Excerpt: ... strike the answer. Oppositions and replies have been filed and considered. For the reasons set forth below, the Court finds as follows: II. Standard a. Demurrer A demurrer tests the sufficiency of a pleading 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 a pleading, the court must assume the truth of (1) the properly pleaded factual allegations; ...

Excerpt: ...lleges that Wells Fargo improperly foreclosed on his property and that Ralph Partners failed to care for his personal property after his eviction from the property. The Fourth Amended Complaint (“FAC”) alleges the following causes of action: 1. Fraud and misrepresentation, 2. Negligence, 3. Bailment, and 4. Conversion Only the first cause of action is alleged against Defendant Wells Fargo, which now demurs to the FAC. An opposition and reply ...

Excerpt: ...d instead sold it to a third‐party for greater profit. The Second Amended Complaint (“SAC”) alleges the following causes of action: 1. Unjust enrichment; 2. Professional negligence and interference with opportunity; 3. Negligence; 4. Negligent misrepresentation; 5. Fraudulent misrepresentation; 6. Fraudulent concealment; 7. Breach of escrow contract; 8. Breach of implied covenant of good faith and fair dealing; 9. Unfair business practices ...

Excerpt: ...ion. Plaintiffs allege the intersection was dangerous because of a 49‐foot offset. Defendants also include the City of Paramount, the State of California, and Willdan Engineering (Doe 1). Defendant Garcia has filed a Cross‐Complaint against Defendant City of Paramount. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Negligence, and 2. Dangerous Condition of Public Property Defendant Willdan now demurs to the...

Excerpt: ...mirez attempted a reckless left turn, causing the collision. Defendants argued Defendant Ramirez had a green arrow, and that Plaintiff's sudden acceleration caused the collision. The case proceeded to a jury trial, where a verdict was rendered for the Defendants. Plaintiff now moves for a new trial and to tax costs. Oppositions and replies have been filed and considered. For the reasons set forth below, the Court denies the motion for new trial a...

Excerpt: ...tra Rea Diaz, who was admitted to Defendant Martin Luther King Jr. Community hospital with severe back pain. The Complaint alleges that she also developed a right foot injury and pressure injury to the sacrum area. She was later found without a pulse, and was unable to be resuscitated. Plaintiffs are currently self‐ represented. The Complaint alleges the following causes of action (“CoA”): 1. Wrongful Death (Medical Malpractice); 2. Surviva...

Excerpt: ...stments, LLC (“ASI”), for help. The LLC is run by Defendants Timothy Ogburn and James Ogburn, who are brothers. On November 29, 2018, ASI agreed to lend Plaintiff $400,000 to pay off the reverse mortgage. ASI executed a deed of trust in favor of itself in the amount of $360,000 and executed a second deed of trust in for $40,000 in favor of Defendant Guliex. Defendant Guliex, a contractor, was to conduct repairs and construction on the propert...

Excerpt: ...ongfully evicted him from the premises. Plaintiff is self‐ represented. The Complaint alleges causes of action for (1) Breach of Contract, (2) Conversion of Property, (3) Injunctive Relief. Defendants demur to the Complaint. No opposition has been received. 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 ...

Excerpt: ...Asian Foods, Inc. Wismettac was insured by Plaintiff Travelers Property Casualty Company of America, which covered Wismettac's losses from the incident. Plaintiff has now filed suit against the following entities involved with the warehouse: Defendant Rexford Industrial‐1065 Walnut, LLC (owner), Defendant Rexford Industrial Realty and Management Inc., Defendant Rexford Industrial Reality Inc., and Defendant Prime Time Cold Storage, LLC (lessee)...

Excerpt: ...ff failed to make payments in 2008. In 2011, an assignment of deed of trust was executed in favor of Defendant Bank of New York Mellon, as trustee for the 2006‐BC5 Trust (“BONY”). Plaintiffs dispute this assignment. In 2013 a Notice of Default was recorded against the property, which, Plaintiffs allege, falsely claimed BONY possessed the power to foreclose on the property. In a letter dated September 15, 2017, Defendant Bayview Loan Servici...

Excerpt: ...aintiff's employer. Defendants Arturo Perez, Martin Romero, and Javier Gomez were Plaintiff's supervisors. The Complaint alleges the following causes of action: 1. Discrimination in violation of FEHA, 2. Retaliation in violation of FEHA, 3. Hostile Work Environment in violation of FEHA, 4. Failure to Prevent Discrimination, Harassment, or Retaliation in violation of FEHA, 5. Failure to Pay Wages, 6. Wrongful Termination/Adverse Employment Action ...

Excerpt: ... the corporations to enrich themselves. Global and AYT are joined as nominal Defendants. AYT is a taxi logistics business that provides services for 61 taxi cabs, as well as support for Global, which provides disabled individuals with paratransit services under a government contract. The relationship between the parties began to deteriorate in 2017. On June 5, 2018, Levertov's accountant visited Global and AYT to view their books. He conducted a ...

Excerpt: ...er arrested for the theft of a phone. Hunter further alleges he was kept in jail for six days and the charges were later dropped. The Complaint alleges the following causes of action: (1) General Negligence; (2) Breach of Fiduciary Duty; (3) Defamation; (4) Assault; (5) Battery; (6) False Imprisonment; (7) Violation of Bane Act (Civil Code § 52.1) Defendant now moves to strike the Complaint as a strategic lawsuit against public participation (�...

Excerpt: ...he contract. The vehicle is a 2015 GMC Light Duty Sierra 3500 Crew Cab Denali 4WD. Plaintiff now applies for a writ of possession. The application is unopposed. As discussed herein, the application is granted. II. Standard To obtain a writ of possession, a plaintiff must show they have the right to immediate possession of tangible personal property, and the property is being wrongfully withheld by the defendant. (C.C.P., § 512.010; Englert v. IV...

Excerpt: ...rty from Plaintiff to Defendant Thomas Knight (“Defendant”) and his now deceased wife Defendant Stella Knight. On April 11, 2018, Plaintiff filed his complaint that alleges the following causes of action: (1) Quiet title, (2) Cancellation of deed, (3) Fraud, (4) Constructive trust, (5) Declaratory relief, and (6) Forgery Plaintiff asserts against Defendant all causes of action except the sixth. On July 16, 2019, the Court granted Defendant's ...

Excerpt: ...U.S. retailers. Reunited contracted with defendant Capital Logistics & Warehousing West, Inc. (“Capital Logistics West”), to store Reunited's goods and to fulfill Reunited's purchase orders. This contract involved a facility located within California and was signed by Defendant Paul Greenspan (“Greenspan”) on behalf of contracting parties labeled as “Capital Logistics & Warehousing Inc.,” “Capital Logistics & Warehousing,” and “...

Excerpt: ...Louie”) (collectively “Defendants”) for breach of warranty of habitability, negligent maintenance of premises, and intentional infliction of emotional distress. On May 6, 2019, Defendants filed a demurrer and motion to strike. The demurrer and motion to strike were set for hearing on June 6, 2019. On May 7, 2019, Plaintiffs filed a first amended complaint (“FAC'), asserting causes of action for breach of warranty of habitability, negligen...

Excerpt: ...he action resulted in a settlement agreement whereby the Defendants Richard Machut and Iron Mountain Woodworks agreed to restore the car by October 31, 2018 or agree to enter a stipulated judgment in the amount of $70,000. The Court retained jurisdiction under CCP § 664.6. Plaintiff now moves to enforce the settlement agreement and for judgment to be entered thereon. No opposition has been filed. For the reasons set forth below, the Court grants...

Excerpt: ...gedly caused her mother's signature to be notarized and then forged the signature of her father, Jose Munoz. The Grant Deed was recorded with the Los Angeles County Recorder's office on July 21, 2005 by United Title Company. On February 11, 2008, Martha Munoz Martinez and Jose Jesus Martinez signed an Interspousal Grant Deed in favor of Jose Jesus Martinez. It was recorded by defendant Fidelity National Title Company. Jose Jesus Martinez then too...

Excerpt: ...mant Pande performed an endoscopic retrograde cholangiopancreatography with sphincterotomy whereby Dr. Pande made several unsuccessful attempts to cannulate the common bile duct. Upon seeking further treatment, Plaintiff was informed that her bile duct had been removed. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Medical Negligence, 2. Battery, 3. Negligent Infliction of Emotional Distress, 4. Intentional In...

Excerpt: ...fendant Anthony Bustamante conveyed the property to Plaintiff, so Defendant Bustamante's subsequent conveyance to Defendant Petrolla Avenue, LLC, was void. The issue is that the deed which purportedly conveyed the Property from Bustamante to Plaintiff spelled Bustamante's name as Bustamonte instead of Bustamante, so it did surface during the title search. There are three Defendant entities with similar names: (1) Petrolia Avenue Loan, LLC (“Pet...

Excerpt: ... refinanced the property with a loan from defendant Quicken Loans. The Complaint includes causes of action for conversion and quiet title. Default was entered against Defendant Davis on March 5, 2019. Davis was self‐represented until May 21, 2019, and is now represented by counsel. Davis now moves to have the entry of default set aside. An opposition, reply, and sur reply were filed. The sur reply is improper and was not considered. For the rea...

Excerpt: ...s Arturo Perez, Martin Romero, and Javier Gomez were Plaintiff's supervisors. The Complaint alleges the following causes of action: 1. Discrimination in violation of FEHA, 2. Retaliation in violation of FEHA, 3. Hostile Work Environment in violation of FEHA, 4. Failure to Prevent Discrimination, Harassment, or Retaliation in violation of FEHA, 5. Failure to Pay Wages, 6. Wrongful Termination/Adverse Employment Action in violation of Public Policy...

Excerpt: ...s responsibilities were to provide sponge baths and assist Plaintiff with dressing. On October 9, 2018, Plaintiff alleges Defendant Diaz did not raise the side rail on Plaintiff's hospital bed and rolled Plaintiff off the bed, resulting in her falling to the floor and fracturing her hip. The Complaint alleges the following causes of action: (1) General Negligence, (2) Elder/Dependent Adult Abuse Under Welfare & Ins. Code § 15657.23, (3) Declarat...

Excerpt: ...ner. Upon arrival, the container was empty. Defendant Transatlantic Products and Shipping Services specially moves to quash service of the Summons and Complaint for lack of jurisdiction. Plaintiff opposes. For the reasons set forth below, the Court grants the motion. II. Standard Code of Civil Procedure § 418.10 allows a defendant to move to quash the service of the summons and complaint for improper service. In evaluating a motion to quash, “...