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: ...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: ...�), 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: ...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: ...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: ...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: ...) 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: ...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: ...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: ...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: ...(“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: ...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...