Excerpt: ... Responses to Request for Production of Documents (Set One) CHRONOLOGY Date Discovery served: January 21, 2022 Date Responses served: NO RESPONSES SERVED Date Motions served: April 14, 2022 Timely OPPOSITION: No opposition. ANALYSIS: Under CCP § 2030.290, “If a party to whom interrogatories are directed fails to serve a timely response,” that party “waives any legal right to exercise the option to produce writings...as well as any objectio...

Excerpt: ...SES OF ACTION: from Complaint 1) Breach of Implied Covenant of Good Faith and Fair Dealing 2) Breach of Contract 3) Unfair Business Practices SUMMARY OF FACTS: Plaintiff Aram Termartirosyan alleges that defendant State Farm Mutual Automobile Insurance Company (“State Farm”) issued plaintiff an automobile insurance policy for plaintiff's vehicle, which was in full force and effect on September 9, 2020, when, while plaintiff was driving the veh...

Excerpt: ...(Discovery) RELIEF REQUESTED: Strike Strike punitive damages Discovery Order permitting discovery of defendant's financial condition CAUSES OF ACTION: from Second Amended Complaint 1) Premises Liability SUMMARY OF FACTS: Plaintiffs Adelina M. and Salvador Alvizures allege that they are spouses, and that while plaintiffs were paying tenants at premises in Sun Valley which were owned and managed by defendant Minas Development, LLC, plaintiff Adelin...

Excerpt: ...tion (“Excelsior HOA”) alleges that it is a California mutual benefit non-profit corporation which is owned by and composed of its members and owners within the community known as The Excelsior at Americana (“Excelsior”). Plaintiff alleges that there are 100 owner members, and that defendant Paul Van Richter is the trustee of the Paul J. Abramson Trust, the owner of real property Unit 676 at Excelsior, and a member of Excelsior HOA. Plain...

Excerpt: ...rsahakian alleges that at the height of the pandemic, plaintiff and her family suffered water damage to their home which forced them to move in with plaintiff's mother-in-law at the residential complex operated by defendant Casa De Valley View Owner's Association (the “Association”). Plaintiff alleges that she is a legally blind individual and was also pregnant at the time. Plaintiff alleges that one evening, plaintiff's service animal, a sma...

Excerpt: ...llegations of gross negligence to the second cause of action for negligence, adds causes of action for fraud/concealment, conspiracy to commit fraud, and IIED. RELEVANT FACTS: 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, where a low hanging live and uncovered electrical wire was stretched across the freeway, hanging ...

Excerpt: ... Complaint 1) Harassment 2) Threats of Illegal Eviction 3) Extortion 4) IIED SUMMARY OF FACTS: Plaintiff Lucinda Sky alleges that plaintiff 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 ...

Excerpt: ...om First Amended Complaint 1) Negligent Supervision and Retention v. JC Penney, Sephora 2) False Imprisonment v. JC Penney, Sephora, Oliveros 3) Defamation/False Light/Slander of Title v. All Defendants 4) Invasion of Privacy/Unreasonable Intrusion v. JC Penney, Sephora 5) Assault and Battery v. JC Penney, Sephora 6) Fraud Worked on an Agent v. JC Penney, Sephora, Galleria 7) IIED v. All Defendants SUMMARY OF FACTS: Plaintiff Athena Rivera allege...

Excerpt: ...allegedly due on a credit account. Plaintiff alleges that it is the successor in interest to original creditor, WebBank, and that plaintiff is a debt buyer, the sole owner of the debt at issue, which purchased the debt after charge-off. Plaintiff alleges that the charge-off creditor at the time of charge-off is Upgrade, Inc., and the name of the debtor as it appeared in the charge-off creditor's records is defendant Naira Vatyan. The complaint al...

Excerpt: ... 3) Breach of Covenant of Quiet Enjoyment 4) Nuisance 5) B & P 17200 6) Negligence 7) Breach of Contract 8) Civil Harassment 9) Failure to Return Security Deposit pursuant to CCP section 1950, et seq. SUMMARY OF FACTS: Plaintiff Sona Sevanyan alleges that in September of 2005, she entered into a written lease for the lease of residential property on Glendale Avenue in Glendale, which property is subject to the Rent Stabilization Ordinance and the...

Excerpt: ...nt 1) Strict Liability—Cal. Civ. Code section 3342 (a) v. Palumbo, Frydenlund 2) Negligence Per Se v. Palumbo, Frydenlund 3) Gross Negligence v. All Defendants except AirBNB 4) Negligence v. All Defendants SUMMARY OF FACTS: Plaintiff Matthew Gutierrez alleges that in February of 2020 plaintiff was viciously attacked by a pit bull at plaintiff's partner's apartment complex, the Watermarque, owned by defendant MLT VLL, LLC dba as the Watermarque ...

Excerpt: ...&S Fitness System, Inc. and Brian Prewitt RELIEF REQUESTED: County Defendants Ferrer and Villanueva Sustain demurrer to first through third causes of action of First Amended Complaint State Defendants Sustain Demurrer to First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1) Violation of The California Constitution, Right to Liberty (Cal. Const. Art. 1 sec.1) v. All Defendants 2) Violation of The California Constitution Equal P...

Excerpt: ...plaintiff and against defendant Causes of Action from (Form) Complaint 1) Common Counts Open Book Account Account Stated SUMMARY OF COMPLAINT: Plaintiff American Express National Bank alleges that it extended credit to defendant Alfred Guzman for purchases or cash advances on an American Express credit card account, which has a current outstanding balance of $57,174.37, which is owed by defendant to plaintiff. ANALYSIS: Procedural There has been ...

Excerpt: ...ntiffs' First Amended Complaint. In the alternative, summary adjudication that plaintiffs' request for punitive damages is without merit Causes of Action from First/Second Amended Complaint 1) Premises Liability SUMMARY OF COMPLAINT: Plaintiffs Adelina M. and Salvador Alvizures allege that they are spouses, and that while plaintiffs were paying tenants at premises in Sun Valley which were owned and managed by defendant Minas Development, LLC, pla...

Excerpt: ...iders Aventura Hospital & Medical Center, Byram Health Care, and Dr. Rodolfo Pigalarga. DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes FACTUAL BACKGROUND: Plaintiff Jason Steger alleges that in October of 2016, plaintiff was admitted to defendant CSJ Providence St. Joseph Medical Center with abdominal pain, and that defendants, various medical providers, negligently performed a colonoscopy procedure on...

Excerpt: ...Orders quashing subpoenas MONETARY SANCTION No monetary sanctions sought DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes FACTUAL BACKGROUND: Plaintiff Theresa Friedrick alleges that in June of 2015, defendants Redrock NoHo Residential, LLC (“Redrock”) and/or Redwood Property Services (“Redwood”) and Redwood Urban, LLC (“Redwood Urban”) leased an apartment unit to plaintiff in their building,...

Excerpt: ...ied from defendant White's bank account in the amount of $58,481. Special Motion to Strike Strike the fourth cause of action of the cross-complaint for IIED without leave to amend. CAUSES OF ACTION: from Cross-Complaint (from body of pleading, not caption) 1) Breach of Contract 2) Conversion 3) Money Had and Received 4) IIED SUMMARY OF FACTS: Plaintiff Michael Kremerman alleges that plaintiff entered into a written lease for property located in S...

Excerpt: ...documents MONETARY SANCTION: No Sanctions Sought FACTUAL BACKGROUND: Plaintiffs John B. Jung and Ellen L. Jung, as trustees of a family trust, allege that plaintiffs and defendant Michael Yusuf, trustee of the Yusuf trust, are co-owners of real property and improvements located on East Orange Grove in Glendale. The complaint alleges that in September of 2015, all interested parties executed a grant deed transferring the subject property to Frank ...

Excerpt: ...third causes of action in the cross-complaint of the City of Burbank and Burbank Department of Water and Power SUMMARY OF FACTS: 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, where a low hanging live and uncovered electrical wire was stretched across the freeway, hanging at such a height that it posed an unreasonable ...

Excerpt: ...ation action brought by defendant Mid-Century Insurance Company alleging that it insured plaintiff owner, Zarouhi Magpapian, the owner/lessee of real and personal property located on Greenbriar Road in Glendale, for damage to property and loss of use of such property and has paid $465,466.56 to or on behalf of plaintiff owner for damages sustained by plaintiff owner or plaintiff's property, which were covered under the policy of insurance. The cl...

Excerpt: ...ed oppositions to the motions, indicating that further verified responses to each of the discovery requests were served on March 21, 2022, since the filing of the motions on February 24, 2022 and March 1, 2022. Defendant's counsel's declaration indicates that, “Verifications as well as a revised version of the amended responses (containing the correct numbering throughout) were served on March 21, 2022.” [McIntosh Decl., para. 7]. The motions...

Excerpt: ...t K S Complete Auto, Inc. negligently repaired and serviced plaintiff's 2008 Porsche Turbo vehicle, resulting in oil penetration to the vehicle engine and other components, causing extensive damage to the vehicle, and rendering the vehicle inoperable. The file shows that at a Case Management Conference on January 10, 2022, plaintiff's counsel represented that on October 18, 2022, a Settlement Agreement was entered into by the parties. ANALYSIS: C...

Excerpt: ...arties' stipulation SUMMARY OF FACTS: Plaintiff Roofline, Inc. dba Roofline Supply and Delivery filed this action for foreclosure of a mechanic's lien against the owner of property plaintiff alleges it supplied materials to. Plaintiff seeks foreclosure on the claim of lien in the sum of $10,112.97. Plaintiff also alleges that defendants Champion Weatherproofing Corp. and Javier Ochoa have breached a written agreement entered into by the parties b...

Excerpt: ...s for Admissions admitted Order requiring plaintiff Hasti Rahsepar to submit to an independent mental examination FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Dennis P. Block, individually and dba as Dennis Block and Associates, as well as his associate attorneys plaintiffs Paul Eric Gold and Hasti Rahsepar , and his office manager, plaintiff Azam Riesen, allege that plaintiff Block is regarded as one of the pre-eminent attorneys handling landlor...

Excerpt: ...3, 2021 Effect of Amendment Adds affirmative defense of statute of limitations, correct typographical errors, respond more accurately to allegations in SAC based on present knowledge RELEVANT FACTS: Plaintiff Prapai Benjauthrit brings this action against her brother, defendant Boonsieng Benjauthrit, alleging that the parties took title to four properties on Marion Drive in Glendale in 1977 as joint tenants, with the subject property to be the pri...