Excerpt: ...nd Amended Complaint is SUSTAINED without leave to amend as to the Ninth and Tenth Causes of Action. Defendants Alla Tenina and Tatyana Baytalsky, former trustee and trustee for the TSC Irrevocable Trust's Demurrer to the Second Amended Complaint is OVERULED. FACTUAL BACKGROUND This is an action for fraud and conversion. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Migran Sldryan (“Plaintiff”) owned real property on ...

Excerpt: ...es as follows. Plaintiff Annette C. Barajas (“Barajas”) and Defendant Angel Marie Triola (“Triola”) each own one-half interests in certain real property in Torrance. (Compl. ¶¶ 1, 14.) Barajas repeatedly asked Triola to sell the real property but she refused. (Compl. ¶ 1.) PROCEDURAL HISTORY Barajas filed the Complaint on June 6, 2016 alleging two causes of action: 1. Partition (Real and Property) 2. Declaratory Relief On May 10, 2017 ...

Excerpt: ...”) purchased a new 2015 Mercedes-Benz C300W in April 2015, with an express written warranty. (Complaint ¶ 9.) The vehicle contained various defects. (Complaint ¶ 10.). The causes of action arise out of the warranty obligations of Mercedes-Benz (“Mercedes”) and VIP Motor Cars Acquisition, Inc., dba Mercedes-Benz of Palm Spring (“Mercedes PS”). (Complaint ¶¶ 4-5.) PROCEDURAL HISTORY Leal filed the Complaint on January 5, 2018, allegin...

Excerpt: ...ISCOVERY Plaintiff Vasken Imasdounian's Motion to Compel the Attendance and Testimony of Bolero Industries Inc.'s Employee Annie Imasdounian is DENIED. Annie Imasdounian's Motion for Protective Order is MOOT. FACTUAL BACKGROUND This is an action for breach of corporate fiduciary duties. The Complaint alleges as follows. Plaintiff Vasken Imasdounian (“Vasken”) and Defendant Daniel Imasdounian (“Daniel”) each own 50% of Bolero Industries, I...

Excerpt: ...Urth Payroll Services, Inc.'s Motion for Summary Judgment or Summary Adjudication is GRANTED FACTUAL BACKGROUND This is an action for disability discrimination. The Complaint alleges as follows. Plaintiff Luis Roberto Garcia (“Garcia”) worked for Defendants Urth Caffe Corporation, Urth Caffe Commissary, L.P., and Urth Payroll Services, Inc. (“Urth”) as a maintenance worker and dishwasher. (Complaint ¶ 18.) In September 2014, Garcia suffe...

Excerpt: ... Law case. The Complaint alleges as follows. In November 2011, Plaintiff Benito Fuentes (“Plaintiff”) purchased a new 2012 Ford F-35- Super Duty with an express warranty. (Compl. ¶ 9.) The vehicle was delivered with various serious defects and nonconformities, and developed further defects, to the engine, suspension, structure, exterior, and electrical system. (Compl. ¶ 10.) Defendant Ford Motor Company (“Ford”) was unable to conform th...

Excerpt: ...ause of action is for fraud. (Compl. ¶ 10.) PROCEDURAL HISTORY Bible filed the Complaint on April 11, 2019 alleging a cause of action for fraud. On May 29, 2019, Allred filed a Demurrer to the Complaint. On September 19, 2019, Bible filed a First Amended Complaint.[1] Bible has not filed an Opposition to the Demurrer. DISCUSSION I. MEET AND CONFER Before filing a demurrer or a motion to strike, the demurrer or moving party is required to meet an...

Excerpt: ... Deposition Subpoena is GRANTED. No sanctions are awarded. FACTUAL BACKGROUND This is a defamation case. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Jeff Nelson (“Nelson”) on July 31, 2016, invited a vegan Youtube personality to speak at an expo that Nelson holds each year. (FAC ¶ 18.) After Nelson announced the speakers, John Does, posing pseudonymously as Chantelle Robin (“Robin”), lefta variety of comments on...

Excerpt: ...irst, Second, Fourth and Fifth Causes of Action, and OVERRULED as to the Third Cause of Action. Defendant Century Field, Inc.'s Motion to Strike Portions of the First Amended Complaint is GRANTED with leave to amend as to the prayer for punitive damages. FACTUAL BACKGROUND This is an action for wrongful foreclosure. The First Amended Complaint (“FAC”) alleges as follows. In 2004 Plaintiff Jose Enrique Camacho (“Camacho”) took out a loan o...

Excerpt: ... prejudice. FACTUAL BACKGROUND This action involves the sale of real property. Plaintiff Gary O'Connor (“O'Connor”) alleges that he is the trustee of a trust that is the owner of a 90.05 percent share in two parcels of real property in Los Angeles, the “Compton Property” and the “East 1st Property.” (First Amended Complaint (“FAC”) ¶ 1.) The Complaint alleges generally that O'Connor entered into a Purchase Agreement (“Purchase ...

Excerpt: ...intiff Michael Berlin, M.D. (“Berlin”) alleges that defendants Patrick Johnson, M.D. (“Johnson”) and Cedars Sinai Medical Center (“CSMC”) fell below the standard of care during a spinal surgery performed on Berlin on April 8, 2014. (FAC ¶¶ 10–13.) Berlin alleges that he did not discover the facts underlying this cause of action until December 9, 2014. (Ibid.) PROCEDURAL HISTORY Dr. Berlin filed his Complaint on March 2, 2016, alle...

Excerpt: ...or conversion and unjust enrichment. The Complaint alleges as follows. Plaintiff Yoon Kyung Kang (“Kang”) owned 60% of a business. (Complaint ¶ 6.) Defendant Jin Won Kim (“Kim”) was the store manager of the business. (Complaint ¶ 7.) Kim took advantage of his position in June and September 2016 by (1) changing the name of the business without the notice or consent of Kang, and (2) by selling the business for $354,500, without distributi...

Excerpt: ...andhir Tuli (“Tuli”) alleges claims for breach of contract and fiduciary duties, as well as claims for unfair competition. At the heart of this case is whether the Governing Board of defendant Specialty Surgical Center of Thousand Oaks (“SSC”) properly terminated Tuli under the operative Third Amended and Restated Operating Agreement (“Operating Agrement”) as a Member of the Board of SSC based on his sending a letter through his couns...

Excerpt: ...GROUND This is an action for declaratory relief and unjust enrichment. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Scottsdale Indemnity Company (“Scottsdale”) issued a policy for Defendant Sunset Doheny Homes Association (“Sunset”) for liability and defense against certain claims. (FAC ¶¶ 3–5.) The policy obligates Sunset to provide information that Scottsdale requests. (FAC ¶¶ 6–7.) Sunset was sued in 20...

Excerpt: ... conversion and fraud action arising out of the sale of an “all-you-can-eat” Korean barbeque restaurant and a soured romantic relationship. Plaintiff LB Global, Inc. (“LB Global”) is a corporation organized by cross-defendant Chris Kang (“Kang”) for the purpose of operating a Korean barbeque restaurant located at 3600 Wilshire Boulevard in Los Angeles California. (First Amended Complaint (“FAC”) ¶¶ 2, 25.) Kang is currently LB G...

Excerpt: ...The Complaint alleges as follows. Plaintiff Joel Javier (“Javier”) served in the Army from 2001 to 2005 and served in Iraq, where he sustained disabilities including PTSD, infertility, and disabling damage to his knees and shoulders. (Complaint ¶ 8.) Javier was hired by Defendant Aramco Imports, Inc. (“AII”) in February 2017. (Complaint ¶ 9.) Because of his injuries, he was required to attend regular medical appointments. (Complaint ¶ ...

Excerpt: ...dants Paul Brant Williger and Paul Brant Williger, Inc.'s Motion to Strike Portions of the Complaint is DENIED. FACTUAL BACKGROUND This is an action for negligence and fraud. The Complaint alleges as follows. Plaintiffs Marc Smith and Nan Rochelle Smith (“Plaintiffs”) purchased residential property on Stradella Road in Los Angeles in January 2016 in order to remodel the residence and use it for themselves. (Complaint ¶ 9.) In May 2016, Plain...

Excerpt: ... BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Nick Engineering, Inc. (“Nick”) entered into a series of oral agreements with Defendant Breen Engineering, Inc. (“Breen”) whereby Nick would provide various engineering services to Breen in exchange for payment. (Complaint ¶ 7.) Although Nick provided these services, Breen has failed to pay the balance due. (Complaint ¶¶ 7–8.) Breen's Cr...

Excerpt: ...otion for Summary Judgment or Summary Adjudication against the The Estate of Frank Cho's Cross-Complaint is DENIED. FACTUAL BACKGROUND This is a case for contribution stemming from cleanup costs associated with contaminated soil surrounding a dry-cleaner. The Complaint alleges that Plaintiff James J. Kim (“Kim”) has owned 201 South Glendale Avenue (the “Palace Site”) since 1979, and conducted drying cleaning operations there under the bus...

Excerpt: ...Simon Palagashvili is GRANTED. Sanctions are awarded in the amount of $1,460.00 against Palagashvili and his counsel, and payable within 30 days. FACTUAL ALLEGATIONS This is an action for fraud, breach of contract, and quiet title. The Complaint alleges as follows. Plaintiff Simon Palagashvili (“Palagashvili”) entered into an agreement with Defendant Igor Poltavski (“Poltavski”) to purchase a plot of land in Baldwin Park for the purpose o...

Excerpt: ...nc.'s Motion to Expunge Lis Pendens is GRANTED. Plaintiff Erlinda Delmo Marte's Motion to Consolidate Three Cases is DENIED. FACTUAL BACKGROUND This is an action for wrongful foreclosure. The First Amended Complaint alleges as follows. Plaintiff Erlinda Delmo Marte (“Marte”) evidently had a deed of trust executed on certain real property on Camero Avenue in Los Angeles. (FAC ¶¶ 3, 17.) Defendants Atlantic Funding (“Atlantic”), SJU Inves...

Excerpt: ...- Parties Google LLC and YouTube, LLC is GRANTED. Plaintiff's request for Sanctions id DENIED. . FACTUAL BACKGROUND This is a defamation case. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Jeff Nelson (“Nelson”) on July 31, 2016, invited a vegan YouTube personality to speak at an expo that Nelson holds each year. (FAC ¶ 18.) After Nelson announced the speakers, John Does, posing pseudonymously as Chantelle Robin (“R...

Excerpt: ... is GRANTED as to the Tenth Cause of Action for Breach of Contract, and DENIED as to the First, Second, Third, Fourth, Fifth, Sixth, Seventh, and Eighth Causes of Action. FACTUAL BACKGROUND This is a case for contribution stemming from cleanup costs associated with contaminated soil surrounding a dry-cleaner. The Complaint alleges that Plaintiff James J. Kim (“Kim”) has owned 201 South Glendale Avenue (the “Palace Site”) since 1979, and c...

Excerpt: ... for Production of Documents, Set Two, is GRANTED as to Requests No. 43, 45–59, 64 <0056000300530058005500 000300440051005c0003[of these requests, and Request No. 44, which seeks only Breen's tax returns, is DENIED. The motion is likewise DENIED as to Requests No. 60–63, and 66. Both parties' requests for sanctions are DENIED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Nick Enginee...

Excerpt: ...rising out of a family dissolution matter. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Arthur Tsatryan (“Arthur”) filed a petition for divorce from his wife, Polina Tsatryan (“Polina”) in September 2009. (FAC ¶ 12.) During the dissolution proceedings, Polina testified that an interspousal transfer deed for their Santa Clarita residence executed in Arthur's favor during their marriage had been a fraud perpetrated...