Excerpt: ...ODE § 51 et seq (“UCRA”). On April 19, 2023, default was entered against Defendant. On October 26, 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 con...

Excerpt: ... to Bus. & Prof. Code, § 17200 et seq. On January 4, 2023, a notice of related case was filed. [1] On March 28, 2023, Defendant filed the instant motion. On September 18, 2023, the parties filed a stipulation to continue the hearing. On September 27, 2023, Plaintiff filed an opposition. On September 28, 2023, Defendant filed its Reply. On October 5, 2023, the court issued the following minute order (in 22STCV28338): Plaintiff Counsel's oral moti...

Excerpt: ... to Bus. & Prof. Code, § 17200 et seq. On January 4, 2023, a notice of related case was filed. [1] On March 28, 2023, Defendant filed the instant motion. On September 18, 2023, the parties filed a stipulation to continue the hearing. On September 27, 2023, Plaintiff filed an opposition. On September 28, 2023, Defendant filed its Reply. On October 5, 2023, the court issued the following minute order (in 22STCV28338): Plaintiff Counsel's oral moti...

Excerpt: .... Discussion Overview of UCRA California's UCRA provides: ‘All persons within the jurisdiction of this state are free and equal and no matter what their…. disability… are entitled to the full and equal¿accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civ. Code, § 51(b).) A violation of any individual right under the Federal Americans with Disabilities Act (“ADA”)...

Excerpt: ...n of this state are free and equal and no matter what their…. disability… are entitled to the full and equal¿accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. (Civ. Code, § 51(b).) A violation of any individual right under the Federal Americans with Disabilities Act (“ADA”) is also a violation of California's Unruh Act. (Civ. Code §¿51(f).) Under the ADA, “[n]o i...

Excerpt: ...endants JIANG XU, an individual; UBER TECHNOLOGIES INC., a Corporation; ANTONIO PEREZ, an individual for negligence. (Plaintiff was the passenger in an Uber vehicle operated by Defendant Xu when Defendant Xu's and Perez's vehicles collided.) On February 22, 2023, Uber filed its answer. On March 14, 2023, Defendant Perez filed his answer and a cross-complaint against Xu, Romero, and Uber for indemnity (total and implied), declaratory relief, and a...

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...