Excerpt: ... and Sim Bilal (“Bilal”) (collectively, “Plaintiffs”) filed this action against Defendants Caruso Management Company, LTD. and GMF, LLC.[1] Caruso Management Company, LTD. and GFM, LLC are referred to jointly herein as “Defendants.” Plaintiffs' Complaint asserts causes of action for (1) violation of California Constitution, Article I, § 2 (as-applied content-and viewpoint-discrimination); and (2) violation of California Constitution,...

Excerpt: ...or quiet title was filed on March 3, 2020. On February 17, 2022, the operative Second Amended Complaint (“SAC”) was filed. The SAC alleges in pertinent part, “Defendant IRELA ARANA… is an individual who now resides in the State of Texas and who asserts complete ownership of the subject property…. Plaintiff alleges that he has been the constructive partial owner of the subject property… for at least the past 20 to 25 years.” (SAC ¶2...

Excerpt: ...t of attachment in the sum of $138,952.80. At the hearing, the court shall consider the showing made by the parties appearin g and shall issue a right to attach order, which shall state the amount to be secur ed by the attachment determined by the court in accordance with Section 483.01 5 or 483.020, if it finds all of the following: 1. The claim upon which the attachment is based is one upon which an attachment may be issued 2. The plaintiff has...

Excerpt: ...NG: 1. Demurrer as to the Second, Fourth, and Fifth Causes of Action are OVERRULED. 2. Demurrer as to the Third and Sixth Causes of Action are SUSTAINED, without leave to amend. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On May 6, 2022, Plaintiff Rosa Blanca Guzman (“Plaintiff”) filed a complaint against Defendant Jose Edwin Madrid, an all persons unknown, claiming, any legal or equitable right, title, estate, lien, easement, or interest...

Excerpt: ...ectural Corporation (“Royal”); Eva Neumann; Wells Fargo Bank, National Association; Western Surety Company; East West Bank; and Does 1 through 100, inclusive. The Complaint lists causes of action regarding the alleged improper depositing of checks. On June 10, 2022, Defendant Western Surety Company filed its General Denial. Defendant Western Surety Company concurrently filed its Verified Cross-Complaint. On July 13, 2022, Plaintiff filed its ...

Excerpt: ... March 4, 2022. The Complaint asserts the following causes of action: (1) Fraud; and (2) Breach of Contract. Defendants IEV FACTORY, INC.; MARTIN KRUSZELNICKI; and YUTAKA MIYAZAKI (collectively “Defendants”) generally demur to both causes of action. First Cause of Action – Fraud The elements of a cause of action for intentional fraud are 1) misrepresentation (false representation, concealment, or nondisclosure); 2) knowledge of falsity (sci...

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: ...tate leasing agreement. The operative First Amended Complaint (“FAC”) alleges as follows. In December 2019, Plaintiff D/AQ Corporation dba Daum Commercial Real Estate Services (“Plaintiff”) entered into an AIR CRE Exclusive Right to Represent for Sale or Lease of Real Property (Non-Residential) Agreement (the “Listing Agreement”) with Defendant Ivan J. Vasilj (“Defendant”) regarding the sale of two of Defendant's properties (the �...

Excerpt: ...keye has thirty days to answer. FACTUAL BACKGROUND This is an action for Breach of Contract stemming from Defendants Continental Casualty Company and Northfield Insurance Company's refusal to defend Plaintiffs Zonwei Shen, Zhong Xin and Sanyiweile, Inc. in an underlying tort claim. The Complaint alleges as follows. Plaintiffs Toiah Gordon (“Gordon”), Morganne Mersadie Root (“Root”) and Karina Carrero (“Carrero”) were sexually assaulte...

Excerpt: ...ST AMENDED COMPLAINT MOVING PARTY: Defendant Richard Dale Gentile, D.D.S. RESPONDING PARTY: N/A Defendant Richard Dale Gentile, D.D.S.'s Demurrer to First Amended Complaint; Defendant Richard Dale Gentile, D.D.S.'s Motion to Strike Portions of Plaintiff's First Amended Complaint The court considered the moving papers filed in connection with these motions. No oppositions were filed. BACKGROUND Plaintiff Rosevianney C. Ogumsi filed this medical ma...

Excerpt: ...is sustained, without leave to amend. Defendant is to give notice. Background This action arises in connection with the employment of Nieves Araujo (“Plaintiff”) by Complete Clothing Co. (“Defendant”). Plaintiff filed a petition (the “Complaint”) to commence this action. The Complaint alleged that Defendant harassed, retaliated, discriminated, and wrongfully terminated Plaintiff because she filed a worker's compensation claim and requ...

Excerpt: ... Motion to Strike Portions to Complaint by Defendant Haruko Minakawa, as Trustee of the Minakawa Trust is DENIED. I. DEMURRER TO COMPLAINT FROM DEFENDANT THOMAS OKABE DBA ALTA PROPERTIES A. Misjoinder of Parties Defendant Thomas Okabe dba Alta Properties demurs to the entire Complaint on the ground that plaintiffs were improperly joined in the action. (CCP § 430.10(d) [allowing for demurrer for misjoinder of parties].) Okabe argues that the “p...

Excerpt: ...her to grant a preliminary injunction, a court weighs the likelihood applicant will prevail on the merits and the comparative harm the parties will suffer if an application does not issue. King v. Meese (1987) 43 Cal.3d 1217, 1227. In actions between landowners based on defendant constructing an unpermitted improvement, plaintiff is generally – but not always -- entitled to a mandatory injunction requiring defendant to remove the encroachment. ...

Excerpt: ...augh (“Plaintiff”) alleges the following against Defendant Darin Hubbard (“Defendant”): On July 30, 2019, Plaintiff and Defendant entered into a residential broker agreement (“Agreement”) for the purchase of real property. Prior to purchasing the property, Defendant allegedly made representations that the HVAC system had no issues and that plumbing inspection was unnecessary. After escrow closed, Plaintiff learned that the property's ...

Excerpt: ...e filed as of September 20, 2022 [ ] Late [X] None REPLY: None filed as of September 20, 2022 [ ] Late [X] None ANALYSIS: I. Background On July 28, 2020, Plaintiff Habashy Law Firm (“Plaintiff”) filed an action against Seun Lee (“Lee”), El Taco of California, Inc. (“El Taco”) and El Taco 2010, Inc. (“El Taco 2010”), (collectively, “Defendants”) for breach of contract. Defendant Lee filed an Answer on September 16, 2020. On Apr...

Excerpt: ...ant Kia Motors America Inc.'s evidentiary objections 6-33 are SUSTAINED. All other evidentiary objections from plaintiffs and defendant are OVERRULED. The parties agree that plaintiffs Gerardo Ruiz and Lupe Ruiz were prevailing parties in this action and, under Civil Code § 1794(d), may recover as part of the judgment a sum to cover attorney fees based on actual time expended and determined by the Court to have been reasonably incurred in connec...

Excerpt: ...] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: Filed on September 8, 2022 [ ] Late [ ] None REPLY: Filed on September 12, 2022 [ ] Late [ ] None ANALYSIS: I. Background On December 15, 2020, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed a complaint against Defendant Dominic Anaya (“Defendant” or “Anaya”) for subrogation, stemming from an automobile accident between Defendant Anaya and a...

Excerpt: ...on against Defendant the Cheesecake Factory Incorporated (“Defendant”) for injuries relating to a trip and fall incident at Defendant's restaurant. At this time, Defendant moves for leave to have Plaintiff undergo a second physical medical examination. Plaintiff opposes the motion, and Defendant filed a reply. [1] 2. Motion for Leave to Take Second Medical Exam Except for defense physicals in personal injury cases (in which one examination is...

Excerpt: ...leave to file a First Amended Complaint TENTATIVE RULING: 1. Motion for Leave to Amend First Amended Complaint is GRANTED. STATEMENT OF MATERIAL FACTS AND PROCEEDINGS: Plaintiffs Endanicha Bragg, Tracy Plummer, and Marisol Romero (“Plaintiffs”) filed an initial Complaint on October 7, 2019, and the operative First Amended Complaint on April 16, 2020. The FAC alleges that the Plaintiffs all became pregnant during the course of their work, and ...

Excerpt: ...re filed. Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b) BACKGROUND This action arises out of an indemnitor/indemnitee relationship. The currently operative complaint (the “Complaint”) alleges: (1) breach of the NBA Indemnity Agreement; (2) specific performance of the NBA Indemnity Agreement; (3) br...

Excerpt: .... B.) Defendants contend the following: (1) this is an improper motion for reconsideration of the Court's August 18, 2022 order sustaining their demurrer to the Fourth Amended Complaint without leave to amend; (2) this motion violates the August 18, 2022 order sustaining the demurrer; and (3) the proposed Fifth Amended Complaint is futile because South Gate Tweedy, LLC, a proposed defendant in the Fifth Amended Complaint, was dismissed in the Aug...

Excerpt: ... LLC RESPONDING PARTY: Plaintiff Corona Medical, Inc. Defendants Anil Donald Mall and Silverlakes Management, LLC's Motion for Leave to File a Cross-Complaint The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiff Corona Medical, Inc. filed this action on October 29, 2020 against Defendants Med Star Hospice Care, Inc. (“Med Star”) and Maria Cecilia Tran (“Tran”). Def...

Excerpt: ...said date the hearing will be placed off calendar. Your hearing date set for ______________, is continued to the first available date of __________ at _____ in Department ____. This checklist provides direction on what information and argument the court requires to grant a motion for preliminary approval of a class action settlement. All parties are urged to carefully review the checklist and fully comply with each item that applies to the case i...

Excerpt: ...22. TENTATIVE: Defendant's motion is denied. Plaintiff is to give notice. Background This action arises out of an ownership dispute in real property located at 1901 E. Carson Street, Long Beach, California (the “Subject Property Property”). Plaintiff is the successor trustee to the BN Family Trust dated June 5, 2000, settled by Behrouz Nopavar (“Nopavar”) on June 5, 2000. Plaintiff claims ownership to the Subject Property, as do Bob Terme...

Excerpt: ...t”) moves for an order to set aside the default entered against him in this action brought by Plaintiff Gabrielle Espinosa (“Espinosa”) (“Plaintiff”) pursuant to C.C.P. §473(b), or in the alternative vacate judgment pursuant to C.C.P. §663. Defendant moves to set aside the judgment on the grounds of “mistake, inadvertence, surprise or excusable neglect” by the defendant's attorney and the Clerk of the Superior Court. (Notice Set A...