Excerpt: ...: Plaintiff Poonsook Brainangkul alleges that she is the owner of real property in Glendale where she resides as her principal residence. Plaintiff alleges that in July 2015, she submitted a loan modification application to defendant Select Portfolio Servicing, and was approved for a trial period plan, pursuant to which she would make three timely payments and thereafter her loan would be permanently modified. Plaintiff made all three payments, d...

Excerpt: ...s International, LLC alleges that it is the successor in interest to L.A. Fitness, Inc. with respect to a Lease agreement with defendant Hillcrest Main Street Associates, L.P., the owner of real property and building improvements in Alhambra, pursuant to which plaintiff, as tenant, leased the subject premises for the operation of a full-service health club and fitness facility. Plaintiff alleges that in the Lease defendant landlord represented th...

Excerpt: ...Raipp (No Opposition) Relief Requested: Summary judgment, or in the alternative, summary adjudication, against Christine Charlier aka Christine Ramos aka Christine Raipp Causes of Action from Complaint 1) Breach of Contract 2) Common Count SUMMARY OF COMPLAINT: Plaintiff Financial Services Vehicle Trust, by and through its servicer, BMW Financial Services NA, LLC, alleges that defendant Christine Charlier aka Christine Ramos aka Christine Raipp e...

Excerpt: ...aint 1) General Negligence 2) Premises Liability Count One—Negligence Count Three—Dangerous Condition of Public Property SUMMARY OF FACTS: Plaintiff Gunner Guzman, through his GAL, alleges that in April of 2018, defendant Duarte Unified School District negligently maintained, inspected, repaired, managed, supervised and controlled the playground at Royal Oaks Stream Academy, as a result of which plaintiff slipped and fell at the premises, res...

Excerpt: ...he was terminated in June of 2010 from his position as a police officer with defendant the City of Burbank Police Department, based on an investigation of an incident occurring during a take-over robbery by MS 13 gang members of the Portos Bakery in Burbank, with respect to concerns that an unknown officer had assaulted a witness in a police department hallway and another officer had witnessed the incident and failed to report it. Plaintiff alleg...

Excerpt: ...eges that in April 2019 while he was a tenth-grade student at defendant Village Christian School, another student at the school, defendant Dietrich Amrhein (“Manolo”), inserted a dildo into plaintiff's anus over his clothing, causing plaintiff immediate pain. Plaintiff alleges that this incident occurred while the students were in a Spanish class during the time between periods, with permission to be in the classroom, and while the teacher sa...

Excerpt: ...(Quash) (No Oppositions) RELIEF REQUESTED: Further Responses to Form Interrogatories, Special Interrogatories Order quashing or modifying subpoenas for records FACTUAL BACKGROUND Plaintiff Jane CS Doe alleges that while plaintiff was a student at South Pasadena Middle School, under the care of defendant South Pasadena Unified School District, plaintiff was sexually harassed, molested and abused by defendant Deguzman, whom the District had hired t...

Excerpt: ... 2019, October 23, 2019 and July 16, 2020. FACTUAL BACKGROUND: The City of Bradbury has filed this action based on a Petition for Appointment of Receiver and for Other Relief pursuant to Health and Safety Code section 17980.7, alleging that residential property on Barranca Road in Bradbury is in such a state of disrepair and neglect that it is a substantial threat to the health and safety of its occupants and the nearby community. The petition al...

Excerpt: ...rly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc. Poonsook Brainagkul Request to Procedural Requirements of Motion [CRC Rule 3.350]:...

Excerpt: ...ED: Order allowing the filing of record and materials under seal Sustain demurrer to first, fourth and fifth causes of action of First Amended Complaint Strike Punitive Damages, allegations of recklessness CAUSES OF ACTION: from First Amended Complaint 1) Violation of 42 USC section 1395dd—Failure to Provide Medical Screening Examination 2) Violation of 42 USC section 1395dd—Failure to Stabilize And/Or Transfer 3) Violation of California Heal...

Excerpt: ...y 27, 2021 Demurrer filed on: March 22, 2021 Pleading served on: January 27, 2021 within 30 days?: Ok, Meet and confer decl. 2/18/21 Meet and Confer? Yes RELIEF REQUESTED: Sustain demurrer to Third Amended Complaint Strike irrelevant, immaterial allegations, Statutory Damages, Special Damages, Attorneys' Fees, Punitive Damages CAUSES OF ACTION: from Third Amended Complaint 1) Conversion (Count One) 2) Conversion (Count Two) SUMMARY OF FACTS: Plai...

Excerpt: ...on a claim for money based upon a contract, express or implied, where the total amount of the claim is a fixed or readily ascertainable amount not less than $500, exclusive of costs, interest and attorney's fees] Claim is for amount due under written Lease Agreement between The Daniel Mellinkoff Trust Dated June 9, 1995 and defendant Yi Dong Seafood Restaurant, Inc. for the lease of premises in Pasadena, which lease was guaranteed by defendant Se...

Excerpt: ...adia, which she occupies as her principal residence, and that during the course of paying off the mortgage loan on the subject property, in February of 2015, defendants' predecessor in interest, Shellpoint Mortgage Servicing, on behalf of the holder in due course of the mortgage loan, offered to settle the entire unpaid principal balance under the subject loan ($48,381.59) with a one-time lump sum payment of $19,352.64 due by April 15, 2015. Plai...

Excerpt: ...Breach of Implied Warranty of Habitability 2) Battery 3) Negligence—Premises Liability—Failure to Warn 4) Nuisance 5) IIED 6) NIED 7) Breach of Contract 8) Breach of Covenant of Quiet Enjoyment SUMMARY OF FACTS: Plaintiffs Sharon Suzanne Bui, Thy Tran Thahn Vu, and Jesse Turner Crawford, IV allege that from August 30, 2018 through September 3, 2018, they stayed as guests pursuant to a rental agreement, at premises in San Gabriel, owned or man...

Excerpt: ...unitive, treble damages, attorneys' fees CAUSES OF ACTION: from Complaint 1) Negligence v. All Defendants 2) Negligent Supervision v. All Defendants 3) Negligent Hiring/Retention v. All Defendants 4) Negligent Failure to Warn, Train or Educate v. All Defendants 5) Constructive Fraud v. All Defendants 6) Breach of Fiduciary Duty v. All Defendants 7) IIED v. All Defendants 8) Sexual Harassment v. All Defendants 9) Sexual Battery v. Deguzman 10) Gen...

Excerpt: ...alleges that on June 9, 2015, plaintiff was traveling on Interstate 5 southbound approximately 100 feet north of Alameda Avenue in the City of Burbank, where a low hanging live and uncovered electrical wire was stretched across the freeway, hanging at such a height that it posed an unreasonable and foreseeable risk of contact by tall vehicles passing below. Plaintiff alleges that as he was approaching the site of the overhanging electrical wire, ...

Excerpt: ...ignee of claims from its assignor Medico Linen Supply for debts due by defendants Arturo Perez Cedillo, individually and dba Massage Plus Company, and Kanitta Srikong, individually and dba Massage Plus Company. The complaint seeks sums in the amount of $48,918.16. The file shows that on September 30, 2020, plaintiff filed a Request for Entry of Default of defendant Kanitta Srilong, which was entered as requested the same date. ANALYSIS: Defendant...

Excerpt: ... Inzalaco “Joinder” by defendant County of Los Angeles-- summary judgment on its own behalf Causes of Action from First Amended (Form) Complaint 1) Premises Liability SUMMARY OF COMPLAINT: Plaintiff Virginia Inzalaco alleges that in February of 2020, she was walking along a public sidewalk between a parking lot operated by defendant City of Temple City and 5829 Temple City Boulevard in Temple City, when she tripped on an uneven concrete sidew...

Excerpt: ...native, summary adjudication of each cause of action Causes of Action from Second Amended Complaint 1) Discrimination 2) Failure to Prevent Discrimination Government Code sections 12940 (a) and 12940 (k) 3) Retaliation in Violation of Government Code section 12940 (h) SUMMARY OF COMPLAINT: Plaintiff Micko White alleges that he was employed by defendant the City of Pasadena in its Water and Power Department for over thirty years, and that during t...

Excerpt: ...that in August of 2018 plaintiff commenced construction work at property in Monrovia, title of which is held by the Rachelle K. Stull 2014 Revocable Trust, of which defendant Rachelle K. Stull is the trustee. Plaintiff alleges that the subject property was originally purchased at the request of Stull by defendants Michael Scott Dowell and Julia L. Dowell, who are husband and wife, and are the beneficiaries of a deed of trust recorded against the ...

Excerpt: ...matter is improperly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc. Poonsook Brainagkul Request to Procedural Requirements of Motion ...

Excerpt: ...ud 3) Elder Abuse SUMMARY OF FACTS: Plaintiff Elva Castorena alleges that plaintiff entered into a written contract with defendant Pacific Coast Home Solutions, Inc. for significant home remodeling work, and that separate contracts were formed between plaintiff and defendant ASO, LLC and defendant1st Point Lending for a loan to pay for the work. Plaintiff also alleges that a third agreement existed between plaintiff and defendant HERO Program, wh...

Excerpt: ...int Strike Punitive Damages, allegations of recklessness CAUSES OF ACTION: from First Amended Complaint 1) Violation of 42 USC section 1395dd—Failure to Provide Medical Screening Examination 2) Violation of 42 USC section 1395dd—Failure to Stabilize And/Or Transfer 3) Violation of California Health and Safety Code section 1317 4) IIED 5) Negligent Hiring, Supervision, or Retention of Employee SUMMARY OF FACTS: Plaintiff Shake Rubyan alleges t...

Excerpt: ...Harrison RELIEF REQUESTED: File a Second Amended Complaint Date Original Complaint filed: November 5, 2019 Effect of Amendment Joins defendants The American National Red Cross, Natalie Del Castillo, Giancarlo Dimassa, M.D., P.C., Dimassa Family Trust, Trevor Borham and Life Saving Certified, adds a cause of action for fraud, adds allegations of gross negligence RELEVANT FACTS: Plaintiffs Elena Matyas and Douglas Forbes, the parents of decedent Ro...

Excerpt: ...express indemnity in the cross-complaint Summary adjudication as to the claim for negligent entrustment in the first cause of action for negligence Causes of Action from Cross-Complaint 1) Negligence 2) Contractual Indemnity 3) Equitable Indemnity 4) Contribution 5) Declaratory Relief SUMMARY OF FACTS: Plaintiff Lisa Goodrich alleges that on June 19, 2017, while she was a passenger in a vehicle which was entering an intersection, defendant Guille...

Excerpt: ...s of Action from Second Amended Complaint 1) Legal Malpractice 2) Negligent Advice to Client 3) Constructive Fraud 4) Breach of Fiduciary Duty 5) Breach of Contractual Commercial Lease 6) Intentional Misrepresentation of Material Facts 7) Fraud in the Inducement 8) Negligence 9) Breach of Warranty of Quiet Enjoyment 10) Constructive Eviction 11) Breach of the Covenant of Good Faith and Fair Dealing 12) IIED 13) Breach of Oral Contract 14) Breach ...

Excerpt: ... to permit discovery into matters relating to the enforcement of the preliminary injunction issued in this case. SUMMARY OF FACTS: The complaint alleges that plaintiff J & J Freight Solutions, LLC is a successful trucking business, and that Golden J Group, Inc. is a sister business of J & J, providing backup services for J & J that comprised of assisting in port entry, trucking, repairing, warehousing and repackaging services, as well as handling...

Excerpt: ...matter is improperly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc. Poonsook Brainagkul Request to Procedural Requirements of Motion ...

Excerpt: ...Set Two Responses to Request for Production of Documents, Set One Responses to Request for Production of Documents, Set One Order Deeming Requests for Admissions Admitted CHRONOLOGY Date Discovery served: October 2, 2020 Extensions of time to respond until: December 14, 2020 Date Responses served: December 15, 2020, no verifications Date Motion served: January 20, 2020 Timely OPPOSITION: No opposition. ANALYSIS: Interrogatories and Documents Unde...

Excerpt: ...operty in Pasadena, located at 285 Arlington, which is within a common interest development governed by the Arlington Green (the “Association”). Plaintiff alleges that her unit has a balcony deck with tile flooring and a roof covering it, and that a dispute has arisen between plaintiff and the Association concerning alleged water intrusion into the unit beneath plaintiff's unit, 287 Arlington. Plaintiff alleges that the Association has contra...

Excerpt: ...matter is improperly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc. Poonsook Brainagkul Request to Procedural Requirements of Motion ...

Excerpt: ...e [Exhibit 14] RELIEF REQUESTED BY MOVING PARTY: Order compelling the defendant to produce a PMQ for all categories enumerated in the deposition notice, and directing defendant to comply within ten calendar days DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Ex.15, Kim Decl., para. 10 MONETARY SANCTION REQUESTED BY MP: No Monetary Sanctions sought FACTUAL BACKGROUND: Plaintiff Livia Chandra alleges th...

Excerpt: ...t plaintiff In the alternative, summary adjudication of each cause of action and claim for general damages Causes of Action from First Amended Complaint 1) Violation of Consumer Legal Remedies Act 2) Violation of Song-Beverly Act SUMMARY OF COMPLAINT: Plaintiff Tamara Hopkins alleges that in December of 2015 she purchased a vehicle from defendant Carmax Auto Superstores California, LLC as seller. Plaintiff alleges that prior to purchasing the veh...

Excerpt: ...FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Marcel Miller brings this action against his former residential landlord, defendant 1042 Western Apartment, LLC, alleging that during his tenancy in the subject apartment unit, defendant failed to provide habitable living conditions. It is also alleged that defendant harassed and made verbal threats to plaintiff in retaliation for plaintiff complaining about the condition of the subject unit, and that ...

Excerpt: ... Complaint filed: October 2, 2018 Effect of Amendment Adds cause of action for constructive trust, adds an additional defendant, Prapis Lertsmitivanta, and amend allegations to reflect newly discovered information RELEVANT FACTS: Plaintiff Prapai Benjauthrit brings this action against her brother, defendant Booseing Benjauthrit, alleging that the parties took title to four properties on Marion Drive in Glendale in 1977 as joint tenants, with the ...

Excerpt: ...omplaint 1) Negligence 2) Assault and Battery 3) IIED 4) NIED 5) Negligent Supervision, Negligent Hiring, and Retention SUMMARY OF FACTS: Plaintiff Anthony Reyes alleges that in April 2019 while he was a tenth grade student at defendant Village Christian School, another student at the school, defendant Dietrich Amrhein (“Manolo”), inserted a dildo into plaintiff's anus over his clothing, causing plaintiff immediate pain. Plaintiff alleges tha...

Excerpt: ... Indebitatus Assumpsit 5) Quantum Meruit 6) Money Lent 7) Money Paid 8) Account Stated SUMMARY OF FACTS: Plaintiff BLT Communications, LLC alleges that in October of 2017, plaintiff entered into a written agreement with defendants Facing East Entertainment, a partnership, pursuant to which plaintiff agreed to provide various entertainment services, which plaintiff performed. The Third Amended Complaint alleges that defendants Markus Barmettler, F...

Excerpt: ...ch he intends to develop, and that he took title and possession of the property with notice that defendants Scott Heitkamp and Lorraina Arceo, the owners of property adjoining the subject property, used a walking path across the property to access the adjoining property. Plaintiff alleges that plaintiff has discovered that no easement has been recorded against the subject property for the walking path, that the prior owner of the property was fri...

Excerpt: ...of Good Faith and Fair Dealing 3) Intentional Interference with Contractual Relationship 4) Harassment 5) Private Nuisance 6) IIED 7) Loss of Consortium SUMMARY OF FACTS: Plaintiff American Express National Bank brings this action to collect sums allegedly due to plaintiff by defendant Matthew Klint for failure to repay credit extended to defendant for purchases or cash advances on two American Express credit card accounts. Defendant Klint has fi...

Excerpt: ...use of Prayer, Inc. (No Opposition) Cross-Complainant Sherrie Carr (Strike—No Opposition) RELIEF REQUESTED: Evidence sanctions precluding defendants from presenting any evidence in support of affirmative defenses in answers or evidence of damages claimed on cross-complaint Evidence sanctions precluding defendants from introducing any documents at trial Strike seventh cause of action from Second Amended Cross-Complaint CHRONOLOGY Date Discovery ...

Excerpt: ...rly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc. Poonsook Brainagkul Request to Procedural Requirements of Motion [CRC Rule 3.350]:...

Excerpt: ...ding Inc. Construction dba Building Construction Group on the second and seventh causes of action set forth in the Complaint filed by plaintiffs. CAUSES OF ACTION: from Third Amended Complaint 1) Rescission (SWH Contracts) 2) Rescission (BCG Contract) 3) Fraud (SWH Contracts) 4) Fraud (BCG Contract) 5) Breach of Fiduciary Duty 6) Professional Negligence 7) Violation of Business and Professions Codes 8) Breach of Contract (SWH Contracts) 9) Breach...

Excerpt: ...her Response to Form Interrogatories, Set One, Number 10.3 Further Response to Special Interrogatories, Set One, Number 5 Orders quashing subpoena for production of business records issued by defendant Dedicato Treatment Center, Inc. on the custodian of records for Dr. George Tang. DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes FACTUAL BACKGROUND: Plaintiff Linda Jean Pawlik alleges that after several ...

Excerpt: ...intiff Akop Torosian retained the services of defendant Arutyun Fitilchyan, a locksmith, to provide locksmith services at plaintiff's residence in Glendale. When defendant failed to show up for a scheduled meeting, and plaintiff called defendant to find out his estimated time of arrival, defendant became upset, using profanity and abusive language. Plaintiff contacted defendant Ashot Mkhitaryan, defendant Fitilchyan's apprentice, whom plaintiff k...

Excerpt: ...matter is improperly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc. Poonsook Brainagkul Request to Procedural Requirements of Motion ...

Excerpt: ...ATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Euredjian Decl., para. 4, Ex. 3 FACTUAL BACKGROUND: Plaintiff Sheldon Rabinowitz alleges that in December of 2018, plaintiff underwent a procedure to excise a melanoma on his scalp at defendant Huntington Ambulatory Surgery Center. Plaintiff alleges that the excision was performed by defendant Isaac Benjamin Paz, M.D., and that while preparing the area for the excis...

Excerpt: ...ject matter jurisdiction FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Sam Rotter brings this action against defendant Cheryl Strange, in her official capacity as Secretary of the Department of Social and Health Services for Washington State, alleging that a divorce took place in Washington on August 5, 1998, with court proceedings being conducted with the wife being represented by counsel while husband's counsel left precipitously, forcing an unp...

Excerpt: ...ons Admitted CHRONOLOGY Date Discovery served: August 6, 2020 Extension to Respond to: October 1, 2020 Date Responses served: NO RESPONSES SERVED Date Motion served: November 5, 2020 Timely ANALYSIS: Document Demands Under CCP § 2031.300, “if a party to whom a demand for inspection, copying, testing or sampling is directed fails to serve a timely response to it,” that party “waives any objection to the demand, including one based on privil...

Excerpt: ...nik Nazaryan (No Opposition) Relief Requested: Order entering summary judgment, or in the alternative, summary adjudication against defendant Onnic Nazaryan Causes of Action from Complaint 1) Breach of Contract 2) Common Count 3) Claim & Delivery * 4) Conversion * *Causes of Action dismissed without prejudice pursuant to Request for Dismissal on 12/22/21 SUMMARY OF COMPLAINT: Plaintiff Financial Services Vehicle Trust, by and through its servicer...

Excerpt: ...manufactured or distributed by defendants General Motors and Allen Gwynn Chevrolet, and that within days of plaintiff acquiring the vehicle, and during the warranty period, the vehicle contained or developed defects, including defects related to the vehicle's stop and start system, defects which would not allow the engine to engage or the vehicle to operate, and defects causing the rear doors open while the vehicle was in motion. The complaint al...