Excerpt: ... LLC (“Defendant,” “CCM,” or “Consequent”) in “the sum o f $448,000.00, with prejudgment interest, costs and attorneys' fees in amounts to be determined through post- trial proceedings.” (January 30, 2024 Judgment.) Plaintiff now moves to recover $89,800 in attorneys' fees pursuant to Code of Civil Procedure section 2033.420 based on Defendant's failure to admit that it owed Plaintiff $448,000 in response to Plaintiff's requests f...

Excerpt: ... orally requested a loan forbearance. Also, the purported Trustee, Integrated Lender Services, relates to no existing substitution of trustee. The causes of action in the First Amended Complaint (“FAC”) are: 1) Violation of Civ. Code § 2923.5; 2) Violation of Civ. Code § 2924(a)(1); 3) Violation of Civ. Code § 2924.9; 4) Wrongful Foreclosure; 5) Interpleader Pursuant to Code Civ. Proc. §386, Civ. Code §§ 2924j and 2924k; 6) Unfair Busin...

Excerpt: ...(“Marquez”) obligations to Bank. The court has read and considered the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Bank commenced this proceeding on December 4, 2023, against Respondent Marquez dba Marquez Denim Care as a Request for Order Appointing Receiver for the limited purpose of permitting entry and inspection of the Property, pursuant to Civil Co...

Excerpt: ...report, she saw that she had a debt of $45,653.85 to CBB for Antelope Valley Hospital. Plaintiff sta tes she then spoke to Antelope Valley Hospital's billing department and was told that the debt was forwarded to CBB and Antelope Valley Hospital would not discuss the matter with her. Plaintiff alleges she then went to medical records; obtained her medical record; saw that the medical record did not contain notes regarding approval from the insura...

Excerpt: ...rned twice and (1) was told from an unknown source that the restroom was not available, but was bein g worked on; and (2) was told by some bikers that someone had overdosed on drugs in the restroom and the restroom had been welded shut. Plaintiff presents that, on the third time, after talking to the bikers, he returned inside the Arco AM/PM and confirmed the information with Maggie who informed him that the restroom door was welded shut several ...

Excerpt: ...ry 30, 2024, plaintiff Souzan Gendy (Plaintiff) filed this action against defendants County of Los Angeles (County), FALCK Mobile Care Corp., FALCK USA, Inc. (collectively, Defendants), and Does 1 through 10, alleg ing causes of action for general negligence and strict liability. On March 19, 2024, County demurred to the complaint. On April 17, 2024, Plaintiff opposed the demurrer. On the same date, Plaintiff dismissed the Second Cause of Action ...

Excerpt: ...�) (jointly, “Plaintiffs”) filed the instant collateral action against Defendants Jong Han Lee (“Jong”), Bow Tie Realty and Investment, Inc. (“Bow Tie”), RSM Properties , Inc. (“RSM”), Michael I. Kim (“Kim”), Unity Escrow, Inc. (“Unity”), Ticor Title Company of California (“Ticor”), and Douglas Chadwick Biggins (“Biggins”) (collectively, “Defendants”). The Complaint asserts the following six causes of action: (...

Excerpt: ...28, 2023. Plaintiff alleges the following facts. Plaintiff was injured by a pallet being carried by a forklift operated by Defendants on property owned or controlled by Defendants. Plaintiff alleges the following caus es of action. 1. Negligence; 2. Negligent Hiring, Retention, and Supervision; 3. Premises Liability. Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. ( Schmidt v. Foundati...

Excerpt: ...Vice President. In 1996, Plaintiff alleges an oral agreement, whereby defendant, company owner and president of Wild Win and Canay Manufacturing, Earl Bayless, offered 20% of “proceeds,” if Plaintiff stayed on as an employee. The promise was reiterated in “the early 2000's.” In 2021, Bayless represented the sale of both companies to private equity firm, defendant Tide Rock Holdings, LLC. When Plaintiff mentioned the 20% agreement, Bayless...

Excerpt: ...s third lawsuit against Defendant concerning these same allegations. In Los Angeles Superior Court case numbers 19STLC08450 and 20STLC07641, demurrers were sustained without leave to amend and the actions were dismissed. San Gabriel filed the instant demurrer on November 14, 2023. It is unopposed. Before the Court are San Gabriel's challenges to the first amended complaint. San Gabriel alleges that: (1) the first amended complaint fails to state ...

Excerpt: ...d into issue the first cause of action (COA) for discrimination (age/disability); the second COA for negligence, the third COA for elder abuse, the fourth COA for breach of contract, the fifth COA for breach of warranty of habitability, a nd the sixth COA for Civil Code section 1942.5(a) violation. Discussion Defendants argued that the second COA for negligence, the fourth COA for breach of contract, and the fifth COA for breach of warranty faile...

Excerpt: ...he court sustains Defendants' demurrer as to each of the Complaint's causes of action with 20 days leave to amend. I. BACKGROUND On January 23, 2024, Plaintiff Aladdin Dinaali (“Plaintiff”) filed this action against Defendants Bridge Property Management, LC (“Bridge”); Lewis Brisbois Bisgaard & Smith LLP (“LBBS”); James E. Murphy (“Murphy”); American Legal Investigation Services Nevada, Inc.; Gabriela Melendez; and Deyber Jimenez....

Excerpt: ...es 1 to 50 for injuries arising from a motor vehicle incident On March 28, 2022, Alverson filed an Answer to Plaintiffs complaint and filed a cross-complaint agamst Roes 1 to 25 for (1) equitable indemnity, (2) contribution, (3) express indemnity, and (4) declaratoty relief. On Januaty 27, 2023, Alverson filed amendments to the cross-complaint naming the City of Los Angeles as Roe 1 and Roberto Sandoval ("Sandoval M) as Roe 2. Sandoval now demurs...

Excerpt: ... Action for Violation of Business and Professions Code § 17200 · 4th Cause of Action for Violation of Business and Professions Code § 17500 · 5th Cause of Action for Violation of the Consumers Legal Remedies Act RULING : Demurrer sustained without leave to amend for the First, Second, Third, Fourth, and Fifth Causes of Action. SUMMARY OF ACTION On September 6, 2019, Plaintiff Hakop Jack Minassian (Plaintiff) visited Defendant Valencia BMW's (...

Excerpt: ... RULING The demurrer is OVERRULED as to the first cause of action in the FAC. Defendants are ordered to file an answer within 20 days. BACKGROUND On December 6, 2023, plaintiff Mahin Golchin filed a complaint against LAX Physical Medicine, LAX Physical Therapy, and Matthew Araghi for general negligence; and against DJO Global, Inc. for product liability. On January 26, 2024, plaintiff filed an amendment designating Doe 1 as Matthew Szkalak. On Ma...

Excerpt: ...er is OVERRULED. The Motion to Strike is DENIED. BACKGROUND: On July 12, 2023, Plaintiffs Territa Avon Calvin, Joshua Harris, Jamari Harris, Jyptian Harris, and Jently Harris filed their Complaint against Long Beach Affordable Housing Coalition, Inc. on causes of action arising from Plaintiffs' tenancy in Defendant's rental unit. On July 14, 2023, the Court appointed Plaintiff Territa Avon Calvin as the guardian ad litem for Plaintiffs Jamari Har...

Excerpt: ...reafter, Design Holdings allegedly invaded Plaintiff's right to privacy without her consent by aiding a third -party company, Salesforce, to secretly eavesdrop, record, and harvest da ta in real time collected from Plaintiff's interaction with Design Holdings' chat box on its website. The Complaint alleges causes of action for (1.) Violations of the California Invasion of Privacy Act (CIPA), and (2.) Violations of the California Unautho rized Acc...

Excerpt: ... been entered on Blackley's cross -complaint. Burnham alleges that while they were a couple they purchased real property together (Palm Property). Burnham alleges it was purchased jointly, but that she learned in 2014 Blackley was the only one on title. This is the second demurrer to the Complaint. On August 31, 2023, the Court sustained the demurrer to the first, second, fourth, fifth and sixth causes of action and overruled the demurrer to the ...

Excerpt: ...d”) bought the multi- family building located at 3750 Jasmine Avenue, Los Angeles, California. (First Amended Complaint (“FAC”) ¶9.) The building consists of 40 units and is governed by the C ity of Los Angeles Rent Stabilization Ordinance (“RSO”). ( Id. ) Landlord entered into a “responsible person agreement” with Defendant Gayle Hooks. ( Id. ¶14.) Under the agreement, Gayle's only responsibility was to report nighttime emergenci...

Excerpt: ...use of action without leave to amend. The motion to strike is MOOT in part and GRANTED with leave to amend in part. Discussion This is a derivative action filed by Plaintiff Steven Liu on behalf of Defendant Saratoga Maintenance Corporation (“Saratoga”). Plaintiff originally pursued this action in his individual capacity, (see Case No. 19STCV25459), and alleged seven causes of act ion against Saratoga, Defendant John Leon, Defendant Frank Mac...

Excerpt: ...rtainty is overruled. The demurrer is sustained with leave to amend as to the seventh cause of action for fraud and deceit, eighth cause of action for negligent misrepresentation, ninth cause of action for quiet title by adverse possession, and tenth cause of action for quite title by easement by prescription. Defendant Rebecca's motion to strike is granted with leave to amend. Plaintiffs are granted 30 days leave to amend. The court sets the OSC...

Excerpt: ...RESPONDING PARTY: Plaintiff Jane Doe (“Plaintiff”) The Court has considered the moving, opposition, and reply papers. BACKGROUND This is an action for invasion of privacy and sexual battery. The Third Amended Complaint (TAC) alleges that Plaintiff was required by her employer, Michelson Laboratories, Inc., to undergo a drug test and physical examination at Defendant Southern Califor nia Immediate Medical Center's facility. (TAC ¶¶ 9–10.) ...

Excerpt: ...t considered the moving, opposition, and reply papers. RULING The demurrer to the first cause of action in the complaint is SUSTAINED WITH TWENTY DAYS LEAVE TO AMEND. The motion to strike is GRANTED WITH TWENTY DAYS LEAVE TO AMEND as to the first cause of action and prayer at no. 1 for attorney's fees and prayer at no. 3 for punitive and exemplary damages. BACKGROUND On May 11, 2022, plaintiff Paula Renee Pruitt filed a complaint against Providen...

Excerpt: ...he pleading or via proper judicial notice. ( Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factual basis...

Excerpt: ...ed residential premises located at 5505 Ackerfield Ave., Long Beach, CA 90805 that were owned, managed and/or operated by Defendants. Plaintiffs allege Defendants allowed multiple dangerous conditions to exist at the property that rendered the premises uninhabitable and dangerous to the Plaintiff's health and safety. Plaintiffs filed a formal complaint with the City of Long Beach Department of Health. Plaintiffs allege Defendants also collected r...

Excerpt: ..., CA 90036. Defendants Steve Hoffman, an individual, and Steve Hoffman, as Trustee of the Karl and Pearl Family Living Trust, operate and manage the complex. Plaintiff alleges a water leak caused mold in her unit that went unremedied by Defendants. Defendants now demur to the Second, Third, Fifth, Sixth, Seventh, and Eighth Causes of Action. Defendants also move to strike allegations pertaining to punitive damages. Plaintiff opposed both motions....

Excerpt: ...erties Inc. and Cassandra Chase, and on August 3, 2023, it filed a first amended complaint (“FAC”). On November 13, 2023, Defendants filed a demurrer, and on November 15, 2023, they filed a motion to strike. REQUEST FOR JUDICIAL NOTICE Defendants ask the Court to take judicial notice of the records of 2633 Manning Cheviot Hills LLC v. Cassandra Chase and Chase N' Properties Inc. (Case No. 19LBSC03130). The request is granted. Plaintiff asks t...

Excerpt: ...efendants, Joshua Driskell, Primuth Driskell & Terzian LLP, and Lagerlof LLP, in November 2018 to represent Plaintiff in the underlying probate action filed as 18STPB11264 in the County of Los Angeles. On July 26, 2023, Plaintiff filed the operative Third Amended Complaint (TAC) alleging causes of action for (1) Legal Malpractice/Negligence, (2) Breach of Fiduciary Duties, (3) Breach of the Covenant of Good Faith and Fair Dealing, and (4) Intenti...

Excerpt: ...C filed this action (Case No. 22STCV28077) against Green Court Investors LP, Infinity Plumbing Inc., Marco Marquez, and Maria Carmen Marquez. On July 20, 2023, Infinity Plumbing Inc. and Marco Marquez filed a first amended cross - complaint (“FACC”) against Green Court Investors LP, KLS Financial LLC, and Kim Shapiro. On August 2, 2023, Green Court Investors LP, KLS Financial LLC, and Kim Shapiro filed a demurrer and motion to strike Infinity...

Excerpt: ...go. The Demurrer is OVERRULED with respect to Defendant Structured Asset Mortgage Investment II Trust 2007-AR7, Inc. Defendants Wilmington Trust and Wells Fargo are to submit a proposed judgment within 10 days after the date of this order. Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order. FACTUAL BACKGROUND This is an action for wrongful foreclosure. Plaintiff alleges t...

Excerpt: ...tion against Defendants Crystal Boultinghouse (Boultinghouse) and Josh Freeman Stinn (Stinn), alleging cause of action for (1.) conspiracy to violate 42 USC section 1983 and (2.) due process violation. Defendant Boultinghouse filed a special motion to strike the Complaint pursuant to Code of Civil Procedure section 425.16, arguing that the claims arise from petitioning conduct that is protected under section 425.16, subdivision (e). No opposition...

Excerpt: ...led their answer on March 17, 2023. On April 24, 2023, a stipulation was filed setting aside the default against Defendants. On April 4, 2024, Defendants filed this motion to continue trial. Defendants filed a supplemental declaration in support of their motion on April 23. No opposition has been filed. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them ...

Excerpt: ... has been filed. Legal Standard Code Civ. Proc. § 128(a)(8) provides that the court has the power to amend and control its process and orders so as to make them conform to law and justice. “The power to determine when a continuance should be granted is within the discretion of the trial court.” (Color -Vue, Inc. v. Abrams (1996) 44 Cal.App.4th 1599, 1603.) “A trial court has wide latitude in the matter of calendar control including the gra...

Excerpt: ... served as Trader Joe's East, Inc. and 10850 National Boulevard d.b.a. Trader Joe's) propounded form interrogatories, set two, and requests for admissions (“RFAs”), set one, on Plaintiff Mandana Mizrahi (“Plaintiff”) on November 3, 202 3. As of the date of Trader Joe's Company filing the instant motion, Plaintiff has not served responses. Trader Joe's Company therefore seeks an order to compel responses to the outstanding discovery, in ad...

Excerpt: ...on November 10, 2021. According to the Complaint, Plaintiffs Amnon Mizrahi and Susan Mizrahi (collectively, “Plaintiffs”) were injured when they were struck by their improperly secured vehicle after it rol led off a flat bed tow truck. (Complaint, ¶¶ 10 -23.) On September 25, 2023, Plaintiffs filed the Complaint in this action against Carmel Towing & Transport, Inc.; Bert's Garage, Inc.; Automobile Club of Southern California (“AAA”), a...

Excerpt: ...arises out of the construction of an approximately 18,000 square foot home in Pacific Palisades, California, located at 15954 Alcima Avenue (the “Property”). Defendant 15951 Alcima LLC (“Alcima”) is the owner of the Property. Defendant Suarez Build Construction Inc. (“Suarez”) served as a general contractor to Alcima. Suarez requested construction services from KE General Building Inc. (“KE”). Alcima allegedly agreed to the reques...

Excerpt: ..., LLC and Newton Solutions LLC (collectively “Plaintiffs”) filed its Complaint. On January 12, 2024, Plaintiffs filed the First Amended Complaint (“FAC”) against Stephen Scott Brown, Aka Scott Brown, Newton Operations, LLC, Pacific West Distributors, Ice Kream, LLC, Jokes Up Ice Kream LLC, Derek Lodder, Stephen Wayne Burt, Samantha Gibney, Mike Warren, Sione Schaff, and DOES 1- 120 (collectively, “Defendants”), alleging six causes of ...

Excerpt: ...motion is unopposed. LEGAL STANDARDS “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10, subd. (a)(1).) “In the absence of a voluntary submission to ...

Excerpt: ...his motion. No opposition papers were filed. DISCUSSION Defendant Target Corporation (“Defendant”) moves the court for an order reclassifying this action, filed by plaintiff Emily Keough (“Plaintiff'), as a limited jurisdiction case. “If a party files a motion for reclassification after the time for that party . . . to respond to a complaint, cross-complaint, or other initial pleading, the court shall grant the motion and enter an order f...

Excerpt: ...EL BINDING ARBITRATION AND TO STAY THE SUPERIOR COURT MATTER Background Plaintiffs Juhee Bang by and through her Successor -in- Interest, Lora Tram, and Lora Tram (jointly, “Plaintiffs”) filed this action on June 16, 2023 against Defendant 1100 South Alvarado Street, LLC dba Olympia Convalescent Hospital (“Defendant”). Plaintiffs filed the operative First Amended Complaint (“FAC”) on June 20, 2023, alleging causes of action for (1) el...

Excerpt: ... damages arising from a motor vehicle incident. On July 28, 2023, this matter was called for non -jury trial. After no appearances or contact by either party, Plaintiff's complaint was dismissed without prejudice. (Min. Order, July 28, 2023.) On January 29, 2024, Plaintiff filed the instant motion to set aside the dismissal. II. MOTION TO SET ASIDE 1. Legal Standard Code Civ. Proc. (“CCP”) § 473 provides for both discretionary and mandatory ...

Excerpt: ...UND This action arises from alleged habitability issues at a property located at 3714 Fletcher Drive, Los Angeles, CA 90065 (the “Property”). On December 4, 2023, Plaintiff filed a Complaint against Defendant and DOES 1 through 100, inclusive, alleging causes of action for: (1) negligence, (2) breach of implied warranty of habitability; (3) violation of Los Angeles Municipal Code § 151.10 et seq.; and (4) civil penalties for violation of the...

Excerpt: ...laint filed. • 12/28/23: Cross-Complaint filed by Lowe's Home Centers, LLC • 12/29/23: Cross-Complaint filed by Jacobe Enterprises, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is a toxic tort action alleging that Plaintiff Montoya -Bautista developed silicosis and consequential injuries by breathing in dust from Defendants' stone products generated by his work as a fabricator and polisher of stone countertops. Defendant Dal -Til...

Excerpt: ...trike Portions of Plaintiff's First Amended Complaint. I. Background A. Pleadings Plaintiff Daniel Stevenson sues Defendants Louise Voyazis dba Louise Voyazis Interior Design (Voyazis), Louise Voyazis Interior Design (LVID), and Does 1 through 30 pursuant to an August 9, 2023, First Amended Complaint (FAC) alleging claims of (1) Breach of Contract, (2) Fraudulent Inducement, (3) Fraud/Intentional Misrepresentation, (4) Negligent Misrepresentation...

Excerpt: ...ing party to give notice. BACKGROUND On March 1, 2024, Troy Wiltshire (“Plaintiff”) filed a Complaint against Adam Charles Walker (“Defendant”) in relation to a motor vehicle accident that occurred on March 10, 2022, allegedly caused by Defendant driving under the influence. The Complaint alleges three causes of action: (1) Motor Vehicle Negligence; (2) Negligence; and (3) Negligence Per Se. Defendant now moves to strike punitive damages ...

Excerpt: ...n Beverly Hills when Defendant Simon Nicholson -Pine pulled out of a Whole Foods' parking lot, causing a violent T- bone collision. Plaintiff alleges Defendant was dri ving his car negligently and recklessly. On November 21, 2023, Plaintiff filed a Complaint against Defendant. The Complaint alleges two claims for general negligence and motor vehicle. Plaintiff filed a proof of service showing Defendant was personally served with the summons and c...

Excerpt: ...s of the Cement Masons Southern California Health and Welfare Fund, Board of Trustees of Eleven Counties Cement Masons Vacation Savings Plan, Board of Trustees of Cement Masons Joint Apprenticeship Trust, and Board of Trustees Cement Masons Southern California Individual Retirement Account (Defined Contribution) Trust \ (collectively, “Petitioners”) request the Court issue an order c\ onfirming the arbitration award (“Award”) issued by Ma...

Excerpt: ...arbitration matter. On December 8, 2023, petitioner Swift Financial, LLC, as Servicing Agent for WebBank (Petitioner) filed a petition against respondents Lumenos Technologies, Inc., Matthew Laney (collectively, Respondents) and Does 1 to 10, to confirm an arbitration award issued on July 12, 2023 in the amount of $111,196.02. Respondents did not oppose the petition. LEGAL STANDARD “Any party to an arbitration in which an award has been made ma...

Excerpt: ...ce of intention to appear is not given, oral argument will not be permitted . Notice to Department 76 may be sent by email to [email protected] or telephonically at 213-830- 0776. TENTATIVE RULING Defendants BMW of North America, LLC and Sterling BMW's Petition To Confirm Partial Final Arbitration Award is GRANTED. ANALYSIS Petition To Confirm Arbitration Award Discussion Defendants BMW of North America, LLC and Sterling BMW move for an order...

Excerpt: ... Estrada filed an action against Wu and Does 1 - 30 for motor vehicle tort and general negligence. (Case number 22PSCV01837.) On December 19, 2023, Wu filed an answer and a cross-complaint against Cross -Defendants Estrada and Roes 1 -20 for indemnity and contribution. C. The Court relates the cases On November 28, 2023, the Court found that case numbers 21STCV19189 and 22PSCV01837 are related within the meaning of California Rules of Court, rule...