Excerpt: ... motion is GRANTED. Plaintiffs are ordered to file their FAC forthwith. BACKGROUND On June 29, 2023, plaintiffs Glen Hamel and Cynthia Hamel filed a complaint against Vince Valdez for (1) breach of contract – personal guarantee and (2) common counts – goods and services rendered. LEGAL AUTHORITY CCP § 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend a...

Excerpt: ...ined as to the second and third causes of action with leave to amend. The motion to strike the request for attorney fees is granted without leave to amend the request for punitive damages is granted with leave to amend. On February 7, 2022, Plaintiffs George Small III (Decedent) (by and through his Successor in Interest, Barbara Small), Barbara Small, and Kent Small, M.D. (collectively, Plaintiffs) filed their initial complaint in this action. On...

Excerpt: ...eclarations (that they provided receipts but now claim they paid in cash), raise serious concerns about the credibility of their claims. As for general damages, Plaintiffs are afforded one more attempt. Background This case arises from an alleged medical scam. Plaintiffs Yiming Chen, Helen Liu, Yan Yan, Peiyu Chen, Dingzhi Chen, Phoebe Noor (collectively, “Plaintiffs”) allege as follows: Between 2017 and the present, Defendant Hourong Zhang (...

Excerpt: ...mplaint (“SAC”), alleging seven causes of action for (1) breach of the covenants, conditi ons and restrictions (CC&Rs); (2) breach of contract; (3) breach of fiduciary duty; (4) negligence; (5) violation of Civil Code section 4775; (6) private nuisance; and (7) declaratory relief. Only the third and fourth causes of action are alleged against Defendant Pamela Chen (“Defendant”). Defendant demurs to the third and fourth causes of action on...

Excerpt: ..., alleging: (1) quantum meruit; (2) defamation per se; (3) defamation; (4) intentional interference with contractual relations; (5) intentional interference with prospective economic advantage; and (6) inducing breach of contract. On 4/28/2023, PIH filed a cross-complaint (XC) against IAS. On 1/26/2024, PIH filed a second amended cross-complaint (SXC) alleging: (1) civil theft; (2) unjust enrichment; (3) mistaken receipt; and (4) violation of sec...

Excerpt: ...Defendant Tucker Lincoln's motion to strike as moot. Defendant Tucker Lincoln is ordered to give notice of the Court's ruling and file proof of service of same within five days of the Court's order. BACKGROUND This is a nuisance action relating to illegal sales of cannabis. On March 16, 2022, plaintiff City of El Monte (Plaintiff) filed this action against defendants Lino James Ibarra (Ibarra), Michael Atencio, Manuel Aquino, Joseph Hernandez, Ju...

Excerpt: ...ers”), Marcia Brown's (“Brown”), and Rochelle Minor's (“Minor”) (collectively, “Plaintiffs”) first amended complaint (“FAC”) as to the single cause of action for quiet title. (Notice of Demurrer, pgs. 1-2.) Background Plaintiffs filed the initial complaint (“Complaint”) on October 14, 2022, against Defendant and Non-moving Defendants J.P. Morgan Chase N.A. dba J.P. Morgan Chase National Corporate Services, Inc. (“J.P. Morg...

Excerpt: ...rike Punitive Damages Respondent: Plaintiffs Alicia Olivares, Stephanie Watkin, Amaris Violet Gutierrez, Abel Valentino Gutierrez, and Angelina Victoria Gallegos TENTATIVE RULING Defendants Kiewit Corporation, Kiewit -Parsons, Kiewit Infrastructure West Co., and Parsons Construction Group, Inc.'s Demurrer to Plaintiffs' First Amended Complaint is SUSTAINED IN PART with twenty (20) days leave to amend as to the fourth, fifth, and sixth causes of a...

Excerpt: ...iff”) moves for an order granting leave to file a first supplemental and third amended complaint (“FSTAC”) on the basis the proposed change adds an incident of discrimination and retaliation that took place after the second amended complaint (“SAC”) was filed. (Notice of Motion, pg . 2.) Procedural Background Plaintiff filed his initial Complaint on Mary 17, 2022, alleging two causes of action: (1) discrimination on the basis of veteran...

Excerpt: ...to amend. In reviewing the legal sufficiency of a complaint against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of law. ( Blank v. Kirwan (1985) 39 Cal.3d 311, 318 ( Blank); C & H Foods Co. v. Hartford Ins. Co . (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (...

Excerpt: ...son SERVICE: Filed March 19, 2024 OPPOSITION: Filed April 8, 2024 RELIEF REQUESTED Defendants demurrer to Plaintiff's complaint. BACKGROUND This case arises out of Cavanaugh Thompson's claim that he was unlawfully terminated from his employment with the Pasadena Police Department and subject to discrimination. Plaintiff filed this complaint on August 15, 2023, alleging seven causes of action for (1) relief for violation of POBRA, Government Code ...

Excerpt: ...: Filed April 8, 2024 REPLY: Filed April 15, 2024 RELIEF REQUESTED Defendants demurrer to Plaintiff's complaint. BACKGROUND This case arises out of Plaintiff Anthony Russo's claim that he wrongfully received adverse employment actions in his position as a Police Lieutenant with the City of Pasadena Police Department. Plaintiff filed this complaint on August 16, 2023, alleging four causes of action for (1) relief for violation of POBRA, Government...

Excerpt: ...t of $453,100 (“Loan”) from Homebridge Financial Services, Inc., which Loan was secured by a Deed of Trust (“DOT”) against the real property located at 10747 Wilshire Blvd #1208, Los Angeles, California (“Property”). Defendant ServiceMac LLC services the loan. In June 2022, Plaintiff applied for a modification of her mortgage with Defendant. (First Amended Complaint (“FAC”) ¶24.) On or around July 11, 2022, Defendant confirmed re...

Excerpt: ...aling; (3) negligence; (4) fraud; (5) negligent misrepresentation; and (6) unfair business practices. The first two causes of action were not alleged against Defendants Crawford & Company or William Ball (“Defendants”). The Court sustained Defendants' previous demurrer to the third cause of action for negligence without leave to amend on the grounds that insurers and their agents do not generally owe insureds a duty as a matter of law, and su...

Excerpt: ...f Irlanda De La Cruz (“Plaintiff”) filed a complaint, asserting a cause of action against Pomona Valley Hospital Medical Center (“PVHMC”), Shahrukh Mohsin, M.D. (“Mohsin”), Sivaprasad Mul langi, M.D. (“Mullangi”), Hsin-Chen Liu, D.O. (“Liu”), Nadie A. Elatahir, M.D., Yu -Kai Su, M.D., Hamidreza Torshizy, M.D., Yanie Zhao, M.D., Jennifer Lynn McGinley, M.D., Heather Davis, M.D., Autar K. Wall, M.D., George Moran, M.D., Sudir Ku...

Excerpt: ...an 2013 Family Trust; (2) Plaintiff Hollywood Lanai Apartments, LLC RESPONDING PARTY(S) : (1) Plaintiff Hollywood Lanai Apartments, LLC; (2) Defendant Paul Krzemuski as successor trustee of the Violette Krzemuski a/k/a Violette Adamian 2013 Family Trust; CASE HISTORY: • 09/13/22: Complaint filed. • 10/03/22: Case deemed related to 22STCV30055 Kabala v. Krzemuski, et al. and 22STCV29709 Adamian v. Krzemuski, et al. (lead case). • 01/12/24: R...

Excerpt: ... ) GRANTE D. I. BACKGROUN D A. Factual On August 9, 2023, Plaintiff, Sadrac k Ngue Ngu e (“Plaintiff”) filed a Complaint against Defendant, CarMa x Auto Superstores California, LLC. The Complaint alleges causes of action for: (1) Negligence; (2) Endangering Life of Others; (3) Emotional Distress; (4) Insomnia; (5) Shock; (6) Defective and Deceptive Mechanical Work; (7) Mechanical Fraud for Scam; (8) Faulty Car; (9) Anxiety; and (10) Fraud. De...

Excerpt: ... 2023, the Court denied Plaintiff's motion to substitute the Estate of Anthony Leyva for Plaintiff and appoint Plaintiff's minor son, Kane Anthony Leyva as successor in interest under Code of Civil Procedure section 377.31. On December 20, 2023, Plaintiff filed the instant motion for leave to amend the complaint to replace Plaintiff with his son, Kane Anthony Leyva, a minor, to assert a survival action. Defendant Lyft, Inc. (“Defendant”) oppo...

Excerpt: ...wo causes of action for (1) elder abuse and (2) negligence. On December 15, 2023, the Court sustained Defendant's demurrer to the first cause of action for elder abuse on the grounds that Plaintiff did not allege specific facts demonstrating Defendant neglected Plaintiff with knowledge that injury was substantially certain or with conscious disregard of the high probability of such injury and Plaintiff did not allege any specific harm or damages ...

Excerpt: ...petitions this Court for an order relieving her from the provisions of Government Code §945.4 on account of failure to file a timely claim against R espondent, Glendale Unified School District, as Petitioner was a minor during all of the time specified in Section 911.2 for the presentation of the claim. PROCEDURAL Moving Party: Petitioner, Greg Asaduriyan Responding Party: No Opposition by Respondent Glendale Unified School District (Respondent ...

Excerpt: ...granted permission to file oversized briefs on 1/09/24. 2. Petition for Writ of Mandate a. Legal Standard Applicable to Petition CCP section 1094.5 is the administrative mandamus provision which structures the procedure for judicial review of adjudicatory decisions rendered by administrative agencies. Topanga Ass'n for a Scenic Community v. County of Los Angeles, (“Topanga”) (1974) 11 Cal.3d 506, 514- 15. CCP section 1094.5 does not, on its f...

Excerpt: ... occurred on 9/24/22 at Knollwood Country Club (Knollwood) located in Granada Hills, California. Petitioner Kevin Michael Chao (Petitioner) claims Knollwood is owned, operated, managed, and/or controlled by Respondent County of Los Angeles (Respondent). Petitioner alleges that on 9/24/22, while lawfully golfing at Knollwood, Petitioner was attacked by an unknown third -party aggressor, resulting in Petitioner suffering a broken jaw. On 8/18/23, P...

Excerpt: ... she does not pay the outstanding increased amount demanded. On February 29, 2024 the court granted Lady J's ex parte application for temporary restraining order to stay the auction of the inventory. A hearing for the preliminary injunction was set for April 3, 2024. See 2/28/24 Minute Order. On April 3, 2024 the court continued the hearing because defendant's papers were not served and allowed additional time. No opposition was filed. “[A] cou...

Excerpt: ...Paul Katz (“Defendant”) at Tujunga Ave. and Erwin St. in Los Angeles. Plaintiff alleges that Defendant failed to make a stop at a posted stop sign, which caused his vehicle to collide with Plaintiff's vehicle, resulting in Plaintiff sustaining bodily injuries. The complaint, filed August 24, 2023, alleges causes of action for: (1) motor vehicle; and (2) general negligence. B. Motion on Calendar On March 15, 2024, Plaintiff filed a motion to q...

Excerpt: ...nds for Production of Documents, Set One, Special Interrogatories, Set One , and Form Interrogatories, Set One. Defendant seeks monetary sanctions. No opposition has been filed. LEGAL STANDARD Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses. (Code Civ. Proc. § 2030.290 (b).) Failure to timely respond waives all objections, including...