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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...$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: ...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: ...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...