Excerpt: ...s and Things served on non-party Mercedes-Benz USA, LLC. RULING: The motion is granted. FACTUAL SUMMARY & PROCEDURAL HISTORY This action arises out of Plaintiff Anthony Joseph Lazzara, Jr.'s (Plaintiff) employment and termination thereof with Defendant Second Motor Group, LLC (SMG). Plaintiff contends that Defendant Trophy Automotive Dealer Group, LLC (Trophy) is the sole member of SMG and 100% owner of the company. Plaintiff alleges that he firs...

Excerpt: ...against Respondent's attorneys of record, D. Hess Panah, Vania Nemanpour and the Law Offices of D. Hess Panah & Associates in the amount of $530.34, payable within 10 days. RULING: The unopposed motion is granted. This action arises out of Respondents David Nunez Perez and Blanca Nunez's claim to Petitioner State Farm (Petitioner) for uninsured/underinsured motorist benefits. Petitioner issued a policy of automobile insurance to Respondent David ...

Excerpt: ...operty sought to be attached is real property commonly known as 28125 Graciosa Street, Valencia, CA 91355 (the Property). Alternatively, Plaintiffs request a temporary protective order barring the transfer or encumbrance of the Property. RULING: The application is denied in its entirety. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiffs Steffanie Stelnick, Todd Stelnick, and Southern California Real Estate Management, Inc...

Excerpt: ...s of action (the only causes of action alleged against Center Street): 1. Declaratory Relief 2. Violation of Civil Code 2924m 3. Bid Rigging 4. Quiet Title RULING: The demurrer is overruled. Answer is due within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Sam Ostayan's (Plaintiff) claim that Defendant Prestige Default Services, LLC (Prestige), as trustee of the nonjudicial foreclosure sale of real property l...

Excerpt: ... and fall incident that occurred on 3/18/20 at or around 8:30 a.m. On that date, Plaintiff Roni Sue Holloway went to Ralphs grocery store to purchase groceries and other supplies. (Separate Statement (SS) 1). The store was in a shopping center near the intersection of Zelzah Avenue and Chatsworth Street in Granada Hills, California. (SS 2). At that time, Defendant Ralphs Grocery Company dba Ralphs (Ralphs) was following COVID-19 restrictions for ...

Excerpt: ...1, et seq.) and to stay all judicial proceedings pending the completion of the arbitration. RULING: The unopposed motion is granted. This action arises out of Plaintiff David Gomez's (Plaintiff) employment with Defendant Thibant International, Inc. (Defendant). Plaintiff alleges that he worked for Defendant for approximately three years and during that time he was discriminated against based on national origin/race and a medical disability. Plain...

Excerpt: ...tting Embezzlement 4. Conversion 5. Fraud – Intentional Misrepresentation 6. Accounting 7. Breach of Oral Agreement (only alleged against Vrezh F. Avakyan aka Freddy Avakyan) 8. Common Count – Money Had and Received 9. Unjust Enrichment 10. Declaratory Relief RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions of the Second Amended Complaint relating to alter ego liability, punitive damages and capital contributions which...

Excerpt: ...business from their property; (3) The Meadows have a duty not to engage in any noxious or offensive activity that may be or become an unreasonable annoyance or nuisance to any other owner. Plaintiffs also seek summary adjudication of their 1 st cause of action for Breach of Governing Documents and each of the Meadows' affirmative defenses (1 st – 26 th affirmative defenses). RULING: Plaintiffs' request for summary adjudication of Issues of Duty...

Excerpt: ... or until such earlier time as the Court specifies. RULING: The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiffs Raffi Tikidijan and Carin Tikidijan's (Plaintiffs) purchase of a used 2018 BMW X5 (the Vehicle) on 11/6/20 from non-party Valencia BMW pursuant to a “BMW Financial Services NA, LLC Motor Vehicle Retail Installment Contract - California)” (the Contract) which contains an arbitration claus...

Excerpt: ...er of dismissal entered on 10/27/22 in favor of MVM LP. RULING: The motion is denied. On 9/20/22, Plaintiffs Rocio Mejia Zamora, Michael Zamora, Anthony Mejia, Iberson Ortega by and through his guardian ad litem, Rocio Mejia Zamora (Plaintiffs) filed their original complaint for: (1) Breach of Warranty of Habitability; (2) Negligent Maintenance of Premises; (3) Nuisance; (4) Breach of Quiet Enjoyment; (5) Intentional Infliction of Emotional Distr...

Excerpt: ... of the causes of action (1 st – 7 th) in Plaintiffs' Complaint. Additionally, Defendants request that various allegations of protected activity be stricken from the Complaint in addition to the causes of action, or as an alternative to striking the causes of action. (See Notice of Motion, p.2:24-p.10:27 for specific allegations sought to be stricken). Defendants also request an award of attorney fees and costs in the amount of $8,630.00 agains...

Excerpt: ...rder 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). Both parties have failed to bookmark exhibits attached to declarations and requests for judicial notice submitted in support of their respe...

Excerpt: ...page 4, line 6, line 15, lines 19-20 and line 24; and page 5, lines 15 and 18and (2) part of ¶9 of the Complaint at p.3:21-24 which states: “It was the intent of DEFENDANT CRIMINAL ENTERPRISE 1 and DOES 1 through 5 to set up and operate within the DEFENDANT UNIT an illegal marijuana extraction processing laboratory commonly referred to as a ‘honey oil laboratory.' Illegal honey oil laboratories have a propensity to blow up.” RULING: The mo...

Excerpt: ...iffs Angelica J. Humphrey; Denise Caouette, an individual and on behalf of James Caouette, III. Alternatively, Defendant Pacifica Hospital of the Valley requests summary adjudication of Plaintiff's causes of action for medical negligence, wrongful death, and dependent adult abuse/neglect; Plaintiff's claim for punitive damages; and/or Plaintiff Angelica Humphrey's lack of standing in this action. RULING: Summary judgment and/or summary adjudicati...

Excerpt: ...rd Amended Judgment entered on 12/21/21. Additionally, Plaintiff requests that the Court award Plaintiff the reasonable attorney's fees and costs that Plaintiff has incurred, and will incur, to bring and have this motion for contempt heard. RULING: The unopposed motion is granted as set forth below. On 12/21/21, this Court entered the Third Amended Judgment in this action (the Judgment) in favor of Plaintiff/Judgment Creditor Irene Morcos (Plaint...

Excerpt: ...ned without leave to amend. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Defendant Local Initiative Health Authority for Los Angeles County dba L.A. Care Health Plan's (Defendant) failure and refusal to pay the full amounts billed for services provided by Plaintiff Henry Mayo Newhall Memorial Hospital dba Henry Mayo Hospital (Plaintiff) to residents of Los Angeles County who enrolled in health care service plans offered by Defe...

Excerpt: ...n is stayed. The request to dismiss the action is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Cam Luu's (Plaintiff) employment with Defendant JV Property Management & Brokerage, Inc. (JVPM) as an hourly leasing agent beginning on or around 5/18/21. Upon his hiring, Plaintiff executed a “Binding Arbitration Agreement” whereby he agreed to submit any dispute relating to his employment to binding arbitration...

Excerpt: ...id Miranda's (Plaintiff) purchase of a 2021 Nissan Rogue (the Vehicle) pursuant to a “Retail Installment Sales Contract – Simple Finance Charge (With Arbitration Provision)” (the Contract/RISC) Plaintiff entered with Nissan of Mission Hills. (Sharp Decl., Ex.B, C; Complaint ¶¶12-13). The RISC was for the sale of a warranted vehicle. Id. Plaintiff contends that the Vehicle is defective and Defendant Nissan North America, Inc. (Nissan) has ...

Excerpt: ...QUESTED: An order granting summary judgment, or in the alternative, summary adjudication as to each of the causes of action alleged against Defendant in Plaintiff's complaint. RULING: The motion is denied. SUMMARY OF ACTION & PROCEDURAL HISTORY This action arises out of dispute between a mother, Elena Macedonio, and daughter, Alex Lindig, regarding repayment obligations on a line of credit (LOC). On 3/29/21, Plaintiff Alex Lindig, as Trustee of t...

Excerpt: .../22, Luis Pacheco Flores (Flores) filed a small claims case against Jesus Bustamante (Bustamante) wherein Flores claims that Bustamante owes him $10,000.00 for money which Flores paid Bustamante for a job Bustamante did not complete. On 7/11/22, Bustamante filed an unlimited civil action against Flores for: (1) conversion, (2) fraudulent inducement, (3) breach of contract and (4) fraud/intentional misrepresentation. Bustamante claims that in Sept...

Excerpt: ...oNation) filed the instant motion seeking an order compelling arbitration and staying this action. On 1/9/23, Plaintiffs Edward Luster and Virginia Luster dismissed AutoNation from this action without prejudice. (See Dismissal filed 1/9/23). As such, the instant motion is moot. Dept. F47 Date: 1/23/23 Case #22CHCV00587 MOTION TO COMPEL ARBITRATION Motion filed on 11/2/22. MOVING PARTY: Defendant FCA US LLC RESPONDING PARTY: Plaintiffs Edward Lust...

Excerpt: ...ew Landscapes, LLC and Brightview Landscape Services, Inc. move for an order staying this action until the issue of whether arbitration is compelled is determined. RULING: The motion is granted, in part, and denied, in part, as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Ryan Soto's employment by Defendants Brightview Landscapes, LLC and Brightview Landscape Services, Inc. from approximately 10/29/19...

Excerpt: ...ty located at 20516 Shelley Lane Porter Ranch, California, 91326 (the Property); (2) Directing Defendants to cancel any pending transaction in which any interest in the Property is to be transferred, sold, encumbered, or hypothecated; and (3) Directing Defendants to rescind any pending transaction in which any interest in the Property is to be transferred, sold, encumbered, or hypothecated. RULING: The request for preliminary injunction will be g...

Excerpt: ... Admissions, Set 5, numbers 304-321. Additionally, Plaintiffs request sanctions against Defendant and/or her attorneys of record, Ford, Walker, Haggerty & Behar in the amount of $1,161.65. RULINGS: The motion is granted. Further responses are due and sanctions are payable within 30 days. This action arises out of a motor vehicle collision that occurred on the southbound Antelope Valley Freeway State Route 14 on 1/31/19. The vehicle driven by Defe...

Excerpt: ...riginal judgment entered on 7/7/06 against Defendants/Judgment Debtors William Vargas dba J.V.M. Insurance Agent; Juan C. Vargas and Miriam Murillo. RULING: The motion is denied without prejudice. On 2/10/05, Plaintiff Transnation Title Insurance Company (Plaintiff) filed its complaint against Defendants William Vargas dba J.V.M. Insurance Agent; Miriam S. Murillo and Juan C. Vargas (collectively, Defendants) for: (1) Breach of Contract, (2) Unju...

Excerpt: ...ss-Defendant Hill Phoenix, Inc.'s (Hill Phoenix) Requests for Admissions, Set 1, numbers 6, 7, 8, 12, 15, 16, 18 and 19. Additionally, Hill Phoenix requests sanctions against Costco and its counsel of record, Murchison & Cumming, LLP, in the amount of $2,750.00. RULING: The motion is granted. Further responses are due and sanctions are payable within 30 days. This action arises out of a slip and fall incident that occurred on 6/18/18 at the Costc...

Excerpt: ...ie Willis. RULING: The motion is denied. This action arises out of the care and treatment provided to Defendant Hubert Willis by Plaintiff 22125 Roscoe Corp. dba Topanga Terrace Rehabilitation and Subacute (Plaintiff). Plaintiff alleges that on or about December 4, 2020, Hubert Willis was admitted to Plaintiff's skilled nursing facility. (Complaint ¶6). In connection with the admission, Plaintiff alleges that Bobbie Willis, Hubert Willis' wife, ...

Excerpt: ...tiff) claim that Defendants Arminak Solutions dba KBL Cosmetics (Arminak) and Apackaging Group, LLC (Apackaging) (collectively, Defendants) failed to pay for certain goods. As a result, on 2/17/21, Plaintiff filed this action against Defendants for breach of oral contract (1 st – 3 rd causes of action) and common counts (4 th – 7 th causes of action). On 6/4/21, Defendants filed an answer to the complaint. On that same date Arminak filed a cr...

Excerpt: ... and returning all funds taken as a result of such orders. 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, Reghabi sued Ham...

Excerpt: ...reached several agreements to repay loans made to her over the course of many years. Plaintiff claims that Defendant used undue influence and duress to obtain the loans from Plaintiff. Additionally, Plaintiff claims that Defendant and others converted personal property belonging to Plaintiff. Further, Plaintiff claims that Defendant's conduct has caused her emotional distress. On 8/25/21, Plaintiff filed this action against Defendant for: (1) Bre...

Excerpt: ...nce Health System – Southern California dba Providence Holy Cross Medical Center (Defendant) to provide further verified responses to Plaintiff's Requests for Identification and Production of Documents, Set 1, numbers 1-30 and 32-36*, within 10 days of this hearing. Additionally, Plaintiff requests sanctions in the amount of $4,560.00 against Defendant and its attorneys of record, Carrol, Kelly, Trotter & Franzen, jointly and severally and paya...

Excerpt: ...fault Judgment against Defendant ROI Motor Sport Collision Center (ROI). (See Jeevaprakash Decl. ¶2, Ex.A). Despite being registered as a corporation, as indicated on the California Secretary of State website, ROI is named as “ROI Motor Sport Collision Center,” without an entity indicator such as “Inc.” or “Corp.” (Id. ¶7, Ex.H). On 5/12/22, counsel for Plaintiff Wells Fargo Bank, N.A. (Plaintiff) filed a Writ of Execution with the ...

Excerpt: ...roceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial (CCP § 657(1)); (2) Excessive or inadequate damages (CCP § 657(5)); (3) Insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law (CCP § 657(6)); (4) Error in law, occurring at the trial and excepted to by the party making the ...

Excerpt: ...ith 60 days leave to amend. This is an insurance subrogation action. Plaintiff Farmers Insurance Exchange (Plaintiff) alleges that it, “its subsidiaries, affiliates, and/or parent companies, duly organized and existing under and by virtue of the laws of the State of California and authorized to do business in the State of California as an insurer” issued an insurance policy to the owner of Owensmouth Business Park (Owner) which was in effect ...

Excerpt: ... Vaping360 GMBH's Requests for Admissions, Set 1, numbers 18, 20, 23, 25, 28 and 30. Additionally, Plaintiff requests sanctions against Defendant and/or its attorney of record in the amount of $1,935.00. RULING: The motion is granted. Further responses are due and sanctions are payable within 20 days. This action arises out of the alleged breach of a contract between Plaintiff VAPING360 GMBH (Plaintiff) and Defendant NEWHERE, INC. D/B/A CBDFX.COM...

Excerpt: ... judgment is granted. This action arises out of an incident that occurred on 6/22/20 at approximately 8:50 p.m. on San Francisquito Canyon Road in Santa Clarita, California. While on horseback and trying to cross San Francisquito Canyon Road, Plaintiff Brittany Domenick (Plaintiff) was struck by a vehicle driven by Defendant Frank M. Loya, who has already settled with Plaintiff. Plaintiff has sued Defendant County of Los Angeles (the County) clai...

Excerpt: ...quest sanctions against A Cleaner Pool, Inc. and Defendant Michael Meadows in the amount of $1,785.00. RULING: The motion is granted. This action arises out of a dispute between neighbors, Plaintiffs Alex Alvarado and Patricia Alvarado (collectively, Plaintiffs) and Defendants Michael Meadows and Althea Meadows (collectively, Defendants). One of the complaints against Defendants is that they are running a business out of their home in violation o...

Excerpt: ... Intentional Interference With Contractual Relations RULING: The demurrer to the 3 rd cause of action is overruled. Answer is due within 30 days. FACUAL SUMMARY & RELEVANT PROCEDURAL HISTORY This action arises out of a written Exclusive Equipment Agreement (the Agreement) entered into between Plaintiff Background Images LLC (Plaintiff) and Defendant Monolith Virtual Production LLC (MVP) pursuant to which Plaintiff, which owned and leased video di...

Excerpt: ...unt of $5,100.24. RULING: The motion is granted as set forth below. This action arises out of a dispute between neighbors, Plaintiffs Alex Alvarado and Patricia Alvarado (collectively, Plaintiffs) and Defendants Michael Meadows and Althea Meadows (collectively, Defendants). On 6/17/22, Plaintiffs noticed the depositions of Defendant Michael Meadows for 7/14/22 and Althea Meadows for 7/15/22. (Chimoures Decl. ¶2, Ex.1, 2). Each deposition notice ...

Excerpt: ... complaint. RULING: The motion is granted. This action arises out of a debt allegedly owed by Sarkis Khacherian aka Sargis Khacherian III (Defendant/Judgment Debtor). On 11/25/13, Plaintiff Asset Acquisition Group, LLC, as assignee of BMW Financial Services NA, LLC (Plaintiff) filed this action against Defendant for Breach of Vehicle Lease Contract, Account Stated, Quantum Meruit and Open Book Account. On 1/19/14, Plaintiff filed a proof of servi...

Excerpt: ...gatories, Set 1, and Special Interrogatories, Set 1. Additionally, Defendant requests sanctions against Plaintiff and/or Plaintiff's attorney of record in the amount of $1,580.00. RULING: The motion is denied. This action arises out of an alleged fall that occurred while Plaintiff Phyllis Ginolfi (Plaintiff) was a patient at Defendant's adult day care facility. Plaintiff alleges Defendant's negligence caused her fall and alleges injuries and dama...

Excerpt: ... unless Plaintiff consents to a reduction of the compensatory damages to an amount that the Court determines from the evidence to be fair and reasonable; and (2) Complete judgment notwithstanding the verdict or, in the alternative, for partial judgment notwithstanding the verdict. RULING: The motions are denied. This action arose out of a dispute as to whether a disability insurance policy purchased by Plaintiff/Cross-Defendant Hamidreza Ghasemi ...

Excerpt: ...ction, to Special Interrogatories, Set 1, numbers 1, 4, 5, 27, 28, 29, 30, 33, 34 and 35. Additionally, Cross-Complainant William Vilches dba Prestige Builders requests sanctions in the amount of $2,985.00 against Braa and its attorney, Areg Sarkissian, jointly and severally. RULING: The motion is granted as set forth below. Further responses are due and sanctions are payable within 30 days. This action arises out of an agreement allegedly entere...

Excerpt: ...tion is granted. FACTUAL SUMMARY & PROCEDURAL HISTORY This action arises out of a loan agreement for the purchase of real property located at 17230 Osborne Street in Northridge, California (the Property). Plaintiff Matthew Sanders (Plaintiff) and Defendant Jessica Sanders are married and are currently engaged in dissolution proceedings (LASC Case No. 20CHFL00167). Defendant Jan K. Tweed, individually and as Trustee of the J.K. Tweed Revocable Tru...

Excerpt: ...gence. Plaintiff alleges that defendants breached a settlement agreement between Plaintiff and former Defendant Julia Surtshin concerning the maintenance of trees on the property located at 17550 Prairie Street, Northridge, California (Prairie Property). Plaintiff owned—and on 4/16/18 sold—an adjacent property located at 9264 Shoshone Avenue, Northridge, California (Shoshone Property). Defendant Julia Surtshin sold the Prairie Property to Def...

Excerpt: ...der assuming jurisdiction over the unauthorized law practice of Peter Shah aka Peter Sharokhi and Pedram Sharokhi, doing business as (dba) Plaintiff Advocate Law Group, Top Notch Law Group, J & R Law Group, JR Law Group, Trillium Law Group, and Valley Accidents (collectively, Respondent), pursuant to Business and Professions Code 6126.3. RULING: The relief requested in the petition is granted. This petition arises out of the claim that Respondent...

Excerpt: ...or financial condition until after a verdict or court ruling finding any defendant guilty of malice, oppression or fraud in accordance with Civil Code 3294 and Civil Code 3295(d). RULING: The motion is granted. This is a real estate disclosure case. Plaintiff Andrew Dow (Plaintiff) is the purchaser and defendants are the real estate broker/agent and related businesses. The operative First Amended Complaint contains causes of action for: (1) Breac...

Excerpt: ...Fair Dealing 5. Race Discrimination 6. Failure to Prevent Race-Based Discrimination 7. Retaliation 8. Medical Disability Discrimination 9. Failure to Provide Reasonable Accommodation in Violation of FEHA 10. Intentional Infliction of Emotional Distress RULING: The demurrer as to the 8 th and 9 th causes of action is sustained with 30 days leave to amend. The demurrer as to the 10 th cause of action is overruled. This action arises out of Plaintif...

Excerpt: ...laratory Relief (dismissed on 6/27/22 pursuant to Plaintiff's request) RULING: The demurrer is sustained with 20 days leave to amend. This action arises out of Plaintiff Juan Orozco's (Plaintiff) claim that Defendants William J. Schrey and Diana C. Schrey, as trustees of the Schrey Trust dated June 12, 2018 (Defendants) have breached an agreement to sell him real property located at 28213 Oak Spring Canyon Road, Canyon Country, California for $95...

Excerpt: ...Cervantes SERVICE: Filed July 11, 2022 OPPOSITION: Filed November 2, 2022 REPLY: Filed November 8, 2022 RELIEF REQUESTED Defendant demurrers to Plaintiff's third cause of action for fraudulent inducement. BACKGROUND This case arises out of Plaintiffs Sandra Cervantes Soto and Dora Cervantes's (“Plaintiffs') lemon law claim. Plaintiffs allege that on April 11, 2021, they purchased a new 2020 Honda Pilot (“Subject Vehicle”). Plaintiffs allege...

Excerpt: ...ING: The motion is granted. FACTUAL SUMMARY & PROCEDURAL HISTORY Defendants Golden Bolt, LLC; Golden Customer Care, LLC; Whole Body Research, LLC; One Two Cosmetics, LLC; City Beauty, LLC and Mark Clemens' (collectively, Defendants) Request for Judicial Notice (RJN) is granted. This action arises out of Plaintiff Maria Becerra's (Plaintiff) employment with Defendant Golden Bolt, LLC (Golden Bolt) from 3/20/17 until 7/16/20 as an hourly-paid, non-...

Excerpt: ...nied. This action arises out of a dispute regarding the ownership of real property located at 15710 Larkspur Street, Sylmar, California. After confirming that Defendant Ashley Jauregui's (Ashley) availability to have her deposition taken on 6/23/22, on 6/8/22, Plaintiff Antonio Jauregui (Plaintiff), noticed Ashley's deposition for 6/23/22. (See Martinez Decl. ¶¶3-5, Ex.1-3). Plaintiff claims that on 6/21/22, Ashley's attorney informed Plaintiff...

Excerpt: ...unopposed demurrer is sustained without leave to amend. This action arises out of Plaintiff North American Machinery Movers, Inc.'s (Plaintiff) allegations that Defendants Sergio Maldonado and On the Road Insurance Services (Defendants), acting as insurance brokers for Plaintiff, failed to procure the proper insurance to cover a property damage claim, and that failure caused Plaintiff to sustain a loss of $45,000. (FAC ¶¶2, 7, 9). Plaintiff all...

Excerpt: ..., Set 1, numbers 1-3 and 17-18; Special Interrogatories, Set 1, numbers 1-3 and 24 and Requests for Production of Documents, Set 1, numbers 1, 28 and 30. RULING: The motion is granted. Further responses are due within 30 days. This action arises out of Plaintiff Emigdio Rodriguez's (Plaintiff) employment with some or all of the Defendants Starshield Security Services; Starship Security Services, Inc. and/or Shea Property Management Company, Inc. ...

Excerpt: ...nst State Farm) 3. Negligent Misrepresentation (against Neglia) 4. Violation of the Unruh Civil Rights Act (against State Farm) 5. Unfair Business Practices (against State Farm and Neglia) RULING: The demurrer is sustained with 20 days leave to amend. FACTUAL SUMMARY & PROCEDURAL HISTORY This action arises out of two insurance claims made by Plaintiffs Dennis Cho and Heather Cho (Plaintiffs) to Defendant State Farm (State Farm). One claim is for ...

Excerpt: ...h of contract/commercial lease. RULING: The motion is denied. This action arises out of an alleged breach of a commercial lease and guaranty of the lease. Plaintiffs Jeffrey Harris and Austin Harris, Co-Trustees of the Harris Family Trust (Plaintiffs) are the landlord and Defendant Extensions Plus (Extensions Plus) is the tenant and Defendant Helene Stahl (Stahl) is the guarantor (collectively, Defendants). Possession of the premises is not at is...

Excerpt: ...everally, in the amount of $9,750.00 pursuant to CCP 128.7 for the bad faith filing of the demurrer and motion to strike with regard to Cross-Complainant William Vilches dba Prestige Builders' cross-complaint. RULING: The motion is denied. Cross-Defendants Braa Holdings, LLC, Areg Aghayants and Armik Aghayants' request for sanctions is also denied. This action arises out of an agreement allegedly entered between Cross-Complainant William Vilches ...

Excerpt: ... order staying this action pending completion of arbitration proceedings. RULING: The motion is granted. This action arises out of a Serve American Express Prepaid Debit account opened by Plaintiff Brenda Young-Bryant (Plaintiff) on 7/25/15 with Defendant American Express Travel Related Services Company, Inc., erroneously sued as American Express Corp. (Defendant). (Kerr Decl. ¶4). By registering to use Defendant's prepaid debit card account ser...

Excerpt: ...n of Civil Code 2923.5 2. Violation of Civil Code 2924(a)(1) 3. Violation of Civil Code 2923.6(c) 4. Violation of Civil Code 2923.7 5. Violation of Civil Code 2924.9 6. Violation of Civil Code 2924.10 7. Unfair Business Practices – Violation of Business & Professions Code 17200, et seq. 8. Cancellation of Written Instruments – Civil Code 3412 RULING: The demurrer is sustained with 30 days leave to amend. FACTUAL SUMMARY & PROCEDURAL HISTORY T...

Excerpt: ..., in part, as set forth below. This action arises out of a dispute between a sister, Plaintiff Tamar Hagopian (Plaintiff), and brother, Defendant Raffi Hagopian (Defendant) regarding certain real property. Plaintiff claims that in 2016 she and Defendant entered an oral agreement whereby Defendant would acquire the house Plaintiff had been living in with her family from Plaintiff's husband whom she was divorcing because Plaintiff could not qualify...

Excerpt: ... Contract 2. Breach of Fiduciary Duty 3. Embezzlement 4. Aiding and Abetting Embezzlement 5. Breach of Written Contract 6. Conversion 7. Fraud – Intentional Misrepresentation 8. Accounting 9. Conspiracy to Commit Fraud 10. Breach of Oral Agreement 11. Common Count – Money Had and Received 12. Unjust Enrichment 13. Declaratory Relief RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions of the First Amended Complaint. RULING...

Excerpt: ...nd severally in this case. Additionally, Plaintiffs request the dismissal of the Motion to Vacate Entry of Default and/or Judgment with prejudice. RULING: The motion is granted, in part, and denied, in part. This action arose out of a contract between Plaintiffs Charles Bacquet and Victoria Bacquet (Plaintiffs) and Defendant Robert Aleksanyan (Defendant) for the construction of a pool. Plaintiffs alleged that Defendant represented verbally and in...

Excerpt: ... and their attorney. RULING: The motion is denied. Cross-Complainant's request for sanctions is also denied. This action arises out of an agreement allegedly entered between Cross-Complainant William Vilches dba Prestige Builders (Cross-Complainant) and Cross-Defendants Braa Holdings, LLC, Areg Aghayants and Armik Aghayants (Cross-Defendants) whereby Cross-Complainant was to construct a pool for Cross-Defendants. Both Cross-Complainant and Cross-...

Excerpt: ...21, Plaintiff Castaic Studios, LLC (Plaintiff) and Defendant Wonderland Studios, LLC (Defendant) entered a “License Agreement” (Agreement). (See Complaint, Ex.1). The Agreement provides that Defendant had “the non-possessory, but the exclusive right for the use” of certain “assigned” areas of the “Premises” described in paragraph 1 of the Complaint. (Complaint, Ex. 1, p.1¶4, p.2 ¶7). In exchange, Defendant agreed to pay certain ...

Excerpt: .... Intentional Misrepresentation 4. Negligent Misrepresentation 5. Professional Negligence 6. Negligence Per Se 7. Trespass to Chattel 8. Intentional Infliction of Emotional Distress RELIEF REQUESTED IN MOTION TO STRIKE: An order striking portions of Plaintiff's Second Amended Complaint relating to Plaintiff's claims for emotional distress and exemplary/punitive damages. RULING: The demurrer is overruled, in part, and sustained without leave to am...

Excerpt: .... Garoutte (Plaintiff) and Defendant Mary Annette Pickens (Defendant), Plaintiff's step-mother. Plaintiff alleges that in or around 1989, Plaintiff and his then partner, Duane Boyer, purchased and acquired title to real property commonly known as 22232 Wildwood Place, Chatsworth, California 91311 (the Property). (Complaint ¶5). On or about 9/5/06, Plaintiff acquired Boyer's right, title and interest in the Property. (Complaint ¶6). In or about ...

Excerpt: ...or an order determining the settlement between Impact Construction and Plaintiffs is in good faith pursuant to Code of Civil Procedure §§ 877 and 877.6(a)(2). RULING: The motion is denied. This action arises from an incident that occurred on July 13, 2016, at the Old Orchard Elementary School in Valencia, California within the Defendant Newhall Unified School District (“the District”). Plaintiffs Jose De Jesus Diaz Mata and Maria Del Rosari...

Excerpt: ...itionally, Defendant requests sanctions against Plaintiff in the amount of $1,761.00. 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 Phyllis Ginolfi's (Plaintiff) claim that she was dropped or fell while she was a resident of Defendant Right Choice In-Home Care, Inc.'s (Defendant) facility. Plaintiff alleges Defendant's negligence caused her...

Excerpt: ... Foreclosure of Mechanic's Lien 4. Breach of Civil Code 1719 5. Fraud 6. Negligent Misrepresentation 7. Open Book Account RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions of the First Amended Cross-Complaint. RULING: The demurrer is sustained with 20 days leave to amend. The motion to strike is placed off calendar as moot. This action arises out of an agreement allegedly entered between Cross-Complainant William Vilches db...

Excerpt: ...e motion is denied. This action arises out of a dispute between Plaintiff Cross Creek Village Homeowners Association (Plaintiff) and one of its members, Defendant Alexander Cvetkovich (Defendant). On 12/15/17, Plaintiff filed this action against Defendant for: (1) Breach of Contract, (2) Breach of CC&Rs and Rules, (3) Nuisance and (4) Fraud. Just prior to trial, Plaintiff dismissed its nuisance and fraud causes of action. (See Statement of Decisi...

Excerpt: ...ndant Hubert Willis' private HIPAA protected medical information, including his medical diagnoses, care received and corresponding charges. RULING: The motion is granted as set forth below. On 11/17/21, Plaintiff 22125 Roscoe Corp. dba Topanga Terrace Rehabilitation and Subacute (Plaintiff) filed this action against Defendants Hubert Willis and Bobbie Willis (Defendants) for breach of contract and quantum meruit/unjust enrichment. On 12/17/21, De...

Excerpt: ...evidentiary sanctions under CCP 2023.030 against Defendant Lilian Yamileth Ramirez. Additionally, Plaintiffs request monetary sanctions in the amount of $7,061.65 against Defendant and/or her attorneys of record, Ford, Walker, Haggerty & Behar, for reasonable costs and attorney's fees incurred by Plaintiffs for bringing this motion. RULING: The motion is denied in its entirety as is Defendant's request for monetary sanctions. This action arises o...

Excerpt: ...ng that the case proceed as a bench trial on the grounds that Plaintiff waived his right to a jury trial pursuant to CCP 631(f)(5) and if not, to determine the phases of the trial including the equitable causes of action which are for the court to decide: 3 rd cause of action for breach of fiduciary duty and 5 th cause of action for unfair business practices pursuant to Business and Professions Code 17200 and 17203, et al. as well as alter ego li...

Excerpt: ...der is denied. The motion is granted with 30 days leave to amend. This action arises out of a dispute over property located at 28212 Kelly Johnson Parkway, Units 215 and 225, Santa Clarita, California 91355 (Property). Title to the property is vested in Plaintiff Lucy Holdings, LLC (Plaintiff). Defendant Krupe Industries, Inc. (Krupe) and Defendant Witkin and Associates, LLC (Witkin), the foreclosure trustee, were attempting to foreclose on a dee...

Excerpt: ...ed motorist arbitration of Plaintiff's uninsured motorist bodily injury claims, which are the subject of this action. Additionally, Defendant requests an order dismissing this action or, alternatively, staying the action until the completion of the uninsured motorist arbitration. RULING: The motion is granted as set forth below. Defendant's counsel is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civ...

Excerpt: ... th, 5 th, 6 th and/or 7 th causes of action in Plaintiff's complaint. RULING: The motion is denied in its entirety. FACTUAL SUMMARY & RELEVANT PROCEDURAL HISTORY This action arises out of Plaintiff Oscar Padilla dba Hacienda Concrete's (Plaintiff) claim that Defendant Daniel Salazar Construction (Defendant) failed to pay all sums due to Plaintiff under an oral subcontract agreement. On 4/30/21, Plaintiff filed this action for: (1) Breach of Cont...

Excerpt: ...ally NOTICE: ok Demurrer is to the entire First Amended Complaint: 1. Elder Abuse and Neglect (Welfare & Institutions Code 15600, et seq.) 2. Violation of Patient Rights (Health & Safety Code 1430(b) 3. Negligence 4. Wrongful Death RELIEF REQUESTED IN MOTION TO STRIKE: An order striking portions of Plaintiffs' First Amended Complaint, including claims for attorney's fees and punitive damages. Specifically, Defendants move to strike the following ...

Excerpt: ...s Trustee of the D&S Tuch Trust and Carol Lee Tuch as Trustee of the CLT Trust (Plaintiff) filed this commercial unlawful detainer action based on failure to pay rent against Defendant Saliya De Silva (Defendant). On 6/15/22, Defendant filed and served the instant demurrer to the complaint. Plaintiff has opposed the demurrer. No reply to the opposition has been filed by Defendant. Defendant's and Plaintiff's Requests for Judicial Notice (RJN) are...

Excerpt: ...bitration. RULING: The motion is granted. The parties 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. See also CRC 3.1110(f)(4). While it appears that Defend...

Excerpt: ...reach of Warranty of Habitability (Health & Safety Code 17920.3) 3. Breach of Warranty of Habitability (Civil Code 1942.4) 4. Negligence – Premises Liability 5. Nuisance 6. Intentional Infliction of Emotional Distress 7. Breach of Contract 8. Breach of Covenant of Quiet Enjoyment 9. Unfair Business Practices (Business & Professions Code 17200, et seq.) RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions of Plaintiffs' compl...

Excerpt: ...n order prohibiting Plaintiff Raul Perez from supporting the First Cause of Action for Quiet Title, the Second Cause of Action for Cancellation of Instruments, and the Fifth Cause of Action for Fraud of Plaintiff's Complaint and contesting the defenses of Defendant Enrique Perez; or, (2) an evidence sanction by an order prohibiting Plaintiff Raul Perez from introducing any evidence supporting the First Cause of Action for Quiet Title, the Second ...

Excerpt: ...d 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). Despite being warned of the foregoing requirements more than once, Plaintiff's counsel has ag...

Excerpt: ...rs 53, 54, 55, 56, 57 and 58. Specifically, Plaintiff requests that Defendant identify and/or describe the responsive documents in a privilege log within 25 days of the hearing on the motion. Additionally, Plaintiff requests sanctions in the amount of $2,870.00 against Defendant and its counsel of record James J. Kjar, Esq., Jason J. Peterson, Esq., and Robin Y. Solmayor, Esq., KJAR, McKENNA & STOCKALPER LLP, jointly and severally. RULING: The mo...

Excerpt: ... Ranch at the Falls LLC and April Hart. RULING: The motion is granted. This quiet title action arose out of the historical use by Plaintiffs/Cross-Defendants Ranch at the Falls LLC and April Hart (hereafter referred to as Plaintiffs) and their future need of access, ingress and egress to their property and the use of streets over and through the Indian Springs and Indian Oaks communities and the Lenope Property. After a bench trial, on 5/10/17, t...

Excerpt: ...A 91311. RULING: The motion is granted. The parties are, again, reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. (See 7/29/22 Minute Order, p.2). 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 3.1...

Excerpt: ...that Maclay did not owe Plaintiff a legal duty to keep the City's property safe. RULING: The motion is denied. Defendant 1058 Maclay, LLC 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 E...

Excerpt: ...n is granted as set forth below. Defendant The Congregational Church of Chatsworth (Defendant Church) is a non-profit corporation. In this action, a subchapter of the Defendant Church's parent denomination, Plaintiff Southern California Nevada Conference United Church of Christ (Conference) along with Plaintiff The Congregational Church of Chatsworth (Plaintiff Church) (collectively, Plaintiffs) sued the Defendant Church and certain of its office...

Excerpt: ...sing prospective monetary sanctions on Defendant of $500 each day Defendant fails to fully comply following the expiration of the 10-day compliance period. RULING: The motion is denied. This action arises out of Plaintiffs Miguel Gonzalez Lopez and JuanJose Gonzalez's (Plaintiffs) claim that their 2019 Chevrolet Camaro, which was manufactured and distributed by Defendant General Motors, LLC (Defendant) suffers from defects, including the “Power...

Excerpt: ...alleged breach of the same being tried before Plaintiffs' claimed injuries and damages; (2) excluding from the liability phase of trial any references to the injuries and damages at issue; and (3) requiring all parties to instruct each witness to refrain from making any reference to Plaintiffs' claimed injuries or damages during the trial of the liability issues. RULING: The motion is denied. The parties are reminded to review the 5/3/19 First Am...

Excerpt: ... TO SEVER ACTION: An order severing the first, second, third, fourth, and fifth causes of action from the seventh cause of action and allowing Plaintiff to proceed with the seventh cause of action against Defendant Navigators. RELIEF REQUESTED IN MOTION FOR ENTRY OF JOINT AND SEVERAL JUDGMENT: An order entering joint and several judgment pursuant to written stipulation against Defendants RH Plumbing Solutions Inc. and Rafael Angel Hernandez. RULI...

Excerpt: ... notwithstanding the verdict in general. Presumably, for the Court to enter judgment against both sets of defendants for the full amount of damages pled ($83,000) pursuant to Code of Civil Procedure § 629. RULING: The motion is denied. On 8/21/18 Plaintiff filed this action for breach of contract and negligence. Plaintiff alleges that defendants breached a settlement agreement between Plaintiff and former Defendant Julia Surtshin (“Surtshin”...

Excerpt: ... Code of Civil Procedure §§ 877 and 877.6(a)(2). RULING: The motion is granted. This action arises from an incident that occurred on July 13, 2016, at the Old Orchard Elementary School in Valencia, California within the Defendant Newhall Unified School District (“the District”). Plaintiffs Jose De Jesus Diaz Mata and Maria Del Rosario Arroyo, collectively, (“Plaintiffs”) allege that Jose De Jesus Diaz Mata was in the process of dismantl...

Excerpt: ...er responses to Plaintiffs' Form Interrogatories, Set 4, number 17.1. Additionally, Plaintiffs request sanctions against Defendant and/or her attorneys of record, Ford, Walker, Haggerty & Behar in the amount of $1,111.65. RULINGS: The motion is granted. Further responses are due and sanctions are payable within 30 days. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filin...

Excerpt: ...iffs' Requests for Admissions, Set 3, numbers 83-86, 92, 94, 96, 98, 100, 102, 104, 105, 106, 107 and 108. Additionally, Plaintiffs request sanctions against Defendant and/or her attorneys of record, Ford, Walker, Haggerty & Behar in the amount of $1,111.65. RULINGS: The motion is granted. Further responses are due and sanctions are payable within 30 days. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Elec...

Excerpt: ...aintiff as the prevailing party in this civil lawsuit in the amount of $291,684.50 against Defendant, (3) awarding costs to Plaintiff as the prevailing party in this civil lawsuit in the amount of $28,922.86 against Defendant, and (4) amending the Judgment entered on May 13, 2022, to include the award of attorneys' fees and costs in the total amount of $320,607.36. RULING: The motion is granted, in part, and denied, in part, as set forth below. T...

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. See also CRC 3.1110(f)(4). Silicon Valley Bank has failed to bookmark the declaration and exhibits attached to the motion Failure to comply ...

Excerpt: ... Defendant Estuardo Lopez (Defendant) entered a verbal commercial lease agreement whereby Plaintiff leased a portion of Defendant's mechanic shop for $1,500.00/month. Plaintiff contends that on or about 4/7/20, Defendant asked Plaintiff to leave/terminate the tenancy. Plaintiff contends that on 5/7/20, Defendant locked him out of the premises and has refused his requests for access to the premises. On 6/12/20, Plaintiff filed this action for: (1)...

Excerpt: ...ant John Thomas, LLC's (Defendant) Special Interrogatories, Set 1, numbers 3-10, 12, 13, 15, 18, 21, 23, 24, 27-30 and 33-35. Additionally, Defendant requests sanctions against Plaintiff in the amount of $5,400.00. RULING: The motion is granted as set forth below. Further responses are due and sanctions are payable within 30 days. This action arises out of Plaintiff/Cross-Defendant Gloria Brown's (Plaintiff) claim that defendants, including Defen...

Excerpt: ...ories, Set 1, without objection, within 10 days. Additionally, Plaintiff requests sanctions against Defendant and his attorney of record in the amount of $2,812.50. RULING: The request to compel responses without objections is granted. Responses are due within 30 days. Sanctions are denied. This action arises out of Plaintiff Gloria Brown's (Plaintiff) claim that defendants, including Defendant David Garza (Garza), schemed to solicit and victimiz...

Excerpt: ...Inc. giving this Court jurisdiction to enforce their settlement agreement in accordance with the provisions of CCP 664.6. As part of that order, Plaintiffs contend they are entitled to payment by Defendant Robert Maron, Inc. of the sums currently owed under the settlement agreement in the amount of $1,119,639.47 as of June 2022 and payment of their attorney's fees, per post-judgment and motion costs per cost bill incurred by Plaintiffs in connect...