Excerpt: ...ompel the production of documents responsive to the requests in their native digital format, which is “the form or forms in which it is ordinarily maintained" in accordance with this Court's 4/14/21 order and CCP 2031.280(d)(l ), imposing sanctions in the amount of $3,710.00 against NAI and its counsel of record, Andrew J. Kulick, sanctions against NAI and its counsel of record, Andrew J. Kulick, in the amount of $250 for failure to respond in ...

Excerpt: ...forth therein for: (1) Breach of Contract, (2) Fraud, (3) Fraud in the Inducement, (4) Breach of Fiduciary Duty, (5) Negligence, (6) Rescission, (7) Conversion, (8) Failing to Register Securities, (9) Failing to Obtain Licensing and (10) Securities Fraud in favor of Defendants RE/MAX Olson & Associates, Inc. and Tammy Delwarte. RULING: The motion is denied. Despite being warned to comply with the “TECHNICAL REQUIREMENTS” set forth in the 5/13...

Excerpt: ...with 20 days leave to amend. Although the reply was filed and served 2 days late, it was considered by the Court. CCP 1005(b); CRC 3.1300(d). However, Defendants are warned that the Court may exercise its discretion to refuse to consider future late filed papers. See CRC 3.1300(d). This action arises out of dispute over property located at 28212 Kelly Johnson Parkway, Units 215 and 225, Santa Clarita, California 91355 (Property). Defendant Witkin...

Excerpt: ....16. (See Motion p.8:17; Reply p.10:15-16). RULING: The motion is granted. This action arises out of a dispute regarding real property commonly known as 28212 Kelly Johnson Parkway #215 and #225 which are medical office suites. On 10/15/20, Plaintiff Mark A. Liker filed the underlying complaint in this action for Breach of Contract. On 10/20/20, Liker served a Lis Pendens on Defendants/Cross-Complainants Roshmore Development, Inc. and Cochran, In...

Excerpt: ...tion Code 2. Common Law Negligence 3. Negligent Supervision 4. Intentional Infliction of Emotional Distress 5. Negligent Infliction of Emotional Distress 6. Battery 7. Sexual Battery 8. Parental Liability for Tort of their Child Under CC 1714.1 RELIEF REQUESTED IN MOTION TO STRIKE: An order striking: (1) ¶23, p.6:18-22; (2) ¶24, p.6 (citation to Education Code 234, 234-1, 234-2, 234-3 and 234.5); and (3) ¶31, p.8:1-5. RULING: The demurrer is s...

Excerpt: ...isrepresentation.Deceit and/or Common Law Fraud 4. Negligent Infliction of Emotional Distress 5. Breach of Fiduciary Duty 6. Abuse of Process 7. Attorney Malpractice and Breach of Fiduciary Duty (not alleged against Moving Parties) 8. Breach of Contract 9. Quiet Title 10. Unjust Enrichment RELIEF REQUESTED: An order striking the entirety of ¶¶44, 53, 54, 77, 95 and 96 regarding punitive and exemplary damages in the Second Amended Complaint. Add...

Excerpt: ...t 1, Numbers 1-76, 83-90, 99-101 and 103- 105. Additionally, ICON requests sanctions in the amount of $4,935.00 against Rosenbaum and his counsel of record. RULING: The request to compel further responses is granted. Further responses are due within 20 days. The request for sanctions is denied. This action arises out of Defendant/Cross-Complainant Daniel Rosenbaum's (Rosenbaum) hiring of Plaintiff/Cross-Defendant Nutcracker, Inc. dba ICON Inc. an...

Excerpt: ... is denied. This action arises out of a residential real estate purchase transaction. Defendants Melvin James Burrell, Capital Executive Realty, Inc. and Regal Services Group were the broker and agent for the seller of the property. Plaintiff's counsel failed to appear at the 10/8/20 Case Management Conference. As a result, the Court set an Order to Show Cause as to why sanctions should not be imposed for Plaintiff's failure to appear for 1/14/21...

Excerpt: ...mmon Law Fraud 4. Negligent Infliction of Emotional Distress 5. Breach of Fiduciary Duty 6. Abuse of Process 7. Attorney Malpractice 8. Breach of Contract (not alleged against Medioni) 9. Quiet Title 10. Unjust Enrichment RELIEF REQUESTED: An order striking the 9 th and 10 th causes of action and the prayers for punitive damages, exemplary damages, injunctive relief, quiet title and accounting. (SAC ¶¶125-132 and Prayer ¶¶1, 5, 6, 7, 10, 11)....

Excerpt: ...OTION TO STRIKE: An order striking the following portions of the complaint: (1) “General Damages” at p.9:13, (2) “attorneys fees” at p.9:15 and (3) “For punitive and exemplary damages against Defendants for their despicable conduct” at p.9:17-18. RULING: The demurrer is overruled. The motion to strike is granted, without leave to amend, as to “General Damages” at p.9:13 and is otherwise denied. Answer is due within 20 days. Defend...

Excerpt: ... 2. Elder Abuse – Welfare & Institutions Code 15657, 15610.57 3. Wrongful Death *The notice of demurrer only addresses the 1 st and 2 nd causes of action. However, the points and authorities seem to challenge the entire Second Amended Complaint. RELIEF REQUESTED IN MOTION TO STRIKE: An order striking ¶54 and portions of the Prayer for Relief (¶¶1, 2, 3 and 5 of the Prayer). RULING: The demurrer is sustained with 20 days leave to amend as to ...

Excerpt: ...laint constitutes protected expression as defined by CCP 425.16 and (2) awarding Defendant her attorney's fees and costs as a prevailing party in the amount of $6,301.82. RULING: The hearing on the motion is denied. On 9/25/20, Plaintiffs Craven Moorehead and Black Wings Media, Inc. filed this action against Defendant Aria Lee alleging a single cause of action for defamation – libel per se. The Complaint alleges that Defendant published a video...

Excerpt: ... 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). Defendants John Thomas, LLC; John Refaat Habashy and Claudine George Thomas (“Defendants”) have failed to bookmark the exhibits attached to th...

Excerpt: ...ULING: The demurrer as to the 1 st, 2 nd and 4 th causes of action is sustained without leave to amend. The demurrer as to the 3 rd cause of action is sustained with 20 days leave to amend. This action arises out of a contract between Plaintiff/Cross-Defendant Helen Evans and Defendant/Cross-Defendant Cali One Services, Inc. for the installation of solar panels on Evans' real property located at 16745 Osborne Street, Northridge, California 91343....

Excerpt: ...NG: The motion is granted. This action arises out of Plaintiff David Alomasti's (Plaintiff) residency at Defendant Maclay Healthcare LLC dba Maclay Healthcare Center's (Defendant) facility between 5/25/17 and 6/24/17 for further rehabilitation and antibiotic treatment following Plaintiff's hospitalization at Mission Community Hospital. (SAC ¶¶9-10). Plaintiff alleges that Defendant's staff provided negligent care and treatment to him during his...

Excerpt: ...anted. The motion is denied. On October 27, 2008, pursuant to CCP 1710.25, Plaintiff Capitol Indemnity Corporation (Plaintiff) domesticated in California a Nevada judgment against Defendant Gary G. Topolewski (Topolewski) and Mark H. Topolewski. The judgment was entered in the Los Angeles Superior Court, Northwest Branch, Case #LS0l7941. On September 27, 2017, Plaintiff filed an application for and renewal of judgment and on October 16, 2017, the...

Excerpt: ... of the Ralph Act, CC 51.7 5. Violation of the Bane Act, CC 52.1 6. Negligent Infliction of Emotional Distress RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding punitive damages contained in the 1 st (¶25), 2 nd (¶31), 4 th (¶42) and 5 th (¶48) causes of action and the prayer (No.3) for punitive damages. RULING: The demurrer is sustained without leave to amend as to the 3 rd and 4 th causes of action and overruled ...

Excerpt: ...re 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). Defendants have failed to bookmark the declarations and exhibits attached thereto f...

Excerpt: ...ELIEF REQUESTED: An order granting judgment on the pleadings as to Plaintiffs' First Amended Complaint pursuant to CCP 438. RULING: The motion is 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 (GND...

Excerpt: ...On October 22, 2020, the parties represented to the court that the parties settled. Plaintiffs filed their memorandum of costs on May 21, 2021. RULING: Granted. Plaintiffs move for $35,609.81 in attorney fees. Plaintiffs move for fees pursuant to the Song- Beverly Consumer Warranty Act. (Civ. Code, § 1794, subd. (d).) Defendant in opposition contends that the requested fees are excessive, and not reasonably incurred. Defendant specifically chall...

Excerpt: ...Indemnity 2. Breach of Contract RULING: The motion is granted with 20 days leave to amend. 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, electrical, and plumbing design professional. On 5/29/20, NAI filed its co...

Excerpt: ...10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 27, 28 and 29. Additionally, Defendant requests an order imposing sanctions on Plaintiff and its counsel, Steven D. Cribb, Esq. and Andre J. LeLievre, Esq., in the amount of $3,015.80. Further, Defendant requests an order imposing issue, evidence and/or terminating sanctions against Plaintiff for its willful failure to comply with the Court's 9/28/20 and 2/17/21 orders directing Plaintiff to...

Excerpt: ... summary adjudication of its 1 st cause of action for Quiet Title, its 2 nd cause of action for Declaratory Relief, its 3 rd cause of action for Removal of Cloud on Title and its 4 th cause of action for Violation of the UCL (B&P 17200, et seq.). Additionally, Canyon View seeks an order granting summary judgment, or in the alternative for summary adjudication in favor of Canyon View on each of the eight causes of action in Lakeview Loan Servicing...

Excerpt: ...tion, installation, or modification of improvements on their property until they have first submitted revised plans and specifications in full compliance with the Association's Governing Documents, including the CC&Rs and Architectural Standards, and such plans have been approved; (2) Requiring Defendant to participate with their neighbors, the Grays, in the arbitration process required by CC&Rs Article XIII, Section 9, to resolve the ongoing dis...

Excerpt: ...Court's calendar and to extend the discovery cut-off and all procedural deadlines to correspond to the new trial date. RULING: The requests to continue the trial date and to extend the discovery cut-off and all procedural deadlines are denied. On 12/15/17, Plaintiff Cross Creek Village Homeowners Association (Association) filed this action (YC072542) against Defendant Alexander Cvetkovich (Cvetkovich). On 3/19/19, Cvetkovich filed an action again...