Excerpt: ...The arbitration award was entered on April 14, 2021 and Arbitrator Holsinger (“Arbitrator”) granted Respondent The Transportation Corporation's (“TTC”) motion to dismiss. Despite the caption of the Petition only marking the box to “vacate” the award, the body of the Petition shows that Johnson additionally requests the Court to “correct” the award to be in his favor in the amount of $162,000 plus the injunctive relief of reinstate...

Excerpt: ... WITHOUT LEAVE TO AMEND as to the seventh cause of action. The leave to amend is granted to cure the defects identified by the Court and not to add new causes of action. Introduction Defendants One Week Bath, Inc. (“OWB”) and Matt Plaskoff (“Plaskoff”) (collectively “Defendants”) demur to the Complaint filed by Plaintiff/Trustee Grant Norris (“Plaintiff.”) The Demurrer places into issue the First, Third, Fifth, Sixth and Seventh c...

Excerpt: ...dered to provide further verified supplemental responses in Code compliant form within 15 days. Monetary sanctions are awarded against defendant in the sum of $1,500 for discovery abuse without substantial justification and failure to comply with court order, per CCP section 2031.310, payable to client trust account of plaintiff's counsel within 30 days. The court denies the request for prospective monetary sanctions; however, if there is continu...

Excerpt: ... move to abate and enter an interlocutory judgment in Defendants' favor staying Reza Fateh Manesh v Reza Pour, 19STCV09975 (“Damages Action,”) filed by Plaintiff Reza Fateh Manesh (“Plaintiff” or “Manesh,”) until the final determination of Shahla Tehrani Broomand and Reza Fateh Manesh v Reza Manesh, et. al., BC597220 (“Set Aside Action.”) Discussion The Court notes that Defendants appear to be conflating two separate legal theorie...

Excerpt: ... the MSJ and have violated CCP section 437c(b)(3) which states as follows: (3) The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating if the opposing party agrees or disagrees that those facts are undisputed. The statement also shall set forth plainly and concisely any other material facts the opposing party contends are disputed. Each materia...

Excerpt: ...anted. 1. Introduction Defendants Valley Home Health Care, Inc. (“VHHC”), Josefina Sta Maria (“Maria”), and Nancy Navarette (“Navarette”) (collectively, “Defendants”) demur against the Complaint filed by Plaintiffs Abdolreza Bahmanyar and Arnavaz Bahmanyar, individually and as successors-in-interest to Decedent, Mehrangiz Vasigh-Ansari (collectively, “Plaintiffs”). The demurrer places into issue the first cause of action (“C...

Excerpt: ...c. (“Empire”) (collectively “Defendants”) move to vacate the entry of default and default judgment in favor of Plaintiff Paul Alexander Goldenberg, Trustee of the 2005 PIDA Family Revocable Trust (“Plaintiff.”) Discussion Defendants move to vacate default and default judgment under the discretionary provision of CCP sec. 473(b). (Motion pg. 8:7-13.) In support of the motion, Defendants submit the declaration of Chernyavsky to show his...

Excerpt: ... Bunevacz (“Defendants”) demur to Plaintiff's Complaint for unlawful detainer. 2. Discussion Defendants contend that Plaintiff's Complaint should be dismissed because it is completely barred under the Los Angeles County Eviction Moratorium (“Moratorium”). The issue of whether any moratorium(s) may be an affirmative defense is not resolved at the demurrer stage. The court previously held a hearing on the defendants' late service of a COVID...

Excerpt: ...Plaintiffs Rita Dersarkissian and Hoobert Issaian's (collectively “Plaintiffs”) First Amended Complaint. 1. Evidentiary Objections The court rules on the Plaintiffs' evidentiary objections to the Declaration of Eric Johnson as follows: (1) Overruled. (2) Overruled. (3) Overruled. (4) Overruled. (5) Overruled. (6) Overruled. (7) Overruled. 1. Discussion The Court will first address the arguments made as to Plaintiffs' fourth cause of action, a...

Excerpt: .... ___________________________ JEAN M. HERGER, Plaintiff, vs. NVA SOUTH TEMECULA AND MURRIETA OAKS, INC., Defendant. CASE NO: 20VECV01283 [TENTATIVE] ORDER RE: MOTION FOR APPROVAL OF PAGA SETTLEMENT Dept. T 8:30 a.m. Au gust 9, 2021 [TENTATIVE] ORDER: The Motion for Approval of PAGA Settlement is GRANTED. 1. Introduction Jean M. Herger (“Plaintiff”) initiated this action against NVA South Temecula and Murrieta Oaks, Inc. (“Defendant”) unde...

Excerpt: ...ered on record at the Mandatory Settlement Conference on March 4, 2021, and the signed stipulated settlement agreement entered into between Plaintiff and Defendant dated March 12, 2021. 2. DISCUSSION CCP section 664.6 provides that “[i]f the parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for a settlement of the case, or part thereof, the court, upon motio...

Excerpt: ...einafter, “Plaintiff”) move for an order amending the judgment to add CHC Builders Inc. (“CHC”) as a judgment debtor pursuant to Code of Civil Procedure § 187. 2. Procedural Issues The Court grants Plaintiff's request for judicial notice as it relates to Exhibits 1 through 3. 1. Discussion Here, Plaintiff argues that CHC is an alter ego of Defendant Abraham Gottlieb (“Gottlieb”) based on evidence that was presented at trial in this a...

Excerpt: ...Olson (“Defendant”). Defendant filed an Answer on February 26, 2021. On March 29, 2021, Defendant filed the instant Motion for Leave to File Cross-Complaint. To date, no opposition has been filed. Discussion Code of Civil Procedure section 428.50 provides: “(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complain...

Excerpt: ...ys. The Case Management Conference is continued to 10/6/2021 at 8:30 a.m. in Dept. T. CMC Statements are required. Counsel are ordered to meet and confer per CRC 3.724 and 3.727 prior to the CMC. 1. Introduction This is a breach of written contract action arising out of a contract for a home pool construction and renovation project on Plaintiff Kathy Jo McCloskey's (“Plaintiff”) property located at 2780 Hilary Court, Thousand Oaks, California...

Excerpt: ...arising out of a dispute of two neighbors about the construction of a block wall. On April 8, 2021, Plaintiff Jose M. Duarte (“Plaintiff”) filed his complaint against Defendants Samy Tliche, Sonia E. Martinez incorrectly sued as “Soni E. Martinez, (collectively “Defendants”), and Does 1 through 10. Plaintiff asserts four causes of action: (1) nuisance; (2) trespass; (3) permanent injunction; and (4) declaratory relief. Plaintiff alleges...

Excerpt: ...�FAC”) which alleges several causes of action against Defendants Judi Barker (“Barker”), Allstate Property and Casualty Insurance Company (“Allstate”), PennyMac Corp. (“PennyMac” or “Defendant”) Ricco Electric/Construction (“Ricco”), Switch-On Electric Co (“SOE”). Plaintiff alleges the sole cause of action of breach of obligation to pay against Penny Mac. The FAC alleges in pertinent part as follows. On July 9, 2014, the...

Excerpt: ...tary sanctions is DENIED. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: None filed as of July 28, 2021 [ ] Late [X] None REPLY: None filed as of July 28, 2021 [ ] Late [X] None ANALYSIS: I. Background On February 24, 2020, self-represented Plaintiff Jorge Flores (“Plaintiff”) filed an action against Defendant Cag...

Excerpt: ...and request for production of documents (“RPDs”), sets one, on Plaintiff, Mayra Gonzalez (“Plaintiff”) on October 9, 2020. To date, despite an extension of time to respond and attempts to meet and confer, Plaintiff has not served responses. Defendant therefore seeks an order compelling Plaintiff to respond, without objections, to the outstanding discovery and to pay sanctions. Defendants' motions are unopposed and granted. Plaintiff is or...

Excerpt: ...e 4, 2018, Plaintiff Hayk Melkumyan (“Plaintiff”) filed his complaint against Elmer A. Diaz (“Diaz”), KelCapital Investments, LLC (“KelCapital”) (collectively “Defendants”), and Does 1 through 50. The complaint includes seven causes of action: (1) fraudulent inducement; (2) fraud by false promise; (3) breach of contract; (4) money due on default of note; (5) conversion; (6) unjust enrichment; and (7) breach of covenant of good fai...

Excerpt: ...ration dba Aero Chrome Plating, and STL Enterprises, Inc. (collectively, “Defendants”) move for an order granting leave of court to file a cross-complaint against Monet Construction, Inc. pursuant to Code of Civil Procedure §§ 428.10 and 428.50(c). 2. Discussion Here, a review of the proposed Cross-complaint demonstrates that Defendants are seeking to pursue the following causes of action against Monet Construction, Inc.: (1) express indemn...

Excerpt: ...1) breach of contract and (2) bad faith breach of insurance contract. 2. Request for Judicial Notice Defendant's Request for Judicial Notice Nos. 1-2 is DENIED. 3. Discussion Defendant contends that Plaintiff has failed to state his breach of contract causes of action because (1) the Fourth Amended Complaint (“FAC”) impermissibly contradicts allegations in prior pleadings by shifting the blame of failure to set up automatic payments for the i...

Excerpt: ...1. Introduction On April 23, 2021, Plaintiff Sun Crest Partners, LP initiated this residential unlawful detainer action against Defendants David Bunevacz and Jessica Bunevacz. The Bunevaczes moved for dismissal of the action based on COVID‐ 19‐related financial distress. The Court declined to dismiss the case on June 4, 2021. Defendants proceeded to file their demurrer on June 17, 2021, but not before Plaintiff had requested and obtained entr...

Excerpt: ...December 2, 2020, against defendants Califit, Inc. ("Califit") Jason Caramanis, and Pierre Patinwiltz (collectively "Defendants"). On April 12, 2021, the court granted Plaintiff's application for a right to attach order and filed a Right to Attach Order and Order for Issuance of Writ of Attachment against defendant Califit. Defendant Califit was ordered to deposit $109,791.99 with the Clerk of Court upon Plaintiff's filing of an undertaking in th...

Excerpt: .... 1. Introduction Plaintiff Peter Johnson (“Plaintiff”) initiated this action on November 16, 2020, against Defendants FaceCake Marketing Technologies, Inc. (“FaceCake”), Linda Smith, and Ron Smith (collectively, “Defendants”). This action arises out of Plaintiff's employment with Defendants. Plaintiff's First Amended Complaint (“FAC”), filed on April 20, 2021, is the operative complaint. The FAC asserts twelve causes of action ag...

Excerpt: ... issue. 1. Introduction This is a breach of contract action arising out of a breach of a contract and guaranty agreement for merchandise and clothing. On April 15, 2021, Plaintiff The Print Lab, Inc. (“Plaintiff”) filed its operative second amended complaint (“SAC”) against Pink Dolphin Clothing, LLC (“Pink Dolphin”), Neima Khaila (“Khaila”), Cena Barhagi (“Barhagi”) (collectively “Defendants”), and Does 1 through 20. Plai...