Excerpt: ...of Action for Intentional Infliction of Emotional Distres s · 6th Cause of Action for Elder Abus e RULING : Demurrer sustained with leave to amend . SUMMARY OF ACTIO N On September 19, 2023, Plaintiff Elliott Wolfe (Plaintiff) filed a complaint with six causes of action for Assault, Battery, Trespass to Chattels, Conversion, Intentional Infliction of Emotional Distress, and Elder Abuse . Defendant Judith Wolfe (Defendant) previously filed a demu...

Excerpt: ...d with leave to amend SUMMARY OF ACTION Plaintiffs Jessica Andres and Sebastian Keefe (Plaintiffs) filed this case on May 31, 2023. Plaintiff have alleged that a boulder on Defendant Vivian Ajaye's (Defendant) property rolled down and crashed into a retaining wall on Plaintiffs' property. Plaint iffs also allege that their home was damaged by the boulder. Plaintiffs allege that they filed this action after they could not resolve the matter with D...

Excerpt: ...ed. SUMMARY OF ACTION Plaintiffs Aqua Blue Construction, Inc., and Britton Rodne Juliet (Plaintiffs) filed this action on May 31, 2022, after Defendant John Goshorn (Defendant) allegedly failed to pay for change orders to a pool and spa construction contract. This Court ordered the parties to arbitration on December 29, 2022, based on arbitration agreement in the parties' pool and spa construction contract, dated April 29, 2021. On June 13, 2023,...

Excerpt: ... Albert Dib (Plaintiff) sued Defendants Habibollah Elahinejad and LA Home Improvement, Inc. (Defendants) for a breach of lease. After a bench trial, Plaintiff prevailed on his breach of lease claim. Judgment was entered in Plaintiff's favor on Jan uary 12, 2024, and Plaintiff was awarded $472,096.00 in damages. A provision of the lease agreement between Plaintiff and Defendants allows Plaintiff to recover attorney fees if he needed to bring an ac...

Excerpt: ...es, and costs and to stay proceedings RULING : Motion denied SUMMARY OF ACTION In 2015, Plaintiffs People of the State of California and the County of Los Angeles (Plaintiffs) filed an enforcement action against Defendant Barton Wayne Fishback (Defendant) and his company ABC Waste after they converted over 100 acres of undeveloped mo untainous land into a dump. Defendant was depositing construction waste material into the hillside without an appr...

Excerpt: ... ACTION This case involves a motor vehicle collision between Plaintiff Juan Parra Ospina (Plaintiff) and Defendant Dana Smaldino -Holroyd (Defendant). Defendant propounded discovery requests, and including requests for production, on Plaintiff on December 18, 2023. After Defendant gave Plaintiff a couple of extensions to respond, Plaintiff served his responses on February 15, 2024. On March 12, 2024, counsel for Defendant sent Plaintiff's counsel...

Excerpt: ...f) has filed a motion to enforce stipulated judgment pursuant to CCP § 664.6. Plaintiff filed this motion because Defendants Ashley Christine Booker and Christopher Devon Booker (Def endants) have not complied with the terms of a written settlement agreement made between the parties on March 12, 2024. Pursuant to the terms of the parties' agreement, Defendants were to vacate the premises by March 31, 2024, and pay a total sum of $18,000. By Marc...

Excerpt: ... OF ACTION In September 2021, Defendant David Simon dba ShanCor (ShanCor) entered into a contract with “Village Fuel Shop,” which was owned by Vazgen Khirmian, to repair some fuel tanks for Village Fuel Shop. Khirmian and Peter Pummarachai (aka Defendant Virachai Pum marachai), the project manager for ShanCor, signed the contract. Defendants represented to Plaintiff that the work was completed. Plaintiff filed this action after discovering th...

Excerpt: ...tion is granted. SUMMARY OF ACTION Petitioner Juan Jose Dario Lopez (Lopez) was a resident of a senior housing facility in Valencia, California, that was owned and managed by County of Los Angeles Development Authority (LACDA). Lopez alleges that on June 16, 2023, due to an unsafe condition at the senior housing facility, he fell down multiple stairs and suffered severe injuries. The senior housing personnel were promptly notified of the accident...

Excerpt: ...rises from Plaintiffs Araceli and Anthony Miceli's (Plaintiffs) purchase of an allegedly defective 2021 Chevrolet Silverado. On December 14, 2022, Plaintiffs filed a Complaint against Defendant General Motors, LLC (Defendant) for violations of the Song -Beverly Act. Plaintiffs propounded Requests for Production, Set Two, on Defendant on August 25, 2023. On September 26, 2023, Defendant served its unverified responses to Plaintiffs' Requests for P...

Excerpt: ...im for exemplary punitive damages] RULING : Demurrer is sustained without leave to amend. Motion to strike is moot. SUMMARY OF ACTION Plaintiffs Jacek Lodl and Barbara Lodl (Plaintiffs) are the successors in interest to Decedent Michal Lodl. Plaintiffs allege that Michal, who was their son, was seeing a therapist employed by Defendant Child and Family Center (Defendant). Plaintiffs alleg e that Michal suffered from post-traumatic stress disorder,...

Excerpt: ...Action for Conversion · 5th Cause of Action for Intentional Infliction of Emotional Distress · 6th Cause of Action for Elder Abuse RULING : Demurrer sustained with leave to amend. SUMMARY OF ACTION On September 19, 2023, Plaintiff Elliott Wolfe (Plaintiff) filed a complaint with six causes of action for Assault, Battery, Trespass to Chattels, Conversion, Intentional Infliction of Emotional Distress, and Elder Abuse. It is unclear from the compl...

Excerpt: ...s is a breach of contract, fraud action brought by Plaintiff Superior Construction Group, Inc. dba Superior Construction (“Plaintiff”) against several defendants. The operative First Amended Complaint filed on December 8, 2023, alleges that Plaintiff en tered into an agreement with some defendants to provide construction services, material, and equipment, but the defendants refused to pay Plaintiff after Plaintiff provided those services. On ...

Excerpt: ...ean Cooper sued defendant Alpha Beta Company d/b/a Food 4 Less (erroneously named as “Food 4 Less of California, Inc.”), Kroger, and Does 1 through 50 on November 28, 2023. Defendant Food 4 Less now moves to compel responses to its Form Interrogatories, Special Interrogatories, and Requests for Production of Documents, and requests sanctions in connection with each motion. ANALYSIS Legal Standard Pursuant to Code of Civil Procedure section 20...

Excerpt: ... on January 11, 2023. He filed his operative first amended complaint (FAC) on June 20, 2023. As relevant here, his FAC contains causes of ac tion for: 7. Violation of the Consumer Legal Remedies Act (CLRA), and 8. Violation of the Magnusson-Moss Warranty Act (MMWA). Defendant Ford Motor Company (Defendant) now moves for judgment on the pleadings as to each of these causes of action. Defendant contends, first, as to the seventh cause of action, th...

Excerpt: ...defendant Jane Cohen on August 23, 2022, for (1) breach of contract, (2) intentional misrepresentation, (3) negligent misrepresentation, and (4) violation of the Civil and Public Resources Codes. Vershinin alleges he purchas ed a commercial property (Property) from Cohen in November 2020. Before the parties executed their purchase agreement (Agreement), Vershinin informed Cohen that he intended to use the Property to build a fuel station, truck s...

Excerpt: ...omplaint appears to be grounded in a breach of contract claim and alleges $60,000.00 in damages and $15,000.00 in attorney's fees. (See generally, the Complaint.) The motion before the Court now is Defendant's Demurrer to the Complaint. No opposition has been filed. II. DISCUSSION Meet and Confer “Before filing a demurrer…the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject ...

Excerpt: ...efendant Fames Transport, Inc.'s duty and hold Defendant Fames Transport Inc. vicariously liable for the negligent acts of their independent contractors. RULING: GRANTED I. BACKGROUND On May 28, 2021, Chad Perrigo (Chad) and Alexa Perrigo (collectively, Plaintiffs) filed a Complaint against several defendants after Chad suffered a head -on collision with a truck driven by Jorge Edmondo Castaneda Rodriguez (Castaneda). The operative Third Amended ...

Excerpt: ...contractual fraud case against Defendants Brian M. Godley; Mohammed Rahman; Picture Build, a California Corporation; and DOES 1 -10 (Defendants), inclusive. The Complaint asserts causes of acti on for breach of contract; breach of covenant of good faith and fair dealing; breach of fiduciary duty; fraud; violation of Cal. Penal Code § 496; violation of Cal. Labor Code §§ 1194, 201- 203, 226 and 558.1; access to corporate books and records; viol...

Excerpt: ...intiff John Labidi (Plaintiff) filed a Complaint against Defendant John Bratton (Defendant) for unlawful detainer. The Complaint alleges Plaintiff is the owner of the premises located at 17011 Gledhill Street, Northridge, CA 91325 (the Premises). (Compl., ¶¶3(a), 4.) The Complaint further alleges on May 10, 2021, Plaintiff and Defendant entered into a written agreement for Defendant to rent the Premises for $7,200.00 per month. The Complaint al...

Excerpt: ...023, Plaintiff Juan Gonzalez Perez (Plaintiff) filed this lemon law case against Defendant FCA US LLC (Defendant). Defendant propounded discovery on Plaintiff on August 18, 2023. On September 18, 2023, Plaintiff served responses to Defendant's requests for production. On October 18, 2023, Defendant's counsel sent Plaintiff's counsel a meet and confer letter regarding P laintiff's response to Request for Production No. 20. After some back and fort...

Excerpt: ... out of a vehicle collision that occurred on July 6, 2021. Plaintiff Czarina Claire Barit (Plaintiff) has sued Anusha Gerard Silva and Defendant Enterprise Rent -A- Car Company of Los Angeles, LLC (Defendant) for one cause of action for neg ligence. It is unclear from Plaintiff's complaint, filed on June 26, 2023, who was driving the vehicle that caused the collision and what Defendants' relationship is to each other. Defendant filed its demurrer...

Excerpt: ...ctions is granted. SUMMARY OF ACTION Plaintiff Rody Castroll (Plaintiff) filed this action against Defendant Los Angeles Sheriff's Athletic Association (Defendant) and other defendants on August 9, 2019. Defendant was not served with this lawsuit until December 7, 2021. On November 21, 2022, Defendant served Form Interrogatories, Set Two, to which Plaintiff never replied. On December 5, 2023, this Court entered an order compelling Plaintiff's res...

Excerpt: ... · 5th Cause of Action for Declaratory Relief RULING : Demurrer is sustained with leave to amend for the First, Second, Third, and Fourth Causes of Action, Demurrer is sustained without leave to amend for the Fifth Cause of Action. SUMMARY OF ACTION On May 19, 2023, Plaintiff Jesus Santana (Plaintiff) filed his complaint with five causes of action for (1) Breach of fiduciary duty and duty of loyalty; (2) fraud- concealment; (3) negligence; (4) p...

Excerpt: ...f's responses to Defendant's Form Interrogatories is granted. SUMMARY OF ACTION On September 19, 2023, Defendant San Fernando Valley Community Health Center (Defendant) served Plaintiff Alfonso Star (Plaintiff) with Form Interrogatories, Set One. Defendant represents that Plaintiff did not serve responses by the deadline of October 25 , 2023. Defendant filed this motion on December 14, 2023. Defendant seeks an order compelling responses to the fo...