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...

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...

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...

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...

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...

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...

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...

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: ...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...

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...

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...

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: ...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: ... 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: ...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...