Excerpt: ...and/or lease holder is a public nuisance. On January 10, 2018, trial commenced. The Court found Defendant Elaine L. Benson is deceased as of 2009 and denied defense's request to dismiss the case and Plaintiff's request for the Court to voir Steve Benson and to proceed to trial. The Court granted Plaintiff's request to continue the matter. Plaintiff amended the complaint on January 25, 2018, naming Steven Benson, individually as a defendant in pla...

Excerpt: ...ompel production of documents (1) created in and after March 2017 and (2) relating to Plaintiff's mental or emotional condition. Plaintiff's and Defendant's requests for sanctions is DENIED. Plaintiff is to give notice. BACKGROUND This personal injury action was filed on July 13, 2017. Plaintiff alleges that he was a kindergarten student at Defendant Bellflower Unified School District (“BUSD”) from September 2016 to March 2017. Plaintiff alle...

Excerpt: ...and argue the merits on the continued hearing date. If counsel are unable to informally resolve their discovery disputes, then counsel are instructed to submit a joint statement outlining the remaining disputed issues for which a ruling is required. The joint statement must be FILED on or before June 3, 2019. A courtesy copy of the joint statement must be delivered directly to Department SE-C no later than 3:00 p.m. on June 3, 2019. Plaintiff is ...

Excerpt: ...responding party, and any other party or affected natural person or organization may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (CCP 2030.090(a), 2031.060(a), and 2033.080(a).) The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppress...

Excerpt: ...beral approach to amendment of pleadings in light of a strong policy favoring resolution of all disputes between parties in the same action. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939.) Pursuant to this liberal policy, requests for leave to amend will normally be granted unless (a) the party seeking to amend has been dilatory in bringing the proposed amendment before the court; and (b) the delay in seeking leave to amend will cause prejudic...

Excerpt: ...ves for judgment on the pleadings as to the sole cause of action for breach of contract in the First Amended Cross-complaint (“FACC”) filed by Cross-complainant 5633 Maywood, LLC's (“Cross-complainant”) on December 12, 2018. Cross-defendant's request to take judicial notice of two recorded documents filed with LA County Recorder's Office is granted. (Evid. Code, § 452(e); Evans v. California Trailer Court, Inc. (1994) 28 Cal.App.4th 540,...

Excerpt: ...…in which the mental…condition…of that party…is in controversy in the action.” (CCP §2032.020(a).) “The court shall grant a motion for a…mental examination…only for good cause shown.” (CCP §2032.320(a).) Defendants' expert, Dr. Purisch initially examined Plaintiff on October 26, 2016. Plaintiff's expert, Dr. Reading, initially examined Plaintiff on November 8, 2016. Dr. Reading recently performed a second, follow-up examinatio...

Excerpt: ...17. Plaintiff alleges that Defendants knowingly rented her an illegal converted garage in violation of statutes, ordinances, and the laws of the city of Bell. “At the time the property was rented to the plaintiff the defendants and each of them were not permitted by the City of Bell to rent the property to the plaintiff and were not permitted to collect rent from the plaintiff.” (Complaint, Att. BC-2.) Plaintiff's Form Complaint asserts the f...

Excerpt: ...TITLE INSURANCE COMPANY (“Cross-Defendant”) on October 1, 2018. On December 28, 2018, Defendants/Cross-Complainants WASHINGTON & AKCERN INVESTMENT, LLC and SERGE GHARIBIAN (collectively “Cross-Complainants”) filed the subject Cross-Complaint. The Cross-Complaint asserts one sole cause of action for Declaratory Relief. Cross-Defendant demurs to the Cross-Complaint on the following grounds: (1) the Cross-Complaint is unnecessary and duplica...

Excerpt: ...to file and serve their Answers within 10 days. IV. Defendant Sanchez's motion to strike is moot in light of the court's grant of leave to amend. Defendants Vasquez and Zakaria's motion to strike is DENIED. Defendants Vasquez and Zakaria are ordered to file and serve their Answers within 10 days. Moving parties to give NOTICE. I-II. Motion to Quash Defendants Martinez and Donald and Pinky Jervis move to quash service of summons pursuant to CCP §...

Excerpt: ...d on the ground that they fail to state facts sufficient to constitute a cause of action. The elements for a cause of action for Fraud are: 1) misrepresentation (false representation, concealment, or nondisclosure); 2) knowledge of falsity (scienter); 3) intent to defraud or induce reliance; 4) justifiable reliance; and 5) damages. (See CC 1709.) Fraud actions are subject to strict requirements of particularity in pleading. (Committee on Children...

Excerpt: ...d cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her. (CCP 418.10.) Defendant's motion is untimely. Defendant should have filed her motion “before the last day of his or her time to plead,” which was in November 2007. Further, default judgment was entered against Defendant Hernandez on 2/27/09 and renew...

Excerpt: ...e to strike punitive damages pursuant to CCP §437. Second Amended Cross-Complaint (“SAXC”) Cross-Complainant Lodi Realty, L.P. (“Lodi”) alleges that Cross-Defendants Royal Color Graphic Design, Inc. (“Royal”) and Shahabian breached the lease and guaranty, and committed conversion and waste when they removed the “Must Remain Items” from the premises. Based on these facts, Lodi asserts causes of action for: 1. Breach of Lease (v. a...

Excerpt: ...H KUMAGAYA is ORDERED to pay Defendant NASSR and his counsel of record, sanctions in the total amount of $720.00 ($300/hr. x 2 hrs.) + ($120.00 costs) no later than 30 days from the Court's issuance of this Order. Defendant CHRISTEN OH KUMAGAYA is ORDERED to provide verified responses to Special Interrogatories (Set Four), without objection no later than 15 days from the Court's issuance of this Order. This date may be extended pursuant to agreem...

Excerpt: ...redes was a claimant. Maria[1] bases her demurrer on the fact that a judgment that has been entered in the family law court, over which the family court has retained jurisdiction. But a demurrer for another action pending will not lie when the prior action has already resulted in a judgment. "Where the first action is concluded by judgment or dismissal before the second action is commenced, the plea of another action pending is untenable. [Ci...

Excerpt: ...ANDEZ on December 18, 2017. The facts, as alleged in Plaintiff's operative pleading, are as follows: “Defendants VALENZUELA TRANSPORTATION… were the respective owners, drivers, employees, agents, partners, and/or joint ventures of a certain vehicle, consisting of a tractor coupled to and/or otherwise attached to a trailer.” (FAC ¶7.) “On or about January 12, 2016, [a] tractor-trailer was parked and positioned at [a] receiving dock, with ...

Excerpt: ... for terminating sanctions against Plaintiff HONG DANG is GRANTED. I. Defendant UU HORSE, INC.'s motion for terminating sanctions against Plaintiff THANH NGUYEN is GRANTED. I. Defendant UU HORSE, INC.'s motion for terminating sanctions against Plaintiff KHAI NGUYEN is GRANTED. Moving Party to give notice. No Opposition(s) filed as of April 12, 2019. Motion for Determination of Good Faith Settlement In determining the good faith of a settlement, t...

Excerpt: ...ANDEZ on December 18, 2017. The facts, as alleged in Plaintiff's operative pleading, are as follows: “Defendants VALENZUELA TRANSPORTATION… were the respective owners, drivers, employees, agents, partners, and/or joint ventures of a certain vehicle, consisting of a tractor coupled to and/or otherwise attached to a trailer.” (FAC ¶7.) “On or about January 12, 2016, [a] tractor-trailer was parked and positioned at [a] receiving dock, with ...

Excerpt: ...levant facts, as alleged, are as follows: “On or about 20 October 2015, Plaintiff went to SELLER's place of business to purchase a vehicle, and ended up purchasing a used 2013 TOYOTA CAMRY…. [¶] Prior to purchasing the VEHICLE, Plaintiff specifically asked SELLER if the VEHICLE had been in a prior accident, or had prior damage, or asked about the history of the vehicle. [¶] SELLER specifically stated to Plaintiff that the VEIHCLE had not be...

Excerpt: ...om his operation of a sugar cane juicer manufactured by VENCEDORA MAQTRON (“Maqtron”). Plaintiff's Complaint asserts the following causes of action: (1) Strict Products Liability; (2) Negligence; (3) Breach of Express Warranty; and (4) Breach of the Implied Warranty of Merchantability. In its Cross-Complaint, filed in October 2018, JC FOODSERVICE, INC. (“JC Foodservice”) alleges, in pertinent part, “The Complaint alleges that on July 7,...

Excerpt: ...8. The relevant facts, as alleged, are as follows: “This lawsuit arises out of an injury suffered by KWON resulting from an injection performed by Defendants, and SONG for loss of consortium. [¶] Plaintiffs seek to recover damages from a procedure involving an injection to Plaintiff's right ankle bringing about physical, mental, disfigurement and emotional injuries.” (SAC ¶¶9-10.) Plaintiffs allege that “Defendants injected a substance i...

Excerpt: ...medical malpractice was filed by Plaintiff MARY ANDRENETTA ANDERSON on July 25, 2018. The relevant facts, as alleged, are as follows: “On or about January 7, 2010, plaintiff was admitted to the hospital for surgery, which involved the amputation of both her legs beneath the knees. In the course of the treatment, the attending physician found it necessary to introduce and deploy a ‘caval filter placement' below plaintiff's ‘renal veins.'” ...

Excerpt: ...NTED. CCP §2033.280. Moving Party to give notice. Motion for Summary Judgment/Adjudication: This action for reformation was filed on May 16, 2018. Plaintiff alleges in pertinent part, “On or about September 22, 2005, the Leon Defendants encumbered the Property with a loan of $250,000.00 from American General Financial Services, Inc…. Plaintiff is the current holder of the Note and the record beneficiary of the Deed of Trust…. [¶] The lega...

Excerpt: ... for Appointment of Discovery Referee: “When the parties do not consent, the court may, upon the written motion of any party, or of its own motion, appoint a referee in the following cases…. (5) When the court in any pending action determines that it is necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report findings and make a recommendati...

Excerpt: ...denominated “Fraudulent Concealment and Bankruptcy Fraud” and “Aiding and Abetting Conversion.” The SACC fails to allege facts sufficient to state a cause of action, and any cause of action would be time barred. Further, Schrager has had three opportunities to attempt to state a valid claim, and has failed to do so. Nor has Schrager set forth any additional facts that he would allege if leave to amend is granted. The Court concludes that ...