Excerpt: ...aintiffs MARIA RIVERA and JAIME RIVERA on April 18, 2017. Plaintiffs allege in pertinent part, “Defendant ROSA CRUZ and MIRNA ESCALANTE RIM are landlords to both plaintiffs. [¶] In accordance with the oral rental agreement Plaintiffs entered into possession of the premises and continued to occupy them until the filing of this action. [¶] On or at the beginning of this year, defendants Cruz and Rim asked plaintiffs to move out…. They entered...

Excerpt: ...n for contractual fraud was filed by Plaintiffs GARI MASI and FERN ELLEN MASSI on September 6, 2017. Plaintiffs' SAC, filed on February 13, 2018, asserts the following causes of action: (1) Fraud; (2) Breach of Contract; (3) Conversion; and (4) Quiet Title. Defendant SHANNON WRIGHT demurs to all of the causes of action asserted within Plaintiffs' SAC pursuant to CCP §430.10(e). First Cause of Action – Fraud Fraud actions are subject to strict ...

Excerpt: ...ys of the date of this hearing. Le requests sanctions against Solorio and Solorio's former attorney, Mr. Rosiak, for the “frivolous” filing of Solorio's procedurally improper First Amended Cross Complaint pursuant to CCP §128.5. CCP §128.5 provides: “A trial court may order a party, the party's attorney, or both to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in ...

Excerpt: ...statements contained therein. Cal. Ev. Code §452. This breach of contract action was filed by Plaintiffs JOSEPH VINCI and JOSEPHINE VINCI on January 29, 2018. Plaintiffs allege, in pertinent part: “Plaintiffs entered into a written agreement with Defendant RODE BROS., INC. (‘Rode') … to provide certain work, labor and materials to a home improvement project located at 8111 Coventry Circle, Whittier, California 90605…. The scope of work i...

Excerpt: ...ive Notice. The Parties' Requests for Judicial Notice are GRANTED. Cal. Ev. Code §452. This action was filed by Plaintiff DIANE MARKOFF on January 5, 2017. Plaintiff alleges that on January 14, 2016, she visited her deceased mother (“Decedent”) at Defendants' facility to spend a few moments with Decedent and to take a final picture of her. Plaintiff alleges that a hospital nurse, Tanya La Francis (“Nurse”) “became enraged” and “mov...

Excerpt: ...of the date of this hearing. Plaintiff DAVID RUDICK is ORDERED to provide verified responses, without objection within 15 days of the date of this hearing. Moving Party to give Notice. No Opposition filed as of April 19, 2018. If a party to whom interrogatories are directed fails to respond at all, the propounding party's remedy is to seek a court order compelling answers thereto. (CCP §2030.290.) All that needs to be shown is that the discovery...

Excerpt: ...o pay Defendant MJCK CORPORATION and its counsel of record, sanctions in the total amount of $360.00 ($300/hr. x 1 hrs.) + ($60 filing fee) within 15 days of the date of this hearing. Plaintiff NINGBO RONGZHI CLOTHES CO LTD is ORDERED to provide verified responses and documents, without objection within 15 days of the date of this hearing. The Court notes that the Moving Papers allude to the existence and attachment of Mr. Biggins' Declaration. T...

Excerpt: ... been made available on behalf of the individual and where the amount of reimbursement the State can reasonably expect to recover exceeds the costs of such recovery, the State or local agency will seek reimbursement for such assistance to the extent of such legal liability.” (42 U.S.C. §1396(a)(25)(A)(B).) “The director's recovery is limited to the amount derived from applying Section 14124.72, 14124.76, or 14124.78, whichever is less, to th...

Excerpt: ...o the previously set trial date of September 11, 2017. There have since been two continuances of the trial date, and trial is now set for May 22, 2018. On February 28, 2017, Defendant inadvertently served Plaintiff with a Second Demand for Expert Exchange (after the trial date had been changed). Consequently, Plaintiff served Defendant with a Second Expert Witness Designation (designating David Lewin, Ph.D.). Defendant now seeks a protective orde...

Excerpt: ...aint. On August 24, 2017, this action was transferred to Dept. SE‐F, and reclassified as an Unlimited Action. Plaintiff argues that “it is…necessary to amend the original Petition filed in the Probate Division and ordered transferred to this court to state the newly assigned case number and case title, and to include the foresaid claim's and causes of action that have arisen after the filings of the initial petition….” (Kelly Decl., ¶1...

Excerpt: ...wood Regional Medical Center – X‐rays; Fariba Shokoohy, M.D.; Los Coyotes Drug; Golden Age Dental Care; Dennis Clark, M.D.; Dennis Clark, M.D. – Billing; Los Alamitos Medical Center; Los Alamitos Medical Center c/o Central Financial Control; Los Alamitos Medical Center – X‐rays; Super Care Inc.; Pharm D & Associates, Inc.; California Diagnostics Laboratories; California Mobile X‐ray; Americare Ambulance Service; Companion Home Health ...

Excerpt: ... of $310.00 ($250/hr. x 1 hr.) + ($60 filing fee) within 15 days of the date of this hearing. Defendant VANDANA AGARWAL is ORDERED to provide verified responses to Plaintiff/Cross‐Defendant's Form Interrogatories, without objection within 15 days of the date of this hearing. Moving Party to give Notice. No Opposition filed as of April 17, 2018. Motion to Compel Form Interrogatories If a party to whom interrogatories and document demands are dir...

Excerpt: ...suaded that counsel have exhausted their meet and confer obligations pursuant to the Code. Counsel are advised that their meet and confer efforts should go beyond merely sending letters stating their respective positions. (See Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) Further, pursuant to the parties' representations, many of the disputed items can be, or have been resolved without Court intervention. Counsel are ORDERED to ma...

Excerpt: ... a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281.1 and 1281.4 must state, in addition to other required allegations, the provisions of the writ...

Excerpt: ...GRANTED. CCP § 2025.450. Defendant/Cross-Complainant LAQUENT D. FOBBS is ORDERED to pay Plaintiff/Cross-Defendant VEROS CREDIT, LLC and its counsel of record, sanctions in the total amount of $1,642.50 ($325/hr. x 4.5 hrs.) + ($180 filing fee) within 15 days of the date of this hearing. Defendant/Cross-Complainant LAQUENT D. FOBBS is ORDERED to provide verified responses to Plaintiff/Cross-Defendant's Form Interrogatories (set two), without obje...

Excerpt: ...THLEEN ANDERSON, individually and as successor in interest to decedent JOHNNY ANDERSON; and the ESTATE OF JOHNNY ANDERSON, by and through KATHLEEN ANDERSON. Plaintiffs' Fourth Amended Complaint was filed on December 4, 2017, and asserts the following causes of action: (1) Wrongful Death; (2) Battery and Survivorship; and (3) Violation of Civil Code §52.1. Defendants COUNTY OF LOS ANGELES (“County”) and KARLOS MILLAN (“Millan”) demur to P...

Excerpt: .... This quiet title action was filed on September 21, 2017 by Plaintiff RONALD RODRIGUEZ. Plaintiff alleges that in or around May 2013, he owned the Subject Property located at 21107 Haston Place, Lakewood, California 91705. (FAC ¶6.) “At the time, because of the economic downturn, Plaintiff's <00870085008e0091009500 00060003021b037901e4>) Plaintiff further alleges that his mother's fiancé, Defendant ROBINSON VELEZ, offered to help Plaintiff a...

Excerpt: ...50. Moving Party to give Notice. Motion to Strike Answer Cross‐Complainant DIAZ's motion to strike Cross‐Defendant CALIFORNIA ELDER LAW CENTER, INC.'s (“CELC”) Answer filed December 6, 2017 is STRICKEN Cross‐Defendant did not obtain leave of Court prior to filing it. (See CCP §472; Bank of America v. Goldstein (1938) 25 Cal.App.2d, 37, 45.) Motion to Strike First Amended Cross‐Complaint On January 30, 2018, Cross‐Complainants MICHA...

Excerpt: ...ary 17, 2017, asserts the following causes of action: (1) Accounting; (2) Breach of Fiduciary Duty; (3) Conversion; (4) Elder Abuse; (5) Quiet Title of Allred Avenue Property; (6) Conversion of Stock Certificate (Leisure World); (7) Injunction; (8) Declaratory Relief; (9) Fraud; and (10) Claim and Delivery. Plaintiff moves to sever his first cause of action for accounting. Plaintiff argues that the first cause of action for accounting should be s...

Excerpt: ...tice. Defendant/Cross‐Complainant JAIME G. MONTECLARO is ORDERED to provide further verified written responses, without objection to Plaintiff/Cross‐ Defendant LEGAL SUPPORT, INC.'s (i) Form Interrogatories (set one); and (ii) Special Interrogatories (set one), no later than 10 days from the date of this hearing. Defendant/Cross‐Complainant JAIME G. MONTECLARO is ORDERED to pay Plaintiff/Cross‐Defendant LEGAL SUPPORT, INC. and its counsel...

Excerpt: ...s may appear and argue the merits on the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41. The declaration must be filed directly in Department SE‐C no later than 3:00 p.m. on April 30, 2018. (NO FAX FILING.) CCP § 430.41(a), effective for demurrers filed on or after Ja...

Excerpt: ...aintiff's Complaint asserts the following causes of action: (1) Intentional Interference with Prospective Economic Relations; (2) Negligent Interference with Prospective Economic Relations; and (3) Inverse Condemnation in Violation of California Constitution Article I, §19. Defendant CITY OF PICO RIVERA (“Pico Rivera”) demurs to the entire Complaint pursuant to CCP §430.10(e) and (f). Defendant argues that the Complaint is fatally uncertain...

Excerpt: ...tiff alleges that the non‐judicial foreclosure sale of her residential property should be enjoined due to Defendant NATIONS DIRECT MORTGAGE, LLC's conduct in their alleged refusal to provide Plaintiff with a loan modification. Plaintiff's SAC, filed October 17, 2017, asserts the following causes of action: (1) Violation of Homeowner's Bill of Rights, Cal. Civ. Code §2923.6; (2) Negligence; (3) Violation of Bus. & Prof. Code §17200 et seq.; an...

Excerpt: ...ive Order after it is executed by the parties' and received by this Court. II. Plaintiffs' motion to compel Defendant GLORIA MONICA RODRIGUEZ to produce documents requested at her deposition and to answer deposition questions related thereto is GRANTED in part. III. Defendant ALI SABBAGHZADEH, D.D.S.'s motion to quash deposition subpoenas for production of bank records is GRANTED. IV. Defendant ERNESTO TENA, D.D.S.'s motion to quash amended Depos...

Excerpt: ...el's motion to withdraw was granted February 28, 2018. As of March 28, 2018, no Substitution of Counsel has been filed. On December 12, 2017, this Court ORDERED Defendant MALDONADO to serve further responses, without objection to Form Interrogatory 17.1 (with respect to RFA's 3-8). Notwithstanding, as of January 22, 2018 (the filing date of the instant motion), no further responses have been served. Consequently, Plaintiff argues that the Court s...