Excerpt: ...ract 3. Promissory Fraud 4. Fraud 5. Negligent Misrepresentation 6. Money Had and Received 7. Unjust Enrichment 8. Declaratory Relief RELIEF REQUESTED IN MOTION TO STRIKE: An order striking portions of the First Amended Complaint (¶63, p.13:18-23; Prayer, p.15:10-11; Prayer, p.15:19). RULING: The demurrer is sustained without leave. The motion to strike is placed off calendar. The parties are reminded to review the 5/3/19 First Amended General O...

Excerpt: ...mary judgment is granted. This action arises out of Defendant Lisa Dugum's (Defendant) default on a credit card agreement with Plaintiff American Express National Bank (Plaintiff). On 10/9/20, Plaintiff filed this action for common counts against Defendant. Plaintiff now moves for summary judgment, or in the alternative, summary adjudication, in its favor and against Defendant on Plaintiff's claims for open book account and account stated. Defend...

Excerpt: ...rdict and judgment found that Defendant Alexander Kwong Tomizo Hom was not negligent. Additionally, in the event the foregoing motions are granted, Plaintiff gives notice pursuant to CCP 659 of her intention to move for a new trial on the remaining issues of comparative negligence, causation and negligence. RULING: The motion(s) is/are denied. This action arose out of a four-vehicle rear-end collision. Plaintiff Kasey Navarro (Plaintiff) was a fr...

Excerpt: ...0. On that date, the Court placed the matter off calendar because there was no evidence that the petition or notice of the hearing date had been served on Respondent JTS Construction, Inc. and no response/opposition to the petition had been filed. (See 7/29/20 Minute Order). On 7/29/20, Petitioner Maloof Naman Builders filed a proof of service indicating that the Petition had been served on Respondent by mail on 7/29/20. On 8/19/21, Petitioner fi...

Excerpt: ...ions against Leser and his counsel, the law firm of Mahoney & Soll, and Richard Soll, jointly and severally, in the amount of $1,495.00. RULING: The request to compel responses is moot. The request for sanctions is denied. This action arises out of business dealings between Harue Marsden (Harue), now deceased, Plaintiff Alissa Wald (Wald) and Defendants Eric W. Leser (Leser) and Vicki Leung (Leung) who are all optometrists. Leser and Leung are ma...

Excerpt: ...eing warned multiple times to comply with the “TECHNICAL REQUIREMENTS” set forth in the 5/13/19 First Amended General Order Re Mandatory Electronic Filing for Civil, Plaintiffs' counsel has, again, failed to bookmark the declarations, exhibits and proof of service attached to the motion. (See 5/13/19 First Amended General Order, p.4:4-5); CRC 3.1110(f)(4); (7/31/20 Minute Order, p.1; 11/18/20 Minute Order, p.1; 8/3/21 Minute Order). In the fu...

Excerpt: ...-Complainant requests that the Court deny the motion as to the 2 nd cause of action for Fraudulent Transfer, the 3 rd cause of action for Declaratory Relief/Quiet Title and the 4 th cause of action for Fraud. RULING: As set forth below, on its own motion, the Court has reconsidered its 7/30/21 ruling on Cross- Defendants' Special Motion to Strike. This action arises out of a dispute regarding real property commonly known as 28212 Kelly Johnson Pa...

Excerpt: ...infliction 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 attemp...

Excerpt: ...e entire First Amended Complaint: 1. Quiet Title and Injunctive Relief 2. Declaratory and Injunctive Relief 3. Imposition of Constructive Trust and Injunctive Relief RELIEF REQUESTED: An order striking those causes of action and allegations brough by the plaintiff calling itself The Congregational Church of Chatsworth. RULING: The unopposed demurrer is sustained without leave to amend. The motion to strike is placed off calendar. Defendant The Co...

Excerpt: ...e “incapable of making any decision about his personal care, financial decisions, health care decisions, and so forth…” Scott Wolfe alleges that defendants Justin Wolfe and Hailey Ashley “coerced” Bruce Wolfe “to sign his entire Estate along with medical powers of attorney over to Defendant Justin Wolfe.” Justin Wolfe subsequently moved Bruce Wolfe into a care facility and admitted him to a hospital at one point as well, but it's no...

Excerpt: ... of the problems were never resolved. Defects included a broken front gate, missing carbon monoxide detectors, rodent infestation, and a “major roof leak,” which led to the development of mold and mildew. On November 21, 2019, Plaintiff filed a complaint for Breach of Implied Warranty of Habitability, Premises Liability, Negligence, Nuisance, Breach of Contract, Breach of Covenant of Good Faith and Fair Dealing, Breach of Covenant of Quiet En...

Excerpt: ...non at the time. The conversation involved “illegal sexual acts” allegedly conducted by Plaintiffs Mike and Paul Kobeissi, and Defendants Dan and Brad Kobeissi. Plaintiffs allege Hussein recorded the conversation without the knowledge and consent of Mike and Sandy, and later published/shared the content of the recording with various friends, family, acquaintances, members of the community, etc. beginning in 2018 and continuing within six mont...

Excerpt: ...r property located at 28212 Kelly Johnson Parkway, Units 215 and 225, Santa Clarita, California 91355 (Property). Title to the property is vested in Plaintiff Lucy Holdings, LLC (Plaintiff). Defendant Krupe Industries, Inc. (Krupe) and Defendant Witkin and Associates, LLC (Witkin), the foreclosure trustee, are attempting to foreclose on a deed of trust encumbering the Property. On 4/23/21, Plaintiff filed its original complaint in this action all...

Excerpt: ...gainst Leung and her counsel, the law firm of Mahoney & Soll, and Richard Soll, jointly and severally, in the amount of $1,495.00. RULING: The request for responses is granted as set forth below. Sanctions are denied. This action arises out of business dealings between Harue Marsden (Harue), now deceased, Plaintiff Alissa Wald (Wald) and Defendants Eric W. Leser (Leser) and Vicki Leung (Leung) who are all optometrists. Leser and Leung are married...

Excerpt: ...against Leser and his counsel, the law firm of Mahoney & Soll, and Richard Soll, jointly and severally, in the amount of $1,495.00. RULING: The request for responses is granted as set forth below. Sanctions are denied. This action arises out of business dealings between Harue Marsden (Harue), now deceased, Plaintiff Alissa Wald (Wald) and Defendants Eric W. Leser (Leser) and Vicki Leung (Leung) who are all optometrists. Leser and Leung are marrie...

Excerpt: ... District (District) and against Plaintiffs John Doe 2, John Doe 3 and John Doe 4. The alternative issues for adjudication are: ISSUE 1: Plaintiff's Third And Sixth Causes Of Action For Negligent Supervision And Retention Should Be Dismissed Because The District And Its Employees Had Neither Actual Nor Constructive Notice Of Haggerty's Propensity To Sexually Abuse Minors. ISSUE 2: The District Was Not Negligent Regarding Its Hiring Of Haggerty (T...

Excerpt: ...inst Plaintiff John Doe 1. The alternative issues for adjudication are: ISSUE 1: Plaintiff's Third And Sixth Causes Of Action For Negligent Supervision And Retention Should Be Dismissed Because The District And Its Employees Had Neither Actual Nor Constructive Notice Of Haggerty's Propensity To Sexually Abuse Minors. ISSUE 2: The District Was Not Negligent Regarding Its Hiring Of Haggerty (Third Cause of Action). ISSUE 3: The District Did Not Bre...

Excerpt: ...inst Moving Party) 2. Intentional Interference With Prospective Economic Relations 3. Fraud – Intentional Misrepresentation 4. Fraud – Negligent Misrepresentation 5. Negligence 6. Breach of Fiduciary Duty 7. Restitution RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding and the prayer for punitive damages and attorneys' fees (¶85 lines 14-17, ¶106 lines 21-22, ¶114 lines 20-21, ¶122 lines 21-22, Prayer ¶2, Pray...

Excerpt: ...ts; (2) finding Defendants and their attorney of record, Catalina Gracia, in contempt of Court for failing to comply with the 3/17/21 order pursuant to CCP 1209(a); (3) imposing sanctions in the amount of $7,500 against Defendants and their counsel of record, Catalina Gracia, ($1500 each) payable to the Court for failing to comply with the 3/17/21 order pursuant to CCP 1218(a), 177.5, 2023.030(g) and 2023.030(e); (4) imposing sanctions against De...

Excerpt: ...on of the complaint do not match those listed in the body of the complaint. The causes of action listed above are those which appear in the body of the complaint and in the order in which they appear. RULING: The demurrer is sustained with 20 days leave to amend. 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 REQ...

Excerpt: ...r Abuse – Welfare & Institutions Code 15657, 15610.57 3. Wrongful Death RELIEF REQUESTED IN MOTION TO STRIKE: An order striking Prayer for Relief ¶5: “For attorneys' fees.” RULING: The demurrer is overruled. The motion to strike is denied. Answer is due within 20 days. This action arises out of care and treatment provided by Defendant Pacifica Hospital of the Valley (Defendant) and others to decedent James Caouette, III (Decedent), Plainti...

Excerpt: ...urrer is sustained without leave to amend and the action is dismissed as against Defendant County of Los Angeles. This action arises out of the care and treatment Plaintiff Wali Wright received while a patient at Olive View-UCLA Medical Center on 3/10/18. Plaintiff filed this action on 5/16/19. The operative Third Amended Complaint, filed on 8/9/21, contains one cause of action for general negligence. Defendant County of Los Angeles (the County) ...

Excerpt: ...ratory Relief in Plaintiff's Second Amended Complaint. RULING: The motion is denied. 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 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...

Excerpt: ...ate, the Court placed the matter off calendar because there was no evidence that the petition or notice of the hearing date had been served on Respondent JTS Construction, Inc. and no response/opposition to the petition had been filed. (See 7/29/20 Minute Order). On 7/29/20, Petitioner Maloof Naman Builders filed a proof of service indicating that the Petition had been served on Respondent by mail on 7/29/20. On 8/19/21, Petitioner filed a Notice...

Excerpt: ... and Dependent Adult Civil Protection Act (Welfare & Institutions Code 15600, et seq.) 2. Negligence 3. Wrongful Death RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the following portions of Plaintiff's complaint: (1) Pg. 14, lines 24-25 at ¶ 40: “. . .individually and . . .”; (2) Pg. 14, line 25- Pg. 15, line 1 at Paragraph 40: “. . . as well as punitive damages in an amount to be determined according to proof. . . .”; (3) Pg....