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: ...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: ...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: ...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...

Excerpt: ...Misrepresentation 4. Breach of Oral Contract 5. Breach of Written Contract 6. Promissory Estoppel RELIEF REQUESTED IN MOTION TO STRIKE: An order striking ¶4 of the Prayer for punitive damages in relation to the 3 rd cause of action. RULING: The demurrer to the 2 nd, 4 th, 5 th and 6 th causes of action is overruled. The demurrer to the 3rd cause of action is sustained without leave to amend. The motion to strike is placed off calendar as moot. A...

Excerpt: ...aintiff's therapist. RULING: The motion is denied, in part, and granted, in part, as set forth below. This action arises out of Plaintiff's claim that Defendant terminated her employment in retaliation for Plaintiff making a complaint to the Federal Trade Commission. Plaintiff alleges that as a result of Defendant's conduct, she “has suffered damages including, but not limited to, loss of salary, commissions, and benefits... .” (Complaint ¶2...

Excerpt: ...ross-Defendant Azniv Michelle Malkhasyan (Malkhasyan) on Malkhasyan's Third Amended Complaint and CSE's Cross- Complaint. Alternatively, CSE requests summary adjudication of: (1) CSE's 1 st cause of action in its Cross-Complaint for Breach of Contract; (2) CSE's 2 nd cause of action in its Cross-Complaint for Declaratory Relief; (3) CSE's 35 th affirmative defense which states Plaintiff's claims are barred because there is no coverage under the P...

Excerpt: ... further removal, construction, 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, ...

Excerpt: .../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 (specifically, bookmarking declarations and exhibits). See also CRC 3.1110(f)(4). Failure to comply with these requirements in the future ma...

Excerpt: ...was “virtually identical” to a prior action filed by Plaintiff, when the Court granted Defendants' Motions to Set Aside/Vacate Default, in addition to ordering responsive pleadings were to be filed within 30 days, it ordered that a Notice of Related Case was also to be filed within 30 days. Specifically, the Court stated: Responsive pleadings and Notice of Related Case are to be filed within 30 days. In addition to filing the Notice of Relate...

Excerpt: ...atedly and inappropriately rubbing” plaintiff's arms and legs, next proceeded to grab Plaintiff's penis and testicles without “medical justification.” Dr. Castillo then began to digitally penetrate Plaintiff's anus. During the course of this conduct, Dr. Castillo allegedly rubbed his own genitals on Plaintiff's body for purposes of sexual gratification. Notwithstanding the end of the conduct in the examination room, Dr. Castillo then remove...