Excerpt: ...tion Millea agrees Barba may serve as the only plaintiff in this action. No personal representative has been appointed by a California court. This motion is denied without prejudice to refiling with evidence regarding Millea's agreement or disagreement with Barba substituting in as the plaintiff in this matter. ...

Excerpt: ... complaint is due January 29, 2018. Judgment is still sought against Naylor as president of the corporate defendants. Any judgment would be joint and several, so default judgment cannot be entered against any defendant until it can be entered against all defendants. No proof of service of the summons and complaint against Du-Par's Encino, Inc. has been filed, and no default against it has been entered. No dismissal of the other entity defendants ...

Excerpt: ...AINED with leave to amend, and the demurrer to the first cause of action as asserted by Plaintiffs individually is OVERRULED. Plaintiff may file an amended complaint within 10 days. Demurrer Defendants demur to the first cause of action for breach of fiduciary duty, second cause of action for fraud, and third cause of action for securities fraud. First Cause of Action for Breach of Fiduciary Duty The elements for a breach of fiduciary duty cause ...

Excerpt: ...ion for fraud, third cause of action for securities fraud, and fourth cause of action for financial elder abuse. Standing Defendants assert Plaintiff lacks standing to bring this action. The court agrees in part. As a preliminary matter, the Court notes the plaintiff in this action is not clearly defined. The caption of the FAC still refers to Kenneth V. Blackford as the “Plaintiff,” but the allegations show that Elizabeth Blackford is the pl...

Excerpt: ...t plaintiff purchased the subject property in 2009 as a residence for its employees. As plaintiff was a newly formed corporation, it lacked sufficient credit history to make the purchase. Defendants, shareholders in plaintiff, agreed to hold title as they had good credit. Plaintiff gave defendants the money for the down payment and made all payments associated with the property. The parties had a written agreement that the property would belong t...

Excerpt: ...��) filed a complaint against Defendants Joseph Ahn (“Defendant”) and Does 1 to 10 for (1) defamation and (2) negligent infliction of emotional distress. On November 3, 2017, Plaintiff filed a First Amended Complaint (“FAC”) for (1) slander per se; (2) defamation; and (3) intentional infliction of emotional distress. Defendant filed the instant demurrer on December 7, 2017. Defendant demurs to the first cause of action for slander per se,...

Excerpt: ...ctions of $2800 within 30 days. Background The complaint alleges that plaintiff employed defendant Wing Lee as a sales manager, which gave him access to accounting software and inventory. From January 2011 through October 2016 defendant embezzled $815,947 from plaintiff. Defendant transferred the stolen funds to the remaining defendants, his parents. The funds were used to invest in real estate and businesses. Defendant admitted stealing the fund...

Excerpt: ...47004800550003000b[1988) 199 Cal.App.3d 1324, 1329).) “‘It is not necessary that there be a manual taking of the property; it is only necessary to show an assumption of control or ownership over the property, or that the alleged converter has applied the property to his own use.'” (Id.) To plead a cause of action for conversion, one must allege (1) the plaintiff's ownership or right to possession of personal property; (2) defendant's dispos...

Excerpt: ...00550003000b[1988) 199 Cal.App.3d 1324, 1329).) “‘It is not necessary that there be a manual taking of the property; it is only necessary to show an assumption of control or ownership over the property, or that the alleged converter has applied the property to his own use.'” (Id.) To plead a cause of action for conversion, one must allege (1) the plaintiff's ownership or right to possession of personal property; (2) defendant's disposition ...

Excerpt: ...Reyes as trustee of the Zoila Reyes Trust is SUSTAINED without leave to amend. Defendants' demurrers to the first, seventh, and eighth causes of action are OVERRULED. Defendants' demurrer to the third cause of action is SUSTAINED with leave to amend. Defendants' motion to strike is GRANTED as to paragraphs 41 and 46, and DENIED as to paragraphs 1, 32, 59, 64, and the prayer for punitive damages. Defendants' motion to strike paragraph 37 is MOOT. ...

Excerpt: ...int alleges causes of action in breach of contract and breach of guaranty and seeks $45,937.27 plus prejudgment interest and attorney fees. The loan amount was $50,000. Plaintiff states that the repayment amount was $72,500.78. Plaintiff failed to explain the different in the amount loaned and amount required for repayment, which is likely interest. The loan was made less than a year ago. Plaintiff is seeking interest on $45,837.27, which would b...

Excerpt: ... not abate to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest.” (Code Civ. Proc., § 377.31.) As executor of the Steve Gonzalez' estate, Ronald Gonzalez is his personal representative. The motion is granted. ...

Excerpt: ...nt is OVERRULED. Defendants' motion to strike punitive damages is DENIED. Defendants' motion to strike costs is GRANTED without leave to amend. Plaintiff Simaalsadat Masajedian's request for sanctions pursuant to CCP section 128.7 is DENIED. Defendants shall file an answer within 10 days. Request for Judicial Notice Plaintiff requests judicial notice of the following facts: 1. According to CCP § 459, Plaintiff could either mention that she has f...

Excerpt: ...ks Carpenter's demurrers to the fourth, fifth, sixth, seventh, eighth, and ninth causes of action are SUSTAINED with 10 days leave to amend. Defendant Carolyn Weeks Carpenter's motion to strike is MOOT. Discussion On August 1, 2017, Plaintiff Rosco Ellis (“Plaintiff”) filed a complaint against Defendants Jerome Say; Karis Say-Cavecche; Catherine Say-Cole; Maria Zarro-Anaya; Alexa Say-Rodriguez; Donna Duperron; Terri Hack; Carolyn Weeks-Say; B...

Excerpt: ...crow, whether there is an impossibility of performance as there is a court order barring the sale of Vincente's half interest in the property, whether the consideration for the property is adequate as there is evidence it is significantly below market value, and whether Stradella demanded Luis perform the purchase agreement by selling his half interest in the property or whether Stradella made a new offer for Luis' half interest. DISCUSSION Plain...

Excerpt: ...Plaintiffs”) filed a complaint against Defendants Capital One Bank; Sherie Howard; Lydell Howard; and Does 1 to 50 for (1) fraud; (2) conversion; (3) unjust enrichment; (4) monies had and fraudulently received; and (5) negligence. On December 28, 2017, Defendant Capital One, N.A. (erroneously named as Capital One Bank) (“Defendant”) filed the instant demurrer to complaint. Plaintiffs filed an untimely opposition on January 26, 2018. Demurre...

Excerpt: ...017, deeming requests for admissions admitted on the grounds of mistake, inadvertence, surprise and/or excusable neglect or attorney declaration of fault. The standard for relief from an admission made in a request for admission is set forth in Code of Civil Procedure section 2033.300, and is controlling. (St. Paul Fire & Marine Ins. Co. v. Sup. Ct. (1992) 2 Cal.App.4th 843, 852, addressing former code section 2033, subd. (m), disapproved on othe...

Excerpt: .... to provide further responses to request for production of documents and to produce responsive documents. Plaintiff reserved a single motion for today, a motion to compel discovery (not further). The motion plaintiff filed is entitled “Motion to Compel Production of Documents.” Plaintiff has combined two motions in the papers filed; the reserved motion to compel production of documents and an unreserved motion to compel further responses to ...

Excerpt: ... civil penalties. Plaintiff did not meet its burden of establishing that defendants MMB is operating illegally as there is no evidence as to the disposition of defendants' hardship exemption application. There is a triable issue of fact as to whether plaintiff suffered an injury in fact and lost money or property as there is no evidence plaintiff, its tenant or its prospective tenants could operate an MMB in plaintiff's leased property legally. D...

Excerpt: ...ntiffs obtained a judgment against defendants. Defendants transferred all assets to defendants KMA and SLB, without sufficient consideration, to avoid payment to creditors including plaintiffs. The complaint alleges causes of action in: (1) fraudulent transfers; (2) conspiracy; (3) declaratory relief; (4) accounting; (5) appointment of a receiver; (6) unfair competition; (7) breach of fiduciary duty; (8) successor liability. Plaintiffs move to en...

Excerpt: ...auses of action are OVERRULED. First Cause of Action for Breach of Contract (against IDFIX only) “The standard elements of a claim for breach of contract are: ‘(1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) damage to plaintiff therefrom.'” (Wall Street Network, Ltd. v. New York Times Co. (2008) 164 Cal.App.4th 1171, 1178.) Plaintiff alleges that Plaintiff and IDFIX entered into tw...

Excerpt: ...e a cause of action. Allegations of the Complaint The complaint alleges that plaintiff initiated a commissioner meeting between plaintiff and defendant to address issues of improper efforts by the School District to fill vacancies. The meeting was set for November 1, 2016, at 5:00 p.m. It was required that both plaintiff and defendant attend the meeting, as there were only three commissioners and the third commissioner seat was vacant. Shortly be...

Excerpt: ...dars-Sinai Medical Center's demurrers to the first, second, and third causes of action are SUSTAINED with leave to amend. Defendant's demurrer to the fourth cause of action is OVERRULED. 4. Defendant Cedars-Sinai Medical Center's motion to strike attorneys' fees is DENIED. Defendant's motions to strike punitive damages from the fourth cause of action and loss of consortium claims are GRANTED. Defendant's motion to strike punitive damages from the...

Excerpt: ...ates that defendant was personally served at his home in New Jersey on October 5, 2017. Defendant submits his declaration that he flew to California on October 4, and did not return to New Jersey until October 14. He includes a copy of his itinerary. Defendant's declaration is short on details, including when and how he discovered this action was filed against him, and the court notes the itinerary attached does not include any names, or even est...

Excerpt: ... three sessions of deposition of ACF's Person Most Knowledgeable. Defendant Fox was the designated PMK in the first two sessions. Plaintiffs assert that defendants' attorney, Turken, objected to most questions, followed by lengthy discussions regarding the propriety of the questions which caused all participants to lose track of the actual questions, and that both Turken and Fox left their cell phone volumes on, so that the deposition was constan...

Excerpt: ...USSION Plaintiffs move to strike the cost bill on the grounds that neither Fox nor ACF Property Management, Inc. is a prevailing party in this matter and the cost bill does not claim that the dismissed defendants incurred these costs or that the costs were necessary. Defendants Gary Dragul, Yani Viteri, Ed Delava, Harvey Prince, and GDA Real Estate Management, Inc. (collectively “dismissed defendants”) were dismissed from the action by plaint...

Excerpt: ...��) (collectively “Plaintiffs”) filed a complaint against Defendants Bruce K. Defnet; Jane M. Defnet; Marshall R. Murphy; Dina C. Murphy; Jane M. Garcia; and Does 1 through 20 for (1) fraud and deceit – suppression intentional misrepresentation of fact; (2) fraud and deceit – suppression of fact/fraudulent concealment; (3) mortgage fraud; and (4) constructive fraudulent transfer. Plaintiffs allege they were subject to a First Deed of Trus...

Excerpt: ...to quash deposition subpoenas to third-parties DB Private Wealth Management and City National Bank are DENIED. Background Demurrer: On August 3, 2017, Plaintiffs Gadi Maier and Marlene Maier, individually and as Trustees of the Maier Revocable Trust (“Plaintiffs”) filed a complaint against Defendants Alan C. Fox, individually and as Trustee of the Alan C. Fox Revocable Trust (“Fox”); ACF Property Management, Inc. (“ACF”); and Does 1 t...

Excerpt: ...II at the time they had sex, could transmit the disease to sexual partners even if he was not having an outbreak, or failed to deny the fact that he had the disease and settled a lawsuit with a sexual partner over exposing that partner to the disease. Plaintiffs are now in fear they contracted the disease, and of the potential complications from the disease. The complaint alleges causes of action in: (1) sexual battery; (2) fraud; (3) negligence;...

Excerpt: ...ry for car dealerships, and Westlake Financial purchases and services motor vehicle retain installment sales contracts. Both plaintiffs provided financing to defendant. Defendant was required to repurchase installment sales contracts upon notice if certain conditions were not met. Defendant failed to pay the financing for the inventory and failed to repurchase installment contracts. The complaint alleges causes of action in: (1) breach of contrac...

Excerpt: ...torney fees and costs. Collateral Estoppel Counsel raise the ruling of the trial court on a special motion to strike brought against a virtually identical cross-complaint filed by David in Taylor v. David, LASC case number BC649025. They argue that collateral estoppel applies to prevent David from prevailing in the motions. Collateral estoppel requires that the issue be identical to that decided in the prior proceeding; actually litigated in the ...

Excerpt: ...ok control of Optional and converted over $30 million in property from Optional to manipulate the market and deposit in bank accounts in California. They purchased real and personal property in the US and created Alexandria Investments. In March 2004 the United States filed an in rem forfeiture proceeding, seizing personal property and money in bank accounts, including over $14 million in Credit Suisse Bank in Geneva, Switzerland, and filed lis p...

Excerpt: ...n off calendar as moot. The motion to compel further responses to special interrogatories is denied. Plaintiff's request for sanctions is denied. The motion to compel further responses to request for production of documents is taken off calendar as not properly reserved. Plaintiff may reserve a date for hearing through the court reservation system. Plaintiff's Motion to Compel Further Responses from Defendant Yusef J. Kahrobai to Form Interrogato...

Excerpt: ...TAINED with 10 days leave to amend as to Cross-Defendants Hua Li and Zhong Ren Lin, and SUSTAINED without leave to amend as to Cross-Defendant Hokkaido Culinary Group, Inc. Background <0055005c0003002a005500 00110003000b00b3002b[okkaido”) filed a complaint against Defendants Hanping Huang aka Peter Huang (“Cross-Complainant”); Chao Wang; all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in <0003004...

Excerpt: ...��Plaintiff”) filed a complaint against Defendants Lifehouse Bakersfield Operations, LLC dba Bakersfield Healthcare Center (“Defendant”) and Does 1 through 200 for (1) elder abuse (Welfare and Institutions Code sections 15600 et seq.); (2) negligence; and (3) violation of Residents' Rights (Health and Safety Code section 1430(b)). On June 26, 2017, Defendant filed the instant demurrer to complaint and motion to strike. On August 25, 2017, t...

Excerpt: ... to San Fernando all attorney-client communications and confidential records dated prior to January <005100460057004c005200 00480051004c00480047[. Background The complaint alleges a single cause of action in legal malpractice, stating defendants did not use the requisite skill and failed to exercise reasonable care in their representation of plaintiffs. The cross-complaint alleges that plaintiffs assumed responsibility for paying for the legal se...

Excerpt: ...h and his attorney Kaplan, Kenegos and Kadin, jointly and severally, are ordered to pay plaintiff sanctions of $3390 within 30 days. INITIAL NOTE: As this is a family dispute, and the defendants and declarants all share the same last name, first names are used as a matter of clarity. No disrespect is intended. DISCUSSION An unverified discovery response is treated as no response. (Steele v. Totah (1986) 180 Cal.App.3d 545, 549; Appleton v. Sup. C...

Excerpt: ...ame, as plaintiff failed to explain the delay in filing her amended complaint or the filing of that motion. Plaintiff was to provide proof of her medical emergency and of her failure to timely file an amended complaint. Discussion Plaintiff's motion reflects insufficient CCP § 1005(b) notice. This provision states, in pertinent part, as follows: “Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall b...

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: ...fendant's promise to deliver within 30 days of the order. Plaintiff alleges that the delivery contained defective and incorrect materials and that some portions of the order were missing entirely. Plaintiff alleges that Defendant agreed to take back and refund the materials, but when Plaintiff attempted to deliver the materials, Defendant refused. Proof of Service/Default Service of the summons and complaint was made on Defendant by personal serv...

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: ...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: ...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: ...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: ...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: ...) 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...

Excerpt: ...d warranties pursuant to Song-Beverly; (3) fraud; and (4) negligence. On November 9, 2017, Defendant filed the instant demurrer to complaint and motion to strike. Plaintiff filed oppositions on December 19, 2017. Demurrer Third Cause of Action for Fraud As a preliminary matter, the Court notes that the allegations Plaintiff sets forth in this cause of action reference both misrepresentations and concealments. However, the caption of the complaint...

Excerpt: ...ecause Defendants physically attempted to remove the sign he was wearing around his neck, and for false imprisonment and malicious prosecution, because Defendants called the police (who arrested Plaintiff) and filed reports that led to criminal charges being filed (though these were later dropped). On August 01, 2017, the Court granted Defendants' motion to quash service of summons. On November 06, 2017, Defendants filed another motion to quash s...

Excerpt: ... Marvisi's (collectively “Defendants”) property caused excessive runoff and damage to Plaintiff John Chamblee's (“Plaintiff”) property. Further, the complaint alleged that Plaintiff's property is the dominant tenant and Defendants' property is the servient tenant to a recorded easement. The complaint alleges that through Defendants' construction to their property, they trespassed and encroached on Plaintiff's property and the recorded eas...

Excerpt: ...or-in-interest to Rolando Anaya (“Decedent”) (collectively, “Plaintiffs”) filed this wrongful death action against Defendant Terex USA, LLC (sued as Terex Corporation) (“Terex”), Superior Industries, Inc., Tri-State Aggregate Machinery, Parsell & Getters, LP (collectively, “Defendants”). Plaintiffs allege that Defendants manufactured, designed, sold, and installed a defective cone crusher system that did not have a safety guard or...

Excerpt: ...ay Seigel, individually and dba Alpert/Siegel & Associates; and Does 1 through 20 for (1) intentional interference with contractual relations; (2) breach of fiduciary duty; (3) breach of contract; and (4) wrongful eviction. Defendants demur to the third cause of action for breach of contract on the ground it is barred by the statute of limitations. “The standard elements of a claim for breach of contract are: ‘(1) the contract, (2) plaintiff'...

Excerpt: ...ocess by which a court acquires personal jurisdiction over a defendant in a civil action' [citation], and a defendant has an absolute right to demand that process be issued against him in a manner prescribed by law.” (Mannesmann DeMag, Ltd. v. Superior Court (1985) 172 Cal.App.3d 1118, 1122.) “Constitutional due process requirements are satisfied where the form of service provided and employed is reasonably calculated to give a litigant actua...

Excerpt: ...ntract (against BRI); (2) breach of written contract (against Folsom); (3) services renders/quantum meruit; and (4) open book account. Plaintiff alleges it entered into a written agreement to represent Defendants in two underlying cases. Plaintiff asserts that it represented Defendants in the underlying cases for nearly seven years and sent monthly invoices to Folsom on BRI's behalf throughout the underlying cases. Plaintiff asserts that after De...

Excerpt: ...e first cause of action for elder abuse. Defendant argues that the FAC fails to allege sufficient facts to constitute elder abuse. Request for Judicial Notice Defendant requests judicial notice of the Declaration of Emma E. Tamiazzo by and through her Successor in Interest, Tami Lynn, Pursuant to CCP section 377.32 and authenticated Death Certificate filed on August 10, 2017. Defendant's request is granted. First Cause of Action for Elder Abuse C...

Excerpt: ...ogatories relating to any investigation into the allegations in plaintiff's lawsuit, (2) the investigating officer's chronological log for LAPD Complaint Form No. 16-71 and (3) the investigating officer's entire “rough notes package” for LAPD Complaint Form No. 16-71. City has no objection to production of the referenced documents from the LAPD's internal investigation files since they concern the LAPD's administrative investigation of some o...

Excerpt: ...traightforward motion to compel (and was reserved as a motion to compel), it is actually a motion to compel further responses, in that Plaintiff concedes Defendants have provided responses (albeit purportedly “late and with objections”). Plaintiff also seeks issue sanctions. California Rules of Court, Rule 3.1345 requires all motions to compel further responses to discovery to be accompanied by a separate statement. Plaintiff's motion does no...

Excerpt: ... court related Case Nos. BC618725, BC654258, BC654607 and TC028895. On 12/8/17, this court related Case Nos. BC618725, BC654258, BC654607, TC028895 and BC683678. Request for Judicial Notice Defendants' request for judicial notice is granted as to Exhibit “A” (i.e., First Amended Complaint filed 10/18/17 in the Unlawful Detainer Action), Exhibit “B” (i.e., Complaint filed 11/16/17 in the Title Action), and Exhibit “E” (i.e., complaint ...