Excerpt: ...BACKGROUND On October 11, 2017, Plaintiff Harry Harutyun Tangikyan, by and through his successor in interest, Christina Tangikyan (“Plaintiff”) filed the instant complaint alleging a cause of action for elder abuse (“Complaint”). Plaintiff alleges that Defendants CHS Healthcare Management, LLC and CHA Health Systems, Inc. (jointly, “Defendants”) failed to provide appropriate care for decedent Harry Harutyun Tangikyan (“Tangikyan”)...

Excerpt: ...tion, Inc. (“Mac”) filed this action on May 16, 2016 against, inter alia, Little Tokyo Pet Clinic, Inc. (“Inc.”) Mac commenced the action to recover over $500,000.00 it is allegedly owed in connection with the construction of a veterinary clinic it allegedly built for Inc. In connection with its action, Mac filed a mechanic's lien against the property at which the construction was located (the “Property”). Inc. subsequently filed a Cr...

Excerpt: ...an (jointly, “Plaintiffs”) initiated the instant action against, inter alia, Defendant C.W. Howe Partners, Inc. and Carl Howe (jointly, the “Howe Defendants”). Plaintiffs filed a First Amended Complaint on August 8, 2017, which asserts causes of action for fraud, negligent misrepresentation, negligence, violation of the unfair competition law, and for recovery against contractor's license bond (the “FAC”). As alleged in the FAC, the c...

Excerpt: ...o acquire a permanent easement and temporary construction easement (the “Easements”) over property located at 18300 Sierra Highway, Santa Clarita, CA 91387 (the “Property”) and owned by Defendants Cono Terranova, Angelina Caruso Terranova, Trustees of the Terranova Family Trust Dated June 1, 2007 (the “Terranovas”) and Defendants Carl Nicchitta and Maria Nicchitta (the “Nicchittas”). The Easements are necessary for Plaintiff's Can...

Excerpt: ...c (collectively, “Defendants”) on August 24, 2017. Defendants now move for judgment on the pleadings as to the first, second, fourth, eighth, ninth, tenth, eleventh, and twelfth causes of action in the FAC. Plaintiff opposes. Prior to filing a motion for judgment on the pleadings, the moving party must first meet and confer with the party who filed the pleading in an attempt to resolve the pleading issues without resorting to motion practice....

Excerpt: ...ct and Magnuson‐Moss Act action on July 14, 2017 against Defendant BMW of North America, LLC (“Defendant”). The instant motion to compel relates to Plaintiff's Request for Production of Documents, Set One, Nos. 26, 27, 28, 29, 31, 32, 35, 36, 37, 39, 40, 41, 42, 61, and 69 (the “Requests”). Plaintiff alleges that his 2010 BMW 550i, which was manufactured and distributed by Defendant, suffers from excessive oil and coolant leaks and misf...

Excerpt: ...efendant Hyundai Motor America (“HMA”). The Complaint asserted causes of action for violations of the Song‐Beverly Act and the Magnuson‐Moss Act stemming from the purchase by Plaintiff of a used 2011 Hyundai Sonata. Plaintiff alleged that during her ownership of the vehicle, she suffered persistent transmission and engine problems that required six repair visits over fifteen months of ownership. Thereafter, HMA refused to repurchase the v...

Excerpt: ... action for breach of implied contract/quantum meruit, a common count, declaratory relief, and unfair business practices. On July 20, 2017, Plaintiff served requests for production of documents, set two, on Heritage. Request for Production (“RFP”) No. 47 requested “All contracts that HERITAGE had with any PLAN for the claims on ATTACHMENT A, including any attachments, addenda, amendments, and/or rate sheets to those contracts.” (Gordon De...

Excerpt: ...roup, LLC is OVERRULED IN PART and SUSTAINED IN PART, WITH LEAVE TO AMEND. BACKGROUND Plaintiffs Jacob Blalock (“Blalock”) and Benjamin Novak (“Novak”) (jointly, “Plaintiffs”) filed the instant action on August 1, 2017 against Defendants Halt Gold Group, LLC (“Halt Gold Group”), Mike Celano (“Celano”), Charley Chartoff (Chartoff), John “Jack” Hanney (“Hanney”), and Alexander Orbison (“Orbison”) (collectively, “De...

Excerpt: ...ED. Defendants SUMMA INTERSTATES, HOWARD LEE, JAE HWAN LEE, JUNG S. LEE, HOWARD H. LEE and PAULINE M. LEE, TRUSTEES OF THE HOWARD AND PAULINE LEE LIVING TRUST Motion to Strike is CONTINUED. BACKGROUND Plaintiffs Dong Kyu Joo, dba AJ Coin Laundry, and Chun Kyong Shin (collectively, “Plaintiffs”) filed their Second Amended Complaint (“SAC”) against Defendants Summa Interstates, Howard Lee, as an individual and dba Interstate Realty and Inve...

Excerpt: ...ment and Appointment of Partition Referee is GRANTED. BACKGROUND Plaintiff Norwest Management, LLC (“Norwest”) filed this action against Defendant Borkes Capital Management, LLC (“Borkes”) on August 10, 2017. The Complaint asserts a cause of action for partition as well as for an accounting related to three commercial properties co‐owned by Norwest and Borkes. Norwest now moves for summary adjudication as to the first cause of action, p...

Excerpt: ...ON OF DOCUMENTS, SET ONE (1); AND REQUEST FOR SANCTIONS AGAINST DEFENDANT WEST COAST ORGANIC MODERNISM, INC. Plaintiff's Motions to Compel Responses to Form Interrogatories – General, Set One (1), Form Interrogatories – Employment Law, Set One (1), Special Interrogatories, Set One (1), and Requests for Production of Documents, Set One (1) are GRANTED. Plaintiff's Request for Sanctions against Defendant West Coast Organic Modernism, Inc. is GR...

Excerpt: ...ivil Procedure § 425.16 is GRANTED. BACKGROUND On September 19, 2017, Plaintiff Steven Oliva (“Plaintiff”) initiated the instant action against Defendant Charter Communications, Inc. (“Defendant”). The Complaint asserts nine causes of action stemming from Plaintiff's termination of employment by Defendant, as follows: (1) wrongful termination in violation of contract; (2) wrongful termination in violation of public policy; (3) harassment...

Excerpt: ...��). The Complaint asserts causes of action for breach of contract, tortious breach of the implied covenant of good faith and fair dealing, and declaratory relief (the “Complaint”). The gravamen of the Complaint is a dispute between the parties as to whether certain excess liability insurance was triggered such that Defendant was required to provide certain coverage. Defendant now demurs to the Complaint on the grounds that pursuant to the pl...

Excerpt: ...zalez and His Counsel of Record, Livingston * Bakhtiar, in the Sum of $4,812.50 for Violation of Cal. Code of Civ. Proc. § 128.7 is DENIED. BACKGROUND Plaintiff Luciano Gonzalez (“Plaintiff”) filed the instant action on May 11, 2017 against Defendants Jons Marketplace, Jons Market, and Berberian Enterprises, Inc. (“Berberian”). Plaintiff was formerly employed by Berberian as a meat packer. Jons Marketplace and Jons Market were sued as un...

Excerpt: ... justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915; People v. Prince (1968) 268 Cal.App.2d 398.) CRC Rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel Civil form (MC‐051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney client relationship ...

Excerpt: ...KGROUND Plaintiffs Errol Flynn and Susan Anderson (jointly, “Plaintiffs”) filed this action on January 6, 2016, against Defendants PLB Management, LLC, Prime/Park LaBrea Holdings L.P., and Prime/Park LaBrea Titleholder, LLC (collectively, “Defendants”). The operative First Amended Complaint (“FAC”), filed November 28, 2017, alleges that Plaintiffs lived at a property owned and/or managed by Defendants, subject to a written lease agree...

Excerpt: ...17, 2017 against Defendant General Motors, LLC (“Defendant”). This action concerns Plaintiff's purchase of a 2010 Chevrolet Traverse (the “Subject Vehicle”). Plaintiff alleges that Defendant breached its warranty obligations and concealed a known defect from Plaintiff related to the steering system. The Complaint asserts causes of action for violations of statutory obligations, including violations of the Song‐Beverly Act and Magnuson�...

Excerpt: ...s also GRANTED in the amount of $4,175.00. BACKGROUND Plaintiff Glenn Spears (“Spears”) filed this employment action on February 24, 2017 against Defendants Smart & Final Stores LLC, Smart & Final Logistics, LLC, Smart & Final LLC, Smart & Final Properties I LLC, and Smart & Final Stores, Inc. The Complaint asserts causes of action for (1) harassment based on race/color and ancestry; (2) failure to investigate, stop, and prevent harassment; (...

Excerpt: ...ed against him on September 7, 2017, on the basis of extrinsic mistake. Rios concedes that he was served with a copy of the Summons and Complaint on or about April 27, 2016. (Rios Decl., ¶ 7.) Rios states that he immediately called his attorney regarding the Summons and Complaint, and thereafter faxed a copy of the Summons and Complaint to his attorney (Rios Decl., ¶ 7.) Rios' then‐attorney does not recall receiving the Summons and Complaint ...

Excerpt: ...hanary Chem (“Chem”) and Leticia Guerrero (“Guerrero”) (jointly, “Plaintiffs”) brought this representative action against Defendants Oakmont Management Group LLC (“OMG”), Oakmont Senior Living, LLC, Joseph G. Lin, and William Gallagher (collectively, “Defendants”) on May 22, 2017. The gravamen of the Complaint is that Defendants had a consistent policy of failing to pay Plaintiffs and other aggrieved employees for all hours wo...

Excerpt: ...ober 11, 2016 against Defendant Saeed Modanlou (“Defendant”). Plaintiffs now move for leave to file a First Amended Complaint to add a new plaintiff to the action. The potential new plaintiff is also a former employee of Defendant who worked at the same locations, during the same period of time, and under similar working conditions as Plaintiffs. No opposition was filed. DISCUSSION Pursuant to CCP §473(a)(1), “[t]he court may, in furtheran...

Excerpt: ... (“LoanMart”). The Complaint asserts causes of action for specific performance, “identity, fraud,” and “emotional distress.” The Complaint also attaches Judicial Council forms for a breach of contract cause of action and another fraud cause of action. LoanMart demurs to the first cause of action (specific performance) on the grounds of failure to state facts sufficient to constitute a cause of action. LoanMart further demurs to the se...

Excerpt: ...se Co., Ltd (“Plaintiff”) filed this action on November 23, 2016, against Defendants MTN Products, Inc. (“MTN”), Water Solutions (Hong Kong) Ltd. (“Water Solutions”), DS Services of America, Inc., and Gregory Spear (“Spear”) (collectively, “Defendants”). The claims arise from alleged breaches of a series of agreements between the parties for the development, manufacture, and sale of coffee brewing machines. Plaintiff alleges D...

Excerpt: .... BACKGROUND On June 16, 2016, Plaintiff Co‐Trustees of the Collis P. and Howard Huntington Memorial Hospital Trust (“Plaintiff”) initiated this action against Defendants State of California, Department of General Services, Real Estate Services Division; State of California, California Environmental Protection Agency, Department of Toxic Substances Control (the State of California entities to be referred to as the “State”); Construction...