Excerpt: ...ement, in the event of default, Plaintiff is entitled to retake possession of the Vehicle from Defendants. On April 3, 2023, Plaintiff filed suit for (1) Breach of Contract and (2) Claim and Delivery. On April 13, 2023, Plaintiff filed the instant application for writ of possession (claim and delivery). On July 20, 2023, default was entered against both Defendants. Legal Standard A writ of possession is available in any pending action. A writ of ...

Excerpt: ...heavy mirror in one of Plaintiffs' insured home fell, hitting a gas pipe that then caused an explosion. The explosion also affected the neighbor's vehicle, another of Plaintiffs' insureds. Plaintiffs believe that the explosion, fire and damage originated from the subject mirror and its parts which were manufactured, designed, distributed, inspected, supplied, sold, installed and/or purchased by Defendants, THE UTTERMOST CO. dba THE UTTERMOST CO. ...

Excerpt: ...ctual Arbitration Award. Legal Standard Any party to an arbitration in which an award has been made may petition the court for confirmation of the award. (Code Civ. Proc., § 1285.) Upon service and filing of a petition to confirm arbitration award, the court shall confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding. (Id., § 1286.) The contents of a petition to confirm an arbitration award shall set fo...

Excerpt: ... warranty of merchantability; Defendant's failure to repair or repurchase the Subject Vehicle; Defendant's failure to commence or complete repairs within 30 days; and Defendant's violation of the Song-Beverly Act. On June 14, 2023, Plaintiff filed the instant motion. On July 27, 2023, Defendant filed its opposition. Legal Standard Plaintiff brings forth the motion pursuant to California Code of Civil Procedure §§ 2025.450 and 2031.310, et seq.,...

Excerpt: ...ent 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 cause ...

Excerpt: ...ng that all defendants were negligent causing Plaintiff's injuries. On May 12, 2023, Phillip Nguyen filed is answer. On May 22, 2023, Rosa Caffelli and George Castro filed their answers along with a cross-complaint against the other named Defendants for indemnity and contribution. On June 21, 2023, Defendants/Cross-Defendants Caffelli and Castro filed a ‘request for dismissal' of Ean Holdings, LLC. On June 21, 2023, Ean Holdings filed the insta...

Excerpt: ...smission defects; engine defects; a/c defects; suspension defects; brake defects; among other defects and nonconformities.” (FAC ¶13.) On March 1, 2023, Defendant filed a demurrer. On April 6, 2023, Plaintiff filed a FAC, rendering the demurrer moot. On June 7, 2023, Defendant filed the instant demurrer. On July 26, 2023, Plaintiff filed its opposition. On August 1, 2023, Defendant filed its reply. Discussion Defendant demurs to the 5 th cause...

Excerpt: ...ubstitute Yang as the surrogate mother instead of the contracted surrogate mother for the purposing of gaining access to Plaintiff's money and assets. Fang assisted Yang by making false hand-written entries in the forms that Yang was to be a “co- parent” of the child knowing that being a co-parent was contrary to the agreement between Plaintiff and Yang. On April 24, 2018, the action was commenced for: 1. Fraud 2. Fraudulent Concealment 3. In...

Excerpt: ...ually and as Successor in Interest to the Estate of NOAH CUATRO; A.C. (“AC”), a minor, 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 [1] allege the following against Defendants COUNTY OF LOS ANGELES (“County”) and HATHAWAY-SYCAMORES CHILD AND FAMILY SERVICE...

Excerpt: ...rs that Plaintiff “keeps his medical license for insurance fraud,” which was intended to hurt Plaintiff's reputation. (Complaint p. 4 of 4 of PDF.) [1] Plaintiff claims he has been damaged in an amount of $500,000. On March 29, 2023, Plaintiff filed suit. On June 9, 2023, Defendant filed the instant motion. On July 6, 2023, Plaintiff filed his opposition. On July 12, 2023, Defendant filed her Reply. Legal Standard “A SLAPP suit is a meritle...

Excerpt: ... May, 22, 2023, Plaintiff filed the instant application for default judgment. Legal Standard California 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 ...

Excerpt: ... LOPEZ (“Lopez Defendants”); E.L. ENGINEERING (“EL”); HASZ FUND CONTROL, INC.; SURETEC INSURANCE COMPANY; HUDSON INSURANCE COMPANY; STATE NATIONAL INSURANCE COMPANY: Plaintiffs and Lopez Defendants and EL (occasionally, “Defaulting Defendants”) entered into a written proposal whereby Lopez Defendants/EL, the contractors, would build the home. Defendant Hasz provided construction fund control services and inspection. On April 7, 2021, ...

Excerpt: ...n (COA) for negligence and negligence per se. On January 5, 2023, Defendant filed his answer. On February 2, 2023, Defendant filed the instant motion for judgment on the pleadings (MJOP). On July 3, 2023, Plaintiff filed her opposition. On July 10, 2023, Defendant filed his reply. [1] Legal Standard Defendant brings forth the MJOP motion pursuant to Code of Civil Procedure (CCP) section 438(c)(1)(B)(ii), which provides that a MJOP may be brought ...

Excerpt: ...kground This case pertains to property located at 914 Lidford Ave., La Puente, CA 91744 (“Property"): Plaintiff CARLOS MORENO alleges the following against Defendants ROSENDO FLORES GONZALEZ (“Defendant Rosendo” or “Defendant”), individually and as Trustee of the Rosendo Flores and Elvia Gonzalez revocable living trust dated June 21, 2018; ELVIA GONZALEZ, individually and as Trustee of the Rosendo Flores and Elvia Gonzalez revocable liv...

Excerpt: ...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 for: 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, Stearns filed its answer and a cross-...

Excerpt: ...covery remains. Background Plaintiffs Robert Hull (“Hull”) and SuperTex Hospitality Investments, LLC (“SuperTex”) (collectively, “Plaintiffs”) allege the following against Defendants WILLIAM G. GILLESPIE; DOUG DENHART; and KELLER WILLIAMS REALTY (collectively, “Defendants”): SuperTex is the owner of the subject property located at 1421-1427 South Garey Avenue, Pomona, CA 91766, commonly known as “Comfort Inn” (“subject prope...

Excerpt: ... that Defendants engaged in illegal commercial marijuana activities at the property. [1] On June 9, 2020, Plaintiff filed a complaint for the ABATEMENT, INJUNCTION, EQUITABLE RELIEF, AND CIVIL PENALTIES. On December 31, 2020, Plaintiff filed an amendment to complaint naming Shi Chang Chen as Doe 1. On May 12, 2021, Li Defendants filed a cross-complaint against Chen, who was the tenant on the property. On April 27, 2023, Plaintiff dismissed the Li...

Excerpt: ...ound This is a wrongful death case. Plaintiffs OSCAR DENA, an individual; MARICELA DENA, an individual; OSCAR MATTHEW DENA, an individual; THOMAS DENA, an individual; and CHRISTINA SENDEJAS, an individual, allege the following against Defendants AURORA CHARTER OAK – LOS ANGELES, LLC, a California limited liability company; AURORA CHARTER OAK HOSPITAL (“Defendant”): On June 5, 2021, Decedent Richard Peter Dena (“decedent” or “Richard�...

Excerpt: ...ch showed over fifteen health and safety code and ten building code violations. (See Petition ¶¶29, 30.) [1] On January 23, 2023, the City filed the instant motion. On February 15, 2023, the court continued the hearing on the motion for untimely service. On June 7, 2023, the City filed a Supplemental Declaration in support of its motion. On June 23, 2023, Defendant filed a Motion to Tax Costs (hearing set for November 2, 2023). On June 27, 2023...

Excerpt: ...irst Amended Complaint (“FAC”) asserting 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 (CLRA) On February 14, 2023, Defendant filed the instant demurrer with a motion to strike. On June 16, 2023, Plaintiff filed its opposition....

Excerpt: ...t against Defendant, for a total judgment of $67,735.00. On March 27, 2023, Defendant filed the instant motion to set aside the default judgment (“Motion”). [1] On April 11, 2023, Plaintiff filed its opposition to the Motion. To date, as of Friday, June 30, 2023 at 12 PM, no Reply has been received (due 5 court days before hearing [Thursday, June 29]). Legal Standard [2] CCP section 473 subdivision (b) allows a court to vacate a prior order u...

Excerpt: ...rnative to Correct Arbitration Award.” On August 2, 2019, Judgement Confirming Arbitration Award was filed. On March 14, 2022, an ‘Appeal—Opinion Received B301519' was filed. On May 25, 2022, an ‘Appeal—Remittitur—Affirmed B301519' was filed. On July 1, 2022, a Motion for Attorney Fees, which the court denied on December 8, 2022. On February 7, 2023, Petitioner filed the instant motion for attorney fees. On March 29, 2023, Respondent ...

Excerpt: ...ation, the work was not completed. Additionally, Defendants are unlicensed contractors. On October 31, 2021, Plaintiff filed suit. On March 10, 2021, Plaintiff filed a FAC for 1. DISGORGEMENT PURSUANT TO BUSINESS AND PROFESSIONS CODE §7031 and 2. FRAUD AND INTENTIONAL DECEIT. On June 29, 2022, Defendants filed their answer alleging the work was near completed but Plaintiff refused to pay the balance. On April 11, 2023, Plaintiff filed the instan...

Excerpt: ...ANCE CO., A CALIFORNIA CORPORATION; AND COY WALLACE: Defendant Geico issued Defendant Wallace a check for property damage. Despite cashing the check at Plaintiff EZ Cash, Defendant Wallace asked Geico to reissue the $36,000 check, which then EZ Cash was unable to cash. [1] On May 18, 2021, Plaintiff filed suit. On April 15, 2022, Plaintiff filed a Proof of Service, after OSCs regarding the failure to file such proof of service. On May 25, 2022, D...

Excerpt: ...dominal 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 Doe 1. On August 24, 2021, Plaintiff named Edwin Edillon, M.D., as Doe 4....