Excerpt: ...HOA assessments. On September 22, 2017, Plaintiff filed a complaint asserting causes of action for 1) Foreclosure of Lien; 2) Breach of Covenants; 3) Quantum Meruit; and 4) Account Stated. On January 14, 2019, default judgment was entered against Defendant. Defendant now moves to set aside the entry of default and default judgment on the grounds none of the entities listed in the caption of the Complaint were served. [TENTATIVE] RULING Defendant ...

Excerpt: ...f Carlos Pleitez's 2017 Nissan Sentra. Plaintiff alleges after leasing the 2017 Nissan Sentra and during the warranty period, the vehicle contained or developed several defects that substantially impaired the use, safety, and/or value of the vehicle including defective electrical system and defective ignition. On August 29, 2018, Plaintiff filed a complaint against Nissan North America, Inc., asserting causes of action for: (1) Breach of Express ...

Excerpt: ...mad Ordoubadi aka Afshin Ordoubadi for alleged unpaid attorney fees and costs for services rendered. Defendant failed to file an answer and on October 8, 2019, default was entered against him. On October 8, 2019, Defendant filed an Ex Parte Application Motion for Striking Portions of Complaint. During the Ex Parte proceedings on October 9, 2019, the court construed the application as a request to stay entry of judgment and deemed the application ...

Excerpt: ...ndants would pay the sum of $100.00 per month for utilities which included water, electricity and internet as well as a $1,000.00 security deposit. Defendant paid three months' rent in advance. Plaintiff further alleges that although she prepared a written agreement, Defendant said there was no need to sign any paper. As such, there was no written agreement between the parties. Plaintiff also alleges Defendants were advised not to conduct any bus...

Excerpt: ...LLP agreed to defend Balogunn and her then attorney, Michael A. Jones, in a separate federal action. The agreement was on the condition that FHLLP would recover its fees and costs directly from the creditor and defendant in the separate action and that Balogun and Jones would cooperate in that future action. However, Balogun settled with the creditor before FHLLP could file its motion for sanctions in the federal action and now FHLLP is unable to...

Excerpt: ...ms, Inc. Responding Party: No opposition. Meet and Confer: Attempted. (Benbow Decl. ¶¶2‐10.) BACKGROUND Plaintiffs Brendem Plong and Mariene Melissa Plong (collectively, “Plaintiffs”) obtained a mortgage loan from BMI RealEstate Services Inc. in the original principal amount of $333,700.00. The loan was secured by a Deed of Trust dated July 16, 2004. The deed of trust was recorded on July 22, 2004. Plaintiffs allege Defendants attempted, ...

Excerpt: ... Plaintiff Eric Devezin (“Plaintiff”) alleges he was a tenant of a rent-controlled property located in Tarzana (“the Property”) that was initially owned by Defendant Kamer's father and then later passed to Defendant Kamer in early 2017. Defendant Kamer eventually sold the Property to Defendant Dorfman. The Property was managed and controlled by the homeowners association, Defendant California Place Homeowners Association, Inc. (“CPHA”...

Excerpt: ...Consumer Warranty Act involving Plaintiff's 2017 Nissan Frontier. Plaintiff alleges after they took possession of the 2017 Nissan Frontier and during the warranty period, the vehicle contained or developed several defects that substantially impaired the use, safety, and/or value of the vehicle including defective engine, defective ignition system, and defective body system. On October 25, 2019, Plaintiff filed a complaint against Nissan North Ame...

Excerpt: ...lving Plaintiff Yarik Cohen's 2017 Infiniti Q60. Plaintiff alleges after leasing the 2017 Infinite Q60 and during the warranty period, the vehicle contained or developed several defects that substantially impaired the use, safety, and/or value of the vehicle including defective suspension system, defective tire pressure monitoring system, defective display system, defective connectivity system, and defective engine. On July 17, 2019, Plaintiff fi...

Excerpt: ...tion arises out of a breach of a construction contract. Plaintiff alleges he entered into a written agreement with Defendant ZK Building whereby Plaintiff agreed to furnish labor, service, equipment, and materials on the subject property and Defendant agreed to pay Plaintiff $32,500. Plaintiff further alleges Defendants asked Plaintiff to perform additional services beyond those included in the original agreement. The subject property is owned by...

Excerpt: ...ty Rebuild Partners LLC (“Plaintiff”) filed a verified unlawful detainer complaint against Defendants Sam Chanin and Lieba Chanin (collectively, “Defendants”), and Does 1 through 5. On March 13, 2017, Plaintiff filed a First Amended Complaint. On May 19, 2017, Plaintiff filed the Second Amended Complaint (“SAC”). On May 20, 2016, Plaintiff and Defendants entered into a “Residential Purchase Agreement and Joint Escrow Instructions”...

Excerpt: ...rprises, Inc. and Circle K Stores, Inc. BACKGROUND This action arises out of an incident that occurred on September 19, 2017 when a bay door fell and struck Plaintiff Mark McKinstry dba Rite‐Way Automotive & Transmission (“McKinstry”) while he was attempting to lift the door to gain access to his work station. Plaintiff alleges Defendants Regency Centers, LP, Circle K Stores, Inc., and Miskinnis Enterprises, Inc. dba Westlake Village Mobil ...

Excerpt: ...fs allege that they were not paid minimum wage, were not compensated for the use of their personal equipment in the performance of their duties, were not provided with pay stubs, and were misclassified as independent contractors. Plaintiffs filed their complaint on February 19, 2019, alleging: 1. Breach of Statutory Obligation: Minimum Wage 2. Breach of Statutory Obligation: Cell Phone U and Facsimile and Facsimile Line Use 3. Breach of Statutory...

Excerpt: ...alleges Defendant and his two daughters began sending threatening messages to Plaintiff because Defendant believed Plaintiff was romantically involved with Defendant's ex‐wife. Plaintiff further alleges Defendant made threats to Plaintiff's daughters and ex‐wife as well as made several defamatory statements to Plaintiff's family and friends. Plaintiff filed a complaint on April 18, 2019, alleging: (1) Stalking; (2) Intentional Infliction of E...

Excerpt: ...ant. Defendant Anthony Seo executed a personal guaranty in favor of Plaintiff. Plaintiff further alleges that Defendant defaulted on the Loan and became indebted to Plaintiff in the sum of $39,271,20. Although demand has been made upon Defendants for payment, Defendant has refused to pay. On January 9, 2020 Plaintiff filed a Complaint against Defendant for 1) Open Book Account; 2) Account Stated; 3) Reasonable Value; 4) Money Lent; 5) Breach of W...

Excerpt: ... and accessories from Defendant Stoneledge Furniture LLC aka Ashley HomeStore. Plaintiff alleges they and Defendant entered into a series of consumer contracts for the purchase and sale of furniture and accessories for Plaintiff's newly remodeled Property which had been under construction. Plaintiff made multiple purchases based on representations that the items purchased would be available and delivered concurrently on demand. However, when it u...

Excerpt: ...rnia, Inc.; Shreya Health of Florida, Inc.; Shreya Health of Arizona, Inc.; Sovereign Asset Management, Inc.; and Vedanta Laboratories, Inc. (“Sovereign” or “Plaintiffs”) filed a complaint against Defendants Health Net, Inc.; Health Net of California, Inc.; Managed Health Network, Inc.; and Health Net Life Insurance Company (“Health Net”) Plaintiffs are out‐of‐network substance abuse treatment providers that provided services to H...

Excerpt: ...f the Estate of Edward C. Marshall, Demurrer with Motion to Strike Plaintiff's First Amended Complaint Moving Party: Defendant Frank A. Marshall, as Administrator of the Estate of Edward C. Marshall Responding Party: Plaintiff Jean Diane Marshall Cootz Meet and Confer: Yes. (See Goch Decl. ¶3, Exh. A). BACKGROUND This is a personal injury action. Plaintiff Jean Diane Marshall Cootz alleges on November 7, 2017, Defendant Frank A. Marshall broke i...

Excerpt: ...mph Capital Partners, LLC Plaintiff's Motion to Deem Requested Matters Admitted Moving Party: Plaintiff Triumph Capital Partners, LLC Responding Party: Defendant Leila Abmadi BACKGROUND This is an unlawful detainer action. Plaintiff Triumph Capital Partners, LLC alleges they obtained ownership of the subject property after a properly noticed and conducted non‐ judicial foreclosure that occurred on or about March 23, 2020. Defendants in this act...

Excerpt: ...d into a business relationship with Defendant Simshauser on or about January 1, 2012. Defendant was appointed as director of acquisitions and tasked with responsibilities of processing wholesale deals by solidifying contracts with sellers, and in turn establishing and building relationships with buyers to be connected with said sellers. In furtherance of that relationship, Plaintiffs allege Defendant Simshauser executed an Independent Contractor ...

Excerpt: ...eges the property was owned by Steven Schaffer. However, Schaffer transferred the property to his company, Exeter, Inc. on or about December 26, 2001. A few years later, Schaffer filed a Certificate of Dissolution. As part of the dissolution, Schaffer executed a Grant Deed to transfer the title of the property back to Schaffer. The deed was never recorded. Plaintiff further alleges Defendant Caplan is the CEO, CFO, and President of Defendant Faux...

Excerpt: ...) Money Received. Plaintiff alleges on October 11, 2017, Plaintiff and Defendants entered into a written Promissory Note whereby Plaintiff agreed to loan Defendants the principal sum of $300,000. The Note provided that the principal amount shall bear interest at the rate of 10% per sixty days following October 11, 2017. The note also provided that the principal balance must be paid in full 60 days from the date of the Note, plus 10% interest, tot...

Excerpt: ...tiff alleges Dunn Defendants hired a plumber to conduct repairs on the property, but the plumber failed to test for asbestos on the property even though the Dunn Defendants were aware that the property contained asbestos. Moreover, neither the Dunn Defendants nor Defendants Michelle Tepper and Wish Properties, Inc. dba Wish Sotheby's International Realty (Broker Defendants) disclosed to Plaintiffs that the property contained asbestos although the...

Excerpt: ...CCP §128.7 Moving Party: Defendant Maria Montano Responding Party: Plaintiff Yamira Montano Mendez BACKGROUND This action arises out of alleged contractual fraud. On July 29, 2019, Plaintiff lost her fiancé and domestic partner, Salvador Montano, and their daughter, Diana Montano, in a car accident. Plaintiff alleges Salvador Montano had been previously married to Defendant Maria Montano, but have been legally separated since 1999 and the marri...

Excerpt: ... temporary employees, and those services were accepted by Defendant between the dates of May 20, 2019 and June 25, 2019. However, on August 7, 2019, Plaintiff alleges Defendant failed to make the monthly payment then due and owing. As a consequence of Defendant Santhon's breach Plaintiff alleges it has made, or will make, a wage claim under Defendant's Santhon's bond with Defendant Hudson Insurance Company. On December 16, 2019, Plaintiff filed a...

Excerpt: ... and KAM LP Responding Party: Defendants In His Presence LLC, Mariyan Khosravizadeh, Mariyan Consulting, Inc., 23830 Hatteras LLC, 16717 Vanowen LLC, and 6843 Zelzah LLC BACKGROUND Plaintiffs met Mariyan Khosravizadeh (“Mary”) in 2015. Plaintiffs allege Mary presented herself as a licensed real estate agent and owner of a property management/consulting company and that based on Mary's representation, Plaintiffs made a series of loans to Mary ...

Excerpt: ...rry Cleeland, Beverly Dalton, Ray Dalton, Marti Rickell, and George Dalton. On November 27, 2017, default judgment was entered against Defendant Cleeland. Defendant Cleeland now moves to set aside the entry of default and default judgment and quash service of summons on the grounds he did not receive actual notice. [TENTATIVE] RULING Defendant Harry Cleeland's Motion to Set Aside Entry of Default and Default Judgment and Quash Service of Summons ...

Excerpt: ...e concerning the work performed under a construction contract. Plaintiff alleges Defendants Edelbert Panganiban (“Edelbert”) and Arturo Castro (“Arturo”) falsely held themselves out as licensed contractors when the parties entered into a home improvement contract regarding Plaintiff's property. The agreement was made on behalf of Defendant Westphil Design and Construction. Plaintiff alleges Defendants demanded advance payment for all of t...

Excerpt: ...t with Defendants, which provided Defendants were to pay 1/3 of Defendants' total commissions to Plaintiff for referring the Life Insurance Policy Settlement of Sam Goncoulgu to Defendants. Plaintiff further alleges Defendants breached the agreement by failing to pay Plaintiff 1/3 of the total commission. Plaintiff filed a complaint on August 31, 2018. On September 10, 2019, Plaintiff filed a Third Amended Complaint (“TAC”) against Benjamin S...

Excerpt: ...TIARY OBJECTIONS Plaintiffs object to Cannata's Separate Statement and the declaration of Levi Lesches, Esq. First, Plaintiffs object to Cannata's Separate Statement on the grounds it fails to comply with CRC Rule 3.1345(a) and (c). However, as previously noted at the August 5, 2020 hearing, the Separate Statement is for the court's convenience and is not a jurisdictional requirement. As such, the court finds the Separate Statement sufficient for...

Excerpt: ...rom Lenox Financial Mortgage Corp. (“Lenox”) in the amount of $700,000. Pursuant to the Deed of Trust, the original beneficiary under the deed of trust was Mortgage Electronic Registration Systems, Inc. (“MERS”) and the original trustee was LSI, a division of Chicago Title insurance Company. On September 7, 2011, MERS recorded a Corporate Assignment naming HSBC Bank USA, National Association as Trustee for the Holders of the Certificates ...

Excerpt: ... Bronze and Lindsay Faulk are tenants of Defendant Regency Centers, L.P.'s (“Regency”) commercial building. Plaintiffs allege before entering the lease agreement with Defendant Regency, Regency was aware of the presence of mold prior to executing the lease and failed to disclose its presence to the tenant. Plaintiffs further allege Regency was aware of the presence as they had previously instigated litigation against Creamistry LLC, who they ...

Excerpt: ...against Encino Motorcars, Peterson and Zubieta, alleging: 1. Breach of Contract 2. Negligent Misrepresentation 3. Concealment 4. Intentional Misrepresentation On April 20, 2018, Encino Motorcars, Peterson, Zubieta and DLP filed a Cross-Complaint against FMGE, TADG, TADG Real Estate Group, and TADG Real Estate Group II. Cross- Complainants filed an Amended Cross-Complaint (“ACC”) on September 14, 2018. On April 4, 2019, this court granted summ...

Excerpt: ...m for approximately 5 years. Plaintiff further alleges it served Defendant a letter on October 17, 2019, reminding Defendant that the lease would terminate on October 31, 2019 and that Plaintiff would not be renewing the lease. On October 31, 2019, the lease expired and Plaintiff alleges the Defendant has failed and refuses to vacate the premises. Plaintiff also alleges Defendant is in default of the lease agreement because Defendant has placed s...

Excerpt: ...nto an oral contract with Defendants David Kutner and Stacy Perlman Kutner (collectively “Defendants”) to rehab and remodel Defendants' property. Thereafter, the parties were to sell the property and split the profits from the sale or rent the property to a third party. Plaintiff alleges Defendants breached the contract by failing to pay Plaintiff for the work performed even though the property has been rented to a third party since January 2...

Excerpt: ...ion Tools & Supply and RJ'S Demolition & Disposal's Motion to Summary Judgment Moving Party: Defendants RJ's Construction Tools & Supply and RJ's Demolition & Disposal Responding Party: No opposition. Defendant Russell L. Berney as Trustee of the F & J Butler Trust's Motion for Summary Judgment Moving Party: Defendant Russell L. Berney as Trustee of the F & J Butler Trust Responding Party: No opposition. BACKGROUND This action arises out of a tri...

Excerpt: ...rents at 13043 Delano and after 20‐25 years of working for Defendant, he would transfer title of 13402 Delano to Plaintiff. Beginning in 1993 until about 2015, for about 25 years, Plaintiff performed works for Defendant as controller/executive director and forewent a significant portion of her monthly income (at least $5,000 per month) in consideration for residing at 13043 Delano. Over the 25 years Plaintiff resided at 13043 Delano, she expend...

Excerpt: ...ona Health Care, Inc.; Sovereign Health of Florida, Inc.; Sovereign Health of Phoenix, Inc.; Shreya Health of California, Inc.; Shreya Health of Florida, Inc.; Shreya Health of Arizona, Inc.; Sovereign Asset Management, Inc.; and Vedanta Laboratories, Inc. (“Sovereign” or “Plaintiffs”) filed a complaint against Defendants Health Net, Inc.; Health Net of California, Inc.; Managed Health Network, Inc.; and Health Net Life Insurance Company ...

Excerpt: ...ent to Market Pharmacy to fill a prescription. After waiting for his prescription to be filled, Plaintiff alleges the staff of Market Pharmacy misrepresented to Plaintiff that they were out of stock on his prescription and caused Plaintiff emotional distress when they made fun of him and laughed at him. Plaintiff cites violation of several statutes including Business and Professions Code sections 733, 4301, and 4170 through 4179 as well as Unfair...

Excerpt: ...d Plaintiff as an “independent contractor” and did not pay Plaintiff the agreed upon pay of $5,000 per month. Plaintiff further alleges he expended personal funds at the request of Defendants and Defendants have refused to timely pay Plaintiff his wages, for overtime work, and failed to provide Plaintiff meal and rest period compensation. Plaintiff was terminated June 24, 2019. On September 20, 2019, Plaintiff filed a complaint alleging sever...

Excerpt: ...uses of action for (1) PAGA Civil Penalties pursuant to Labor Code § 2699(f)(2) for Failure to Comply with Labor Code § 2802; (2) PAGA Civil Penalties pursuant to Labor Code § 2699(f)(2) for Failure to Comply with Labor Code §§ 1182.12, 1194, 1194.2, 1197, and Wage Order No. 4‐2001, § 4(A); (3) PAGA Civil Penalties pursuant to Labor Code § 2699(f)(2) for Failure to Comply with Labor Code §§ 226.7, 512, and IWC Wage Order 4‐2001, §§...

Excerpt: ...reenplay written by the Plaintiff, which plaintiff intended to help produce with investment money. After some initial conversations, Plaintiff and Defendants entered into both a written and oral agreement whereby Plaintiff agreed to invest money with Defendants for the express purpose of owning and making movies. According to the complaint, Plaintiff provided investment money for 14 movies in exchange for several promises. However, Plaintiff alle...

Excerpt: ...Mariyan Khosravizadeh, Mariyan Consulting, Inc., 23830 Hatteras LLC, 16717 Vanowen LLC, and 6843 Zelzah LLC BACKGROUND Plaintiffs met Mariyan Khosravizadeh (“Mary”) in 2015. Plaintiffs allege Mary presented herself as a licensed real estate agent and owner of a property management/consulting company and that based on Mary's representation, Plaintiffs made a series of loans to Mary and her related companies for real estate investments, which M...

Excerpt: ...n Decl. ¶3.) BACKGROUND This action arises out of a dispute between homeowners and their HOA. Plaintiffs allege Defendant had been informed of the homeless squatters setting up encampment on the common areas of the property on several occasions. However, Plaintiffs allege, Defendant refused to taken action and on August 13, 2019, the homeless encampment caused damage to the electrical panel supplying power to Plaintiffs' unit. As a result, the u...

Excerpt: ...truction Inc.'s Demurrer to Plaintiffs' First Amended Complaint Moving Party: Defendant Jomar Construction, Inc. Responding Party: Plaintiffs John Morris and Cindy Peterson Meet and Confer: See below. BACKGROUND Plaintiffs allege they entered into a contract with Defendant Michael Hricak Architects (“Hricak”) with the purpose of remodeling their existing residence (the “subject property”). Plaintiffs allege they hired Hricak in 2015 as th...

Excerpt: ... The eventual contract listed the seller as Azul, a company in which Daoud and Maroun were part owners. According to Plaintiffs, all payments were made to Daoud at his insistence to a bank account in California. Plaintiffs raised concerns about unpaid taxes but was reassured there was nothing to be concerned about. Daoud represented to Plaintiffs that he had good title and paying him would result in ownership of the properties, which according to...

Excerpt: ...s that it hired Defendant Richard Cole Lyon, Incorporated as an independent contractor to secure new merchant accounts for Plaintiff on July 20, 2018. Plaintiff alleges that eight months later, Plaintiff discovered Richard Cole Lyon, Incorporated, in breach of the agreement, was taking merchants with whom Plaintiff had an existing contractual relationship and signing them up with a different merchant account provider with the merchant's knowledge...

Excerpt: ...d into a peculiar lease agreement with Defendant Property Specialist Group Inc. (“PSG”), PSG's agent (Sean Cohen), and Allstate Realty Group Inc., in which Plaintiff was to transfer ownership of the subject property to PSG. Plaintiff claims this was due to him experiencing financial hardship and subsequently beginning to fall into arrears on his loan on the subject property. However, the lease agreement failed to set forth clear terms as to w...

Excerpt: ...Charter High School (“Birmingham”). On February 28, 2020, Plaintiffs filed their Third Amended Complaint (“TAC”) against Los Angeles Unified School District (“LAUSD”), Birmingham, and Silva asserting causes of action for: 1) Act or Omissions of Public Employee Within Scope of Employment (Gov. Code §815.2); 2)Negligence; 4) Assault; and 5) Battery. Plaintiffs allege they were students at Birmingham at the time of the misconduct in whi...

Excerpt: ...nduct by Defendant Scott Silva, a former lacrosse coach at Birmingham Community Charter High School (“Birmingham”). Plaintiffs filed an initial lawsuit (19STCV17092) on May 16, 2019 on behalf of a single Plaintiff. There are now 14 Plaintiffs joined in the initial lawsuit who assert causes of action for: 1) Act or Omissions of Public Employee Within Scope of Employment (Gov. Code §815.2); 2)Negligence; 4) Assault; and 5) Battery against Defe...