mirror in one of Plaintiffs' insured home fell, hitting a gas pipe that then caused an explosion. The explosion also affected the neighbor's vehicle, another of Plaintiffs' insureds. Plaintiffs believe that the explosion, fire and damage originated from the subject mirror and its parts which were manufactured, designed, distributed, inspected, supplied, sold, installed and/or ...

Excerpt: ...injury case. Plaintiff JORGE LOYOLA, an individual, by and through his guardian ad litem, SOLEDAD LOPEZ alleges the following against Defendants POSITIVE BEHAVIOR STEPS CORPORATION(“PBS”); SAN GABRIEL POMONA REGIONAL CENTER (“Pomona Regional”); MICHAEL PENGSON PEDROSA (“Pedrosa”): Plaintiff, who is developmentally disabled, non-verbal, and autistic (FAC ¶3), is a client of Defendants PBS and Pomona Regional. (¶34.) Pedrosa was assig...

Excerpt: ...as to 1 st and 5 th COAs). Leave to amend is DENIED as Plaintiff has had ample opportunity to amend the complaint(s). Background This case pertains to a foreclosure. Plaintiff Jerome Kern alleges that Defendants “repeatedly mishandled Plaintiff's mortgage. For approximately two and a half years, Defendant Ocwen attempted to collect thousands of dollars in unlawful fees that supposedly accrued when Plaintiff did not even own or occupy the proper...

Excerpt: ...ion for renovations on her home. Despite paying 70% of the total contract price, Elhanani and Vision tore up Plaintiff's home and have since abandoned the project. The bonding company, American Contractors, has refused to either complete the job or compensate Plaintiff. On May 1, 2023, Plaintiff filed suit for: 1. Unlawful business practices (as to Elhanani and Vision) 2. Common counts (as to Elhanani and Vision) 3. Breach of contract, (against a...

Excerpt: ...ODE § 51 et seq (“UCRA”). On April 19, 2023, default was entered against Defendant. On October 26, 2023, Plaintiff filed the instant application. Discussion The application is denied with prejudice for two reasons. 1. First Defect First, the complaint fails to adhere to California Code of Civil Procedure (CCP) section 425.10 subdivision (a), subsection (1), which provides that a complaint “shall contain . . . [a] statement of the facts con...

Excerpt: ... to Bus. & Prof. Code, § 17200 et seq. On January 4, 2023, a notice of related case was filed. [1] On March 28, 2023, Defendant filed the instant motion. On September 18, 2023, the parties filed a stipulation to continue the hearing. On September 27, 2023, Plaintiff filed an opposition. On September 28, 2023, Defendant filed its Reply. On October 5, 2023, the court issued the following minute order (in 22STCV28338): Plaintiff Counsel's oral moti...

Excerpt: ... to Bus. & Prof. Code, § 17200 et seq. On January 4, 2023, a notice of related case was filed. [1] On March 28, 2023, Defendant filed the instant motion. On September 18, 2023, the parties filed a stipulation to continue the hearing. On September 27, 2023, Plaintiff filed an opposition. On September 28, 2023, Defendant filed its Reply. On October 5, 2023, the court issued the following minute order (in 22STCV28338): Plaintiff Counsel's oral moti...

Excerpt: .... Discussion Overview of UCRA California's UCRA provides: ‘All persons within the jurisdiction of this state are free and equal and no matter what their…. disability… are entitled to the full and equal¿accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civ. Code, § 51(b).) A violation of any individual right under the Federal Americans with Disabilities Act (“ADA”)...

Excerpt: ...n of this state are free and equal and no matter what their…. disability… are entitled to the full and equal¿accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civ. Code, § 51(b).) A violation of any individual right under the Federal Americans with Disabilities Act (“ADA”) is also a violation of California's Unruh Act. (Civ. Code §¿51(f).) Under the ADA, “[n]o i...

Excerpt: ...endants JIANG XU, an individual; UBER TECHNOLOGIES INC., a Corporation; ANTONIO PEREZ, an individual for negligence. (Plaintiff was the passenger in an Uber vehicle operated by Defendant Xu when Defendant Xu's and Perez's vehicles collided.) On February 22, 2023, Uber filed its answer. On March 14, 2023, Defendant Perez filed his answer and a cross-complaint against Xu, Romero, and Uber for indemnity (total and implied), declaratory relief, and a...

Excerpt: ...ED COMPLAINT is GRANTED in part and DENIED in part and TBD in part. The court continues the hearing Monday, January 8, 2023 at 10 AM. Plaintiffs are to provide their supplemental brief by Thursday, November 30, 2023 and the County is to provide its supplemental brief by Friday, December 15, 2023. Background This case arises from the death of NOAH CUATRO (“Noah”). Plaintiffs EVANGELINA HERNANDEZ (“Eva”), individually and as Successor in In...

Excerpt: ...for necessary business expenditures On June 1, 2021, Plaintiff RICARDO REAL filed suit against Defendant EL SUSHI LOCO, INC. On October 12, 2023, the minute order indicates that there were no appearances by any party at the Status Conference Re: Settlement. On October 20, 2023, the instant motion was filed. (Proposed order is provided.) Legal Standard Labor Code section 2699, subdivision (l)(2) states: “The superior court shall review and appro...

Excerpt: ...ON, INC. (“CU”) and LARRY ORTEGA [1] : The Commission initiated an investigation to determine whether Defendant CU implemented the California's One Million New Internet Users Coalition program in accordance with the terms of approval granted by the Commission. In 2021, the Commission issued its decision finding that CU was in violation and ordered that CU return the $162,109 it unlawfully received and held Ortega personally liable (pierced th...

Excerpt: ...udgment Claim of Right of Possession.' On April 18, 2022, the court conducted a non-jury trial. According to the minute order, “Court orders judgment entered for Plaintiff Lee & Lee, LLC, a California Limited Liability Company against Defendant IFC Fulfillment Company, Inc., a California Corporation and Defendant HeavenStone Corporation on the Complaint filed by Lee & Lee, LLC, a California Limited Liability Company on 07/30/2021 for past rent ...

Excerpt: ...FENDANT HUSSEIN ABIDALI, D.O.'S MOTION TO STRIKE PORTIONS OF PLAINTIFFS' FIRST AMENDED COMPLAINT is GRANTED with leave to amend. (5) DEFENDANT HUSSEIN ABIDALI, D.O.'S DEMURRER TO FIRST AMENDED COMPLAINT is SUSTAINED with leave to amend. Background This is an elder abuse case. Plaintiff EVANGELINE MUNOZ (“decedent” or “Ms. Munoz”), in and through her Successor-In-Interest, Jenny Macias, and JENNY MACIAS allege the following against Defenda...

Excerpt: ...f a July 9, 2017 fatal motor vehicle collision. [1] On March 27, 2019, Plaintiffs, Jaime Valenzuela, individually, and as successor in interest to Irving Valenzuela, deceased, and Tammy Martinez, individually, and as successor in interest to Irving Valenzuela, deceased filed suit. On February 24, 2021, Plaintiffs (or Plaintiff) filed their third amended complaint (TAC). On April 4, 2023, Defendants filed the instant motion. On October 23, 2023, P...

Excerpt: ... statute of limitations). Background [1] This is a wrongful death case arising from a January 27, 2020 accident wherein Luis Eduardo Rios struck Edgardo Pano, Sr while he was riding his bicycle. On April 22, 2020, Plaintiff Edgardo Pano, Jr. (“Plaintiff”) filed suit against SERRANO DEVELOPMENT GROUP, INC., a California Corporation; PACIFIC EMPIRE BUILDERS, INC., a California Corporation; AZUSA BLOCK 36, LLC, a California Limited Liability Com...

Excerpt: ...the workplace. Plaintiff KATELYN NGUYEN alleges the following against Defendant THE BOILING CRAB: Plaintiff was a waitress at the Boiling Crab. “During her four (4) years of employment, Defendant's patrons consistently and continuously harassed Plaintiff. Defendant's male patrons made lude, sexual, inappropriate, and offensive remarks to Plaintiff.” (Complaint ¶17.) Plaintiff complained to her manager (Alfred) and her shift lead, but neither...

Excerpt: ...nsumer Warranty Act (SBA). On September 19, 2022, Defendant filed its answer. On May 26, 2023, Plaintiff filed the instant discovery motion. On June 6, 2023, Defendant filed its opposition. On June 12, 2023, Plaintiff filed its Reply. On June 26, 2023, the court held an IDC. On September 29, 2023, Plaintiff filed a Status Report. Discussion Plaintiff seeks further production of documents as to RFPs Nos. 1, 3, 7, 8, 9, 10, 11, 18, 21, 23, 24, 29, ...

Excerpt: ... that re‐pipe project can be completed. These lawsuits target such residents' statements made during board meetings concerning Petitioner's failure to comply with the CC&Rs and granting access.”].) Plaintiff is to comply with California Rules of Court Rule 3.300 [Notice of Related case]. Background This action pertains to the HOA's bylaws. Petitioner/Plaintiff CYNTHIA ESCUTIA-COBIAN in her petition states, inter alia, that two persons elected...

Excerpt: ...), a California corporation; DIAMOND BAR VILLAGE ASSOCIATION (“HOA” or “DBV”), a California nonprofit corporation; LARRY CARMACK, an individual; JAMES HOPKINS, an individual; KHATRI INTERNATIONAL, INC., a Nevada corporation and DIPLIP MULCHAND KHATRI, an individual (collectively, “Khatri Defendants” or “Khatri”); RKA CONSULTING GROUP, a California corporation (“RKA”); CITY OF DIAMOND BAR, a governmental entity (occasionally re...

Excerpt: ...ed). Background This case pertains to a sexual assault. Plaintiff Jennifer Parker (“Plaintiff”) alleges the following against Defendant Doe 1 School District (“Defendant”). In 1984, when she was a junior in high school, Plaintiff served as John Fernandez's (“Perpetrator” or “Fernandez”) teaching assistant. Throughout the year, the Perpetrator made sexually inappropriate comments to Plaintiff. On one occasion, Plaintiff asked anoth...

Excerpt: ...ear Plaintiff's electric facilities, Defendants were negligent and caused damage to Plaintiff's electric facilities. On January 31, 2023, SCE filed its complaint asserting the following causes of action (COAs): 1. Cost of Repair Pursuant to California Public Utilities Code §7952 2. Negligence 3. Trespass to Chattels 4. Violation of Government Code Section 4216, et seq. 5. Breach of Contract 6. Negligence On February 28, 2023, the Engineers filed...

Excerpt: ...DE § 51 et seq (“UCRA”). On March 30, 2022, default was entered against Defendant. On September 30, 2022, Plaintiff filed a notice of settlement. On June 13, 2023, during the OSC re: dismissal (Settlement), the court noted the following: Plaintiff's Counsel informs the Court that Defense Counsel has lost contact with his Client, and thus have not been able to secure settlement funds. On September 26, 2023, Plaintiff filed a PLAINTIFFS' NOTIC...