Excerpt: ...f Harue J. Marsden, and derivatively on behalf of Marsden & Leung, a professional corporation; and Alissa Wald NOTICE: ok Demurrer is to the 2 nd derivative cause of action and to the 5 th, 6 th and 7 th individual causes of action: DERIVATIVE CAUSES OF ACTION 1. Breach of Fiduciary Duty 2. Fraud and Deceit 3. Corporate Mismanagement and Waste 4. Accounting 5. Declaratory Relief INDIVIDUAL CAUSES OF ACTION 1. Dissolution of Corporation 2. Equitab...

Excerpt: ...ta Susana Pass Road and Topanga Canyon Boulevard. At approximately 1:20 a.m., Plaintiff, who was traveling northbound on Topanga Canyon Boulevard, was hit head on by Defendant Eric Andrew Salinas, Jr. after he crossed over the center line. Plaintiff contends Salinas crossed the center line due to a dangerous condition maintained, owned and controlled by Defendant State of California, by and through the Department of Transportation and Defendant C...

Excerpt: ...ions against Mazen and his attorney, Chijoke Ikonte of Akudinobi & Ikonte, in the amount of $608.00; (2) An order compelling Defendant Mazen Hussein to provide verified responses, without objections, to Defendant William S. Union High School District's Special Interrogatories, Set 1. Additionally, the District requests sanctions against Mazen and his attorney, Chijoke Ikonte of Akudinobi & Ikonte, in the amount of $608.00; (3) An order compelling...

Excerpt: ...llectively, Cross-Defendants) and against Cross-Complainant Anthony Hamilton with regard to the following issues: (1) Hamilton's 8 th Cause of Action for Private Attorneys General Act (Labor Code §2699, et seq.) is barred by the applicable statute of limitations, CCP 340(a), as to Cross-Defendant Payless Water Heaters & Plumbing, Inc.; (2) Hamilton's 8 th Cause of Action for Private Attorneys General Act (Labor Code 2699, et seq.) is barred by t...

Excerpt: ...(CCRC) day care center from February 2016 to April 2016, Defendant Martina Castrellon abused him when she escorted him to the restroom. Martina Castrellon was a teacher's assistant at Child Care Resource Center, Inc.'s day care center. On 11/9/20, CCRC's motion for summary judgment was granted. In the instant motion to tax costs, Plaintiff indicated that the action was still pending against Defendant Castrellon. (See Motion, p.5:7-8). However, th...

Excerpt: ...ond to Plaintiff's three Requests for Production of Documents (Ex.A, B, C) until there is a ruling on Defendants' demurrer set for hearing on 2/16/21. RULING: The motion is denied. Plaintiff's 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...

Excerpt: ...ngelica J. Humphrey: 1. Medical Malpractice (CCP 377.30 and CCP 377.60) 2. Elder Abuse – Welfare & Institutions Code 15657, 15610.57 3. Wrongful Death 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 without leave to amend as to the 2 nd cause of action and overruled as to the 3 rd cause of action. The motion to strike is moot ...

Excerpt: ...ting RELIEF REQUESTED IN MOTION TO STRIKE: An order striking ¶3 of the Prayer regarding attorneys' fees as permitted by statute. RULING: The demurrer is sustained and the motion to strike is granted, both without leave to amend. This action arises out of Plaintiff's claim that he and Defendants entered an oral contract in November 2015 whereby Plaintiff's company would join with and form a branch of Defendants' construction company. (FAC ¶10). ...

Excerpt: ...r to list Moorehead's true name as a cross-defendant. RULING: 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 Electronic Filing for Civil (particularly, bookmarking declaratio...

Excerpt: ...ndant Ashley Jauregui. This action arises out of a dispute regarding the ownership of real property located at 15710 Larkspur Street, Sylmar, California. On 10/19/20, this Court granted Defendant Ashley Jauregui's motion to strike allegations regarding punitive damages and granted Plaintiff leave to amend with regard to such damage claim. On 11/9/20, Plaintiff filed his Second Amended Complaint. On 1/13/21, Defendant Ashley Jauregui (Defendant) f...

Excerpt: ... 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 on Twitter which falsely stated that Moorehead, an adult film director, attacked and sexually abused Plaintiff, an adult film actress, on two occasions in 2019. Plaintiffs further alleged that Defendant made similar d...

Excerpt: ...c. for a total value of $88,034.39 and $141,955.24. On April 12, 2019, Plaintiff, pro se, filed a complaint for Open Book Account and Services Rendered. On October 8, 2019, Plaintiff filed its first amended complaint for Open Book Account and Services Rendered. On October 10, 2019, a peremptory challenge was filed in Department 47. The parties also participated in non-binding arbitration. The award was rejected by Defendants. On January 28, 2020,...

Excerpt: ...lision. Plaintiff alleges she was acting as a volunteer and/or agent of Defendant American National Red Cross at the time of the collision, and therefore covered by insurance issued by Defendant Old Republic General Insurance, Inc. with claim adjustment service provided by Defendant Sedgwick Claims Services, Inc. Defendants denied the claim on grounds that no uninsured motorist policy coverage was issued to American National Red Cross. On Februar...

Excerpt: ...d a 2016 model year Honda Civic 1.5T vehicle. Plaintiff alleges the vehicle suffered from a number of defects in the interior, audio system, electrical, display, and connectivity, which defendants were unable to repair after numerous attempts. On October 22, 2019, Plaintiff filed a complaint for breach of express warranty – Song-Beverly Consumer Warranty Act, breach of implied warranty - Song-Beverly Consumer Warranty Act, and three other viola...

Excerpt: ...um. On December 21, 2017, SDI Industries, Inc. filed a cross-complaint for indemnity, contribution, declaratory relief and duty to defend against Intelligrated Sytems, LLC. On June 8, 2018, Nordstrom, Inc. filed a complaint-in-intervention against SDI Industries, Inc. and Intelligrated Sytems, LLC for recovery of paid Workers' Compensation benefits. On September 12, 2018, Plaintiffs substituted in Intelligrated Sytems, LLC for Doe 1. On November ...

Excerpt: ...harles Allen's (Plaintiff) claim that he was wrongfully terminated by Defendant Magic Mountain, LLC (Defendant). Plaintiff alleges that on or around 8/1/19, Defendant hired Plaintiff as a Park Services Attendant at Magic Mountain in Valencia, California. (Compl. ¶17). As a non-exempt employee, Plaintiff contends that he performed all his job duties satisfactorily, but Defendant wrongfully terminated him on or about 12/27/19. Id. Plaintiff allege...

Excerpt: ...MOTION TO STRIKE: An order striking various portions of the First Amended Complaint; each cause of action in the First Amended Complaint; the First Amended Complaint in its entirety as it relates to attorney's fees and costs and claims for punitive damages. RULING: The demurrer is overruled. The motion to strike is denied. Answer is due within 20 days. This action arises out of Plaintiffs' claim that Defendant breached several contracts between t...

Excerpt: ...sically personally appear before this Court and show cause why he should not pay monetary sanction in the amount of $4,610 for abusing the discovery process in this action. Additionally, Judgment Creditor Hamid Mirshojae requests an order compelling Reghabi to provide responses to the Requests for Production propounded by Mirshojae, and produce all documents sought by the Requests. RULING: The motion is granted as set forth below. Responses/furth...

Excerpt: ...and CRC 8.278(d)(2). RULING: The unopposed motion is granted. Defendants' Request for Judicial Notice (RJN) is granted. This action arose out of Defendants' legal representation of Christian Kepler in an employment lawsuit against DC Partners, Inc. (“DC”) of which Plaintiff was/is the President and CEO (the “Kepler Action”). In the Kepler Action, it was alleged, among other things, that DC had violated labor statutes in relation to Kepler...

Excerpt: ... requests an award of sanctions in the amount of $3,560.00 against Plaintiff and/or Plaintiff's counsel, Michael J. Libman, the Law Offices of Michael J. Libman, Gary Berkovich and/or the Law Offices of Gary Berkovich. RULING: The motion is granted as set forth below. Further responses are due and sanctions are payable within 20 days. This action arises out of Plaintiff's claim that she suffered injuries in two separate, unrelated incidents. Plai...

Excerpt: ...intiff's Complaint is denied. The alternative request to strike certain portions of Plaintiff's Complaint is also denied. Intervenor's Request for Judicial Notice (RJN) is granted. The declaration of Plaintiff's attorney, Narak Mirzaie, is not signed under penalty of perjury. See CCP 2015.5. Even if the declaration was properly executed, Intervenor's objections to portions thereof are valid. As such, Intervenor's evidentiary objections, numbers 1...

Excerpt: ...e 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 (particularly bookmarking). See also CRC 3.1110(f)(4). Failure to comply with these requirements in the future may result in papers being rejected, matters being placed off ...

Excerpt: ... th, 31 st and 32 nd affirmative defenses in Defendants Jeffrey Kentner and Greenwolf Builders' First Amended Answer to Plaintiff's Second Amended Complaint. The demurrer is otherwise overruled. This is an action by the owner of a condominium unit against the homeowners' association (HOA), the HOA's counsel, and others, including Defendants Jeffrey Kentner and Greenwolf Builders (collectively, Defendants). Greenwolf is a contractor hired by the H...

Excerpt: ... malpractice action arises prior to the trial of the legal malpractice claims. RULING: The motion is denied. 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 Filing fo...

Excerpt: ...s of the First Amended Complaint. Specifically, LAUSD seeks to strike portions of ¶12 (p.3:11) and ¶18 (p.4:8) which state “Gov. Code 815.2.” RULING: The demurrer is sustained with 20 days leave to amend. The unopposed motion to strike is granted without leave to amend. This action arises out of Plaintiff's claim that on 2/3/12, when Plaintiff was a 10-year old student at Germain Elementary School in Defendant Los Angeles Unified School Dis...