Excerpt: ...ed their initial Complaint. The operative First Amended Complaint (“FAC”) alleges eight causes of action as follows: breach of guaranty; breach of contract (first count); breach of contract (second count); intentional misrepresentation; negligent misrepresentation; intentional interference with contractual relations; declaratory relief; and unjust enrichment. This case arises from certain transactions among, inter alia, Landmark and Defendant...

Excerpt: ...tly, “Defendants”). However, the Court finds several deficiencies with Plaintiff's default judgment package, as follows: 1. Plaintiff has failed to include a request for dismissal of all parties against whom judgment is not sought (e.g., Does 1-25.) 2. Form CIV-100 indicates that Plaintiff is seeking a total of $0.00 in judgment to be entered. 3. This is an action on a promissory note; however, Plaintiff has failed to include the original of ...

Excerpt: ..., by and through his Guardian-ad-Litem and daughter, Ernessa Armstrong (“Ms. Armstrong”) filed this elder abuse/neglect action on March 3, 2017 against Defendant Centinela Skilled Nursing & Wellness Centre, East, LLC, dba Osage Healthcare & Wellness Centre (“Defendant”)[1]. Mr. Armstrong died on April 18, 2017. Mr. Armstrong, by and through Ms. Armstrong as his successor-in-interest and as an individual (“Plaintiff”), filed the operat...

Excerpt: ...“Plaintiffs”) initiated the instant action on September 21, 2017 against California Restaurant Mutual Benefit Corporation (“CRMBC”). The operative First Amended Complaint (“FAC”) was filed September 29, 2017, naming as Defendants, inter alia, David Mitchell, Dennis Graspointner, Bob Kirshner, Craig Schrader, Kaya Bromley, and Rodney Couch (collectively, the “Individual Defendants”), and the Board of Trustees of CRMBC (the “Board...

Excerpt: ...nts. THE MANDEL COMPANY, INC., et al., Plaintiffs, vs. JOHN C. DEPP, et al. Defendants. Background These are two related actions – the first was filed by John C. Depp II (“Depp”) and Edward L. White (“White”) (jointly, the “Depp Parties”) on January 13, 2017, against The Mandel Company, dba The Management Group (“TMG”), Joel Mandel individually and as former trustee of the Sweetzer Trust (jointly, “J. Mandel”), and Robert Ma...

Excerpt: ...is action on March 12, 2015 against Defendants Joseph Safran (“Safran”), One Capital Group, Inc. (“One Capital”), Mashbir, LLC (“Mashbir”), and 708 Hampton, I, LLC (the “Dina Action”). The operative First Amended Complaint (the “Dina FAC”) in the Dina Action was filed on December 18, 2015. By agreement of the parties, Safran, One Capital, and Mashbir's Answer to the Dina FAC was deemed filed on April 21, 2015. On March 7, 2016...

Excerpt: ... 2016 against Defendants FCA US LLC (“FCA”) and Extreme Automotive Group (“Don-A- Vee”) (jointly, “Defendants”). The Complaint asserts causes of action for violations of the Song- Beverly Consumer Warranty Act (“Song-Beverly Act”), fraudulent inducement-concealment, and negligent repair. Plaintiffs' claims are based on their purchase of a 2012 Jeep Grand Cherokee (the “Subject Vehicle”). On January 17, 2018, FCA served an Amen...

Excerpt: ...566.87. After reviewing Plaintiff's default judgment package, the Court finds the following defects:  Plaintiff's request for the Court to accept a copy of the subject Lease Agreement in lieu of the original is contained in the Declaration of J. Eric Atherholt but no proposed order was included. (See Atherholt Decl., ¶¶ 26‐27.)  Exhibits 4 and 5 to the Declaration of J. Eric Atherholt are not marked. Based on the description of Exhibits...

Excerpt: ...ust 7, 2017 against Defendants Varian G. Penny (“Penny”), Arkadiy Eric Khaimov (“Khaimov”), Sarah Averyt, Mark Rafeh, Rafeh Real Estate and Investments, Inc., Beverly Hills Escrow, Stewart Title of California, and Title 365. The operative Verified First Amended Complaint alleges causes of action for quiet title, reformation of grant deed, negligence, breach of fiduciary duties, and unjust enrichment (“FAC”). As against Penny and Khaim...

Excerpt: ...ion. Defendant Sung K. Lee (“Lee”) now demurs to the Complaint on the grounds of uncertainty and on the grounds that it fails to state a claim. Plaintiffs oppose. Meet and Confer Prior to filing a demurrer, the demurring party must first meet and confer with the party who filed the pleading in an attempt to resolve the pleading issues without resorting to motion practice. Code of Civil Procedure section 430.41 provides: a. Before filing a dem...

Excerpt: ...n February 9, 2016, against Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and Southern California Permanente Medical Group (“SCPMG”) (collectively, “Kaiser”). The Complaint alleges the following: Janya and Salloom were hired by Kaiser on November 12, 2007 and May 19, 2008, respectively. (Compl. ¶¶ 6-7.) For a number of years, Plaintiffs received ratings of “Meets Expectations,” and “Above Meets Expec...

Excerpt: ...serati North America, Inc. (“Defendant”). The Complaint alleges that Defendant violated the Song-Beverly Consumer Warranty Act (“Song-Beverly Act”) by failing to repair Plaintiff's 2014 Maserati Ghibli (the “Vehicle”) within a reasonable number of attempts, and by refusing to repurchase the Vehicle. On December 26, 2017, Defendant filed a First Amended Answer wherein Defendant admitted liability in this matter. On February 6, 2018, Pl...

Excerpt: ... Gerald Vernon Hollingsworth Jr. (“Hollingsworth”) for legal malpractice and breach of fiduciary duty. Plaintiffs allege that Hollingsworth failed to exercise reasonable care and skill in undertaking to perform legal services on behalf of Plaintiffs with regard to a lawsuit filed in San Bernardino County, Case Number 1400443 (the “Underlying Action”). (Compl., ¶ 4.) Hollingsworth now moves the Court to compel arbitration pursuant to an a...

Excerpt: .... aka Vernon C. Warren, Jr. (“Defendant”). Plaintiff seeks a declaration from the Court that Plaintiff's Deed of Trust is now and has at all times since September 19, 2008, been a valid, binding, and enforceable first trust deed lien securing the subject Promissory Note in the original principal amount of $252,000.00 with the subject property; a declaration that Plaintiff is the beneficiary of the Deed of Trust, and the holder in due course o...

Excerpt: ... Lowery (“the Collinge Defendants”) filed a Notice of Related Case (the “Notice”) with regard to the complaint against Plaintiff Insurance Tracking Services, Inc., in Case No. BC632273 in Dept. 68 (the “Earlier Action”). Unfortunately, the Notice was not filed in the Earlier Action. Because the judge in the Earlier Action is the judicial officer who must rule on the Notice, this matter must be continued to a later date to allow time f...

Excerpt: ...tiff”) initiated the instant action on June 17, 2016 by filing a Complaint for Injunctive and Other Equitable Relief and Civil Penalties for: 1) Los Angeles Municipal Code Section 11.00; 2) Public Nuisance in Violation ofCivil Code Section 3479 et seq.; 3) Unfair Competition Law (Business and Professions Code Section 17200 et seq.); and 4) False Advertising Practices (Business and Professions Code Section 17500 et seq.) (the “Complaint”) ag...

Excerpt: ...tiffs Jessica Ramirez, Albert Stuart Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plaintiffs, 2 adults and 4 minor children, were injured as a result of a roof collapse that occurred in their home, a rental unit. In November 2014...

Excerpt: ... agreement. The operative First Amended Complaint (“FAC”) was filed on November 6, 2017. Specially appearing defendant Louis Johnston (“Johnston”) now moves to quash service of the summons and FAC on the basis that he was improperly served. Manlin opposes. Evidence The Court sustains Manlin's objection to Exhibit A to the Declaration of James Saake. Discussion Code of Civil Procedure section 418.10 provides in part: “A defendant, on or ...

Excerpt: ... (“HP Contents”) on the grounds that HP Contents is a dissolved corporation and has failed to pay Counsel's legal fees. The Court finds that Counsel has complied with the procedural requirements of California Rules of Court, rule 3.1362 and has provided sufficient reason for withdrawal. However, the proposed order incorrectly states that the next hearing in this matter is a trial setting conference on March 13, 2018. Counsel should bring a re...

Excerpt: ...art Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plaintiffs, 2 adults and 4 minor children, were injured as a result of a roof collapse that occurred in their home. On September 25, 2017, Defendant BRS Roofing, Inc. (“BRS”) s...

Excerpt: ...2012. Plaintiff filed the operative Third Amended Complaint (“SAC”) on October 28, 2016 against Defendants California Department of Mental Health (now Department of State Hospitals “DSH”), Pamela Ahlin (“Ahlin”), California Department of Corrections (“CDCR”), Scott Kernan (“Kernan”), Board of Parole Hearings (“BPH”), and Jennifer Shaffer (“Shaffer”) (collectively, “Defendants”). Plaintiff alleges that in 2007, DSH ...

Excerpt: ... , COMPEL PLAINTIFF JESSIC A RESPONSES TO: a. SPECIAL INTERROG A C. REQUESTS FOR SANCTION S MOTIONS Background Plaintiffs Jessica Ramirez, Albert Stuart Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plaintiffs, 2 adults and 4 mino...

Excerpt: ...Civil Procedure section 2030.310(d). Defendant lacks capacity to oppose this motion and is effectively not participating in the case. There is no particular reason to conclude that defendant will respond further to the interrogatories. Plaintiff is choosing to seek this relief in lieu of seeking to strike the answer and enter default against the defendant for failing to obtain counsel after a reasonable period of time. There would be no sanctions...

Excerpt: ...nt Corp. dba Chengdu Laozao Hotpot and Qian Z. Lunceford (jointly, “Defendants”). Plaintiffs' Complaint alleges various violations of the wage and hour provisions of the Labor Code as well as a cause of action for conversion and unfair competition (the “Complaint”). Defendants now move to strike the portions of the Complaint referencing disgorgement of profits and punitive damages. No opposition to the motion was filed. Discussion A court...

Excerpt: ...e Medical Center, Inc. (“American Cardiocare”) filed this wrongful foreclosure action on March 5, 2013. Plaintiffs filed a First Amended Complaint (“FAC”) on June 9, 2015 against Defendants New Aid Medical Supply, Inc. (“New Aid”); Earl Collins; Rita Collins; T.D. Service Company (“T.D. Service”); and Fran DePalma (collectively “Defendants”). On September 2, 2015, the Court issued an order striking the FAC and dismissing the a...

Excerpt: ... remember the maker of the pickup. The pickup developed electrical problems. Judge Beaudet's husband took the pickup in to the dealer many times for the same electrical problem. The pickup was tested with some device while it was operating, and eventually, the manufacturer and the dealer agreed to take the pickup back and refund the purchase price. No litigation was involved. Judge Beaudet does not believe that her experience will cause her to be...

Excerpt: ... COMPEL PLAINTIFF ALIYA H AND THROUGH HER GUAR D PROVIDE RESPONSES TO: a. FORM INTERROGAT O C. REQUESTS FOR SANCTION S MOTIONS Background Plaintiffs Jessica Ramirez, Albert Stuart Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plai...

Excerpt: ...UAR D PROVIDE RESPONSES TO: a. SPECIAL INTERROG A b. REQUEST FOR PROD U SET NO. ONE; AND C. REQUESTS FOR SANCTION S MOTIONS Background Plaintiffs Jessica Ramirez, Albert Stuart Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plainti...

Excerpt: ...ound Plaintiffs Notjustdenim, LLC (“Notjustdenim”), Serial Believers, Ltd. (“Serial Believers”), and Lucy Pinter (“Pinter”) (collectively, “Plaintiffs”) initiated the instant action on August 21, 2017. The operative First Amended Complaint (“FAC”) alleges nine causes of action against Defendants Bailey 44 LLC (“Bailey 44”), Christopher Tate (“Tate”), and Norwest Venture Partners XI LP (“NVP”) (collectively, “Defe...

Excerpt: ...tember 8, 2016 (the “Complaint”) against Defendants Jeff Donohue (“Donohue”) and Richard Eyman (jointly, “Defendants”). The Complaint alleges that OneWest is the rightful legal owner of that certain real property located at 15 Misty Acres Road, Rolling Hills Estates, California 90274 (the “Subject Property”) and that Defendants have refused to vacate the Property and return possession of the Subject Property to Plaintiff. Prior to...

Excerpt: ...2, 2017 against Defendants Christopher Lee (“Lee”), Salus Capital Partners, LLC (“Salus”), HGI Asset Management Holdings, LLC (“HGI”), and Spencer Spirit Holdings, Inc. (“Spencer”). On December 15, 2017, the Court sustained the demurrer by Salus and HGI to the seventh (UCL violations) and eighth (unjust enrichment/constructive trust) causes of action with leave to amend. <00440057004c0059004800 00240050004800510047[ed Complaint (�...

Excerpt: ...ainst Defendants Joseph Safran (“Safran”) and One Capital Group, Inc. (“One Capital”) (jointly, “Defendants”). In the alternative, Perez moves for an order compelling the depositions of Defendants and for monetary sanctions. Perez has been attempting to schedule Defendants' depositions since April 17, 2017. (Moas Decl., ¶ 2.) Depositions Notices with attendant document production demands were served on Defendants on April 24, 2017 (M...

Excerpt: ...RROGAT O b. SPECIAL INTERROG A c. REQUEST FOR PROD U SET NO. ONE; AND C. REQUESTS FOR SANCTION S MOTIONS Background Plaintiffs Jessica Ramirez, Albert Stuart Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plaintiffs, 2 adults and 4...

Excerpt: ...ion in interpleader on October 4, 2013 against a number of defendants, including David DeShay (“DeShay”) (the “Interpleader Complaint”). On January 6, 2017, Intervening Defendant James Mellein (“Mellein”) filed the operative First Amended Answer and Cross-Complaint in Intervention (“FACC”). Mellein served DeShay with various written discovery requests, and when DeShay failed to respond, Mellein moved for orders compelling response...

Excerpt: ...t the hearing, Plaintiffs Harvey Stone and Donna Stone (“Plaintiffs”) made a request to continue the motion so that discovery relating to those jurisdictional issues could be conducted. The Court granted Plaintiffs' request and ordered that the motion to quash be continued to March 13, 2018. The Court further ordered the parties to participate in an Informal Discovery Conference (“IDC”) in the event of a dispute relating to the jurisdicti...

Excerpt: ...atory and Injunctive Relief to Recover Illegal Expenditures of Public Funds on April 5, 2017 against Defendants GDL Best Contractors, Inc. (“GDL”), Francisco M. Lopez, Jose C. Lopez, and Benjamin Lopez (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 8, 2017. The gravamen of the FAC is the allegation by CTAN that GDL entered into an illegal or invalid contract with Real Party in Interes...

Excerpt: ...mployment and Housing Act (“FEHA”) on March 23, 2016 against Defendant County of Los Angeles Department of Mental Health (“Defendant” or “County”). Plaintiff filed the operative Third Amended Complaint (“TAC”) in this action on January 8, 2018, alleging five causes of action for (1) workplace color discrimination; (2) national origin discrimination; (3) hostile work environment; (4) retaliation for engaging in a protected activity...

Excerpt: ...LIABILITY APPEAL AND B. PREVAILING ON FEES/COSTS APPEAL Background On January 15, 2014, Plaintiff The Redbean House Corporation (“Redbean”) filed a complaint against Defendant Colonnade Wilshire Corp. (“Colonnade”), Charles Dunn Real Estate Services, Inc. (“Charles Dunn”), Amir Madadi (“Madadi”), and DOES 1 through 10 (collectively “Defendants”) alleging causes of action for: (1) intentional misrepresentation; (2) negligent mi...

Excerpt: ...School District (“LAUSD”). The gravamen of Agrusa's Complaint is that prior to retiring, when he worked as a District Supervising Building/Construction Inspector, he was subjected to discrimination and harassment based on his disability. Agrusa alleges that LAUSD, his then-employer, failed to engage in the interactive process, failed to provide him a reasonable accommodation, and forced him to retire. LAUSD now moves for summary judgment, or ...

Excerpt: ...nctive Relief to Recover Illegal Expenditures of Public Funds on April 5, 2017 against Defendants GDL Best Contractors, Inc. (“GDL”), Francisco M. Lopez, Jose C. Lopez, and Benjamin Lopez (collectively, “Defendants”). The operative First Amended Complaint (“FAC”) was filed on November 8, 2017. The gravamen of the FAC is the allegation by CTAN that GDL entered into an illegal or invalid contract with Real Party in Interest Montebello U...

Excerpt: ... Inc. (“Subaru”) alleging violations of the Song Beverly Consumer Warranty Act and Magnuson-Moss Act (the “Complaint”). Subaru served its first set of written discovery, including Special Interrogatories, on June 27, 2017. (Ruggerello Decl., ¶ 2.) Parker served responses on or about August 1, 2017; the responses were unverified. (Ruggerello Decl., ¶ 3, Ex. E.) On September 7, 2017, counsel for Subaru sent a meet and confer letter to Par...

Excerpt: ...�Complaint”). Defendant demurs to the Complaint on the basis that the cause of action fails to state a claim and is uncertain. No opposition to the demurrer was filed. Proof of Service Pursuant to Code of Civil Procedure section 1005, Defendant was to provide notice of the demurrer at least 16 court days before the hearing. (Code Civ. Proc., § 1005(b).) However, Defendant has not filed a proof of service of the demurrer. (Cal. Rules of Court, ...

Excerpt: ...August 11, 2017. Default was entered against Defendants Fady Bastawros and Reham Bastawros (jointly, “Nail Garden”) on September 19, 2017. Judgement for possession only was entered on September 21, 2017. Valencia now moves for leave to file a First Amended Complaint to seek damages related to Nail Garden's breach of the operative lease. No opposition was filed. Discussion Pursuant to Code of Civil Procedure section 473(a)(1), “[t]he court m...

Excerpt: ...Defendants McDermott Will & Emery LLP (the “Firm”) and Jonathan C. Lurie (“Lurie”) (jointly “Defendants”) The First Amended Complaint (“FAC”) was filed on June 15, 2016. The FAC alleges that Defendants were retained by Plaintiff's deceased husband, Dwight D. Opperman (“D. Opperman”) during his lifetime to prepare and implement his estate plan. The Complaint further alleges that D. Opperman intended for Plaintiff to receive a s...

Excerpt: ... or implied rental agreement. The operative First Amended Complaint (“FAC”) was filed on November 6, 2017. Defendant Bernadine Johnston Stolar (“Stolar”) now moves to quash service of the summons and FAC on the basis that she was improperly served pursuant to Code of Civil Procedure section 414.10. Manlin opposes. Discussion Stolar contends that on November 20, 2017, while she was in court, Manlin “walked over to where [she] was seated,...

Excerpt: ... Richard Ashbee (“Ashbee”) and Regent Global GT, LLC (“Regent”) (jointly, “Defendants”). The Complaint alleges causes of action for breach of contract, fraud, common counts, conversion, and negligent misrepresentation. Defendants now demur to the fraud, common counts and negligent misrepresentation causes of action on the basis that they fail to state facts sufficient to constitute a cause of action and that they are uncertain. Dash N...

Excerpt: ...OF $7,060.00 Background Plaintiff Gennifer Anderson (“Plaintiff”) filed this action on June 29, 2017 against Defendants Atkins and Atkins Services, Inc. (“AASI”), Kevin Atkins, and Susan Atkins (collectively, “Defendants”). The Complaint alleges wage and hour violations as well as a violation of Business and Professions Code section 17200. Plaintiff served AASI with Request for Production of Documents and Things, Set One (“RFP”) o...

Excerpt: ... Inc., Skycore Systems, LLC, and John Ryan. At the case management conference on February 5, 2018, the Court informed Plaintiff that default cannot be entered as to “unknown entities.” However, Plaintiff has failed to take any action to address this defect, such as requesting to amend the complaint. The Court further notes that Plaintiff failed to specify the costs it seeks to recover in the Memorandum of Costs (section 7 of Form CIV‐100). ...

Excerpt: ...to be affiliated with a religious organization identified as Jeungsando. The operative First Amended Complaint (“FAC”) was filed on July 25, 2017. Proofs of service were filed on August 17, 2017 purporting to serve certain defendants by substitute service. Specially Appearing Defendants Joong Kun Ahn, Jong Sung Lee, Hyung Sung Kim, Kyung Hee Lee, Suk Kim, Kiyong Kim, Myung Sun Yoo, and Jeungsando (collectively, “Specially Appearing Defendan...

Excerpt: ... (“Farag”) (jointly, “Defendants”). The gravamen of Plaintiff's Complaint is that Defendants breached a settlement agreement entered into after mediation. The mediation was conducted to resolve a pending class action lawsuit for labor violations against Platinum, Case No. BC 544054 (the “Class Action”). (Complaint, ¶¶ 8-9.) The Class Action was filed on April 29, 2014. (Complaint, ¶ 8.) The mediation was conducted on April 15, 2016...