Excerpt: ...STS FOR ADMISSIONS, SET ONE, AND MOTION FOR SANCTIONS This hearing is on Plaintiff Leo David's motion to compel further responses to his (1) requests for production of documents, set one, (2) form interrogatories, set one, (3) special interrogatories, set one, and (4) requests for admissions, set one. David also seeks monetary sanctions. This Department's rules require David to file a joint statement consisting of four columns : the first column ...

Excerpt: ...erty Owners Association BACKGROUND This case arises from construction on a residential lot owned by Defendant Focus Line, LLC located at 10433 Lindbrook Drive in the Holmby Westwood neighborhood of Los Angeles (the “Property”). Plaintiff Holmby Westwood Property Owners Association (“HWPOA”) is a voluntary neighborhood association made up of members who own property in the Holmby Westwood neighborhood. Many of the lots in the Holmby Westwo...

Excerpt: ...r RESPONDING PARTY: Plaintiff Sedigheh Hadian Ghahderijani BACKGROUND This action arises from a slip and fall. Plaintiff Sedigheh Hadian Ghahderijani is an elderly woman in chronic poor health over the age of 83. (Compl. ¶2.) Defendant OMID ADHC Corporation (“OMID”) owns and manages an adult day care facility called Sinai Adult Day Health Care (“Sinai”). (Id. ¶9.) Plaintiff goes to Sinai three times of week. (Id. ¶12.) OMID provides tr...

Excerpt: ...nd fell on a parkway that was uneven and contained jagged bricks. She was being transported in a van driven by Defendant Spencer Wray (“Wray”), an employee of Defendant the City of Culver City (“City”). Wray placed Plaintiff's walker on the raised and uneven brick parkway. Once Plaintiff got to her walker, she released the brake and attempted to walk forward only to fall backward after snagging on the edge of one of the raised bricks. Pla...

Excerpt: ...orizon”) for breach of contract relating to a single-family residence located at 37 Twiggs in Irvine, California (the “Subject Property”). Yip alleges that Eastern Horizon has refused to sell the Subject Property to her at an agreed-upon price. On August 9, 2022, Eastern Horizon filed a cross-complaint relating to the Subject Property against Yip and Home Surface, Inc. dba Spectrum Realty (“Spectrum”) for breach of a lease agreement and...

Excerpt: ...tion company. Plaintiff Victor Alexandroff's home sustained water damage. (First Amended Complaint (“FAC”) ¶17.) He hired Defendant D&A Endeavors Inc. dba ServPro of Beverly Hills/Westwood to perform cleaning and restoration services and to prepare estimates that Plaintiff could then use to file a claim with his insurer. (FAC ¶¶19-21.) Plaintiff alleges that Defendant's estimates were so “poorly contrived” and full of errors, he fired ...

Excerpt: ...len Karen Lang BACKGROUND This action arises from breach of a car sales contract. Plaintiff Santander Consumer USA Inc. dba Chrysler Capital (“Chrysler”) is the assignor of a contract (the “Contract”) with Defendant Ellen Karen Lang to purchase a 2019 Jeep Cherokee VIN No. 1C4PJLLB7KD247781 (the “Car”). The Contract is in default, with a balance due and owing as of the filing of this action in the sum of $29,806.02 together with other...

Excerpt: ...EFAULT MOVING PARTY: Defendant Marc Palazzo RESPONDING PARTY: Plaintiff Edwin Solorzano as an individual and in the right of and for the benefit of Wholesale Direct Metals BACKGROUND Plaintiff Edwin Solarzano alleges Defendant Marc Palazzo and others embezzled at least $9.65 million from Wholesale Direct Metals (“WDM”), a business that sells precious metals. (Compl. ¶ 23.) Solarzano alleges they did so by buying metals for non-existent custo...

Excerpt: ...ard and Defendant Tony Scott entered into a joint venture agreement (“JVA”) to develop property in Houston, Texas. Scott provided the funds to purchase the property. The project became much more complicated and expensive than anticipated, and Scott wanted to end the partnership and sell the joint venture property. Plaintiffs objected and wanted Scott to continue to fund the project. Scott filed an arbitration demand to dissolve the partnershi...

Excerpt: ...arry RESPONDING PARTY: Defendant People of the State of California by and through the Department of Transportation (erroneously sued as California Department of Transportation) (“Caltrans”) BACKGROUND Adrine Mekertichian was struck by a car and died while crossing Pacific Coast Highway to dine at a restaurant. Plaintiff, the Estate of Adrine Mekertichian, has sued the driver (Sharon Barry), the restaurant (Moonshadows Malibu, Inc.), Caltrans,...

Excerpt: ...nder of title action. Plaintiff 9450 Topanga Properties LLC (“Topanga”) is the present owner of real property commonly known as 9450 Topanga Canyon Blvd, Chatsworth, California (the “Property”). Topanga claims that a deed of trust recorded against the Property and in favor of Defendant Nygard Foundation (“Nygard”) as beneficiary has slandered Topanga's title in the Property. As required in a demurrer, the Court accepts as true the fol...

Excerpt: ...itner BACKGROUND This case is an unlawful detainer action. Plaintiff Tamara Bitner is suing Defendant Marcia Kirschbaum for back rent and possession of property located at 833 Pine St., Santa Monica, CA 90405 Los Angeles County (the “Property”). Trial in this matter was held on August 9, 2023. Defendant failed to appear. Plaintiff was sworn and testified on her own behalf. Plaintiff requests $40,000 for past due rent, $32,000 for holdover fee...

Excerpt: ...N MOVING PARTY: Defendant and Cross-Complainant High Noon Office, LLC RESPONDING PARTY: Plaintiff and Cross-Defendant Shegerian & Associates, APC BACKGROUND This action arises from a breach of a commercial lease located at 225 Santa Monica Boulevard, Santa Monica, California (the “Building”). In March 2019, Defendant High Noon Office LLC (“Landlord”) acquired the Building and its leases from Samo Clocktower, LLC (“Samo”). (Undisputed ...

Excerpt: ...d Earl Christensen, individually and as successor in interest to Eric Johnson Christensen has brought a wrongful death and survival action against Osman. Plaintiff has also sued the owners of the car, Defendants Silk Road Souq and Lama Nakami. The operative complaint alleges claims for negligence and negligent entrustment. Osman has been charged with vehicular manslaughter in violation of Penal Code 192(c)(2). The criminal proceeding arises from ...

Excerpt: ...e of gummy candies in accordance with certain specifications: (1) formulation of three flavors of the products working with food scientists to ensure that the products met Plaintiff's strict requirements and expectations; (2) finding the right co-packer/co-manufacturer(s) and product blenders who would manufacture the products and then to work with those companies to ensure production met Plaintiff's specifications; (3) finding and sourcing all i...

Excerpt: ...ns of the Unruh Civil Rights Act (“Unruh”). Plaintiff Anthony Bouyer requires leg braces and uses a walker or wheelchair for mobility. (Compl. ¶1.) Plaintiff is an ADA tester which is an individual with a disability who visits businesses to determine their compliance with the American Disabilities Act (“ADA”). (Id. ¶8.) On May 22, 2023, Plaintiff visited a gas station owned by Defendant World Oil Corp. (Id. ¶¶2-4, 11 .) During his vis...

Excerpt: ... is a dispute between neighbors. This matter is one of two lawsuits between Northwestern Engineering Company (“NWE”) and Joseph Shemaria (“Shemaria”). The first action was filed on November 1, 2017 under case number SC128312 (“Shemaria I”), and the second action was filed on May 24, 2022 under the above-captioned case number (“Shemaria II”). Shemaria I arose out of NWE's claim to a prescriptive easement in a narrow walkway running...

Excerpt: ...rson RESPONDING PARTY: Defendant Los Angeles Metropolitan Transporation Authority BACKGROUND This is a wrongful death case. On or about January 15, 2019, Ronnie Solomon (“Decedent”) exited a Metro Expo Line train at the 17th St. Station in Santa Monica. Both the train and the station were owned, controlled, and operated by Defendant Los Angeles County Metropolitan Transportation Authority (“METRO”). (First Amended Complaint (“FAC”) ¶...

Excerpt: ...0000 Property, LLC RESPONDING PARTY: Justin Ligeri BACKGROUND This case arises from a landlord tenant dispute. Plaintiff SM 10000 owns property located at 10000 Santa Monica Boulevard, Unit 3403, Los Angeles, California (the “Property”). Plaintiff entered into a one-year lease agreement (“Lease”) with Defendants Justin Ligeri, Christina Pecci and Cheyenne Brands LLC to rent the Property. The parties then entered into a second six month Le...

Excerpt: ...partment) RESPONDING PARTY: Plaintiffs Baldev Devgan and Manju Devgan BACKGROUND Plaintiffs Baldev Devgan and his wife Manju Devgan, allege that employees of the City of Santa Monica (the “City”) were negligent in their response to Manju's 911 call, reporting that Baldev had fallen and hit his head on the bathtub in an upstairs bathroom in their home. (Compl. ¶¶ 12-13.) Plaintiffs allege City employees (unnamed EMTs and Firefighters, the Do...

Excerpt: ...ay LLC RESPONDING PARTY: Defendants Third Point Land Company, LLC and Kelemen Company, LLC BACKGROUND This case arises from a dispute between a buyer and seller of undeveloped land located in the City of Malibu (the “Property”). Plaintiff Civic Center Way, LLC (“CCW”) bought the Property from Defendant Third Point Land Company LLC (“Third Point”) for an initial purchase price of $6 million with a residual purchase price of up to $4 mi...

Excerpt: ...h Health, Inc. (“SSI”) filed a complaint against Defendants Mercenary Consulting, LLC, Mercenary Holdings, Inc., Mercenary Strikepoint, LLC, Mercenary Ventures, LLC, The Mercenary Collective, LLC, Semper Industries, LLC, Adam Louras, Austin Murray, Jacob Timony, and DOES 1-20, inclusive (collectively, “Defendants”), alleging: 1. Fraud in the Inducement 2. Fraud—Intentional Misrepresentation 3. Unfair Business Practices 4. Breach of Cont...

Excerpt: ...laintiff Har-Bro West, Inc. to perform restoration services. Plaintiff Blusky Restoration Contractors LLC alleges that it subsequently took over the work from Har-Bro and in May 2020, acquired all contracts and accounts receivable from Har-Bro. (First Amended Complaint (“FAC”) ¶9.) In July 2020, Blusky filed a mechanic's lien against the Property, claiming it had supplied over $1.8 million in labor, services, equipment and/or material to the...

Excerpt: ... FOR JUDGMENT ON THE PLEADINGS BACKGROUND This action arises from a breach of a commercial lease. Defendant High Noon Office, LLC is the Landlord, and Plaintiff Shegerian & Associates APC f/k/a Shegerian & Associates Inc. is the Tenant. Tenant leases the 4 th and 7 th floors of a commercial office building known as the Clocktower Building, located at 225 Santa Monica Boulevard, Santa Monica, California (the “Property”). Tenant brought an acti...

Excerpt: ... Doe allege they suffered sexual abuse at the hands of Kermit “KC” Castellanos while they were minors. Defendants are the Diocese and the Parish where Castellanos was an associate rector and later the rector. The complaint alleges causes of action for (1) sexual battery of a minor, (2) battery, (3) negligent hiring, and (4) negligent supervision of a minor. After a full day of mediation on April 27, 2023, Plaintiffs and the Diocese entered in...

Excerpt: ...ff's Department) RESPONDING PARTY: Plaintiff Jane Doe BACKGROUND This case arises out of an alleged assault and battery. Plaintiff Jane Doe alleges that she was sexually assaulted and battered by two Los Angeles Sheriff's deputies during the course of her arrest at The Abbey Food & Bar in West Hollywood. Plaintiff alleges the deputies unclasped her bra, groped her breasts and asked her to remove her underwear in order to view her vagina. The oper...

Excerpt: ...rt and Final; Smart and Final Stores, LLC BACKGROUND This is a trip and fall case. While a customer at Defendants Bodega Latina Corporation dba Smart and Final and Smart and Final Stores, LLC, Plaintiff Bahram Feispor tripped and fell over a protruding corner of a pallet, allegedly suffering severe bodily injury. Plaintiff filed a complaint for negligence and premises liability against Defendants on November 15, 2022. This hearing is on Plaintiff...

Excerpt: ...Wayne J. Saks BACKGROUND This case arises from an assault and battery in the parking garage of a condominium complex located at 277 South Spalding Drive, Beverly Hills, California (the “Property”). Plaintiff Wayne J. Saks claims he was viciously attacked by Defendant Pascal Landi because Plaintiff parked in a pre-assigned parking space belonging to Landi. (Undisputed Material Facts (“UMF”) Nos. 22-25.) Landi is a resident at the Property ...

Excerpt: ...dispute over a billboard lease. Plaintiff Rittersbacher Sunset LLC was the owner of the real property located at 8300 West Sunset Boulevard, West Hollywood California (“Property”), which was the previous site of the Hollywood Standard Hotel. Plaintiff claims Defendants Osik Media LLC (“Osik”) and Nicholas Petralia (“Petralia”, and together with Osik, the “Osik Defendants”) wrongfully possessed and held over a portion of the Proper...

Excerpt: ... individually and through his successor in interest, Catherine Logerot RESPONDING PARTY: Defendants 13000 Victory Boulevard LLC, Windsor Gardens Healthcare Management Inc. and S&F Management Company, LLC BACKGROUND This action arises from a claim of elder abuse. Defendant 13000 Victory Boulevard LLC is a licensed 24-hour nursing facility (the “Facility”). (Compl. ¶9.) Defendant Windsor Healthcare Management, LLC (“WHM”) is a managing mem...

Excerpt: ...t Sian Mitchell BACKGROUND This case arises from a bitter dispute between former spouses. Plaintiff Sian Mitchell and Defendant James Thomas were married. (Cross-Compl. ¶6.) Mitchell invested $145,000 in a company owned and controlled by Thomas, known as WTC LA, Inc. (“WTC”). (Id. ¶¶ 9, 11.) The alleged terms of the investment were that (1) Mitchell could invest her cash in inventory for WTC and if WTC earned a profit on such funds, Mitche...

Excerpt: ... dispute. Defendant Satish Dass was a business associate of Plaintiff Paul Edalat. (Compl. ¶193.) In 2021, a business dispute arose between them, which continues today. ( Id.) On or about May 21, 2022, Dass came to the gate of the community where Edalat lives. Dass handed to the security officer at the gate a rifle and at the same time told the officer, “I have a problem with Paul Edalat [and two other neighbors of Mr. Edalat.]” ( Id. ¶194....

Excerpt: ... LLC (“CVS”) RESPONDING PARTY: Plaintiff Mehdi Mohammadi BACKGROUND This case arises from an assault and battery outside a CVS store. The shopping center where the CVS is located was owned by Auerbach. (CVS' Undisputed Material Fact (“UMF”) No. 2.) Auerbach contracted with Kennedy-Wilson to manage and supervise the shopping center. (UMF No. 3). Kennedy- Wilson in turn contracted with Picore to provide security services for the shopping ce...

Excerpt: ...Holdings, LLC RESPONDING PARTY: Defendants Steven Marrs and Courtney Hazlett BACKGROUND This is an unlawful detainer action. Plaintiff Mayfair Monarch Holdings LLC is the Landlord and Defendant Steven Marrs is the Tenant for premises located at 5825 W. Seaglass Cirle, Playa Vista, California (the “Premises”). In May 2023, Plaintiff's counsel notified the Court that the parties reached a settlement, and the Court set an Order to Show Cause (�...

Excerpt: ...750 MOVING PARTY: Defendant American Honda Motor Company, Inc. RESPONDING PARTY: Plaintiffs Crown Coachworks, Inc. and the Jacob & Martine Dunkel Family Trust BACKGROUND This case arises from a fire at a business owned by Plaintiffs Crown Coachworks, Inc. and the Jacob & Martine Dunkel Family Trust. Plaintiffs allege the fire was due to a lithium ion battery in a 2014 Honda Accord Hybrid manufactured by Defendant American Honda Motor Company, Inc...

Excerpt: ...ross-Complainant Aurice Veloso BACKGROUND This case arises from an employment dispute. Defendant Aurice Veloso was a caregiver for Plaintiff Leo David and his late wife, Ruth David. (Compl. ¶¶ 7-8.) Plaintiff alleges Defendant stole monies and personal property and engaged in financial and physical elder abuse. ( Id. ¶¶ 11-30.) The operative complaint alleges eleven claims for: (1) Elderly Abuse; (2) Intentional Infliction of Emotional Distre...

Excerpt: ...Development, LLC, Confluential Productions, LLC, Black Love Inc., and T. Edward Oliver, Inc. RESPONDING PARTY: Plaintiff Adam Platzner BACKGROUND This case arises from a dispute between former alleged partners in several entertainment production companies. Plaintiff Adam Platzner alleges he was instrumental in helping Defendants Thomas (or Tommy) Oliver and Codie Elain Oliver secure financing and backing for their film projects. He was so essenti...

Excerpt: ...R ATTORNEYS' FEES MOVING PARTY: Defendants Essex Marina City Club L.P. and Seabreeze Management Company Inc. RESPONDING PARTY: Plaintiff Elena Mondragon, an individual and derivatively on behalf of Marina City Club Condominium Owners' Association BACKGROUND Plaintiff Elena Mondragon is a former unit owner at the Marina City Club property in Marina Del Rey, California. Defendant Seabreeze Management Company, Inc. (“Seabreeze”) is the former pr...

Excerpt: ... a breach of a lease agreement. Plaintiff Dakota Financial LLC (“Lessor”) entered into a lease agreement with Defendant Family Pride Trucking Co. LLC (“Lessee”) on June 29, 2021 (the “Lease”) for a 2016 Freightliner Cascadia. Defendants Rosa Elena Hernandez and Jose Maria Hernandez (“Guarantors”) executed two separate guarantees (the “Guaranty”), which guaranteed payment by Lessee of all sums to be paid under the terms of the ...

Excerpt: ...CERTIFICATE OF CORROBORATIVE FACT BACKGROUND This case arises out of an alleged sexual abuse of a minor. Plaintiff alleges she was abused by a teacher employed by John Doe 1 (“Doe”) in 1974, when she was only 14 years old. (First Amended Complaint (“FAC”) ¶¶13-15, 18.) Plaintiff alleges she was “groomed” by the teacher on school grounds. ( Id. ¶¶ 18-20). Eventually, Plaintiff visited the teacher off school grounds at the teacher's...

Excerpt: ...ION FOR PROTECTIVE ORDER BACKGROUND This case arises from a dispute among the shareholders of Defendant Wholesale Direct Metals (“WDM”), a business that sells precious metals to the public. WDM is a closely held corporation with, at one point, only five shareholders. (Hawley Decl. ¶ 5.) The shareholders had a long and contentious relationship. ( Id. ) After almost ten years in business together during which there was constant hostility, anim...

Excerpt: ...cher BACKGROUND This action arises from breach of contract. Plaintiff Bradley Fischer is a film producer, while Defendant New Republic Pictures, LLC is in the business of film and television production and financing. (First Amended Complaint (“FAC”) ¶¶ 1-2.) According to FAC, Dmitry Rybolovev, a Russian billionaire, was the indirect majority shareholder of Defendant. He held two-thirds of Defendant through a series of holding companies. His...

Excerpt: ...ores and Katherine Flores BACKGROUND This case arises from a landlord tenant dispute. Plaintiff Roberto Soofiani owns property located on Jefferson Blvd in Los Angeles. Soofiani alleges that he entered into a lease (“Lease”) with Defendant Don Chuy's Restaurant LLC (the “LLC”). Defendants Jose Jesus Flores and Katherine Flores (collectively “the Flores”) are managing members of the LLC. Soofiani alleges that when Defendants surrendere...

Excerpt: ... provides an online platform through which third parties can sell products. Plaintiff Eric Mendoza created a third party seller account on Amazon, under the name “Works Concepts, Inc.”, which sells automotive parts and accessories. (Compl., ¶8.) All third party sellers must accept and agree to Amazon's Business Solutions Agreement (“BSA”) as a condition for selling on Amazon.com. (Lake Decl. ¶¶4-5.) The BSA contains a mandatory arbitra...

Excerpt: ...arises from a dispute between two former partners in a venture capital business called Zuma Partners. (Compl. ¶2.) Plaintiff David Carter claims that Defendant Yuan Shi misappropriated his name, photograph and likeness to launch a new venture capital fund called AI List. (Compl. ¶3.) Defendant allegedly raised money for his new fund by using Plaintiff's identity to raise money from many of the same investors who had invested with Zuma Partners....

Excerpt: ...is action, Plaintiff Edgar Meinhardt alleges Defendants 1 misrepresented the terms of a home loan, including the amount of the loan, and then wrongfully foreclosed on his home (the “LA action”). The property at issue is located at 10936 Pacific View Drive, Malibu, California in Ventura County (the “Property”). Meinhardt alleges sixteen causes of action for (1) violation of Civil Code §2923.5, (2) wrongful foreclosure, (3) set aside forec...

Excerpt: ...ndants Luis Soliz and Picasso Aquariums, LLC BACKGROUND Plaintiff Soma Surgery Center owns a saltwater aquarium with exotic and expensive fishes. It hired Defendants Luis Soliz and Picasso Aquariums, LLC to clean the tank. Plaintiff claims that while cleaning the tank over the course of several days, Defendants turned off the filters, which also turned off the tank's oxygen. Plaintiff expressed concern to Defendants that the fishes were being dep...

Excerpt: ...ita Medina BACKGROUND This is a premises liability claim. Plaintiff Margarita Medina fell on a sidewalk and parkway abutting property owned by Defendant Heather Village Home Owners Association (“HOA”). On September 6, 2020, Plaintiff was dropped off by Spencer Wray, an employee of the City of Culver City, adjacent to 6449 Green Valley Circle, which is owned by the HOA. Wray is a co-defendant in this case. Plaintiff is disabled and requires a ...

Excerpt: ...SPONDING PARTY: Defendants and Cross-Plaintiffs Bagram and Susanna Mardirossian BACKGROUND This case involves a dispute over parking spaces. Plaintiffs George C. Kopek, Toni Kopek and Richard Lee live in a condominium building in Pacific Palisades and claim ownership of two parking spaces, G114 and G116. They contend Defendants Bagram and Susanna Mardirossian are illegally occupying the spaces. They have also sued their homeowners association, Ca...

Excerpt: ...PONDING PARTY: Defendant People of the State of California by and through the Department of Transportation (erroneously sued as California Department of Transportation) (“Caltrans”) BACKGROUND Adrine Mekertichian was struck by a car and died while crossing Pacific Coast Highway to dine at a restaurant. Plaintiff, the Estate of Adrine Mekertichian, has sued the driver (Sharon Barry), the restaurant (Moonshadows Malibu, Inc.), Caltrans, and the...