Excerpt: ...ys leave to amend. Defendants are, again, reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. See also CRC 3.1110(f)(4); (10/29/21 Minute Order). Defendants have, ag...

Excerpt: ...s 16, 17, 31, 32, 33, and 35. Additionally, Plaintiff Aldea Community Association requests sanctions against Defendant in the amount of $3,260.00. RULING: The motion is denied. Defendant's request for sanctions is granted. Sanctions payable within 30 days. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMEN...

Excerpt: ...r 1198.5(l), and pursuant to agreement between the parties under a settlement agreement entered into by Plaintiff and Defendants J & S Restaurants, Inc. and XCheese, Inc. (Defendants) on 10/20/21. Specifically, Plaintiff seeks: (1) $98,630.00 in attorneys' fees and (2) $1,831.43 in actual litigation costs. RULING: The motion is denied. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civ...

Excerpt: ...lling Defendant Hillview Mental Health Center, Inc. to provide further responses to Plaintiff Olga Dominguez's Special Interrogatories, Set 1, served on 3/5/21. RULING: The hearing will be continued. On 6/9/21, Plaintiff Olga Dominguez (Plaintiff) filed two motions to compel further responses from Defendant Hillview Mental Health Center, Inc. (Defendant). One motion sought to compel further responses to Special Interrogatories, Set 1 and the othe...

Excerpt: ... order striking the following portions of the Second Amended Complaint: (1) the 2 nd cause of action (¶¶38-102, pp.8-22); (2) the prayer for punitive damages (Prayer for Relief, p.22, no.3); and (3) the prayer for attorneys' fees (Prayer for Relief, p.22, no.4). RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off calendar. This action arises out of the medical care and treatment received by Plaintiff Pet...

Excerpt: ... HISTORY This action arises out of a loan agreement for the purchase of real property located at 17230 Osborne Street in Northridge, California (the Property). Plaintiff Matthew Sanders (Plaintiff) and Defendant Jessica Sanders are married and are currently engaged in dissolution proceedings (LASC Case No. 20CHFL00167). Defendant Jan K. Tweed, individually and as Trustee of the J.K. Tweed Revocable Trust (Tweed) is Jessica Sanders' mother. Tweed ...

Excerpt: ...not be held in contempt by this Court for their disregard of this Court's 8/6/21 order expunging Plaintiffs' lis pendens against real property located at 9556 Amboy Street, Pacoima, California 91331. RULING: The hearing will be continued. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are se...

Excerpt: ... RULING: The unopposed motion is granted. Defendants are awarded $50,897.50 in attorneys' fees against Plaintiff. SUMMARY OF ACTION This action arises out of Plaintiff's ownership of a unit within the common interest development of which Defendant Arroyo West Homeowners Association (Association) is the homeowners association. Defendant Joyce Antonich is a committee member of the association. Defendant Marcia Leigh Gaskill is a former member of th...

Excerpt: ...E: An order striking the following portions of the Second Amended Complaint: (1) the 2 nd cause of action (¶¶38-102, pp.8-22); (2) the prayer for punitive damages (Prayer for Relief, p.22, no.3); and (3) the prayer for attorneys' fees (Prayer for Relief, p.22, no.4). RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off calendar. This action arises out of the medical care and treatment received by Plaintif...

Excerpt: ... contempt. RULING: The motion is denied. FACTUAL & PROCEDURAL HISTORY This matter consists of two consolidated cases, LASC Case No. LC105208 (“Mirshojae Case”) and LASC Case No. LC106904 (“Reghabi Case”). At the trial of the consolidated cases, Hamid Mirshojae (“Mirshojae”) prevailed in both cases and obtained a $5,482,269.18 judgment against his former attorney, Khosro Reghabi, aka Ross K. Reghabi, dba Southern California Law Group (...

Excerpt: ...Medical Center to provide further responses to Special Interrogatories, Set 1, numbers 1, 2, 8, 16, 20, 22, 23, 24, 26, 27, 28, 30, 31, 32, 33, 35, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46 and 47. RULING: The motion is granted as to Special Interrogatories 1, 2, 8, 16 and 35 as set forth below. Further responses are due within 30 days. The motion is denied as to Special Interrogatories 20, 22-24, 26-28, 30-33 and 37-47. This action arises out of th...

Excerpt: ...enied to the people) 3. Violation of the 14 th Amendment (not deny to any person within its jurisdiction the equal protection of the law) RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the prayer for punitive damages (Complaint p.7 ¶e). RULING: The demurrer is sustained with 20 days leave to amend. The motion to strike is placed off calendar as moot. This action arises out of Plaintiff Raymond Kelley's (Plaintiff) claim that while an in...

Excerpt: ...fs (1 st and 3 rd causes of action). Alternatively, the District seeks summary adjudication of the 1st cause of action for Dangerous Condition of Public Property and the 3 rd cause of action for Tortious Act and/or Omission of Independent Contractor based on 6 issues (grounds). RULING: The motion is denied. This action arises from an incident that occurred on 6/13/16 at the Old Orchard Elementary School in Valencia, California which is within Def...

Excerpt: ...ss Medical Center to provide further responses to Requests for Admission, Set 1, numbers 4, 5, 14, 15, 21, 22, 23 and 24. RULING: The motion is granted, in part. Further responses to Requests for Admissions numbers 21, 22, 23 and 24 are due within 30 days. This action arises out of the care and treatment Plaintiff Abel Luna (Plaintiff) received at Defendant Providence Health System Southern California dba Providence Holy Cross Medical Center (Pro...

Excerpt: ...Jr. requests sanctions against Defendant in the amount of $1,800.00. RULING: The unopposed motion is granted. Further responses are due and sanctions are payable within 15 days. Plaintiff Ronald Kari Jr. (Plaintiff) is, again, reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. (See 3/14/22 Minute Order, p.2). When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which a...

Excerpt: ...srepresentation 4. Violation of Business & Professions Code 17500, et seq. 5. Breach of Implied Warranty of Good Faith RELIEF REQUESTED IN MOTION TO STRIKE: An order striking paragraphs 34 and 55 and paragraph 3 of the Prayer in the Cross-Complaint. RULING: The demurrer is sustained with 20 days leave to amend. The motion to strike is placed off calendar as moot. On 12/14/21, Plaintiff GGP Northridge Fashion Center, LP filed this action against D...

Excerpt: ...den to serve further answers to Special Interrogatories, Set 3, Nos 316-403. Additionally, Defendants request sanctions against Yuki Marsden and her attorney of record, Regis A. Guerin, jointly and severally, in the amount of $5,260.00. RULING: The motion is granted. Further responses are due within 30 days. Defendants' request for sanctions is granted against Plaintiff Yuki Marsden and her counsel of record, Regis A. Guerin, in the amount of $4,...

Excerpt: ...dant Ryan Hamlin is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. See also CRC 3.1110(f)(4). The table of contents for the motion and the declaration and exhib...

Excerpt: ...related to any work Plaintiff Daniel Jimenez performed at any of the Defendants while on work assignment from Chartwell Staffing. Plaintiff also reserves the right to request monetary sanctions against Defendant and its attorneys of record. RULING: The motion is granted, in part. The subpoena is modified as set forth below. Sanctions are imposed against Plaintiff in the amount of $1,200.00, payable within 30 days. This action arises out of Plaint...

Excerpt: ...r of Plaintiff and against Defendant on Plaintiff's sole cause of action for breach of contract against Defendant. RULING: The request for summary judgment is granted as set forth below. Plaintiff Sofi Lending Corp. as Attorney-In-Fact for Wilmington Trust, National Association as Trustee for Sofi Consumer Loan Program Grantor Trust 2019-1 (Plaintiff) is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for ...

Excerpt: ...endant, Dr. Moses Fallas performed operations three through five on September 4, 2018, September 28, 2021, and November 15, 2018. Plaintiff alleges both negligently scheduled operations on September 4 and 28, 2018, and the operations led to the development of total parenteral nutrition (TPN) dependency. Meanwhile, on September 21, 2018, Plaintiff alleges Dr. Fallas visited Plaintiff in her hospital room, removed staples from an incision, and proc...

Excerpt: ...tiff requests summary adjudication of each of the 21 affirmative defenses set forth in Defendant's verified Answer. RULING: The request for summary judgment is granted. FACTS This is a commercial unlawful detainer action which arises out of Plaintiff KB Salt Lake III, LLC's (“Plaintiff”) claim that Defendant Fitness International, LLC (“Defendant”) has failed to pay rent due from April 2020 to the present. Plaintiff owns property commonly...

Excerpt: ...EF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding and the prayers for punitive damages and attorneys' fees. RULING: The demurrer is overruled. The motion to strike is granted with 20 days leave to amend. BACKGROUND FACTS This action arises out of a dispute between adjoining landowners regarding the existence, use, maintenance, and control of two easements. Plaintiffs Kelly Condon and Caroline Condon (Plaintiffs) are the ow...

Excerpt: ...nally, Plaintiffs request sanctions against Defendant and/or her attorneys of record, Ford, Walker, Haggerty & Behar in the amount of $1,111.65. (2) An order deeming Plaintiffs' Requests for Admission, Set 3, Nos. 60-128, admitted by Defendant Lilian Yamileth Ramirez (Defendant). Additionally, Plaintiffs request sanctions against Defendant and/or her attorneys of record, Ford, Walker, Haggerty & Behar in the amount of $1,111.65. (3) An order deem...

Excerpt: ...nd Acknowledgment of Satisfaction of Judgment (Partial Satisfaction) entered on 9/3/21 and granting Defendant leave to file its proposed Answer and related Cross- Complaint. RULING: The motion is denied. FACTUAL SUMMARY & PROCEDURAL HISTORY This action arises out of a written contract between Plaintiff Aerotek, Inc. (Plaintiff) and Defendant JME, Inc. dba TMB (Defendant) whereby Plaintiff provided Defendant with temporary employment services. (Co...

Excerpt: ...e within 30 days. At the 9/1/21 Case Management Conference, this Court set a Mandatory Settlement Conference for 2/9/22 at 10:00 a.m. (See 9/1/21 Minute Order). On 12/14/21, this Court served counsel for the parties with “Notice & Order Re Mandatory Settlement Conference For Dept. F47 During COVID-19 Pandemic” (Notice & Order) which provides, in relevant part: YOU ARE HEREBY NOTIFIED/ORDERED: Dept. F47 does not conduct remote MSC's/settlement...

Excerpt: ...ranting Cross-Complainant leave to file a First Amended Cross- Complaint. RULING: The motion is denied. Defendant/Cross-Complainant All Ways Transportation, Inc.; Allways Transportation, Inc. dba United Transportation Moving and Storage; Universal Moving & Storage, Inc. (All Ways) is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICA...

Excerpt: ...An order for monetary sanctions in the amount of $9,077.50 against non-party Crystal Smart Lyons for termination and refusal to comply and continue with the deposition subpoena for testimony and subpoenaed documents. RULING: The request for monetary sanctions is granted as set forth below. Sanctions are payable within 30 days. This is a real estate disclosure case. Plaintiff Andrew Dow (Plaintiff) is the purchaser and defendants are the real esta...

Excerpt: ...led. RULING: The motion is denied. This motion was originally scheduled for hearing on 11/8/21. On that date, the Court's tentative ruling was to place the matter off calendar due to the pending appeal and procedural defects in the motion. While the appeal has since been dismissed, Plaintiffs have still failed to cure the procedural defects in the motion as set forth in the Court's 11/8/21 Minute Order. (See 11/8/21 Minute Order, p.2). As previou...

Excerpt: ... Creek Village Homeowners Association (Defendant) and one of its members, Plaintiff Alexander Cvetkovich (Plaintiff). On 3/19/19, Plaintiff filed this action against Defendant which includes various causes of action including breach of governing documents and breach of contract. On 1/10/22, Plaintiff filed the instant motion seeking an order compelling Defendant to engage in arbitration (ADR) which Plaintiff contends is mandatory under Defendant'...

Excerpt: ...odriguez NOTICE: ok RELIEF REQUESTED: An order bifurcating trial into liability and damages phases, precluding the presentation of damages evidence in the liability phase. RULING: The motion is granted as set forth below. This action arises out of Plaintiffs' claims that they are the victims of fraudulent loans and corresponding property tax assessments for energy upgrades which have been recorded against their homes. Plaintiffs claim that they b...

Excerpt: ...CE: ok Demurrer is to the entire complaint: 1. Elder Abuse and Neglect (Welfare & Institutions Code 15600, et seq.) 2. Violation of Patient Rights (Health & Safety Code 1430(b) 3. Negligence 4. Wrongful Death RELIEF REQUESTED IN MOTION TO STRIKE: An order striking portions of Plaintiffs' complaint, including claims for attorney's fees and punitive damages. Additionally, if the Court does not sustain the demurrer on the grounds that Plaintiffs' co...

Excerpt: ...claim for punitive damages on various different grounds. RULING: The request for summary judgment is granted. This action arises out of Defendant Trader Joe's (Defendant) decision not to hire Plaintiff Jammal Yarbrough (Plaintiff) as a Crew Member in 2016 at one of its stores in Valencia, California. (Compl. ¶¶7, 11). During his second interview with store Captain Matt Judd and Mate Greg Sieple, Plaintiff was asked what neighborhood he grew up ...

Excerpt: ..., Plaintiffs request sanctions against Defendant and his counsel of record, Fitzgerald Yap Kreditor LLP and Robert Millard Yoakum in the amount of $2,852.50. Plaintiffs also seek monetary sanctions in the amount of $250.00 under CCP 2023.050(a)(1). Additionally, Plaintiffs seek issue sanctions establishing that Mr. Meadows' business address is his home address and that he operates his business out of his home (Form Interrogatory 2.6). Further, Pl...

Excerpt: ...tion for Breach of CC&Rs and Rules. RULING: The motion is denied. This action arises out of a dispute between Plaintiff Cross Creek Village Homeowners Association (Plaintiff) and one of its members, Defendant Alexander Cvetkovich (Defendant). On 12/15/17, Plaintiff filed this action against Defendant for: (1) Breach of Contract, (2) Breach of CC&Rs and Rules, (3) Nuisance and (4) Fraud. The basis for Plaintiff's 2 nd cause of action for Breach of...

Excerpt: ...ether a disability insurance policy purchased by Plaintiff/Cross-Defendant Hamidrez Ghasemi (Plaintiff) from Defendant/Cross-Complainant Bankers Life and Casualty Company (Bankers Life) provided benefits for five years or up until Plaintiff reached the age of 65. Although Plaintiff executed a form changing the benefit period to five years from “to age 65” as requested in his application, Plaintiff contends that Defendant Mohsen Babaeian (Baba...

Excerpt: ...of Documents and Things, Set 1, Requests 2, 4 and 5, served on Extensions Plus on 9/17/21. Additionally, Plaintiffs request sanctions against Extensions Plus and its counsel, Julia A. Goldberg, in the amount of $1,761.65. RULING: The motion is granted, in part, and denied, in part, as set forth below. Further responses are due within 30 days. Sanctions are denied. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandat...

Excerpt: ... amend. This action arises out of a loan Plaintiffs Anibal Armando Parada and Ramona Lazarit (Plaintiffs) received which is secured by real property (Plaintiffs' home/residence) and which is currently being serviced by Defendant Shellpoint Mortgage Servicing (Defendant). Plaintiffs allege that on or around 5/10/04, they entered into a loan agreement with America's Wholesale Lender (the "Loan") in the amount of $379,000.00 secured by the property ...

Excerpt: ...drez Ghasemi (Plaintiff) from Defendant/Cross-Complainant Bankers Life and Casualty Company (Bankers Life) provided benefits for five years or up until Plaintiff reached the age of 65. Although Plaintiff executed a form changing the benefit period to five years from “to age 65” as requested in his application, Plaintiff contends that Defendant Mohsen Babaeian (Babaeian), a Bankers Life insurance agent, acted as his interpreter and misrepresen...

Excerpt: ...inklers in their front yard and backyard for longer than six minutes a day, to prevent the flooding of the Plaintiffs Alex Alvarado and Patricia Alvarado's home. RULING: The Court finds Defendants to be in contempt. This action arises out of disputes between neighbors. Plaintiffs Alex Alvarado and Patricia Alvarado and Defendants Michael Meadows and Althea Meadows (Defendants) own neighboring properties in a common interest development managed by...

Excerpt: ...laint: 1. Recovery of Real Property 2. Negligence 3. Quiet Title 4. Declaratory Relief RELIEF REQUESTED IN MOTION TO STRIKE: An order striking certain portions of the complaint. RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off calendar. TECHNICAL DEFECTS The parties are, again, reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, pa...

Excerpt: ...cuments which were served on 7/6/21. Additionally, Plaintiff requests sanctions against 007 and its counsel, Jilbert Tahamazian, in the amount of $3,999.60. MOTION TO ENFORCE SETTLEMENT AGREEMENT Motion filed on 12/8/21. MOVING PARTY: Plaintiff Wells Fargo Bank, N.A. RESPONDING PARTY: Defendant 007 Collision Center, Inc. NOTICE: ok RELIEF REQUESTED: An order enforcing the Settlement Agreement between Plaintiff Wells Fargo and Defendant 007 Collis...

Excerpt: ...ESTED: An order imposing issue, evidentiary, and monetary sanctions against PFG. RULING: The motion is denied. PFG's request for sanctions is also denied. This action arises out of Plaintiffs' claims that they are the victims of fraudulent loans and corresponding property tax assessments for energy upgrades which have been recorded against their homes. Plaintiffs claim that they believed that they were hiring a contractor, Green Nation Direct (GN...

Excerpt: ...n. RULING: The motion is granted. Defendants are ordered to separately file their Answer, which is attached to the motion, today, 2/17/22. This is a residential unlawful detainer action filed on 7/29/21. On 10/6/21, Plaintiff Monica C. Sarmiento (Plaintiff) filed proofs of service indicating that both Defendant Ivan Celestino Martinez and Defendant Laura Patricia Pineda (collectively, Defendants) were personally served with the Summons and Compla...

Excerpt: ...lawful detainer action filed by Plaintiff Graphic Research, Inc. (Plaintiff) against Defendant Circuit Services, LLC dba Career Technologies (Defendant). Defendant demurred to the complaint on the ground that Plaintiff lacks standing to bring the action because title to the property is held by Proposed Intervenor Graphic Research, LLC. The demurrer was overruled. (See 11/15/21 Minute Order). In the 11/15/21 Minute Order, the Court noted that on 1...

Excerpt: ...Requests 16, 19, 20, 21, 33 and 56 and produce all responsive documents corresponding thereto. RULING: The motion is granted as set forth below. Further responses are due within 30 days. This action arises out of Moving Party/Plaintiffs Amanda Dietz and John Francis Dietz's claim that their 2018 Honda Odyssey, which was manufactured and distributed by Responding Party/Defendant American Honda Motor Co., Inc., suffers from electrical system defect...

Excerpt: ... and its attorneys of record in the amount of $4,185.00. RULING: The motion is granted, in part, as set forth below. Plaintiff is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic F...

Excerpt: ...tion of emotional distress against Defendant Ashley Tucker, his former wife, for allegedly telling their son, who was over the age of 18 at the time, that if he told Plaintiff that he moved to Florida before 12/15/20, Defendant would not pay for their son's college expenses and telling their son that if he continued to communicate with Plaintiff she would no longer pay for his college expenses. Plaintiff also made vague references to attempts to ...

Excerpt: ...F REQUESTED: An order reopening discovery in this matter. Specifically, Plaintiffs request that discovery be reopened so that: (1) the Court may consider Plaintiffs' concurrently filed motion for sanctions due to PFG's alleged violation of the Court's discovery order; (2) the Court can rule on a motion for request for admissions to be deemed admitted; and (3) Plaintiffs' can conduct two depositions of PFG witnesses (Frazier and Schmidt) witnesses...

Excerpt: ...nient forum and improper service. RULING: The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action relates to a promissory note secured by a deed of trust on Paul and Maria Turley's (the Turleys) property. In 2011, a Deed of Trust in favor of Habib Kassir (Kassir) which references a promissory note for $250,000 was recorded against the Turleys' property. (Turleys' Cross-Complaint ¶¶4-5). The Turleys allege that they did not rece...