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....

Excerpt: ...vant legal authority and in what ways the FAC could be amended. Background This case involves real property. Plaintiff Martha Ismelda Morales (“Plaintiff”) alleges the following against Defendants: In May 2019, Plaintiff sought the help of Defendant Marquez, the principal of CMG, [2] to transfer the subject property from her uncle to Plaintiff. Instead, Defendant Marquez “induced Plaintiff and Mr. Fuentes into signing blank pages that they ...

Excerpt: ...d Doe High School (“Defendants”): In 1978, Plaintiff, when Plaintiff 14 years old, he was the victim of sexual abuse by his then- English high school teacher, Fred Contreras (hereinafter, “Perpetrator”), who is now deceased. (FAC ¶¶ 5-7.) Plaintiff alleges that Defendants knew or should have known that the Perpetrator engaged in unlawful conduct (FAC ¶19) and that Defendants failed to take prevent such abuse (¶20). On November 22, 202...

Excerpt: ...”) (collectively, “Defendant Pena”): Plaintiff was acting as a site inspector for the State of California Department of Transportation (“DOT”) when he arrived at a worksite where he was then struck by a copper wire maintained by Defendants. [1] On September 14, 2020, Plaintiffs filed suit for general negligence. On January 3, 2023, Plaintiffs filed their first amended complaint (“FAC”), after the court granted leave to amend to asse...

Excerpt: ...(“Defendant”) relating to the purchase of a 2014 Chevrolet Cruz. On November 21, 2022, the court sustained Defendant's first demurrer with leave to amend. On December 21, 2022, Plaintiffs filed their First Amended Complaint (“FAC”), to which Defendants filed a demurrer that the court sustained. On April 24, 2023, Plaintiffs filed their SAC. On May 24, 2023, Defendant filed its Demurrer with a motion to strike. On June 14, 2023, Plaintiffs...

Excerpt: ...efendant Jared. Background This case arises from a motor vehicle accident. Plaintiff JOHN HENRY LEE and DANIEL LEE (“Plaintiff Daniel”) (collectively, “Plaintiffs”) allege the following against Defendants JARED ANDREW PAREDES (“Defendant Jared”), ANDREW PEREDES (“Defendant Andrew”), [1] the CITY OF AZUSA, and CITY OF COVINA: Decedent Milagros Isabel Lee (“decedent”) was operating her vehicle with her son, Plaintiff Daniel, as ...

Excerpt: ... SCHOOL, CHERYL BONNER (“Bonner”), and VIRGINIA KELSEN (“Kelsen”) (collectively, Defendants”) [1] : On December 13, 2021 during her 5 th grade year, Plaintiff was sexually abused and bullied by a male student, John Doe, wherein he hit Plaintiff's buttocks, pinched her waist, and groped her breasts. (Complaint ¶23.) Plaintiff and four other students, who were also abused by John Doe, told school officials, but Plaintiff's Mother was not...

Excerpt: ...echeng Li. Plaintiff alleges that commencing on or about May 19, 2019, the Hospital's and Dr. Vermani's negligent and intentional conduct caused the decedent's death on June 3, 2019. On June 1, 2020, Plaintiff filed the instant action. On March 30, 2021, Plaintiff filed her Second Amended Complaint (“SAC”) against Defendants for: 1. WRONGFUL DEATH-MEDICAL MALPRACTICE; 2. SURVIVAL ACTION; 3. FRAUD/DECEIT/INTENTIONAL MISREPRESENTATIONS; 4. ELDE...

Excerpt: ...�). In 1984, when she was a junior in high school, Plaintiff served as John Fernandez's (“Perpetrator” or “Fernandez”) teaching assistant. Throughout the year, the Perpetrator made sexually inappropriate comments to Plaintiff. On one occasion, Plaintiff asked another teacher at the high school what to do, but the teacher did not help nor report the matter. (Complaint ¶9.) Then, while alone in the classroom, the Perpetrator sexually assau...

Excerpt: ...ndant LAWYERS REALTY BROKERAGE. On February 24, 2023, default was entered against Defendant. On May 3, 2023, Plaintiff filed the instant application for entry of default judgment. Discussion The application is denied without prejudice mainly because it is unclear as to the damages sought. The complaint seeks damages of $31,157.59 in past-due rent, reasonable attorney fees, forfeiture of the agreement, and damages at the rate stated in item 13 (th...

Excerpt: ...individual, JON WILLIAM HOSEA, an individual, and DOES 1 THROUGH 50, Inclusive, (collectively, “Defendants” and/or “Defendant”): Defendants were recklessly driving and caused a collision with Plaintiffs' vehicle. Defendants were “high-beaming” and overtaking one another when they lost control of their vehicles and caused the crash. On July 7, 2021, Plaintiffs filed suit against Defendants for: 1. Negligence 2. Negligence Per Se and 3....

Excerpt: ...ndant owned the other one-half in fee simple. However, on March 1, 2022, after decedent's death, Defendant illegally and fraudulently converted the 50% interest belonging to the Decedent to herself by recording an affidavit of Death of Joint Tenant in total disregard of the Probate case, which Defendant appeared at the hearings but stop making appearances after March 1, 2022. On July 19, 2022, Plaintiff filed a verified complaint for PARTITION OF...

Excerpt: ...conduct) and SUSTAINED (i.e., as to the 5 th cause of action for negligent mishandling of a corpse, with leave to amend which is TBD at the hearing. [1] (4) DEFENDANT VITAS HEALTHCARE'S MOTION TO STRIKE PORTIONS OF PLAINTIFFS' SECOND AMENDED COMPLAINT is DENIED. Background This case arises from the death of James Elmer Brost (“decedent”) and the alleged mishandling of his corpse. Plaintiffs PHYLLIS BROST, as an individual and successor in int...

Excerpt: ...filed suit. [2] On May 22, 2023, American Honda Motor Co., Inc. (“AHM”), Honda of America Mfg., Inc. (“HAM”), and Stockton Auto Cars, Inc. dba Stockton Honda (the “Honda Defendants”) filed the instant Motion to Seal and Motion for Determination of Good Faith Settlement (“Motion). Honda Defendants also filed a Notice Of Lodging Documents Conditionally Under Seal. [3] Legal Standard for Motion to Seal A party that requests that a reco...

Excerpt: ...violating Defendant's sexual harassment policy, which was an excuse to terminate Plaintiff for making various complaints to Human Resources (HR) about workplace harassment. On March 25, 2021, Plaintiff filed suit for: 1. Wrongful Termination in Violation of Public Policy 2. Breach Of Contract and Covenant of Good Faith and Fair Dealing 3. Retaliation In Violation of Labor Code §§ 98.6 & 1102.5 On July 26, 2022, Defendant filed the instant MSJ. ...