Excerpt: ...KGROUND: Plaintiff Jane Doe alleges that while she was a high school student at John Burrough High School, in the Burbank Unified School District, defendant Burbank Unified School District (“the District”) hired defendant V&S Video Productions to film and record high school activities, including events in the Fine/Performing Arts Department, in which plaintiff was active. Plaintiff alleges that defendant Clarke Alexander Surrey was an employe...

Excerpt: ... Plaintiff(s) Defendant(s) 19GDCV01162 Georgianna Christine Garcia Burch Capital, Inc. 19PDUD02498 Burch Capital, Inc. Georgianna Christine Garcia FACTUAL BACKGROUND Plaintiff Georgianna Garcia alleges that she was the lawful owner of residential real property in Temple City, California, which was plaintiff's primary residence and owner- occupied. In January of 2018, plaintiff entered into a deed of trust with defendant Burch Capital, Inc. as len...

Excerpt: ...on of First Amended Complaint Garabet Hindoyan Sustain demurrer to First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1) Legal Malpractice 2) Negligent Advice to Client 3) Constructive Fraud 4) Dual Representation of Diverse Interest 5) Breach of Fiduciary Duty 6) IIED 7) Breach of Contract—Commercial Lease 8) Intentional Misrepresentation of Material Facts 9) Fraud in the Inducement 10) Negligence 11) Breach of Implied Warr...

Excerpt: ...d- IATSE Local 706 Defendant Make-Up Artists & Hair Stylists Guild- IATSE Local 706 (Sanctions) Responding Party: Plaintiff Alicia M. Tripi (No Opposition) RELIEF REQUESTED: Judgment Judgment to be entered in favor of individual defendants Discovery Sanctions Order imposing additional sanctions, including issue, evidence or monetary sanctions against plaintiff CHRONOLOGY Date Discovery served: March 7, 2017 Date Responses served: NO RESPONSES SER...

Excerpt: ...Development, Inc. to invest $580,000 into defendants' business, for a commercial enterprise designed to pave the way for plaintiff to receive an EB-5 investment immigration visa and obtain permanent resident status. Plaintiff alleges that plaintiff entered into a written agreement with defendants which provided that plaintiff's money would be refunded if during the first step of the EB-5 visa process, the I-526 petition was denied by the United S...

Excerpt: ...eley Law School, and that defendant Monica Artavia Blut is an attorney who represented plaintiff Hu's ex-spouse between August 24, 2018 and November 5, 2018 in a domestic violence restraining order matter, in which Hu's ex- spouse alleged Hu had harassed her since their divorce in August 2017. The First Amended Complaint alleges that on August 24, 2018, the Riverside Family Law Court granted Blut's client a temporary restraining order against Hu,...

Excerpt: ...idavits in support of motion (CCP §484.020) __X__ Proof of Service GROUNDS FOR MOTION Claim is one on which an attachment may be issued [Attachment may only be issued in an action 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 pursuant to garment orders place...

Excerpt: ... FACTS: The complaint alleges that plaintiff David Dimeo is a Colorado veterinarian, and that he and plaintiff Mountain Parks Veterinary Hospital, Inc. treat household pets. Plaintiffs allege that in April of 2018, they were solicited by defendant The Emery Wilson Corporation dba Sterling offering practice management services, which repeatedly called plaintiffs, and used high-pressure tactics to convince plaintiffs to enter a contract for $42,135...

Excerpt: ... favor of plaintiff Ching Fang Hsu Causes of Action from Second Amended Complaint 1. False Promise v. Lin 2. Breach of Contract v. Lin 3. Breach of Implied Covenant of Good Faith v. Lin 4. Conversion v. All Defendants 5. Conspiracy v. All Defendants SUMMARY OF COMPLAINT: Plaintiff Ching Fang Hsu alleges that in August of 2015, Hsu appointed defendant Tsing Chiang Lin (“Lin”) to have power of attorney over Hsu's banking and other financial tra...

Excerpt: ...n. SUMMARY OF FACTS: Plaintiff Luxottica USA LLC filed this action alleging that it entered into a written agreement with defendant AGA & Titan Inc. aka AGA & Titan Co. dba Eclipse Eyewear pursuant to which plaintiff would provide goods to defendant. Plaintiff alleges that it performed its obligations under the contract, and defendant failed to property pay the entire balance due. On March 13, 2018, plaintiff filed a Notice of Settlement of Entir...

Excerpt: ...uments) Plaintiff Joytex International Trade Limited (Undertaking) RELIEF REQUESTED: Documents Compel compliance from defendant KL Global to Request for Production of Documents, Set One, No. 30. Undertaking Order compelling plaintiff Joytex to file an undertaking of $48,800 as security for costs and attorney fees DECLARATION SUPPORTING MOTION: Executed per CCP §§ 2015.5, 2030(l): yes Reasonable and good faith attempt to resolve informally: Ex. ...

Excerpt: ...nded Cross-Complaint CAUSES OF ACTION: from Second Amended Cross- Complaint 1. Violation of California Civil Code § 2924.17 2. Wrongful Foreclosure 3. Slander of Title FACTUAL AND PROCEDURAL BACKGROUND: This is a wrongful foreclosure action originally brought by plaintiff Esteban Montenegro. On February 7, 2014, the court sustained demurrer to the Third Amended Complaint without leave to amend and entered judgment in favor of defendants. Plainti...

Excerpt: ...Opposition) Causes of Action from Complaint 1) Breach of Contract 2) Breach of Personal Guaranty 3) Unjust Enrichment 4) Money Had and Received 5) Account Stated SUMMARY OF COMPLAINT: Plaintiff Fundation Group, LLC alleges that in January of 2018, a written agreement was made between plaintiff and defendant Ayva Group Ink aka Ayva Group, Inc. (“Group”), pursuant to which plaintiff approved a loan in the amount of $70,000 to Group, and Group w...

Excerpt: ... and the court to consider new evidence submitted with the reply papers. The court has considered this evidence, along with plaintiff's further filings, including the sur-Reply. The court finds that the Amended Supplemental Declaration of Defendant Oran Belillti is executed under penalty of perjury under the laws of the State of California. The court further finds that it is appropriate in this instance for the court to consider evidence submitte...

Excerpt: ...MMARY OF FACTS: Plaintiffs Akop Torosian and Robert Torosian allege that in April of 2014, plaintiff 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. Plain...

Excerpt: ... Moving Party: Defendants City of Burbank, Burbank Police Department, Mark Scott, Scott Lachasse Responding Party: Plaintiff Nick Nichols Causes of Action from Complaint 1) Petition for Writ of Mandate Pursuant to CCP § 1094.5 2) Relief for Violation of POBRA, Government Code § 3309.5 3) Violation of Civil Rights 42 USC § 1983 SUMMARY OF COMPLAINT: Plaintiff/Petitioner Nick Nichols alleges that he was terminated in June of 2010 from his positi...

Excerpt: ... Further Responses to Inspection Demand, Set No. 4 and for production of documents MONETARY SANCTION None sought CRC separate statement, etc.: ok DECLARATION SUPPORTING MOTION: Executed per CCP §§ 2015.5, 2030(l); CRC 315(a): ok Reasonable and good faith attempt to resolve informally: ok FACTUAL BACKGROUD: Plaintiff Larry Quishenberry brings this action individually and as successor in interest to Eugene Quishenberry, alleging that decedent ass...

Excerpt: ...ant Peter John Simic, Jr., M.D. (Discovery) Defendant Kathleen M. Makerewicz, M.D. (Discovery) Defendant Providence Health & Services Foundation/San Fernando (Demurrer) Responding Party: Plaintiff Jason Steger RULING: Defendant Peter John Simic, Jr., M.D.'s Motion Compelling Plaintiff Jason Steger to Provide Further Responses to Defendant's Special Interrogatories Nos. 1 and 2 is GRANTED. Plaintiff Jason Steger is ordered to serve further complet...

Excerpt: ...3002600520055005300 1100030003000300030003> Responding Party: Plaintiff Arriaga USA, Inc. dba Stoneland RULING: Defendant Stone Mart Corp.'s Demurrer to Plaintiff's First Amended Complaint is OVERRULED to the first through ninth causes of action. Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the tenth cause of action for injunctive relief, as the claim is not a stand-alone cause of action, and injunctive relief has been sought in connection ...

Excerpt: ...Facility and Eli Kamornick Responding Party: Plaintiffs Danielle Cleona Castillo Allen, Cleona Castillo, and Amiya Scales, Ashton Allen, Ahmad Allen and Aaliyah Allen, through their GAL RULING: Defendants Congregate Living Health Facility and Eli Kamornick's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the claims of plaintiff Danielle Cleona Castillo Allen, as the FAC alleges injury arising from plaint...

Excerpt: ... cause of action for Violation of Vehicle Code Section 11713.18(a). Demurrer to the fifth cause of action for declaratory relief is SUSTAINED WITH LEAVE TO AMEND. The court is concerned that defendant before filing this demurrer did not meet and confer in good faith on this matter, refusing to agree to plaintiff amending the pleading to address the oversight. Ten days leave to amend to address the concerns in the court's previous August 31, 2018 ...

Excerpt: ...: Mandatory in notice All named parties in each case: Yes Names of parties who have appeared: Yes Names of each party's respective attorneys of record: Yes Caption of each case listed: No Notice copied and filed in all cases to be consolidated: Yes Substantive Allegation Checklist: CCP § 403 provides the motion shall be supported by a declaration stating: Case meets standards specified in CCP § 404.1 Yes The case is not complex. No Moving p...

Excerpt: ...052[ugh his GAL RULING: Motion for Preliminary Trial of Special Defense of Design Immunity is DENIED. FACTUAL AND PROCEDURAL BACKGROUND: This is a wrongful death action brought by Eva Alicia Zatarian and Matthew Mando Sahagun, the surviving mother and minor son of decedent Armando Shagun. Plaintiffs allege that decedent accidentally fell from the Pasadena Avenue Bridge over the Arroyo Seco Parkway (SR-110), after which decedent was struck by a Do...

Excerpt: ...st Wilshire bear the entire cost of arbitration, the order is modified to require plaintiff to pay no more than $200 in fees as determined by FINRA. [Strauss Decl., Ex. A]. As to the request that the court order the 13 th Cause of Action (PAGA) to arbitration, the motion is DENIED. As to the request to stay this entire matter, including the PAGA cause of action pending arbitration, the request is GRANTED. Pursuant to CCP § 1282.2 and 1282.4 this...

Excerpt: ...OPPOSED Petition for Release of Property from Lien is DENIED WITHOUT PREJUDICE. The petition and notice of this hearing was not appropriately served on defendant pursuant to the applicable provisions governing petitions to release a mechanic's lien. See Civil Code §§ 8486 (b). If proper proof of service is presented at the hearing, the court will grant the Petition for Release of Property Lien. The court will need the appropriate order, which p...