Excerpt: ... Maclay Healthcare, LLC dba Maclay Healthcare Center's (Defendant) motion for summary judgment. (See 7/12/21 Minute Order). On 7/13/21, this Court signed an order granting Defendant's summary judgment. On 7/21/21, Defendant filed and served a Notice of Entry of Judgment. On 8/16/21, this Court entered judgment in favor Defendant and against Plaintiff. On 7/23/21, Plaintiff filed and served the instant Motion for Reconsideration seeking an order r...

Excerpt: ...d. This action arises out of Plaintiff's claim that Defendant Newhere, Inc. (Defendant) breached a written commission agreement between the parties and acted fraudulently with regard to the agreement. On 5/3/21, Plaintiff filed this action for: (1) Breach of Contract and (2) Fraud. Defendant now demurs to the entire complaint. The elements of a breach of contract cause of action are: (1) the contract, (2) plaintiff's performance or excuse for non...

Excerpt: ... to stay execution, recall and quash writ of possession. RULING: The motion is denied. This is an unlawful detainer action for property located at 25883 Tulip Grove St., Stevenson Ranch, California 91381. On 7/7/21, Plaintiffs and Defendants executed an Unlawful Detainer Stipulation and Judgment (Stipulation and Judgment) which was signed by the Court on 8/5/21. Pursuant to the Stipulation and Judgment, Defendants agreed to vacate the property no...

Excerpt: ...s plans during the pendency of this action. RULING: The application for preliminary injunction 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 fo...

Excerpt: ...er 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 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). Cross-Complainant has fai...

Excerpt: ...st Defendant, 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 not longer pay for his college expenses. Plaintiff also makes vague references to attempts to see his son in the past, an assault on Plain...

Excerpt: ...al 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). Plaintiff David Trejo (Plaintiff) has failed to bookmark the declaration and exhibits attached to the opposition. Failure to comply wit...

Excerpt: ..., access to her i-Cloud and/or other electronic backup storage, and her social media accounts (Instagram and Snapchat) for forensic examination and extraction/download by third party forensic examiner Archer Hall - to Defendant's Requests for Production (Set Two), Request Nos. 71-76, 78-98, 105, 134-135, & 164-165. Regarding electronic data extraction and social media account download, the District seeks such examination and extraction limited to...

Excerpt: ...Inc.'s (IPlayco) Requests for Production of Documents, Set 1, Numbers 33-35, 46 and 48 and production of documents pursuant thereto within 10 days. Additionally, IPlayco requests an order compelling Plaintiff and his attorneys of record to pay sanctions to IPlayco in the amount of $800.00 within 10 days of the hearing on this motion. RULING: The request to compel further responses and production as to Requests 33, 34, 35 and 48 is granted. Furthe...

Excerpt: ...aim that on 2/3/12, when Plaintiff was a 10-year old student at Germain Elementary School in Defendant Los Angeles Unified School District (LAUSD), Plaintiff was sexually battered by Defendant Paul Adame (Adame), a buildings and grounds worker employed by LAUSD, during school hours. The operative Second Amended Complaint contains causes of action for: (1) Sexual Battery, (2) Intentional Infliction of Emotional Distress and (3) Negligence. On 4/21...

Excerpt: ...he causes of action in the First Amended Cross-Complaint. RULING: The demurrer is overruled and the motion to strike is denied. Answer is due within 20 days. This action arises from a business relationship between Plaintiff/Cross-Defendant Nakhla & Associates, Inc. (NAI) and Defendant/Cross-Complainant Fiedler Group (Fiedler). NAI and Fiedler are engineering firms. Fiedler retained NAI on certain projects to serve as Fiedler's mechanical, electri...

Excerpt: ...claratory Relief 3. Slander of Title RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the following portions of the complaint: (1) p.9:5-6 “For costs of suit herein incurred including attorney's fees against all Defendants” and (2) p.9:17-18 “For punitive and exemplary damages against Defendants for their despicable conduct.” RULING: The demurrer is overruled and the motion to strike is denied. Answer is due within 20 days. The par...

Excerpt: ...es (Penal Code 11164‐11174.3) 3. Negligence 4. Intentional Infliction of Emotional Distress 5. Assault and Battery RULING: The demurrer is sustained with 20 days leave to amend as set forth below. This action arises out of Plaintiff's claim that while he was a student at San Fernando Senior High School he was violently touched by Defendant Armando Gomez (Gomez), an employee of Defendant Los Angeles Unified School District (LAUSD), on multiple o...

Excerpt: ... corporation (Leung Corp) and Eric W. Leser O.D., a professional corporation (Leser Corp). RULING: The motion is granted. Plaintiffs 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 Elect...

Excerpt: ...ka Khosro Reghabi (Reghabi) to appear in person before the Court, pursuant to CRC 3.670(f)(2), to show cause why the Court should not sanction Reghabi in the amount of $8,415.00 under CCP 177.5, 2023.030(a), 2023.050(a) and 2031.310(i) and why it should not order Reghabi to provide written notice of sanctions to the State Bar; (2) An order requiring Reghabi to provide further responses to Mirshojae's Requests for Production, without objections, a...

Excerpt: ...s a collections action on a personal loan account. On or around 5/22/18, Defendant Martin Adiwibowo (Defendant) applied for and received a loan in the amount of $61,669.43 from Plaintiff SoFi Lending Corp. (Plaintiff). (Separate Statement (SS) 1). As part of the loan process, Defendant executed a loan agreement. (SS 2). The loan agreement set forth all of the terms and conditions for the loan, including Defendant's promise to make regular monthly...

Excerpt: ...ff alleges the vehicle suffered from a number of defects in the brakes and transmission, which defendants were unable to repair after numerous attempts. Plaintiff requested a new vehicle or repurchase. On October 10, 2018, Plaintiff filed a complaint for breach of express warranty – Song-Beverly Consumer Warranty Act, breach of implied warranty - Song-Beverly Consumer Warranty Act, and violation of Civil Code section 1793.2. Defendant answered ...

Excerpt: ...ned by Defendant Defendant, San Francisco Townhouse Association (HOA). On an unspecified date prior to January 10, 2019, Defendant HOA hired Defendant Imperial Roofing, Inc. to conduct certain unspecified repairs on the roofs of the Plaintiffs' townhomes. On January 10, 2019, a roofer allegedly started a fire on the roof while conducting repairs, which led to the arrival of the fire department. The subsequent efforts of the fire department led to...

Excerpt: ... demurrer is overruled. Answer is due within 20 days. This action arises out of the alleged financial elder abuse of Plaintiff Christine Lee who at all relevant times was over the age of 65. (Compl. ¶2). On 10/23/17, Defendant TLC Home Care Services (TLC) agreed to provide home care services for Wallace Lee, Plaintiff's husband. (Compl. ¶10). TLC assigned its employees, Defendants Gerry Cruz and John Paul Angeles, to provide the home care servi...

Excerpt: ... request Court approval of the PAGA portion of Plaintiff's Complaint as to Plaintiff individually, as the sole aggrieved employee, and further request that the Court dismiss the remainder of the PAGA claim as to other alleged aggrieved employees, without prejudice. RULING: The unopposed motion is granted. Plaintiff Vigen Zadourian (Plaintiff) was employed by Defendant Forrest Machining, Inc. (Defendant) from 2019 until April of 2020. On 4/30/20, ...

Excerpt: ... (west and east) easements on Dormer Road, Agua Dulce, CA 91390; (2) from permitting water, soil, debris, etc. to being diverted from the natural water course on Defendants' property to overflow and seep onto Plaintiffs' property; (3) from allowing railroad ties, tree trunks, rocks, dirt, mulch, steel stakes, No Trespassing signs, debris, etc. from being deposited on and blocking Plaintiffs' use of the easement on the Defendants' property; and (4...

Excerpt: ...a protected activity, i.e., an act in furtherance of a person's right of free speech in connection with a public issue. (See Code of Civil Procedure § 425.16(b)(1).) Second, if such a showing is made, the Court determines whether the opposing party has demonstrated a probability of prevailing on the claim. The opposing party demonstrates this by showing the challenged pleading is legally sufficient and supported by a sufficient prima facie showi...

Excerpt: ...s a safe location relative to the surrounding areas", to whom CW and/or Cunningham made that representation, and how (whether orally or in writing.) Second, Herban must allege facts demonstrating why any reliance on that purported misrepresentation was justifiable, in light of the express language in its lease that (1) Herban was relying solely on its own investigation as to the nature, quality, and character of the Premises and CW "had no respon...

Excerpt: ...ducts Liability (not alleged against Moving Parties) 5. General Negligence (not alleged against Moving Parties) 6. General Negligence – Loss of Consortium RELIEF REQUESTED IN MOTION TO STRIKE: An order striking certain portions of the First Amended Complaint: (1) Prayer No.7, p.35:11-12, “For Punitive and exemplary damages, except as to the POOL MAINTENANCE DEFENDANTS”; (2) The entire Third Cause of Action for “Gross Negligence and/or Rec...

Excerpt: ...t”) for a gross settlement amount of $1,000,000.00 on the grounds that the Settlement Agreement is fair, adequate and reasonable; (2) Approving an Attorney Fee Award in the amount of $350,000 to Justice Law Corporation (“Class Counsel”) for 546.1 hours of attorney time spent working on the case from pre-filing investigation to the final fairness hearing; (3) Approving a Cost Award in the amount of $11,229.74 to Class Counsel for actual liti...