Excerpt: ...t against Defendant, for a total judgment of $67,735.00. On March 27, 2023, Defendant filed the instant motion to set aside the default judgment (“Motion”). [1] On April 11, 2023, Plaintiff filed its opposition to the Motion. To date, as of Friday, June 30, 2023 at 12 PM, no Reply has been received (due 5 court days before hearing [Thursday, June 29]). Legal Standard [2] CCP section 473 subdivision (b) allows a court to vacate a prior order u...

Excerpt: ...rnative to Correct Arbitration Award.” On August 2, 2019, Judgement Confirming Arbitration Award was filed. On March 14, 2022, an ‘Appeal—Opinion Received B301519' was filed. On May 25, 2022, an ‘Appeal—Remittitur—Affirmed B301519' was filed. On July 1, 2022, a Motion for Attorney Fees, which the court denied on December 8, 2022. On February 7, 2023, Petitioner filed the instant motion for attorney fees. On March 29, 2023, Respondent ...

Excerpt: ...ation, the work was not completed. Additionally, Defendants are unlicensed contractors. On October 31, 2021, Plaintiff filed suit. On March 10, 2021, Plaintiff filed a FAC for 1. DISGORGEMENT PURSUANT TO BUSINESS AND PROFESSIONS CODE §7031 and 2. FRAUD AND INTENTIONAL DECEIT. On June 29, 2022, Defendants filed their answer alleging the work was near completed but Plaintiff refused to pay the balance. On April 11, 2023, Plaintiff filed the instan...

Excerpt: ...ANCE CO., A CALIFORNIA CORPORATION; AND COY WALLACE: Defendant Geico issued Defendant Wallace a check for property damage. Despite cashing the check at Plaintiff EZ Cash, Defendant Wallace asked Geico to reissue the $36,000 check, which then EZ Cash was unable to cash. [1] On May 18, 2021, Plaintiff filed suit. On April 15, 2022, Plaintiff filed a Proof of Service, after OSCs regarding the failure to file such proof of service. On May 25, 2022, D...

Excerpt: ...dominal 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 Doe 1. On August 24, 2021, Plaintiff named Edwin Edillon, M.D., as Doe 4....

Excerpt: ...d Doe High School (“Defendants”): 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. (FAC ¶¶ 5-7.) Plaintiff alleges that Defendants knew or should have known that the Perpetrator engaged in unlawful conduct (FAC ¶19) and that Defendants failed to take prevent such abuse (¶20). On November 22, 202...

Excerpt: ...vant legal authority and in what ways the FAC could be amended. Background This case involves real property. Plaintiff Martha Ismelda Morales (“Plaintiff”) alleges the following against Defendants: In May 2019, Plaintiff sought the help of Defendant Marquez, the principal of CMG, [2] to transfer the subject property from her uncle to Plaintiff. Instead, Defendant Marquez “induced Plaintiff and Mr. Fuentes into signing blank pages that they ...

Excerpt: ...”) (collectively, “Defendant Pena”): Plaintiff was acting as a site inspector for the State of California Department of Transportation (“DOT”) when he arrived at a worksite where he was then struck by a copper wire maintained by Defendants. [1] On September 14, 2020, Plaintiffs filed suit for general negligence. On January 3, 2023, Plaintiffs filed their first amended complaint (“FAC”), after the court granted leave to amend to asse...

Excerpt: ...(“Defendant”) relating to the purchase of a 2014 Chevrolet Cruz. On November 21, 2022, the court sustained Defendant's first demurrer with leave to amend. On December 21, 2022, Plaintiffs filed their First Amended Complaint (“FAC”), to which Defendants filed a demurrer that the court sustained. On April 24, 2023, Plaintiffs filed their SAC. On May 24, 2023, Defendant filed its Demurrer with a motion to strike. On June 14, 2023, Plaintiffs...

Excerpt: ... SCHOOL, CHERYL BONNER (“Bonner”), and VIRGINIA KELSEN (“Kelsen”) (collectively, Defendants”) [1] : On December 13, 2021 during her 5 th grade year, Plaintiff was sexually abused and bullied by a male student, John Doe, wherein he hit Plaintiff's buttocks, pinched her waist, and groped her breasts. (Complaint ¶23.) Plaintiff and four other students, who were also abused by John Doe, told school officials, but Plaintiff's Mother was not...

Excerpt: ...efendant Jared. Background This case arises from a motor vehicle accident. Plaintiff JOHN HENRY LEE and DANIEL LEE (“Plaintiff Daniel”) (collectively, “Plaintiffs”) allege the following against Defendants JARED ANDREW PAREDES (“Defendant Jared”), ANDREW PEREDES (“Defendant Andrew”), [1] the CITY OF AZUSA, and CITY OF COVINA: Decedent Milagros Isabel Lee (“decedent”) was operating her vehicle with her son, Plaintiff Daniel, as ...

Excerpt: ...�). 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 another teacher at the high school what to do, but the teacher did not help nor report the matter. (Complaint ¶9.) Then, while alone in the classroom, the Perpetrator sexually assau...

Excerpt: ...echeng Li. Plaintiff alleges that commencing on or about May 19, 2019, the Hospital's and Dr. Vermani's negligent and intentional conduct caused the decedent's death on June 3, 2019. On June 1, 2020, Plaintiff filed the instant action. On March 30, 2021, Plaintiff filed her Second Amended Complaint (“SAC”) against Defendants for: 1. WRONGFUL DEATH-MEDICAL MALPRACTICE; 2. SURVIVAL ACTION; 3. FRAUD/DECEIT/INTENTIONAL MISREPRESENTATIONS; 4. ELDE...

Excerpt: ...ndant LAWYERS REALTY BROKERAGE. On February 24, 2023, default was entered against Defendant. On May 3, 2023, Plaintiff filed the instant application for entry of default judgment. Discussion The application is denied without prejudice mainly because it is unclear as to the damages sought. The complaint seeks damages of $31,157.59 in past-due rent, reasonable attorney fees, forfeiture of the agreement, and damages at the rate stated in item 13 (th...

Excerpt: ...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 “high-beaming” and overtaking one another when they lost control of their vehicles and caused the crash. On July 7, 2021, Plaintiffs filed suit against Defendants for: 1. Negligence 2. Negligence Per Se and 3....

Excerpt: ...ndant owned the other one-half in fee simple. However, on March 1, 2022, after decedent's death, Defendant illegally and fraudulently converted the 50% interest belonging to the Decedent to herself by recording an affidavit of Death of Joint Tenant in total disregard of the Probate case, which Defendant appeared at the hearings but stop making appearances after March 1, 2022. On July 19, 2022, Plaintiff filed a verified complaint for PARTITION OF...

Excerpt: ...conduct) and SUSTAINED (i.e., as to the 5 th cause of action for negligent mishandling of a corpse, with leave to amend which is TBD at the hearing. [1] (4) DEFENDANT VITAS HEALTHCARE'S MOTION TO STRIKE PORTIONS OF PLAINTIFFS' SECOND AMENDED COMPLAINT is DENIED. Background This case arises from the death of James Elmer Brost (“decedent”) and the alleged mishandling of his corpse. Plaintiffs PHYLLIS BROST, as an individual and successor in int...

Excerpt: ...filed suit. [2] On May 22, 2023, American Honda Motor Co., Inc. (“AHM”), Honda of America Mfg., Inc. (“HAM”), and Stockton Auto Cars, Inc. dba Stockton Honda (the “Honda Defendants”) filed the instant Motion to Seal and Motion for Determination of Good Faith Settlement (“Motion). Honda Defendants also filed a Notice Of Lodging Documents Conditionally Under Seal. [3] Legal Standard for Motion to Seal A party that requests that a reco...

Excerpt: ...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 Good Faith and Fair Dealing 3. Retaliation In Violation of Labor Code §§ 98.6 & 1102.5 On July 26, 2022, Defendant filed the instant MSJ. ...

Excerpt: ...endant allegedly failed to return possession of premises upon expiration of lease term as required under the lease agreement. On May 29, 2020, Plaintiff filed suit. On August 10, 2020, Plaintiff filed a ‘Notice of Related Case' between case 20PSCV00262 and the instant case. On March 12, 2021, after stipulation, Plaintiff filed a First Amended Complaint. On March 28, 2022, the court issued the following minute order Re: : Hearing on Motion to be...

Excerpt: ...ION (“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 against Defendants for: 1. Dangerous Condition Of Public Property 2. Premises Liability 3. Negligence 4. Negligent Infliction Of Emotional Distress (“NIED”) On August 20, 2019, Plaintiffs filed a First Amended Complaint (“FAC”). On February 13, 2020, Plaintiffs filed an “A...

Excerpt: ... following: Defective engine; Defective suspension system; and any additional complaints made by Plaintiff, whether or not they are contained in the records or on any repair orders. On June 21, 2021, Plaintiff filed suit against Defendant Does 1-50 for statutory violations of the Song- Beverly Act. On July 26, 2021, Defendant filed its Answer. On December 1, 2021, Plaintiff filed a instant Motion to Compel Further Responses to Plaintiff's Request...

Excerpt: ...covered a letter, dated February 24, 2003, from James T. Lee of the Law Offices of Robert E. Weiss. The February 24, 2003 letter stated that Plaintiff was to receive a check for $102,951.04. On June 3, 2021, Plaintiff inquired about the check. On June 30, 2021, Defendant BARANOWSKI stated that Plaintiff's sons received the checks pursuant to a power of attorney and the check had been cashed, but Plaintiff claims that neither him nor anyone author...

Excerpt: ...s follows: SuperTex is the owner of the subject property located at 1421-1427 South Garey Avenue, Pomona, CA 91766, commonly known as “Comfort Inn” (“subject property”). Defendants failed to inform Plaintiffs of their relationship with the proposed lessee, VisionQuest National Ltd., and failed to act in Plaintiffs' interests during lease negotiations. On May 13, 2020, Plaintiffs filed an “Amendment to Complaint,” wherein “SATCAL, In...

Excerpt: ... LLC (“GSC”) and Teresa Tsai (“Tsai”): On October 23, 2017, the parties entered into a lease. On May 1, 2018, Defendants breached the contract by failing to pay rent. Defendants owe nearly 4 million dollars in unpaid rent. On April 29, 2022, Plaintiff filed suit. On July 6, 2022, default was entered against Defendants. That same day, Defendants filed their Answer. On September 9, 2022, a stipulation was signed to set aside the default. On...

Excerpt: ...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 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, ...

Excerpt: ...ETARY SANCTIONS is MOOT because GM responded and the court declines issue monetary sanctions except for the $60 filing fee. Background This is a lemon law case. On November 16, 2022, Plaintiff Alfredo Gonzalez Ochoa filed the instant action against Defendants WIN CHEVROLET, INC. dba WIN CHEVROLET CARSON (“Win”) and GENERAL MOTORS LLC (“GM”). On December 14, 2022, Plaintiff dismissed Win. On April 14, 2023, Plaintiff filed 4 discovery moti...

Excerpt: ... Plaintiff Jerome Kern alleges that Defendants falsely inflated the amount stated on the Notice of Default and Notice of Trustee's Sale by at least tens of thousands of dollars “depriving Plaintiff of the opportunity to reinstate or pay off the loan which was made virtually impossible due to the excessive amounts stated.” (Complaint p. 11.) On December 14, 2022, Plaintiff filed suit against Defendants asserting causes of action for: 1. Violat...

Excerpt: ...the ultimate end user. But due to Defendant's payment disputes with Defendant's trucking company, Pacific, Pacific asserted a warehouseman/carrier's lien over all of Defendant's containers in Pacific's possession. On August 30, 2020, Plaintiff filed suit for: 1. Breach Of Contract; 2. Breach Of Contract; 3. Conversion; 4. Common Carrier Liability; 5. Tortious Interference With Contractual Relationship; And 6. Intentional Interference With Prospec...

Excerpt: ..., which was also guaranteed by Robles. However, Defendants have failed to make the monthly payments pursuant to the lease. On February 17, 2021, Plaintiff filed suit demanding $40,130.34. On June 1, 2021, Solis filed a cross-complaint against Robles for equitable indemnity and contribution. On June 23, 2021, Robles filed a cross-complaint against Solis for equitable indemnity and contribution. On May 11, 2023, Solis filed the instant motion. Lega...

Excerpt: ...COPELI, M.D., OWER CASTRO, M.D., ADAM COEN, M.D., PATRICK TRUONG, M.D., DAVID S. LIN, M.D., SERGIO ANTONIO HERNANDEZ, M.D., BRENDA HAYAKAWA, 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 ...

Excerpt: ...bstitute 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. Int...

Excerpt: ...ODRIGUEZ (collectively, “Plaintiffs”) allege the following against Defendants JEFF CHUNG, YEN PIN INVESTMENT LLC., YEN PIN TSAO, and CHEN YUN TSAO: [1] Plaintiffs were tenants of Defendants' subject property located in the city of Hacienda Heights. The habitability violations of the Subject Property include mold contamination, flooding, leaking, dysfunctional plumbing systems, exposure to sewage, offensive odors, faucets and plumbing releasin...

Excerpt: ...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. Thus, remaining defendants are X. Liu and S. Zhang. On ...

Excerpt: ... general liability policies to Defendant Boudreau, a pipeline company that services wet utilities including sewer, water and storm drains. (Complaint ¶¶2, 5.) In 2016, Defendant Boudreau and Meritage Homes of California (“Meritage) entered into an agreement wherein Defendant Boudreau would furnish and install the sewer lift station (the “System”) at the Creekside housing development in the City of La Verne. (Complaint ¶¶7, 9.) However, ...

Excerpt: ...inger, individually and as successor-in-interest to the Estate of Nancy Vezina (“Plaintiff”) allege as follows: Nancy Vezina (“Nancy” or “decedent”) became a resident at Atria Covina (a Residential Care Facility for the Elderly (“RCFE”)) in December 2015 at the age of 83. Three years later, Nancy was diagnosed with right-side breast cancer. In or around December 2018, Vitas Healthcare (“Vitas”) began to perform hospice care fo...

Excerpt: ...following against PUENTE PARTNERS, LLC dba VICTORIA CARE CENTER (“Defendant Victoria Care”) and Ray Aguirre (“Defendant Aguirre”) (collectively, “Defendants”): Plaintiffs allege, inter alia, that Defendants failed to provide decedent with the care and treatment decedent needed, failed to ensure adequate nutritional and fluid intake, promote and maintain personal hygiene, and monitor and manage decedent's pain levels. On September 2, 2...

Excerpt: ... Plaintiffs worked from March 17, 2020 until present. On March 17, 2023, Plaintiffs filed suit for: 1. Failure To Pay for All Hours Worked 2. Failure To Pay Overtime Wages 3. Waiting Time Penalties 4. Failure To Reimburse Business Related Expenditures and Losses. On May 8, 2023, Defendants filed the instant demurrer. On May 23, 2023, Plaintiffs filed their opposition to the demurrer. On May 30, 2023, Defendants filed their Reply. Legal Standard [...

Excerpt: ...use Plaintiffs made several meritorious arguments. Background This is a lemon law case arising from Plaintiffs' purchase of a 2018 Jeep Cherokee, specifically that the vehicle had a known transmission defect. On November 28, 2022, Plaintiffs BRENDA JIMENEZ AND TRAVIS JIMENEZ filed suit against Defendants FCA US, LLC; MOSS BROS. CHRYSLER DODGE JEEP RAM for VIOLATION OF STATUTORY OBLIGATIONS. On December 29, 2022, Defendants filed the instant Motio...