Excerpt: ...e of Deposition served on October 13, 2023. The Court GRANTS Plaintiff's request for monetary sanctions only as to Defendant Sumbale Trucks LLC in the reduced amount of $2,386.05, comprised of 3.0 hours preparing the motion, 1.5 hours for reviewing the opposition and preparing the reply, and 1.0 hour for appearing at the hearing on the motion, for a total of 5.5 hours, multiplied by the hourly rate of $250.00 for a total of $1,375.00, plus $1,011...

Excerpt: ... this order. BACKGROUND This is a breach of contract case. On December 6, 2021, plaintiff Archtic, LLC (Plaintiff) filed this action against defendants Fervino, Inc. dba Slater's 50-50 (Fervino), Raul Trevino, and Does 1 through 50, alleging causes of action for breach of contract, open book account, account stated, reasonable value of labor and materials furnished, violations of prompt payment statutes, and foreclosure of mechanic's lien. On Apr...

Excerpt: ...s Center, L.P. (Plaintiff) filed this action against Defendants A211 Incorporation (A211), Jung Il Jang (Jang) (collectively, Defendants), and Does 1 to 10, alleging causes of action for breach of written lease agreement (as against A211), breach of written guaranty (as against Jang), and for common counts as to all Defendants. On September 27, 2023, Plaintiff filed the instant motion for summary judgment, which also included a request for dismis...

Excerpt: ... to whether the defects in the Fourth Cause of Action can be cured through amendment. Plaintiff shall file and serve an Amended Complaint within 20 days of the Court's order. Defendant Tucker Lincoln is ordered to give notice of the Court's ruling and file proof of service of same within five days of the Court's order. BACKGROUND This is a nuisance action relating to the illegal sales of cannabis. On March 16, 2022, plaintiff City of El Monte (Pl...

Excerpt: ...auses of action for breach of written agreement, open book account, and account stated. Default was entered against Defendant on September 5, 2023. Plaintiff previously submitted a default judgment package on September 8, 2023, which was denied without prejudice on October 16, 2023. Plaintiff submitted a default judgment package again on October 20, 2023. LEGAL STANDARD Code of Civil Procedure section 585 permits entry of a default judgment after...

Excerpt: ...g and provide proof of service of same within twenty calendar days of the Court's order. BACKGROUND On August 24, 2023, plaintiff Veda Scott (Plaintiff) filed this action against defendant John Stewart Company (Defendant), alleging causes of action for “elderly abuse fraudulent charges,” “dirty conditions in senior living that they manage,” and “stress and duress, retaliation three day notice.” On November 9, 2023, Defendant filed a d...

Excerpt: ...o, Joanna Aranda (collectively, Defendants), and Does 1 through 50, alleging causes of action for breach of contract and common counts. Default was entered against the Defendants on May 2, 2023. Plaintiffs filed the instant request for entry of default judgment on October 6, 2023. LEGAL STANDARD Code of Civil Procedure section 585 permits entry of a default judgment after a party has failed to timely respond or appear. (Code Civ. Proc., § 585.) ...

Excerpt: ...uest for Production of Documents, Set One. Plaintiff must provide verified, code-compliant responses without objections and responsive documents within 20 days of the Court's order. The Court further GRANTS Defendant's request for monetary sanctions in the reduced amount of $435.00. Plaintiff must pay said monetary sanctions to counsel for Defendant within 20 days of the Court's order. Defendant is ordered to give notice of the Court's ruling wit...

Excerpt: ...f this ruling and file proof of service of same within five calendar days. BACKGROUND This is an involuntary dissolution action. On May 21, 2021, Plaintiff Maria Angela Rodriguez (Plaintiff) filed this action against Defendants Mercado Latino, Inc. (Mercado Latino), Grosac, Inc. (Grosac), Richard Yarruths Rodriguez (Richard), Roberto Rodriguez (Roberto), Jorge Rodriguez (Jorge) (collectively, Defendants) and Does 1 through 50 for involuntary diss...

Excerpt: ...on of the issues, to permit further discovery to be conducted. The new hearing date will be set pending the December 5, 2023 hearing on this matter. Plaintiff's supplemental opposition, if any, will be due 14 days before the new hearing date per Code of Civil Procedure section 437c, subdivision (b)(2). Defendant's supplemental reply, if any, will be due five days before the new hearing date per Code of Civil Procedure section 437c, subdivision (b...

Excerpt: ...ry 14, 2018, Plaintiffs Bharat Patel (Bharat) and Dinesh Patel (Dinesh) filed this action (KC070042) against Dr. Prakash Patel and Does 1 through 10, alleging causes of action for breach of settlement agreement and fraud. On March 16, 2020, Prakash Patel (Prakash) and Hardika Patel (Hardika) filed a separate action (20STCV10801) against Bharat Patel, Dinesh Patel, and Does 1 through 100, alleging causes of action for voiding and rescission of fir...

Excerpt: ...tiff) filed this action against defendants Ford Motor Company (FMC), Puente Hills Ford, and Does 1 through 10, alleging causes of action for violation of subdivision (d) of Civil Code section 1793.2, violation of subdivision (b) of Civil Code section 1793.2, violation of subdivision (a)(3) of Civil Code section 1793.2, breach of the implied warranty of merchantability, fraudulent inducement – concealment, negligent repair, violation of Consumer...

Excerpt: ... and Bingwei Guan are ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a breach of contract case. On October 6, 2023, plaintiff Yuzheng Chen (Plaintiff) filed this action against defendants Longji Guan, Xiuhua Liang, Bingwei Guan (Guan), Yudan Li (Li) (collectively, Defendants), and Does 1 through 4, alleging one cause of action for breach of contract. On November 6, 2023, Defendants Guan an...

Excerpt: ... Inc. (Defendant), alleging causes of action for breach of contract and common counts. Default was entered against Defendant on July 18, 2023. On September 7, 2023, Plaintiff submitted a default judgment package. On November 16, 2023, at Plaintiff's request, the Court continued the hearing on Plaintiff's request for entry of default judgment for Plaintiff to either file a corrected judgment or a declaration in support of the request for attorney'...

Excerpt: ...nlawful detainer action. On March 16, 2023, plaintiff Staccia Lee (Plaintiff) filed this action against defendants Thomas Harrison, Thomas William Harrison (collectively, Defendants), and Does 1 through 10 for unlawful detainer. On October 30, 2023, Defendants filed a demurrer to the Complaint. On November 17, 2023, Plaintiff filed an opposition. On November 27, 2023, Defendants filed their reply. LEGAL STANDARD A demurrer is a pleading used to t...

Excerpt: ...endar days of this order. BACKGROUND This is an action arising from a motor vehicle accident. On December 12, 2022, Plaintiffs Gumersindo Arroyo and Magdalena Arroyo (“Plaintiffs”) filed a complaint against Defendants Ramiro Aguilar (“Aguilar”), Elizabeth Edelman (“Edelman”) (collectively, “Defendants”), and Does 1 through 25, alleging a single cause of action for negligence. On February 17, 2023, Plaintiffs filed a proof of servi...

Excerpt: ..., and fourth causes of action in the FAC without leave to amend. Plaintiff has not met his burden in showing a reasonable possibility of how such causes of action can be amended to state valid causes of action. The Court OVERRULES the demurrer to the fifth cause of action in the FAC. The Court GRANTS the motion to strike paragraphs 35, 40 and 41 without leave to amend. The Court also GRANTS the motion to strike paragraph 84 and prayer for relief ...

Excerpt: ...for attorney's fees and costs is DENIED. BACKGROUND This is an action to quiet title. On February 15, 2022, Dolores Cortes, Vanessa Garcia, and Stephanie Valeria Garcia (collectively, Plaintiffs) filed a complaint against Jose Garcia (Defendant or Jose), Freedom Mortgage, and Does 1-100, alleging the following causes of action: (1) quiet title, (2) partition, (3) fraud, (4) intentional infliction of emotional distress, and (5) constructive trust....

Excerpt: ...nd Does 1 to 10. On July 10, 2023, Defendant filed a demurrer to the complaint, which was set for a hearing on August 29, 2023. On August 11, 2023, the Court continued the hearing on Defendant's demurrer from August 29, 2023 to September 27, 2023. On September 13, 2023, Plaintiff West Coast Consulting Services LLC dba WCS Restoration LLC (“Plaintiff”) filed the operative First Amended Complaint (“FAC”) alleging causes of action for breach...

Excerpt: ...d Judgment within 10 calendar days of this order. BACKGROUND This is a medical service provider payment dispute. On November 14, 2017, Plaintiff Pomona Valley Hospital Medical Center (Plaintiff) filed this action against Defendants Kaiser Foundation Health Plan, Inc. (Kaiser), Kaiser Permanente Insurance Company, Kaiser Foundation Hospitals, The Permanente Medical Group, Southern California Permanente Medical Group, and Does 1 through 100, allegi...

Excerpt: ...five calendar days of this order. BACKGROUND This is a premises liability action. On August 11, 2023, Plaintiff Guillermina Buenrostro (Plaintiff) filed this action against Defendant City of West Covina (Defendant) and Does 1 to 10, alleging a cause of action for premises liability. On September 13, 2023, Plaintiff filed the operative First Amended Complaint (FAC). On October 13, 2023, Defendant filed the instant motion to strike. On November 1, ...

Excerpt: ...e of the Court's ruling and file proof of service of same within five calendar days of this order. BACKGROUND This is a breach of contract case. On December 12, 2017, Plaintiffs Yan Li and Mesarica Management, LLC (“Plaintiffs”) filed this action against Defendants April Lin, Han International Group, Inc., Shigang Li, Jui Yuan Cheng, Moon Management Consulting, LLC and Does 1 through 10 (collectively, “Defendants”). On January 12, 2018, D...

Excerpt: ...uto accident case. On February 14, 2023, Plaintiff Shanhui Zhu (Plaintiff) filed this action against Defendant Shiyi Zhang (Defendant), and Does 1 to 100, alleging causes of action for motor vehicle and general negligence. Plaintiff then filed the operative First Amended Complaint (FAC) on February 24, 2023. On October 6, 2023, Plaintiff filed the instant motion for leave to file Second Amended Complaint. The motion is unopposed. LEGAL STANDARD C...

Excerpt: .... On April 5, 2023, Plaintiff Gabriela Moreno (Plaintiff) filed this action against Defendants Executive Law Property Group LLC (Executive Law), Mukhtair Kundi, M.D., The Neurology Group, Inc. (collectively, Defendants), and Does 1 to 20, alleging causes of action for premises liability and general negligence. On October 12, 2023, Plaintiff filed a motion for leave to file First Amended Complaint to amend complaint [sic] the cause of action for g...

Excerpt: ...tif) and Alaa Latif, M.D., Inc. (Latif Inc.) (collectively, Petitioners), filed the instant petition to correct/vacate arbitration award in connection with an arbitration against Respondent Pomona Valley Hospital Medical Center (Respondent). On September 6, 2023, Respondent opposed the petition. On September 20, 2023, Petitioners replied. LEGAL STANDARD “Subject to Section 1286.8, the court, unless it vacates the award pursuant to Section 1286....

Excerpt: ...Plaintiff's request for monetary sanctions in the reduced amount of $510.00 against Defendant Tai-Li Chu. Said monetary sanctions are to be paid within 20 days of the Court's order. The Court DENIES Plaintiff's motion for an order compelling responses to first set Form Interrogatories as moot. The Court GRANTS Plaintiff's request for monetary sanctions in the reduced amount of $510.00 against Defendant Tai-Li Chu. Said monetary sanctions are to b...

Excerpt: ...of the original Complaint. Defendant Jinghan Zhang is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a real property dispute. On August 14, 2023, Plaintiff Weijun Zhang (Plaintiff) filed this action against Defendants Bolun Zhang, Jinghan Zhang (Jinghan), All Good Escrow, Inc., Taikoo Supply Chain, Inc. (collectively, Defendants), and Does 1 through 20, alleging causes of action for promis...

Excerpt: ... one cause of action for Violations of the Unruh Civil Rights Act, California Civil Code § 51 et seq. On January 31, 2023, Plaintiff filed the operative First Amended Complaint (FAC), alleging the same cause of action against Defendant. On October 3, 2023, Plaintiff filed the instant motion to serve Defendant through Secretary of State. The motion is unopposed. LEGAL STANDARD “A summons may be served on a corporation by delivering a copy of th...

Excerpt: ...utomobile accident and the subsequent litigation. On January 31, 2020, Plaintiff Bin Yang was involved in an automobile accident with Defendant Thomas Ton (Ton). After Plaintiff filed a claim with Ton's insurer, Defendant Mercury Insurance Company (Mercury Insurance), Plaintiff alleges Mercury Insurance determined Plaintiff's vehicle was totaled and only allowed Plaintiff to rent a replacement vehicle for five days. As a result of Plaintiff's dea...

Excerpt: ...and Above All Cleaning Corp. (“Lessee”) on the other (the “Lease Agreement”). Defendant Brett Martin Tobin dba Above All Cleaning Corp. adba BT Construction Co (“Defendant”) executed a guaranty for the payment of all sums Lessee owed under the Lease Agreement (the “Guaranty”). On approximately January 22, 2020, Lessee defaulted under the Lease Agreement. Lessor subsequently assigned the Lease and Guaranty to Plaintiff. Defendant h...

Excerpt: ...personal injury action. On April 11, 2023, Plaintiff Martin Castillo (Plaintiff) filed this action against Defendant Langer Juice Company, Inc. (Defendant) and Does 1 through 100, alleging causes of action for premises liability and general negligence. On July 21, 2023, Plaintiff filed the operative First Amended Complaint (FAC), alleging the same causes of action against Defendant.[1] On September 5, 2023, Defendant filed the instant demurrer to...

Excerpt: ...November 3, 2022, Plaintiff Red Target, LLC dba SCJ Commercial Financial Services, successor in interest to Financial Pacific Leasing, Inc. (Plaintiff) filed this action against Dental Arts of Southern California, Inc., George Kalo (Kalo) (collectively, Defendants) and Does 1 to 10, alleging one cause of action for breach of contract. On June 26, 2023, Plaintiff obtained entry of default judgment against Defendants. On September 25, 2023, Kalo fi...

Excerpt: ...ion. On August 20, 2020, Plaintiff Steven Anthony Montoya (Plaintiff) filed this action against Defendants San Dimas Community Hospital, Ralph E. Conner, D.O., Emergent Medical Associates, Dr. Hakak, Crunch Fitness, County of Los Angeles, Los Angeles County Sheriff's Department, and Does 1 through 200, alleging causes of action for medical negligence, negligence, false imprisonment depravation [sic] of right under color of state law, depravation ...

Excerpt: ...c. (Defendant) for products liability and general negligence. On July 31, 2023, Plaintiff obtained entry of default against Defendant. On September 28, 2023, Defendant filed the instant motion to set aside default. Plaintiff has not opposed the motion. LEGAL STANDARD “T]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her t...

Excerpt: ...occurred between 1987 and 1988 and the recent enactment of AB 218 which revived a plaintiff's right to pursue childhood sexual assault claims. On August 17, 2022, Plaintiff Hector Olavarria, Jr. (Plaintiff) filed this action. Plaintiff filed the operative Second Amended Complaint (SAC) on October 26, 2022, against Defendant El Monte Union High School District (Defendant) and Does 1 through 50, alleging causes of action for negligence, negligence ...

Excerpt: ...e an Answer to the Complaint within ten calendar days of this order. Defendant is further ordered to give notice of the Court's ruling and file proof of service of same within five calendar days of this order. BACKGROUND This is a habitability case. On June 1, 2023, Plaintiffs Alan Aguilar and Karina Cervantes Ruiz (collectively, Plaintiffs) filed this action against Defendant Thong H Pham (Defendant) and Does 1 through 100, alleging causes of ac...

Excerpt: ...intiff did not oppose the demurrer, the Court will allow Plaintiff an opportunity to make an offer of proof as to why leave to amend should be granted. The Court DENIES the motion to strike as moot. Defendant is ordered to give notice of the Court's ruling and file a proof of service of same within five calendar days of the Court's order. BACKGROUND This is an elder abuse case. On November 2, 2022, Plaintiff Kung Alan Chang (Plaintiff), by and th...

Excerpt: ...Mariza Puasangre Munoz (Plaintiff) filed this action against Defendants PAMA Management, Inc. (erroneously sued as PAMA Management, Co.) (PAMA), Group XII Properties LP (Group XII), and Does 1 to 50, alleging causes of action for premises liability and general negligence. On August 1, 2023, PAMA filed a motion for summary judgment. The motion is unopposed. No trial date is currently set. LEGAL STANDARD The function of a motion for summary judgmen...

Excerpt: ...leros and Jocelyn Sicat (collectively, Plaintiffs) filed this action on January 18, 2023, against Defendant Bida Home Health, Inc., dba California Health, a California Corporation (Defendant) and Does 1 to 10, alleging the sole cause of action for unlawful detainer. On July 7, 2023, default was entered. On August 14, 2023, Plaintiffs submitted documents in support of their request for entry of default judgment. LEGAL STANDARD Code of Civil Proced...

Excerpt: ... notice of this ruling and file proof of service of same within five days. BACKGROUND On October 20, 2022, Plaintiff Goldman Sachs Bank USA (Plaintiff) filed this action against Defendant Rowena Larowa (Defendant) for common counts in connection with a loan. On March 14, 2023, Plaintiff filed a motion for summary judgment or in the alternative for summary adjudication. Defendant did not oppose the motion. On August 1, 2023, the Court continued th...

Excerpt: ...fendant Kelsen and OVERRULES as to Defendants GUSD and Bonner. The Court SUSTAINS the demurrer to the Sixth Cause of Action as to Defendant Kelsen and OVERRULES as to Defendants GUSD and Bonner. Plaintiffs can make an offer of proof as to why leave to amend should be granted as to Defendant Kelsen. BACKGROUND This case arises from a sexual assault. On January 1, 2023, Plaintiffs Jane Doe (Daughter), a minor by and through her guardian ad litem, J...

Excerpt: ...rvice of same within five days of this order. BACKGROUND This is an employment case. On November 18, 2022, Plaintiff Elizabeth T. Baker (Plaintiff) filed this action against Defendants Pomona Valley Hospital Medical Center, Kelly Jacobson, Kathleen Majeski, Sherly Agustin, Deeann Gibbs (collectively, Defendants) and Does 1 to 50, alleging causes of action for discrimination on the basis of disability, discrimination on the basis of race/ethnicity...

Excerpt: ...against Defendant Ford Motor Company (Defendant) and Does 1 through 50. On June 26, 2023, Plaintiff filed the operative First Amended Complaint (FAC), alleging causes of action for violation of subdivision (d) of Civil Code section 1793.2, violation of subdivision (b) of Civil Code section 1793.2, subdivision (a)(3) of Civil Code section 1793.2, breach of express written warranty, breach of the implied warranty of merchantability, violations of t...

Excerpt: ...aintiff), filed this action against Defendants Euro M Tech Transmissions, a California Corporation (Euro), Surong Jiang, an individual (Jiang) (collectively, Defendants), and Does 1 to 10. On January 26, 2023, Plaintiffs filed the operative First Amended Complaint (FAC), alleging causes of action for breach of contract and conversion. Default was entered against Defendants on March 3, 2023. Plaintiff filed a request for entry of default judgment ...

Excerpt: ... order and file proof of service of same within five calendar days of the Court's order. BACKGROUND This is an unlawful detainer action. On March 16, 2023, Plaintiff Staccia Lee (Plaintiff) filed this action against Defendants Thomas Harrison, Thomas William Harrison (collectively, Defendants), and Does 1 through 10 for unlawful detainer. On April 11, 2023, Defendants filed a motion to quash service of summons. On June 7, 2023, Plaintiff opposed ...

Excerpt: ... GRANTS the motion to strike paragraph 109, lines 2-3, but DENIES the motion to strike paragraph 133, lines 4-5 and Prayer for Relief, paragraph 6 at page 37, line 16. Defendant All Caring Solutions must file an Answer to the Third Amended Complaint within 20 calendar days of the Court's order. Plaintiffs are ordered to give notice of the Court's order herein and provide proof of service of same within five calendar days of the Court's order. BAC...

Excerpt: ...2023, Plaintiffs Bin Xu (Xu), individually and derivatively on behalf of X-Planet LLC, and Shenzhen FAMO Technology Co., Ltd (FAMO) (collectively, Plaintiffs) filed this action against Defendants TMD Shops LLC (TMD), Yuan Zhou (Zhou), Xiaoyu Li (Li) (collectively, Moving Parties), X-Planet LLC (X-Planet), and Does 1 through 25, alleging causes of action for conversion (derivative), breach of fiduciary duties (direct), breach of fiduciary duties (...

Excerpt: ...aint. If no Answer is filed on behalf of Defendant Cosmic Cell Productions, LLC by an attorney licensed to practice law in California, then Plaintiff may request to enter a default as to Defendant Cosmic Cell Productions, LLC. Plaintiff is ordered to give notice and provide proof of service of same within five calendar days of the Court's order. BACKGROUND This is a breach of contract case. On May 17, 2023, Plaintiff Sellers Funding International...

Excerpt: ... of action for breach of contract, fraud, and breach of fiduciary duty.[1] On June 12, 2023, Chen filed a demurrer to Plaintiff's complaint. On July 28, 2023, Plaintiff opposed the demurrer. On August 3, 2023, Chen replied. MEET AND CONFER Plaintiff contends that Chen did not adequately meet and confer before filing this demurrer. (Code Civ. Proc., § 430.41.) However, inadequately meeting and conferring cannot be a basis for overruling a demurre...

Excerpt: ...usiness dispute. On April 20, 2023, Plaintiffs S. Mandilawi, M.D., Medical Corporation and Sadiq Mandilawi (Mandilawi) (collectively, Plaintiffs) filed this action against Defendants Asif Siddiq (Siddiq), Basima Latif (Latif) (collectively, Defendants)[1] and Does 1 through 50, alleging causes of action for fraudulent inducement into contract, intentional misrepresentation, negligent misrepresentation, breach of fiduciary duty, intentional interf...

Excerpt: ...t's ruling within five calendar days of this order. BACKGROUND This is a lemon law action. On July 14, 2022, Plaintiff Enbozhia Boudoin (Plaintiff) filed this action against Defendant Mercedes-Benz USA, LLC (Defendant) and Does 1 through 10, alleging causes of action for violation of Song-Beverly Act – Breach of Express Warranty, violation of Song-Beverly Act – Breach of Implied Warranty, and violation of the Song-Beverly Act section 1793.2, ...

Excerpt: ...der. BACKGROUND This is a bad faith insurance dispute. On August 15, 2022, Plaintiff Robert Kasner (Plaintiff) filed this action against Defendant State Farm General Insurance Company (Defendant) and Does 1 through 50. On June 13, 2023, Plaintiff filed the operative First Amended Complaint (FAC), which alleges causes of action for breach of insurance contract, breach of covenant of good faith and fair dealing, and fraud (concealment). On August 8...

Excerpt: ...n and any work-related incidents that caused Plaintiff any injuries/symptoms identical to the ones he claimed were caused by the incident: (1) Plaintiff's neck, back, head, and upper and lower extremities, (2) complaints of dizziness, (3) complaints of headaches, (4) complaints of sensitivity to light, (5) complaints of ringing in his ears, (6) complaints of mental fogginess, (7) complaints of having trouble with focusing and concentrating, (8) c...

Excerpt: ...ed by the hourly rate of $250.00. The Court will hear from the parties on the issue of sanctions. Defendant is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a medical malpractice case. On May 26, 2023, Plaintiff Kiarash Noorizadeh (Plaintiff) filed this action against Dr. Maxwell Nazari 618 N. Diamond Bar Blvd, Diamond Bar, CA 91765 (Defendant), alleging causes of action for medical malpr...

Excerpt: ...rdered to give notice and provide proof of service of same within five calendar days of the Court's order. BACKGROUND This is an ADA/Unruh Civil Rights Act case. On May 16, 2022, Plaintiff Gabriela Cabrera (Plaintiff) filed this action against Defendant Bost Land, LLC (Defendant) and Does 1 to 10, alleging one cause of action for violations of the Unruh Civil Rights Act. On July 25, 2022, Defendant filed an answer to the complaint. On May 31, 202...

Excerpt: ...aint within 20 days of the Court's ruling on the demurrer of Defendant Wiefels & Son, Inc. d/b/a All Caring Solutions, which is set for hearing on October 12, 2023. The Court DENIES Defendant Vitas' motion to strike. Defendant Vitas Healthcare is ordered to give notice of the Court's order herein and provide proof of service of same within five calendar days of the Court's order. BACKGROUND This case arises from the death of James Elmer Brost (De...

Excerpt: ...esentation. The demurrer is otherwise OVERRULED. Defendants' motion to strike is GRANTED as to the requests for attorney's fees and punitive damages in the prayer for relief, paragraphs 3 and 4 on page 10 of the Complaint. The motion to strike is otherwise DENIED. Plaintiff is ordered to file an amended complaint within 10 days of the date of this order if it chooses to amend the fifth and sixth causes of action. BACKGROUND On April 3, 2023, Plai...

Excerpt: ...es 1 through 10, alleging causes of action for violation of Song-Beverly Act – breach of express warranty, fraudulent inducement – intentional misrepresentation, and fraudulent inducement - concealment. On March 2, 2023, Defendant filed the instant motion to compel arbitration. On August 23, 2023, Plaintiff opposed the motion. On September 25, 2023, Defendant filed a reply. LEGAL STANDARD Parties may be compelled to arbitrate a dispute upon t...

Excerpt: ... adjudication on the First Amended Cross-Complaint. Defendant Wang is ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND This is a personal property dispute. On December 29, 2018, Plaintiffs Troy Trang (Troy) and Ling Yin (Ling) (collectively, Plaintiffs) filed this action against Defendant Shu Wang (Wang) and other defendants who have since been dismissed from this action. On September 12, 2019, Plai...

Excerpt: ...ith insurance claim as moot since the SAC does not allege a cause of action for bad faith insurance. The Court DENIES the motion to strike as moot. Defendant Mercury Insurance is ordered to give notice and provide proof of service of same within five calendar days of the Court's order. BACKGROUND This is an action arising from an automobile accident and the subsequent litigation. On January 31, 2020, Plaintiff Bin Yang was involved in an automobi...

Excerpt: ...On November 23, 2022, Plaintiff Antonio Fernandez (Plaintiff) filed this action against Defendant J & D Liquor, Inc. (Defendant), alleging two causes of action for violations of the Unruh Civil Rights Act and violations of the California Disabled Persons Act. Following the filing of a demurrer to the original Complaint, Plaintiff filed the operative First Amended Complaint (FAC) on May 23, 2023, alleging the same causes of action against Defendan...

Excerpt: ... ordered to give notice of the Court's ruling within five calendar days of this order. BACKGROUND On November 9, 2022, Plaintiffs Joy Yin and Ho Seong Lee (collectively, Plaintiffs) filed this action against Defendants Nicholas Simmons (Nicholas), Cathy Simmons (Cathy), Praeger Metis, CPAs (Praeger), Genetrix George (Genetrix) (collectively, Defendants), and Does 1 to 10, alleging causes of action for injury to real property, breach of contract, ...

Excerpt: ... Civil Rights Act case. On October 17, 2022, Plaintiff Rebecca Castillo (Plaintiff) filed this action against Defendant Indarra LLC (Defendant) and Does 1 to 10, alleging one cause of action for violations of the Unruh Civil Rights Act. On March 23, 2023, Defendant filed the instant motion to strike. On September 7, 2023, Plaintiff opposed the motion. On September 25, 2023, Defendant replied. LEGAL STANDARD – Motion to Strike “Any party, with...

Excerpt: ...S the motion to strike. The Court orders Defendant to file an Answer to the First Amended Complaint within ten calendar days of this order. Plaintiffs are ordered to give notice and provide proof of service of same within five days of the Court's order. BACKGROUND This is a wrongful death case. Plaintiffs Rebeca Delgado De Gonzalez (Rebeca), by and through her successor in interest Jorge Gonzalez, and Jorge Gonzalez, individually (together, Plain...

Excerpt: ...d this action against Defendants Emanate Health Intercommunity Hospital, Emanate Health Medical Care Foundation (collectively, Emanate Health) and Does 1 through 100. On July 6, 2023, after the Court sustained a demurrer to the First Amended Complaint (FAC), Plaintiff filed the operative Second Amended Complaint (SAC), alleging the sole cause of action for negligence – medical malpractice. On August 8, 2023, Defendant Emanate Health filed a dem...

Excerpt: ...January 18, 2023, Plaintiff Michael Moreno (Plaintiff) filed this action against Defendants Esther Escandon, Robert M. Ornelas (collectively, Defendants) and Does 1 through 25, alleging causes of action for premises liability and general negligence. After Defendants filed a motion to strike Plaintiff's request for punitive damages, Plaintiff filed the operative First Amended Complaint (FAC) on June 15, 2023, alleging the same causes of action. On...

Excerpt: ...ndar days. Defendant is ordered to give notice and provide proof of service of same within five calendar days. BACKGROUND This is a PAGA case. On March 9, 2023, Plaintiff Rafael Cuellar (Plaintiff) filed this action against Defendant Heniff Transportation Systems, LLC (Defendant) and Does 1 through 50, alleging one cause of action for violation of Labor Code section 2698 et seq., comprised of claims for failure to provide employment records, fail...

Excerpt: ...action against Defendant Valley Power System, Inc. (Defendant) and Does 1 to 100, alleging causes of action for breach of contract, negligence, breach of covenant of good faith and fair dealing, quantum meruit, unjust enrichment, and exemplary damages. On August 14, 2023, Plaintiff filed the instant motion to strike the settlement agreement. On September 13, 2023, Defendant opposed the motion. On September 18, 2023, Plaintiff replied. LEGAL STAND...

Excerpt: ...o Amend His Responses to Plaintiff's First Request for Production of Documents and Produce Responsive Documents, and Request for Monetary Sanctions Against Defendant Roberto Rodriguez and/or His Attorney of Record, Michael Leight, in the Sum of $5,280 TENTATIVE RULING The Court GRANTS Plaintiff's motions to compel further responses. The Court orders Richard to provide further responses with the corresponding responsive documents to Plaintiff's Fi...

Excerpt: ...ntiff Benjamin Chui (Plaintiff) filed this action against Defendants Scott Warmuth, a Professional Corporation dba Law Offices of Scott Warmuth, Scott Warmuth, Yesenia Acosta (collectively, Defendants), and Does 1 through 100, alleging one cause of action for professional negligence. Shortly After Defendants demurred to the original complaint, Plaintiff filed the operative First Amended Complaint (FAC) on May 22, 2023, against the same Defendants...

Excerpt: ...IES Defendants' motion to strike as to request nos. 1-4 on the merits and DENIES the motion to strike as to request nos. 5-7 as moot given that the Court sustained the Demurrer to the Eighth cause of action – Count Two, Tenth cause of action and Twelfth cause of action without leave to amend. The Court GRANTS the motion to compel further responses to Request Numbers 1 and 2. The request for monetary sanctions is GRANTED in the reduced amount of...

Excerpt: ...s a Private Attorneys General Act (PAGA) action. On August 29, 2022, Plaintiff Maria Mora (Plaintiff”) filed this action against Defendants All in the Family, LP, All in the Family II, LP, All in the Family IV, LP, All in the Family V, LLC, All in the Family VI, LLC, Big Huevos Holding, LLC, Big Huevos Holding, LP, Big Huevos Holdings II, LP, Big Huevos Holdings III, LP, Randy Corrigan, Barry Tu (collectively, “Defendants”) and Does 1 throu...

Excerpt: ... Esq. of The Fullman Firm, P.C., counsel for Defendant, filed a motion to be relieved as counsel. The motion is unopposed. LEGAL STANDARD The court has discretion to allow an attorney to withdraw, and such a motion should be granted, provided that there is no prejudice to the client, and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398, 403-40...

Excerpt: ...and Above All Cleaning Corp. (“Lessee”) on the other (the “Lease Agreement”). Defendant Brett Martin Tobin dba Above All Cleaning Corp. adba BT Construction Co (“Defendant”) executed a guaranty for the payment of all sums Lessee owed under the Lease Agreement (the “Guaranty”). On approximately January 22, 2020, Lessee defaulted under the Lease Agreement. Lessor subsequently assigned the Lease and Guaranty to Plaintiff. Defendant h...

Excerpt: ...is order. BACKGROUND On March 13, 2023, Plaintiff Jennifer Avelar Perez (“Plaintiff”) filed this action against Defendants Emanate Health Medical Center dba Emanate Health Queen of the Valley Hospital (“Defendant” or “Queen of the Valley”), Emanate Health Foothill Presbyterian Hospital (“Foothill Presbyterian”), Rosemary Yi, M.D. (“Dr. Yi”), and Does 1 through 100, alleging one cause of action for medical negligence. On June 2...