Excerpt: ...t 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, Plaintiff filed a FAC for the sam...

Excerpt: ...o the motion to strike damages. On September 25, 2023, Defendant filed a reply. Legal Standard Code of Civil Procedure (CCP) section 435 provides, in pertinent part that the court may, upon a motion made pursuant to Section 435, “(a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or any order...

Excerpt: ...vidual and PINNACLE LIMOUSINES MANUFACTURING, INC (“Defendant” or “Pinnacle”): On April 24, 2017, the parties into express Warranty Agreements for the conversion of a Corvette String into a limo conversion. After a near one year delay from the promised completion date, the Corvette limo conversion had numerous defects. The parties also entered into another agreement on November 6, 2019 for the conversion of a Chevrolet Camaro into a limo ...

Excerpt: ...ETH AND TIFFANY TRUST; KENNETH SHU, AS TRUSTEE TO THE SHU TRUST (collectively, “Defendants”) asserting the following causes of action (COA): 1. Violation of California Civil Code section 1942.4 2. Tortious Breach of the Warranty of Habitability 3. Private Nuisance 4. Business and Professions Code section 17200, et seq. 5. Negligence 6. Breach of Covenant of Quiet Enjoyment 7. Intentional Infliction of Emotional Distress (IIED) 8. Negligence P...

Excerpt: ...ively, “Defendants”) alleging a total delinquent rent of $36,000. [2] On May 24, 2023, a Notice of Unlawful Detainer (Eviction) form was filed as to all Defendants (Maria Pompa, Ana Pompa, and All Occupants). [3] On June 8, 2023, the court granted Plaintiff's Application and Order to Serve Summons by Posting. According to the Declaration of Diligence attached thereto (See pp. 3-4 of 4 of PDF), service was attempted by a California registered ...

Excerpt: ...h. [1] On May 11, 2023, Plaintiff filed suit against Defendants for Breach of Written Agreement, Breach of Continuing Guaranty, Claim and Delivery, and Conversion. On May 26, 2023, Plaintiff filed two applications for writ of possession (one as to each Defendant). (Based upon the ‘Notice of Application[s] for Writ of Possession and Hearing' filed on 5/26/23, the hearing on ZYG's application is scheduled for 9/18/23 and hearing on Lin's applicat...

Excerpt: ...aintiffs, at the time of purchasing the Property (known as 2459 Recinto Avenue in the city of Rowland Heights (“Recinto Property”)), the Parties agreed that (1) F Chan and O Chan would contribute the down payment, (2) K Chan and F Chan would contribute part of the mortgage payments, and (3) Defendant O Chan would contribute the property tax and insurance. (Complaint ¶10.) The Property would be jointly owned by the Parties. (Complaint ¶10.) ...

Excerpt: ...uct an ADU on the subject property. Defendant ceased all work, requiring Plaintiffs to complete the project. The FAC seeks damages totaling $127,912.00. On April 13, 2022, Plaintiff filed suit against Defendant MARIO LEMUS, as an individual and dba MAXIMUM VARIETIES STRUCTURES for: 1. Breach Of Oral Contract 2. Fraud 3. Negligence And 4. Violation Of Business & Professions Code §17200 On May 31, 2022, default was entered against Defendant. On Au...

Excerpt: ... CLAREMONT HEALTHCARE CENTER, INC.'S MOTION TO STRIKE COMPLAINT is MOOI. Background This is an alleged elder abuse case. On October 28, 2022, Plaintiff DMARIO FINCH ("Plaintiff"), Individually and as Successor in Interest to NOVELLA HOWARD ("decedent"), Deceased, filed suit against Defendants COUNTRY VILLA CLAREMONT HEALTHCARE CENTER, INC.; COUNTRY VILLA SERVICE CORR for: . Professional Negligence . Reckless Neglect In Violation Of Elder Abuse An...

Excerpt: ... Marquez, the principal of CMG, [1] to transfer the subject property from her uncle to Plaintiff. After making payments, Plaintiff was shocked to learn that the entire loan balance was due. On June 23, 2022, Plaintiff filed suit against Defendants for: 1. Violation Of Business And Professions Code ¶ 17500; 2. Breach Of Implied Covenant Of Good Faith And Fair Dealing; 3. Promissory Estoppel; 4. Fraud; 5. Breach Of Contract; 6. Temporary Restraini...

Excerpt: ...er Lane, Diamond Bar, CA (the “Derringer Lane Property”), and 14211 Skyline Drive, Hacienda Heights, CA (the “Skyline Drive Property”). On June 14, 2022, Plaintiff filed the complaint against BO SUN, an individual; 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 thro...

Excerpt: ...er Lane, Diamond Bar, CA (the “Derringer Lane Property”), and 14211 Skyline Drive, Hacienda Heights, CA (the “Skyline Drive Property”). On June 14, 2022, Plaintiff filed the complaint against BO SUN, an individual; 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 thro...

Excerpt: ... 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, 2022 where she was admitted for rehabilitative care following a stroke. (Complaint ¶27.) Dr. Badday was Ms. Munoz's attending physician. (Complaint ¶22.) Due to her poor appetite, Ms. Mu...

Excerpt: ...is Third Amended Complaint (“TAC”) for Breach of Contract and Fraud. On January 24, 2023, Defendant filed a demurrer, which on February 22, 2023, the court sustained with 30 days leave to amend. On April 28, 2023, the court issued a Notice Re: Continuance of Hearing and Order about the Status Conference Re: Amended Complaint. On May 11, 2023, Plaintiff filed an opposition to the demurrer. On June 9, 2023, Defendant filed a reply in support of...

Excerpt: ...on of the Song-Beverly Act 4. Violation of Uniform Commercial Code On April 3, 2023, Mercedes-Benz filed its answer. On June 20, 2023, Envision filed its answer. On August 22, 2023, Plaintiff filed the instant motion. Legal Standard The court may, in furtherance of justice and on any proper terms, allow a party to amend any pleading. (Code Civ. Proc., § 473, subd. (a)(1); Branick v. Downey Savings & Loan Association (2006) 39 Cal.4th 235, 242.) ...

Excerpt: ... suit for breach of written contract. On June 14, 2023, default was entered against Defendant. On August 1, 2023, Plaintiff filed its request for entry of clerk judgment, which the clerk denied on that same day because “Amts stated in request/judgment are not stated in the prayer of the complaint. No interest start date. Atty fees claimed do not comply w/ atty fee schedule per local court rules. Clerk cannot process. Proceed w/ Request for Cour...

Excerpt: ...f a nursing home) and other employees for various Labor Code violations. On December 12, 2022, Plaintiff TIERRA FRANKLIN, individually, and on behalf of other aggrieved employees pursuant to the California Private Attorneys General Act filed suit against Defendant POMONA HEALTHCARE & WELLNESS CENTER, LLC. On February 14, 2023, Defendant filed the instant motion. On August 30, 2023, Plaintiff filed an opposition to the motion, including evidentiar...

Excerpt: ...Decedent to a Catholic mass rosary combo. On August 22, 2022, Plaintiff filed the instant action asserting the following causes of action: 1. Breach of Fiduciary Duty 2. Breach of Contract 3. Intentional Misrepresentation 4. Intentional Infliction of Emotional Distress and 5. Request for Punitive Damages On September 26, 2022, Defendant filed a Demurrer. On October 20, 2022, Plaintiff filed a First Amended Complaint (“FAC”), asserting a new c...

Excerpt: ...0, 2019, 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. On July 23, 2020, Plaintiff dismissed Defendan...

Excerpt: ...wherein Defendant agreed that during the time that the parties maintained their relationship the Defendant would combine her skills, efforts, labor and earnings and would share equally with Plaintiff any and all property acquired and accumulated as a result of her skills, efforts, labor and earnings.” (Complaint ¶6.) However, on March 31, 2021 (Complaint ¶11, 12), Defendant breached said agreement by failing to recognize Plaintiff's interest ...

Excerpt: ...lant while working at her store, which Plaintiff (tenant) leases from Defendants (landlord). The basis of the liability asserted against Defendants is that despite previous security breaches (e.g., burglary), Defendants did not take precautionary measures, breaching various duties owed to Plaintiff through the parties' lease. On December 12, 2022, Plaintiff filed suit against Defendants asserting the following causes of action (COA): 1. Negligenc...

Excerpt: ...ION, 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 t...

Excerpt: ...an hemicolectomy, but after the surgery, Plaintiff still experienced abdominal 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 Do...

Excerpt: ... Tammy Martinez, individually, and as successor in interest to Irving Valenzuela, deceased filed suit. On July 3, 2023, Plaintiffs filed the instant motion. On August 4, 2023, Defendants filed their opposition. On August 10, 2023, Plaintiffs filed their reply. On August 17, 2023, the court conduced an IDC regarding Plaintiffs' discovery. Legal Standard [2] The scope of discovery is set by the pleadings, in that for information to be discoverable,...

Excerpt: ... or “Huazano”): In 2017, the parties entered into an agreement whereby Defendants served as Plaintiff's carrier for cargo. Defendants breached the agreement by not maintaining sufficient insurance and/or not complying with the terms of the policy to compensate Plaintiff for their loss regarding damage to $204,910 worth of cargo in a roll-over accident and by not settling the claim for the loss. On December 14, 2022, Plaintiff filed suit for: ...