Excerpt: ... resident at Cabrillo Village (“The Village”); his residency was through U.S. Vets, which provides housing services for veterans. While a resident at The Village, Plaintiff met Dawn Thompson. Plaintiff trusted Dawn, and Dawn told Plaintiff she would help him obtain a VA caregiver due to his difficulty performing his necessary chores. In April of 2017, Dawn called Plaintiff into her office to sign papers. Plaintiff believed the papers related ...

Excerpt: ...ations of the California Homeowners Bill of Rights  Treble Damages  Slander of Title  Quiet Title  Violation of BPC §17200, et seq.  Declaratory Relief The crux of Plaintiffs' complaint is their allegation that Defendants commenced foreclosure proceedings against Plaintiffs without complying with the Homeowners Bill of Rights (complaint, ¶9); Plaintiffs had a loan with NBGI, Inc., which was never assigned to any of the defendants...

Excerpt: ...nd Amended Complaint (“SAC”) was filed on February 25, 2020 and contains three causes of action: (1) negligence, (2) premises liability, and (3) product liability. The SAC alleges that Decedent Oscar Gilberto Miranda (“Decedent”) was Plaintiff's husband and father to their minor children. (SAC, ¶ 18.) Decedent was an independent contractor and truck driver for Corporate Defendants. (Id. at ¶ 19.) Corporate Defendants assigned Decedent d...

Excerpt: ...5) quantum meruit. Plaintiff alleges Shoreline breached the verbal/oral agreement in connection with improvement project performed at 217 Pine Avenue, Long Beach, CA 90802. 2. Motion to Compel Further Responses At issue today is Plaintiff's Motion to Compel Further Responses to Request for Production of Documents, Set One, Nos. 27 to 32. A motion to compel further production must set forth specific facts showing good cause justifying the discover...

Excerpt: ...problems with the vessel included “a non-working PCU, which controlled all of the electronics on the yacht” as well as problems with the electrical and navigational systems. A written contract for purchase of the vessel, a 2016 Lagoon 630 motor yacht, was executed on March 6, 2016. A copy of the contract is appended to the complaint as Exhibit A. The broker defendants allegedly promised a one-year warranty running from the date of delivery. P...

Excerpt: ... City filed a motion for judgment on the pleadings. On March 5, 2020, the court granted City's motion with leave to amend on grounds that the allegations in the complaint were not pled with sufficient particularity against City. Plaintiff filed her first amended complaint (“FAC”) on April 3, 2020. Plaintiff alleges that on January 14, 2017, she was seriously injured by a vehicle driven by Ray while she was walking across a crosswalk in Long B...

Excerpt: ...urt, Plaintiff filed a Second Amended Complaint on October 2, 2019. On October 17, 2019, the Court sustained Defendants' unopposed demurrer to the First Amended Complaint in its entirety without leave to amend. The Second Amended Complaint was ordered stricken because it was improperly filed without leave of Court. The Court entered Judgment of Dismissal on October 22, 2019. Defendants filed its Memorandum of Costs and the subject motion for atto...

Excerpt: ...e First Amended Complaint. The FAC names Farmers Insurance Company, Farmers Insurance Exchange, Hadi Alidowlatabadi, Abigail Resnick, and Robert Biehl as defendants. The FAC includes causes of action for:  Breach of the Implied Covenant of Good Faith and Fair Dealing (All Defendants);  Breach of Contract (All Defendants);  Violation of BPC §17200, et seq. (All Defendants);  BPC §17500, et seq. (All Defendants);  Intentional Misre...

Excerpt: ...included a premises liability attachment to his form complaint. The crux of the complaint is not entirely clear, but appears to be that Defendants used forged documents to evict Plaintiff from his deceased wife's home. 2. Matter on Calendar Today Defendants, Eugene J. Fay and Solange Rutledge demur to the complaint. 3. Demurrer a. Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues...

Excerpt: ...ruptcy in 2012 and entered into a stipulated agreement with Nationstar permitting Plaintiffs to re-amortize their loan. Thereafter, Nationstar assigned the loan to Defendant, SLS for servicing. Beginning in December of 2017, SLS began notifying Plaintiffs that they were in default on their loan, even though Plaintiffs were timely making payments per the bankruptcy agreement. Plaintiffs allege SLS has improperly threatened Plaintiffs with a Notice...

Excerpt: ...rdinance). Plaintiffs' complaint under §1946.2 alleges that Defendants have threatened to raise Plaintiffs' rent in excess of the legally permitted rent control amount, and Plaintiffs seek an order that they must not do so. Plaintiffs' complaint under the Long Beach City Urgency Ordinance alleges Defendants are wrongfully causing Plaintiff and other tenants to move involuntarily and without just cause and seeks a declaration that Defendants must...

Excerpt: ...nsaction and has subsequently assigned his rights to Plaintiff Legend 13. Plaintiff alleges Defendants made various representations concerning the property, including that the property would be free from restrictions that would impair the value of the property; these representations were false, and caused Plaintiffs harm. Specifically, Plaintiffs allege the City of Long Beach and/or the Port was imposing restrictions on the permitted uses of the ...

Excerpt: ...declined to pay under the insurance contract, to defend the Suit, and to indemnify Plaintiff for the costs incurred. Plaintiff also alleges Defendant's conduct was discriminatory and was undertaken because of Plaintiff's protected status. The Court previously sustained a demurrer to the First Amended Complaint with leave to amend as to the third and fourth causes of action; the Court also sustained the demurrer without leave to amend as to the fi...

Excerpt: ... passenger in a Lyft vehicle, and the Lyft vehicle negligently left Decedent in the street near 2 nd Street and Tivolli Avenue, which was not near her designated Lyft destination. Hoyt, as an employee of Shimmick, ran over and killed Decedent, who was in the street after being let out of the Lyft vehicle. 2. Matters on Calendar Today There are two motions on calendar today. On 2/19/20, Lyft filed a motion for a protective order. Lyft seeks an ord...

Excerpt: ...ttempted to raise the rent by an amount not permitted under the extension. Defendant, JMS moved for summary judgment on the SAC, and on 11/05/19 the Court denied the motion. JMS moved on the ground that Plaintiff failed to comply with the notice provision in ¶36 of the parties' lease. The Court found that there were triable issues of material fact in this regard and denied the motion. On 1/07/20, Plaintiff filed a doe amendment. She named Michae...

Excerpt: ...rading. Because Rogers is the demurring defendant in connection with today's hearing, the Court will focus on the allegations relating to Rogers in detailing the complaint. The Court notes that many material facts relating to the other defendants are not incorporated into this ruling, as they are not relevant to the issues presented by way of the demurrer. Plaintiff alleges OSA loaned $2,450,000 to Energy Product Company, LLC which loan agreement...

Excerpt: ...imately convinced him to leave the treatment center and move in with her, abused drugs and alcohol herself, and engaged in egregious conduct when Plaintiff attempted to leave the relationship and Defendant's home. Plaintiff's operative complaint is his First Amended Complaint, which he filed on 12/06/19. It includes causes of action for:  General and Professional Negligence (all defendants);  IIED (all defendants);  Battery (all defendan...

Excerpt: ... Complaint alleges that on or about October 16, 2017, Direct Automotive Corporation (“Direct Auto”) through Juan Lopez (“Lopez”), its principal, agreed to buy all of Nasri's shares in NK Financing Corporation (“NK”) pursuant to terms and conditions set forth in the Purchase and Sale Agreement (“Agreement”). Under the Agreement and the “Goodwill Note”, Direct Auto and Lopez are obligated to pay the purchase price in monthly ins...

Excerpt: ...rticipate in the hearing. At the conclusion of the hearing, the Commissioner awarded Plaintiff $97,627.99. Defendants initiated an appeal of the Award. While designated an appeal, the proceeding is actually a trial de novo. See Labor Code § 98.2(b). The parties participated in a court trial, the Honorable Mark C. Kim presiding, between 12/13/19 and 12/17/19. The Court issued a proposed statement of decision on 2/24/20, and adopted the decision a...

Excerpt: ...3, 2019) 10. Unfair Business Practices 11. Declaratory Relief 12. Accounting Plaintiff filed his original complaint on 8/08/19. On 12/12/19, the Court heard Defendant's demurrer to the fifth and sixth causes of action. The Court sustained the demurrer with leave to amend, finding the allegations amounted to mere conclusions, which were insufficient to support a claim for misrepresentation. On 1/02/20, Plaintiff filed his operative First Amended C...

Excerpt: ...er purse, and charged her for a second ride using the Uber app. Plaintiff's original complaint is her operative complaint. It alleges causes of action for: 1. Common Carrier Negligence (Uber); 2. Sexual Battery (Doe 1 – Humberto); 3. Assault (all defendants); 4. Violation of Ralph Act Civil Code § 51.7 (all defendants); 5. Violation of Bane Act Civil Code § 51.7 (all defendants); 6. Civil Damages Arising out of Gender Violence (Doe 1 – Humb...

Excerpt: ...s performing cleaning and maintenance work in oil refineries) . . .” (Paragraph 5) “In or about 2000, Mr. Grange incorporated PLAINTIFF which subsequently entered into a business relationship with DEFENDANT pursuant to which Mr. Grange, on behalf of PLAINTIFF, introduced DEFENDANT into the California market and generated business in exchange for compensation in the form of a seventeen percent (17%) commission. This arrangement continued for a...

Excerpt: ...tend this deadline during the meet and confer process. Defendant served responses to special interrogatories by mail on January 16, 2020. The motions were filed on March 12, 2020, which is within 50 days. The motions are timely. Defendant served supplemental responses to form interrogatories on March 20, 2020. The motion was filed on April 17, 2020 which is within 50 days. The motion is timely. There is no contention that the responses were untim...

Excerpt: ...n a urologist. During surgery Dr. Stafford allegedly nicked Plaintiff's bladder requiring a second surgery, that the surgeries advanced his testicular cancer from Stage III to Stage IV. (Complaint Paragraphs 7 – 8) He vaguely alleges a failure to timely diagnose, but it is unclear which condition went undiagnosed. William Blowitz's wife, Mary Ann Blowitz, claims she has a loss of consortium due to this negligence. As both motions point out -- L...

Excerpt: ...laintiffs allege the specific property they placed in the box and their value, including precious metals and cash. (Paragraph 11) On September 5, 2017 Plaintiff Stacy Persinger went to the bank to access the safe deposit box. A Canadian vacation was planned, and the family's passports were secured there. Plaintiff was assisted by an assistant bank manager who, in Plaintiff's presence, used her key and his master key to open the box's door. He gav...

Excerpt: ...Fraud Defendants concurrently move to strike all prayers for punitive damages and associated allegations. SUMMARY OF ALLEGATIONS The complaint is replete with unsupported legal conclusions which the court does not deem true even on demurrer. These include, but are not limited to, allegations of tolling due to concealment and malice. Plaintiff borrowed $765,000 from Greenpoint Mortgage Funding on May 10, 2006. In 2012 MERS conveyed beneficial inte...

Excerpt: ...to Compel Compliance with Deposition Subpoena The City moves to compel Whittier Elementary School to comply with a deposition subpoena for production of business records that the City propounded on 1/21/20. The motion is denied for two reasons. First, the subpoena, attached to the moving papers as Exhibit B, includes a mostly blank proof of service. The proof of service does not indicate who was served, where, what date, what time, etc. The proof...

Excerpt: ...tiff alleges professional malpractice and as against Dr. Lim a cause of action for reckless misconduct. Plaintiff Elijah Edwards presented at the emergency room of Long Beach Memorial Hospital with a complaint of flank pain. He was treated by Dr. Lim. He suffered from tension pneumothorax. Plaintiff claims the condition required immediate treatment, but Dr. Lim failed to recognize the condition and abandoned the patient and left the clinic. The d...

Excerpt: ...ourt has ordered electronic service on a represented party or other represented person under subdivision (c) or (d).” The Rule does not appear to require a written agreement. This action was filed on 10/2/18. CRC 1010.6(a)(2)(A)(i): “For cases filed on or before December 31, 2018, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a part...

Excerpt: ...t Rachel Streicher is the sole member of LLC. “Wilhelmina Stanley was a resident of defendant PGR and was therefore within the care and custody of defendants, and each of them. As a resident of PGR, Plaintiffs' decedent was under all defendants' 24 -hour care and supervision, and reliant upon defendants and each of them for her care, supervision, personal assistance and caregiving, security and safety, and meals.” (Paragraph 11) There are gen...

Excerpt: ...tion. “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as s...

Excerpt: ...les, State of California (Caltrans), Jessica Phillips, Lonnie Phillips, Tanesha Phillips, Tara Joy Fernandez, Sergio Fernandez, Shark Helmets North America, LLC, and Does 1 through 125, inclusive. For the purposes of the instant motion, the complaint's first cause of action alleges premises liability against Defendants Skating Edge Ice Arena and Erwin Heindl. The complaint's seventh cause of action alleges wrongful death/survival against all defe...

Excerpt: ... website and web hosting services, not for assistance in manufacturing Plaintiff's product. When Plaintiff threatened Defendant Cyberset with a lawsuit, Defendant Kalhor threatened to burn Plaintiff to death if he filed the lawsuit. On July 24, 2018, Plaintiff filed a complaint against Defendants Shahab Saba (“Saba”), Siamak Kalhor (“Kalhor”), and Cyberset Corp., asserting the following causes of action: 1. Elder Abuse 2. Fraud 3. Fraudul...

Excerpt: ...e damages based on the subject suburban containing defective parts. TR: GRANT Plaintiff's request for judicial notice is granted. (Evid. Code § 452.) Defendant moves the Court for a protective order. Defendant argues that Plaintiffs are not entitled to capture GM's confidential computer modeling technology and objects to producing the models themselves or any documents or answers to discovery questions that reveal the contends of those models. C...

Excerpt: ...Deposit 6. Violation of Unfair Competition Law Additionally, Defendant Silver moves to strike the AC as to punitive damages, and as to the fourth, fifth, and sixth causes of action. Defendant Silver also moves to strike the prayer for relief in its entirety. ALLEGATIONS On August 8, 2018, Plaintiffs filed the initial complaint against Defendants Oceans 11 RV Park LLC, Oceans 11 RV Rentals & Storage, and Does 1-25, alleging the first three causes ...

Excerpt: ...ed “distributor pricing” on Plaintiff's products and then made money selling the products at higher prices to third parties. Plaintiff shipped the products to Defendants and sometimes to Defendants' customers when requested. Plaintiff alleges that Defendants did not pay all the money owed to Plaintiff. Plaintiff commenced this action to collect on the purchase agreements and invoices issued from August 31, 2015 to January 5, 2018. On February...

Excerpt: ...ctively “Plaintiffs”) filed their initial complaint. Defendant San Pedro Convalescent Home, Inc., dba Los Palos Convalescent Hospital (“Defendant” or “Los Palos”) was not a named defendant. Plaintiffs did not name any “Doe” defendants in their caption, though there were allegations against “Doe” defendants in the pleading. (See e.g., Complaint ¶¶ 10-11.) On November 14, 2018, Plaintiffs filed their first amended complaint (�...

Excerpt: ...ail because Williams cannot prove causation between her alleged exposure to arsenic at the Newcomb Academy School construction site, between June 1, 2016 and June 3, 2015, and any resulting injury. Williams's retaliation claim fails because Defendant did not employ Williams. MWL's breach of contract and breach of implied covenant of good faith and fair dealing fail because MWL cannot establish its performance of the underlying contract, excuse fo...

Excerpt: ...perty. On October 24, 2019, City filed a Cross-Complaint against Ray and Armando. Trial is currently set for September 8, 2020. ALLEGATIONS: Only the third cause of action for dangerous condition of property is claimed against City. Plaintiff alleges that on January 14, 2017, she was seriously injured by a vehicle driven by Ray while she was walking across a cross-walk in Long Beach. (Complaint, ¶ DCP-2.) City permitted the intersection to const...

Excerpt: ...f action against Defendants. Defendants move to strike paragraphs 6 and 7 of the FAC on the ground that the allegations constitute an improper request for relief. BACKGROUND On December 26, 2018, Plaintiff Creative Recovery Concepts, Inc. (“Plaintiff”) filed a verified complaint to quiet title against Defendants. Plaintiff filed the FAC on May 20, 2019. Plaintiff alleges that on November 28, 2012, a Judgment was obtained by Old Mission, LLC a...

Excerpt: ...iods, failure to provide required meal periods, failure to provide required rest periods, failure to pay all wages owed after separation, failure to provide accurate wage statements, unfair business practices, and civil penalties under PAGA. DEMURRER TR: Defendants Intermodal Bridge Transport, Inc. and Ozwaldo Zea demur to the first amended complaint's fourth and fifth causes of action for violation of California meal and rest period violations. ...

Excerpt: ...e all documents, without objections, to Categories 5 and 8 of the Subpoena for Production of Documents served by Defendant on or about September 13, 2019. STANDARD C.C.P. §2025.480 provides, in pertinent part, as follows: (a) If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, t...

Excerpt: ...aret Williams contracted with LBUSD to serve as “Facilities Consultant in charge of overseeing environmental compliance with LBUSD construction sites.” In 2013 she entered a second contract with LBUSD to provide “project management and planning consulting services for the facilities development and planning branch.” One project was the site of the Newcomb Academy. In this consolidated complaint she brings suit against the general contract...

Excerpt: ...r punitive damages. ALLEGATIONS Defendants owned real property at 855 W. Willow Street in Long Beach, California (the “Property”). Plaintiff alleges that on February 18, 2019, Defendants entered into a listing agreement with Plaintiff by which Plaintiff would represent Defendants in the listing and sale of the Property (the “Listing Agreement”). While both Defendants were named on the Listing Agreement, only Defendant Edward D. Cha (“Mr...

Excerpt: ...levant Law A party may move for an order compelling further response to a request for production of documents if the demanding party deems that responses are incomplete, evasive, or contains objections. (Code Civ. Proc., § 2031.310, subd. (a).) A motion to compel further responses to requests for production “shall set forth specific facts showing good cause justifying the discovery sought by the inspection demand.” (Code Civ. Proc., § 2031....

Excerpt: ...Del Sol Realty and Associates, Andalucia Lending Institution, Inc., and Spectrum Lighting Services (“Defendants.”) The action arises out of the alleged breach of promissory notes made by Defendant Hernandez as borrower where Lydia Rojas, Plaintiff's predecessor-in-interest, was the beneficiary. (Compl., ¶ 1.) Defendant Hernandez, a real estate broker, issued a series of promissory notes beginning in 1993 whereby he was the borrower and Lydia...

Excerpt: ...fendant Shun PA, M.D. (“Defendant”), who provided medical care to Plaintiffs' daughter in the emergency department. On May 1, 2018, Plaintiffs filed their complaint.[1] On November 7, 2019, Defendant testified at his deposition. Plaintiffs' counsel asked Defendant certain questions that Defendant upon instruction by his counsel did not answer. On January 17, 2020, Plaintiffs filed this motion seeking to compel Defendant to answer certain ques...

Excerpt: ...neral contractor. One of the subcontractors Gundry hired for the project was Production Plumbing, Inc. dba Major League Plumbing (“MLP”) In the complaint, Gundry alleges Maverick failed to pay for all services rendered. On January 26, 2018, Maverick filed a cross-complaint against Gundry. The cross-complaint alleges some of the construction work was defective. On April 3, 2018, Gundry filed a cross-complaint against MLP, and other subcontract...

Excerpt: ... abetting conversion, conspiracy to commit conversion, civil claim for receipt of stolen property – Penal Code §496(c), unjust enrichment, common count: money had and received – quantum meruit, intentional infliction of emotional distress, violation of Usury Laws – loansharking, cancellation of written instruments – Civil Code §3412, rescission of written instruments, injunctive relief, and declaratory relief. (1) DEMURRER TO COMPLAINT ...

Excerpt: ...Butler Chemicals, Inc. Thereafter, both Defendants continued to solicit Plaintiff's customers with Plaintiff's confidential information. The first amended complaint was filed August 16, 2018, and it asserts causes of action against Defendants Butler Chemical, Inc. and Gary Erlandson for: 1. BREACH OF WRITTEN CONTRACT; 2. BREACH OF FIDUCIARY DUTIES AND OBLIGATIONS; 3. INTERFERENCE WITH CONTRACTUAL RELATIONS; 4. INTERFERENCE WITH PROSPECTIVE ECONOM...