Excerpt: ...parate Motion to Quash as this one was filed while Defendant was “out of court[.]” ]” (Devlin v. Kearny Mesa Amc/Jeep/Renault, Inc., supra, 155 Cal.App.3d at 385.) FACTUAL ALLEGATIONS This is an action for money. The Complaint alleges as follows. Plaintiff Unifund CCR LLC (“Unifund”) alleges that Defendant Araksya Arutyunyan (“Arutyunyan”) requested a credit card from the original credit issuer, non-party Citibank N.A. (Compl. ¶¶ ...

Excerpt: ...and Eleventh Causes of Action; and OVERRULED as to the Ninth Cause of Action except SUSTAINED as to Plaintiff Estate of Sumi Cordova. FACTUAL BACKGROUND The complaint in this action alleges causes of action for wrongful death, fraud, and elder abuse. The First Amended Complaint (“FAC”) alleges as follows. On September 12, 2018, Plaintiff Richard Cordova (“Richard”) learned decedent Sumie Cordova's (“Sumie”), home had been foreclosed u...

Excerpt: ... to the Second Cause of Action in the Complaint is OVERRULED. Defendant Jose Orozco Reyes, Miguel Miranda Reyes, Rene Miranda Reyes, and Angel Reyes' Motion to Strike Portions of Plaintiff's Complaint is DENIED. FACTUAL BACKGROUND This is an action for declaratory relief and intentional interference with prospective economic advantage. The Complaint alleges as follows. On February 14, 2000, Plaintiff VT 2021 LLC (“VT 2021”)'s predecessor-in-i...

Excerpt: ... action for a traditional writ of mandate under Code of Civil Procedure section 1085 (Section 1085). While Petitioner alleges Respondent, Dignity Health dba St. Mary Medical Center, has inflicted numerous wrongs upon it, Petitioner has elected to attempt to remedy those wrongs through a Section 1085 action. Thus, the dispute for resolution by this court arises in that context—a request for a traditional writ of mandate. Petitioner seeks writ, i...

Excerpt: ...ur action. The Complaint alleges as follows. Plaintiff Francisco Garcia Macias (“Macias”) was employed by Defendants Able Service, Inc. (“Able”) and Crown Building Maintenance Co. (“Crown”) from 2016 to December 16, 2018 as a night custodial supervisor. (Compl. ¶¶ 8-10.) Macias argues that he was not paid for attending safety meetings and building inspections, and for responding to phone calls and texts when off-shift. (Compl. ¶¶ ...

Excerpt: ...etitioner opposes the demurrer and the motion. The demurrer is sustained. The motion to strike is denied as moot. PETITION ALLEGATIONS The Department operates California's Medicaid program, known as Medi‐Cal. Petitioner is enrolled as a local educational agency (LEA) participant of the Department's Medi‐Cal Billing Option Program (MBOP) program. (Pet., ¶ 2; Welf. & Inst. Code § 14132.06.) Under MBOP, the Department makes payments to LEAs, s...

Excerpt: ...cation. The application for writ of attachment is granted as to Plaintiff Shoe1Tec only. Plaintiffs' evidentiary objections: All objections are overruled except objection numbers 15, 16, 17, 18, 19, 20, 25, 26 and 27 which are sustained. Objection number 3 is sustained in part as to “However, . . . used.” APPLICABLE LAW The Court shall issue a right to attach order if the Court finds all of the following: 1. The claim upon which the attachmen...

Excerpt: ...to Sandoval in the amount requested of $4,810.00. FACTUAL BACKGROUND This is an action for Labor Code violations. The Complaint alleges as follows. Plaintiff Alex Sandoval (“Sandoval”) worked for Defendant Supra National Express, Inc. (“Supra”) as a truck driver from March 2013 through May 31, 2017. (Complaint ¶¶ 12– 13.) During this time, Supra failed to pay Sandoval overtime compensation and failed to provide statutory meal and rest...

Excerpt: ...ject property is located at 18110 Wakecrest Dr, Malibu, California, 90265 (the “Property”). (Complaint ¶ 5.) Plaintiffs Dieutinh Yanny and Joseph A. Yanny (the “Yannys”) leased the property in September of 2009, paying between $5,950 and $6,500 per month. (Ibid.) Defendants Camelia Malash (“Malash”) and Susan Mohamed El Ghawabi (“Ghawabi”) were the owners of the Property and the Yannys' landlords. (Complaint ¶ 2.) The complaint ...

Excerpt: ...d Eighth Causes of Action and OVERRULED as to the Fifth-Seventh Causes of Action. FACTUAL BACKGROUND This is a wrongful foreclosure action. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Donna Allen (“Donna”)'s sister, Trina Allen (“Trina”) executed a note and deed of trust for which Defendant Matthew Shepherd (“Shepherd”) was the beneficiary. (FAC ¶ 1.) The note and deed of trust were void. (FAC ¶ 1.) The FAC...

Excerpt: ...n for Order Relieving Petitioner Jackie Cothran from the Claims Presentation Requirement of Government Code section 945.6 or Otherwise Accepting her Government Claim as Timely is DENIED. PROCEDURAL HISTORY On January 28, 2021, Petitioner Jacqueline Cothran (“Cothran”) filed the instant Petition for Order Relieving Petitioner from the Claims Presentation Requirement of Government Code section 945.4. On May 17, 2021, Respondent County of Los An...

Excerpt: ...ction and OVERRULED as to the Second Cause of Action. FACTUAL BACKGROUND This is a wrongful foreclosure action. The Second Amended Complaint (“SAC”) alleges as follows. After Plaintiff Trina Allen (“Allen”)'s mother died in 2014, Plaintiff became the executor of the estate. (SAC ¶ 2.) There were five heirs to the estate, two heirs wanted cash for their share, and one agreed to take real estate property in lieu of cash. (SAC ¶ 3.) To pay...

Excerpt: ...EYS' FEES PURSUANT TO C.C.P. SECTION 425.16 (ANTI-SLAPP) Defendant Mauricio Fux's Motion for Attorneys' Fees is GRANTED in the amount of $92,375 in attorneys' fees and $838.31 in costs. FACTUAL BACKGROUND This is a derivative action for breach of contract. The Complaint alleges as follows. Plaintiff Jerry Yorman Azarkman (“Azarkman”) is a shareholder of Nominal Defendant DIR International Corporation (“DIR”), owning 50%, has been elected ...

Excerpt: ...Creditor Second Generation, Inc.'s Motion for an Order Amending Judgment to Add Individuals and Entities as Additional Judgment Debtors Pursuant to Cal. Code. Civ. Proc. § 187 is DENIED. PROCEDURAL BACKGROUND Judgment Creditor Second Generation, Inc. (“SecGen”) is a women's clothing and apparel design, sale, and wholesale distribution company. On March 12, 2008 SecGen entered into a contract with Kody for the production and sale of clothing....

Excerpt: ...Creditor Second Generation, Inc.'s Motion for an Order Amending Judgment to Add Individuals and Entities as Additional Judgment Debtors Pursuant to Cal. Code. Civ. Proc. § 187 is DENIED. PROCEDURAL BACKGROUND Judgment Creditor Second Generation, Inc. (“SecGen”) is a women's clothing and apparel design, sale, and wholesale distribution company. On March 12, 2008 SecGen entered into a contract with Kody for the production and sale of clothing....

Excerpt: ...rst through Seventh, Ninth and Tenth Causes of Action; and DENIED as to the Eighth Cause of Action and the request for punitive damages. FACTUAL BACKGROUND This is an action for employment discrimination. The First Amended Complaint (“FAC”) alleges as follows. Plaintiff Joshua Batterson (“Batterson”) began working for Defendant CIM Group LP (“CIM”) on a temporary basis around March 31, 2014 as a Building Coordinator. (FAC ¶ 12.) In J...

Excerpt: ...o the Second, Twenty-Second, and Twenty- Fourth Affirmative Defenses, and OVERRULED as to the remainder. FACTUAL BACKGROUND This is an action for employment discrimination. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Duncan Milner (“Milner”) was employed by Defendants beginning in 1987 until he was terminated in June 2019 while serving as the global creative president for TBWA Worldwide. (SAC ¶¶ 10, 14d.) Defendan...

Excerpt: ...s GRANTED. FACTUAL BACKGROUND This is an action for fraud. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiff Metropolitan Direct Property and Casualty Company, Inc. (“Metro”) hired Defendant Erwin Raul Mejia (“Mejia”) as an appraiser and adjuster in February 2015. Until Mejia resigned in July 2016, Mejia submitted false and fraudulent bodily injury and vehicle damage claims, which resulted in payments to others. (SAC ...

Excerpt: ... Cause of Action is STAYED during the arbitration process. FACTUAL BACKGROUND This is a wage and hour action. The Complaint alleges as follows. Plaintiff Zonia Estupinian (“Estupinian”) was hired on June 2, 2011 by Defendants Burke Williams, Inc. (“BWI”) and Trion Solutions, Inc. (“Trion”) to work as a spa attendant. (Compl. ¶ 17.) During her employment, Estupinian was not permitted and not advised to take her statutory rest breaks, ...

Excerpt: ...August 9, 2022. All discovery and expert designation dates are to be calculated from the August 23, 2022 trial date. FACTUAL BACKGROUND This is a wage and hour action. The Complaint alleges as follows. Plaintiff Catalina Perez (“Perez”) was employed by Defendant Harte, LLC (“Harte”), also known as “White Harte Public House” as a cook/kitchen staff member. (Compl. ¶¶ 17-20.) Perez alleges that she was regularly deprived of statutory ...

Excerpt: ...mplaint is GRANTED. FACTUAL BACKGROUND This is an action for fraud. The First Amended Complaint alleges as follows. Plaintiff Jee Hoon Choi (“Choi”) is the brother of the late Jee Hyun Han (“Jee Han”), who died in October 2016 with assets. (FAC ¶¶ 8-10.) Choi owns and operates a company in Hong Kong and formed a company in Korea named Dong In Ga. (FAC ¶ 13.) Defendant Romy Tiffanie Han (“Han”) has filed numerous lawsuits in Korea a...

Excerpt: ...ts Community Loan Servicing, LLC and Seaside Trustee, Inc.'s Demurrer to the Third Cause of Action as to Seaside is SUSTAINED without leave to amend. FACTUAL BACKGROUND This is an action for wrongful foreclosure. The Second Amended Complaint (“SAC”) alleges that on May 1, 2018, Defendant Seaside Trustee, Inc. (“Seaside”) recorded an executed document entitled Trustee's Deed Upon Sale following a trustee's sale for property belonging to Pl...

Excerpt: ...LED as to all causes of action. Plaintiff and Cross-Defendant 2120 Foothill Properties, LLC's Motion to Strike Portions of the Cross-Complaint is GRANTED. FACTUAL BACKGROUND This is a breach of contract action. The Complaint alleges as follows. On August 29, 2014, Plaintiff 2120 Foothills Properties, LLC (“2120”) and Defendant Edwin Kendrick (“Kendrick”) entered into an agreement for Kendrick to leave office space (the “Premises”) unt...

Excerpt: ...LED as to all causes of action. Plaintiff and Cross-Defendant 2120 Foothill Properties, LLC's Motion to Strike Portions of the Cross-Complaint is GRANTED. FACTUAL BACKGROUND This is a breach of contract action. The Complaint alleges as follows. On August 29, 2014, Plaintiff 2120 Foothills Properties, LLC (“2120”) and Defendant Edwin Kendrick (“Kendrick”) entered into an agreement for Kendrick to leave office space (the “Premises”) unt...

Excerpt: ...he hearing on this Motion, the parties are to update this Court as to the current status of the arbitration hearing, including the expected date of conclusion. INTRODUCTION This is a breach of contract action. The Complaint alleges as follows. Plaintiff Rita Regency Sponsor, LLC (“RRS”) is comprised of two members, non-party Rita Hollywood Skyline, LLC (“RHS”) and Defendant EMC Partners, LLC (“EMC”) pursuant to an LLC Agreement (the �...