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Judge: Stewart, William x
2018.6.1 Motion to Compel Deposition 564
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.6.1
Excerpt: ...ia Mieure, is a dependent adult under the care of Defendants Elywn NC, Elwyn, and Brilliant Corners because she was disabled with cerebral palsy, intellectual disability, and quadriplegia, and was unable to talk, hear, or walk. Plaintiff was able to be transferred from her bed only through a Hoyer Lift. On September 6, 2017, Plaintiff alleges she suffered personal injuries when she was being transferred with the Hoyer Lift. The complaint, filed N...
2018.6.1 Motion for Reconsideration 860
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.6.1
Excerpt: ...MPLAINT: In this action, Plaintiff Antranik Kevorkian alleges that Defendants accused him of vandalism in a Ralph's market parking lot and thereafter filed a misdemeanor criminal complaint against him. Plaintiff alleges this has subjected him to going to court and malicious prosecution. The complaint, filed July 10, 2017, alleges causes of action for: (1) negligence; (2) negligent infliction of emotional distress; (3) violation of 14 th Amendment...
2018.6.1 Motion for Judgment on the Pleadings 363
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.6.1
Excerpt: ...�Decedent”). Plaintiff brings this wrongful death action against various defendants (nursing homes, hospitals, and medical professionals) for their alleged failure to provide proper treatment to Decedent, resulting in his death. The operative Second Amended Complaint (“SAC”) filed June 30, 2017, alleges causes of action for: (1) wrongful death (medical malpractice) against all Defendants; and (2) elder <004c0051004a0003002600 48005100570048...
2018.6.1 Discovery Sanctions 588
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.6.1
Excerpt: ...”) previously moved for an order deeming the truths of the matters specified in Requests for Admissions (“RFA”). Defendants also sought monetary sanctions in the amount of $3,085.00. On 4/20/18, the motions were called for hearing and placed off-calendar because Plaintiffs responded to the discovery requests. Defendants requested that the issue of monetary sanctions be continued to June 1, 2018. DISCUSSION: This case arises from a breach of...
2018.6.1 Demurrer, Motion to Strike, for Sanctions 004
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.6.1
Excerpt: ...TIONS IN COMPLAINT: Plaintiff Joseph J. Facciano, Jr. (“Plaintiff”) brings this action on behalf of his mother Blanca R. Facciano, who is deceased (“Decedent”). Plaintiff alleges that Decedent, an elder adult, was a patient at Defendant Windsor Gardens Healthcare (“Windsor”) from February 22, 2016 to March 2, 2016; and was a patient of Defendant Trinity Care Hospice (“Trinity”) from <0019001100030003003300 00030044004f004f0048[ges...
2018.6.1 Demurrer, Motion to Strike 208
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.6.1
Excerpt: ... this action against Defendant Geoffrey G. Melkonian, Esq. for legal malpractice. Plaintiffs allege that they retained the services of Defendant in order to handle a default judgment that had been entered against them and to seek counsel with regard to filing for bankruptcy. They allege that Defendant wrongfully advised them to file a Chapter 7 rather than Chapter 13 bankruptcy. The FAC, filed January 17, 2018, alleges causes of action for: (1) b...
2018.6.1 Motion to Compel Arbitration 262
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.6.1
Excerpt: ...located at 8946 Emerson Place, Rosemead, CA 91770. Plaintiffs Yuwanda Samanukorn and Kan Xie (“Plaintiffs”) allege they are first time buyers of real estate. They allege that on July 18, 2017, Plaintiffs with the representation of their real estate agents (Defendants Essex Financial, Inc. dba Century 21 Dynasty (“C21”), Hoang M. Chu, and Jade Ngoc Chu), entered into the Residential Purchase Agreement for the property in the amount of $608...
2018.5.25 Motion to Strike 402
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.25
Excerpt: ...West Green Street (Pasadena) Fee Owner, LLC (property owner) alleges it leased the property to Defendant The Juice Elixir, Inc. dba The Juice Lab 360 on December 10, 2013. Plaintiff alleges that Defendant defaulted on the lease by failing to pay rent as of April 2017. The complaint, filed April 13, 2018, alleges a single cause of action for unlawful detainer of the premises pursuant to 3-business day notice to pay rent or quit. The proof of summo...
2018.5.25 Application for Sale of Dwelling 544
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.25
Excerpt: ...t Place, Granada Hills, CA 91344 DISCUSSION: This case arises from Plaintiffs Grigor Demirchyan and Marina Demirchyan's claim that Defendants Sienna Reseda, LLC, David McKinzie, and Sienna Construction, Inc. had mismanaged and converted Plaintiffs' investment into a real estate investment. The dispute was submitted to binding arbitration and on December 22, 2016, the arbitrator issued an award in favor of Defendants. On May 9, 2017, the Court gra...
2018.5.25 Demurrer, Motion to Strike 004
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.25
Excerpt: ...intiff”) brings this action on behalf of his mother Blanca R. Facciano, who is deceased (“Decedent”). Plaintiff alleges that Decedent, an elder adult, was a patient at Defendant Windsor Gardens Healthcare (“Windsor”) from February 22, 2016 to March 2, 2016; and was a patient of Defendant Trinity Care Hospice (“Trinity”) from <0019001100030003003300 00030044004f004f0048[ges that Defendants and their employees/agents failed to meet th...
2018.5.25 Motion for Judgment on the Pleadings 188
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.25
Excerpt: ...to the Complaint. ALLEGATIONS IN COMPLAINT: Plaintiff Lucia Rose Affatato (“Plaintiff” or “Affatato”) alleges that she retained Defendants Wish Properties, Inc. (“Wish”) and Sherry Ann Robin (“Robin”) to represent her in connection with the sale of her home, pursuant to various oral and written agreements. She states that she sold the property to Hermitage Enterprises, LLC (“Hermitage”) and Joe Salem (“Salem”), but during ...
2018.5.25 Motion for Judgment on the Pleadings 380
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.25
Excerpt: ...to the Complaint. ALLEGATIONS IN COMPLAINT: Plaintiff Lucia Rose Affatato (“Plaintiff” or “Affatato”) alleges that she retained Defendants Wish Properties, Inc. (“Wish”) and Sherry Ann Robin (“Robin”) to represent her in connection with the sale of her home, pursuant to various oral and written agreements. She states that she sold the property to Hermitage Enterprises, LLC (“Hermitage”) and Joe Salem (“Salem”), but during ...
2018.5.25 Motion for Summary Judgment, for Sanctions 702
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.25
Excerpt: ...obtained a loan secured by a deed of trust recorded on their real property. They allege that Defendants JP Morgan Chase Bank, NA and Quality Loan Service Corporation violated statutory requirements for using California's non- judicial foreclosure procedures to collect the debt. The second amended complaint (“SAC”) filed March 23, 2017, alleges causes of action for: (1) Violation of Civil Code §2923.6; (2) Violation of Civil Code §2923.7; (3...
2018.5.25 Motion to Compel Compliance with Deposition Subpoena, to Seal 044
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.25
Excerpt: ...tion to Seal MP: Plaintiff Ellen Lopez RP: Defendant Marengo Management Corp. dba “Lanai Motel” ALLEGATIONS IN COMPLAINT: In this action, Plaintiff Ellen Lopez alleges that she was injured when a headboard fell on her while she was a patron on the premises of Defendants Marengo Management Corp. dba <0044005900480003002600 00510047000300280050[ily Lin. The complaint, filed February 10, 2016, alleges causes of action for general negligence and ...
2018.5.25 Motion to Compel Further Responses 629
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.25
Excerpt: ...special interrogatories (“SROG”); (2) request for production of documents (“RPD”); and (3) requests for admission (“RFA”). DISCUSSION: This case arises from Plaintiff's claim that Defendants are liable for the losses he suffered when the storage unit he was renting from Defendants was burglarized. A. FROG, SROG, and RPD On October 25, 2017, Plaintiff propounded the FROG, SROG, and RPD on Defendants. On November 29, 2017, Defendants se...
2018.5.11 Motion to Strike Designation of Expert Witnesses 096
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.11
Excerpt: ...intiffs allege that on May 18, 2015, Defendant Leslie Adam Dittert was permitted unfettered and unmonitored access to children while a patron of Defendant Rose Bowl Aquatics Center (“RBAC”). Plaintiffs allege that Dittert, a patron of RBAC, sexually abused and molested minor/Plaintiff John Doe on multiple occasions. The complaint, filed May 12, 2017, alleges causes of action for: (1) sexual battery; (2) sexual assault; (3) gender violence; (4...
2018.5.4 Application for Writ of Attachment 646
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.4
Excerpt: ...s would give Plaintiff an exclusive right to sell the Air Cooler Production on Amazon.com. Plaintiff alleges it made sales of the product, but customers complained that they did not receive the product, received incomplete products, or received the wrong product. As a result, Amazon froze Plaintiff's seller account and Plaintiff was damaged. The complaint, filed December 5, 2017, alleges causes of action for: (1) breach of contract; (2) breach of...
2018.5.4 Demurrer 462
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.4
Excerpt: ...ned. The complaint does not provide further facts. On 12/27/17, WY Inc. dba Wonder Years, sued and served as Wonder Years Preschool, filed a cross-complaint against Cross-Defendant Lucine Arzumanyan for: (1) contribution; (2) equitable indemnity; (3) implied indemnity; and (4) express indemnity. REQUESTED RELEIF: Lucine Arzumanyan demurs to each cause of action in the cross-complaint. DISCUSSION: 1. Contribution (1 st cause of action) and Equitab...
2018.5.4 Demurrer 531
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.4
Excerpt: ...s- Defendant Uni-Glory Development, Inc. (“Uni-Glory”) to build a condominium in a written agreement entered into on May 29, 2013. Uni-Glory failed to perform the work in a timely, competent, and reasonable manner with the result that Fairview had to pay additional costs due to the delay and to correct the problems in the construction work. Further, Uni-Glory made false representations that it had not received construction payments with the r...
2018.5.4 Motion to Set Aside Referee's Report 128
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.4
Excerpt: ...ial, the Court entered judgment finding that Cross-Complainant Bruce Goss and Cross-Defendant Jacqueline Corcoran each own an undivided 50% interest in the property, and that partition of the property by sale is more equitable than partition by division. Thus, the Court ordered the property be partitioned by sale and sold at fair market value, and appointed a referee, the Honorable Lawrence Crispo (ret.) to carry out the Court's orders. Prelimina...
2018.5.4 Motion to Strike 568
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.4
Excerpt: ..., #307, Pasadena, CA 91101. Plaintiffs Melanie Reeve and Frank Trujillo allege that Defendants South Madison Ownership II, LLC and Charles Dunn Real Estate Services, Inc. were the owners and managers of the premises. Plaintiffs were paying tenants of the premises pursuant to a lease agreement entered on June 10, 2014. Plaintiffs allege during their tenancy, they became aware that the premises lacked effective waterproofing and weather protections...
2018.5.4 Motion to Vacate, to Strike 970
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.4
Excerpt: ...on, Plaintiff Lucy Mestre-Jasso (“Plaintiff”) alleges that she tripped and fell on uneven pavement, which constituted a dangerous condition. The complaint, filed August 17, 2016, alleges causes of action for: (1) premises liability; and (2) general negligence. On February 2, 2018, the Court sustained Defendant's demurrer to the 2 nd cause of action with 20 days leave to amend, such that the first amended complaint was to be filed by February ...
2018.5.4 Objections to Proposed Judgment 548
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.4
Excerpt: ...0 RMB (approximately $2,500,000.00 USD) on December 7, 2013 while in the Peoples Republic of China. (Compl., ¶6.) The parties memorialized the loan in the form of an executed promissory note, such that the loan was to be repaid by March 18, 2014. (Id., ¶6, Ex. A.) Han alleges Defendant acknowledged receipt of the loan. (Id., ¶7, Ex. B.) On June 20, 2014, Defendant executed a guaranty to post all of his personal or real estate assets to satisfy...
2018.5.4 OSC Re Preliminary Injunction 728
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.4
Excerpt: ...o Lucioni (“Plaintiff”) alleges that on September 7, 2005, Plaintiff executed a deed of trust and the mortgage was secured by the property. He alleges that at some point, Defendant Dovenmuehle Mortgage Inc. (“DMI”) acquired beneficial interest in the mortgage and Defendant Raymond James Bank (“RJB”) is the mortgage servicer. Plaintiff alleges that on February 21, 2017, DMI recorded a Notice of Default against the property, but that no...
2018.5.4 Demurrer, Motion to Strike 448
Location: Los Angeles
Judge: Stewart, William
Hearing Date: 2018.5.4
Excerpt: ...PLAINT: Plaintiff Alice Sarkissian is the daughter of Decedent Shnorig Baghadasar Sarkissian (“Decedent”). Plaintiff alleges that Decedent was in the care of Defendant Montrose Healthcare Center, Inc. and Defendant Montrose Healthcare Center. She alleges that Defendants were a nursing facility that provided long term care. Plaintiff alleges that their care for Decedent was negligent and resulted in Decedent developing an infected sore, which ...

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