Excerpt: ...the sixth cause of action is DENIED. Background Plaintiff Isaac Khan (“Plaintiff”) obtained real property located at 10701 Wilshire Blvd #1904 (“Subject Property”) by way of a grant deed recorded on February 19, 1993. Plaintiff obtained a $550,000 refinance loan from America's Wholesale Lender which was recorded on December 5, 2006. (“Kahn Loan.”). After an assignment of the Deed of Trust which was recorded on June 21, 2011, a Notice ...

Excerpt: ... enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs. The CC&Rs, which the complaint sought to enforce, contained an attorney fees provision stating the prevailing party in an action t...

Excerpt: ...Wike (“Plaintiff”) filed a complaint against Defendants L.A. Fitness; Fitness International LLC; Jessica Doe; Mike Doe; and Does 3 to 50 for (1) general negligence; (2) negligent infliction of emotional distress; (3) intentional infliction of emotional distress; (4) public disclosure of a private fact; and (5) stalking. On November 6, 2015, Defendant Fitness International LLC filed a demurrer to complaint and motion to strike. On March 3, 201...

Excerpt: ...days. The request for admissions served on plaintiff by defendant are deemed admitted. Plaintiff is ordered to pay defendant sanctions of $2100 within 30 days. Background The complaint alleges that plaintiff was an authorized user on a credit card issued by defendant. Defendant reported failure to make payment on the card and that the account was closed on plaintiff's credit report, without reporting that plaintiff was only an authorized user and...

Excerpt: ...d was admitted to 24-hour care facilities. Decedent was neglected, and suffered two pressure ulcers, on her coccyx and right heel. These caused sepsis, which caused her death. The complaint alleges causes of action in: (1) elder abuse; (2) negligence; (3) violation of resident's rights and (4) wrongful death. Defendant Parkwest moves for a protective order exempting it from answering plaintiff's special interrogatories, set two, numbers 23-30. Th...

Excerpt: ...tered into an intercreditor agreement which provided that no Defendant would accept loan payments from Merriman Holdings until Plaintiff's loans were paid. Merriman Holdings did make payments to other Defendants, and the Defendants accepted the payments. The complaint alleges causes of action in: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) unjust enrichment; and (4) accounting. Motion to Dismiss Based on...

Excerpt: ...emovable safety guard were adequate and who was responsible for installation of an emergency stop on the conveyor. Summary adjudication is denied as to issue 2 as Fab Tec did not meet its burden of establishing it had a reasonable belief that RJ Noble would adequately warn its workers not to operate the crusher unless the safety guard was in place or in staying away from the crusher and conveyor when the crusher was in operation, and there is a t...

Excerpt: ...) and Does 1 through 10 for (1) violation of subdivision (d) of Civil Code section 1793.2; (2) violation of subdivision (b) of Civil Code section 1793.2; (3) violation of subdivision (a)(3) for Civil Code section 1793.2; (4) breach of express written warranty (Civ. Code sections 1791.2(a), 1794); (5) breach of the implied warranty of merchantability (Civil Code sections 1791.1, 1794); (6) violation of the Magnuson- Moss Warranty Act; and (7) frau...

Excerpt: ... Partners, LLC (collectively, “Plaintiffs”) filed a First Amended Complaint (“FAC”) against Defendants Hotel Fund, LLC (“HFL”), Yusef J. Kahrobai, Masoud Isaac Kahrobai, Behzad Yasmeh (“Behzad”), Behruz Yasmeh (“Behruz”), and KB Investment Partners III, LLC (collectively, “Defendants”), asserting eleven causes of action for (1) cancellation of deed, (2) fraud and deceit, (3) quiet title, (4) fraudulent transfer, (5) constr...

Excerpt: ...d011aLriguez (“Rodriguez”) and Hector Hernandez (“Hernandez”), and the lender, Westlake Services, LLC dba Westlake Financial Services (“WFS”). The purchase was completed through a Retail Installment Sale Contract (the “Sale Contract”). Plaintiff filed this action against Defendants on December 27, 2016, asserting twelve causes of action. On March 6, 2017, NMH filed a Motion to Compel Binding Arbitration (the “Motion”) pursuant...