Excerpt: .... Jose Santoyo Arenas was killed in the explosion. Pedro Chavarin was seriously injured. Plaintiffs allege Arenas's death was the result of multiple factors, including products liability and negligent training. On May 11, 2021, Plaintiffs filed a complaint against Defendants Taylor Machine Works, Inc., Titan International Inc., OTR Wheel Engineering, Inc., Bridgestone America, Inc., Pacific Maritime Association, CMA/CGM, EQT Infrastructure III, P...

Excerpt: ...vil Procedure §425.16 is DENIED. BACKGROUND Plaintiff Christine McCaslin is a hair stylist who owns a business in Los Angeles County known as Salon Touché. Plaintiff alleges Defendant Philip Godlewski posted her contact information and her business information to his over 300,000 Telegram social media followers and encouraged them to leave negative reviews about Salon Touché and harass Plaintiff personally. As a result of Defendant Godlewski's...

Excerpt: ...Complaint alleging three causes of action against George Cashman Jr. (Cashman/Defendant), Cynthia C. Makin, and the GFC Administrative Trust. The Compl aint stemmed from an alleged breach of the “Declaration No. 150 of Establishment of Basic Protective Restrictions, Conditions, Covenants, Reservations, Liens, Charges and Certain Local Restrictions” (CCRs), when Plaintiff discovered that a fence extends beyond Plaintiff's permitted easement in...

Excerpt: ... Complaint against Ralph's Grocery Company, Todd I Schiffman, as trustee of Todd I Schiffman Living Trust dated December 23, 1999 and Xavier Hendrix alleging (1) negligence; (2) negligent hiring; and (3) premises liability. On December 7, 2023, Defendant Alpha Beta Company dba Ralphs filed an answer to the FAC. On March 12, 2024, Plaintiff dismissed Defendant Todd I Schiffman. On April 11, 2024, Plaintiff dismissed Defendant Xavier Hendrix. The o...

Excerpt: ...contract. The Complaint stems from allegations that Defendant made misrepresentations in regard to an alleged contract that was formed between the two parties. The motion now before the Court is Defendant's Demurrer. The Demurrer is unopposed. Meet and Confer “Before filing a demurrer…the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determi...

Excerpt: ...s to the prayer for relief for punitive damages, and GRANTED WITH LEAVE TO AMEND as to Paragraphs 31 and 38 of the complaint. BACKGROUND On January 5, 2024, plaintiff Julia Marie Farris (“Plaintiff”) filed a complaint against defendants Chung Hwang, individually and as trustee of the Hwang Family Trust, Candice Avila, Wense F. Hwang, individually and as trustee of the Hwange Family Trust, and Pinnacle Property Management (collectively, “Def...

Excerpt: ... around February 5, 2022, Cara J. Stults (Plaintiff) purchased a 2019 GMC Yukon XL (the Vehicle) manufactured by General Motors (Defendant). (Complaint, ¶ 5.) The Vehicle was accompanied by an express written warranty. (Id. at ¶ 5.) Soon after the purchase, Plaintiff began experiencing several defects including issues with the powertrain system, the braking system, and the electrical system. (Id. at ¶ 11.) Plaintiff then filed suit on May 25, ...

Excerpt: ...ntiffs”) filed the operative Complaint against Defendant Tesla Motors, Inc. (“Tesla Motors”) and DOES 1 through 10, inclusive for: (1) the Breach of Express Warranty under the S ong-Beverly Warranty Act; and (2) Violation of the Song- Beverly Warranty Act Section 1793.2. On January 22, 2024, Tesla Motors filed this instant Motion to Compel Arbitration. On March 27, 2024, Plaintiffs filed an opposition. On April 3, 2024, Tesla Motors filed i...

Excerpt: ... causes of action: (1) claim and delivery of personal property; and (2) money due on a contract. The complaint alleges that Ally became the owner of a written contract through written assignment in which Bridges purchased from Plaintiff's assignor a 2018 Mercedes -Benz GLE - Class, and said contract is in defect based on Bridges' failu re to make payment due and owing on April 11, 2023. On January 18, 2024, Ally filed the instant application for ...

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Excerpt: ... on April 4, 2024. BACKGROUND On 1/20/2023, plaintiff Jae S. Kim (“Plaintiff”) filed this action. On 1/24/2023, Plaintiff filed the operative First Amended Complaint (“FAC” ") against Defendants South Bay Hyundai LLC aka Hyundai Dealer, Hyundai Motor Manufacturing Alabama LLC aka HMMA (“HMMA”), Hyundai Motor Company (“HMC”) and Does 1 through 50, inclusive, asserting causes of action for (1) breach of oral contract, (2) breach...

Excerpt: ...hbay (erroneously sued as Penske Cadillac Buick GMC Southbay) Responding Party: Plaintiff Lester Arturo Solares Defendant's Motion for Judgment on the Pleadings RULING The Court considered the moving, opposition and reply papers. The Motion for Judgment on the Pleadings by Defendant UAG Southbay, LLC dba Penske Cadillac Buick GMC of Southbay is GRANTED as to the second and third causes of action. Plaintiff is granted 20 days leave to amend. BACKG...

Excerpt: ...ant Lillian Chikako Nishihara as Successor Trustee of the Lillian and Howard Nishihara Family Trust 1990 dated October 8, 1990 Survivor's Trust Responding Party: Plaintiff Ted Tomo Shono Defendant's Demurrer to Plaintiff's First Amended Complaint RULING The Court considered the moving, opposition and reply papers. The Demurrer of Defendant Lillian Chikako Nishihara as Successor Trustee of the Lillian and Howard Nishihara Family Trust 1990 dated O...

Excerpt: ...emurrer is SUSTAINED as to the breach of contract claim WITH LEAVE TO AMEND and OVERRULED as to the negligent misrepresentation claim. The Court considered the moving, opposition, and reply papers. BACKGROUND On December 12, 2023, Plaintiff Alexander Vyborg (“Plaintiff”) filed a complaint against Defendant LBK Consulting, Inc. d/b/a Kreiss Home Furnishings (“Defendant”) for (1) Breach of Contract; and (2) Fraud and Deceit — Negligent Mi...

Excerpt: ...se of action for dangerous public property and SUSTAINED WITHOUT LEAVE TO AMEND as to the remaining counts and causes of action. JUDICIAL NOTICE The Court also GRANTS the request for judicial notice of the City's notices. ( Julian Volunteer Fire Co. Assn. v. Julian-Cuyamaca Fire Protection Dist. (2021) 62 Cal.App.5th 583, 599 (“ Julian”) [“A court may take judicial notice of documents in its own records and those reflecting the official act...

Excerpt: ...ong-Beverly Consumer Warranty Act, Civ.C § 1790 et seq. Plaintiff contends Defendants sold him a defective used 2017 Subaru Forester (the “Vehicle”) with a certified pre -owned warranty on August 30, 2022, with a cash price of $32,496.96. After purchase, the Vehicle started showi ng a loss of power, a Check Engine light, and other symptoms. Plaintiff brought the Vehicle in to a manufacturer -authorized dealership on February 10, 2023, and ag...

Excerpt: ...rboard Attitude MOTION FOR TRIAL SETTING The court considered the moving, opposition, and reply papers. RULING The MOTION FOR TRIAL SETTING is DENIED. BACKGROUND On 4/6/2023, plaintiff Gwendy Ketting (“Plaintiff”) filed this action against defendants Mike Shepard, Edward Castro dba New Starboard Attitude, and Does 1 to 100, asserting two causes of action for (1) general negligence and (2) premises liability. The Complaint alleges that Plainti...

Excerpt: ...mplaint on December 16, 2022 against David Tran (Tran) and Vortex Alliance (Vortex, collectively Defendants). The motion before the Court is Vortex's Demurrer to Plaintiff's Complaint. The Demurrer is unopposed. DISCUSSION Legal Standard “[A] demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) A demurrer can be used only to challenge defects that appear on the face...

Excerpt: ...filed a Complaint against Ford Motor Company (FMC) and Autonation Ford Torrance (AFT, collectively Defendants) alleging the following five causes of action: 1. Violation of 1793.2(d) as to FMC 2. Violation of 1793.2(b) as to FMC 3. Violation of 1793.2(a)(3) as to FMC 4. Breach of the Implied Warranty of Merchantability as to FMC 5. Negligent Repair as to AFT Plaintiff purchased a 2013 Ford Escape (the Vehicle) on February 9, 2013. (Complaint, ¶ ...

Excerpt: ...tion to Approve Proposition 65 Settlement and Stipulated Consent Judgment is GRANTED. BACKGROUND On November 18, 2022, Plaintiff CalSafe Research Center, Inc. filed this action alleging violation of the Safe Drinking Water and Toxic Enforcement Act of 1986, codified at Health and Safety Code §25249.6, et seq. (“Proposition 65”). Plaintiff alleges Defendant Panos Brands, LLC violated Proposition 65 by failing to warn citizens of the State of ...

Excerpt: ...s to Plaintiff's Special Interrogatories, Set One (3) Motion to Compel Further Responses to Plaintiff's Requests for Production, Set One (4) Motion to Compel Further Responses to Plaintiff's Requests for Admission, Set One Moving Party: Plaintiff Wilfredo Cardenas Responding Party: None. Ruling: The motion to compel further responses is ruled on as follows: Form Interrogatories — GRANTED as to nos. 4.1 and 12.1. Special Interrogatories — GRAN...

Excerpt: ...ED as to the first, second, and fifth causes of action and SUSTAINED as to the third and fourth causes of action. The parties should be prepared to discuss the issue of leave to amend. The motion to strike filed by Defendants Evolver Group, LLC, Adam Gerstein, and Cheni Yerushalmi is DENIED. Moving party to provide notice. FACTUAL BACKGROUND This is an action for fraud in the inducement, negligent misrepresentation, breach of implied covenant of ...

Excerpt: ...ave to amend. Plaintiff Mira Costa Band Boosters, Inc. is ordered to file and serve its first amended complaint within 20 days of this proceeding. BACKGROUND On 12/05/2023, plaintiff Mira Costa Band Boosters, Inc. (“Plaintiff”) filed this action against defendants ZNK Partners, LLC, a Texas limited liability company, dba Lone Star Percussion (“Lone Star”), Yamaha Corporation of America (“Yamaha”), and Does 1 through 10, inclusive, ass...

Excerpt: ...on: Defendants' Demurrer and Motion to Strike to Plaintiff's Complaint RULING - The Court considered the moving, opposition, and reply papers. After review, the Court rules that Defendants' Demurrer to Plaintiff's Complaint is SUSTAINED in its entirety. Additionally, Defendants' Motion to Strike Plaintiff's Complaint is GRANTED. Plain tiff is granted with 20 days leave to amend as to counts one and three only. BACKGROUND Factual History This case...

Excerpt: ...o Plaintiff's First Amended Complaint is SUSTAINED with leave to amend. BACKGROUND Factual History This case stems from Yuan Fu's (Plaintiff) visits to her dentist Rita Yu -Mei Chuang (Defendant). On January 21, 2021 Plaintiff first visited Defendant's office for an orthodontic treatment to close a gap between two teeth to improve chewing. (First Amended Complaint, hereinafter, FAC, ¶ 5.) Plaintiff was asked to sign a form titled “Agreement of...

Excerpt: ...ave to amend. Plaintiff Mira Costa Band Boosters, Inc. is ordered to file and serve its first amended complaint within 20 days of this proceeding. BACKGROUND On 12/05/2023, plaintiff Mira Costa Band Boosters, Inc. (“Plaintiff”) filed this action against defendants ZNK Partners, LLC, a Texas limited liability company, dba Lone Star Percussion (“Lone Star”), Yamaha Corporation of America (“Yamaha”), and Does 1 through 10, inclusive, ass...

Excerpt: ...�) arising from her purchase of a used 2009 Cadillac CTS on October 25, 2022. The Complaint alleges the following causes of action: (1) intentional misrepresentation; (2) negligent misrepresentation, (3) violation of Business and Professions Code § 17200; (4) bond claim; and (50 violation of consumer legal re medies act. On March 20, 2023, defendant Hudson filed its answer to the complaint. On March 21, 2023, Plaintiff voluntarily dismissed defe...

Excerpt: ... against Defendants Enthus, LLC (“Enthus”), Nagi Nabih Gabriel (“Gabriel”), and Does 1-100 for (1) Negligence; (2) Premise Liability; (3) Breach of Covenant of Quiet Enjoyment; (4) Breach of Implied Warranty of Habitability; (5) Maintenance of Nuisance; and (6) Intentional Infliction of Emotional Distress. Plaintiff alleges Enthus and Gabriel owned, operated, supervised, controlled, managed, and/or otherwise maintained the residential ren...

Excerpt: ...moving, opposition, and reply papers. RULING The motion to dismiss is DENIED. BACKGROUND On June 2, 2021, Plaintiff Bladimir Gonzalez was seriously injured while he was traveling as the front passenger seat of a 2006 Honda Acura TL driven by Jesus Santiago. The vehicle rolled over and was not crashworthy when Jesus Santiago lost control of the vehicle. On May 3, 2023, Plaintiff filed a complaint against Defendants Honda Motor Company, Ltd. (“HM...

Excerpt: ...ended Complaint (“FAC”) against Defendants Taylor Machine Works Inc., Cal-Lift Inc., Titan International Inc., OTR Wheel Engineering Inc., Rimex USA, Global Mining Products Inc., Bridgestone Americas Inc., Pacific Maritime Association, American President Lines, CMA.CGM, EQT Infrastructure III, P5 Infrastructure LLC, Crane Certification Services Inc., Parkhouse Tire Inc., and DOES 1 through 100, inclusive. The FAC asserts the following causes ...

Excerpt: ...he court considered the moving papers. RULING Defendant City Wide Property Management, Hassan Bogsara, and Sima Bogsara's Demurrer is OVERRULED as to the first and seventh causes of action and SUSTAINED with Leave to Amend as to the sixth, eighth, and ninth causes of action. Defendant City Wide Property Management, Hassan Bogsara, and Sima Bogsara's Motion to Strike is GRANTED with Leave to Amend as to paragraphs 51 and 70 in accordance with the ...

Excerpt: ...ended Complaint (“FAC”) against Defendants Taylor Machine Works Inc., Cal-Lift Inc., Titan International Inc., OTR Wheel Engineering Inc., Rimex USA, Global Mining Products Inc., Bridgestone Americas Inc., Pacific Maritime Association, American President Lines, CMA.CGM, EQT Infrastructure III, P5 Infrastructure LLC, Crane Certification Services Inc., Parkhouse Tire Inc., and DOES 1 through 100, inclusive. The FAC asserts the following causes ...

Excerpt: ...he court considered the moving papers. RULING Defendant City Wide Property Management, Hassan Bogsara, and Sima Bogsara's Demurrer is OVERRULED as to the first and seventh causes of action and SUSTAINED with Leave to Amend as to the sixth, eighth, and ninth causes of action. Defendant City Wide Property Management, Hassan Bogsara, and Sima Bogsara's Motion to Strike is GRANTED with Leave to Amend as to paragraphs 51 and 70 in accordance with the ...

Excerpt: ...TED. The court ORDERS that the exhibits containing the unredacted social security number within defendants' respective Requests for Judicial Notice in Support of Demurrer, filed on June 15, 2023 and October 20, 2023, are sealed. At this time, no other records relating to this case are to be sealed. No person other than the court is authorized to inspect the sealed records. CRC Rule 2.551(e)(2), (3). The court directs the court clerk to comply wit...

Excerpt: ...s. Hearing Date: February 1, 2024 Moving Parties: Plaintiff Tony Curtis Responding Party: None as of January 29, 2024, at 8:06 am. Motion to Compel the Deposition of General Motors LLC's Persons Most Knowledgeable and Demand for Production of Documents and Request for Sanctions in the Sum of $2,040.00 against Defendant General Motors LLC and its Attorneys The court considered the moving papers. As of January 29, 2024, at 8:06 am, no opposition or...

Excerpt: ...D IN PART. Defendant to give notice. BACKGROUND This is an intentional infliction of emotional distress action filed by plaintiff Christine McCaslin against defendant Philip Godlewski. On July 19, 2023, the plaintiff filed the complaint. On September 6, 2023, the defendant filed an anti-SLAPP motion. On September 29, 2023, the plaintiff filed this motion to be allowed to conduct limited discovery. On December 22, 2023, the defendant filed an oppo...