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: ...

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...

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...

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...

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...

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...

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, ...

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...

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...

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 (�...

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...

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 ...

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...

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 ...

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 ...