Excerpt: ...Boucher”) On September 14, 2017, Boucher's demurrer to Plaintiff's Complaint was sustained with 30 days leave to amend, and Boucher's motion to strike Plaintiff's allegations pertaining to the recovery of attorney's fees was granted with 30 days leave to amend. Pursuant to this Court's September 14, 2017 Order, Plaintiff's amended pleading (with respect to the third cause of action, and attorney's fees allegations) was due to be filed on or bef...

Excerpt: ... 2015. The relevant facts are as follows: Plaintiff is a 20‐year old Special Education student who was allegedly involved in an ATV accident on March 9, 2015 during an automotive repair class at LAUSD's Slawson Occupation Center. Plaintiff alleges that Plaintiff received no training whatsoever from his instructor, Sayed Hossein Saidi on how to operate an ATV, and that there was no safety or protective clothing available for him to use. While Pl...

Excerpt: ... active civil case. All parties are ORDERED to appear for a CASE MANAGEMENT CONFERENCE on April 23, 2018 at 1:30 p.m. in Department SE‐F Defendant's application to vacate default and recall the writ of possession is granted in the interests of justice and judicial efficiency, and to prevent irreparable harm. It is undisputed that these parties' have been engaged in settlement negotiations since the filing of the underlying ex‐parte applicatio...

Excerpt: ...rough a corporate office, director or other employee who is not an attorney. It must be represented by a licensed counsel in proceedings before courts of record.” (CLD Constr., Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) It is undisputed that Defendant A+ XYZ FOOD, INC. is a California Corporation that cannot represent itself. Therefore, Defendant's (in pro per) filing of the instant motion is procedurally improper and denied ...

Excerpt: ...laintiff seeks to file a First Amended Complaint. Plaintiff's proposed FAC is allegedly necessary where: “[t]he proposed amendments add defendants just discovered through the discovery process that was disclosed the recent production of documents [and] [t]he proposed amendments also add theories of liability that came to light in the discovery process.” (Motion 5: 7‐9.) California recognizes “a general rule of…liberal allowance of amend...

Excerpt: ...raud was filed on February 3, 2017 by Plaintiff PROPEL FUELS, INC. On November 6, 2017, Defendant/Cross‐ Complainant FUELING CONVENIENCE, INC. filed its Cross‐Complaint. The Cross‐ Complaint asserts one sole cause of action for declaratory relief. Cross‐Complainant alleges, in pertinent part: “an actual controversy has arisen and now exists between Fueling Convenience and Propel concerning their respective rights under the contracts all...

Excerpt: ...This action for breach of contract/warranty was filed by Plaintiff JAC B. STULBERG on September 22, 2017. Plaintiff's Complaint asserts the following causes of action: (1) Breach of Express Warranty Obligations Under the Act; and (2) Breach of Implied Warranty Obligations Under the Act. In October 2015, prior to filing the instant action, Plaintiff filed another action in (BC598562) that is currently pending in the Los Angeles Superior Court. Def...

Excerpt: ... a Second Amended Complaint. Plaintiff's proposed SAC is allegedly necessary “because the lawsuit was originally filed by a Pro Se Plaintiff. Based on evidence indicating the Norwalk Inn is a residential hotel that requires residents to check out every 28 days to block them from gaining tenant status by operation of law, it is appropriate to amend to add the class allegations. The other changes involve tactical decisions to drop certain claims ...

Excerpt: ...main set. Moving Party to give Notice. Defendant's request for judicial notice is GRANTED as to the existence of the documents, but not as to the hearsay statements contained therein. (Cal. Ev. Code §452.) Trial courts may consolidate actions involving common questions of law or fact. (CCP §1048.) Consolidation's purpose is to avoid unnecessary costs or delay, avoid procedural duplication, particularly in proof or issues common to both actions,...

Excerpt: ...part thereof “not drawn or filed in conformity with the laws of this state, a court rule or order of court.” (CCP §436.) The basis for punitive damages must be pled with specificity. Plaintiff must allege specific facts showing that Defendants' conduct was oppressive, fraudulent, or malicious. (Smith v. Superior Court (1992) Cal.App.4th 1033, 1041‐1042.) Defendants move to strike all references to punitive damages, arguing that the facts o...

Excerpt: ...give notice. Defendant CAL WEST LIGHTING SERVICES, INC.'s joinder is GRANTED. Plaintiffs argue that terminating or evidentiary sanctions are appropriate pursuant to CCP §2023.030(d) because Defendant TOMDAN ENTERPRISES, INC. (“Tomdan”) engaged in intentional destruction of evidence by failing to preserve (i) the subject light post; and (ii) the full day of video surveillance for the day the subject incident occurred. In Opposition, Tomdan fi...

Excerpt: ...ies against Defendant HILLHURST WORLDWIDE INVESTMENT, INC. is GRANTED in part, and DENIED in part. Moving Party to give Notice. Meet and Confer A motion to compel further responses to form interrogatories and requests for admission must be accompanied by a declaration showing a good faith attempt to “meet and confer” prior to bringing the motion. (See CCP §§2030.300(b), 2033.290(b).) Here, the parties exchanged “meet and confer” letters...

Excerpt: ... in pertinent part: “on or about February 28, 2015, at approximately 9:00 p.m., defendant TREJO was operating the Automobile Westbound on Tweedy Boulevard, in South Gate. Plaintiff…. [B]efore TREJO approached the intersection of Tweedy Boulevard and Dearborn Avenue, he was travelling at an excessive speed, unsafe for the conditions, and/or inattentive to traffic conditions ahead. As a result, TREJO failed to yield the right of way to Plaintif...

Excerpt: ...Complaint asserts the following causes of action: (1) Lack of Standing to Foreclose; (2) Fraud in the Concealment; (3) Fraud in the Inducement; (4) Unconscionable Contracts; (5) Breach of Contract; (6) Breach of Fiduciary Duty; (7) Quiet Title; and (8) Slander of Title. Defendants move for judgment on the pleadings as to all of Plaintiff's causes of action pursuant to CCP §438(c)(1)(B)(ii). First Cause of Action – Lack of Standing to Foreclose...

Excerpt: ...rity for the loan was all of the nightclub fixtures and equipment (“FF&E”) located at the premises rented by Gomez in Las Vegas, CA. Plaintiff further alleges that as of October 1, he had the right of ownership and right to possess the FF&E, as described in paragraph 20 of the FAC. He contends that Defendant BIDSAL converted that property, knowing it belonged to Plaintiff and refusing to return the FF&E upon demand. (FAC, ¶¶22‐24.) The FA...

Excerpt: ...asserts one sole cause of action for Violation of Homeowners Bill of Rights against Defendants, arising out of the threatened foreclosure of his residential real property. “On or about February 26, 2007, Plaintiff executed a promissory note and deed of trust…encumbering the Residence as security for a loan made to Plaintiff…in the amount of $448,000.00.” (Complaint ¶11.) Plaintiff alleges that he “defaulted on the loan sometime prior t...

Excerpt: ...laintiff seeks to file a First Amended Complaint. Plaintiff's proposed FAC is allegedly necessary where: “[t]he proposed amendments add defendants just discovered through the discovery process that was disclosed the recent production of documents [and] [t]he proposed amendments also add theories of liability that came to light in the discovery process.” (Motion 5: 7‐9.) California recognizes “a general rule of…liberal allowance of amend...

Excerpt: ...es from a familial dispute over real property. Plaintiff PAMELA O'KANE instituted this lawsuit on December 8, 2016. On October 19, 2017, Plaintiff filed her Third Amended Complaint, which asserts the following causes of action: (1) Quiet Title to Real Property; (2) Fraud; (3) Undue Influence; (4) Financial Abuse of a Dependent Adult; (5) Undue Influence; (6) Conversion; and (7) Imposition of Constructive Trust. Defendant JACQUELINE EARLY (“Jacq...

Excerpt: ...n February 23, 2016. As summarized in the Moving Papers, Plaintiff alleges that he was terminated due to his disability, and for reporting unlawful discrimination. Defendant maintains that Plaintiff was fired for‐cause—specifically for violating the company's “12‐minute policy” on four separate occasions in December 2015. Motion to Compel Further Responses to Request for Production of Documents: In the instant motion, Plaintiff seeks to...

Excerpt: ...the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Cal. Civ. Code §664.6.) On April 17, 2017, the Plaintiff's counsel and Defendants entered into a Settlement Agreement. Plaintiff apparently died on or about September 23, 2016. (See Opposition 4:23.) It is undisputed that Plaintiff did not personally s...

Excerpt: ...iled in conformity with the laws of this state, a court rule or order of court.” (CCP §436.) A cause of action for replevin “must describe the property sued for with that degree of certainty that an officer may be enabled to execute the process.” (Welch v. Smith (1873) 45 Cal. 230, 230.) The basis for punitive damages must be pled with specificity. Plaintiff must allege specific facts showing that Defendants' conduct was oppressive, fraudu...

Excerpt: ...CP §436. Opposing Party to give notice. Plaintiff ADRIANA CALLEROS (“Plaintiff”) filed the instant breach of employment contract action on April 7, 2017. Plaintiff alleges, in pertinent part: “In early 2012, USG agreed to hire Calleros for a sales and customer service position. USG hoped to capitalize on Calleros' contacts in the industry and sales ability, and USG offered and Calleros' accepted the deal points for Calleros' services: a sa...

Excerpt: ... with 15 days leave to amend. CCP §430.10(e). I. Defendant TOYOTA MOTOR ENGINEERING & MANUFACTURING NORTH AMERICA, INC.'s motion to strike portions of Plaintiff's First Amended Complaint is MOOT. Moving Party to give Notice. This products liability action was filed by Plaintiffs CYNTHIA STRACHAN and SELINA GARCIA on May 16, 2017. The relevant facts are as follows: “In justifiable reliance upon Defendants acts…Plaintiff Cynthia Strachan was i...

Excerpt: ...trike portions of Plaintiff's Complaint is MOOT. Moving Party to give notice. Defendants' request for judicial notice is GRANTED. Cal. Ev. Code §452. This contractual fraud action was filed on November 1, 2017 by Plaintiff MINA MONTEJANO. The relevant facts are as follows: “On or about October 17, 2006, Plaintiff executed a deed of trust to secure payment of a note pertaining to the Subject Property. On or about July 30, 2014, a purported trus...

Excerpt: ...he plaintiff has the initial burden of demonstrating facts justifying the exercise of jurisdiction. (Vons Companies, Inc. v. Seabest Food, Inc. (1996) 14 Cal.4th 434, 449.) To establish general jurisdiction, a plaintiff must show that defendant's contacts with the forum are “substantial” or “continuous and systematic.” (Id. at 445.) If a defendant is not subject to general jurisdiction, it may still be subject to specific jurisdiction if ...

Excerpt: ...ring. This matter is restored as an active civil case. All parties are ORDERED to appear for the already scheduled OSC Re: Entry of Default on February 9, 2018 at 8:30 a.m. in Department SE‐F. Moving Party to give notice. The motion to quash service of summons is granted. Defendants have submitted declarations attesting to their lack of actual notice of the instant lawsuit. (See generally George Reyes Decl.; See generally Michelle Reyes Decl.) ...

Excerpt: ...'s motion to strike portions of Plaintiff's first amended complaint is DENIED. Cal. Civ. Code §3294. Moving Party to give Notice. This action was filed in January 2017. Plaintiff alleges the following facts: On or about July 25, 2013, Plaintiff entered into two agreements with Defendants. The first agreement was a written Investment Subscription Agreement (“Subscription Agreement”) to purchase 100,000 shares of Hillhurst Worldwide Investment...

Excerpt: ...rent in every court “[t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.” (People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145.) “A motion to disqualify a party's counsel may implicate several important interests. Consequently, judges must ex...

Excerpt: ...rt must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the controversy exists. (See CCP §1281.2.) “In California, [g]eneral principles of contract law determine whether the parties have entered a binding agreement to arbitrate.” (Craig v. Brown & Root, Inc. (2000) 84 Cal.App.4th 416, 420.) “A petition to compel arbitration or stay proceedings pursuant to CCP §§1281....

Excerpt: ...lows: “Sometime in August, 2016, DIAZ, using information supplied to her by FRANCO, accessed the web page for California Elder Law Center. DIAZ duplicated the exact content of the web page and posted that material on a new web page for California Elder Law Center. DIAZ duplicated the exact content of the web page and posted that material on a new web page DIAZ created under the name California Elder La Center with a logo she created. DIAZ is pr...

Excerpt: ...in pertinent part: “At the request of Defendants, Plaintiff issued a written Worker's Compensation insurance policy to Defendant PAEZ PATROL SECURITY, INC., for the policy period from June 17, 2015 to June 17, 2016. The policy was cancelled early pursuant to its terms and conditions effective May 16, 2016. ¶ Plaintiff has performed all conditions, covenants, and promises which it agreed to perform in accordance with the terms of the insurance ...

Excerpt: ...ntry of the order and based upon new or different facts, circumstances, or law. The party making the <008e008b00850083009600 008f0083008600870003>before, when and to what judge, what order or decisions were made, and what new or different facts circumstances, or law are claimed to be shown. However, “[i]f a court <009900030096008a008300 009600950003008b0096> to reconsider a prior order it entered, it may do so on its own motion and enter a diff...

Excerpt: ... Ev. Code §452. This wrongful foreclosure action was filed on May 4, 2017. Plaintiff (in pro per) alleges that the non‐judicial foreclosure sale of his residential property should be enjoined where Plaintiff's loan servicer (Defendant NATIONSTAR) committed a number of HBOR violations prior to recordation of the NOD by Defendant <0096009500030011000400 00030010001200150017>GAGE, LLC and MORTGAGE ELECTRONIC SYSTEMS, INC. (“Defendants”) move ...

Excerpt: ...equest for Judicial Notice is GRANTED. Evid. Code §§ 452, 453. Plaintiffs' Opposition was untimely filed on December 21, 2017 (due by 12/20/17 per CCP §1005(b).) The Court notes that Plaintiffs' Opposition fails to raise any substantive arguments pertaining to the instant demurrer and motion to strike. The sole “argument” raised by Plaintiffs' Opposition is that “Plaintiffs disagree with moving party's application of the facts…opposing...

Excerpt: ...CCP § 1209(a)(5) provides that disobedience of any lawful order constitutes contempt of the authority of the Court. Per CCP § 1211(a), when this contempt is not committed in the presence of the Court, an affidavit “shall be presented to the court or judge of the facts constituting the contempt.” CCP § 1218(a) provides that the court, upon answer and evidence taken, shall determine if the party is guilty of contempt, and may impose a fine n...

Excerpt: ...94. Opposing Party to give notice. This elder abuse action was filed on or about October 13, 2017. Plaintiff, by and through her successor in interest, JOSE DEL RIO (“Plaintiff”) alleges that, “[w]hile a patient of the HOSPTIAL, PAULA DEL RIO, a 70-year-old blind female, suffered a severe state IV pressure ulcer on coccyx, fistulas (chronic complications of swollen areas within body tissue, containing accumulations of pus, brain damage as w...

Excerpt: ... of their residential real property. Plaintiffs allege, “[a]s part of [a] 2004 refinance, Plaintiff John signed a Note and both Plaintiffs signed a Deed of Trust for a first trust deed in the amount of $325,000.00…. The lender was World Saving Bank FSB.” (FAC ¶6.) Defendant WELLS FARGO, N.A. (“Wells Fargo”) is purported to be the current servicer of the Note and DOT. (Id., ¶7.) In May 2015, Plaintiffs began to experience financial har...