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Excerpt: ... a California resident was not killed, as the accident did not happen with the borders of California nor on California roads, and the accident did not happen because of a tire purchased or manufactured in California (see Ford, infra), the motions are granted and the request for jurisdictional discovery is denied. Background This case arises from a June 4, 2020 car accident that happened in Virginia wherein the subject tire separated from the vehi...

Excerpt: ...of Objections. Evidentiary Objections : Overruled . Defendant objects to the following portions of Andrew V. Jablon's Declaration: OBJECTION NO. 1: Paragraph 5, page 10, lines 21 -22: “Upon receiving the RFAs and Form Interrogatories (collectively, the ‘Discovery'), it was forwarded to a legal assistant for calendaring, as is the custom and practice of RPB.” Lack of persona l knowledge (Evid. Code § 702(a)) OBJECTION NO. 2: Paragraph 6, pa...

Excerpt: ...nded Complaint is OVERRULED as to the first through fifth causes of action for money had and received, conversion, unjust enrichment, violation of Penal Code §496, and breach of fiduciary dut y and SUSTAINED WITHOUT LEAVE TO AMEND as to the sixth cause of action for professional negligence. Defendant's Request for Judicial Notice of the Civil Cover Sheet and Complaint filed in BSI Group LLC, et al. v. EZ Banc Corp, et al. , Case No. 3:23-CV -012...

Excerpt: ...another student while on campus. [2] On December 28, 2023, Plaintiff Y.O., a minor, and by and through her Guardian Ad Litem, Beatriz P. filed suit against Defendants WALNUT VALLEY UNIFIED SCHOOL DISTRICT (“District”); SUSAN ARZOLA (the “Principal”). On January 30, 2024, Plaintiff filed her first amended complaint (FAC) against the same Defendants for: 1. Negligent Supervision Of Students [Gov. C. §§ 815.2, 815.6, And 820]; 2. Negligent...

Excerpt: ...rnia Design”): Plaintiffs hired Defendant to do re- modeling work in Plaintiffs' home. As part of the remodel, Defendant's employee relocated Plaintiffs' Viking refrigerator to Plaintiffs' garage so that Plaintiffs could continue to use the Viking during the remodel, but in the process, Defendant failed to properly secure the Viking in its place. When Plaintiff Candy went to open the Viking, the entire refrigerator began to fall on ...

Excerpt: ...arises out of allegations of childhood sexual abuse. Plaintiffs SALUD GONZALEZ (“Salud”) and JOANA DIAZ (“Joana”) allege the following against Defendants INTERNATIONAL CHURCHES OF CHRIST, INC. (“ICOC”); THE INTERNATIONAL CHRISTIAN CHURCH, INC. (“ ICC”); CITY OF ANGELS INTERNATIONAL CHRISTIAN CHURCH (“City of Angeles Church”); THOMAS (“KIP”) McKEAN; FERNANDO SANCHEZ (“Sanchez”); SELINA ANN BOQUET (“Selina”); RICARDO...

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: ..., “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: ...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: ...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...