Excerpt: ...d. On August 7, 2020, Marshall Geller filed a petition to vacate the arbitration pursuant to Code of Civil Procedure section 1286.2, subdivisions (a)(3), (5)-(6). Geller argues that the arbitrator was biased against him under section 1286.2(a)(6). Geller also argues that the arbitrator engaged in misconduct and/or that Geller's rights were prejudiced by the refusal of the arbitrators to hear evidence material to the controversy or by other conduc...

Excerpt: ...ing Jr. – Los Angeles (MLK-LA) Healthcare Corporation, Exodus Recovery, Inc., Dr. Cary Gallardo, M.D., Dr. William Wirshing, M.D., Alejandro Haro, R.N., and Doe and manufacturer defendants, including: (1) violation of Elder Abuse and Dependent Adult Civil Protection Act; (2) strict liability – failure to warn; (3) breach of fiduciary duty – fraud by concealment; (4) professional negligence (medical malpractice); (5) wrongful death; and (6) ...

Excerpt: ...any Inc. (“Hilton”) and Waldorf=Astoria Management LLC (“Waldorf”) (collectively “the Waldorf” or “Defendants”) under Code of Civil Procedure section 128.7. Peninsula argues that sanctions are warranted under section 128.7 because the cross-complaint filed by Defendants for unfair competition (1) lacks evidentiary support, (2) is unwarranted as a matter of law, and (3) was brought for the sole purpose of harassing Peninsula, causi...

Excerpt: ... as the immediate return of the Intellectual Property, the THC trademark and the THC.com domain name. (See Pet. at item 8.) On January 21, 2020, Ramsey Houston Salem, LKP Global Law, LLP, and Ana Montoya (“Petitioners”) filed a petition seeking an order to confirm the arbitration award. The petition states that the parties went to arbitration due to Pineapple Express, Inc., and THC Industries, LLC's (“Respondents”) breach of a merger agre...

Excerpt: ...ool District (“BHUSD”), Atkinson, Andelson, Loya, Ruud & Romo, a law firm and as Attorneys for Beverly Hills Unified School District, Kimberly Ludwin, individually and as Attorney for Beverly Hills Unified School District; DOES 1-25, and others. The TAC contains six causes of action for (1) violation of privacy under the California Constitution and the California Civil Code section 1708, (2) constructive discharge, (3) defamation, (4) neglige...

Excerpt: ...alpractice (negligence); (2) gross negligence; (3) medical battery; (4) failure to obtain informed consent; (5) negligent hiring, training, and retention; and (6) intentional misrepresentation/fraud. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the...

Excerpt: ...lations of Civil Code section 2934a, (3) negligence, (4) breach of contract, (5) quiet title, (6) accounting, (7) violations of Business and Professions Code section 17200, and (8) declaratory relief. LEGAL STANDARD “At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice.” (C...

Excerpt: ...014, Shores, LLC filed a cross-complaint against several defendants but not Redrock. On March 16, 2016, American filed a cross-complaint against Redrock and other defendants. Shores, LLC is not a party to the March 2016 cross-complaint filed by American against Redrock. Cross-Defendant/Cross-Complainant Redrock brings a motion for terminating sanctions, or in the alternative evidentiary and issue sanctions against Defendant Shores, LLC. Redrock a...

Excerpt: ...100 for (1) Medical Malpractice (Negligence); (2) Gross Negligence; (3) Medical Battery; (4) Failure to Obtain Informed Consent; (5) Negligent Hiring, Training, and Retention; and (6) Intentional Misrepresentation/Fraud from a breast augmentation and lift. Defendants were served by substituted service on July 31, 2019. Service by substituted service is made effective on the 10th day after mailing. (See CCP 415.20.). The statements of damages were...

Excerpt: ...er to compel the continued deposition of Exodus' PMK pursuant to Code of Civil Procedure section 2025.480(a). Plaintiff seek a discovery referee for the limited purpose of supervising the PMK deposition to prevent further alleged misconduct by Exodus' counsel. Plaintiff also seeks sanctions under Code of Civil Procedure sections 2025.450(g)(1) and 2025.480(j) for Exodus' failure to produce a knowledgeable, qualified, and prepared PMK at the Decem...

Excerpt: ...on, (4) fraud, (5) and action on contractor's bond. Plaintiff alleges that some of the defendants failed to complete the work on solar panels for 200 N. Rockingham, Los Angeles, CA 90049. Defendant George Mason McEachran filed a demurrer and a motion to strike. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determin...

Excerpt: ...18. (SAC ¶ 6(a)) Plaintiff Mario Savvides alleges that Defendants Robert Klenner and Toshiko Klenner, as well as Does 1 – 20: (1) breached/repudiated a partially performed contract for the purchase and sale of real property; (2) breached the covenant of good faith and fair dealing; (3) were unjustly enriched; (4) and deceived Plaintiff. On February 1, 2019, the Court struck the second and third causes of action from the SAC as Plaintiff did no...

Excerpt: ...l, Stephen Biafora, and S&B Investments, LLC for (1) breach of joint venture agreement, promissory fraud, quantum meruit, and common count. Plaintiffs allege that Schimmel is an attorney. (See Compl. ¶ 5.) Plaintiffs further allege that there was a joint venture agreement arising out of the construction and development of a single-family home at 2218 Glencoe Ave, Venice, CA, and that they were not properly compensated pursuant to their agreement...

Excerpt: ...on or about the evening of July 28, 2015 and into the morning of July 29, 2015, at the Camps Bay Retreat Hotel in Cape Town, South Africa. (Compl. ¶ 1.) Plaintiffs assert that jurisdiction and venue is proper “because, among other reasons, Gabriela—the murder victim —resided in Los Angeles County when she was murdered, because both Plaintiffs also resides in Los Angeles County, because Defendant owns a residence in Los Angeles County, and ...

Excerpt: ...n Fox filed separate motions for protective orders on August 31, 2017, and October 20, 2017, respectively. Non-parties Lily Chandler and Tabitha Rose Marks filed their joint motion for a protective order on June 12, 2017. Fox seeks a protective order under Code of Civil Procedure sections 2017.020, 2019.030, 2023.010, and 2025.420 requesting that the deposition of Marion Fox: (1) be taken at a different time after the December 5, 2017 hearing on ...

Excerpt: ... to substitute Doe 22 as American Laundry Production, Inc. a South Carolina Corporation and a successor by acquisition to Clenacorp. (See 11/21/2019 Doe Amendment.) It is also being sued as the manufacturer and/or supplier of “Collar & Cuff Scrub” “and other chemical products to be determined during discovery.” (Id.) On February 5, 2020, Plaintiffs amended the complaint to substitute Doe 26 with Vulcan Materials Company. Plaintiff alleged...

Excerpt: ...Hinojosa & Forer, LLP & Does 1-60 alleging that defendants committed professional negligence and elder abuse. Plaintiff alleges that he is 85 and this action arises out of a controversy between Plaintiff and Aviva Leneman Weiner. Plaintiff alleges that Defendants pressured Plaintiff into signing a settlement agreement on July 28, 2018. On February 13, 2020, Defendant Hinojosa & Forer, LLP filed four discovery motions. Defendants filed a motion de...

Excerpt: ...836 10th Street Unit “D”, Santa Monica, CA. (Compl. ¶ 10.) Plaintiffs allege that they settled an eviction action with the Tarnopolsky Defendants on October 16, 2017. (Compl. at p. 4:20-21.) Plaintiffs allege that Defendants defrauded Plaintiffs into vacating their rental unit. (See generally Compl. ¶ 55 at p. 6.) Plaintiffs allege that the Tarnopolsky Defendants represented in the notice to quit that the landlord's sister, Denise Poon was ...

Excerpt: ...for Mary Frances Gage, filed a complaint against Mark Shinnick for: (1) interference with contract; (2) interference with prospective economic advantage; (3) publication of private facts; and (4) trespass. On April 9, 2020, Plaintiff filed an amended motion for summary adjudication. This motion is unopposed. BASIS FOR MOTION Ann-Marie seeks summary adjudication on the second, third, and fourth causes of action. Ann-Marie argues that she is entitl...

Excerpt: ...tional misrepresentation, (3) recovery on contractor's license bond; (4) negligenge, and (5) breach of implied covenant of good faith and fair dealing. On November 9, 2017, Plaintiffs amended the complaint and added Developers Surety and Indemnity Company as a defendant. Plaintiffs claim damages of at least $400,000. (See FAC prayer for relief.) This action involves alleged construction defects and damages arising from work performed and material...

Excerpt: ...for: (1) Rescission; (2) Conversion; (3) Breach of Fiduciary Duty, (4) Damages under Penal Code (5) Fraud/misrepresentation and (6) Quiet title. Plaintiffs allege that Defendant Sargsyan and his firm represented Plaintiffs in copyright infringement suits and that Defendants failed to remit all sums recovered. Plaintiff Pelissier and Sargsyan also entered into a deal for defendant Sargsyan to develop 11824 Ellice St., Malibu, California 90265. Thi...

Excerpt: ...e Capital Builders, Inc., filed a cross-complaint against 207 Entrada, LLC and Roes 1 -20 for (1) breach of oral contract, (2) open book, (3) reasonable value of services rendered, and (4) foreclosure of mechanic's lien for $347,000. “On or about April 10, 2020, Cross-Complainant's verified Mechanic's Lien was timely recorded in the Official Records of Los Angeles County, California, as Instrument No. 20200405317, in accordance with the require...

Excerpt: ...e of the Amy Sweeny 2005 Revocable Trust, and Does 1 – 20. The complaint alleges cause of action for fraud and deceit, negligent misrepresentation, breach of oral contracts (2 counts), and quantum meruit. On February 7, 2020, Plaintiff dismissed with prejudice Amy G. Sweeney, an individual, Amy G. Sweeney and Michael Towbes as Trustees of the Exempt Trust under the Goldenberg Survivor's Trust, and Amy G. Sweeney, as Trustee of the Amy Sweeney 2...

Excerpt: ...st 22, 2019, Faisal Bin Aziz Saud and New Generations Ideas, LLC initiated this appeal in this Court by filing a Notice of Appeal of the Award. A non-jury trial is scheduled for October 26, 2020. On February 24, 2020, Giacalone served Appellant Saud with both a Notice of Deposition and a Notice to Appear at Trial. (Engelhardt Decl. ¶ 4, Ex. A & B.) The deposition was scheduled for Wednesday, April 29, 2020. (See Ex. A.) On March 5, 2020, Saud se...

Excerpt: ...e City,”) the County of Los Angeles, the La Costa Beach Home Owner's Association (“the Association,”) and Does 1- 17. Plaintiff alleges that on May 14, 2019, at approximately 8:20 p.m., Megan Pierce was attempting to cross Pacific Coast Highway (“PCH”) at or near the La Costa Beach Club located at 21440 Pacific Coast Highway (PCH) in Los Angeles County in Malibu. Ms. Pierce was crossing PCH at an intersection when she was struck and kil...