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Location: Los Angeles x
Judge: Gullon, Christian R x
2023.09.06 Petition to Confirm Arbitration Award 224
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.09.06
Excerpt: ...lid 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 regarding the status conference: “Supplemental...
2023.09.06 Demurrer to FAC 226
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.09.06
Excerpt: ...DENNIS R. BARANOWSKI (“Baranowski”), ROBERT E. WEISS, INC (“Weiss Inc.”), JAMES T. LEE (“Lee”) [1] and CRIS A. KLINGERMAN (“Klingerman”): In 2002, Plaintiff was incarcerated and sentenced to 20 years in prison. In April 2021, after his release from prison in November 2020, Plaintiff found a letter regarding the sale of two properties [2] wherein there was an excess of foreclosure proceeds, but there has “never been an accounting...
2023.09.05 Motion for Determination of Good Faith Settlement 888
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.09.05
Excerpt: ...OND 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”); RKA CONSULTING GROUP, a California corporation (“RKA”); CITY OF DIAMOND BAR, a governmental entity (occasionally referred to as the “City”): On September 27, 20...
2023.09.01 Application for Default Judgment 741
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.09.01
Excerpt: ... 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 then sought medical treatment from...
2023.08.31 Motion to Compel Arbitration and Stay Proceedings, Demurrer, Motion to Strike 706
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.31
Excerpt: ...ease of a new 2020 Honda Pilot, specifically pertaining to the “Honda Sensing Defect.” On November 7, 2022 Plaintiff Vasquez filed suit for SBA violations and Fraudulent Inducement— Concealment. On December 7, 2023, Defendant filed a demurrer, which the court sustained with leave to amend. On February 23, 2023, Plaintiff filed a First Amended Complaint (“FAC”). On February 24, 2023, Defendant filed a motion to compel arbitration. [1] On...
2023.08.31 Motion for Judgment on the Pleadings 959
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.31
Excerpt: ...IENDA LA PUENTE UNIFIED SCHOOL DISTRICT (“School District”) and LUIS FRANCO (“Franco”): One day in elementary school, Plaintiff asked for permission to “take a few moments to himself.” (Complaint ¶8.) The classroom assistant agreed, and Plaintiff “walked to the classroom exit to sit near the door.” (¶9.) But the teacher [2] mistakenly thought Plaintiff was attempting to leave, so called a second classroom assistant, Mr. Franco, ...
2023.08.30 Motion to Quash Service of Summons and Complaint 040
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.30
Excerpt: ...rties entered into a verbal agreement wherein Plaintiff would pay the monthly mortgage on a home in return for “all the property tax [] paid during [the] stay.” (Complaint p. 4 of 5 of PDF.) But Defendant never gave the monthly $500 share and “constantly verbally abused [Plaintiff] to the point that [Defendant] physically hurt [Plaintiff's wife].” [1] On January 14, 2022, Plaintiff filed the instant action against Specially Appearing Defe...
2023.08.30 Motion for Leave to File Cross-Complaint 437
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.30
Excerpt: ...on for the death of Julian Moore (“decedent”) who was struck when the wheel of Defendant ALBERT BENJAMIN ESQUEDA'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 September 28, 2022, Plaintiffs filed a first amended complaint (FAC) against Defendants ALBERT BENJAMIN ESQUEDA; ANGELINA ULLOA; ADRIANA SIORDIA JIMENEZ; MARIO SIORDIA JIM...
2023.08.30 Application for Default Judgment 097
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.30
Excerpt: ...n Plaintiff began to investigate his investment, Plaintiff realized no such LLC existed. On April 14, 2023, Plaintiff filed suit for: 1. Breach of Contract 2. Fraud and Deceit On July 24, 2023, Plaintiff filed proof of service (POS) of summons indicating that Defendant was personally served on 6/30/23. On August 9, 2023, Plaintiff filed the instant application for default judgment. Legal Standard California Code of Civil Procedure section 585 (�...
2023.08.28 Motion to Compel Answers, for Sanctions 073
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.28
Excerpt: ...sexual exploitation of a patient, drug use with patient, and sexual harassment, to which Defendant retaliated against Plaintiff by terminating her employment. On September 16, 2022, Plaintiff filed suit for 1. Retaliation/Wrongful Termination (Health & Safety Code § 1278.5); 2. Retaliation/Wrongful Termination (Labor Code § 1102.5) 3. Retaliation/Wrongful Termination (Gov't Code § 12940 (h)); 4. Wrongful Termination (Public Policy); 5. Failure...
2023.08.28 Motion for Attorney Fees 847
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.28
Excerpt: ...On September 21, 2022, the matter was called for trial, but the minute order indicates that “bankruptcy has just been filed as to JM Global.” Based thereon, the trial was vacated. On November 7 2022, Plaintiff filed a Notice Of Relief Of Automatic Bankruptcy Stay. On November 23, 2022, the matter was called for trial, but, according to the minute order, there was no appearance by Defendants, resulting in the trial court granting the judgment ...
2023.08.28 Motion to Set Aside or Vacate Judgment 267
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.28
Excerpt: ...laint against Plaintiff for breach of fiduciary duties. [1] On May 23, 2022, the court issued the following minute order: “Off the record, settlement discussions commence. The matter settles in its entirety.” According to the order signed by the court, judgment was entered in favor of Plaintiff in the amount of $157,405.97. As part of the settlement, Defendant (Briceno) offered three (3) parcels of property located in Rosarito, Mexico as her ...
2023.08.28 Motion to Strike 402
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.28
Excerpt: ...siness vehicles” (Complaint ¶11) wherein Wong pledged various vehicles as collateral for but Wong inadvertently gave vehicle titles to Plaintiff's two vehicles. Plaintiff asserts that based thereon, Delgado has unlawful possession of the two vehicles. [1] On February 28, 2023, Plaintiff filed suit for: (1) Fraudulent Concealment (2) Conversion (3) Negligent Misrepresentation (4) Unjust Enrichment (5) Intentional Misrepresentation (6) Intention...
2023.08.24 Application for Writ of Possession 449
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.24
Excerpt: ...ntered against Defendants. Legal Standard A writ of possession is available in any pending action. A writ of possession is issued as a provisional remedy in a cause of action for claim and delivery, also known as replevin. (See Pillsbury, Madison & Sutro v. Schectman (1997) 55 Cal.App.4th 1279, 1288.) As a provisional remedy, the right to possession is onl y temporary, and title and the right to possess are determined in the final judgment. Upon ...
2023.08.24 Application for Determination of Good Faith Settlement 032
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.24
Excerpt: ...filed suit. On March 13, 2023, Plaintiff dismissed Elsie Martinez. On April 17, 2023, Noe filed an answer and a cross-complaint against Elsie Martinez. On June 22, 2023, Elsie Martinez filed her answer to Noe's cross-complaint, and filed a cross-complaint against Noe. On June 26, 2023, Noe filed his answer to Elsie Martinez's cross-complaint. On July 10, 2023, Elsie Martinez filed thie instant motion for determination of good faith settlement (GF...
2023.08.23 Motion to Compel Deposition, for Monetary Sanctions 789
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.23
Excerpt: ... Plaintiff was brutally attacked by an unknown assailant 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 assertin...
2023.08.23 Demurrer, Motion to Strike 302
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.23
Excerpt: ...(“Elhanani”); VISION CONSTRUCTION (“Vision”); AMERICAN CONTRACTORS INDEMNITY COMPANY (“American Contractors”): In 2019, Plaintiff entered into a contract with Elhanani and Vision 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 Pla...
2023.08.17 Application for Writ of Possession 449
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.17
Excerpt: ...ntered against Defendants. Legal Standard A writ of possession is available in any pending action. A writ of possession is issued as a provisional remedy in a cause of action for claim and delivery, also known as replevin. (See Pillsbury, Madison & Sutro v. Schectman (1997) 55 Cal.App.4th 1279, 1288.) As a provisional remedy, the right to possession is only temporary, and title and the right to possess are determined in the final judgment. Upon t...
2023.08.16 Motion to Quash Service of Summons 022
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.16
Excerpt: ... Breach Of Covenant Of Quiet Enjoyment Of The Premises 4. Trespass 5. Intentional Infliction Of Emotional Distress 6. Negligent Infliction Of Emotional Distress 7. Negligence 8. Wrongful Eviction [ Civil Code §789.3] 9. Business And Professions Code, Sections I 7200 10. Fraud Count 1 11. Conversion. On April 11, 2023, the court entered default against Defendant. On May 17, 2023, Defendant filed the instant motion to quash. On July 19, 2023, Plai...
2023.08.16 Motion for Leave to File Complaint in Intervention 737
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.16
Excerpt: ...filed their answer. Legal Standard This Motion is made pursuant to Code of Civil Procedure (CCP) Section 387 and Labor Code Section 3853. (Motion p. 2.) CCP section 387 provides, “[t]he Court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if . . . [a] provision of law confers an unconditional right to intervene.” (Code Civ. Proc., § 387, subd. (d)(1)(A).) Labor Code § 3853 provides an insurance co...
2023.08.15 Renewed Petition to Compel Binding Arbitration and Stay Matter 682
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.15
Excerpt: ... his Guardian ad Litem, AMANDA REAL alleges the following against INLAND VALLEY PARTNERS LLC dba INLAND VALLEY CARE AND REHABILITATION CENTER (“Defendant”): In 2017, at age forty-nine, Mark Moore was admitted to Defendant's facility “for rehabilitation, care, treatment, and supervision in light of his then-existing mental and physical condition.” As a result of Defendant's failures, Plaintiff alleges that, amongst other problems, he devel...
2023.08.15 Demurrer, Motion to Strike 240
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.15
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...
2023.08.14 Motion to Quash Subpoenas of Records, for Determination of Jury Trial 216
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.14
Excerpt: ...INATION OF JURY TRIAL is GRANTED. Background [1] This case arises from the breach of a capitation contract to provide ophthalmology care to HMO patients. On October 27, 2022, Mark Kislinger, M.D., Mark Kislinger, M.D., Inc. And Mark Kislinger, Phd, M.D., Inc.'S (Collectively, “Defendants”) Filed A Motion To Quash Plaintiff's Subpoenas Of Records From Jpmorgan Chase Bank, N.A, which the court determined as moot because (unbeknownst to the cour...
2023.08.14 Motion to Compel Responses, for Sanctions 785
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.14
Excerpt: ... failure to appear at two previous hearings and failure to file an amended complaint, illustrating his lack of interest in his case. In the alternative, should the case not be dismissed, the motions would be moot, but monetary sanctions would still be imposed upon Plaintiff in the total, reduced amount of $1,000.00. Background This is a negligence case. Plaintiff Jose Estrada alleges the following against the City of Baldwin Park: Plaintiff was i...
2023.08.14 Demurrer, Motion to Strike 057
Location: Los Angeles
Judge: Gullon, Christian R
Hearing Date: 2023.08.14
Excerpt: ... HONDA MOTOR CO., INC., (“Defendant”): In 2021, Plaintiff purchased a used Honda Odyssey (“Subject Vehicle”), which includes a “9-Speed Transmission” (“Transmission”). According to Plaintiff, Defendant knew that the Transmission is defective and dangerous; yet, despite this knowledge since 2014, Defendant concealed the existence of those defects from Plaintiff and other consumers. On September 15, 2022, Plaintiff filed suit agains...

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