Excerpt: ... cannot be liable for the criminal acts of third parties. OPPOSITION: The declaration of Defendant's expert is insufficient to carry their burden on summary judgment. Plaintiff is the real party in interest and Defendants owed her a duty to safeguard her property. REPLY: Reiterates moving arguments. ANALYSIS: On June 27, 2018, Plaintiff Ramesh Khalili (“Plaintiff”) filed the instant action for failure to provide adequate security against crim...

Excerpt: ...ndlord Defendant Chengchen Li aka Michelle Li (“Defendant”). On June 4, 2019, Plaintiff filed the First Amended Complaint (the “FAC”) for (1) fraud, (2) unjust enrichment, (3) breach of implied covenant of good faith, and (4) unlawful and unfair business practices. On October 1, 2019, the court sustained Defendant's demurrer to the entire FAC granted Defendant's motion to strike punitive damages, both with 20 days leave to amend. On Octob...

Excerpt: ...n favor of Plaintiff / Judgment Creditor Maricopa Meadows Homeowners Association (“Plaintiff”) and against Defendants Gloria Marquez and Regino Marquez (collectively “Defendants”). On July 24, 2019, Plaintiff filed a Motion for Award of Attorney's Fees and Costs (the “Motion”), requesting $2,540.00 in attorney's fees and $695.45 in costs. (Baillio Decl. ¶¶ 15-16.) Defendants do not oppose. II. Request for Judicial Notice Plaintiff r...

Excerpt: ....) On August 8, 2018, Plaintiff filed an Amendment to Complaint naming Canoga Park Bowl, LLC (“Canoga”) as a defendant. On November 8, 2018, Plaintiff filed a proof of service alleging that it served Mr. David Friedrich, Canoga's authorized agent, with the summons and complaint via personal service on October 4, 2018. Also on November 8, 2018, Default was entered against Canoga, and on August 5, 2019, judgment was entered in favor of Plaintif...

Excerpt: ...ss records is also MOOT. SUMMARY OF COMPLAINT: This action is a lemon law/breach of implied warranty of merchantability case arising from the sale of a vehicle. Plaintiff alleges that he purchased a 2016 Nissan Pathfinder from Defendant Safeway Auto Center, Inc. which was represented to be in good condition and never involved in an accident. Four days after Plaintiff purchased the vehicle, it died in the middle of an intersection and Plaintiff le...

Excerpt: ...on for breach of written agreement and breach of the implied covenant of good faith and fair dealing. Plaintiffs alleged they entered into confidential settlement agreement with Defendant on or about December 1, 2017, for termination of the prior franchise agreement for the children's gym. (Complaint ¶6; Exhibit A.) Plaintiffs alleged Defendant breached the agreement and the implied covenant of good faith and fair dealing by refusing to perform ...

Excerpt: ...OF ACTION IN THE CROSS-COMPLAINT WITH 20 DAYS' LEAVE TO AMEND. ANALYSIS: On March 18, 2019, Plaintiff MS Trading Services, Inc. (“Plaintiff”) filed the instant action for breach of oral contract and common counts against Defendant Mark Thornton (“Defendant”). Defendant filed a Cross-Complaint for breach of covenant of good faith and fair dealing, fraud, defamation, interference with prospective economic advantage and unfair business pract...

Excerpt: ...�Defendant”) and Arore B. Wagoner (“Arore”) on August 25, 2017. Arore was dismissed by Plaintiff on September 27, 2017. Trial in this matter was initially scheduled for February 22, 2019, and twice continued due to Defendant's non-appearance. When Defendant again failed to appear for trial, the court entered judgment in Plaintiff's favor on July 15, 2019. Plaintiff timely filed the instant motion for attorneys' fees on July 18, 2019. (See C...

Excerpt: ...which judgment was entered pursuant to the parties' stipulation on April 2, 2018. The Court takes judicial notice of the records of Akinyemi v. Wan, et al., LASC Case No. 17SMUD00919 (“the unlawful detainer action”). (Cal. Evid. Code, § 452, subd. (c).) On June 18, 2018, Cross-Defendant filed the instant action for breach of the settlement agreement. Cross-Complaint filed a cross-action on November 2, 2018. The Cross-Complaint alleges causes...

Excerpt: ...ndum of Costs as they are barred by its offer under Code of Civil Procedure section 998. The Court can also exercise its discretion to bar the recover of costs incurred prior to the 998 offer, which was not reasonable nor made in good faith. OPPOSITION: As the prevailing party, Defendant is entitled to costs as a matter of right. Plaintiff does not offer any valid reason the Court should exercise its discretion to tax the costs. The costs sought ...

Excerpt: ...st Defendants that Plaintiff informed its counsel that it had paid its insureds damages beyond the $21,569.91 originally pled in the Complaint. Therefore, the Complaint must be amended in the interests of justice and the action transferred to a court of unlimited jurisdiction. OPPOSITION: None filed as of November 5, 2019. ANALYSIS: On May 9, 2017, Plaintiff Trumbull Insurance Company (“Plaintiff”) filed the instant action for automobile subr...

Excerpt: ...ff”) brought this action for breach of contract and related claims against Defendants Dave Walter and Dave Walter Tile & Stone Installations (collectively, “Defendants”). In response, Defendants filed a Demurrer to and a Motion to Strike the Complaint on May 23, 2019. Plaintiff filed his Opposition Papers on June 27, and Defendants replied on July 9. At the initial hearing on July 16, the Court found that Defendants failed to meet and confe...

Excerpt: ...E REQUEST FO $7,500.00 IN DAMAGES AND ATTORNEY'S FEES. ANALYSIS: Plaintiff Albert Kamkar (“Plaintiff”) filed the instant action for breach of contract, open book account and fraudulent conveyance against Defendant Michael Rahimi (“Defendant”) on August 26, 2019. Defendant filed the instant Demurrer and Motion to Strike on October 11, 2019. Plaintiff filed his oppositions on October 28, 2019, but no proof of service is attached demonstrati...

Excerpt: ...On March 7, 2018, Defendant filed its answer. Thereafter, on July 30, 2019, Plaintiff filed the instant Motion to Reclassify (the “Motion”). II. Legal Standard “If a party files a motion for reclassification after the time for that party to amend that party's initial pleading or to respond to a complaint, cross-complaint, or other initial pleading, the court shall grant the motion and enter an order for reclassification only if both of the ...

Excerpt: ...Cross-Defendant Dedicato Treatment Center, Inc. (hereinafter referred to as “Cross-Defendant”) filed this action against Defendant Michael Anderson (“Defendant”) on September 12, 2019, arising from an insufficient check issued for Cross-Defendant's services rendered to Lina Pawlik. On July 1, 2019, Linda Pawlik filed a Cross-Complaint-in-Intervention, and then on September 17, 2019, filed a First Amended Cross-Complaint against Cross-Defe...

Excerpt: ...� 664.6 to enforce the settlement. ANALYSIS: Plaintiff Shot's America, LLC's Motion to Enforce the Settlement Agreement and Enter Judgment is GRANTED. I. Background On July 30, 2018, Plaintiff Shots America, LLC (“Plaintiff”) executed a Settlement Agreement with Timothy Jason Stuart Miller (“Defendant”), to resolve this conversion of company funds action. (Motion, Exh. A (Settlement Agreement).) Pursuant to the Settlement Agreement, Defen...

Excerpt: ...s the doctrine of alter ego to add the following as a defendant: Best Domestic Employment Services, LLC (“BDES”) and Eric Blunt (“Blunt”). (See Motion p. 2.) No opposition has been filed. ANALYSIS: Plaintiff Luke Woodward's Motion to Amend Judgment is DENIED. I. Background On July 18, 2011, a judgment was entered against Defendant Best Domestic Services, LLC (“Defendant”) and in favor of Plaintiff Luke Woodward (“Plaintiff”). On J...

Excerpt: ... medical providers and insurers. REPLY: Filed on November 4, 2019. Reiterates the demurrer. ANALYSIS: Background On February 8, 2018, Plaintiff Healthcare Ally Management of California, LLC (“Plaintiff”) filed the instant action against Defendant Blue Shield of California (“Defendant”) arising from an alleged failure to pay for agreed upon medical services provided to Defendant's members. Defendant filed the instant demurrer to the Compla...

Excerpt: ...filed this action against Defendant Joseph A. Knox (“Defendant”) for common counts and unjust enrichment. The court entered Defendant's default on November 22, 2010, and default judgment on November 29, 2010. On January 7, 2019, the court denied Plaintiff's ex parte application to vacate the judgment due to fraud. Plaintiff filed its first Motion to Vacate Default and Default Judgment (the “Motion”) on March 25, 2018. The motion was place...

Excerpt: ...omplaint, but the Court overruled it on October 22, 2018 and granted Defendant leave to file an answer within 20 days. Defendant, however, failed to file his answer within 20 days, so default was entered against him on November 27, 2018. Default judgment was subsequently entered against Defendant as well on August 8, 2019. Upon learning about the default and default judgment, Defendant filed the instant Motion to Vacate Default and Default Judgme...

Excerpt: ...Gonzales”) (“Gonzalez”) filed this breach-of-contract action against Defendant Leticia Vasquez dba Vasquez for Water Board 2016 (“Vasquez”). In response, Vasquez filed a Cross- Complaint against Gonzalez and other cross-defendants for breach of contract and fraud. After Gonzalez served his special interrogatories (“SROG”) on Vasquez, Vasquez responded on July 19, 2019. (Motion, Buccat Decl. ¶ 6.) Claiming that Vasquez's responses a...

Excerpt: ... On June 2, 2019, Petitioner filed the instant Petition to Confirm Arbitration Award (the “Petition”). To date, no response has been filed. I. Legal Standard Per CCP § 1285, “Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award. The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration awar...

Excerpt: ...er then improperly obtained default against Respondent on July 29. On September 24, 2019, the Court vacated the entry of default on its own motion on the grounds that entry of default as to a Petition to Compel Arbitration is not proper under Code of Civil Procedure section 585. The hearing on the Petition to Compel Contractual Arbitration now comes before the Court. II. Legal Standard “On petition of a party to an arbitration agreement allegin...

Excerpt: ..., Plaintiff filed a doe amendment naming Jesus Reyes (“Defendant”) and a First Amended Complaint. The First Amended Complaint alleges claims for (1) Personal Injuries; (2) Strict Liability [Civ. Code § 3342]; (3) Negligence; and (4) Negligent Infliction of Emotional Distress. On December 17, 2018, Plaintiff dismissed Pena. Defendant filed and served the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication, on July...

Excerpt: ...t”) on August 9, 2019. Defendant filed the instant Demurrer on September 12, 2019. To date, no opposition has been filed. I. Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demur...