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...

Excerpt: ...te of Harue J. Marsden, and derivatively on behalf of Marsden & Leung, a professional corporation; and Alissa Wald NOTICE: ok Demurrer is to the entire First Amended Complaint: DERIVATIVE CAUSES OF ACTION 1. Breach of Fiduciary Duty 2. Fraud and Deceit 3. Appointment of Receiver and/or Provisional Director 4. Abuse of Control 5. Corporate Mismanagement and Waste 6. Accounting 7. Declaratory Relief INDIVIDUAL CAUSES OF ACTION 1. Dissolution of Cor...

Excerpt: ...ained without leave to amend. The parties are, again, 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 (i.e., table of contents and exhibits bookmarked). Failure t...

Excerpt: ...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 (i.e, documents should be text searchable and properly bookmarked). Failure to comply with these requirements in the future may result in...

Excerpt: ...ant's Form Interrogatories, Set 1; Special Interrogatories, Set 1 and Requests for Identification and Production of Documents and Things, Set 1 as ordered by this Court on 9/28/20. 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 $5,035.50. Further, Defendant requests an order imposing issue, evidence and/or terminating sanctions against ...

Excerpt: ...ng Act 5. Discrimination in Violation of FEHA (Gov't Code 12900, et seq) & Unruh Civil Right Act (CC 51, 52.1) 6. RICO Conspiracy 7. Unfair Debt Collection Practice (Rosenthal FDCPA/FDCPA) 8. Fraud 9. Negligence 10. Public and Private Nuisance 11. Negligent Infliction of Emotional Distress 12. Injunctive Relief 13. Declaratory Relief 14. Malicious Prosecution 15. Accounting RULING: The demurrer is overruled as to the 6 th, 9 th, 10 th and 13 th c...

Excerpt: ...'s 1 st cause of action for Declaratory Relief, 2 nd cause of action for Quiet Title and 5 th cause of action for Cancellation of Instruments in Plaintiff's Complaint. Additionally, Cross-Defendants Lakeview Loan Servicing, LLC and M&T Bank seek summary adjudication of the 1 st cause of action for Quiet Title, 2 nd cause of action for Declaratory Relief and 3rd cause of action for Removal of Cloud on Title in Canyon View Limited dba Canyon View E...

Excerpt: ...stress. RULING: The motion is denied. This motion was originally scheduled for hearing on 1/19/21. Due to issues with service of the opposition and lack of reply, the hearing was continued to allow Plaintiff to file and serve a reply, if he chose to do so. (See 1/19/21 Minute Order; Notice of Ruling filed 1/19/21). No reply has been filed. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for...

Excerpt: ...on is denied. The settlement entered between Defendant/Cross-Complainant Gini Wong Rogers (Rogers) and Plaintiff Kasey Navarro is found to be in good faith pursuant to CCP 877.6. Pursuant to CCP 877.6(c), such determination bars any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence o...

Excerpt: ...k Village Homeowners Association (the Association) from acting on behalf of the Association without being elected by ballot, in compliance with the Association's Bylaws, and from billing Plaintiff $448.00 instead of $309.82 and taking any action to foreclose on (selling, attempting to sell, or causing to be sold) Plaintiff's home located at 8650 Gulana Avenue L-3173, Playa Del Rey, CA 90813 based on what Plaintiff claims is an incorrect assessmen...

Excerpt: ...ks an order: (1) compelling Plaintiff to amend his response to Demand 20 to confirm whether he has any records responsive to this request and to the extent he does, to produce them; (2) compelling Plaintiff to (a) supply a privilege log for any documents Plaintiff has withheld as privileged in response to Demands 1-9, 13-15, and 31-38, and/or (b) to the extent Plaintiff did not withhold any responsive documents as privileged, amend his written re...

Excerpt: ...eese, Inc. dba Toppers Pizza Place (collectively, Defendants) as to the following legal contentions and causes of action: (1) Defendants J & S Restaurants, Inc. and XCheese, Inc. are jointly and severally liable in regard to the claims asserted in Plaintiff's complaint; (2) Summary adjudication in favor of Plaintiff on Plaintiff's 5 th cause of action for Failure to Permit Inspection of Employee Records because Defendants failed to meet the deadl...

Excerpt: ...n the attraction experience, her body “shot forward, her eyes forced closed,” she hit her head, and then her body “shot backwards.” Plaintiff exited the attraction and “blacked out.” Plaintiff woke up to a medic asking a series of questions as to her condition. On October 11, 2017, Plaintiff filed a complaint for Premises Liability and Negligence. Magic Mountain, LLC answered on January 16, 2018. On December 3, 2019, Plaintiff substit...

Excerpt: ...al and Defendants Y&E Enterprises, LLC and Eliad Schwartz executing a settlement agreement over a dispute involving the trademark for a product identified as “Oro 24 Karat the Gold Standard of Skincare.” According to Plaintiff, Defendants agreed to stop using the word “Gold” or “Oro” in any trademark. Plaintiff alleges that following execution of the agreement, Defendants in fact utilized and registered a trademark with the word “go...

Excerpt: ...ruction, 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 ...

Excerpt: ...Property 3. Promissory Fraud 4. Promissory Estoppel 5. Quiet Title 6. Imposition of a Constructive Trust 7. Unjust Enrichment 8. Declaratory Relief RELIEF REQUESTED IN MOTION TO STRIKE: An order striking certain allegations in the complaint, regarding punitive damages and fraud and deceit. Specifically, Defendant seeks to strike ¶34, p.9:19-23; ¶55, p.14:10-12 and the Prayer for punitive and exemplary damages in relation to the Third Cause of A...

Excerpt: .... 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. Failure to comply with these requirements in the future may result in papers being rejected, matters being placed off calendar, matters being continued so documents can be resubmitted in compliance with these re...

Excerpt: ...diately turn over to Receiver rents in the amount of $93,221.67. RULING: The request for an order holding Defendant Ahang Mirshojae in contempt for failure to obey this Court's 10/14/20 Order Appointing Receiver Over Properties is denied. The request for an order requiring Defendant Ahang Mirshojae to immediately turn over to Receiver rents in the amount of $93,221.67 is denied. The parties are reminded to review the 5/3/19 First Amended General ...

Excerpt: ...gligent 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) RELIEF REQUESTED: An order striking the entirety of ¶¶55, 56, 79 and 88 in the First Amended Complaint. RULING: The demurrer is sustained with 30 days leave to amend. The motion to strike is placed off calendar as moot due to the ruling on the demurrer. The parties agr...