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: ...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: ...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: ... 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...