Excerpt: ...nte Medical Group is GRANTED. Moving Party to give Notice. This action for professional medical negligence was filed by Plaintiff BATTAGLIA on February 7, 2019. Plaintiff's Complaint asserts the following causes of action: (1) Professional Medical Negligence; (2) Intentional Infliction of Emotional Distress; (3) Battery; (4) Assault; (5) Breach of Fiduciary Duty; (6) Sexual Harassment; and (7) Negligence Per Se. On August 7, 2019, Plaintiff serve...

Excerpt: .... (Ev. Code 452.) Procedural History On May 29, 2015, Khulood Cotta (“Khulood” or Decedent) filed an action for breach of contract against Plaintiff Shamaan (Case No. BC583501). (SAC, ¶21.) On August 3, 2016 Judgment was entered in favor of Khulood and against Plaintiff for three properties: 1) the Humboldt Property; 2) the Florence Property; and 3) the Wilcox Property. Plaintiff alleges that Khulood had an oral agreement with Shamaan to tra...

Excerpt: ...f December 17, 2019. Plaintiff PAWNEE LEASING applies for a writ of attachment in the sum of $72,468.25 against Defendants SO CAL CATER TRUCK, INC. and JORGE NOE GOMEZ. At the hearing, the court shall consider the showing made by the parties appearin g and shall issue a right to attach order, which shall state the amount to be secur ed by the attachment determined by the court in accordance with Section 483.01 5 or 483.020, if it finds all of the...

Excerpt: ...non Declaration are overruled. Defendant's objections to the Parke Declaration are sustained as to Nos. 1, 4-8, and the remaining objections are overruled. Complaint This breach of contract action was filed by Plaintiff Delia Castanon on 2/25/16. Plaintiff and her father, Robert Castanon, were joint tenants of the real property located at 11826 Loma Drive, Whittier, California. On 9/3/11, after Plaintiff's father passed away, defendant would not ...

Excerpt: ...ase agreement, whereby the Tenant Defendants agreed to lease the premises at 14200 Telegraph Road, Whittier, CA 90604 (“subject property”) with the intent to operate a gas station on the premises. The lease was for an initial term of 10 years with two additional five-year option terms. Plaintiff Anabi Oil Corporation (“Plaintiff”) entered into an agreement with iFuel, Inc. to purchase a minimum amount of gasoline per month for a term of 1...

Excerpt: ... asserting seven causes of action: (1) breach of contract; (2) conversion; (3) accounting; (4) violation of business and professions code; (5) fraudulent misrepresentation; (6) negligent misrepresentation; and (7) declaratory relief. Pierson's cross- complaint named Reza Samandari (“Samandari”), James Hoseini d/b/a Home Expo (“Hoseini”), and Roes 1 through 100 as cross-defendants. On November 14, 2017, the Court (Hon. Thomas D. Long) cond...

Excerpt: ...rein. Cal. Ev. Code §452. On March 15, 2019, Defendant/tenant VIVERA PHARMACEUTICALS, INC. (“Vivera”) filed a complaint against Plaintiff/landlord BLAINE HOLDING & DEVELOPMENT, LLC (“Blaine”) for (1) Forcible Entry; and (2) Forcible Detainer (“Underlying Action”) (Case No. 19NWCV00244). Vivera sought possession of ta portion of leased property at 11037 Lockport Place (“Building One”) and 1110 Greenstone Avenue (“Warehouse”) (...

Excerpt: ...nt to arbitrate; (ii) set forth the name of the arbitrator; (iii) attached a copy of the award and the written opinion of the arbitrator; and (iv) is brought within four years after date of service of copy of award on petitioner. (See CCP §1285.) The Petitioner meets all the requirements of the statue. Given the Court's ruling on BILL's Petition to Vacate Contractual Arbitration below, CHASE's Petition to Confirm Contractual Arbitration is grant...

Excerpt: ...1st, 2nd, and 5th causes of action. Moving party to give NOTICE. Defendant Wells Fargo Bank, N.A. demurs to the 1st – 6th causes of action on the ground that they fail to state facts sufficient to constitute causes of action. PREEMPTION Under the Home Owners' Loan Act of 1933, 12 U.S.C. § 1461 et seq., the federal Office of Thrift Supervision has issued 12 C.F.R. § 560.2, which delineates what is a matter for federal regulation, and what ...

Excerpt: ...COLOR, LLC requests that this Court taken judicial notice of the following documents: (1) Declaration of Kay Hwang in Support of His Application for Right to Attach Order, Issuance of Writ of Attachment, and Temporary Protective Order, signed by Kay Hwang on May 28, 2019; and (2) Declaration of Kay Hwang in Support of His Application for Right to Attach Order, Issuance of Writ of Attachment, and Temporary Protective Order, signed by Kay Hwang on ...

Excerpt: ... decedent within a reasonable time, the successor may recover the property or compel its payment, delivery, or transfer in an action brought for that purpose against the holder of the property. If an action is brought against the holder under this section, the court shall award reasonable attorney's fees to the person or persons bringing the action if the court finds that the holder under the decedent's property acted unreasonably in failing to p...

Excerpt: ...mplaint is MOOT. Moving Party to give Notice This action for breach of contract was filed by Plaintiff PIH HEALTH HOSPITAL – WHITTIER on February 6, 2018. On September 12, 2018, Defendants/Cross- Complainants filed the subject Cross-Complaint. On October 19, 2018, a First Amended Cross-Complaint was filed (“FAXC”). The FAXC alleges in pertinent part, “Throughout November and December of 2017, staff employees of Cross- Defendant PIH HEALTH...

Excerpt: ...ability validity of the claim based on a preponderance of evidence. (CCP §§405.32m 405.31; Kirkeby v. Sup. Ct. (2004) 33 Cal.4th 642, 648.) The decision regarding the likelihood that a plaintiff will prevail, as to a motion to expunge, reflects trial courts' evaluations of the record, which appellate courts will review for substantial evidence, but they will reweigh moving and opposing parties' conflicting evidence or adjudge credibility of wit...

Excerpt: ... following Special Interrogatories:  SI No. 52. Do YOU contend that you followed all of HOME DEPOT's policies and procedures regarding the safe loading and/or unloading of merchandise and/or cargo from trailers at the SUBJECT DOCK that were in effect at the time of the INCIDENT?  SI No. 53. IDENTIFY all PERSONS with knowledge of YOUR contention that you followed all of HOME DEPOT's policies and procedures regarding the safe loading and/or u...

Excerpt: ... with 20 days leave to amend. CCP §430.10(f). Moving Party to give Notice Motion to Quash This personal injury/products liability action was filed by Plaintiffs on March 16, 2018. Plaintiffs' allege, in pertinent part: “On or about March 26, 2016, at or near the intersection of Garfield Ave., and El Paso in Southgate, County of Los Angeles, a two-vehicle motor vehicle collision occurred between a 2006 Mercedes driven by defendant BRYAN ROJAS a...

Excerpt: ...ny pleading”; or (2) to strike any pleading or 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.) The instant Motion to Strike seeks an o...

Excerpt: ...for Production of Business Records to Kaiser Permanente set for that same date. I. Defendants LOS BAGRES CORPORATION; GARCIA & GALLARZO PROPERTY HOLDINGS, LLC; and JUAN ERASMO GARCIA's Motion for Monetary Sanctions and Issue and Evidentiary Sanctions is GRANTED in part, and DENIED without prejudice in part. Moving Party(s) to give Notice. Plaintiff LORENA BELMAN and her counsel of record are ORDERED to pay Defendants LOS BAGRES CORPORATION; GARCI...

Excerpt: ...o a motion for summary judgment or summary adjudication or both that facts essential to justify opposition may exist but cannot, for reasons stated, then be presented, the court shall deny the motion or order a continuance to permit affidavits to be obtained or discovery to be had or may make any other order as may be just.” Thus, a continuance is essentially mandatory where the nonmoving party makes the requisite showing. The party need not sh...

Excerpt: ...t in Plaintiff's favor was entered on October 14, 2018. Consequently, pursuant to CCP §1032(a)(4), Plaintiff is deemed the prevailing party, and is entitled to attorney's fees pursuant CCP §1033.5(a)(10)(A). When assessing the amount of any attorney's fee award, courts typically determine what is reasonable through the application of the “lodestar” method. Under the lodestar method, a base amount is calculated from a compilation of (1) time...

Excerpt: ... JAMALI; MAHSA MAHMOUDI; ANAHITA MAHMOUDI; ASGHAR MAHMOUDI; ANNETTE IRIBARREN; and SOFFA ELECTRIC, INC.'s motion to strike portions of Cross- Complainant PAKZAD's Cross-Complaint is MOOT in part, and DENIED in part. CCP §436. Moving Party to give Notice. This breach of contract action was filed by Plaintiff LEED ELECTRIC, INC. on September 27, 2018. On October 29, 2018, Defendant/Cross-Defendant ALI PAKZAD individually, and on behalf of LEED ELE...

Excerpt: ...e. Responsive pleadings are to be filed in accordance with the rules of civil procedure. Defendant KENNETH SOLOMON seeks leave to file a Cross-Complaint against Plaintiff RAFIK Y. KAMELL for breach of contract. In Opposition, Plaintiff argues that Defendant's motion should be denied where: (1) Defendant was dilatory in waiting almost three months to bring this motion from the date of filing his Answer; and (2) Defendant shows bad faith, and is ba...

Excerpt: ...2, judgment was entered for Judgment Creditor National Collegiate Student Loan Trust in the amount of $27,048.38. On June 3, 2016, Judgment Creditor filed a writ of execution for the total judgment. Debtor filed a claim of exemption (enforcement of judgment) on grounds that he needs his money to survive. Debtor further argues that he was never served with the Summons and Complaint. Debtor explains, in his Declaration, that he lives with/helps his...

Excerpt: ...CCP §2030.290. I. Defendant TELECARE CORPORATION's unopposed motion to compel Plaintiff JUSTIN SHERMIN's responses to special interrogatories (set one) is GRANTED. CCP §2030.290. II. Defendant TELECARE CORPORATION's unopposed motion to compel Plaintiff CHASE SHERMAN's responses to special interrogatories (set one) is GRANTED. CCP §2030.290. III. Defendant TELECARE CORPORATION's unopposed motion to compel Plaintiff JUSTIN SHERMAN's responses an...

Excerpt: ...Responses to Request for Admissions is DENIED. Opposing Party to give Notice. “If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply: (a) The party to whom the requests for admission are directed waives any objection to the requests…. The Court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party ...

Excerpt: ...chase the subject real property. Defendant GEORGE CURTIS acted as Toft's attorney in fact, prior to Jacalyn Horton-Toft apparently taking over the role as her mother-in-law's attorney in fact. (To date, it appears the whereabouts of Defendant CURTIS is unknown, and neither party has been able to serve him.) Plaintiff alleges that he took possession of the Subject Property in July 2015, but that a grant deed was never recorded. Approximately 5 mon...