Excerpt: ...g Party: No opposition. BACKGROUND This is a lemon law action. Plaintiff Khachatour C. Papazian filed a complaint against General Motors LLC and Cada De Cadillac for 1. Breach of Express Warranty under the Song Beverly Consumer Warranty Act; 2. Breach of Implied Warranty under the Song Beverly Consumer Warranty Act; 3. Violation of Business and Professions Code §17200; and 4. Negligent Repair. On January 28, 2021, Plaintiff purchased from an aut...

Excerpt: ...ion. Plaintiff filed a Fourth Amended Complaint on February 9, 2022 against Defendants Arash Majlessi, Majlessi Corporation, Gloria Center LLC, Kamran Hekmat, United Escrow Co., John C. Lee, and Ian Bhak for (1) rescission, (2) fraud, (3) breach of contract, (4) rescission, (5) breach of duty and gross negligence, (6) breach of duty and gross negligence, (7) fraud, and ( 8) declaratory relief. On November 18, 2022, the court sustained, without le...

Excerpt: ...(SBS), Bryan Russolesi, Daymon Harris, Barbara Chiling, and Timothy Glasserand for (1) Violation of CC 2924.11 (d); (2) Breach of Contract; (3) Unfair Business Practices in Violation of Business and Professions Code §§ 17200 et seq.; (4) Tortuous Interference with Prospective Economic Advantage; (5) Interference with Contract; (6) Quiet Title. (7) Declaratory Relief; (8) Temporary an d Permanent Injunction; (9) Fraud; (10) Wrongful foreclosure ...

Excerpt: ...ional distress, negligent infliction of emotional distress, and negligence. Plaintiff alleges while on the premises of Homegoods, Inc., located at Reseda Boulevard in Tarzana, California, DOE employee of Defendant was following Plaintiff around the store, making her feel uncomfortable to shop. When Plaintiff wanted to leave the store, she noticed the DOE employee was touching himself, fully erected. Plaintiff further alleges she went to the front...

Excerpt: ...tice to pay rent or quit. Trial was held on January 11, 12, 16, and 17 2024. Jury found in favor of Plaintiff. [TENTATIVE] RULING Plaintiff's Motion for Attorney Fees is GRANTED. DISCUSSION Plaintiff Shake Amzoyan moves this court for an order awarding Plaintiff its attorney fees and costs in the amount of $8,500.00 against Defendant Jaclyn Ann Kerigan on the grounds that Plaintiff is the prevailing party pursuant to the Lease Agreement entered i...

Excerpt: ...ntly operated her vehicle, causing an auto accident between Plaintiff and Defendant. The accident occurred on September 10, 2021. On October 14, 2022, Plaint iff filed a complaint against Defendant asserting causes of action for negligence. TENTATIVE RULING: Plaintiff's Motion to Quash Defendant's Subpoenas for Plaintiff's Private Academic Records is MOOT. DISCUSSION Plaintiff Shahin Chermahini moves this court for an order quashing D...

Excerpt: ...ing Party: Plaintiff John S. Birke BACKGROUND On April 10, 2024, Plaintiff John S. Birke filed a First Amended Complaint against Defendants Michele Martin Birke, Susan Goldstein, and Lewitt, Hackman, Shapiro, Marshall & Harlan for 1. Intentional Interference with Expected Inheritance; and 2. Intention al Infliction of Emotional Distress. On April 15, 2024, Plaintiff dismissed their first cause of action. [TENTATIVE] RULING Defendant Michele Marti...

Excerpt: ...Galloway, Hanibal Design Carlisle, and Urban Bilial Carlisle for breach of contract, intentional misrepresentation, and financial elder a buse. Plaintiffs filed an amended complaint on January 19, 2024. Plaintiffs allege Ellen, who is 89 years old, purchased a 3 -bedroom condominium. David is Ellen's son. Plaintiffs further allege Constance befriended Ellen and Ellen considered Constance like a daughter. Constance informed Ellen she could act as ...

Excerpt: ...., Inc. BACKGROUND This is a lemon law action. On September 30, 2022, Plaintiffs Yuridia Ledesma and Ofelia Arambula filed a complaint against Defendant American Honda Motor Co., Inc. for violation of Song -Beverly Act – Breach of Express Warranty. Plaintiffs entered into a warranty contract with American Honda Motor Co., Inc . regarding a 2020 Honda Accord. Plaintiff alleges Defects and nonconformities to warranty manifested themselves includi...

Excerpt: ...zanne M. Curtis filed a complaint against Defendants AIG American General Assurance Company, American General Assurance Company, American International Group, Inc., Transamerica Life Insurance Company, Transamerica Premier Life Insurance Company, L. Dorais, and Brian Forsyth for breach of contract and fraud. Plaintiff dismissed AIG American General Assurance Company on January 17, 2023. Defendants Transamerica Life Ins. Co and Transamerica Premie...

Excerpt: ...h her Guardian ad Litem, Melvy Cardona; Michael Carbajal, a minor by and through his Guardian ad Litem, Melvy Cardona, Bella Rodriguez, a minor by and through her Guardian ad Litem, Melvy Cardona, Chanel Carbajal, a minor by and through her Guardian ad Litem, Melvy Cardona; and Mason Cardona, a minor by and through his Guardian ad Litem, Melvy Cardona filed a complaint against SFV Portfolio – 14732 Blythe Owner, LP and 14732 Blythe Associates, ...

Excerpt: ...ancisco Sibrian and Los Angeles Unified School District for 1. Negligence 2. Negligent Entrustment 3. Neligent Hiring 4. Vicarious Liability 5. Violation of Vehicle Code 17001. Plaintiff alleges on October 1, 2021, Plaintiff Gawy was driving his vehicle traveling on the roadway when Defendant Sibrian was driving an agricultural vehicle and unsafely and negligently crashed into Plaintiff at or near Tampa and Vanowen. Plaintiff alleges Defendant fa...

Excerpt: ...ners, as Servicer for Luxury Lease Company, a Delaware Statutory Trust filed a complaint against Tax Leaders of America, LLC and Mario Sanchez for 1. Recovery and Possession of Personal Property (Claim and Delivery); 2. Breach of Contract; 3. Fraud; 4. Conversion; and 5. Declaratory Relief. Plaintiff entered into a lease agreement with Defendant Sanchez whereby Sanchez leased a used 2012 Ferrari 458 Coupe on behalf of Tax Leaders of America, LLC....

Excerpt: ...t Defendants Rock Star Properties, LLC dba AGWC Rockin' Rescue, Ady Gil and Fabienne Origer for negligence, strict liability, and punitive damages. Plaintiff alleges on December 24, 2022, P laintiff was a volunteer at Rock Star Properties, LLC dba AGWC Rockin' Rescue (“Rescue”). While Plaintiff was sitting on the sidewalk near the Rescue, one of Rescue's Labrador dogs, viciously attacked Plaintiff, causing severe injuries to Plaintiff's perso...

Excerpt: ...OUND On February 6, 2024, Plaintiffs Kimberly Davis and Jonathan Davis filed a third amended complaint against Defendants Paige Hemmis, Jason Short, Ameka Benton, Scott Fields, Hallmark Cards, Inc., Crown Media Holdings, Inc., Paige Hemmis, Inc., Aria Music Group, The Oaks of Calabasas Homeowners Association, Melissa Improta, Jason Improta, and Compass California, Inc. for 1) Intentional Interference with Contract; 2) Negligence; 3) Trespass; 4) ...

Excerpt: ...ion (erroneously sued as Grant & Weber, Inc.) and Grant & Weber Arizona, Inc., an Arizona corporation Responding Party: Plaintiffs Spencer Weinerman, individually and trustee of the Weinerman Family Trust BACKGROUND Plaintiff is a shareholder and former employee of G&W CA, a debt collection, revenue cycle management, and receivables management company, whose employment terminated on December 14, 2014. Plaintiff owns 25% of the outstanding shares ...

Excerpt: ...intiff Leon Barnett Hall Responding Party: No opposition. BACKGROUND This matter arises out of an automobile accident that occurred on May 2, 2022. Plaintiff alleges they were injured as a result of Defendant Paulina Cruz' negligence. Plaintiff filed his complaint on November 8, 2022 against Paulina Cruz, Access Services, a nd MV Transportation, Inc. [TENTATIVE] RULING: Plaintiff's Motion to Compel Responses to Form Interrogatories, Set One Again...

Excerpt: ...d Patrick Ortiz where Defendants were to find Plaintiff a suitable tenant for their commercial building. Plaintiff alleges Defendants represented to Plaintiff they found a tenant who would run a legal smoke shop and ran a background check on the tenant; however, these representations were false. Plaintiff alleges Defendants did not run a background check and the tenant operated a cannabis shop in violation of the agreement and as prohibited by th...

Excerpt: ...2022, Plaintiff Vedres Family Investment Partnership, LP filed an unlawful detainer action against Defendant Payam Marouni MD, Inc. Plaintiff's request for entry of default was entered against All Unknown Occupants in Possession on August 3, 202 2. Plaintiff filed a First Amended Complaint naming Defendant Payam Marouni on October 31, 2022; however, Defendant Marouni was dismissed on February 22, 2023. On November 15, 2023, Defendant Payam Maroun...

Excerpt: ...ndant Green Works Construction & Design, Inc. entered into a written contract to perform a complete front, side and backyard remodel, including adding a new swimming pool, spa, deck and entertainment area. Plaintiff alleges under the terms of the agreement, Defendant Green Works agreed to furnish labor, equipment and materials for the amount of $318,100.00. Prior to the written agreement, the parties enter ed into a design agreement where Plainti...

Excerpt: ...l Boyadjian. Plaintiff filed a First Amended Complaint on August 24, 2023 for Breach of Contract, Stolen Property, and Malicious Sabotage. Plaintiff filed a Second Amended Complaint on January 8, 2024, adding a cause of action for Fraud on the Court. The parties have a history of litigation between them that began prior to Plaintiffs filing the instant action. In January 2022, Boyadjian filed a small claims action against Robin La Due to recover ...

Excerpt: ...mber 8, 2023, Plaintiff filed a complaint against Defendant for 1. Violation of Song -Beverly Act - Breach of Express Warranty; 2. Violation of Song -Beverly Act - Breach of Implied Warranty ; and 3. Violation of The Song- Beverly Act Section 1793.2. [TENTATIVE] RULING Plaintiff' s Motion to Compel Further Responses to Plaintiff's Request for Production of Documents, Set One is GRANTED, in part. DISCUSSION Plaintiff Raul Ulises Segovia moves for ...

Excerpt: ... amended complaint against Defendants Paige Hemmis, Jason Short, Ameka Benton, Scott Fields, Hallmark Cards, Inc., Crown Media Holdings, Inc., Paige Hemmis, Inc., Aria Music Group, The Oaks of Calabasas Homeowners Association, Melissa Improta, Jason Improta, and Compass California, Inc. for 1) Intentional Interference with Contract; 2) Negligence; 3) Trespass; 4) Violations of Civil Code § 1798.93; 5) Breach of Fiduciary Duty; 6) Professional Ne...

Excerpt: ...zon, allegedly offered to reduce Plaintiff's monthly charges on five of his phone lines; however, Defendant Cortez made u nauthorized changes to Plaintiff's account with Verizon which caused him to be overcharged $15,436.30 by opening over 60 ‘ghost lines' in Plaintiff's name. On March 13, 2023, Plaintiff filed a complaint against Defendants for breach of contract, money had and received, and fraud. [TENTATIVE] RULING I. Plaintiff's Motion to C...

Excerpt: ...endants Luis Roberto Ruano II ("Luis”) and Julie Goldberg ("Goldberg”). On August 10, 2021, Laura filed her original complaint, alleging: (1) breach of fiduciary duties as to Goldberg; (2) intentional interference with marital relations as to both Defendants; and (3) intentional infliction of emotional distress (“IIED”) as to both Defendants. On April 19, 2022, Goldberg filed her cross-complaint against Laura, alleging the followi...

Excerpt: ... action. On May 1, 2023, Plaintiff Aaron Koonce filed a complaint against Defendant Kia Motors America, Inc. for Violation of Subdivision (d) of Civil Code Section 1793.2; Violation of Subdivision (b) of Civil Code Section 1793.2; Violat ion of Subdivision (a)(3) of Civil Code Section 1793.2; and Breach of the Implied Warranty of Merchantability. [TENTATIVE] RULING: Plaintiff's Motion to Compel Further Responses to Plaintiff's Requests for Produc...

Excerpt: ...laint against Defendants Ford Motor Company and Sunnyvale Ford for Violation of Subdivision (d) of Civil Code Section 1793.2; Violation of Subdivision (b) of Civil Code Section 1793.2; Violation of Subdivision (a)(3) of Civil Code Section; Breach of the Implied Warranty of Merchantability; Fraudulent Inducement – Concealment; and Negligent Repair. On December 14, 2023, Plaintiff filed a first amended complaint. Plaintiff alleges their vehicle h...

Excerpt: ...hit Mehta, and John Patrick Graham for negligence, premises liability, negligent hiring, supervision, or retention of employee, battery, and as sault. Plaintiff Rose alleges Plaintiff, while standing within property he lawfully rented and controlled, was assaulted by Defendant, John Patrick Graham, while Mr. Graham was working as an employee on behalf of the other named Defendants. On December 8, 2023, Loren Properties, LLC, Westside Habitats, LL...

Excerpt: ...UND On July 28, 2023, Plaintiff Alexander Ghatan filed a complaint against BMW of North America, LLC and Sherman Oaks -B, Inc. dba BMW of Sherman Oaks for 1. Violation of Song - Beverly Act – Breach of Express Warranty; 2. Violation of Song -Beverly Act – Breach of Implied Warranty; 3. Violation of The Song -Beverly Act Section 1793.2; and 4. Violation of The Song -Beverly Act Section 1793.22 – Tanner Consumer Protection Act. Plaintiff leas...

Excerpt: ...endant Cochran Inc. and promised Plaintiff a return on his investment as well as plaintiff would take ownership of the property or that the property would secure Plaintiff's investment. Plaintiff further alleges Eliezer Appel concealed from Plaintiff the fact that plaintiff did not own the property or the company that took title to the property that is, the Defendant Lockhart Development, Inc., and that Eliezer Appel took Plaintiff's investment f...

Excerpt: ...intiff Spotlight Ticket Management, Inc. (“Plaintiff”) alleges that it had an agreement to serve as a member of the StubHub Affiliate Program (the “Affiliate Program”) for Defendants eBay, Inc. (“eBay”) and StubHub, Inc. (“StubHub”) (collectively “Defen dants”). Plaintiff's role was to direct consumers to Defendants' ticket platform in exchange for commissions on orders. Plaintiff alleges that it was not being paid commissions...

Excerpt: ...mount of $51,077.75, consisting of: (a) damages in the amount of $46,905.90; (b) interest in the amount of $1,750.85; (c) costs in the amount of $1,221.00; and (d) attorney's fees in the amount of $1,200. The Court CONTINUES Plaintiff's request for default judgment so that Plaintiff may correct its damages and interest calculations in the CIV -100 and JUD- 100. Plaintiff must calculate requested interest as interest, and not as damages. Backgroun...

Excerpt: ...ents and supplemental responses must be produced within 10 days after the date of this order. If any documents are withheld based on a claim of attorney client or work product privilege, a privilege log must be produced. This privilege log must also be produced within 10 days after the date of this order. The Court declines to impose sanctions this time. However, this motion was avoidable by both sides given the information provided at the IDC. M...

Excerpt: ...ents and supplemental responses must be produced within 10 days after the date of this order. If any documents are withheld based on a claim of attorney client or work product privilege, a privilege log must be produced. This privilege log must also be produced within 10 days after the date of this order. The Court declines to impose sanctions this time. However, this motion was avoidable by both sides given the information provided at the IDC. M...

Excerpt: ...for $250,000.00 to Defendant Cochran Inc. and promised Plaintiff a return on his investment as well as plaintiff would take ownership of the property or that the property would secure Plaintiff's investment. Plaintiff further alleges Eliezer Appel concealed from Plaintiff the fact that plaintiff did not own the property or the company that took title to the property that is, the Defendant Lockhart Development, Inc., and that Eliezer Appel took Pl...

Excerpt: ...o Tailors for breach of written contract and breach of guaranty. Plaintiff alleges Defendants have failed to pay monthly rent for their commercial lease with Plaintiff. Trial was held November 27, 2023. The court entered judgment for Plaintiff against Defendants, jointly and severally. [TENTATIVE] RULING: Plaintiff's Motion for Attorney Fees and Costs is GRANTED, in part. DISCUSSION Plaintiff YS Properties LLC moves the court for an award of atto...

Excerpt: ... (Davis Decl. ¶¶3 -5.) BACKGROUND This is a breach of fiduciary duty action. Plaintiffs Harges Family Partnership, LP and Lorelei Harges, Trustee of the Harges Community Property Trust allege Plaintiffs entered into multiple agreements to sell seven pieces of real property to several buyers. Chartwell agreed to act as the escrow company for the transactions. Plaintiffs allege per Section C of the Addendum, the escrow holder, Chartwell, was supp...

Excerpt: ... Life Aid Research Institute dba Life Aid Holdings, Inc. for fraudulent inducement, f raud (intentional misrepresentation), fraud (deceit by concealment), and fraud (negligent misrepresentation). Plaintiff alleges Defendant misrepresented an investment opportunity in regards to the app, LifeScore App. [TENTATIVE] RULING Plaintiff's Motion for Leave to Amend Complaint is GRANTED. DISCUSSION Plaintiff moves the court for an order granting leave to ...

Excerpt: ...z and Loren Aguirre purchased a 2023 Chevrolet Silverado. Plaintiffs allege defects and nonconformities to warranty manifested themselves. On September 18, 2023, Plaintiffs filed a complaint against Defendant General Motors LLC for 1. Violation of Song -Beverly Act - Breach of Express Warranty and 2. Violation of Song -Beverly Act - Breach of Implied Warranty. [TENTATIVE] RULING Plaintiffs' Motion to Compel Further Responses to Requests for Produ...

Excerpt: ...liability action. Plaintiff alleges on August 4, 2021, Plaintiff purchased and consumed fried rice from a P.F. Chang's restaurant located in Sherman Oaks and while consuming the fried rice, he bit into a metal object resulting in injuries . On August 2, 2023, Plaintiff filed a complaint against Defendants P.F. Chang's China Bistro, Inc. (erroneously sued and served as P.F. Chant's III, LLC) (“P.F. Chang's”) and Christine Doe for strict liabil...

Excerpt: ...lpractice. Plaintiff alleges around October 2021, Plaintiff became a patient of Defendant ADD and its dentists, Dr. Kamangar and Dr. Lokot. During her treatment with Defendants from October 1, 2021 to December 17, 2021, Plaintiff alleges Defendants negligently and carelessly examined, diagnosed, treated, advise d or failed to advise Plaintiff so as to cause Plaintiff injury. Defendant Sergey Lokot's motion for summary judgment was granted on Janu...

Excerpt: ...e Carbajal, a minor by and through her Guardian ad Litem, Melvy Cardona; Melanie Carbajal, a minor by and through her Guardian ad Litem, Melvy Cardona; Michael Carbajal, a minor by and through his Guardian ad Litem, Melvy Cardona, Bella Rodriguez, a minor by and through her Guardian ad Litem, Melvy Cardona, Chanel Carbajal, a minor by and through her Guardian ad Litem, Melvy Cardona; and Mason Cardona, a minor by and through his Guardian ad Litem...

Excerpt: ...ire to rid himself of his dependency on alcohol and decided for the decedent to enter a 24-hour custodial care facility where he would undergo detoxification in a safe environment. Decedent went to West Health, Inc. for care. Upon being admitted, Defendants conducted a “telehealth” assessment of decedent. Plaintiff alleges, however, Defendants failed to perform an adequate assessment and the decedent passed away the next morning. On February ...

Excerpt: ... Park Chapel for which defendant Superior Loan Servicing was the loan servicer. She alleges that the loan included an onerous and illegal liquidated damages provision and that the collection of the loan by defendants violated federal and state laws protecting borrowers. [TENTATIVE] RULING Defendants' Demurrer is OVERRULED in part and SUSTAINED in part without leave to amend. ANALYSIS First Cause of Action for Violation of Civil Code Section 1671 ...

Excerpt: ...p, Inc. filed a complaint against Defendant JP Morgan Chase Bank National Association for breach of contract, accounting, and conversion. Plaintiff opened an account with Chase in November 2020, ending in 3103. Pl aintiff alleges it made an initial deposit of $3,784.29 and a second deposit of $23,000.00 for a total amount of $26,784.29. Plaintiff further alleges Chase closed the account ending in 3103 without prior notice to Plaintiff (when the a...

Excerpt: ...e tenant for their commercial building. Plaintiff alleges Defendants represented to Plaintiff they found a tenant who would run a legal smoke shop and ran a background check on the tenant; however, these representations were false. Plaintiff alleges Defendants did not run a background check and the tenant operated a cannabis shop in violation of the agreement and as prohibited by the Department of Cannabis Regulation. Defendant previously demurre...

Excerpt: ...This is a lemon law action which arises from Plaintiff's lease of a 2020 Honda Accord. On December 21, 2022, Plaintiff filed a complaint against Defendant American Honda Motor Co. asserting causes of action for Violation of Song -Beverly Act and Fraudulent Inducement – Concealment. Plaintiff alleges their vehicle had a sensing defect, which Defendant knew about and concealed. Plaintiff filed a first amended complaint on April 17, 2023. [TENTATI...

Excerpt: .... Trial was set on October 28, 2022 for June 12, 2023 and then continued multiple times to its current date of March 15, 2024. [TENTATIVE] RULING: The request to vacate the trial date is denied; request to file a cross -complaint is denied. DISCUSSION At any time during the course of the lawsuit, the court retains power to permit the defendant to file a compulsory cross -complaint. Code Civ. Proc., § 426.50. Where the proposed cross -complaint a...

Excerpt: ...t Defendant AvantGarde Senior Living dba AvantGarde Senior Living of Tarzana for (1) Negligence; (2) Violations of The Elder and Dependent Adult Civil Protection Act [Welf. & Instit. Code §15 600 Et Seq.]; (3) Violations of Resident Rights [Health & Safety Code §1430(B)]; and (4) Wrongful Death. Plaintiff filed an amended complaint on July 14, 2023, removing the third cause of action for Violations of Resident Rights. Plaintiff filed a second a...

Excerpt: ...ainst Defendant General Motors LLC on June 23, 2023 for Violation of the Song -Beverly Consumer Warranty Act. Plaintiff alleges on October 16, 2022, Plaintiff purchased a 2023 Chevrolet Suburban. However, the subject vehicle has suffered from nonconformities to warranty, including, but not limited to, the engine, pistons, check engine light, faulty valve cover gasket, and other defects. [TENTATIVE] RULING: Plaintiff Lonni LZ Inc.'s Motion to Comp...