Excerpt: ...g defendant Barrett Daffin Frappier Treder & Weiss, LLP, its agents, assigns, all those acting in concert, from selling or facilitating the sale of the subject property for the remainder of this litigation SUMMARY OF FACTS: Plaintiff Anthony Siracusa alleges that he owns real property in San Gabriel, that the owner of the loan is Freddie Mae, the servicer of the loan is Wells Fargo, and the subject property is set for foreclosure sale/auction on ...

Excerpt: ...ontract 2) Breach of Implied Contract 3) Intentional Interference with Contract 4) Intentional Interference with Prospective Economic Advantage 5) Negligent Interference with Prospective Economic Advantage 6) Violation of Business & Professions Code section 17200 7) Unjust Enrichment SUMMARY OF COMPLAINT: Plaintiff John Dipietro alleges that commencing in 1989, plaintiff had an on-going business relationship with defendant Community Bank whereby ...

Excerpt: ...dants' answer and for payment of all expenses incurred for failure to arbitrate. FACTUAL BACKGROUND: Plaintiffs Teddy Cannon and Christopher Pownall allege that they were hired as a video editor and producer in connection with television series' being produced by defendant Bellum Entertainment, LLC. Defendant Mary Carole McConnell is alleged to be the chief executive officer of Bellum, and defendant Karen Garber is alleged to have been the chief ...

Excerpt: ...s TRR Restaurant Equipment, Inc., Hector Perez and Robert Mejia Responding Party: Plaintiff AAA Restaurant Equipment, Inc. Meet and Confer? Ok RULING: Demurrer to Plaintiff AAA Restaurant Equipment, Inc.'s First Amended Complaint is OVERRULED. Motion to Strike Plaintiff AAA Restaurant Equipment, Inc.'s First Amended Complaint is DENIED. Ten days to answer. RELIEF REQUESTED: Sustain demurrer to fourth and sixth causes of action of First Amended Co...

Excerpt: ...onding Party: Defendant Darryl Steele (No Opposition) RELIEF REQUESTED: Determination that the settlement described below has been entered into in good faith PROPOSED ORDER LODGED? Yes FACTS Plaintiff Sylvia Castaneda alleges that she is a disabled single mother with a minor child, and initially rented a residential house in North Hollywood from defendant Darryl Steele, which property was purchased from Steele by defendants Gemilyan Marketing, LL...

Excerpt: ...ntry of Judgment is GRANTED in part and DENIED in part. Demurrer to the Amendment to Complaint is SUSTAINED with one final opportunity for plaintiff to file a First Amended Complaint as a stand-alone pleading, which names the appropriate parties and fully complies with this court's August 17, 2018 order. Five days leave to amend. Motion to Strike and Motion for Entry of Judgment are DENIED. RELIEF REQUESTED: Entry of judgment dismissing action in...

Excerpt: ...ak A. Kouladjian, Vartan A. Kouladjian, Harmon E. Schwartz and Sebouh A. Kouladjian Responding Party: Plaintiff Orange Grove Collision Center, Inc. Name of Deponent: PMQ Sean Oliver PMQ James Marquart Status of Deponent: Plaintiff PMQ (party) DEPO ATTENDANCE REQUIRED BY: Formal Notice, Continuance (Exs. 1, 2) MOTION WITHIN 60 DAYS: Ok RELIEF REQUESTED BY MOVING PARTY: Order compelling deponent to answer a deposition question within first subject ...

Excerpt: ...ng Party: Plaintiffs Christina Cauble and Christopher Cauble RELIEF REQUESTED: Order compelling nonparty Joyce Lauterback, MFT to comply with deposition subpoena for production of business records FACTUAL BACKGROUND: Plaintiffs Christina Cauble and Christopher Cauble allege that they are the mother and father of decedent Johnathan Cauble. Plaintiffs allege that in 2016 decedent Johnathan consulted and engaged for compensation the services of defe...

Excerpt: ...Home Healthcare Agency, Inc. RELIEF REQUESTED: Further Responses to Demand for Documents and Things, Set No. Six FACTUAL BACKGROUD: Plaintiff Royal Home Healthcare Agency, Inc. alleges that its former employee, defendant Remil Charmaine Gonzales, used her access to plaintiff's information to illegally steal plaintiff's client and employee lists for the benefit of defendant Noho Home Health Care, Inc., and its owner, defendant Bella Aslanova. It i...

Excerpt: ...g Party: Plaintiff Fundation Group LLC Responding Party: Defendant Mike Ayva (No Opposition) RELIEF REQUESTED: Order deeming Requests for Admissions admitted CHRONOLOGY Date Discovery served: November 29, 2019 Date Responses served: NO RESPONSES SERVED <002d004400510058004400 00130014001c00030003[ Timely OPPOSITION: No opposition ANALYSIS: Under CCP § 2033.280, a party who fails to serve a timely response to requests for admissions “waives any...

Excerpt: ...istina Khamsy Responding Party: Cross-Complainant Remil Charmaine Gonzales RULING: Cross-Defendants Royal Home Healthcare Agency, Inc., Christopher Chen, and Christina Khamsy's Motion for Judgment on the Pleadings on Remil Charmaine Gonzales' Cross- Complaint: Motion is DENIED as to the first cause of action for slander per se, second cause of action for defamation and third cause of action for negligence. Motion as to the fourth cause of action ...

Excerpt: ...ndant Government EmployFrank Gomez, Jr. Responding Party: Plaintiff Marine Ginosyan RELIEF REQUESTED: Sustain demurrer to Second Amended Complaint Strike Punitive Damages CAUSES OF ACTION: from Second Amended Complaint 1) Breach of Contract 2) Breach of Implied Covenant of Good Faith and Fair Dealing SUMMARY OF FACTS: Plaintiffs Marine Ginosyan alleges she procured from defendant Government Employees Insurance Company (“GEICO”) an automobile ...

Excerpt: ...ate Farm General Insurance Company Responding Party: Plaintiffs Charles T. Elly and Carmen Elly Wilkerson RULING: The parties should note that this court finds it distracting and inconvenient to have to search the footnotes to find supporting authority for assertions made in the body of the points and authorities. The court requests that the parties discontinue the practice of putting the authority in footnotes and put it in the body of the docum...

Excerpt: ...00 03[ Sotheby's International Realty Responding Party: Plaintiff John C. Lukes RULING: The court notes that the demurrer and motion to strike are untimely, filed fifteen days late. The court in its discretion has considered the moving papers only because they were timely served, and no prejudice appears to plaintiff. However, defendants are cautioned that in the future the court may refuse to consider pleadings not filed in conformity with the s...

Excerpt: ...r Se 4) IIED 5) NIED* 6) Intentional Interference with Prospective Economic Advantage* 7) Unfair Business Practices *Request for Dismissal filed August 13, 2018 SUMMARY OF FACTS: 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-emine...

Excerpt: ...Defendant and Cross-Complainant Westco Petroleum Distributors, Inc. Responding Party: Plaintiff and Cross-Defendant MCW Fuels, LLC (No Opposition) RULING: [No Opposition] UNOPPOSED Motion to Strike the Complaint and Answer to Second Amended Cross- Complaint of MCW Fuels, LLC is GRANTED. MCW Fuels, LLC is permitted thirty (30) days leave to amend to refile the subject pleadings once the corporation has effected revivor. Request for imposition of f...

Excerpt: ...greement on the issues of whether petitioner is entitled to coverage under the policy in light of his alleged failure of cooperation and failure to submit to an Examination Under Oath as required under the policy, and the potential unavailability of coverage due to knowing misrepresentation of concealment of material facts. The court finds that the parties have not agreed to submit these particular controversy to arbitration. MOTION TO COMPEL ABI...

Excerpt: ...rty: Defendant Guankun Li Responding Party: Plaintiff Dongzhou Xue RULING: Defendant Guankin Li's Motion to Stay or Dismiss Based on Forum Non Conveniens is DENIED as untimely and on the grounds of waiver. RELIEF REQUESTED: Stay or dismiss action pursuant to CCP § 410.30 SUMMARY OF FACTS: Plaintiff Dongzhou Xue alleges that plaintiff loaned money to defendants Guankin Li and Halal Food Co., Ltd. in a series of transactions intended to be commerc...

Excerpt: ...laintiff Judy Tatum RULING: Defendant Craig Asanuma as Trustee of the Craig A. Asanuma and Sharon A. Asanuma Joint Living Trust's Demurrer to Plaintiff's First Amended Complaint is OVERRULED Defendant Craig Asanuma as Trustee of the Craig A. Asanuma and Sharon A. Asanuma Joint Living Trust's Motion to Strike Portions of Plaintiff's First Amended Complaint is DENIED. Ten days to answer. RELIEF REQUESTED: Sustain demurrer to First Amended Complaint...

Excerpt: ...E: Default entered June 27, 2018 RULING: Defendant Nicholas Feldshire's Motion to Set Aside and Vacate Plaintiffs' Default is granted pursuant to CCP section 473(b), based on defendant's attorney's affidavit of fault, as set forth in the McGrady Declaration. The default entered June 27, 2018 is vacated. Defendant is permitted to file with the court a separate original signed Answer to the complaint, to be filed with the court and served by close ...

Excerpt: ...ant Glendale Adventist Medical Center (MSA) Responding Party: Plaintiff Debra Lynn Hicks (No Opposition) Relief Requested: Summary judgment in favor of defendant Estelita Calica, M.D. Summary adjudication in favor of defendant Glendale Adventist Medical Center on the first and fifth causes of action and request for punitive damages Order requiring plaintiff to post security in the amount of $17,737.82 CAUSES OF ACTION: from Second Amended Complai...

Excerpt: ...rs defendant Heavenleaf Inc. to fully comply with the court's November 16, 2018 order within ten days. Motion for Terminating Sanctions as to Defendant Narek Papukyan is DENIED. Defendant Narek Papukyan is ordered to serve further responses to Requests for Production Nos. 1, 7 and 8 which fully comply with the court's order of November 16, 2018. Defendant is ordered to exercise all due diligence in obtaining the subject documents, and to indicate...

Excerpt: ...D. The costs of subpoenaing and copying medical records do not appear to be authorized under any statute, do not constitute copies of trial exhibits, and these costs are therefore not allowable. This entire item in the amount of $4,051.18 is stricken and reduced to -0-. <001400110014001b000c00 030003[ $1,617.85. The court has reviewed the late opposition filed 5 court days late. The court's review of defendant City of Burbank's late opposition ha...

Excerpt: ... show that there has been any waiver of the right to compel arbitration, and no showing that the agreement has been revoked or that grounds exist for revocation of the agreement. The parties are ordered to arbitrate their disputes in accordance with their agreements. Request for costs is GRANTED IN PART. The court finds awardable costs in connection with this petition include a fee paid to this court to file the petition of $435 and a motion fili...

Excerpt: ...unds to reopen discovery under <004f004c004a0048005100 004b0048000300550048[asons the discovery was not completed, or why the motion was not heard earlier. The defendant has meet its burden of showing good cause to conduct a second physical examination. The defendant has submitted evidence such as subsequently obtained medical records, showing that there has been a change in the condition of plaintiff warranting a second examination. Also, the de...