Excerpt: ...e hearing will be continued. These are two consolidated actions, the “Mirshojae Case” (LC015208) and the “Reghabi Case” (LC106904). In the Mirshojae Case, Hamid Reza Mirshojae (Hamid) sued Khosro Reghabi aka Ross K. Reghabi dba Southern California Law Group (Reghabi) for malpractice, intentional misrepresentation and breach of fiduciary duty. In the Reghabi Case, Reghabi sued Hamid and Ahang Zarin Kelk aka Ahang Mirshojae (Ahang) for alle...

Excerpt: ...remises 3. Nuisance 4. Breach of Quiet Enjoyment 5. Intentional Infliction of Emotional Distress RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions of the First Amended Complaint. Specifically, Defendants seek to strike: 1. Page 7, Paragraph 28, which states "Even when the infestation would not stop, Defendants refused neglected and would not disclose to plaintiffs the source of the dangerous conditions at the subject proper...

Excerpt: ...ement Agreement (“Settlement Agreement,” “Settlement,” or “Agreement”), attached as “EXHIBIT 2” to the Declaration of Douglas Han, including, and not limited to, the means of allocation and distribution of funds, and the allocations for penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”), Attorney Fee Award, Cost Award, Class Representative Enhancement Payment, and the Administration Costs;...

Excerpt: ...n 10/15/19 in case number LC106094 against Ahang and in favor of Reghabi. RULING: The motion is denied. These are two consolidated actions, the “Mirshojae Case” (LC015208) and the “Reghabi Case” (LC106904). In the Mirshojae Case, Hamid Reza Mirshojae (Hamid) sued Khosro Reghabi aka Ross K. Reghabi dba Southern California Law Group (Reghabi) for malpractice, intentional misrepresentation and breach of fiduciary duty. In the Reghabi Case, R...

Excerpt: ...es Liability RULING: The demurrer is sustained with 20 days leave to amend. This action arises out of Plaintiff's claim that while in his classroom, a teacher at San Fernando Middle School called her baby, inappropriately touched her hip and proceeded to move toward her vaginal area when she grabbed his arm, twisted it, and told him to stop. (FAC ¶15). The operative First Amended Complaint contains causes of action for: (1) Sexual Battery; (2) I...

Excerpt: ...ENT APPROVAL Original motion filed on 11/25/20. Amended motion filed on 3/4/21. MOVING PARTY: Plaintiff Vigen Zadourian and Defendant Forrest Machining, Inc. RESPONDING PARTY: Proposed Intervenor Nejdeh Vartanian RELIEF REQUESTED: An order approving the Joint Stipulation Re: PAGA Settlement entered between Plaintiff and Defendant, pursuant to California Labor Code 2699(l)(2). RULING: The motion is denied. **** Intervenor's Requests for Judicial N...

Excerpt: ...tion 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 (¶22), 2 nd (¶27), 4 th (¶37) and 5 th (¶43) causes of action and the prayer (No.3) for punitive damages. RULING: The demurrer is sustained and the motion to strike is granted, both with 20 days leave to amend. Thi...

Excerpt: ... is a single-family dwelling located in Los Angeles County and is commonly known as: 5169 Medina Road, Woodland Hills, CA 91364-1912; legally described as: the Northwest 45 feet measured on the Southwest line of lot 1931, of Tract 6170, as per map recorded in Book 76, Pages 57 to 62, inclusive of Maps, in the office of the county recorder of the County of Los Angeles; Assessor's Parcel Number (APN): 2168-012-083. RULING: The request for an order ...

Excerpt: ...LING: The motion is granted. Plaintiff is ordered to provide a further verified response to Special Interrogatory number 5 in Set 1 within 15 days. This action arises out of the termination of Plaintiff's employment with Defendant Desert Pathology Medical Group, Inc., a subsidiary of Unilab Corporation dba Quest Diagnostics (Quest). Quest employed Plaintiff from 2005 to 10/30/18 as a general pathologist. (Compl. ¶¶11-13). Quest contends that Pl...

Excerpt: ...tions Defendant contends are irrelevant, false and improper and allegations regarding and the prayer for punitive damages in the complaint. Specifically, Defendant seeks to strike: ¶22, p.5:9-18; ¶58, p.10:15-16; p.11:11 of the prayer and any re-alleging and/or incorporation by reference of said allegations and/or paragraphs. RULING: The demurrer is overruled as to the 1 st, 2 nd and 3 rd causes of action and sustained with 20 days leave to ame...

Excerpt: ...he Bane Act, CC 52.1 6. Negligent Infliction of Emotional Distress RULING: The unopposed demurrer is sustained without leave to amend. This action arises out of an incident that occurred at a Trader Joe's store in Chatsworth, California. Plaintiff alleges that on 1/11/20, when he attempted to leave the store with his purchased groceries, an employee of Defendant Trader Joe's, Defendant/Moving Party Michael Milosevich, placed his body at the end o...

Excerpt: ...its unaccepted offer to compromise under CCP 998, and based on its reconveyance of the deed of trust recorded on 5/11/16, and its disclaimer of interest under CCP 761.030 filed in its answer, and for an award of attorneys' fees in the amount of $167,353.50 and for post-offer costs and expert witness fees in the amount of $3,041.50 against Plaintiff, and for such other and further relief as the Court deems just and proper. RULING: The motion is de...

Excerpt: ...ons against Defendant Monument Security, Inc. in the amount of $3,061.50. Alternatively, Plaintiff requests an order imposing evidentiary sanctions by deeming Requests for Admissions, Set 1, to be true. RULING: The request for terminating sanctions against Monument Security Inc. is granted. The answer filed by Monument Security Inc. on 7/23/19 is stricken and default judgment is entered against Monument Security, Inc. The request for monetary san...

Excerpt: ... RELIEF REQUESTED: An order granting summary judgment, or in the alternative summary adjudication, in favor of Defendant Pace Funding Group, LLC (PFG/Defendant) and against Plaintiffs Andrea Carillo, Olga Delatorre, Jorge Hernandez, Gladys Lopez, Walter Orellana, Francisco Marin, Mario Marin, Jose Peraza, Mercedes Rivera, Jose Rivera, Maria Tirado, Rene Quintanilla, Dora Zuniga and Silvia Rodriguez RULING: The motion is denied. This action arises...

Excerpt: ...7. Civil Code 1632 8. Negligent Infliction of Emotional Distress *The causes of action listed in the caption of the First Amended Complaint do not match those in the body of the First Amended Complaint. The causes of action listed above are as they appear in the body of the First Amended Complaint. RULING: The demurrer is sustained with leave to amend. A Second Amended Complaint is due to be filed and served on or before 4/30/21. Based on the 3/1...

Excerpt: ...le the cross- complaint, or an amended cross-complaint. RULING: The motion is granted as set forth below. Defendants World Tech Toys, Inc.; Kevork Kouyoumjian; Vicken Kouyoumjian and Jacques Kouyoumjian are ordered to file their Answer on 3/17/21 after the hearing. Cross-Complainants Kevork Kouyoumjian and World Tech Toys, Inc. are ordered to file their (First) Amended Cross-Complaint on 3/17/21 after the hearing. Defendants and Cross-Complainant...

Excerpt: ...ntation 8. Negligence 9. Breach of Contract 10. Breach of Fiduciary Duty 11. Breach of Contract 12. Equitable Indemnity 13. Contribution *The 8 th and 9 th causes of action are reversed in the caption of the First Amended Cross-Complaint. RULING: The demurrer to the 9 th cause of action is overruled. The demurrer to the 12 th and 13 th causes of action is sustained without leave to amend. Answer is due within 20 days. The parties are reminded to ...

Excerpt: ...ntiff as Document No. 20200292435 in the office of the Los Angeles County Recorder on 3/12/20 against the real property identified as: “Beacon at Hillcrest, Tract 50505, Mason & Sesnon Blvd., X-Str: Arroy (sic) Vista Way, Porter Ranch, CA (Los Angeles County);” and (2) Mechanics' Lien recorded by Plaintiff as Document No. 20200310113 in the office of the Los Angeles County Recorder on 3/17/20 against the real property identified as “Beacon ...

Excerpt: ...thorities. RULING: The motion is granted as set forth below. This action arises out of an incident that occurred on 11/30/17 in the parking lot of one of Defendant Orchard Supply Company LLC's (Orchard) retail stores. Plaintiff alleges that he was beaten by Defendant Monument Security Inc. Security Inc. (Monument) guards which Plaintiff alleges were hired and supervised by Orchard Supply Company LLC. The operative Fourth Amended Complaint contain...

Excerpt: ... nd cause of action for defamation (libel) and 3 rd cause of action for misappropriation of name/likeness (CC 3444) in the First Amended Cross-Complaint. Cross-Defendants/the Harts reserve their right to move for an award of attorney fees and costs pursuant to CCP 425.16(c). RULING: The motion is granted. PROCEDURAL HISTORY On 2/14/20, Musette Hart filed this action against Canyon Theatre Guild for: (1) Defamation; (2) Wrongful Termination in Vio...

Excerpt: ... construction to the exterior of his property and requiring Defendant to either obtain approval from Plaintiff for all exterior repairs/modifications to the outside of his property or to remove unauthorized improvements he made to the exterior of his unit. Additionally, Plaintiff seeks reimbursement of all attorney's fees and costs incurred in the preparation and appearance of this motion. RULING: The application/motion is denied. Plaintiff is a ...

Excerpt: ...ch of Covenant of Good Faith and Fair Dealing 3. Negligent Misrepresentation 4. Negligence 5. Promissory Fraud 6. Breach of Third-Party Beneficiary Contract 7. Negligence 8. Breach of Third-Party Beneficiary Contract 9. Breach of Express Warranty 10. Breach of Implies Warranties 11. Negligence The 4 th and 6 th – 11 th causes of action are not alleged against Castaic Village Center, LLC and Robert Stratton/Moving Parties. RELIEF REQUESTED IN MO...

Excerpt: ...E: ok RELIEF REQUESTED: An order striking certain allegations and the prayer for punitive damages contained in the Second Amended Complaint. Specifically, Food 4 Less seeks to strike ¶39, p.8:7-9; ¶47, p.9:17-19; ¶61, p.12:24-26; ¶67, p.14:25-27; ¶75, p.17:7-9; and Prayer for Relief ¶9, p.18:3. RULING: The motion is granted without leave to amend. Defendant Food 4 Less of California Inc. dba Food 4 Less (Food 4 Less) is reminded to review t...

Excerpt: ...rrer is to the entire First Amended Complaint: 1. Wrongful Death 2. Survivor's Action 3. Negligence 4. Negligent Infliction of Emotional Distress* *The 4 th cause of action is not listed in the caption of the Second Amended Complaint, but appears in the body. RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding and the prayer for punitive damages contained in the Second Amended Complaint. Specifically, Primestor seeks to ...

Excerpt: ...ees and Notice of Posting Jury Fees, and to order the case be tried to the Court on 6/21/21 as currently set without a jury. RULING: The hearing will be continued. Plaintiff's Request for Judicial Notice is granted. This action arises out of Defendant's alleged legal malpractice. Plaintiff sustained personal injuries due to a trip and fall incident that occurred on 12/7/12. Plaintiff alleges that Defendant, an attorney she hired, failed to file a...