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...