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Location: Los Angeles x
Judge: Gullon, Christian R x
2024.03.11 Motion to Set Aside Default and Quash Summons and Complaint 437
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.03.11
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...
2024.03.11 Motion to Quash Service of Summons and Complaint 440
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.03.11
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...
2024.03.11 Motion to Compel Deposition 771
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.03.11
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...
2024.03.11 Demurrer, Motion to Strike 998
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.03.11
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...
2024.02.28 Motion for Summary Judgment, Adjudication 038
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.02.28
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...
2024.02.27 Motion for Attorney Fees 949
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.02.27
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...
2024.02.27 Demurrer to SAC, Motion to Strike Punitive Damages 925
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.02.27
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...
2024.02.26 Application for Default Judgment 190
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.02.26
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 ...
2024.02.22 Motion to be Relieved as Counsel 845
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.02.22
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...
2024.02.22 Motion for Leave to Conduct Psychological Evaluations 975
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.02.22
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...
2024.02.21 Demurrer to FAC 630
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.02.21
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...
2024.02.20 Motion for Summary Judgment 192
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.02.20
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...
2024.02.15 Demurrer to TAC, Motion to Strike 365
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.02.15
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...
2024.02.08 Motion for Summary Judgment, Adjudication 888
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.02.08
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...
2024.02.07 Motion to Quash Deposition Subpoenas for Production of Business Records 791
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.02.07
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 ...
2024.02.07 Motion for Summary Judgment 320
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.02.07
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...
2024.02.05 Motion for Interlocutory Judgment of Partition 562
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.02.05
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....
2024.01.31 Motion for Leave to File SAC 156
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.01.31
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...
2024.01.30 Motion to Set Aside Default, Judgment 979
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.01.30
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 ...
2024.01.29 Demurrer 303
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.01.29
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...
2024.01.25 Application for Default Judgment 741
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.01.25
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 ...
2024.01.24 Demurrer 644
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.01.24
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...
2024.01.23 Motion to Expunge Lis Pendens 580
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.01.23
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...
2024.01.23 Application for Default Judgment 684
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.01.23
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...
2024.01.22 Motion for Reconsideration, for Terminating and Monetary Sanctions 888
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2024.01.22
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�...

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