Excerpt: ... Effect of Amendment Adds cause of action for negligence Specifies construction defects, issues to be addressed by expert witnesses RELEVANT FACTS: Plaintiff A Cut Above Building & Development Inc. (“A Cut Above”) alleges 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 alleg...

Excerpt: ...ird causes of action of Third Amended Complaint Strike improper allegations, punitive damages HHS Construction, Inc. Strike punitive damages CAUSES OF ACTION: from Third Amended Complaint 1) Dangerous Condition of Public Property 2) General Negligence and Gross Negligence 3) Premises Liability 4) Motor Vehicle SUMMARY OF FACTS: Plaintiff Mark Ellensohn alleges that on June 9, 2015, plaintiff was traveling on Interstate 5 southbound approximately ...

Excerpt: ...t 1) Breach of Contract 2) Fraud 3) Declaratory Relief 4) Quiet Title SUMMARY OF FACTS: Plaintiffs Armine Harutyunyan and Vadim Harutyunov allege that defendant Alen Bejanyan is the purported owner of property and a residence located on Dublin Drive in Glendale, which plaintiffs have rented from defendant since February of 2019. Plaintiffs allege that on August 1, 2021, plaintiffs and defendant entered into an agreement for plaintiffs' purchase o...

Excerpt: ... Garcetti Responding Party: Plaintiffs B&S Fitness Systems, Inc. dba World Gym Tujunga and Brian Hewitt RELIEF REQUESTED: County Defendants Ferrer and Villanueva Sustain demurrer to first through third causes of action of Second Amended Complaint State Defendants Sustain Demurrer to Second Amended Complaint Mayor Garcetti Sustain Demurrer to first through third causes of action of Second Amended Complaint CAUSES OF ACTION: from Second Amended Com...

Excerpt: ...der CCP §1005(b)? ok Defendant's initial appearance, on or before last day to plead? ok, stipulation FACTUAL BACKGROUND: Plaintiffs Andrew Bergman, Andrew Bondarczuk, Edward Bondarczuk, Matthew Bondarczuk, Steve Bondarczuk, Cain Hernandez, Joshua Miller, Aaron Mullenix, Christopher Nuesa, Jane Park, William Marc Salsberry, Trever Schmidt, Aaron Stogner, Brian Walters, and Carlos Zoller allege that they are members and investors in Shepherds, LLC...

Excerpt: ...as and Scott Haas Plaintiffs' Motion Defendants Theresa Murphy and Michael Murphy Relief Requested: Defendants' Motion Summary Judgment in favor of defendants Murphy and against plaintiffs Haas on their second amended complaint. In the alternative, summary adjudication in favor of defendants and against plaintiffs as to each and all causes of action in the second amended complaint Plaintiffs' Motion Summary adjudication in favor of Plaintiffs on ...

Excerpt: ...ination that settlement described below was made in good faith SUMMARY OF FACTS: This action is brought by the spouse and son and daughter of decedent Armen Yeghiayan, plaintiffs Rita Mahdessian, Armen Yeghiayan, and Tamar Yeghiayan, alleging that in April of 2017, decedent, who was then 81 years old, was admitted to defendant Glendale Memorial Hospital to have elective surgery performed by defendant Dr. Perez. During the procedure, Dr. Perez fou...

Excerpt: ... Glendale I Mall Associates, LP in the sum of $9,570.06. SUMMARY OF FACTS: Plaintiff Golden Canyon, Inc. dba Street Corner News alleges that it entered into a written Lease agreement with defendant Glendale I Mall Associates, LP, and that defendant breached the agreement by failing to provide the leased premises in good order and satisfactory condition in violation of Article 10 of the Lease, and by failing to provide repairs to internal pipes of...

Excerpt: ...udgment in favor of defendants Bank of America, N.A and Recon Trust Company, N.A. against plaintiff Causes of Action from Third Amended Complaint 1) Violation of Civil Code section 2924.17 2) Violation of Business and Professions Code section 17200* *Demurrer sustained without leave to amend on July 8, 2015, pursuant to June 22, 2015 remittitur and decision of the court of appeal. SUMMARY OF COMPLAINT: This is a wrongful foreclosure action origin...

Excerpt: ...ntiff's possession so that plaintiff can adopt Neptune to a family of plaintiff's choosing without any interference by defendant. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Bella and Sunshine Rescue, Inc. (“Bella”) alleges that it is a non-profit rescue focusing on assisting homeless and sheltered Doberman Pinchers, with a priority to save Doberman and Doberman mixes that are in shelters and are in danger of euthanasia due to not being clai...

Excerpt: ... favor of plaintiff and against defendant Causes of Action from (Form) Complaint 1) Common Counts Open Book Account Account Stated Goods, Wares and Merchandise Sold and Delivered Other SUMMARY OF COMPLAINT: Plaintiff American Express National Bank alleges that defendant Marcia Thompson aka Marcia Kim Thompson became indebted to plaintiff on an open book account for money due and because an account was stated in writing between the parties in whic...

Excerpt: ...ved (by email): January 28, 2022 Date Responses served: March 2, 2022 Date Motion served: April 19, 2022 Meet and confer: Yes FACTUAL BACKGROUND: Plaintiff CAC Motors dba ZR Investment (“Plaintiff”) brings this action against defendants X3 AST Consulting, Inc. (“X3 AST Consulting”), Sleiman A. Timani, and Marques Johnson, alleging that plaintiff is engaged in the automobile export business, and entered into a business relationship with de...

Excerpt: ...ested: Enforce Settlement Order enforcing settlement agreement between plaintiffs and defendants Judgment on the Pleadings Entry of Judgment in favor of Plaintiff and against Defendants on the second through sixteenth, nineteenth and twentieth affirmative defenses in Answer AFFIRMATIVE DEFENSES: From Answer to First Amended Complaint 1) Failure to allege facts sufficient to constitute a claim 2) Intervening tort-feasor 3) Failure to mitigate dama...

Excerpt: ...fied) SUMMARY OF FACTS: Plaintiff, Dorelle Dean (“Plaintiff”), filed a complaint on October 25, 2018, commencing the instant action. Plaintiff filed a first amended complaint (“FAC”) on November 4, 2019, after this Court sustained a demurrer to her original pleading. The FAC asserts causes of action for negligence and statutory liability, though Plaintiff does not specify in her pleading under which statute she asserts her second cause of...

Excerpt: ... Duty (Constructive Fraud) 2) Fraud 3) Breach of Contract 4) Breach of Contract 5) Money Lent and Money Had and Received SUMMARY OF FACTS: Plaintiffs Daryoush Kavian and Said Fallaahi allege that prior to the events described in the FAC, plaintiffs were business acquaintances, and that when Kavian decided to sell a home that he owned and wanted to invest the proceeds of that sale in a business, he and Fallahi decided to enter into a partnership t...

Excerpt: ...ntiff and her 16-year-old son have been residing at a condominium unit and that Armen Arutyunyan, their possible landlord, is also a defendant in a separate personal injury suit brought by plaintiff. The FAC alleges that on February 14, 2021, at around 10 pm, when plaintiff was taking out her trash and walking her dog, two men came up and threatened plaintiff with a gun, pressuring plaintiff to drop her lawsuit against defendant and the other def...

Excerpt: ...OGY Date Discovery served: November 30, 2021 Extensions of time to respond until: January 24, 2022 (Exhibit B) Date Responses served: NO RESPONSES SERVED Date Motion served: February 15, 2022 Timely OPPOSITION: No opposition ANALYSIS: This is an underinsured motorist claim which has been assigned a case number for purposes of enforcing discovery. Under Insurance Code § 11580.2(f)(2), an insured or insurer in connection with such a claim may appl...

Excerpt: ...Extensions to Further Respond to: May 13, 2022 Date Motion served: May 16, 2022 FACTUAL BACKGROUND: On September 5, 2017, Plaintiff Dennis P. Block, individually and dba as Dennis Block and Associates, filed a complaint against Defendant John Doe, et al. The action is for libel and alleges: (1) Invasion of Privacy (2) Libel (3) Libel Per Se (4) IIED (5) NIED (6) Intentional interference with Prospective Economic Advantage, and (7) Unfair Business...

Excerpt: ...ording directly to plaintiff's expert upon request of such expert. 2. Order confirming that all provisions contained in the previous court order regarding the IME Notice shall be enforced, with the minor changes reflected in the Amended IME Notice. FACTUAL BACKGROUND: Plaintiff Mark Ellensohn 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, wher...

Excerpt: ...intiff Michael Kremerman alleges that plaintiff entered into a written lease for property located in Studio City with defendant Andrea White, pursuant to which defendant agreed to pay plaintiff the sum of $16,000 per month, payable on the first of the month, which lease was extended by an extension which extended the term to March 31, 2019. The premises were sold by plaintiff on March 5, 2019. Plaintiff alleges that defendant occupied the premise...

Excerpt: ...inancial Services are the assignees of a written Motor Vehicle Lease Agreement with defendant Grigori Sedrakyan and Scoobeez LLC for the lease of a motor vehicle. [Ex. A]. Under the Agreement, upon a default, plaintiffs have the right to take possession of the vehicle. [Ex. A ¶ 23]. Scoobeez LLC filed for Chapter 11 bankruptcy protection, and during the pendency of the bankruptcy, it was agreed that Scoobeez would reject the Agreement and relinq...

Excerpt: ... Yadegarian bring this action individually and as the surviving heirs of their father, decedent John Yadegarian, alleging that decedent suffered from Parkinson's disease and dementia and that after a hospitalization when decedent's condition had stabilized, decedent was admitted to defendant Glendale Post-Acute Center, a facility owned, operated, or managed by defendant LAC Verdugo Operations, LLC. The First Amended Complaint alleges that during ...

Excerpt: ...ospice, Inc. (“Saint Nectarios”), a hospice company located in Glendale, and was also a patient of defendant Evans Elderly Residential Care, LLC (“Evans Residential Care”), an assisted living facility located in Victorville. The complaint alleges that during his admissions to those facilities, defendants engaged in negligence, elder abuse and neglect by permitting Thompson to develop several severe pressure ulcers, and permitting them to ...

Excerpt: ...ed Demurrer Sustain demurrer to First Amended Complaint CHRONOLOGY Date Discovery served: February 17, 2022 Date Responses served: NO RESPONSES SERVED Date Motion served: April 11, 2022 Timely CAUSES OF ACTION: from First Amended Complaint 1) Violation of Labor Code section 226.8 2) Failure to Pay Overtime 3) Failure to Provide Meal Break 4) Failure to Provide Rest Break 5) Failure to Timely Pay All Wages Due 6) Failure to Pay Wages Due at Termin...

Excerpt: ...covery served: February 7, 2022 Extension to Respond to: March 28, 2022 (Ex. C) Date Responses served: NO RESPONSES SERVED Date Motion served: April 22, 2022 Timely OPPOSITION: No opposition ANALYSIS: Under CCP § 2033.280, a party who fails to serve a timely response to requests for admissions “waives any objection to the requests.” In addition, the requesting party may move for an order that “the truth of any matters specified in the requ...