Excerpt: ...action for breach of contract. The Complaint alleges as follows. In 2019, Plaintiff Somesh Roy (“Roy”) and Defendants Vartan Akopyan (“Akopyan”) and Neighborhood Home Health Care, Inc. (“NHHC”) entered into an agreement whereby Roy would sell his entire interest (100%) in NHHC to Akopyan for $275,000, payable in specific installments. (Compl. ¶¶ 11-12.) Roy received the first payment of $100,000 but not the installment due on Septem...

Excerpt: ...ended Complaint (“FAC”) alleges as follows. Plaintiffs Su Yang (“Yang”), Boo Ik Hwang (“Hwang”), Yoo Joo Cha (“Cha”), Chien Chung (“Chung”), Young Sik Sin (“Sin”), Tae Hyung Yun (“Yun”), Yoo Do Sang (“Sang”), Richard Keaton (“Keaton”), Hushan Fang (“Fang”), Dae Won Chae (“Chae”), and Suk Won Lee (“Lee,” and collectively “Plaintiffs”) resided at the same property (the “Property”) and were ten...

Excerpt: ...ange County is GRANTED. Attorneys' fees and costs are awarded in favor of UBA LLC in the amount of $5,245. FACTUAL BACKGROUND This is an action for appointment of a receivership. The First Amended Complaint (“FAC”) alleges that a receiver should be appointed to take contract of CIM Group, Inc. (“CIM Group”), which is a three-shareholder corporation founded by Plaintiff Nancy Rojo (“Rojo”). (FAC ¶ 1.) The FAC alleges that the officers...

Excerpt: ...TAINED with leave to amend. The Motion to Strike is MOOT. FACTUAL BACKGROUND This is an action for breach of contract and violation of the Commercial Code. The Complaint alleges as follows: Plaintiff Debra Elaine Pole (“Pole”) on May 29, 2019, delivered to a branch of Defendant MUFG Union Bank, N.A. (“Union Bank”) a written Funds Transfer Order instructing Union Bank to cause Defendant Wells Fargo Bank, N.A. (“Wells Fargo”) to pay the...

Excerpt: ...rth Causes of Action. The Demurrer was not brought as to the Second Cause of Action. Defendant 901 South Broadway, LP's Motion to Strike Portions of the First Amended Complaint's: references to punitive damages and attorneys' fees in the First Cause of Action (¶ 29, Prayer ¶¶ c, e) is GRANTED without prejudice; references to punitive damages in the Third Cause of Action (Prayer ¶ e) is GRANTED without prejudice; and the references to attorney...

Excerpt: ... Cause of Action in the Complaint is OVERRULED. Defendant Tokio Marine America Insurance Company's Motion to Strike is DENIED. FACTUAL BACKGROUND This is a breach of contract action. The Complaint alleges as follows. Plaintiff Anthony Xepolis (“Xepolis”) was a resident at the residential property at-issue. (the “Property”). (Compl. ¶ 1.) On January 5, 2017, Xepolis hired non-party Build a Dream, Inc. (“Build”) to install a new deck o...

Excerpt: ...S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE SUMMARY ADJUDICATION, OF THE SECOND AMENDED COMPLAINT The Motion for Summary Judgment of Defendants Debra Duggan, Proland Management Company, LLC, Centralia GP, LLC, Central GP, LLC, Carson GP, LLC, Mountain View GP, LLC, InAmerica Holdings, LLC, and Gregg Management Company is DENIED. The Motion for Summary Adjudication of the Fifth Cause of Action is DENIED. FACTUAL BACKGROUND This is an acti...

Excerpt: ...n. The Complaint alleges as follows. Plaintiff Dawn Suermann (“Suermann”) was hired by Defendant Emerald Health Services, LLC (“Emerald”) as a Registered Nurse in May 2017. (Compl. ¶ 16.) On March 20, 2018, Suermann injured her head and suffered balance problems, blurry vision, headaches, nausea and short-term memory loss. (Compl. ¶ 18.) On March 27, 2018, Suermann was hospitalized for 2 days due to the injury and submitted medical docu...

Excerpt: ...ng and Motion Fees such that Melaragno may recover $615 in Filing and Motion Fees. FACTUAL BACKGROUND This is an action for trespass and breach of quiet enjoyment by a tenant against a landlord. The Complaint alleges as follows. Plaintiff Regina Ricardo (“Regina”) and her son, Enrique Ricardo- Vargas (“Enrique”) live in a residence leased to them by owner Defendant Eddye Melaragno (“Melaragno”) and managed by Melaragno's daughter, Def...

Excerpt: ...estors, LLC's Application for Determination of Good Faith Settlement is DENIED, without prejudice. FACTUAL BACKGROUND This is a wage and hour action. The First Amended Complaint (“FAC”) alleges as follows. From April 1, 2015 – June 19, 2018, Plaintiffs Svetlana Kravchenko (“Kravchenko”) and Alexander Shaferman (“Shaferman”) were non-exempt employees of Defendants Pearla, LLC (“Pearla”) and Mars Investors, LLC (“Mars”), where...

Excerpt: ...ction and OVERRULED as to the Sixth Cause of Action. FACTUAL BACKGROUND This is an action for breach of contract and legal malpractice. The Complaint allege as follows. On November 15, 2013, Plaintiff Noushin Motavassel (“Motavassel”) retained Defendants Shahrokh Mokhtarzadeh and Shahrokh Mokhtarzadeh, PLC. (together, “SMPLC”) to represent her in divorce proceedings with a written engagement agreement. (Compl. ¶ 5.) Instead of the marita...

Excerpt: ...plaint Defendant T.N.L. Construction Inc.'s Demurrer to the Complaint is OVERRULED. Defendants T.N.L. Construction Inc., Meir Levi, and Tomer Nahum Levi's Motion to Strike Portions of the Complaint is DENIED. FACTUAL BACKGROUND This is an action for breach of a construction contract. The Complaint alleges as follows. Plaintiffs Fung Bark Lau (“Lau”) and Yang He (“He”) are a married couple who own residential property (the “Property”)....

Excerpt: ...AND ROXXANA CRUZ AQUINO'S MOTION TO QUASH MBUSA'S SUBPOENA TO ALLSTATE INSURANCE COMPANY C/O CT CORPORATION SYSTEM Plaintiffs' Motion to Quash as to JC Customz is MOOT because it was withdrawn. Plaintiffs' Motion to Quash as to Allstate is MOOT because Allstate has no documents to produce. Plaintiffs' Motion to Quash as to Alliance is GRANTED to the extent that that MBUSA must redact the Traffic Collision Report of all personal identifying inform...

Excerpt: ...E Defendants Reliance Steel & Aluminum Co. and Symmetry Medical, Inc.'s. Demurrers to the Second Amended Complaint are OVERRULED. Defendants Reliance Steel & Aluminum Co. and Symmetry Medical, Inc.'s Motions to Strike Portions of the Second Amended Complaint are DENIED. FACTS OF THE CASE This is a products liability case. The Second Amended Complaint (“SAC”) alleges as follows. Decedent Rodolfo Chavez (“Decedent”) worked with various prod...

Excerpt: ...ent, Inc.'s Demurrer to the Complaint: as to the Montes Family is OVERRULED except as to the Eighth Cause of Action which is SUSTAINED without leave to amend; as to the Boyd Family is OVERRULED except as to the Eighth Cause of Action which is SUSTAINED without leave to amend. The Court does not rule on the remaining causes of action (First, Third-Seventh, Ninth) because the demurrer does not present arguments against them. Defendants' Motion to S...

Excerpt: ...as to the Fourth, Fifth, Sixth, and Eighth Causes of Action; and SUSTAINED without leave to amend as to the Seventh Cause of Action. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Flavorgod, LLC (“Flavorgod”) manufactures and sells food seasonings/spices around the world. (Compl. ¶ 10.) On November 13, 2017, Flavorgod entered into a written Services Agreements (“Services Agreement�...

Excerpt: ...BACKGROUND This is an action for breach of an insurance contract and insurance bad faith. Plaintiff Harley Liker (“Plaintiff”) brings the present action as the Personal Representative for Alan Liker, deceased. The Complaint alleges as follows. Alan Liker (“Liker”) was married to Linda Liker (“Linda”). (Complaint ¶ 7.) Linda had a daughter named Melissa Komorsky (“Komorsky”). (Complaint ¶ 8.) On October 26, 2014, Linda was killed...

Excerpt: ...s Person Most Knowledgeable and related document production is GRANTED as to Deposition Categories Nos. 1 – 10 and Requests for Production Nos. 1 – 6. Deposition and document production, where ordered, are to occur within 20 days of this order. ANALYSIS Motion To Compel Deposition Plaintiffs move to compel the deposition of Defendant General Motors, LLC's Person Most Knowledgeable (“PMK”) with production of documents. Defendant served obj...

Excerpt: ...ENT Defendant Los Angeles Unified School District's Demurrer to Petitioner's Writ of Mandate OVERRULED. Defendant Los Angeles Unified School District's Motion to Strike Portions of Petitioner's Writ of Mandate is DENIED. Plaintiff John Sandy Campbell's Motion for Entry of Default Judgment is DENIED. FACTUAL BACKGROUND This is an action for petition for writ of mandate regarding an administrative decision of the Labor Commission. The First Amended...

Excerpt: ...rst Amended Complaint (“FAC”) alleges as follows. Plaintiff Shippee's Properties, LLC (“Shippee”) leased property to Defendant Yakov Shlimovich (“Shlimovich”) for a ten-year lease term at $2,500 per month. (FAC ¶ 6.) Shippee demands possession of the property because the fixed-term lease expired on January 1, 2020. (FAC ¶ 9.) PROCEDURAL HISTORY Shippee filed the Complaint on January 17, 2020, alleging a single cause of action for un...

Excerpt: ... Affirmative Defenses No. 2-13, 15-19, and 28 of Defendants Ngo and Kram's Answer. FACTUAL BACKGROUND This is a landlord/tenant action. The Complaint alleges as follows. Plaintiffs Manuel Miramontes (“Miramontes”) et al. are, or have been, tenants in the apartment building at issue (the “Apartment Building”) at various times in the last four years. (Compl. ¶¶ 1-2.) Defendants Ratanamuny Ngo (“Ngo”) and Piseiy Kram (“Kram”) are t...

Excerpt: ...IED. FACTUAL BACKGROUND This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Telicia Powell (“Powell”) was a tenant at property owned by Defendants Sababa Properties, Inc. (“Sababa”), Ashley Saba (“Ashley”), and Justin Saba (“Justin”). (Compl. ¶¶ 1-4.) On February 13, 2020, Justin filed an unlawful detainer action (Case No. 20CMUD00282) (the “Related Case”) wherein Justin alleged that he was ...

Excerpt: ...int alleges as follows. Plaintiffs Golden State Emergency Physicians, Inc. (“Golden State”), Victory Emergency Physicians Medical Group, Inc. (“Victory”), Palm Drive Emergency Physicians Medical Group, Inc. (“Palm”), Ridgeline Emergency Physicians Medical Group (“Ridgeline”), San Joaquin Emergency Medical Associates (“San Joaquin”), VEP MLK Emergency Medical Group, Inc. (“VEP”), Inland Empire Emergency Medical Group, Inc. ...

Excerpt: ...int alleges as follows. Plaintiffs Golden State Emergency Physicians, Inc. (“Golden State”), Victory Emergency Physicians Medical Group, Inc. (“Victory”), Palm Drive Emergency Physicians Medical Group, Inc. (“Palm”), Ridgeline Emergency Physicians Medical Group (“Ridgeline”), San Joaquin Emergency Medical Associates (“San Joaquin”), VEP MLK Emergency Medical Group, Inc. (“VEP”), Inland Empire Emergency Medical Group, Inc. ...

Excerpt: ...si Rayn's Motion to Strike Portions of the First Amended Complaint is DENIED. FACTUAL BACKGROUND This is an action for negligence. The Second Amended Complaint (“SAC”) alleges as follows. Defendants Zipora Atwain (“Atwain”) and Asi Rayn (“Rayn”) negligently or intentionally caused water damage to Plaintiff Moris Sakhai's (“Sakhai”) condominium unit by not promptly stopping water to flow excessively from their condominium unit to S...

Excerpt: ...mand's Demurrer to the Complaint is OVERRULED. Defendant Iraj Houshmand's Demurrer to the Complaint is OVERRULED. Defendant Elnaz Houshmand's Motion for Sanctions is DENIED. FACTUAL BACKGROUND This is an action for damages and injunctive relief. The Complaint alleges as follows. Plaintiff Shahrokh Mokhtarzadeh, a Professional Law Corporation (“SMPLC”) entered into a written retainer agreement on August 19, 2015 with Defendant Elnaz Houshmand ...

Excerpt: ...ontract action. The Complaint alleges as follows. Plaintiff Nahid Rezaeiyan (“Rezaeiyan”) entered into a written Membership Interest Purchase Agreement (the “Agreement”) on November 26, 2014 with Defendant Brooke Frutchman (“Frutchman”) whereby Rezaeiyan invested $50,000 in Defendant Boite, LLC (“Boite”) and received a 30% membership interest in Boite. (Compl. ¶ 15.) In November 2016, Boite failed to timely pay Rezaeiyan the quar...

Excerpt: ...itectural & Graphics. The Court enters judgment in favor of Plaintiff Sami Othman in the amount of $200,000 against Defendants Andres Lugo and Architectural & Graphics, jointly and severally. FACTUAL BACKGROUND This is an action for breach of contract and fraud. The Complaint alleges as follows. Plaintiff Sami Othman and Defendant Andres Lugo entered into an oral agreement in January 2016 for Lugo to provide design services to Plaintiff in connec...

Excerpt: ...PROCEDURE SECTION 425.16 DEFENDANTS JAURIGUE LAW GROUP AND RYAN STUBBE'S DEMURRER TO THE FIRST, SECOND, THIRD, FOURTH, AND FIFTH CAUSES OF ACTION ALLEGED IN COMPLAINT DEFENDANT MICHAEL JAURIGUE'S DEMURRER TO THE FIRST, SECOND, THIRD, FOURTH, AND FIFTH CAUSES OF ACTION ALLEGED IN COMPLAINT Defendants Jaurigue Law Group and Ryan Stubbe's Special Motion to Strike the Complaint is GRANTED.. Defendant Michael Jaurigue's Special Motion to Strike the Co...

Excerpt: ... as to all causes of action. FACTUAL BACKGROUND This is a FEHA disability discrimination case. The Complaint alleges as follows. Plaintiff Rosa Maria Castaneda (“Castaneda”) was employed by Defendants Comfort Manufacturing, Inc. (“Comfort”) from March 2013 – May 5, 2017, as an hourly-paid machine operator. (Compl. ¶ 8.) On January 18, 2017, Castaneda suffered an injury at work when she fell and suffered head and back injuries. (Compl. ...

Excerpt: ...ED as to all causes of action. FACTUAL BACKGROUND This is a FEHA disability discrimination case. The Complaint alleges as follows. Plaintiff Rosa Maria Castaneda (“Castaneda”) was employed by Defendants Comfort Manufacturing, Inc. (“Comfort”) from March 2013 – May 5, 2017, as an hourly-paid machine operator. (Compl. ¶ 8.) On January 18, 2017, Castaneda suffered an injury at work when she fell and suffered head and back injuries. (Compl...

Excerpt: ...leave to amend. FACTUAL BACKGROUND This is an action for a tax refund. The Complaint alleges as follows. Plaintiff Jeremy Kintner (“Kintner”) was an officer and shareholder of HK Inc., which was suspended of its corporate powers by the California Franchise Tax Board and/or Secretary of State on May 28, 2009. (Compl. ¶ 14.) On February 22, 2012, the State Board of Equalization's Sales and Use Tax Department issued a notice to Kintner that he ...

Excerpt: ... [TENTATIVE] RULING RE: DEFENDANT AMERICAN SURETY COMPANY'S DEMURRER TO THE COMPLAINT This is an action for breach of contract. The Complaint alleges as follows. Plaintiff Diana Kuhr (“Kuhr”) is the owner of the Subject Property located in Long Beach (“Subject Property”). (Compl. ¶ 13.) In October 1994, Kuhr and her former husband non-party Curt Hagman (“Hagman”) executed a promissory note with Defendant American Surety Company (“A...

Excerpt: ...aint is SUSTAINED with leave to amend. FACTUAL BACKGROUND This is an action for breach of contract and fraud. The Complaint alleges as follows. In August 2019, Plaintiff Cinamom's Goodies, Inc. (“Cinamom”) entered into an agreement with Defendants E&Z Food Services, Inc. (“EZ Food”) to lease commercial equipment and space for a term of 5 years beginning on November 1, 2019. (Compl. ¶¶ 14-15.) On October 31, 2019, Cinamom sent to EZ Food...

Excerpt: ...NDES, LLP'S MOTION TO BE RELIEVED AS COUNSEL CROSS-COMPLAINANTS ONNI CONTRACTING (CALIFORNIA) INC. AND ONNI REAL ESTATE IX, LLC'S MOTION FOR LEAVE TO FILE FIRST AMENDED CROSS-COMPLAINT ESPINOSA INTERIOR SOLUTIONS, INC.; Plaintiff, v. THE BEE CONSTRUCTION, a California Corporation, et al. Defendants. ONNI CONTRACTING (CALIFORNIA), INC.; Plaintiff, v. DOMUS DESIGN GROUP LLC dba DOMUS & DOMUS GROUP, LLC, et al. Defendants. AND RELATED CROSS-ACTIONS ...

Excerpt: ...d as to the Fifth and Sixth Causes of Action. Defendant Kia Motors America, Inc.'s Motion to Strike is GRANTED without prejudice as to punitive damages; and DENIED as to the allegations for civil penalties pursuant to Civil Code § 1793(a)(3). Should Plaintiffs allege an adequate fraud claim, they may seek punitive damages in an amended complaint. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiffs Margaret H...

Excerpt: ... without leave to amend. FACTUAL BACKGROUND This is an action for wrongful foreclosure. The Complaint alleges as follows. Plaintiffs Matthew Hoffman and Julia Hoffman (“the Hoffmans” and “Plaintiffs”) purchased the subject property on March 28, 2007 for $1,159,000. (Compl. ¶ 6.) The Hoffmans made a down payment of $116,100, plus executed a first promissory note/deed of trust for $927,000 and a second promissory note/deed of trust for $11...

Excerpt: ...sts. FACTUAL HISTORY This is a lemon law action. The Complaint alleges as follows: Plaintiff Epifanio Roman (“Plaintiff”) purchased a new 2016 Chevrolet Malibu in March 2016, with an express written warranty from General Motors (“Defendant”). (Complaint ¶ 8.) During the warranty period, the vehicle developed various defects. (Complaint ¶ 9.) PROCEDURAL HISTORY Roman filed the complaint on August 3, 2018, alleging three causes of action:...

Excerpt: ... the Settlement is GRANTED. The Court awards attorneys' fees and costs in the amount of $2,750. FACTUAL BACKGROUND This is an action for breach of contract and fraud. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Susannah O'Brien is the CEO of Plaintiff Sahara Vision Productions, LLC (collectively referred to as “O'Brien”). (FAC ¶¶ 1–2.) In November 2014, O'Brien met with Defendant John Richard Rogers (“Rogers”...

Excerpt: .... The Complaint alleges as follows. On September 4, 2014, Plaintiff 3 G.I. Corporation (“3GI”) and Defendant Charles I. Sheen...

Excerpt: ... Motor America's Demurrer to the Second, Fourth, and Fifth Causes of Action of the Complaint is OVERRULED. Defendant Hyundai Motor America's Motion to Strike to the Complaint is DENIED. FACTUAL BACKGROUND This is a Lemon Law case. The Complaint alleges as follows. Plaintiffs Socorro R. De Leyva (“Socorro”) and Catalina Zuluaga De Leyva (“Catalina,” and together with Socorro, the “De Leyvas”) leased a new 2013 Hyundai Santa Fe in Decem...

Excerpt: ...AL BACKGROUND This is an action for fraud. The Complaint alleges as follows. Plaintiff Spencer Vodnoy (“Vodnoy”) was a lawyer with a criminal defense practice who was induced to enter into a cannabis cultivation partnership with Defendants Bryon Russell (“Russell”) and Carlos Dew (“Dew”), as well as Rodney Taylor. (Complaint ¶ 10.) To induce Vodnoy to close his law practice and join the venture, Russell in June 2016 represented to Vo...

Excerpt: ...OTION TO STRIKE DEFENDANT THE PERRYMAN COMPANY'S DEMURRER TO THE SECOND AMENDED COMPLAINT AND MOTION TO STRIKE Defendant The Perryman Company's Motion to Strike is SUSTAINED with leave to amend as the Fourth Cause of Action; and OVERRULED as to the remainder. Defendants Designed Metal Connections, Inc. and Wyman Gordon's Demurrers to the Second Amended Complaint are OVERRULED. Defendant The Perryman Company's Motion to Strike is GRANTED with leav...

Excerpt: ...N THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES Defendants Allied Building Products, LLC, Beacon Roofing Supply, Inc., and Cody Melamed's Motion for Summary Judgment is GRANTED. Defendant Unirac, Inc.'s Motion for Summary Judgment is GRANTED. Since the Court has substantially changed its Tentative Ruling from the Tentative Ruling issued on August 6, 2020, and in fairness to Plaintiff, this motion will be reheard on September 3, 2020 at 8:30 AM....

Excerpt: ... of Action, and SUSTAINED with leave to amend as to the Second – Fifth Causes of Action. FACTUAL BACKGROUND This is a wrongful foreclosure action. The Complaint alleges as follows. On February 15, 2006, Plaintiff Omar Siguenza (“Siguenza”) executed a Deed of Trust with Quickloan Funding, which was recorded against the residential property at-issue (the “Property”) on March 7, 2005. (Compl. ¶¶ 9-11.) On November 15, 2014, Defendant Sel...

Excerpt: ...e of Action, and SUSTAINED with leave to amend as to the Second – Fifth Causes of Action. FACTUAL BACKGROUND This is a wrongful foreclosure action. The Complaint alleges as follows. On February 15, 2006, Plaintiff Omar Siguenza (“Siguenza”) executed a Deed of Trust with Quickloan Funding, which was recorded against the residential property at-issue (the “Property”) on March 7, 2005. (Compl. ¶¶ 9-11.) On November 15, 2014, Defendant Se...

Excerpt: ...N THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSUES Defendants Allied Building Products, LLC, Beacon Roofing Supply, Inc., and Cody Melamed's Motion for Summary Judgment is GRANTED. Defendant Unirac, Inc.'s Motion for Summary Judgment is GRANTED. Since the Court has substantially changed its Tentative Ruling from the Tentative Ruling issued on August 6, 2020, and in fairness to Plaintiff, this motion will be reheard on September 3, 2020 at 8:30 AM....

Excerpt: ...fendants Rolled Alloys, Inc. and Kennametal, Inc.'s Demurrers to the Second Amended Complaint are OVERRULED. Defendant Rolled Alloys, Inc.'s Motion to Strike Portions of the Second Amended Complaint is DENIED. Defendant Kennametal, Inc.'s Motion to Strike Portions of the Second Amended Complaint is DENIED. FACTS OF THE CASE This is a products liability case. The Second Amended Complaint (“SAC”) alleges as follows. Decedent Rodolfo Chavez (“...

Excerpt: ...laint is SUSTAINED with leave to amend as to the First – Tenth Causes of Action and SUSTAINED without leave to amend as to the Eleventh Cause of Action. FACTUAL BACKGROUND This is an action alleging an improper trustee sale. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Airlux Aircraft, Inc. (“Airlux”), of which Plaintiff Mark Liker (“Liker”) 100% shareholder, owned the Subject Property. (FAC ¶ 9.) The Subject P...

Excerpt: ...d Fifth Causes of Action. FACTUAL BACKGROUND This is a foreclosure/fraud/wrongful debt collection action. The First Amended Complaint (“FAC”) alleges as follows. In November 2006, Plaintiff Diana Gray f/k/a Diana Bogden (“Bogden”) entered into negotiations to purchase a residential property in West Hollywood (the “Property”). (FAC ¶ 12.) Bogden spoke with non-party Jana Kohl (“Kohl”) of First Financial Mortgage, a financial advis...