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: ...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: ...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: ...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...

Excerpt: ...ach of Contract 2. Negligence 3. Recovery on Contractor's Bond 4. Disgorgement; and 5. Lien Expungement On June 13, 2023, after court order, Plaintiff served Defendant through the California Secretary of State pursuant to Corporations Code section 1702. On June 28, 2023, Plaintiff dismissed the surety and Martija. On July 5, 2023, Plaintiff filed a ‘EXPLANATORY DECLARATION OF OMAR S. ANORGA' seeking a continuance of the 7/13 CMC due to prepaid ...

Excerpt: ...IS TRANSIT OF AMERICA, INC. (“Keolis”), a California corporation; DARLENE DEE PATINO (the “Driver”): the driver struck Plaintiff while he was walking and had the right-of-way. On July 5, 2023, Plaintiff filed suit alleging the following causes of action: 1. Negligence (against all Defendants) 2. Negligent Hiring/Retention/Supervision Training (against Foothill Transit and Keolis). On August 8, 2023, Keolis and the Driver filed their answe...

Excerpt: ...nal injury case. Plaintiffs LULIN YAN, JIN YAN, XIAOYING GUO and Jason Zhang by and through his Guardian Ad Litem JIN YAN (collectively, “Plaintiffs”) allege the following against Defendants COUNTY OF LOS ANGELES; CITY OF DIAMOND BAR (“City”) and MONTEFINO HOMEOWNERS ASSOCIATION (“HOA”): On July 24, 2018, Plaintiffs were walking on the sidewalk when a tree branch from fell on Plaintiff LULIN YAN. On May 30, 2019, Plaintiffs filed suit...

Excerpt: ...o amend) and DENIED in part (i.e., as to the remainder). Background This case pertains to a decedent's funeral request. Plaintiff Maria 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, ...

Excerpt: ...us platforms portraying 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 Z...

Excerpt: ...ON, a california corporation, SAMMER ANA81, an individual, RAWA ANABI, an individual (collectively, "Defendants"): In February 2018, Plaintiff purchased from Gharpetian Family Properties, Inc. ("Gharpeäan") certain real property, fuel station, and convenience store (in toto "Property"). (Complaint At the tme Plaintiff purchased the Property, Gharpetian and Defendants were parties to two agreements: the Retailer Product Sales Agreement ("RPSA") w...

Excerpt: ...Defendants have failed to repay the $25,000 loan amount and other fees. On December 15, 2022, default was entered against Defendants. On February 8, 2023, Plaintiff filed a ‘STIPULATION AND [PROPOSED) ORDER OF DISMISSAL WITHOUT PREJUDICE WITH REQUEST TO RETAIN JURISDICTIO PURSUANT TO CCP 664.6.' On September 20, 2023, Plaintiff filed the instant ‘MOTION TO VACATE DISMISSAL AND ENTER STIPULATED JUDGMENT, IN ENFORCEMENT OF SETTLEMENT.' Legal St...

Excerpt: ...ring the time of employment, Plaintiff received “only positive reviews.” On October 14, 2020, Plaintiff, without notice, was placed on administrative leave due to alleged misconduct. Plaintiff had no choice but to involuntarily submit his resignation, effective February 9, 2021. On September 3, 2021, Plaintiff filed suit against the City of San Dimas and Does 1 through 10 for: 1. Constructive Discharge, 2. Negligent Infliction of Emotional Di...

Excerpt: ...HACIENDA LA PUENTE UNIFIED SCHOOL DISTRICT (“School District”) and LUIS FRANCO (“Franco”): One day in elementary school, Plaintiff asked for permission to “take a few moments to himself.” (Complaint ¶8.) The classroom assistant agreed, and Plaintiff “walked to the classroom exit to sit near the door.” (¶9.) But the teacher [2] mistakenly though Plaintiff was attempting to leave, so called a second classroom assistant, Mr. Franco...

Excerpt: ...filed its First Amended Complaint (“FAC”) asserting 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 (CLRA) On February 14, 2023, Defendant filed a demurrer (and motion to strike (MTS)) to the FAC, which the court sustained with l...

Excerpt: ...��); IRENE CHEN, an individual; WINNIE CHEN, an individual; CHIH WEI LEE (“Trustee”), individually and trustee of the CHIH WEI LEE RETIREMENT TRUST dated January 01, 2009; and Doe Defendants: Plaintiffs are the judgment creditors in Jinglang San, et al. v. Zhi Ang Chen, LASC Case Number 18PSCV00009 (the Underlying Action) filed October 26, 2018 against defendant Chen to collect an unrepaid loan. Judgment in the Underlying Action was entered o...

Excerpt: ...) filed the instant demurrer. On October 4, 2023, Plaintiff filed its opposition. Discussion Defendants bring forth “[t]his demurrer [] pursuant to Code of Civil Procedure §1170 on the grounds that the three-day notice served on Defendant is defective as it does not contain the information required by Code of Civil Procedure §1161(2), and further that the three-day notice overstates the amount due, thus it is fatally defective and will not su...

Excerpt: ...AND FOR SANCTIONS AGAINST PLAINTIFF BAO LI DA INTERNATIONAL INC.AND ITS ATTORNEYS OF RECORD is DENIED. All motions are denied without prejudice. The court does not impose monetary sanctions upon either party and/or counsel of record. Background This is a contracts case. Plaintiff Bao Li Da International, Inc. alleges the following against Defendant Rich Pacific USA, Inc.: Between October and November 2021, the parties signed agreements for FedEx ...

Excerpt: ...rs Plaintiff filed suit against the Secretary of State of California, the Los Angeles Sheriff's Department, two deputies, and Doe defendants. On June 21, 2023, COUNTY OF LOS ANGELES (erroneously sued as The Los Angeles Sheriff's Department) (“Defendant”) filed its Answer. [1] On June 28, 2023, Plaintiff filed various declarations. On July 17, 2023, Plaintiff filed a Response to Defendant's answer. On July 21, 2023, Plaintiff filed an Offer To...

Excerpt: ...ool District: [1] In 1978, Plaintiff, when Plaintiff 14 years old, he was the victim of sexual abuse by his then- English high school teacher, Fred Contreras (hereinafter, “Perpetrator”), who is now deceased. Plaintiff alleges that Defendants knew or should have known that the Perpetrator engaged in unlawful conduct and that Defendants failed to take prevent such abuse. On November 22, 2022, Plaintiff filed suit. On December 30, 2022, Plainti...

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: ...t 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, Plaintiff filed a FAC for the sam...

Excerpt: ...o the motion to strike damages. On September 25, 2023, Defendant filed a reply. Legal Standard Code of Civil Procedure (CCP) section 435 provides, in pertinent part that the court may, upon a motion made pursuant to Section 435, “(a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or any order...

Excerpt: ...vidual and PINNACLE LIMOUSINES MANUFACTURING, INC (“Defendant” or “Pinnacle”): On April 24, 2017, the parties into express Warranty Agreements for the conversion of a Corvette String into a limo conversion. After a near one year delay from the promised completion date, the Corvette limo conversion had numerous defects. The parties also entered into another agreement on November 6, 2019 for the conversion of a Chevrolet Camaro into a limo ...

Excerpt: ...ETH AND TIFFANY TRUST; KENNETH SHU, AS TRUSTEE TO THE SHU TRUST (collectively, “Defendants”) asserting the following causes of action (COA): 1. Violation of California Civil Code section 1942.4 2. Tortious Breach of the Warranty of Habitability 3. Private Nuisance 4. Business and Professions Code section 17200, et seq. 5. Negligence 6. Breach of Covenant of Quiet Enjoyment 7. Intentional Infliction of Emotional Distress (IIED) 8. Negligence P...

Excerpt: ...ively, “Defendants”) alleging a total delinquent rent of $36,000. [2] On May 24, 2023, a Notice of Unlawful Detainer (Eviction) form was filed as to all Defendants (Maria Pompa, Ana Pompa, and All Occupants). [3] On June 8, 2023, the court granted Plaintiff's Application and Order to Serve Summons by Posting. According to the Declaration of Diligence attached thereto (See pp. 3-4 of 4 of PDF), service was attempted by a California registered ...

Excerpt: ...h. [1] On May 11, 2023, Plaintiff filed suit against Defendants for Breach of Written Agreement, Breach of Continuing Guaranty, Claim and Delivery, and Conversion. On May 26, 2023, Plaintiff filed two applications for writ of possession (one as to each Defendant). (Based upon the ‘Notice of Application[s] for Writ of Possession and Hearing' filed on 5/26/23, the hearing on ZYG's application is scheduled for 9/18/23 and hearing on Lin's applicat...

Excerpt: ...aintiffs, at the time of purchasing the Property (known as 2459 Recinto Avenue in the city of Rowland Heights (“Recinto Property”)), the Parties agreed that (1) F Chan and O Chan would contribute the down payment, (2) K Chan and F Chan would contribute part of the mortgage payments, and (3) Defendant O Chan would contribute the property tax and insurance. (Complaint ¶10.) The Property would be jointly owned by the Parties. (Complaint ¶10.) ...

Excerpt: ...uct an ADU on the subject property. Defendant ceased all work, requiring Plaintiffs to complete the project. The FAC seeks damages totaling $127,912.00. On April 13, 2022, Plaintiff filed suit against Defendant MARIO LEMUS, as an individual and dba MAXIMUM VARIETIES STRUCTURES for: 1. Breach Of Oral Contract 2. Fraud 3. Negligence And 4. Violation Of Business & Professions Code §17200 On May 31, 2022, default was entered against Defendant. On Au...

Excerpt: ... CLAREMONT HEALTHCARE CENTER, INC.'S MOTION TO STRIKE COMPLAINT is MOOI. Background This is an alleged elder abuse case. On October 28, 2022, Plaintiff DMARIO FINCH ("Plaintiff"), Individually and as Successor in Interest to NOVELLA HOWARD ("decedent"), Deceased, filed suit against Defendants COUNTRY VILLA CLAREMONT HEALTHCARE CENTER, INC.; COUNTRY VILLA SERVICE CORR for: . Professional Negligence . Reckless Neglect In Violation Of Elder Abuse An...

Excerpt: ... Marquez, the principal of CMG, [1] to transfer the subject property from her uncle to Plaintiff. After making payments, Plaintiff was shocked to learn that the entire loan balance was due. On June 23, 2022, Plaintiff filed suit against Defendants for: 1. Violation Of Business And Professions Code ¶ 17500; 2. Breach Of Implied Covenant Of Good Faith And Fair Dealing; 3. Promissory Estoppel; 4. Fraud; 5. Breach Of Contract; 6. Temporary Restraini...

Excerpt: ... CASA COLINA HOSPITAL; CASA COLINA HOSPITAL & CENTERS FOR HEALTHCARE dba CASA COLINA HOSPITAL; CASA COLINA, INC (hereinafter, “Casa Colina”).; JALAL BADDAY, M.D.; HUSSEIN ABIDALI, D.O: Ms. Munoz was a resident of Casa Colina from March 27, 2022 to April 22, 2022 where she was admitted for rehabilitative care following a stroke. (Complaint ¶27.) Dr. Badday was Ms. Munoz's attending physician. (Complaint ¶22.) Due to her poor appetite, Ms. Mu...

Excerpt: ...er Lane, Diamond Bar, CA (the “Derringer Lane Property”), and 14211 Skyline Drive, Hacienda Heights, CA (the “Skyline Drive Property”). On June 14, 2022, Plaintiff filed the complaint against BO SUN, an individual; 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 thro...

Excerpt: ...er Lane, Diamond Bar, CA (the “Derringer Lane Property”), and 14211 Skyline Drive, Hacienda Heights, CA (the “Skyline Drive Property”). On June 14, 2022, Plaintiff filed the complaint against BO SUN, an individual; 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 thro...

Excerpt: ...is Third Amended Complaint (“TAC”) for Breach of Contract and Fraud. On January 24, 2023, Defendant filed a demurrer, which on February 22, 2023, the court sustained with 30 days leave to amend. On April 28, 2023, the court issued a Notice Re: Continuance of Hearing and Order about the Status Conference Re: Amended Complaint. On May 11, 2023, Plaintiff filed an opposition to the demurrer. On June 9, 2023, Defendant filed a reply in support of...

Excerpt: ...on of the Song-Beverly Act 4. Violation of Uniform Commercial Code On April 3, 2023, Mercedes-Benz filed its answer. On June 20, 2023, Envision filed its answer. On August 22, 2023, Plaintiff filed the instant motion. Legal Standard The court may, in furtherance of justice and on any proper terms, allow a party to amend any pleading. (Code Civ. Proc., § 473, subd. (a)(1); Branick v. Downey Savings & Loan Association (2006) 39 Cal.4th 235, 242.) ...

Excerpt: ... suit for breach of written contract. On June 14, 2023, default was entered against Defendant. On August 1, 2023, Plaintiff filed its request for entry of clerk judgment, which the clerk denied on that same day because “Amts stated in request/judgment are not stated in the prayer of the complaint. No interest start date. Atty fees claimed do not comply w/ atty fee schedule per local court rules. Clerk cannot process. Proceed w/ Request for Cour...

Excerpt: ...f a nursing home) and other employees for various Labor Code violations. On December 12, 2022, Plaintiff TIERRA FRANKLIN, individually, and on behalf of other aggrieved employees pursuant to the California Private Attorneys General Act filed suit against Defendant POMONA HEALTHCARE & WELLNESS CENTER, LLC. On February 14, 2023, Defendant filed the instant motion. On August 30, 2023, Plaintiff filed an opposition to the motion, including evidentiar...

Excerpt: ...Decedent to a Catholic mass rosary combo. On August 22, 2022, Plaintiff filed the instant action asserting the following causes of action: 1. Breach of Fiduciary Duty 2. Breach of Contract 3. Intentional Misrepresentation 4. Intentional Infliction of Emotional Distress and 5. Request for Punitive Damages On September 26, 2022, Defendant filed a Demurrer. On October 20, 2022, Plaintiff filed a First Amended Complaint (“FAC”), asserting a new c...

Excerpt: ...0, 2019, Plaintiff filed a First Amended Complaint, asserting causes of action against X. Liu, Shi Qiang Zhang (“S. Zhang”), Lina Zhang (“L. Zhang”) and Does 1-10 for: 1. Breach of Contract 2. Fraud 3. Conversion 4. Common Counts (i.e., Money Had and Received) On November 9, 2019, X. Liu's and S. Zhang's defaults were entered. On July 23, 2020, Plaintiff dismissed L. Zhang, without prejudice. On July 23, 2020, Plaintiff dismissed Defendan...

Excerpt: ...wherein Defendant agreed that during the time that the parties maintained their relationship the Defendant would combine her skills, efforts, labor and earnings and would share equally with Plaintiff any and all property acquired and accumulated as a result of her skills, efforts, labor and earnings.” (Complaint ¶6.) However, on March 31, 2021 (Complaint ¶11, 12), Defendant breached said agreement by failing to recognize Plaintiff's interest ...

Excerpt: ...lant while working at her store, which Plaintiff (tenant) leases from Defendants (landlord). The basis of the liability asserted against Defendants is that despite previous security breaches (e.g., burglary), Defendants did not take precautionary measures, breaching various duties owed to Plaintiff through the parties' lease. On December 12, 2022, Plaintiff filed suit against Defendants asserting the following causes of action (COA): 1. Negligenc...

Excerpt: ...ION, 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 t...

Excerpt: ...an hemicolectomy, but after the surgery, Plaintiff still experienced abdominal pain. It was later discovered that a surgical sponge was left within Plaintiff's plaintiff during the original surgery, which required a second surgery to remove the surgical sponge. [1] On March 19, 2021, Plaintiff filed the instant action against Emanate and Doe Defendants. On July 12, 2021, Plaintiff named Robinson V. Baron (“Dr. Baron” or “Defendant”) as Do...

Excerpt: ... Tammy Martinez, individually, and as successor in interest to Irving Valenzuela, deceased filed suit. On July 3, 2023, Plaintiffs filed the instant motion. On August 4, 2023, Defendants filed their opposition. On August 10, 2023, Plaintiffs filed their reply. On August 17, 2023, the court conduced an IDC regarding Plaintiffs' discovery. Legal Standard [2] The scope of discovery is set by the pleadings, in that for information to be discoverable,...

Excerpt: ... or “Huazano”): In 2017, the parties entered into an agreement whereby Defendants served as Plaintiff's carrier for cargo. Defendants breached the agreement by not maintaining sufficient insurance and/or not complying with the terms of the policy to compensate Plaintiff for their loss regarding damage to $204,910 worth of cargo in a roll-over accident and by not settling the claim for the loss. On December 14, 2022, Plaintiff filed suit for: ...

Excerpt: ...lid 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 regarding the status conference: “Supplemental...

Excerpt: ...DENNIS R. BARANOWSKI (“Baranowski”), ROBERT E. WEISS, INC (“Weiss Inc.”), JAMES T. LEE (“Lee”) [1] and CRIS A. KLINGERMAN (“Klingerman”): In 2002, Plaintiff was incarcerated and sentenced to 20 years in prison. In April 2021, after his release from prison in November 2020, Plaintiff found a letter regarding the sale of two properties [2] wherein there was an excess of foreclosure proceeds, but there has “never been an accounting...

Excerpt: ...OND 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”); RKA CONSULTING GROUP, a California corporation (“RKA”); CITY OF DIAMOND BAR, a governmental entity (occasionally referred to as the “City”): On September 27, 20...

Excerpt: ... 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 then sought medical treatment from...

Excerpt: ...ease of a new 2020 Honda Pilot, specifically pertaining to the “Honda Sensing Defect.” On November 7, 2022 Plaintiff Vasquez filed suit for SBA violations and Fraudulent Inducement— Concealment. On December 7, 2023, Defendant filed a demurrer, which the court sustained with leave to amend. On February 23, 2023, Plaintiff filed a First Amended Complaint (“FAC”). On February 24, 2023, Defendant filed a motion to compel arbitration. [1] On...

Excerpt: ...IENDA LA PUENTE UNIFIED SCHOOL DISTRICT (“School District”) and LUIS FRANCO (“Franco”): One day in elementary school, Plaintiff asked for permission to “take a few moments to himself.” (Complaint ¶8.) The classroom assistant agreed, and Plaintiff “walked to the classroom exit to sit near the door.” (¶9.) But the teacher [2] mistakenly thought Plaintiff was attempting to leave, so called a second classroom assistant, Mr. Franco, ...

Excerpt: ...n Plaintiff began to investigate his investment, Plaintiff realized no such LLC existed. On April 14, 2023, Plaintiff filed suit for: 1. Breach of Contract 2. Fraud and Deceit On July 24, 2023, Plaintiff filed proof of service (POS) of summons indicating that Defendant was personally served on 6/30/23. On August 9, 2023, Plaintiff filed the instant application for default judgment. Legal Standard California Code of Civil Procedure section 585 (�...

Excerpt: ...on for the death of Julian Moore (“decedent”) who was struck when the wheel of Defendant ALBERT BENJAMIN ESQUEDA'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 September 28, 2022, Plaintiffs filed a first amended complaint (FAC) against Defendants ALBERT BENJAMIN ESQUEDA; ANGELINA ULLOA; ADRIANA SIORDIA JIMENEZ; MARIO SIORDIA JIM...

Excerpt: ...rties entered into a verbal agreement wherein Plaintiff would pay the monthly mortgage on a home in return for “all the property tax [] paid during [the] stay.” (Complaint p. 4 of 5 of PDF.) But Defendant never gave the monthly $500 share and “constantly verbally abused [Plaintiff] to the point that [Defendant] physically hurt [Plaintiff's wife].” [1] On January 14, 2022, Plaintiff filed the instant action against Specially Appearing Defe...

Excerpt: ...siness vehicles” (Complaint ¶11) wherein Wong pledged various vehicles as collateral for but Wong inadvertently gave vehicle titles to Plaintiff's two vehicles. Plaintiff asserts that based thereon, Delgado has unlawful possession of the two vehicles. [1] On February 28, 2023, Plaintiff filed suit for: (1) Fraudulent Concealment (2) Conversion (3) Negligent Misrepresentation (4) Unjust Enrichment (5) Intentional Misrepresentation (6) Intention...

Excerpt: ...laint against Plaintiff for breach of fiduciary duties. [1] On May 23, 2022, the court issued the following minute order: “Off the record, settlement discussions commence. The matter settles in its entirety.” According to the order signed by the court, judgment was entered in favor of Plaintiff in the amount of $157,405.97. As part of the settlement, Defendant (Briceno) offered three (3) parcels of property located in Rosarito, Mexico as her ...

Excerpt: ...sexual exploitation of a patient, drug use with patient, and sexual harassment, to which Defendant retaliated against Plaintiff by terminating her employment. On September 16, 2022, Plaintiff filed suit for 1. Retaliation/Wrongful Termination (Health & Safety Code § 1278.5); 2. Retaliation/Wrongful Termination (Labor Code § 1102.5) 3. Retaliation/Wrongful Termination (Gov't Code § 12940 (h)); 4. Wrongful Termination (Public Policy); 5. Failure...

Excerpt: ...On September 21, 2022, the matter was called for trial, but the minute order indicates that “bankruptcy has just been filed as to JM Global.” Based thereon, the trial was vacated. On November 7 2022, Plaintiff filed a Notice Of Relief Of Automatic Bankruptcy Stay. On November 23, 2022, the matter was called for trial, but, according to the minute order, there was no appearance by Defendants, resulting in the trial court granting the judgment ...

Excerpt: ...ntered against Defendants. Legal Standard A writ of possession is available in any pending action. A writ of possession is issued as a provisional remedy in a cause of action for claim and delivery, also known as replevin. (See Pillsbury, Madison & Sutro v. Schectman (1997) 55 Cal.App.4th 1279, 1288.) As a provisional remedy, the right to possession is onl y temporary, and title and the right to possess are determined in the final judgment. Upon ...

Excerpt: ...filed suit. On March 13, 2023, Plaintiff dismissed Elsie Martinez. On April 17, 2023, Noe filed an answer and a cross-complaint against Elsie Martinez. On June 22, 2023, Elsie Martinez filed her answer to Noe's cross-complaint, and filed a cross-complaint against Noe. On June 26, 2023, Noe filed his answer to Elsie Martinez's cross-complaint. On July 10, 2023, Elsie Martinez filed thie instant motion for determination of good faith settlement (GF...

Excerpt: ... Plaintiff was brutally attacked by an unknown assailant while working at her store, which Plaintiff (tenant) leases from Defendants (landlord). The basis of the liability asserted against Defendants is that despite previous security breaches (e.g., burglary), Defendants did not take precautionary measures, breaching various duties owed to Plaintiff through the parties' lease. On December 12, 2022, Plaintiff filed suit against Defendants assertin...

Excerpt: ...(“Elhanani”); VISION CONSTRUCTION (“Vision”); AMERICAN CONTRACTORS INDEMNITY COMPANY (“American Contractors”): In 2019, Plaintiff entered into a contract with Elhanani and Vision 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 Pla...

Excerpt: ...ntered against Defendants. Legal Standard A writ of possession is available in any pending action. A writ of possession is issued as a provisional remedy in a cause of action for claim and delivery, also known as replevin. (See Pillsbury, Madison & Sutro v. Schectman (1997) 55 Cal.App.4th 1279, 1288.) As a provisional remedy, the right to possession is only temporary, and title and the right to possess are determined in the final judgment. Upon t...

Excerpt: ... Breach Of Covenant Of Quiet Enjoyment Of The Premises 4. Trespass 5. Intentional Infliction Of Emotional Distress 6. Negligent Infliction Of Emotional Distress 7. Negligence 8. Wrongful Eviction [ Civil Code §789.3] 9. Business And Professions Code, Sections I 7200 10. Fraud Count 1 11. Conversion. On April 11, 2023, the court entered default against Defendant. On May 17, 2023, Defendant filed the instant motion to quash. On July 19, 2023, Plai...

Excerpt: ...filed their answer. Legal Standard This Motion is made pursuant to Code of Civil Procedure (CCP) Section 387 and Labor Code Section 3853. (Motion p. 2.) CCP section 387 provides, “[t]he Court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if . . . [a] provision of law confers an unconditional right to intervene.” (Code Civ. Proc., § 387, subd. (d)(1)(A).) Labor Code § 3853 provides an insurance co...

Excerpt: ... his Guardian ad Litem, AMANDA REAL alleges the following against INLAND VALLEY PARTNERS LLC dba INLAND VALLEY CARE AND REHABILITATION CENTER (“Defendant”): In 2017, at age forty-nine, Mark Moore was admitted to Defendant's facility “for rehabilitation, care, treatment, and supervision in light of his then-existing mental and physical condition.” As a result of Defendant's failures, Plaintiff alleges that, amongst other problems, he devel...

Excerpt: ...ETH AND TIFFANY TRUST; KENNETH SHU, AS TRUSTEE TO THE SHU TRUST (collectively, “Defendants”) asserting the following causes of action (COA): 1. Violation of California Civil Code section 1942.4 2. Tortious Breach of the Warranty of Habitability 3. Private Nuisance 4. Business and Professions Code section 17200, et seq. 5. Negligence 6. Breach of Covenant of Quiet Enjoyment 7. Intentional Infliction of Emotional Distress (IIED) 8. Negligence P...

Excerpt: ...INATION OF JURY TRIAL is GRANTED. Background [1] This case arises from the breach of a capitation contract to provide ophthalmology care to HMO patients. On October 27, 2022, Mark Kislinger, M.D., Mark Kislinger, M.D., Inc. And Mark Kislinger, Phd, M.D., Inc.'S (Collectively, “Defendants”) Filed A Motion To Quash Plaintiff's Subpoenas Of Records From Jpmorgan Chase Bank, N.A, which the court determined as moot because (unbeknownst to the cour...

Excerpt: ... failure to appear at two previous hearings and failure to file an amended complaint, illustrating his lack of interest in his case. In the alternative, should the case not be dismissed, the motions would be moot, but monetary sanctions would still be imposed upon Plaintiff in the total, reduced amount of $1,000.00. Background This is a negligence case. Plaintiff Jose Estrada alleges the following against the City of Baldwin Park: Plaintiff was i...

Excerpt: ... HONDA MOTOR CO., INC., (“Defendant”): In 2021, Plaintiff purchased a used Honda Odyssey (“Subject Vehicle”), which includes a “9-Speed Transmission” (“Transmission”). According to Plaintiff, Defendant knew that the Transmission is defective and dangerous; yet, despite this knowledge since 2014, Defendant concealed the existence of those defects from Plaintiff and other consumers. On September 15, 2022, Plaintiff filed suit agains...

Excerpt: ...ement, in the event of default, Plaintiff is entitled to retake possession of the Vehicle from Defendants. On April 3, 2023, Plaintiff filed suit for (1) Breach of Contract and (2) Claim and Delivery. On April 13, 2023, Plaintiff filed the instant application for writ of possession (claim and delivery). On July 20, 2023, default was entered against both Defendants. Legal Standard A writ of possession is available in any pending action. A writ of ...

Excerpt: ...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 purchased by Defendants, THE UTTERMOST CO. dba THE UTTERMOST CO. ...

Excerpt: ...ctual Arbitration Award. Legal Standard Any party to an arbitration in which an award has been made may petition the court for confirmation of the award. (Code Civ. Proc., § 1285.) Upon service and filing of a petition to confirm arbitration award, the court shall confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding. (Id., § 1286.) The contents of a petition to confirm an arbitration award shall set fo...

Excerpt: ... warranty of merchantability; Defendant's failure to repair or repurchase the Subject Vehicle; Defendant's failure to commence or complete repairs within 30 days; and Defendant's violation of the Song-Beverly Act. On June 14, 2023, Plaintiff filed the instant motion. On July 27, 2023, Defendant filed its opposition. Legal Standard Plaintiff brings forth the motion pursuant to California Code of Civil Procedure §§ 2025.450 and 2031.310, et seq.,...

Excerpt: ...ent to a Catholic mass rosary combo. On August 22, 2022, Plaintiff filed the instant action asserting the following causes of action: 1. Breach of Fiduciary Duty 2. Breach of Contract 3. Intentional Misrepresentation 4. Intentional Infliction of Emotional Distress and 5. Request for Punitive Damages On September 26, 2022, Defendant filed a Demurrer. On October 20, 2022, Plaintiff filed a First Amended Complaint (“FAC”), asserting a new cause ...

Excerpt: ...ng that all defendants were negligent causing Plaintiff's injuries. On May 12, 2023, Phillip Nguyen filed is answer. On May 22, 2023, Rosa Caffelli and George Castro filed their answers along with a cross-complaint against the other named Defendants for indemnity and contribution. On June 21, 2023, Defendants/Cross-Defendants Caffelli and Castro filed a ‘request for dismissal' of Ean Holdings, LLC. On June 21, 2023, Ean Holdings filed the insta...

Excerpt: ...smission defects; engine defects; a/c defects; suspension defects; brake defects; among other defects and nonconformities.” (FAC ¶13.) On March 1, 2023, Defendant filed a demurrer. On April 6, 2023, Plaintiff filed a FAC, rendering the demurrer moot. On June 7, 2023, Defendant filed the instant demurrer. On July 26, 2023, Plaintiff filed its opposition. On August 1, 2023, Defendant filed its reply. Discussion Defendant demurs to the 5 th cause...

Excerpt: ...ubstitute Yang as the surrogate mother instead of the contracted surrogate mother for the purposing of gaining access to Plaintiff's money and assets. Fang assisted Yang by making false hand-written entries in the forms that Yang was to be a “co- parent” of the child knowing that being a co-parent was contrary to the agreement between Plaintiff and Yang. On April 24, 2018, the action was commenced for: 1. Fraud 2. Fraudulent Concealment 3. In...

Excerpt: ...ually 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 Hernandez; R.C. (“RC”), a minor, by and through his Guardian ad Litem, Evangelina Hernandez [1] allege the following against Defendants COUNTY OF LOS ANGELES (“County”) and HATHAWAY-SYCAMORES CHILD AND FAMILY SERVICE...

Excerpt: ...rs that Plaintiff “keeps his medical license for insurance fraud,” which was intended to hurt Plaintiff's reputation. (Complaint p. 4 of 4 of PDF.) [1] Plaintiff claims he has been damaged in an amount of $500,000. On March 29, 2023, Plaintiff filed suit. On June 9, 2023, Defendant filed the instant motion. On July 6, 2023, Plaintiff filed his opposition. On July 12, 2023, Defendant filed her Reply. Legal Standard “A SLAPP suit is a meritle...

Excerpt: ... May, 22, 2023, Plaintiff filed the instant application for default judgment. Legal Standard California 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 ...

Excerpt: ...n (COA) for negligence and negligence per se. On January 5, 2023, Defendant filed his answer. On February 2, 2023, Defendant filed the instant motion for judgment on the pleadings (MJOP). On July 3, 2023, Plaintiff filed her opposition. On July 10, 2023, Defendant filed his reply. [1] Legal Standard Defendant brings forth the MJOP motion pursuant to Code of Civil Procedure (CCP) section 438(c)(1)(B)(ii), which provides that a MJOP may be brought ...

Excerpt: ... LOPEZ (“Lopez Defendants”); E.L. ENGINEERING (“EL”); HASZ FUND CONTROL, INC.; SURETEC INSURANCE COMPANY; HUDSON INSURANCE COMPANY; STATE NATIONAL INSURANCE COMPANY: Plaintiffs and Lopez Defendants and EL (occasionally, “Defaulting Defendants”) entered into a written proposal whereby Lopez Defendants/EL, the contractors, would build the home. Defendant Hasz provided construction fund control services and inspection. On April 7, 2021, ...

Excerpt: ...kground This case pertains to property located at 914 Lidford Ave., La Puente, CA 91744 (“Property"): Plaintiff CARLOS MORENO alleges the following against Defendants ROSENDO FLORES GONZALEZ (“Defendant Rosendo” or “Defendant”), individually and as Trustee of the Rosendo Flores and Elvia Gonzalez revocable living trust dated June 21, 2018; ELVIA GONZALEZ, individually and as Trustee of the Rosendo Flores and Elvia Gonzalez revocable liv...

Excerpt: ...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 for: 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, Stearns filed its answer and a cross-...

Excerpt: ...covery remains. Background Plaintiffs Robert Hull (“Hull”) and SuperTex Hospitality Investments, LLC (“SuperTex”) (collectively, “Plaintiffs”) allege the following against Defendants WILLIAM G. GILLESPIE; DOUG DENHART; and KELLER WILLIAMS REALTY (collectively, “Defendants”): SuperTex is the owner of the subject property located at 1421-1427 South Garey Avenue, Pomona, CA 91766, commonly known as “Comfort Inn” (“subject prope...

Excerpt: ... 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 Chen, who was the tenant on the property. On April 27, 2023, Plaintiff dismissed the Li...

Excerpt: ...ound This is a wrongful death case. Plaintiffs OSCAR DENA, an individual; MARICELA DENA, an individual; OSCAR MATTHEW DENA, an individual; THOMAS DENA, an individual; and CHRISTINA SENDEJAS, an individual, allege the following against Defendants AURORA CHARTER OAK – LOS ANGELES, LLC, a California limited liability company; AURORA CHARTER OAK HOSPITAL (“Defendant”): On June 5, 2021, Decedent Richard Peter Dena (“decedent” or “Richard�...

Excerpt: ...ch showed over fifteen health and safety code and ten building code violations. (See Petition ¶¶29, 30.) [1] On January 23, 2023, the City filed the instant motion. On February 15, 2023, the court continued the hearing on the motion for untimely service. On June 7, 2023, the City filed a Supplemental Declaration in support of its motion. On June 23, 2023, Defendant filed a Motion to Tax Costs (hearing set for November 2, 2023). On June 27, 2023...

Excerpt: ...irst Amended Complaint (“FAC”) asserting 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 (CLRA) On February 14, 2023, Defendant filed the instant demurrer with a motion to strike. On June 16, 2023, Plaintiff filed its opposition....