Excerpt: ...lane sign and painted fire lane markings on the portion of the street over which there is an easement for ingress and egress to the Plaintiff's property and was also designated as the fire lane. The Defendants admitted to engaging in vandalism because they removed the fire lane sign and painted over the fire lane markings. According to the Complaint, this resulted in the Defendants being arrested. Plaintiff alleges that notwithstanding the no par...

Excerpt: ...ve assistance for all of his activities of daily living, including bed mobility, transfers, dressing, toileting, personal hygiene, mobility, eating, and bathing. The Plaintiff was unable to speak, had impaired vision, was unable to understand others, and had severely impaired cognitive skills. The Plaintiff was admitted as a resident of the Defendants' facility. The Defendants knew that the Plaintiff had conditions that placed him at a heightened...

Excerpt: ... The Defendants photographed people in the toilet and made offensive comments based on the gender of the office manager. No trial is set. The case management conference is set for this hearing. This hearing concerns the Plaintiff's motion for leave to file a Second Amended Complaint. The Plaintiff seeks to add a new cause of action for intentional infliction of emotional distress. A copy of the proposed pleading is in exhibit 1 to the motion. Thi...

Excerpt: ...compensatory and punitive damages. CAUSES OF ACTION IN COMPLAINT: 1) Negligence 2) Trespass to Chattels 3) Conversion 4) Negligence Per Se 5) Unfair Business Practices 6) Bad Faith This hearing concerns the demurrer and motion to strike of Defendants, Gayane Mikayelyan, Eliza Ter-Arakelyan, and Hovanes Markaryan. The following analyzes the demurrers to the causes of action in the manner which the causes of action were pleaded in the Complaint. 1....

Excerpt: ... Felix Lopez and Luis Rodriguez directed at the amendment filed by the Plaintiffs on November 20, 2017 that identified DOE Defendant 1 as Loracast, Inc. 1. Demurrer The Defendants argue that the Plaintiffs cannot use the DOE Defendant statute, CCP section 474, to add Loracast, Inc. because the Plaintiffs knew its name when they filed their Complaint. CCP section 474 permits a plaintiff who is ignorant of the name of a defendant to designate the d...

Excerpt: ...e caused water, sewage, and feces to overflow into their unit. CAUSES OF ACTION IN FIRST AMENDED COMPLAINT: 1) Fraudulent Concealment 2) Fraud 3) Negligent Misrepresentation 4) Negligence 5) Breach of Contract 6) Breach of Fiduciary Duty This hearing concerns the demurrer of the Defendant, Ross Morgan & Company, Inc., to the third cause of action. The Defendant argues that the third cause of action for negligent misrepresentation does not plead s...

Excerpt: ... possession in order to obtain possession of the motor vehicle from the Defendants. The writ of possession will permit the Plaintiff to obtain possession of the tangible personal property prior to trial. CCP section 512.060 permits the Court to issue a writ of possession when the Court finds the following: 1) The plaintiff has established the probable validity of the plaintiff's claim to possession of the property. 2) The undertaking requirem...

Excerpt: ...good faith and fair dealing, and fraud. Further, the Court ruled in favor of the Plaintiffs on all the claims in the Cross-Complaint directed at the Plaintiffs. A judgment for $956,717.83 was entered in favor of the Plaintiffs and against the Defendant, Deal Makers Consultants, Inc., and a judgment for $649,167.00 in favor of the Plaintiffs and against the Defendant, Glen Quilter, was entered on July 14, 2017. This hearing concerns the Plaintiffs...

Excerpt: ...Plaintiff executed a lease with a third party that would take possession of the property after the Plaintiff obtained possession and had built improvements on the property. After the close of escrow, the Plaintiff prepared to commence construction. However, the Defendant, C&H Trust Deed Services, recorded a notice of default on August 25, 2017. The Defendant then recorded a notice of trustee's sale on December 1, 2017 that set a foreclosure sale ...

Excerpt: ...aintiff from pretrial discovery of the financial condition of the defendant for the purposes of supporting an award of punitive damages until the plaintiff obtains a Court order permitting the discovery. Under Civil Code section 3295(c), a plaintiff may obtain this order with a noticed motion supported by appropriate affidavits that establishes that there is a substantial probability that the plaintiff will prevail on the punitive damages claim. ...

Excerpt: ...ition, the Defendants breached an inventory agreement by failing to pay amounts due for inventory used in the Defendants' business. CAUSES OF ACTION IN FIRST AMENDED COMPLAINT: 1) Breach of Contract 2) Common Count Trial is set for March 26, 2018. This hearing concerns the Defendants' motion for summary judgment of the First Amended Complaint. Under CCP section 437c, a plaintiff may move for summary judgment if that party contends that there is n...

Excerpt: ...management conference is set for this hearing. This hearing concerns the Plaintiff's motion to compel responses to his special interrogatories. In its opposition papers, the Defendant's attorney, Michael O'Neill, states that the Defendant served responses and that a copy of the responses is attached as exhibit A to the opposition papers. Since the Defendant has served responses, the Plaintiff's request for an order compelling responses is moot. T...

Excerpt: ...ection 170.6 was filed on December 19, 2017. Under CCP section 170.6, an application must be made to the assigned judge within 15 days after notice of the all purpose assignment, or if the party has not yet appeared in the action, within 15 days after the appearance. The term “appearance” is interpreted as a “general appearance” for the reason that it is only upon the making of a general appearance that a defendant submits to the jurisdic...

Excerpt: ...dentify any legal authority under which the Court may issue an order directing the Defendant to serve responses. This dispute arises from the failure to produce documents sought in a notice of deposition. The correct authority for an order compelling the production of the documents is CCP section 2025.450(a), which states that, if, after service of a deposition notice, a party to the action or an employee of a party fails to produce for inspectio...

Excerpt: ...ded to vacate the property and that it would assist her with relocation costs. The Plaintiff brought this action to claim that her lease agreement was breached, that she was forcibly evicted, and that the Defendants had intentionally inflicted emotional distress on her. No trial is set. A case management conference is set for this hearing. At this hearing, the Plaintiff requests that the Court set aside the December 1, 2017 order that sustained t...

Excerpt: ...nst Melody Hsieh alleging she breached the agreement by failing to perform her work obligations. Further, the Cross Complaint alleges breach of fiduciary duty, conversion and fraud. In the Cross- Complaint, Yan Xue Wei, seeks damages for breach of the agreement and the fraudulent conduct by Melody Hsieh. This motion concerns Cross-Defendant's demurrer and Slim Glow's motion to Strike portions of the Complaint. CAUSES OF ACTION IN CROSS-COMPLAINT:...

Excerpt: ...e Per Se This hearing concerns Defendants' demurrer to the second and fourth causes of action in Plaintiff's First Amended Complaint. 1. Demurrer to Second Cause of Action The Defendants argue that the second cause of action for premises liability is duplicative of the first cause of action for negligence. Under California law, there are grounds for a demurrer to a cause of action that adds nothing to a complaint by way of fact or theory. Rodrigu...

Excerpt: ...ring concerns the demurrer of the Defendant, Frank McNally, to the Complaint. The Defendant argues that the cause of action for negligence lacks sufficient facts because it does not include specific facts with regards to each Defendant. However, specific facts are not required to plead negligence because the Plaintiffs may state their negligence claim in general terms, without stating the facts constituting such negligence. Smith v. Beauchamp (19...

Excerpt: ... calculate the Plaintiff's income correctly. The Plaintiff filed an appeal and the Defendant's agents requested additional documents. During this process, the Plaintiff's single point of contact has changed numerous times. The Defendant then advised the Plaintiff in a letter dated April 5, 2017 that no modification could be granted. CAUSES OF ACTION IN COMPLAINT: 1) Violation of Business and Professions Code section 17200 2) Violation of Homeowne...

Excerpt: ...enant of good faith and fair dealing, and fraud. Further, the Court ruled in favor of the Plaintiffs on all the claims in the Cross-Complaint directed at the Plaintiffs. A judgment for $956,717.83 was entered in favor of the Plaintiffs and against the Defendant, Deal Makers Consultants, Inc., and a judgment for $649,167.00 in favor of the Plaintiffs and against the Defendant, Glen Quilter, was entered on July 14, 2017. This hearing concerns the P...

Excerpt: ...intiff, Creditors Adjustment Bureau, Inc., was assigned the claim by City National Bank. Trial is set for March 19, 2018. CAUSES OF ACTION IN COMPLAINT: 1) Breach of Contract 2) Breach of Personal Guaranty This hearing concerns the Plaintiff's motion for summary judgment of its claims against the Defendants. Under CCP section 437c, a plaintiff may move for summary judgment if that party contends that there is no defense to the plaintiff's causes ...

Excerpt: ...ber 20, 2017 on the grounds of extrinsic fraud or extrinsic mistake. The matter proceeded to a Court trial on September 20, 2017 and at the conclusion of the trial, the Court entered a judgment in favor of the Plaintiff. The judgment was entered on September 25, 2017 and the Court Clerk mailed the notice of entry of judgment on September 25, 2017. The basis for the Defendant's motion is that the Plaintiff provided evidence at trial that the Defen...

Excerpt: ...tional Infliction of Emotional Distress This hearing concerns the Defendants Eugene Ravin and Express Diagnostics, Inc.'s motion for a judgment on the pleadings. A motion for a judgment on the pleadings has the purpose and effect of a general demurrer and is filed after the time to file a demurrer has expired. Smiley v. Citibank (S.D.), N.A. (1995) 11 Cal. 4th 138, 145-146. Accordingly, just as on a demurrer, the Court examines the allegations in...

Excerpt: ...nt to arbitrate a controversy, if the Court determines that an agreement to arbitrate the controversy exists. Mission Viejo Emergency Medical Associates v. Beta Healthcare Group (2011) 197 Cal.App.4th 1146, 1153. Sections 1281.2 and 1290.2 create a summary proceeding for resolving petitions to compel arbitration. Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972. The moving party bears the burden of proving the existence of a v...

Excerpt: ...endants claim in their Cross-Complaint that after the Plaintiffs were evicted from the sublease for the failure to make monthly payments, the Plaintiffs interfered with the Defendants' efforts to enter into a new sublease with a different tenant by persuading the owner of the property to withhold consent. Trial is set for March 5, 2018. This hearing concerns the Cross-Complainants' motion for leave to file a Cross- Complaint under CCP section 425...