Excerpt: ...ve damaged plaintiffs' retaining wall. Complaint ¶13 -17. Defendant Fadia cross- complained alleging negligence; breach of CC& Rs; slander of title; and permanent trespass. Defendant alleges the retaining wall was not build in compliance with the CC&Rs, and plaintiffs failed to maintain the wall. Cross -Compl. ¶14- 17. Fadia demurs and moves to strike. Demurrrer Nuisance Fadia argues the claim is barred by the statute of limitations, as the all...

Excerpt: ...ge that from May through June of 2018, decedent was treated at defendants' health care facilities, and that defendants negligently cared for decedent while under defendants' care. On May 23, 2018 decedent came from Hoag Hospital to defendant Alhambra Hospital Medical Center (AHMC) and was treated. On May 29, 2018, de cedent was transferred from defendant AHMC to Sunny View Care Center. Decedent returned to defendant AHMC on June 5, 2018, was eval...

Excerpt: ...IVIL CODE § 51 et seq (“UCRA”). On November 22, 2023, Plaintiff filed her first amended complaint (FAC). On February 8, 2024, default was entered against Defendant. On March 26, 2024, Plaintiff filed the instant application. Discussion The application is denied with prejudice for two reasons. 1. First Defect First, the FAC fails to adhere to California Code of Civil Procedure (CCP) section 425.10 subdivision (a), subsection (1), which provid...

Excerpt: ... the “Driver”) and Vangaurd Construction (the “Corporation”). On January 2, 2024, proof of service (POS) was filed as to Cuevas, indicating that he was served via personal service on 12/29/23. On January 11, 2024, the POS was filed as to the Corporation indicating that it was served via substituted service on 1/4/24 by serving the “personal authorized to accept” on behalf of the agent for service, Billie Sposeto. On January 30, 2024, ...

Excerpt: ...nse Board to enter into construction contracts in the State of California. (Complaint ¶ 3.) Between March 31, 2023 and April 12, 2023, pursuant to a written work authorization contract dated Apri l 4, 2023, Plaintiff performed work of improvement consisting of demolition, water remediation, dryout, and mold mitigation work at Defendant Jasmine Xu's (“Defendant”) property. (Complaint ¶ 8.) Plaintiff has substantially completed all work it wa...

Excerpt: ...cember 7, 2023 OPPOSITION: Filed April 22, 2024 REPLY: Filed April 30, 2024 RELIEF REQUESTED Defendants demur to the fourth cause of action for Quiet Title and the ninth cause of action for Negligence of the Complaint. Defendants request the Court (1) sustain the demurrer without leave to amend; (2) enter an order dismissing the actio n; and (3) award Defendants costs. BACKGROUND This case arises out of an action filed by Plaintiffs Anita and Dav...

Excerpt: ...leave to amend. I. BACKGROUND On February 7, 2024, Plaintiffs Justo Ignacio Guadarrama Flores and Mercedes Avelia Alavez Palacios filed their Complaint against Defendant Oralia Parga alleging the following causes of action: C/A 1: Damages Cause C/A 2: Breach of Contract C/A 3: Intentional Infliction of Emotional Distress The Complaint alleges the following. Plaintiffs are tenants and entered into a contract on June 1, 2016 to rent the subject apa...

Excerpt: ...nt Walt Disney Company dba Twentieth Century Studios (“Disney”), alleging a violation of his Civil Rights, as outlined in the Declaration of Independence, including his ri ght to Liberty and the Pursuit of Happiness. On September 8, 2023, Defendant Disney filed a demurrer. DEMURRER A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, court...

Excerpt: ...s ankle monitor caused him pain. When Plaintiff went to have the ankle monitor removed, Defendants cut and/or punctured Plaintiff's leg. (See Complaint p. 6.) On August 22, 2023, Plaintiff filed suit for: 1. General Negligence 2. Negligent Hiring, Supervision, Training, and Retention On January 12, 2024, the City filed a demurrer. On January 29, 2024, the court held a proceeding re: Failure to File Proof of Service; Case Management Conference (on...

Excerpt: ...s Code section 17200 on the grounds that it is uncertain, ambiguous and unintelligible and fails to plead any unlawful, unfair, or fraudulent business practices. Background This is a lemon law action. This lawsuit was filed on March 5, 2024 by Plaintiff Leopoldo Cabello (“Plaintiff”) against Defendants alleging four causes of action: (1) Breach of Express Warranty; (2) Breach of Implied Warranty; (3) Violation of Business and Professions Code...

Excerpt: ... at 1619 W. 70 th Street, Los Angeles, CA, 90047 (the “Subject Property”). In 2008, Escoto was experiencing financial issues and was close to losing the Subject Property. At the time, Escoto was in a committed relationship with Defendant Cesar Enrique Villafuerte (“Defendant” or “Villafuerte”). Villafuerte offered to help. Escoto eventually agreed to transfer the Subject Property to Villafuerte on a short sale basis through a quit cla...

Excerpt: ...Plaintiff's First Amended Complaint The court has considered the moving papers and opposition. No reply brief was filed. The demurrer filed by Defendant JP Morgan Chase Bank, N.A. is SUSTAINED with 20 days leave to amend. Background This is an action arising from fraudulent actions pertaining to Plaintiff's business checking account. On September 30, 2022, Plaintiff AC Floor Covering Company, Inc. (“Plaintiff”) filed a Complaint against Defen...

Excerpt: ...23 Dept. 48 8:30 a.m. May 7, 2024 On May 22, 2023, Plaintiff Dylan Scott Perry (“Plaintiff”) filed a Complaint against Defendant Walt Disney Company (“Defendant”). On June 1, 2023, Plaintiff filed a First Amended Complaint titled as “Petition for Threats made by The Walt Disney Company.” The Complaint alleges that The Walt Disney Company used its show “American Dad!” to threaten to murder him, his father, and his girlfriend. On Ju...

Excerpt: ...“TAP”). The court has read and considered the moving papers, oppositions, and replies, and renders the following tentative decision. A. Statement of the Case 1. The SAP Petitioners commenced this proceeding on November 29, 2022. On February 27, 2024, Petitioner filed the SAP, the operative pleading, which alleges causes of action for declaratory relief and/or mandamus. The verified SAP alleges in pertinent part as follows. a. Vacating the Pro...

Excerpt: ...laintiff Cynthia Galas's Demurrer to Affirmative Defenses Set Forth in Defendant Green Check Verified's Answer; Plaintiff Cynthia Galas's Demurrer to Affirmative Defenses Set Forth in Defendant GCV Ventures, LLC's Answer “A party against whom an answer has been filed may object, by demurrer as provided in [Code of Civil Procedure] [s]ection 430.40, to the answer upon any one or more of the following grounds: [¶] (a) The answer does not state f...

Excerpt: ... make an offer of proof to address the defects identified herein. The Court DENIES the motion to strike as moot. Defendants Yudan Li 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) (collectiv...

Excerpt: ... technician injected her with what was a used needle. Plaintiff further presents that (1) the tec hnician neither informed Salazar that the needle was a used needle and took no efforts to eliminate or minimize the potential hazardous contents that were injected into Plaintiff's left arm; (2) the technician then removed from a package another needle; (3) Plaintiff was not informed of the contents of the second needle or why a second needle needed ...

Excerpt: ...leave to amend. The motion to strike is MOOT in part and GRANTED with leave to amend in part. Discussion This is a derivative action filed by Plaintiff Steven Liu on behalf of Defendant Saratoga Maintenance Corporation (“Saratoga”). Plaintiff originally pursued this action in his individual capacity, (see Case No. 19STCV25459), and alleged seven causes of act ion against Saratoga, Defendant John Leon, Defendant Frank Macciola, and Defendant J...

Excerpt: ... Builds LLC (“FQB”), Farshid Seyed Hosseni (“Hosseni”), Elham Riahi Moghaddam (Moghaddam”), and Eli Tour LLC (“Eli”) (sometimes collectively, “Defendants”) RESPONDING PARTY: Plaintiff Pooria Navid (“Navid”) The Court has considered the moving and opposition papers. BACKGROUND On October 19, 2023, Plaintiff Navid filed a Complaint against Defendants FQB; Hosseni[1]; Moghaddam; Eli; and DOES 1- 50, inclusive for: (1) Breach of...

Excerpt: ... to amend. Padilla's Company, Inc., et al.'s Motion to Strike Portions of Complaint is moot. Background Plaintiff's Complaint was filed on August 7, 2023. Plaintiff alleges the following facts. Plaintiff is the general contractor for a construction project (“Project”) located at 1700 S. Pacific Coast Highway, Redondo Beach, California. Plaintiff entered into sub -contracts with Padilla's Company, Inc. for rough grading and shoring, and, later...

Excerpt: ...”) and Tyler Patrick Whiteman (“Whiteman”) for damages arising from an automobile incident. Plaintiff alleges that on January 22, 2020, Whiteman lost con trol of his vehicle and collided with Plaintiff's vehicle. Plaintiff sets forth a cause of action for liability of public entities and public employees pursuant to Gov. Code section 815.2 and 820. Plaintiff moves to compel the City to produce medical employment records of Whiteman related ...

Excerpt: ...) filed this p\ etition for a writ of mandate ordering respondent Pasaca Capital, Inc. (“Pasaca”\ ) and its controlling stockholder, respondent Charles Huang (“Huang”) to a\ llow the inspection and copying of Pasaca's corporate records. On January 9, 2024, Pasaca and Huang (collectively, “Respondents”\ ) filed a response. The response and supporting papers were ordered sealed\ by the Honorable Margaret L. Oldendorf on February 2, 2024...

Excerpt: ...rren Player. Defendant filed his Answer to the Complaint on January 23, 2023. A bench trial took place between September 18, 2023 and September 26, 2023. At the conclusion of the Plaintiff's case, Defendant moved for entry of judgment under CCP § 631.8. The Court granted the motion for judgment and issued its oral statement of decision at the conclusion of the trial explaining why the Court was granting Defendant's motion for judgment. This Cour...

Excerpt: ...item Jesse Ronald Carrasco, (“Plaintiff Carrasco”) propounded set one of form interrogatories, special interrogatories, and request for production of documents on defendant Becky Radgowski (“Defendan t Becky”) on December 27, 2023. To date, Defendant Becky has not served responses. Plaintiff Carrasco therefore seeks an order compelling Defendant Becky to respond, without objections, to the outstanding discovery and to pay sanctions. Defen...

Excerpt: ... Lilach Basson, filed a complaint against Defendants Krystal Burns, Norma Burns, and Glory Project LLC for assault, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, and interference with tenancy. Plaintiff Yacov leases property from Defendant Glory Project, LLC. Plaintiff Lilach Basson alleges when she was visiting her husband's office with Noam, their son, Basson was physically and verbally attac...