Excerpt: ...tiffs Jessica Ramirez, Albert Stuart Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plaintiffs, 2 adults and 4 minor children, were injured as a result of a roof collapse that occurred in their home, a rental unit. In November 2014...

Excerpt: ... agreement. The operative First Amended Complaint (“FAC”) was filed on November 6, 2017. Specially appearing defendant Louis Johnston (“Johnston”) now moves to quash service of the summons and FAC on the basis that he was improperly served. Manlin opposes. Evidence The Court sustains Manlin's objection to Exhibit A to the Declaration of James Saake. Discussion Code of Civil Procedure section 418.10 provides in part: “A defendant, on or ...

Excerpt: ...art Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plaintiffs, 2 adults and 4 minor children, were injured as a result of a roof collapse that occurred in their home. On September 25, 2017, Defendant BRS Roofing, Inc. (“BRS”) s...

Excerpt: ... (“HP Contents”) on the grounds that HP Contents is a dissolved corporation and has failed to pay Counsel's legal fees. The Court finds that Counsel has complied with the procedural requirements of California Rules of Court, rule 3.1362 and has provided sufficient reason for withdrawal. However, the proposed order incorrectly states that the next hearing in this matter is a trial setting conference on March 13, 2018. Counsel should bring a re...

Excerpt: ...2012. Plaintiff filed the operative Third Amended Complaint (“SAC”) on October 28, 2016 against Defendants California Department of Mental Health (now Department of State Hospitals “DSH”), Pamela Ahlin (“Ahlin”), California Department of Corrections (“CDCR”), Scott Kernan (“Kernan”), Board of Parole Hearings (“BPH”), and Jennifer Shaffer (“Shaffer”) (collectively, “Defendants”). Plaintiff alleges that in 2007, DSH ...

Excerpt: ...nt Corp. dba Chengdu Laozao Hotpot and Qian Z. Lunceford (jointly, “Defendants”). Plaintiffs' Complaint alleges various violations of the wage and hour provisions of the Labor Code as well as a cause of action for conversion and unfair competition (the “Complaint”). Defendants now move to strike the portions of the Complaint referencing disgorgement of profits and punitive damages. No opposition to the motion was filed. Discussion A court...

Excerpt: ... , COMPEL PLAINTIFF JESSIC A RESPONSES TO: a. SPECIAL INTERROG A C. REQUESTS FOR SANCTION S MOTIONS Background Plaintiffs Jessica Ramirez, Albert Stuart Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plaintiffs, 2 adults and 4 mino...

Excerpt: ...Civil Procedure section 2030.310(d). Defendant lacks capacity to oppose this motion and is effectively not participating in the case. There is no particular reason to conclude that defendant will respond further to the interrogatories. Plaintiff is choosing to seek this relief in lieu of seeking to strike the answer and enter default against the defendant for failing to obtain counsel after a reasonable period of time. There would be no sanctions...

Excerpt: ... COMPEL PLAINTIFF ALIYA H AND THROUGH HER GUAR D PROVIDE RESPONSES TO: a. FORM INTERROGAT O C. REQUESTS FOR SANCTION S MOTIONS Background Plaintiffs Jessica Ramirez, Albert Stuart Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plai...

Excerpt: ... remember the maker of the pickup. The pickup developed electrical problems. Judge Beaudet's husband took the pickup in to the dealer many times for the same electrical problem. The pickup was tested with some device while it was operating, and eventually, the manufacturer and the dealer agreed to take the pickup back and refund the purchase price. No litigation was involved. Judge Beaudet does not believe that her experience will cause her to be...

Excerpt: ...e Medical Center, Inc. (“American Cardiocare”) filed this wrongful foreclosure action on March 5, 2013. Plaintiffs filed a First Amended Complaint (“FAC”) on June 9, 2015 against Defendants New Aid Medical Supply, Inc. (“New Aid”); Earl Collins; Rita Collins; T.D. Service Company (“T.D. Service”); and Fran DePalma (collectively “Defendants”). On September 2, 2015, the Court issued an order striking the FAC and dismissing the a...

Excerpt: ...UAR D PROVIDE RESPONSES TO: a. SPECIAL INTERROG A b. REQUEST FOR PROD U SET NO. ONE; AND C. REQUESTS FOR SANCTION S MOTIONS Background Plaintiffs Jessica Ramirez, Albert Stuart Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plainti...

Excerpt: ...ound Plaintiffs Notjustdenim, LLC (“Notjustdenim”), Serial Believers, Ltd. (“Serial Believers”), and Lucy Pinter (“Pinter”) (collectively, “Plaintiffs”) initiated the instant action on August 21, 2017. The operative First Amended Complaint (“FAC”) alleges nine causes of action against Defendants Bailey 44 LLC (“Bailey 44”), Christopher Tate (“Tate”), and Norwest Venture Partners XI LP (“NVP”) (collectively, “Defe...

Excerpt: ...tember 8, 2016 (the “Complaint”) against Defendants Jeff Donohue (“Donohue”) and Richard Eyman (jointly, “Defendants”). The Complaint alleges that OneWest is the rightful legal owner of that certain real property located at 15 Misty Acres Road, Rolling Hills Estates, California 90274 (the “Subject Property”) and that Defendants have refused to vacate the Property and return possession of the Subject Property to Plaintiff. Prior to...

Excerpt: ...2, 2017 against Defendants Christopher Lee (“Lee”), Salus Capital Partners, LLC (“Salus”), HGI Asset Management Holdings, LLC (“HGI”), and Spencer Spirit Holdings, Inc. (“Spencer”). On December 15, 2017, the Court sustained the demurrer by Salus and HGI to the seventh (UCL violations) and eighth (unjust enrichment/constructive trust) causes of action with leave to amend. <00440057004c0059004800 00240050004800510047[ed Complaint (�...

Excerpt: ...RROGAT O b. SPECIAL INTERROG A c. REQUEST FOR PROD U SET NO. ONE; AND C. REQUESTS FOR SANCTION S MOTIONS Background Plaintiffs Jessica Ramirez, Albert Stuart Bevans, Aliyah Frazier, Jasmin Frazier, Albert Bevans, and Janae Bevans (collectively, “Plaintiffs”) filed the instant action on September 21, 2016. The operative First Amended Complaint (“FAC”) was filed on January 12, 2017. The gravamen of the FAC is that Plaintiffs, 2 adults and 4...

Excerpt: ...ainst Defendants Joseph Safran (“Safran”) and One Capital Group, Inc. (“One Capital”) (jointly, “Defendants”). In the alternative, Perez moves for an order compelling the depositions of Defendants and for monetary sanctions. Perez has been attempting to schedule Defendants' depositions since April 17, 2017. (Moas Decl., ¶ 2.) Depositions Notices with attendant document production demands were served on Defendants on April 24, 2017 (M...

Excerpt: ...t the hearing, Plaintiffs Harvey Stone and Donna Stone (“Plaintiffs”) made a request to continue the motion so that discovery relating to those jurisdictional issues could be conducted. The Court granted Plaintiffs' request and ordered that the motion to quash be continued to March 13, 2018. The Court further ordered the parties to participate in an Informal Discovery Conference (“IDC”) in the event of a dispute relating to the jurisdicti...

Excerpt: ...ion in interpleader on October 4, 2013 against a number of defendants, including David DeShay (“DeShay”) (the “Interpleader Complaint”). On January 6, 2017, Intervening Defendant James Mellein (“Mellein”) filed the operative First Amended Answer and Cross-Complaint in Intervention (“FACC”). Mellein served DeShay with various written discovery requests, and when DeShay failed to respond, Mellein moved for orders compelling response...

Excerpt: ...Plaintiffs”) brought this action against a number of defendants on May 30, 2017. On December 13, 2017, the Court ordered the matter to arbitration as to certain defendants and stayed the rest of the action pending completion of the arbitration. The Court set an arbitration status conference for December 13, 2018. Accordingly, Defendant Western Riverside Council of Government's demurrer and Defendants County of Kern, County of Riverside, and Cou...

Excerpt: ...to be affiliated with a religious organization identified as Jeungsando. The operative First Amended Complaint (“FAC”) was filed on July 25, 2017. Proofs of service were filed on August 17, 2017 purporting to serve certain defendants by substitute service. Specially Appearing Defendants Joong Kun Ahn, Jong Sung Lee, Hyung Sung Kim, Kyung Hee Lee, Suk Kim, Kiyong Kim, Myung Sun Yoo, and Jeungsando (collectively, “Specially Appearing Defendan...

Excerpt: ... (“Farag”) (jointly, “Defendants”). The gravamen of Plaintiff's Complaint is that Defendants breached a settlement agreement entered into after mediation. The mediation was conducted to resolve a pending class action lawsuit for labor violations against Platinum, Case No. BC 544054 (the “Class Action”). (Complaint, ¶¶ 8-9.) The Class Action was filed on April 29, 2014. (Complaint, ¶ 8.) The mediation was conducted on April 15, 2016...

Excerpt: ...r abuse/neglect action on May 3, 2016 against Defendants Serrano North Convalescent Hospital (“SNCH”). On October 31, 2017, Taylor filed his First Amended Complaint (“FAC”) adding Defendant Taurus Stephens. SNCH and Taurus Stephens are jointly referred to as “Defendants.” The gravamen of the FAC is that Taylor was not provided with necessary supervision, medical care and services while in <0003002d00580051004800 000f0003004400510047[ ...

Excerpt: ...th a declaration by Laura M. Zulick made under penalty of perjury and is in compliance with the requirements set forth in Califomia Rules of Court Rule 9 40(d)_ Accordingly, the unopposed Application is granted. LBLC is ordered to provide notice of this ruling. DATED: February 28, 2018 Hom Teresa A. Beaudet Judge, Los Angeles Superior Court...

Excerpt: ...OMPLAINANT THE M A MOTION TO CONSOLIDATE AC OR IN THE ALTERNATIVE, FO R AMENDED CROSS-COMPLAIN T THE MANDEL COMPANY, INC., et al., Plaintiffs, vs. JOHN C. DEPP, et al. Defendants. Background These are two related actions – the first was filed by John C. Depp II (“Depp”) and Edward L. White (“White”) (jointly, the “Depp Parties”) on January 13, 2017, against The Mandel Company, dba The Management Group (“TMG”), and Joel and Rober...

Excerpt: ...otion:  No proposed order on mandatory form MC-053 was submitted pursuant to California Rules of Court, rule 3.1362(e); and  No proof of service of the proposed order was submitted pursuant to California Rules of Court, rule 3.1362 (d).  The Court also notes that counsel has listed a September 11, 2018 “Post-Mediation Status Conference” in paragraph 4c of his declaration; however, the September 11, 2018 conference is a status confere...

Excerpt: ...6, 2012. Plaintiff filed the operative Third Amended Complaint (“SAC”) on October 28, 2016 against Defendants California Department of Mental Health (now Department of State Hospitals “DSH”), Pamela Ahlin (“Ahlin”), California Department of Corrections (“CDCR”), Scott Kernan (“Kernan”), Board of Parole Hearings (“BPH”), and Jennifer Shaffer (“Shaffer”) (collectively, “Defendants”). Plaintiff alleges that in 2007, D...

Excerpt: ...(“Anderson”) filed this action on November 17, 2016 against Defendants Vicar Operating, Inc. dba VCA All Creatures Animal Hospital #855 (“VCA”) and Ryan Whitlow (“Whitlow”) (jointly, “Defendants”). Anderson alleges that she was subjected to workplace harassment by Whitlow while working as a receptionist for VCA. Anderson filed a First Amended Complaint on January 30, 2018, after Defendants had already filed the instant motion. The...

Excerpt: ...lation of instruments, and declaratory relief. Thereafter, a number of cross‐actions were filed, including that of Cross‐Complainant Elba P. Garza (“Garza”) on March 29, 2016 for financial elder abuse, cancellation of instruments, fraud, and breach of fiduciary duty against Defendants Ulysses Angulo (“Ulysses”), Yolanda Angulo (“Yolanda”), and Rosalinda Garza‐Wiesand (“Rosalinda”) (the “Cross‐Complaint”). Garza's guard...

Excerpt: ...I N Background Plaintiffs Jason Trenton and Crystal Trenton (“Plaintiffs”) filed this action on May 13, 2016. The operative Second Amended Complaint (“SAC”) was filed on August 21, 2017, and alleges causes of action stemming from a construction project of a residence located in Manhattan Beach, California. Defendant L & T Construction, Inc. (“L&T Construction”) now demurs to the second cause of action (fraud) on the grounds that the c...

Excerpt: ...ount Store, Inc., Daniel Wills and Kari Wills. Plaintiff seeks an award of $30,211.39 reflecting $27,214.22 demanded in the Complaint, $1,005.75 in prejudgment interest, $785 in costs, and $1,206.42 in attorney's fees. The Court finds that Plaintiff has sufficiently supported its request with the submitted evidence and declarations. Accordingly, the Court grants Plaintiff's request and will enter judgment for Plaintiff in the amount of $30,300.79...

Excerpt: ...ts City of Compton (the “City”) and Victor Orozco (“Orozco”) (jointly, “Defendants”). The Complaint alleges causes of action for battery, conversion, trespass, tortious interference with prospective economic advantage, and preliminary and permanent injunction. The allegations relate to the shutdown by the City of the marijuana dispensary named Compton Chronic owned by Fletcher and operated by Plaintiffs. Plaintiffs now move for a prel...

Excerpt: ... Posada”) and Evangelina Posada (“E. Posada”) (jointly, “Plaintiffs”) filed the instant action against Mark Prather (“Prather”) and FCI Lender Services, Inc. (“FCI”) (jointly, “FCI Defendants”). In May, 2016, Plaintiffs filed Doe Amendments to the Complaint identifying Quest Mortgage Fund, LLC and Quest Equity Fund, LLC (“Quest”) (jointly, “Quest Defendants”) as Does 1 and 2. Plaintiffs filed the operative First Amen...

Excerpt: ...as originally filed and served on August 1, 2017. However, the motion was continued because of an imposition of a bankruptcy stay. Per the Notice of Stay of Proceedings filed by Defendant Ford Motor Company (“FMC”) on November 21, 2017, the bankruptcy stay runs through February 27, 2018. No documents have been filed indicating that the stay has been lifted. Accordingly, the status conference and hearing on Sanford's motion is continued to the...

Excerpt: ...�), O.F. Enterprises, L.P. (“OFE”), S.M.B. Management, Inc. (“SMB Management”), and S.M.B. Investor Associates, L.P. (“SMB- IA”) (collectively, “Defendants”). Plaintiff seeks an award of $58,282.04 based on $47,153.56 in principal amount sought, $10,102.40 in prejudgment interest, and $1,026.20 in costs. The Court finds that there are several problems with Plaintiff's default judgment packet. First, the submitted evidence only sho...

Excerpt: ...TORNEY'S FEES FROM SECOND AMENDED COMPLAINT [CCP §§435, 436] Background Plaintiffs Jason Trenton and Crystal Trenton (“Plaintiffs”) filed this action on May 13, 2016. The operative Second Amended Complaint (“SAC”) was filed on August 21, 2017, and alleges causes of action stemming from a construction project of a residence located in Manhattan Beach, California. Defendant Window Concepts, Inc. (“Window Concepts”) now demurs to the f...

Excerpt: ...action on December 11, 2013 against Defendants American Best Engineering, Inc. (“ABE”), Sergik Avakian (“Sergik”), and Sevak Avakian (“Sevak”) (collectively, “Defendants”) for breach of contract, fraud, conversion, open book account, and for account stated. The parties reached a settlement during mediation (Hittelman Decl., ¶¶ 4-5.) Per the written settlement agreement dated October 18, 2017, Defendants were to pay Kirakosian $5...

Excerpt: ...ENDANCE AT DEPOSITION TO PE R REQUEST FOR OTHER RELIEF ETC., IN RIGHT TO SANCTIONS IN THE AMOU N Background Plaintiffs Dina B. Chernick and Nina L. Chernick (jointly, “Plaintiffs”) filed this action on July 1, 2016 against Defendants The Liberty Company Insurance Brokers, Inc. (“The Liberty Company”), Julie Naines (“Naines”), Safeco Insurance Company of America (“Safeco”), Two Eleven Spalding Condominium Association (“Two Eleven...

Excerpt: ...st, inter alia, Defendant Beverly Hills Escrow (“BHE”). The operative Verified First Amended Complaint alleges causes of action for quiet title, reformation of grant deed, negligence, breach of fiduciary duties, and unjust enrichment (“FAC”). Plaintiffs allege only the negligence cause of action against BHE. In particular, Plaintiffs allege that during the subject real property transaction, BHE “failed to confirm the correct legal descr...

Excerpt: ...(“KAUF”) initiated the instant action by filing a Verified Complaint for Declaratory Relief. The operative First Amended Complaint (“FAC”), brought by and through KAUF's Receiver, Byron Z. Moldo, seeks a judgment cancelling an allegedly forged deed executed by Defendants Sung Woong Kim (“Kim”), Moo Han Bae (“Bae”), and Seung Chun Lim (“Lim”) related to an office building owned and occupied by KAUF, a California nonprofit corpo...

Excerpt: ...”) on the grounds that HP Contents is “a dissolved corporation and no longer a legal entity to serve.” The Court finds that although counsel has complied with the procedural requirements in California Rules of Court, rule 3.1362, they have not provided sufficient reasons for withdrawal. A dissolved corporation “continues to exist for the purpose of winding up its affairs, [including] prosecuting and defending actions by or against it . . ...

Excerpt: ...ilva (“Defendant”). Plaintiff seeks an award of $21,349.60 reflecting $18,996.00 in principal amount sought, $1,783.60 in prejudgment interest, and $570.00 in costs. The Court finds that there are several problems with Silva's submission. First and foremost, there is no amount of damages set forth in the Cross-Complaint; therefore, no notice has been given to Defendant as to the amount of damages that could be awarded against him. Except for ...

Excerpt: ...cancellation of instruments, and declaratory relief. Thereafter, a number of cross-actions were filed, including that of Cross-Complainant Elba P. Garza (“Garza”) on March 29, 2016 for financial elder abuse, cancellation of instruments, fraud, and breach of fiduciary duty against Defendants Ulysses Angulo (“Ulysses”), Yolanda Angulo (“Yolanda”), and Rosalinda Garza-Wiesand (“Rosalinda”) (Ulysses and Yolanda jointly referred to as ...

Excerpt: ...developed electrical problems. Judge Beaudet's husband took the pickup in to the dealer many times for the same electrical problem. The pickup was tested with some device while it was operating, and eventually, the manufacturer and the dealer agreed to take the pickup back and refund the purchase price. No litigation was involved. Judge Beaudet does not believe that her experience will cause her to be biased for or against either party. However, ...

Excerpt: ..., along with other members of her family, (the “St. Clair Parties”), each individually and as successors-in-interest to decedent Laurie St. Clair, filed this wrongful death action against Defendants Health Net of California, Inc. (“Health Net”) and Health Care LA, IPA (“HCLA”). The operative First Amended Complaint (“FAC”) alleges, in addition to wrongful death causes of action, a cause of action for violation of Civil Code sectio...

Excerpt: ...ommercial unlawful detainer action against Defendant Max LA Investing, LLC (“Max LA”). The operative Second Amended Complaint (“SAC”) was filed on April 10, 2017, and alleged that Max LA was wrongfully in possession of the subject premises as a holdover tenant as of June 1, 2016 and that Max LA had failed to pay past due rent. The SAC attached a copy of the lease and included a demand for attorney's fees per the lease. Max LA demurred to ...

Excerpt: ...intly, “Defendants”). Plaintiff seeks an award of $46,223.28 reflecting $30,938.04 demanded in the Complaint, $14,850.24 in prejudgment interest, and $435 in costs. The Court finds that Plaintiff has not provided a declaration regarding the calculation of the $14,850.24 in prejudgment interest. Otherwise, Plaintiff has sufficiently supported its request with the submitted evidence and declarations. If Plaintiff provides the missing declaratio...

Excerpt: ...t resorting to motion practice. Code of Civil Procedure section 430.41 provides: a. Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. … 1. As part of the meet and confer process, the...

Excerpt: ...earing in pro per, filed this action on August 21, 2017, relating to an alleged breach of an oral or implied rental agreement. Manlin personally served Form Interrogatories (Set One), Special Interrogatories (Set One), and Requests for Admissions (Set One) on Defendant Jean Elizabeth Johnston (“Johnston”) on October 4, 2017. (Manlin Decl., ¶ 2.) On November 4, 2017, Johnston served verified responses to the Form Interrogatories, Special Inte...

Excerpt: ...oyment action on September 22, 2015. Schmittle alleges that she sustained injuries on the job as an employee of Defendant Baldwin Park Unified School District (“BPUSD”), and that as a result, she was placed on forced leave. Schmittle's Complaint alleges causes of action for discrimination, retaliation, failure to accommodate, failure to engage in good faith interactive process, and failure to prevent discrimination. During the pendency of the...

Excerpt: ...ciation (“LGI”), John C. Chiu (“Chiu”) and DFT, Inc., dba Cannon Management (“Cannon”). On August 30, 2017, Defendants Chiu and Cannon (jointly, “Defendants”) filed a Notice of Related Case in this action as well as in all other actions listed in the notice. The Notice of Related Case was served on counsel for Plaintiffs. On October 18, 2017, Plaintiffs filed a Proof of Service of Summons Re: LGI Association, Inc. at an address in...

Excerpt: ...among others, for dissolution of ACT Bookkeeping (“ACT”) a business they had been operating together and for partition of real property and accounting. On or about May 24, 2017, the parties submitted to mediation and entered into a Stipulation for Settlement (“Settlement Agreement”). The instant action was dismissed on October 31, 2017. Cannon now moves for an order to enforce the Settlement Agreement, in particular, (1) an order that Dar...

Excerpt: ...�I. Posada”) and Evangelina Posada (“E. Posada”) (jointly, “Plaintiffs”) filed the instant action against Mark Prather (“Prather”) and FCI Lender Services, Inc. (“FCI”) (jointly, “FCI Defendants”). In May, 2016, Plaintiffs filed Doe Amendments to the Complaint identifying Quest Mortgage Fund, LLC and Quest Equity Fund, LLC (jointly, “Quest”) as Does 1 and 2. Plaintiffs filed the operative First Amended Complaint (“FAC�...

Excerpt: ...y 21, 2017 with a Complaint alleging various causes of action relating to her employment. Defendants Northrop Grumman Systems Corporation and Northrop Grumman Corporation filed their Answer on August 25, 2017; Defendants Craig Boyer and Robert Raffaele filed their Answer on October 18, 2017; and Defendants Patricia Gutierrez and Oscar <001a0003000b0046005200 000f000300b300270048>fendants”). Defendants all alleged the same affirmative defenses i...

Excerpt: ... of general jurisdiction has the power, after final judgment, and regardless of lapse of time, to correct clerical errors or misprisions in its records, whether made by the clerk, counsel or the court itself, so that the records will conform to and speak the truth.” ((Ames v. Paley (2001) 89 Cal.App.4th 668, 672); see also Code Civ. Proc. § 473(d).) According to the concurrently filed Declaration of John E. Bouzane, who is counsel for Plaintif...

Excerpt: ...d/b/a Art of Music and Arthur Thomas. Plaintiff seeks an award of $33,913.47 reflecting $31,047.55 demanded in the Complaint, $909.50 in prejudgment interest, $635 in costs, and $1,321.42 in attorney's fees. The Court finds that Plaintiff has sufficiently supported its request with the submitted evidence and declarations. Accordingly, the Court grants Plaintiff's request and will enter judgment for Plaintiff in the amount of $34,448.47, which inc...

Excerpt: ...unning (“Praxedes”) and Praxedes Running Trust (jointly, “Plaintiffs”) filed this action on June 13, 2016, alleging that sometime in 2010 the defendants conspired to intentionally divert water off of her property, in Azusa, California, causing her emotional distress and damage to her trees and vegetation. Praxedes' adult son, Steve Running (“Steve”), has lived at the subject property as the apparent caretaker since approximately 2009....

Excerpt: ...(“Carbon”) and Lionel Perera (“Perera”) (jointly, “Defendants”). Mazari filed the operative Second Amended Complaint (“SAC”) on July 25, 2017. The SAC alleges that Mazari was employed by Carbon as an assistant to Perera, the company president, from January 2015 until she was wrongfully terminated in December 2015. (SAC ¶¶ 8, 11a, 12a.) The SAC further alleges that Perera subjected Mazari to varying insults, which escalated, rega...

Excerpt: ...oup, APC (jointly, “Plaintiffs”) filed a Second Amended Complaint (“SAC”) which added a fifth cause of action for defamation per se against Defendants Larry Rabineau (“Rabineau”) and Law Offices of Larry Rabineau (“Rabineau Offices”) (jointly, “Defendants”). The fifth cause of action alleges that Defendants made false accusations to third parties that Mostafavi violated his fiduciary duty to his client and ethical rules, and t...

Excerpt: ...6 (“Baumel”) filed a verified complaint initiating this action. Baumel's Complaint alleges causes of action for breach of fiduciary duty, elder abuse, an accounting and declaratory relief against Defendant Charles De Seve (“De Seve”). On October 10, 2017, De Seve filed a Verified Cross-Complaint against Baumel alleging breach of oral contract, promissory estoppel and declaratory relief (the “Cross-Complaint”). Baumel now demurs to eac...

Excerpt: ...f”) filed this action on March 21, 2016 against Defendants McDermott Will & Emery LLP (the “Firm”) and Jonathan C. Lurie (“Lurie”) (jointly “Defendants”) The First Amended Complaint (“FAC”) was filed on June 15, 2016. The FAC alleges that Defendants were retained by Plaintiff's deceased husband, Dwight D. Opperman (“D. Opperman”) during his lifetime to prepare and implement his estate plan. The Complaint further alleges that...

Excerpt: ...ust (jointly, “Plaintiffs”) filed this action on June 13, 2016, alleging that sometime in 2010 the defendants conspired to intentionally divert water off of her property, in Azusa, California, causing her emotional distress and damage to her trees and vegetation. Praxedes' adult son, Steve Running (“Steve”), has lived at the subject property as the apparent caretaker since approximately 2009. On November 28, 2017, Defendant San Gabriel Ri...

Excerpt: ...(“VCA”) and Ryan Whitlow (“Whitlow”). Anderson alleges that she was subjected to workplace harassment by Whitlow while working as a receptionist for VCA. Anderson now moves for leave to file a First Amended Complaint to allege an additional cause of action against VCA: negligent hiring, supervision and/or retention. Anderson contends that following the deposition of another VCA employee, Oscar Martinez (“Martinez”), on November 6, 201...

Excerpt: ...29, 2017, alleging causes of action for medical negligence, elder abuse, negligent infliction of emotional distress, strict products liability, and products liability-negligence (the “Complaint”). The gravamen of the Complaint concerns personal injuries sustained by Plaintiff Harvey Stone as a result of medical negligence by Defendant Philip Straw, D.C., and/or as a result of a defective product (an electro-medical device) manufactured, assem...

Excerpt: ...rown”); Philip L. Browning; County of Los Angeles; Los Angeles Department of Children and Family Services; Superior Court of California for the County of Los Angeles; Mary Theresa Meza; Carvin Hall; Sonia Valiente; and Monica Rosenblum (collectively, “Defendants”). On October 3, 2016, Plaintiff filed a First Amended Complaint (“FAC”). The gravamen of Plaintiff's action is that the Court Commissioner hearing her juvenile dependency case ...

Excerpt: ... Company (“Ford”) alleging violations of provisions of the Song-Beverly Consumer Warranty Act and the Magnuson-Moss Act (also known as Lemon Law claims). Ford now moves to disqualify Victor Block, counsel for Markle, and his newly formed law firm, the Block Law Group, because Mr. Block previously and recently represented Ford in hundreds of Lemon Law cases. Evidence Request for Judicial Notice Markle's request for judicial notice is granted. ...

Excerpt: ...move for relief under CCP, §473 seeking an Order allowing them to file an untimely Motion to Tax Costs. CCP §473(b) provides in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by...

Excerpt: ...rporation (“Defendant”) alleging violations of the Fair Employment and Housing Act and the Labor Code. Plaintiff had been employed by Defendant from 2008 until 2016, when he resigned. Defendant now moves for an order compelling arbitration pursuant to Plaintiff's duly executed arbitration agreement. Plaintiff opposes on the basis that no valid arbitration between the parties exist and that the arbitration agreement is unconscionable, and ther...

Excerpt: ...LLC and Nathanial Cunningham Jr. Plaintiff seeks an award of $60,374.03 reflecting $55,813.26 in principal, $1,819.51 in prejudgment interest, $2,006.26 in attorneys' fees and $735.00 in costs. Plaintiff also seeks an additional $15.29 per day in prejudgment interest from December 18, 2017. The Court finds that Plaintiff has sufficiently supported its requests with the submitted evidence and declarations. Accordingly, the Court grants Plaintiff's...

Excerpt: ...a, Inc. (“LISI”), Hi-Shear Corporation, Inc. (“Hi- Shear”), and Michael Keating. Default was entered against LISI on November 13, 2017. LISI now moves to set aside the entry of default against it pursuant to CCP §§ 473.5 and 473(b). LISI originally made this motion on November 22, 2017 on an ex parte basis, which Plaintiff opposed on the grounds that no exigent circumstances existed. The Court denied the motion without prejudice to LISI...

Excerpt: ...ino”), as successor-in-interest to Eugene Nicholas Merino (“Eugene Merino”), deceased, and Doe Defendants 1 through 10, inclusive. The Garcias also filed a notice of related case on that same date, identifying the case Merino v. Garcia, et al., Los Angeles County Superior Court Case Number BC635651 (Merino v. Garcia), as a pending related case between the same parties on the same or similar claims. On August 2, 2017, the Honorable Howard L....

Excerpt: ...ED C. REQUESTS FOR SANCTION S Factual & Procedural Background Plaintiff Romex Textiles, Inc. (“Plaintiff”) filed the instant action on February 16, 2017 against Entity Defendant A & G Connection, Inc. and Individual Defendants Hyung Gun Ban and Young Sook Ban. The Complaint alleges causes of action for: (1) breach of contracts; (2) open account; (3) account stated; (4) goods sold and delivered, (5) conversion, (6) claim and deliver, (7) promi...

Excerpt: ...s of the Paul L. Garcell and Pamela Hertz Revocable Family Trust, Stacey L. Hertz, as Trustee of the Stacey L. Hertz Revocable Family Trust, and as Personal Representative of the Estate of Murray Hertz, Patrick Dermody and Clara Carmen Dermody as individuals and Trustees of the Patrick and Clara Carmen Dermody Family Trust, Robert Richardson, individually and as Trustee of the Robert S. Richardson and Saundra Richardson Family Trust (collectively...

Excerpt: ...N INVESTMENTS, LLC Background On March 15, 2017, Plaintiffs Landmark Dividend LLC and Landmark Infrastructure Holding Company LLC (jointly “Plaintiffs”) filed their initial Complaint. Defendants Ross Klein (“Klein”) and Lefturn Investments, LLC (jointly, “Defendants”) demurred, and prior to the hearing on Defendants' demurrer to the Complaint, on July 13, 2017, Plaintiffs filed their First Amended Complaint (“FAC”). The FAC allege...

Excerpt: ...aintiff seeks an award of $39,044.56 <004b004800030026005200 005600030057004b0044>t Plaintiffs have sufficiently supported their requests with the submitted evidence and declarations. Accordingly, the Court grants Plaintiff's request and will enter judgment for Plaintiff in the amount of $39,044.56. No appearances are necessary at the hearing on this matter. <0003000300030003000300 03> __ Hon. Teresa A. Beaudet Judge, Los Angeles Superior Court ...

Excerpt: ... set forth below. The Legislature recently passed AB 383, which adds Section 2016.080 to the Code of Civil Procedure, effective January 1, 2018. That section provides, at subdivision (a): “If an informal resolution is not reached by the parties, as described in Section 2016.040, the court may conduct an informal discovery conference upon request by a party or on the court's own motion for the purpose of discussing discovery matters in dispu...

Excerpt: ...requirements (CRC 3.1362) and has provided sufficient reasons for withdrawal. Accordingly, the motion to be relieved as counsel will be granted. It is so ORDERED. DATED: January 18, 2018 __ Hon. Teresa A. Beaudet Judge, Los Angeles Superior Court ...

Excerpt: ... RULING ON PLAINTIFF'S AND CROSS- DEFENDANTS' MOTION FOR JUDGMENT PURSUANT TO CCP SECTION 631.8 [TENTATIVE AND PROPOSED] STATEMENT OF DECISION BY THE COURT AFTER TRIAL This matter came on for trial on September 25-27, 2017 in Department 50 of the above- entitled Court before the Hon. Teresa A. Beaudet, sitting without a jury. The Court, having considered the evidence and read the arguments of counsel, issues this tentative and proposed Statement ...

Excerpt: ...s Ditech Financial LLC; MTC Financial Inc.; and The Bank of New York Mellon. This action arises from a dispute over a mortgage on real property located in Long Beach, California (the “Property”). The Complaint asserts causes of action for (1) violations of Civil Code §2923.6; (2) negligence; (3) violations of Business & Professions Code §17200, et seq.; and (4) declaratory relief. Ditech Financial LLC (“Ditech”) and The Bank of New York...

Excerpt: ...G ON LIABILITY APPEAL AND B. PREVAILING ON FEES/COSTS APPEAL Background On January 15, 2014, Plaintiff The Redbean House Corporation (“Redbean”) filed a complaint against Defendant Colonnade Wilshire Corp. (“Colonnade”), Charles Dunn Real Estate Services, Inc. (“Charles Dunn”), Amir Madadi (“Madadi”), and DOES 1 through 10 (collectively “Defendants”) alleging causes of action for: (1) intentional misrepresentation; (2) neglige...

Excerpt: ...AINTIFF'S REQUEST FOR DEFA U Plaintiff H.L. Foodservice, Inc. requests that the Court enter default judgment against Defendants YS USA, LLC and Seok Park. After reviewing Plaintiff's default judgment package in support thereof, the Court finds the following defects:  Plaintiff still does not provide a separate document submitted under oath including an interest computation pursuant to Cal. Rules of Court Rule 3.1800(a)(3). While the Court appr...

Excerpt: ...ace (“Defendant”) to recoup money Defendant allegedly obtained through a fraudulent scheme involving encumbering property that was not hers. On the same day the action was filed, the parties entered into a written settlement agreement (the “Agreement”). Plaintiffs subsequently moved to enforce the settlement agreement; the Court granted the unopposed motion on June 30, 2017. The Court also ordered Plaintiffs to give notice and to file a p...

Excerpt: ... March 15, 2017 against Defendants Ross Klein and Lefturn Investments, LLC (jointly, “Defendants”). Plaintiffs filed the operative First Amended Complaint (“FAC”) on July 13, 2017. The FAC alleges that Lefturn Investment, LLC was assigned nine Outdoor Advertising Lease Agreements (the “Site Leases”) for sites on which nine billboards were placed, located in various states in the Southeast United States, along with a Master Lease which...

Excerpt: ...ebruary 10, 2016. Plaintiff moves to compel the deposition of Carl Vizri after noticing his deposition for <0003002700480046004f00 0011000c00030037004b>e Court notes that no opposition to the motion to compel nor proofs of service of the motion have been filed. Accordingly, the Court denies the motion without prejudice to Plaintiff renewing the motion and giving proper notice thereof. Plaintiff is ordered to provide notice of this Order. <0003000...

Excerpt: ... ESCALATOR CO., INC. and Michael Barnum in the amount of $48,101.40. After reviewing Plaintiff's default judgment package, the Court finds that Plaintiff has corrected all of its defects. However, the Court finds that there remains insufficient evidence to grant judgment as to Michael Barnum. In terms of evidence of alter ego, statements made on information and belief are not statements made from personal knowledge of the purported facts. Moreove...

Excerpt: ....03. After reviewing Plaintiff's default judgment package, the Court finds the following defects:  Plaintiff declares that the Complaint sought $24,000, but thereafter the parties entered into a settlement agreement that provided Defendant would pay $24,000 plus $6,000 in estimated legal expenses to compensate for Plaintiff bringing this suit. Plaintiff further declares that Defendant paid $25,000 but still owes $6,000 for the remaining $4,000...

Excerpt: ...ment package, the Court finds the following defects:  While Plaintiff's counsel has adequately explained the corrections made to the CIV‐100, including the change with regard to the principal reflecting only six months of lost rent less a security deposit paid, along with interest and attorneys' fees calculations, the information provided must be given in a declaration under oath by a percipient witness, not by counsel who has no personal kn...

Excerpt: ...ne and Mimi Saidane (jointly, “Plaintiffs”) brought this action on June 30, 2017 against Defendants Patrick Khalafian (“Khalafian”),” Dertad Teddy Bedjakian “Bedjakian”) and 168 Entertainment, LLC (the “LLC”). The Complaint alleges that the Plaintiffs entered into an investment agreement (the “Agreement”) with Khalafian and the LLC on November 30, 2009, wherein Plaintiffs agreed to invest $205,000 into a new internet project...

Excerpt: ...Hearing Date Hearing Time: BC 672524 January 10, 20 8:30 a.m. [TENTATIVE] ORDER RE: APPLICATION FOR ADMISSION PR Katherine L. Villanueva applies to the Court for admission pro hac vice to appear on behalf of Defendant Lincoln Benefit Life Company ("LBLC)_ The Application is submitted with a declaration by Katherine L. Villanueva made under penalty of perjury and is in compliance with the requirements set forth in Califomia Rules of Court Rule 9.4...

Excerpt: ...) filed this action for breach of contract and related claims on August 17, 2016 against Defendants Advanced Back Technologies, Inc. (“ABT”), <0048000300b30026005800 00030037004b00480003>Cuccias now specially appear to move to quash service of the summons and complaint on jurisdictional grounds. Plaintiff opposes on grounds that California case law permits plaintiffs to request a continuance to conduct discovery in order to establish the nece...

Excerpt: ...u (“Chiu”) and DFT, Inc., dba Cannon Management (“Cannon”). On June 30, 2017, Plaintiffs filed a first amended complaint. On October 26, 2017, Plaintiffs obtained an order from the Court granting their motion for leave to file the Second Amended Complaint (“SAC”). The SAC was filed that same day. On November 3, 2017, the Court continued the motion to consolidate by Chiu and Cannon to this date so LGI, then recently served with the SAC...

Excerpt: ...October 4, 2013 against a number of defendants, including David DeShay (“DeShay”). On April 8, 2016, Intervening Defendant James Mellein (“Mellein”) sought leave from the Court to file an answer and cross-complaint in intervener, which was granted. He then filed the operative First Amended Answer and Cross-Complaint in intervention on January 6, 2017. On September 4, 2017, Mellein served DeShay with his Form Interrogatories, Set Two. (Mel...

Excerpt: ...S TO SECOND SET O PRODUCTION OF DOCUMENT S E. REQUESTS FOR SANCTIONS ( C Factual & Procedural Background Plaintiff Paul De Vore filed the instant action in interpleader on October 4, 2013 against a number of defendants, including David DeShay (“DeShay”). On April 8, 2016, Intervening Defendant James Mellein (“Mellein”) sought leave from the Court to file an answer and cross-complaint in intervener, which was granted. He then filed the ope...

Excerpt: ...by Hayley Ellison made under penalty of perjury and is in compliance with the requirements set forth in Califomia Rules of Coun Rule 9 40(d)_ Accordingly, the unopposed Application is granted. Defendant is ordered to provide notice of this ruling DATED: January S, 2018 Hom Teresa A. Beaudet Judge, Los Angeles Superior Court...

Excerpt: ...ment and Housing Act (“FEHA”) on March 23, 2016 against Defendant County of Los Angeles Department of Mental Health (“Defendant” or “County”). Plaintiff filed the operative Second Amended Complaint (“SAC”) in this action on February 2, 2017, alleging five causes of action for (1) workplace color discrimination; (2) national origin discrimination; (3) hostile work environment; (4) retaliation for engaging in a protected activity; a...

Excerpt: ...laintiff Maria Salazar (“Salazar”) filed this employment action on July 27, 2017 against Defendant Pavilion on Pico Healthcare & Wellness Centre, LP d/b/a Country Villa Pavilion Nursing Center (“Pavilion”). The operative Complaint alleges seven causes of action for (1) failure to pay wages under the Labor Code; (2) failure to pay minimum wages under the Labor Code; (3) failure to pay overtime compensation under the Labor Code; (4) failure...

Excerpt: ...aned $190,000 to Defendants to use towards the purchase of a particular property, which Defendants failed to do. When Plaintiff demanded the return of the funds, Defendants refused to do so. On April 24, 2017, Plaintiff propounded special interrogatories on Defendants. Responses were due May 24, 2017.[1] Thereafter, Plaintiff provided a number of extensions through June 19, 2017, and agreed to email service on that date. On June 19, 2017, counsel...

Excerpt: ...(“Ninomiya”) (jointly, “Defendants”). AKFP, a California general partnership, alleges that it entered into a contract with Ryoho wherein AKFP would represent Ryoho in its efforts to secure licensees for the intellectual property rights contained within a certain patent to all of North, Central and South America. (Compl. ¶ 8, Exh. 1 to Compl.) Ryoho likewise granted AKFP a power of attorney appointing it as the exclusive sales and licensi...

Excerpt: ...in real property located at 2120 Hill Drive in Los Angeles (the “Hill Property”). Elba P. Garza (“Elba”)[1] filed her Cross-Complaint in this case on March 29, 2016, alleging that her daughter, Cross-Defendant Rosalinda Garza Wiesand (“Rosalinda”) began to use Ulysses Angulo (“Ulysses”) and Yolanda Angulo (“Yolanda”) as proxies to do Rosalinda's bidding in convincing Elba to engage in financial transactions that were of benefi...

Excerpt: ...d filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court.” The Court notes that the Proof of Service attached to the Demurrer shows that Defendant Governor Edmund G. Brown Jr. (“Defendant”) served Plaintiff Melody Rodgers (“Plaintiff”) at the correct address but failed to include her unit number. (Demurrer, Proof of Service.) The Court fu...