Excerpt: ...on, CA. Plaintiffs alleged that they entered into an oral purchase agreement whereby they would remodel and rent the property with an option to purchase the property. After the value of the property increased, Defendant allegedly reneged on the agreement. On October 25, 2018, Plaintiffs sought and received an order appointing an elisor to effect the transfer of the subject property. Defendants now move to set aside the default judgment. II. Stand...

Excerpt: ...'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 party online. Reunited's investigations ...

Excerpt: ...el Cielo, LLC, is the owner of the property. Defendant Abraham Sandoval is allegedly the sole member of Sol. The Second Amended Complaint (“SAC”) alleges: 1. Trespass to land; 2. Private Nuisance; and 3. Trespass to Timber Plaintiffs appealed the Court's ruling on the anti‐SLAPP motion. Defendants prevailed on the appeal and were granted costs. Plaintiffs now move to tax Defendants' costs, specifically a $675 item for a letter of credit/opi...

Excerpt: ...m purchasing a property and 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. ...

Excerpt: ... and operated the premises at 2250 East 111th St., Apt. 220, Los Angeles. Defendants Jessica Garcia and Frances Williams are residents of the apartment complex who allegedly invaded Plaintiffs' unit and committed robbery. The Complaint alleges the following causes of action: 1. Retaliation and Harassment; 2. Discriminatory Housing Practices; 3. Negligence (Civ. Code §§ 1171(a), 3333); 4. Breach of Warranty of Habitability; 5. Breach of Covenant...

Excerpt: ...ar recovering from multiple surgeries to his foot. The Complaint alleges the following causes of action: 1. Intentional Infliction of Emotional Distress, 2. Dependent Adult Abuse, 3. Breach of Fiduciary Duty, and 4. Negligence Defendant now moves to compel arbitration based on an arbitration agreement. An opposition and reply have been filed and considered. The Court ruled primarily for the Defendant, but an outstanding issue as to the authentici...

Excerpt: ...ing the development; 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 Plaintiffs now move for leave to file a Second Amended Complaint (“SAC”). The motion is unopposed. Trial is currently set for December 9, 2019. As set forth below, the C...

Excerpt: ...fendant D/AQ Corporation (dba Daum Commercial Real Estate Services) (“Daum”) for property management services. In 2016, Plaintiff was working at the property when he fell from the top of an allegedly defective staircase, sustaining injury. The Quagletti defendants (previously Does 1 and 2) have been dismissed. The First Amended Complaint (“FAC”) alleges: (1) premises liability, and (2) negligence. Defendants Feit and Daum now move for sum...

Excerpt: ...r recovering from multiple surgeries to his foot. The Complaint alleges the following causes of action: 1. Intentional Infliction of Emotional Distress, 2. Dependent Adult Abuse, 3. Breach of Fiduciary Duty, and 4. Negligence Defendant now moves to compel arbitration based on an arbitration agreement. An opposition and reply have been filed and considered. I. Standard “Public policy favors contractual arbitration as a means of resolving dispute...

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 l...

Excerpt: ...intiff allegedly developed Biliary Cirrhosis, Systemic Sclerosis, and Raynaud's Syndrome as a result of her exposure to various chemicals during that time‐frame. Defendants are manufacturers and distributors of the chemicals or products. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. General Negligence; 2. Strict Liability—Warning Defect; 3. Strict Liability—Design Defect; 4. Fraudulent Concealment; and 5...

Excerpt: ...tion is unopposed. For the reasons set forth below, the Court grants the motion. II. Standard Code of Civil Procedure § 1281.2 governs petitions to compel arbitration. A party to an alleged arbitration agreement may file a petition or motion 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 ...

Excerpt: ... of the field. The parties resolved the case in November 1999 by entering into a settlement agreement. Pursuant to the settlement agreement, Barto and Alamitos Land entered into another agreement called the Surface Use Relinquish Agreement and Grant of Easement (“SURGE”). The SURGE concerned an area located within Signal Hill East Unit known as the Boneyard. The SURGE granted easements allowing Barto to use the property for its oil operations...

Excerpt: ...tatutory Elder Abuse/Neglect; 2. Violation of Health & Safety Code § 1430; 3. Negligence Defendant now moves to compel arbitration of the first and third causes of action, and to stay further proceedings. An opposition and reply have been filed and considered. I. Standard Code of Civil Procedure § 1281.2 governs petitions to compel arbitration. A party to an alleged arbitration agreement may file a petition or motion with the trial court. If th...

Excerpt: ... instead sold it to a third‐party for greater profit. The First Amended Complaint (“FAC”) 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 in...

Excerpt: ...esulting helplessness to rape her. The First Amended Complaint (“FAC”) alleges the following causes of action: (1) Assault, (2) Battery, (3) General Negligence, (4) Negligent Hiring, Supervision, Retention, (5) Sexual Assault and Battery, (6) Sexual Harassment, (7) Gender Violence, (8) Negligent Per Se, (9) Sexual Battery, (10) Intentional Infliction of Emotional Distress, (11) Negligent Infliction of Emotional Distress, (12) False Imprisonme...

Excerpt: ...tiff also alleges a multitude of defendants engaged in a predatory lending scheme to convince Plaintiff to purchase the property. Defendant Brandon Soto is an employee of Defendant Accurate Inspections and inspected the property on Plaintiff's behalf. The Complaint alleges the following causes of action: (1) Breach of Contract; (2) breach of Covenant of Good Fai th a nd Fair Deali n g; (3) Negli ge nce; (4) Violation of California Predatory Lendi...

Excerpt: ...ct”) wherein HTEC would provide electrical line construction and maintenance services. The Contract was governed by the MSA and incorporated its terms into the agreement. Pursuant to the Contract, Plaintiff Kevin DeVaughn and decedent Philip Pechacek, both HTEC employees, were working to replace a Buried Underground Residential Distribution (“BURD”) switch and transformer in Hermosa Beach on March 29, 2015. They were working in an undergrou...

Excerpt: ...ct”) wherein HTEC would provide electrical line construction and maintenance services. The Contract was governed by the MSA and incorporated its terms into the agreement. Pursuant to the Contract, Plaintiff Kevin DeVaughn and decedent Philip Pechacek, both HTEC employees, were working to replace a Buried Underground Residential Distribution (“BURD”) switch and transformer in Hermosa Beach on March 29, 2015. They were working in an undergrou...

Excerpt: ...ct”) wherein HTEC would provide electrical line construction and maintenance services. The Contract was governed by the MSA and incorporated its terms into the agreement. Pursuant to the Contract, Plaintiff Kevin DeVaughn and decedent Philip Pechacek, both HTEC employees, were working to replace a Buried Underground Residential Distribution (“BURD”) switch and transformer in Hermosa Beach on March 29, 2015. They were working in an undergrou...

Excerpt: ..., Inc., on July 2, 2014. In 2015, NDO was acquired by Defendant XPO. Both companies are freight forwarding companies. The Second Amended Complaint (“SAC”) alleges the companies ignored Solorio's behavior because of the profit he generated. Plaintiff alleges she was retaliated against when she reported Solorio's actions. The SAC alleges the following causes of action: 1. Assault; 2. Retaliation (Labor Code § 1102.5, et seq.); 3. Retaliation (...

Excerpt: ...ocker room attendant assigned to the school. The Complaint alleged the following causes of action: (1) premises liability; (2) negligent supervision and retention; (3) failure to train; and (4) battery. On February 8, 2018, the Court granted Defendant CUSD's motion for summary judgment and granted summary adjudication in favor or Defendant Lankster on causes of action 1–3. On December 3, 2018, this action was called for trial on the remaining c...

Excerpt: ...e brought an abatement action against Plaintiff and her son Darryl to abate an alleged narcotics issue at the 118 th Street property. Plaintiff was then approached by her other son, Defendant Byron Halcromb, who warned Plaintiff that the State would take all of her properties, including the Kemp property. Plaintiff alleges that Defendant Halcromb convinced her to grant him power of attorney and to subsequently convey the Kemp property to him to p...

Excerpt: ... The court considered the moving, opposition, and reply papers. RULING The motion to set aside default judgment is DENIED. The motion to quash is DENIED. BACKGROUND <0003005700550058005600 004b0048000300300052[nahan Trust Dated February 12, 2001, filed a complaint against Libiano Investments, Inc. and Lance Libiano for breach of contract (promissory note) and breach of contract (guaranties). <0048000300480051005700 004c0051005600570003[defendants...

Excerpt: ...LING The motion is DENIED. <0003000300030003000300 00030003000300030003> On July 9, 2018, plaintiff Humberto Ruiz III filed a complaint against defendants Vgod, Inc., Iskandar J. Homran dba Cig Room for (1) strict products liability and (2) negligence. On September 24, 2018, Iskandar J. Homran dba E Cig Room filed a cross-complaint for breach of contract, negligence, and indemnity. LEGAL AUTHORITY The court may, upon a motion, or at any time in i...