Excerpt: ...ian's duties as a constructive trustee. On April 29, 2005, Rafalian and Ray Haeim commenced a civil suit (SC085372) against Shahram Elyaszadeh (“Ely”). The suit concerned the property at 500 Carson Town Center, Carson, California 90745‐1446. Ely filed a cross‐complaint in the action. On November 6, 2006, judgment was entered in favor of Ely and a constructive trust was imposed on Rafalian to safeguard Ely's 50% ownership in the property (...

Excerpt: ...n Plaza, including the restaurant. Defendant Kimco Realty Corporation managed the property. Willowbrook leased the restaurant and its underlying property to defendant Denny's, Inc.; Denny's subleased the property to defendants Hubert Kim, Yong Tai Kim, and IMHO, Inc., who operated the restaurant. Defendant Silver Oak Landscaping, Inc., contracted with Willowbrook to provide landscaping services. The incident occurred in September 2015. Before the...

Excerpt: ...o Gerald, ASA recorded an abstract of judgment on June 13, 2014. Gerald alleges this prevented her from being able to find another rental. She discovered the abstract when a potential landlord revealed its existence to her in 2017. The Complaint alleges the following causes of action: (1) Intentional infliction of emotional distress; (2) Negligence; and (3) Business & Professions Code § 17200 ASA now moves to strike the Complaint as a strategic ...

Excerpt: ...Kraco under a 2015 agreement called the Second Amended and Restated Revolving Credit, Term Loan and Security Agreement (“Loan Agreement”). GlobalTranz alleges that while Kraco's assets were being liquidated to satisfy PNC's loan, Kraco continued to utilize GlobalTranz's services. As a result, PNC gained the benefit of $800,000 in services while GlobalTranz was left with nothing. The Complaint alleges a single cause of action for breach of imp...

Excerpt: ...�AKM”), allegedly failed to pay its premiums under its contract with SCIF. CAB alleges an overdue principal sum of $26,204.46. The Complaint alleges the following causes of action: (1) Breach of contract; (2) Open book account; (3) Account stated; and (4) Reasonable value CAB now moves for summary judgment or adjudication. AKM opposes. For the reasons set forth below, the Court grants the motion. II. Standard A “motion for summary judgment sh...

Excerpt: ...les the demurrer. II. Standard A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded factual allegations; (2) facts that can be reasonably inferred from those expressly pleaded; and (3) judicially noticed matters. (Blank v. Kirwan (1...

Excerpt: ... to compel arbitration. A party to an alleged arbitration agreement may file such a petition with the trial court. If the court finds that an agreement exists, the court shall order arbitration unless: (1) The right to compel has been waived by the petitioner, or (b) grounds exist for rescission of the agreement. A written agreement to submit to an arbitration agreement is valid unless grounds exist for its revocation such as any contract. (C.C.P...

Excerpt: ... the locks on the vacant lot's fence. The operative First Amended Complaint (“FAC”) alleges the following causes of action: (1) Trespass/wrongful encroachments; (2) Breach of conveyance contract or purchase agreement; (3) Fraud; (4) False reporting of APN to government; (5) Nuisance; (6) Falsification of public documents; (7) Quiet title; (8) Conversion; and (9) Negligence Defendants now demur to the FAC. Magdirila opposes. For the reasons se...

Excerpt: ...mputer-generated via an iPad. The Complaint is for breach of contract. The Amended Cross-Complaint against Personal Energy contains three causes of action for: (1) indemnity; (2) apportionment of fault; and (3) declaratory relief. Personal Energy now demurs to the declaratory relief cause of action. The demurrer is unopposed. For the reasons set forth below, the Court overrules the demurrer. II. Standard A demurrer tests the sufficiency of a comp...

Excerpt: ...s. U.S. Bank purchased the property at a trustee's sale. Cedric Turner now demurs to the Complaint. U.S. Bank opposes. For the reasons set forth below, the Court overrules the demurrer. II. Standard A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) t...

Excerpt: ...he Complaint contains a single cause of action for breach of the joint venture agreement (quiet title). Lilian Barron now moves to expunge the lis pendens. The motion is opposed. For the reasons set forth below, the Court grants the motion. II. Standard A notice of pendency of action may be filed when a real property claim is alleged in an action. (C.C.P., § 405.1, 405.2.) A real property claim means the causes of action, if proven, would affect...

Excerpt: ...dant James Thompson, Hammond's real estate agent and broker, who stated that he had found a different buyer and Hammond would not perform under the purchase agreement. JSL called Hammond who confirmed that he would not perform. The agreement was to close on November 16, 2018. Todd Stenick operated as JSL's representative in the matter. JSL filed suit and recorded a Lis Pendens. The Complaint alleges the following causes of action: 1. Breach of co...

Excerpt: ...rehousing West, Inc., to store Reunited's goods and to fulfill Reunited's purchase orders. Reunited started receiving complaints from its retailers that orders were missing merchandise; despite Capital's assurances and proffered paperwork showing that the merchandise was delivered to common carriers. Upon inspection of Capital's warehouses, Reunited found much of the missing merchandise and has subsequently found its items being sold by a third p...

Excerpt: ...managed the property. The Complaint alleges the following causes of action: 1. Failure to provide habitable dwelling; 2. Breach of the covenant and right to quiet enjoyment and possession of the property; 3. Nuisance; and 4. negligence Plaintiffs now move, separately, to compel initial responses to their propounded form and special interrogatories, requests for production, and requests for admission. The motions are unopposed. Plaintiffs also mov...

Excerpt: ...io of the Politis unit and their leaking water heater caused water damage. Sedrak alleges defendant The Homestead Homeowners Association (“HHA”) also is liable for the sliding door trap, water heater and termite damage to Sedrak's patio fence. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Negligence—failure to maintain water heater leak 2. Negligence—failure to maintain defective area around defendant ...

Excerpt: ...pposed. For the reasons set forth below, the Court denies the motion. II. Standard The Court may relieve a party or their legal representative from a proceeding taken against them resulting from their mistake, inadvertence, surprise, or excusable neglect. (C.C.P., § 473(b).) Mistake of fact is when a person understands facts to be other than they are. (Hodge Sheet Metal Products v. Palm Springs Riviera Hotel (1961) 189 Cal.App.2d 653.) Surprise ...

Excerpt: ...be performed on the property.  July 19, 2017: deed of trust in exchange for $30,000 Defendants allegedly failed to make any payments. Hurtado seeks to quiet title and judicially foreclose on the property. Default was entered against both defendants. They now move to set aside the entry of default. The motions are opposed. For the reasons set forth below, the Court grants the motions. I. Standard The Court may relieve a party or their legal rep...

Excerpt: ...(plaintiff's mother) and plaintiff as joint tenants to Charlzette White, plaintiff, Ethel White‐Johnson, and Jim Johnson (plaintiff's brother and Ethel's ex‐husband) as joint tenants. The second quitclaim deed is dated June 23, 2003, and purports to convey Charlzette and plaintiff's interests to Jim Johnson and Ethel White‐Johnson. Charlzette passed in 2006. Plaintiff claims her signature was forged on the second deed. The operative Second ...

Excerpt: ... alleges improper administration of epidural anesthesia and improper airway protection, leading to Robles' severe brain injury. Robles moves for leave to file the Second Amended Complaint (“SAC”). St. Francis opposed the motion on the grounds of the SAC contained a request for punitive damages. The parties have filed a stipulation in which Robles agreed to remove the punitive damages allegations from the SAC without prejudice. For the reasons...

Excerpt: ...closed on the property at 19223 S Grandee Avenue, Carson, CA 90746. Plaintiffs allege that recorded documents in the chain of title are forged or otherwise fraudulent. World Savings Bank was the initial lender. Word Savings was later acquired by Wells Fargo. Clear Recon was the trustee and Breckenridge purchased the property at the trustee's sale. According to the Complaint, Andrea Whitney was Wells Fargo's representative. Neither Clear Recon nor...

Excerpt: ... to his son, resulting in the minor's refusing to associate with him. Default was entered against defendants on July 16, 2018. Defendants now move to set aside the default. Plaintiff filed an untimely response, but the Court read and considered it. For the reasons set forth below, the Court grants the motion. II. Standard Code of Civil Procedure § 473.5(a) allows a defendant to set aside a default when service of a summons has not resulted in ac...

Excerpt: ...cident occurred on December 28, 2015, during winter break. Plaintiff Dante Kendrick was playing basketball with cross-defendant Eduardo Corzine inside the school gymnasium. The parties started “trash talking,” and it escalated. Corzine tackled Kendrick and almost knocked him down. Kendrick left the gym, allegedly to let Corzine calm down. The basketball coach, Coach Crow, and a security officer, Irma Friend, were in their offices near the gym...

Excerpt: ...cher employed by defendant Los Angeles Unified School District (“LAUSD”). The First Amended Complaint (“FAC”) alleges the following causes of action: (1) Violation of Government Code §§ 815.2 and 815.6; (2) Violation of California Civil Code §§ 51.7 and 52; (3) Assault and battery; (4) Negligence; (5) Intentional infliction of emotional distress; (6) Negligent infliction of emotional distress; and (7) Negligent retention, hiring, trai...

Excerpt: ... defendant Sol Del Cielo, LLC, is the owner of the property. Defendant Abraham Sandoval is allegedly the sole member of Sol. The First Amended Complaint (“FAC”) alleges: (1) Trespass to land; (2) Private nuisance; (3) Trespass to timber; and (4) Conversion Defendants Sol Del Cielo and Sandoval, Jr., now move for summary judgment or adjudication. The Lovelands oppose. As set forth below, the Court grants summary adjudication, in part, as to th...

Excerpt: ...e into the property and changed the locks. As a result of Jennings' conduct, plaintiff was left without a home for three days. CitiMortgage succeeded on a motion for judgment on the pleadings. The First Amended Complaint (“FAC”) survives against defendant Jennings as a single cause of action for trespass. The timeline is as follows:  September 19, 2016, White's three units were sold to CitiMortgage.  September 21, 2016, Jennings placed ...