Excerpt: ...ontract; (2) Breach of Covenant of Good Faith and Fair Dealing; (3) Breach of Covenant of Quiet Enjoyment of the Premises; (4) Nuisance [Civil Code §3479]; (5) Intentional Infliction of Emotional Distress; (6) Negligent Infliction of Emotional Distress; (7) Negligence; (8) Wrongful Eviction [Civil Code §789.3]; (9) Constructive Eviction; and (10) Uncured Building Violations [Civil Code §1942.4]. Plaintiff and Defendant entered into a rental ag...

Excerpt: ...um complex in Van Nuys. Defendant Aspen Specialty Insurance Company (“Defendant”) was the insurer for Plaintiff at relevant times alleged in the complaint. Sometime during 2016, Plaintiff experienced a loss when the cement ceiling of the underground parking garage collapsed. Defendant sent an adjuster, Neill Schwartz, to investigate the claim. Plaintiff alleges that Schwartz deliberately failed to document the obvious collapse of the ceiling....

Excerpt: ...Daimler Trust, as serviced by its attorney in fact, Mercedes‐ Benz Financial Services USA, LLC filed a complaint against Gagik Hovsepyan asserting causes of action for (1) Breach of Contract; (2) Common Count; (3) Claim & Delivery; and (4) Conversion. Plaintiff alleges Defendant Gagik Hovsepyan entered into a written Motor Vehicle Lease Agreement (“Agreement”) for the lease of a 2019 Mercedes‐Benz CLS450C on April 19, 2019. Thereafter, th...

Excerpt: ...ff Daimler Trust, as serviced by its attorney in fact, Mercedes‐ Benz Financial Services USA, LLC filed a complaint against Gerald Trinidad asserting causes of action for (1) Breach of Contract; (2) Common Count; (3) Claim & Delivery; and (4) Conversion. Plaintiff alleges Defendant Gerald Trinidad entered into a written Motor Vehicle Lease Agreement (“Agreement”) for the lease of a 2020 Mercedes‐Benz GLC300w on March 23, 2020. Thereafter,...

Excerpt: ... Plaintiff and that pursuant to that agreement, Defendants became indebted to Plaintiff for materials and labor it delivered. On February 25, 2022, Plaintiff CR Rodas, Inc. filed a second amended complaint against Defendants Varuzh Vic Avedisian, 14222 Victory, LLC, Holtman Construction Inc., and Angel Martinez asserting causes of action for breach of contract, common counts, and quantum meruit. [TENTATIVE] RULING Defendants Varuzh Vic Avedisian ...

Excerpt: ...ges on April 5, 2018, Plaintiff and Defendant 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 entere...

Excerpt: ...plaint against Defendant Ryan Parry asserting causes of action for (1) Breach of Tract 25046's CC&RS; (2) Breach of Tract 25046's CC&Rs / Third Party Beneficiary; (3) Private Nuisance; (4) Violation of California Civil Code §841.4 (Spite Fences); (5) Violation of Los Angeles Municipal Code §41.30 (Spite Fences); (6) Violation of Los Angeles Municipal Code §12.22c.20(F); and (7) Declaratory Relief. Plaintiffs allege Defendant Parry has planted,...

Excerpt: ...rents had told Defendant that they wished for a considerable sum of money to be reserved for the Plaintiff's benefit. Plaintiff alleges Defendant and Plaintiff agreed to purchase a condominium in Defendant's name but the property would belong to Plaintiff. Plaintiff alleges the parties entered into a written agreement in July 2001. However, on October 26, 2020, Plaintiff alleges because the Plaintiff had initiated a small claims lawsuit against h...

Excerpt: ...ber of the Remmet Homeowners Association. Plaintiff alleges Defendant Remmet hired Defendant SF Valley to maintain, repair, replace, restore, operate and manage the common areas of the Property. Plaintiff further alleges that beginning in 2017 and continuing to date, plaintiff's Subject Property, specifically the balcony, interior rooms, and surrounding areas, have flooded intermittently during the rainy season. Additionally, beginning in about 2...

Excerpt: ... her in the dissolution of her marriage. Plaintiff alleges over the course of the representation, Defendant House committed a multitude of negligent acts including: failing to file a declaration which caused Plaintiff's motion to be ineligible for attorney fees, failing to respond in writing how to report Plaintiff's income to the court which caused the court to make an inaccurate and detrimental decision concerning Plaintiff's finances, and fail...

Excerpt: ...terest, Robert Seaquist and Kim Seaquist, and Robert Seaquist and Kim Seaquist as individuals filed the instant action against Landmark Recovery South, LLC, Venture Recovery, LLC, Goldman Brent D Family Trust, and Brent Goldman asserting causes of action for 1) Wrongful Death; 2) Survival Action – Negligence; and 3) Survival Action – Dependent Adult Abuse/Neglect. Plaintiffs allege David was a client of Defendants for nonmedical drug rehabili...

Excerpt: ... a fraudulent scheme whereby they promised to help her avoid the foreclosure of her home but in fact took her money without performing any services on her behalf. She alleged that such conduct constituted fraud, breach of fiduciary duty and an unfair business practice. An amended complaint was filed on June 28, 2017, adding a fifth cause of action for violation of Civil Code Section 2945 and a sixth cause of action for violation of the California...

Excerpt: ...h CBT SPE, LLC agreed to loan Defendant some monies. Defendants Brard and Kott guaranteed the loan. Plaintiff further alleges Defendants defaulted on the loan and the loan was assigned to Plaintiff. On March 11, 2021, Plaintiff NPI Debt Fund I, LP filed a complaint against Defendants asserting causes of action for (1) Breach of Contract; (2) Goods Sold and Delivered; (3) Book Account; and (4) Account Stated. This action is related to 21VECV00335 ...

Excerpt: ...s filed a complaint against Farmers Insurance for breach of contract and bad faith. Plaintiff alleges Defendant refused to pay to repair their Cadillac Escalade, had the body shop remove the dash camera so they could disregard Plaintiff's injuries, allowed the body shop to repair Plaintiff's vehicle but has refused to pay for the services. Plaintiff also alleges Defendant will not pay lost wages. Plaintiff filed a first amended complaint on March...

Excerpt: ...aintiff alleges Farmers Insurance has refused to pay medical bills related to an automobile accident with uninsured motorist insurance. Plaintiff further alleges Defendant also refuses to pay for loss of wages, pain and suffering. On March 28, 2022, the instant action was related to Robin Haynes v. Farmers Insurance Re Policy #200643755 (21VECV01474). [TENTATIVE] RULING Defendant Farmers Insurance Exchange's Motion to Compel Arbitration is GRANTE...

Excerpt: ... stroke and ultimately the death of Sossy Ayvazian (“Decedent”) on March 22, 2019. Plaintiffs Tamar Ayvazian, Lena Ayvazian, and Carmen Ayvazian-Khotsikian are the heirs and children of Decedent. Plaintiffs The Estate of Sossy Ayvazian, Tamar Ayvazian, Lena Ayvazian, and Carmen Ayvazian-Khotsikian (collectively “Plaintiffs”) filed the Complaint on September 28, 2020 against Hospital Corporation of America dba West Hills Hospital and Medic...

Excerpt: ...s on April 5, 2018, Plaintiff and Defendant 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 entered ...

Excerpt: ...mortgaged single-family home owned by Defendant Sam Ostayan. Carrington is a mortgage servicing company which provides support services to mortgage lenders. Defendant Adham was a California licensed insurance broker and the principal of Defendant Patriot (collectively “Broker Defendants”). Plaintiff Carrington alleges Broker Defendants procured insurance coverage for the Property from United National Insurance Company for Defendant Ostayan. P...

Excerpt: ...d Confer: Yes. (Noudel Decl. ¶¶4‐11.) BACKGROUND This is a defamation action. After performing construction at Defendant's residence, Defendant Steve Orocio claimed that Premium Remodeling, Inc., Plaintiff's business, was responsible for a loss of Defendant's PlayStation game console, a camera and shoes as well as damaged two televisions. Plaintiff paid Defendant $2,800 and believed the claim was resolved. However, after advising Defendant th...

Excerpt: ...-10.) BACKGROUND This action arises out of a fire which destroyed a mortgaged single-family home owned by Defendant Sam Ostayan. Carrington is a mortgage servicing company which provides support services to mortgage lenders. Defendant Adham was a California licensed insurance broker and the principal of Defendant Patriot (collectively “Broker Defendants”). Plaintiff alleges Broker Defendants procured insurance coverage for the Property from U...

Excerpt: ...he was harassed, unexpectedly pushed, punched in the face, and kicked by two other patrons. Plaintiff alleges the patrons appeared to be intoxicated and because alcoholic beverages were provided, Defendants were and should have had an adequate amount of security personal in the event that any of the attendees became rowdy or disruptive. On October 21, 2021, Plaintiff filed a complaint against The Valley Relics Museum asserting causes of action fo...

Excerpt: .... (Voss Decl. ¶¶3‐4.) FACTUAL BACKGROUND Plaintiffs allege on May 7, 2020, at age 91, Decedent presented to Defendants for admission to receive residential care and rehabilitation. Decedent suffered from Alzheimer's and was otherwise in good health generally when she arrived at Defendants' care facility. Plaintiffs Defendant Kumar Lifecare Hospice, Inc. direct and supervise Defendants Anna's Care, and A Truecare, Inc. Plaintiffs allege Defend...

Excerpt: ...d Confer: Yes. (Lam Decl. ¶¶2‐4.) BACKGROUND On January 20, 2022, Plaintiffs Ghamar Fazlelahi Bagheri and Ebrahim Bagheri filed a First Amended Complaint against Defendants Fariborz Matian, DDS, Fariborz Matian, Inc. Shahriar Parvizpour, DDS and George Perri DDS, Thomas Bigley DDS and Shahriar Parvizpour DDS, a Dental Corporation (erroneously sued as Perri, Bigley, & Parvizpour) asserting causes of action for (1) Professional Negligence; (2) ...

Excerpt: ... they submitted a three‐day notice to perform (close escrow), however, defendant refused to allow escrow to close and ultimately to transfer title of the real property to plaintiff. On October 1, 2020, plaintiff filed a complaint against defendant for specific performance and damages for breach of contract. [TENTATIVE] RULING Defendant Vargas' Motion to Compel Responses to Form and Special Interrogatories GRANTED. DISCUSSION Defendant Vargas mo...

Excerpt: ... asserting causes of action for (1) Open Book Account; (2) Services Rendered; and (3) Foreclosure of Mechanics' Lien. Plaintiff alleges Defendants requested that American Bull Metalworks, Inc. (“ABM”) provide certain equipment, labor, materials, and services for use in the work of improvement to the subject property and despite ABM having performed as requested by the Defendants, there remains due, owing, and unpaid the sum of $72,508.90. Pla...

Excerpt: ...s Decl. ¶4.) BACKGROUND This action arises out of an injury to Plaintiff Fernando's lower extremity while riding a public bus, owned and operated by Defendant Los Angeles County Metropolitan Transportation Authority (“LACMTA”). Plaintiff, a physically disabled individual, was accompanied at the time by Defendant Gracita DeMasa, a caregiver employed by Defendant The Adult Skills Center (“TASC”). Plaintiff received services from various th...

Excerpt: ...ses of action for: (1) Failure to Pay Minimum Wage; (2) Failure to Pay Overtime Compensation in Violation of California Labor Code; (3) Failure to Provide Meal Periods in Violation of California Labor Code and California Wage Orders; (4) Failure to Provide Rest Periods in Violation of California Labor Code and California Wage Orders; (5) Failure to Provide Accurate Wage Statements in Violation of California Labor Code and California Wage Orders; ...

Excerpt: ...to represent her in the dissolution of her marriage. Plaintiff alleges over the course of the representation, Defendant House committed a multitude of negligent acts including: failing to file a declaration which caused Plaintiff's motion to be ineligible for attorney fees, failing to respond in writing how to report Plaintiff's income to the court which caused the court to make an inaccurate and detrimental decision concerning Plaintiff's financ...

Excerpt: ...tiff at Hightech Los Angeles Middle School. Plaintiff alleges T.S. touched R.Z. inappropriately on school premises, which was reported to the school's guidance counselor Mrs. Gold. R.Z. also reported the inappropriate touching to the school principal, Ms. Garber. No action was taken by Mrs. Gold, Ms. Garber, or any other school personnel. On April 13, 2021, plaintiff filed a complaint against Hightech Los Angeles Middle School; Rachel Garber; T.S...

Excerpt: ...ty (the “Subject Property”). Plaintiffs allege defendant began constructing a driveway on the Subject Property by placing concrete pavers along the Northwest end of the Subject Property and plaintiffs informed defendant on multiple occasions that he was encroaching onto their property. Despite these warnings, Defendants continued to encroach, ultimately commencing construction of a driveway and fence and destroying plaintiff's fence and trees...

Excerpt: ...oper, Richard D. Cooper, individually and in his capacity as Trustee or the 2010 Irrevocable Trust of BBC, and Community Plus, LLC, asserting causes of action for (1) Breach of Contract; (2) Breach of the Covenant of Good Faith and Fair Dealing; and (3) Fraudulent Inducement. Plaintiff alleges Defendants Richard and Daniel Cooper engaged in a fraudulent scheme to induce Plaintiff Sean Michaels to enter into a settlement agreement in a prior actio...

Excerpt: ...22 Department: W Case No.: LC106864 Moving Party: Defendant Frank Cannata Responding Party: Plaintiffs Lucky's Two‐Way Radios Inc. and Buddy Corporation BACKGROUND Plaintiffs Lucky's Two‐Way Radios, Inc. and Buddy Corporation (“LTWR”) allege that Frank J. Cannata (“Cannata”) was a consultant for Plaintiffs' business pursuant to a consulting services agreement. While consulting for Plaintiffs, Cannata allowed or arranged for valuable c...

Excerpt: ...mbaly alleging defendants defaulted on the Loan and became indebted to Plaintiff in the sum of $69,644.22. On November 4, 2020, plaintiff filed a complaint against defendants for 1) Open Book Account; 2) Account Stated; 3) Reasonable Value; 4) Money Lent; 5) Breach of Written Contract; and 6) Breach of Written Guarantee. [TENTATIVE] RULING Plaintiff Forwardline Financial, LLC's Motion for Judgment on the Pleadings is GRANTED. REQUEST FOR JUDICIAL...

Excerpt: ..., Defendants Amit Weinberg and Chaim Morrad to purchase a home located at 5136 Etiwanda Avenue, Tarzana, CA 91356. Plaintiffs allege that Defendants breached the agreement by failing to disclose that the balconies of the subject property were not constructed with industry standard waterproof systems and that the Property was therefore subject to flooding and water intrusion. Plaintiffs allege the resulting water intrusion led to severe mold in th...

Excerpt: ... CA 91364 (the “Property”). Plaintiff Universe, Inc. (“Plaintiff”) alleges around December 6, 2013, Plaintiff and Defendant J.S. Creations, Inc. (“Defendant”) entered into a purchase and sale transaction for the Property, for which Defendant provided financing. The financing was memorialized by a Note secured by a Deed of Trust. Plaintiff further alleges the parties agreed to extend the term of the Note by six months, which was follow...

Excerpt: ...fer: Yes. (Trimble Decl. ¶2.) BACKGROUND This case arises out of the sexual misconduct by Defendant Scott Silva, a former lacrosse coach at Birmingham Community Charter High School (“Birmingham”). On December 21, 2021, Plaintiffs filed their Fourth Amended Complaint (“4AC”) against Los Angeles Unified School District (“LAUSD”), Birmingham, and Silva asserting causes of action for: 1) Negligence; 2) Unruh Act; 3) Civil Code §51.1; 4)...

Excerpt: ...e Healthcare Services, Inc., Prime Healthcare Services – Encino Hospital engaged in a pattern and practice of wage and hour violations under the California Labor Code. On November 7, 2018, plaintiff filed a first amended complaint (“FAC”) to remove the demand for unpaid wages under Labor Code section 558 and limit the recovery he seeks to only civil penalties. On December 7, 2021, Plaintiff filed a Second Amended Complaint (“SAC”) to na...

Excerpt: ...ry Jo Fernando and Gerald W. Robles BACKGROUND This action arises out of an injury to Plaintiff Fernando's lower extremity while riding a public bus, owned and operated by Defendant Los Angeles County Metropolitan Transportation Authority (“LACMTA”). Plaintiff, a physically disabled individual, was accompanied at the time by Defendant Gracita DeMasa, a caregiver employed by Defendant The Adult Skills Center (“TASC”). Plaintiff received se...

Excerpt: ...Gardens Inc. Meet and Confer: Yes. BACKGROUND Plaintiff Sina Kamran and Defendant Alireza Kadkhoda are 50% shareholders and the sole two directors of Prime Gardens, Inc. Plaintiff alleges in June 2020, Prime Gardens, Inc. applied for and/or secured an Economic Injury Disaster Loan (“EIDL”) from the Small Business Administration. As security for the SBA loan, Prime Gardens, Inc. pledged to the SBA all of the assets of Prime Gardens, Inc. such ...

Excerpt: ...019 and March 2020. Plaintiff Sarfar and another party, Noushin Sarfar, had previously filed an action against the same defendants, 20VECV01063, alleging improper dental services by Jannatifard and the dentist/dental practice for which he worked. Both actions were deemed related and are currently pending in this department. [TENTATIVE] RULING Defendants' demurrer is sustained without leave to amend. REQUEST FOR JUDICIAL NOTICE Defendant requests ...

Excerpt: ...e Bank asserting causes of action for (1) Open Book Account; (2) Services Rendered; and (3) Foreclosure of Mechanics' Lien. Plaintiff alleges Defendants requested that American Bull Metalworks, Inc. (“ABM”) provide certain equipment, labor, materials, and services for use in the work of improvement to the subject property and despite ABM having performed as requested by the Defendants, there remains due, owing, and unpaid the sum of $72,508.9...

Excerpt: ...Services Rendered; and (3) Foreclosure of Mechanics' Lien. Plaintiff alleges Defendants requested that ASG Scaffolding (“ASG”) provide certain scaffolding for use in the work of improvement to the subject property. Plaintiff further alleges ASG provided the scaffolding until Defendants anticipatory breach of the agreement to provide services, at which point ASG services were substantially completed the work and there remains due, owing, and u...

Excerpt: ...��) that was initially owned by Defendant Kamer's father and then later passed to Defendant Kamer in early 2017. Defendant Kamer eventually sold the Property to Defendant Dorfman. The Property was managed and controlled by the homeowners association, Defendant California Place Homeowners Association, Inc. (“CPHA”). Once Defendant Kamer owned the Property, Plaintiff alleges Defendant Kamer attempted to unlawfully evict Plaintiff, so he could s...

Excerpt: ...gainst John Ayala and all unnamed occupants on April 22, 2021. Despite allowing a motion to amend the complaint, the court ruled that the first amended complaint did not act to vacate the default entered against John Ayala. Defendant Ruffino Castro passed away approximately a month before trial. A non‐jury trial came on regularly for trial on November 1‐4, 2021. On November 19, 2021, this court found Defendants Miriam Ayala and Charlie Ayala ...

Excerpt: ...ously sued as Western Union) and Hikmet Ersek asserting a single cause of action for breach of contract. Plaintiff alleges defendant, suddenly and without reason, blocked plaintiff's use of Western Union. On November 5, 2021, plaintiff filed a First Amended Complaint. The First Amended Complaint asserts causes of action for Violation of Title VII and Negligence. [TENTATIVE] RULING: Defendant Victor Siam's Demurrer to the First and Second Causes o...

Excerpt: ...vides BACKGROUND Plaintiffs allege in April 2015, Plaintiff Benavides entered into a written agreement with Defendants for a full re‐roof of their property located in Studio City. Plaintiffs allege the Agreement included re‐roofing, waterproofing and tiling of the roof as well as that all defects in material and workmanship would be repaired upon timely notice. Plaintiffs allege Defendants have failed and refused to fix the defects in the Pro...

Excerpt: ...hanced Auto Pilot option at a cost of approximately $5,681.00. In December, 2020, Plaintiffs allege that animals had chewed various wires in the Subject Vehicle which had disabled the Vehicle. On or about December 21, 2020, Plaintiffs had the disabled Subject Vehicle towed by flat bed tow truck to the Defendant Tesla, Inc.' s repair facility located at 28721 Canwood Street, Building A, Agoura. The parties entered into a written contract to repair...

Excerpt: ...out of a motor vehicle accident. Plaintiffs allege defendants so negligently operated a vehicle so as to cause it to collide with plaintiffs' vehicle causing serious injuries and damage to property. On January 8, 2019, plaintiffs filed a complaint against defendants asserting causes of action for motor vehicle negligence and general negligence. [TENTATIVE] RULING Defendants Flat Creek Transportation LLC and Dwayne Leon Mahone's Motion is GRANTED,...

Excerpt: ...dence, Defendant Steve Orocio claimed that Premium Remodeling, Inc., Plaintiff's business, was responsible for a loss of Defendant's PlayStation game console, a camera and shoes as well as damaged two televisions. Plaintiff paid Defendant $2,800 and believed the claim was resolved. However, after advising Defendant that Plaintiff believed it was a false claim, Defendant then claimed that photos taken of the unit, which included the PlayStation, w...

Excerpt: ...rises LLC dba Iron Battalion Crossfit dba Iron Battalion Fitness Co. alleges Plaintiff and Defendants Aronoff Brothers Limited Partnership, Richard Aronoff, and Robert Aronoff entered into a commercial lease agreement. The lease was for five years, from March 1, 2019, to May 31, 2024. Plaintiff alleges its business was seriously impacted by the Covid‐19 Pandemic, making the paying of monthly rent unfeasible. Plaintiff further alleges as a way t...