Judge Patricia Nieto (Retired): Comprehensive Profile - Analytics, Rulings, and Recent Cases

On July 22, 2019, Plaintiff Brenda Hernandez filed the instant Private Attorney General Act (“PAGA”) suit against her employer Defendant TYP Restaurant Group, Inc. The Complaint alleged a single cause of action for Violation of California Labor Code § 2699, seeking civil penalties pursuant to PAGA based on...

Defendant CCV Partnership II’s demurrer is SUSTAINED with leave to amend as to the seventh cause of action, and SUSTIANED without leave to amend as to the fourth cause of action. The motion to strike is MOOT.

On January 19, 2021, Plaintiffs Karina Lopez, Kayla Lopez, Natalie Alfaro, and Joseph Galv...

Defendants NewRez LLC, fka New Penn Financial, LLC dba Shellpoint Mortgage Servicing; The Bank of New York Mellon fka The Bank of New York as Trustees for the CWABS Asset-Backed Certificates Trust 2006-QH1 Mortgage PassThrough Certificates, Series 2006 QH1’s motion for summary judgment is GRANTED.

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Plaintiff Central Elk Properties LLC’s demurrer to Defendants’ answer is SUSTAINED without leave as to the first and seventeenth causes and SUSTAINED with leave as to the remainder.

On September 4, 2020, Plaintiff Central Elk Properties LLC filed a complaint against Dina Kimmel We Rock The Spectrum...

Plaintiff Central Elk Properties LLC’s demurrer to Defendants’ answer is SUSTAINED without leave as to the first and seventeenth causes and SUSTAINED with leave as to the remainder.

On September 4, 2020, Plaintiff Central Elk Properties LLC filed a complaint against Dina Kimmel We Rock The Spectrum...

This is a post-judgment matter. The Complaint alleged a breach of contract for repairs to a commercial building. Plaintiff ABC provided roofing and related construction materials to Defendants for use on various construction projects under an oral credit agreement. Plaintiff submitted various invoices but ...

Defendant Delaine Yates, Ryan Martin, and Delaine Yates LLC’s motion to compel is DENIED.

On June 11, 2019, Plaintiffs Sandra Ruiz (“Ruiz”) and David Abbate (“Abbate”) (collectively “Plaintiffs”) filed in instant habitability action against their landlords Defendants Delaine Yates (“Yates”), Ryan M...

Petitioner Sequoia Companies LLC’s petition is GRANTED.

On December 21, 2020, Petitioner Sequoia Companies LLC (“Petitioner”) filed the instant petition for court approval of a transfer of certain structured settlement payment rights from Payee D. M. (“Payee”). The petition states that Payee is the...

Plaintiff Rhonda Clark’s motion to tax costs is GRANTED.

This harassment/retaliation action was initiated by Plaintiff on July 6, 2018. The operative First Amended Complaint alleges nine causes of action for: 1) harassment; 2) discrimination; 3) failure to prevent harassment, discrimination, and re...

On March 20, 2014, Plaintiffs Jesus Naranjo and Blanca Naranjo (the Naranjos) filed the instant breach of contract/malpractice suit the Defendants Albert Lon Chaney III and Kay Chaney (the Chaneys) for, among other things, rescission of an Option Agreement, elder abuse and professional negligence. The oper...

The Court notes the following issues:

First, Plaintiff did not provide all documents required by CRC Rule 3.1800(a). For example, Plaintiff did not provide a mandatory form CIV-100. Please submit a code compliant default judgment packet.

The current Complaint does not notice any monetary da...

Plaintiff Barry Ira Rosen’s motion to compel is GRANTED. Sanctions are imposed against Defendant Uber Technologies Inc.’s counsel of record, Wood, Smith, Henning & Berman, LLP, in the reduced total amount of $810.00, inclusive of costs.

On February 20, 2020, Plaintiff Barry Ira Rosen filed the inst...

Defendants’ motion to consolidate is GRANTED.

On July 22, 2019, Plaintiff Marta Alvarez filed the instant personal injury action suit against Defendants DD Tours Co. Inc., John Lim, Westrux International Inc., and Richard Leroy Sloss. The FAC alleges that on March 17, 2018, Alvarez was a passenger ...

Defendant Link USA LLC’s demurrer to the First Amended Complaint is SUSTAINED with leave to amend.

On January 8, 2020, Plaintiffs Mike Harutunian and Danke Partners LLC filed the instant breach of contract suit against Defendants Link USA LLC and Farshad Moazez. The operative First Amended Complain...

BWA Law Group APC, Esq.’s motions to be relieved as counsel are GRANTED.

On January 29, 2020, Plaintiff Daniel Tapia filed the instant employment suit against Defendants Urban Radish LLC, Michael Aivazis, and Keri Aivazis. The Complaint states eight causes of action for certain Labor Code violation...

Defendants’ demurrers to the Second Amended Complaint are OVERRULED. Defendants’ motions to strike are DENIED.

On June 27, 2018, Plaintiffs Dean Delis, Margaret Delis, Drew Delis, Delakis LP, and DMD Investments LLC brought the instant fraud suit against Defendants. The operative Second Amended Com...

Defendant United Airlines Inc.’s motion to strike is CONTINUED to January 10, 2021 at 8:30 a.m.

On December 12, 2019, Plaintiffs Nancy Bass, Tim Bass, and Margaret Jewett filed the instant suit against Defendant United Airlines Inc. This suit arises from plaintiffs’ travel on flights operated by De...

Glendale Adventist Emergency Physicians Inc.’s demurrer to the Cross-Complaint is SUSTAINED with leave to amend.

On March 19, 2020, Plaintiff Premier Health Partners Inc. (“PHP”) filed the instant complaint against Defendant Ego Inc. (“Ego” or “Brault”). The operative First Amended Complaint states...

Defendants’ motion to quash is DENIED.

On May 5, 2020, Plaintiffs Charles Company Inc., Corsair LLC, Gran Plaza LP, and Excel Property Management brought the instant professional negligence suit against Defendants Bryan Cave LLP, Bryan Cave Leighton Paisner LLP, Hall Mark Mersel, Richard C. Ochoa, ...

Jose A. Mendoza, Esq.’s motion to be relieved as counsel is GRANTED.

On September 16, 2019, Plaintiffs Bound By Fitness LLC (“BBF”), Anthony Ayala (“Ayala”), and Reece Leon (“Leon”) (collectively, Plaintiffs”) filed the instant interference with contractual relations suit against Defendants Winning...

Plaintiffs Dean Delis, Margaret Delis, Drew Delis, Delakis LP, and DMD Investments LLC’s motion for an order to show cause re: contempt against Defendant Brad Wiedmann is GRANTED.

On June 27, 2018, Plaintiffs Dean Delis, Margaret Delis, Drew Delis, Delakis LP, and DMD Investments LLC brought the in...

Cross-Defendant Glendale Adventist Emergency Physicians Inc.’s special motion to strike is DENIED.

On March 19, 2020, Plaintiff Premier Health Partners Inc. (“PHP”) filed the instant complaint against Defendant Ego Inc. (“Ego” or “Brault”). The operative First Amended Complaint states eight causes ...

Defendant’s motion to compel Plaintiff’s claims to arbitration is GRANTED.

On August 13, 2020, Plaintiff Larome Brownlee filed the instant employment/habitability action against Defendant Public Storage. The operative Complaint states twenty causes of action for (1) Discrimination in Violation of t...

Plaintiff’s motion for leave to file a First Amended Complaint is GRANTED.

On April 11, 2018, Plaintiff St. Andrew's Pharmacy, LLC commenced this action against Defendants St. Andrew's Green, a Cooperative Corporation, and Kandace Simplis aka Kathy Smith. The complaint alleges the following five ca...