Excerpt: ...nd Michael Vaughan Public Insurance Adjusters TENTATIVE RULING Defendant/Cross---Complainant Michael Hakim's Motion for Leave to Designate Experts for Defendants/Cross---Complainants is DENIED. I. Applicable Law “On motion of any party who has failed to submit expert witness information on the date specified in a demand for that exchange, the court may grant leave to submit that information on a later date.” CCP §2034.710(a). “A motion und...

Excerpt: ...) Trespass; and 4) Quiet Title. On December 8, 2022 the Court sustained in part the Demurrer and granted in part the Motion to Strike. On June 10, 2022, Defendant Fidel Romano filed a Cross-Complaint against Plaintiff for: 1) Quiet Title by Adverse Possession; 2) Accounting; and 3) Declaratory Relief. Defendant/Cross-Complainant filed a first Amended Cross-Complaint on August 02, 2022. Cross-Complainant now seeks leave to file a Second Amended Cr...

Excerpt: ...usband Robert E. Helm (“Robert”) created and executed The Helm Family Trust dated November 4, 1994 (“Trust”). Plaintiff is Beverly's attorney in fact and the current trustee of the Trust. Robert died in 2008. Beverly thereafter lived alone at 1695 Entre Colinas Place, Pomona, CA 91768 (“subject property”). Some time around 2016, Beverly began to decline significantly in 2016. Around this time, Beverly was persistently solicited by var...

Excerpt: ...ision. A. Statement of the Case 1. First Amended Complaint Plaintiff US 1902 filed the Complaint against Defendants Haimof and Saeed Zerehi (“Zerehi”) (collectively, “Tenants”) on August 24, 2022. The operative pleading is the First Amended Complaint (“FAC”) filed on September 19, 2022, alleging breach of lease. The FAC alleges in pertinent part as follows. On September 15, 1991, Composite Properties (“First Landlord”) and the Ten...

Excerpt: ...Burger King (“BK”), jointly and severally for $263,299.27. Plaintiff Valencia Town Center Venture, LP (“Valencia”) applies for a right to attach order against Defendants jointly and severally for $128,484.21. Plaintiff Plaza Bonita LLC (“Plaza”) applies for a right to attach order against Defendants jointly and severally for $148,241.68. The court has read and considered the moving papers, separate oppositions, [1] and reply, and rend...

Excerpt: ...ng papers, [1] opposition, [2] and reply, and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Packard filed the Complaint against Defendants Mogannam and Whalen on November 3, 2021, alleging four causes of action for breach of two guaranties per Defendant. The Complaint alleges in pertinent part as follows. Packard is the owner and Landlord of 1000 South Hope Street, Los Angeles, California, 90015 (“Pro...

Excerpt: ...in Long Beach, CA. Through their corporation, NHGI, Rivera and her partner had already successfully established several similar operations. Rivera ultimately agreed to invest in Haxton's venture, Portuguese Bend Distilling, and participate in its operations as a co-owner and co-manager. While the precise timeline of the breakdown in the parties' relationship is unclear, Rivera ultimately resigned – or, per the SAC, was constructively discharged...

Excerpt: ...red into written agreements with Defendant Atama Premier Foods LLC (Atama Premier Foods) in which Plaintiff agreed to ship goods from Asian ports to Atama Premier Foods's warehouses in exchange for payment. Plaintiff alleges Atama Premier Foods breached the agreement by failing to pay the full price for services in the amount of $128,987.04. On November 8, 2022, Plaintiff filed a complaint against Atama Premier Foods and Erwan Sutanto (Sutanto, c...

Excerpt: ...d complaint (“SAC”), in addition to Plaintiff's second, third, fourth, and fifth causes of action therein. ¿ TENTATIVE RULING: The demurrer is sustained as to Plaintiff's second cause of action, and overruled as to Plaintiff's third, fourth, and fifth causes of action. Plaintiff is granted 20 days leave to amend. Plaintiff's request for judicial notice is denied. BACKGROUND¿ On 1/24/17, the related action Boston Private & Trust Company v. M...

Excerpt: ...und Plaintiff filed the Complaint on May 24, 2022, and the First Amended Complaint on September 26, 2022. Plaintiff alleges the following facts. Defendant Torrance Carwash, Inc. employed Mario Flores from January 2013 to March 11, 2019. Flores filed an administrative claim against Torrance Carwash, Inc. at the Labor Commissioner's office on August 16, 2019. The Labor Commissioner notified Defendant Torrance Carwash, Inc. of the claim and held a s...

Excerpt: ...aint: 1. Violation of Civil Code 2923.5 2. Violation of Civil Code 2923.6(c) 3. Violation of Civil Code 2923.7 4. Violation of Civil Code 2924.9 5. Violation of Civil Code 2924.10 6. Unfair Business Practices – Violation of Business & Professions Code 17200, et seq. 7. Cancellation of Written Instruments – Civil Code 3412 RULING: The demurrer is sustained without leave to amend. FACTUAL SUMMARY & PROCEDURAL HISTORY This action arises out of P...

Excerpt: ...e FAC is OVERRULED. Defendant to answer in 10 days. I. 1 st cause of action for breach of contract—OVERRULE Defendant ABM argues the contracts will disprove Plaintiff's allegations of breach, because they do not impose the obligations alleged by Plaintiff in ¶¶10 and 13 of the FAC. However, a demurrer does not test the Plaintiff's ability to prove the complaint allegations. See Scmier v. City of Berkeley (2022) 76 Cal.pp.5th 549, 553, fn 4 (u...

Excerpt: ...wful detainer action against Defendants Living the Dream, Applied Plant Science, Inc., Michael Straumietis, and California Numbered Company 4009746. The Trust is the sole owner of real property located at 1646 Blue Jay Way, Los Angeles, CA 90069, which includes a single-family residence. Plaintiffs allege that Defendants Living the Dream and Applied Plant Science, Inc., as tenant and subtenant, respectively, are in unlawful possession of the prop...

Excerpt: ...ike Claim for Punitive Damages against Luis Lopez SUMMARY OF ACTION Plaintiff Evelyn Gallegos was a student at Germain Elementary School with the Los Angeles Unified School District (LAUSD). Plaintiff alleges bullying by fellow students and the failure of the school principal, defendant Luis Lopez, to address the bullying, even after a transfer of the student to a new classroom. Plaintiff alleges a particularly violent incident on March 5, 2020, ...

Excerpt: ...emurrer to the Second Amended Complaint is OVERRULED. FACTUAL BACKGROUND This is an action for uninhabitable conditions in a residential property. The operative Second Amended Complaint alleges as follows. Plaintiff Kandee Gilbert Lewis (“Plaintiff”) lives in a residential unit (the “Subject Property”) managed or maintained by Defendants Holt Avenue Housing Partners, LLC, Holt Avenue Development Co., LLC, and Shield of Faith Economic Deve...

Excerpt: ...nd U.S. BANK, NA's Motion to Strike Portions of Plaintiffs' First Amended Complaint is MOOT. Moving Parties to give Notice. Defendants SELECT PORTFOLIO SERVICING, INC. and U.S. BANK, NA's Request for Judicial Notices is GRANTED. (Cal. Ev. Code §452.) This action for quiet title was filed on January 31, 2022. The operative First Amended Complaint (“FAC”) asserts the following causes of action: (1) Wrongful Foreclosure; (2) Cancellation of Ins...

Excerpt: ...s, specifically in the second cause of action. TENTATIVE RULING: 1. Demurrer is OVERRULED, as to the 5 th cause of action. 2. Demurrer is SUSTAINED, as to the 2 nd cause of action. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On October 19, 2021, Plaintiff Ora Shenassa (“Plaintiff”) filed a complaint against Defendant Hyundai Motor America (“Defendant.”) The complaint alleged five causes of action based on violations under Song-Beverly...

Excerpt: ...pposing Party to give Notice. Plaintiff/Cross-Defendant JENIIFER GUTIERREZ's Request for Judicial Notice is GRANTED. (Cal. Ev. Code §452.) This is a contract action filed by Plaintiff JENNIFER GUTIERREZ (“Gutierrez”) against Defendant HANY NEKOLA (“Nekola”). Gutierrez employed Nekola to perform construction and improvement to her home in December 2020. Nekola represented that he possessed a general contractor's license in another state, ...

Excerpt: ...(1) the cause of action is not pled with particularity; and (2) the cause of action is barred by the economic loss rule. With respect to the first ground, the elements of a cause of action for fraud by omission are: (1) the defendant must have concealed or suppressed a material fact; (2) the defendant must have been under a duty to disclose the fact to the plaintiff; (3) the defendant must have intentionally concealed or suppressed the fact with ...

Excerpt: ...SP. PARTY: No opposition was filed. Defendants filed a notice of non-opposition. TENTATIVE RULING Defendants Bye Bye House, Inc. and Center Street Lending VIII, SPE, LLC's (“Defendants”) Demurrer to the claims in the First Amended Complaint (FAC) for quiet title and cancelation of written instrument is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. Defendants' Motion to Strike the Fraud cause of action is GRANTED, WITHOUT LEAVE TO AMEND. REASONING Pl...

Excerpt: ... and one-half hours of deliberation, on 11/4/22, the jury rendered its special verdict in favor of Plaintiff in this unlawful detainer action. On 12/21/22, after much delay on Plaintiff's part in preparing the proposed judgments, the court entered judgment on the special verdict. On 12/27/22, the clerk served notice of entry of judgment. Before the court is Defendant's JNOV/New Trial motion. There is no issue regarding the timeliness of the motio...

Excerpt: ...On September 9, 2021, Plaintiff Seonah Jo (“Plaintiff”) filed a complaint against Defendant Jinyeung Choi (“Defendant.”) The complaint alleged four causes of action: (1) Breach of Contract, (2) Breach of Fiduciary Duty, (3) Unjust Enrichment, and (4) Declaratory Relief. The complaint alleges that the parties entered into an oral agreement to operate a business partnership regarding the operation of Los Coyotes Veterinary Practice, P.C., a...

Excerpt: ...nted. Request for Judicial Notice: Granted as to the existence of the pleadings, default judgment, writ, and notice of enforcement, but not as to the truth of the matter asserted in any and all of the documents. Defendant Barbara Medovoy moves for a special motion to strike the complaint on grounds that the subject action arises entirely from a prior unlawful detainer action (22VEUD00824). The court electronic filing system shows no opposition or...

Excerpt: ...ined. (Cal. Rules Court, rule 2.551(a); see H.B. Fuller Co. v. Doe (2007) 151 Cal.App.4th 879, 888.) To seal a record, the following requirements are imposed: (1) the party must file a motion or application for an order sealing the record, which must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing; (2) the party must serve a copy of the motion on all parties who have appeared in the case; and (3...

Excerpt: ...t Alexander R. Marmureanu, M.D. on causes of action of fraud, breach of contract, recission, and unfair competition and business practices. On December 17, 2021, Plaintiff filed its Third Amended Verified Complaint. On February 22, 2022, the Court sustained without leave to amend Defendant's Demurrer to Plaintiff's Third Amended Verified Complaint in its entirety. On March 4, 2022, the Court entered Judgment of Dismissal in favor of Defendant and...