Excerpt: ...t through nventy-fifth affirmative defenses SUMMARY OF FACTS: Plaintiff Gewo Khachadoorian alleges that in March of 2020 plaintiff commenced a boyfriend girlfriend relationship with defendant Talin Mouradian, who was working at a drug and alcohol rehabilitation facility. Defendant Mouradian represented that she was an expert and well-informed on operating a rehabilitation business and suggested that they work together to establish such a business...

Excerpt: ...n of Documents, Set Six ANALYSIS: Under CCP S 2030.290, "If a party to whom interrogatories are directed fails to serve a timely response," that party "waives any legal right to exercise the option to produce writings„.as well as any objection to the interrogatories, including one based on privilege or on the protection for work product..." Under subdivision (b), "The party propounding the interrogatories may move for an order compelling respon...

Excerpt: ... Motion Improper as Responses Served Plaintiff m opposition argues that the motion is improper because although defendant argues that plaintiff did not respond to defendants discovery, the motion itself actually attaches a copy of plaintiffs responses. The motion is curious, as it appears to seek responses to the requests for admissions (and does not seek an order deeming the requests for admissions admitted), and states that, "To date, Ms. Godja...

Excerpt: ... of 2019 plaintiff purchased a 2019 Jeep Compass vehicle, and express warranties accompanied the sale of the vehicle, by which defendant FCA US LLC undertook to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plamtiff alleges that the vehicle was delivered to plaintiffwith serious defects and nonconformities to warranty, including the vehicle's engine, e...

Excerpt: ... FACTS: Plaintiff Ruben Miranda-Trujillo alleges that in January of 2020 plaintiff purchased a 2019 Ford F -350 vehicle for which defendant Ford Motor Company issued a written warranöy•, by which Ford Motor Company agreed to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiff alleges that the warranty was not issued by the selling dealership, an...

Excerpt: ...ion of Cross-Complaint Strike punitive damages CAUSES OF ACTION: from Cross-complaint 1) 2) 3) 4) 5) 6) Breach of Contract Misrepresentation and Concealment Fraud and Misrepresentation Negligence Breach of Express Warranty Recovety on License Bond SUMMARY OF FACTS: Plaintiff Constructure, Inc. alleges that in November of 2019, defendant POVAC Investments, Inc. dba Adept Building and Construction (POVAC) entered into a subcontract with plaintiff p...

Excerpt: ... OF FACTS: Plaintiff Shannon Conn alleges that in January of 2016, plaintiff entered into a Residential Purchase/Sale Agreement for the purchase of real property in Magalia, California, and that in February of 2016, the sellers agreed to make repairs to the subject property, including repairing the sinks and windows. Plaintiff was assured that no leaks were found in the master bathroom, but in April of 2016, shortly after plaintiff moved into the...

Excerpt: ...ng this action to arbitration as bemveen plaintiff and defendant Viracon, Inc. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Pointe Assets, LLC, the successor in interest to Catalina Media Development, LLC ("CMD"), alleges that CMD owns real property in Burbank commonly referred to as "The Pointe," an office building and parking garage. Plaintiff alleges that in early 2006, plaintiff entered into an agreement mth Krismar Construction Co. concernin...

Excerpt: ...endant Olympus Corporation of Americas to produce documents improperly designated as privileged and withheld by defendant, to order the deposition witness to testify concerning the purported privileged topics, and to produce documents requested at deposition. MONETARY SANCTION: None sought FACTUAL BACKGROUND: Plaintiff Jason Steger alleges that in October of 2016, plaintiff was admitted to defendant CSJ Providence St. Joseph Medical Center with a...

Excerpt: ...s that in October of 2020, plaintiff entered into a warranty contract with defendant Nissan North America, Inc. regarding a 2020 Nissan Altima vehicle. Plaintiff alleges that defects and nonconformities to warranty manifested themselves within the applicable express warranty period, including engine, electrical, brakes, transmission, and interior, and that the nonconformities impair the use, value and/or safety of the vehicle. The complaint alleg...

Excerpt: ... incompetent individual, through his guardian ad litem, alleges that on May 6, 2019, while plaintiff was under the care, custody and control of defendant BHC Alhambra Hospital, Inc., an acute-care psychiatric hospital, defendant breached the applicable standard of care for safe custody of plaintiff when defendant and its agents failed to adequately supervise and protect plaintiff from harm while he was a resident at the Hospital. Plaintiff allege...

Excerpt: ...dsor Road Condominiums Homeowners Association, Inc. filed this action alleging that defendant Jamie G. Perez owns a condominium unit in a complex in Glendale and is subject to recorded CC&Rs and statute regarding the subject unit, under the purview of the Association. The complaint alleges that defendant failed to pay assessments and related charges as required under the CC&Rs and statute, and that there is now due, owing, and unpaid to defendant...

Excerpt: ...is case arises out of the filing by the State Bar of California of a petition for assumption of jurisdiction over the unauthorized law practice of Nubia Esmeralda Burrier, pursuant to Business & Professions Code § 6126.3, based on the State Bar's conclusion that there is probable cause to believe that respondent is engaged in the unauthorized practice of law, and that the interests of a client, an interested person, or an entity will be prejudic...

Excerpt: ...t Americana La Crescenta, LLC, which owned, managed and operated the apartment complex and the subject property. Plaintiffs allege that the subject property has suffered from, and continues to suffer from, numerous problems, including inadequate hot water, noxious and repulsive odors, and defective plumbing, and that defendant has failed and refused to maintain the subject property, has refused to expend the necessary sums to maintain the subject...

Excerpt: ...(Set One) from each plaintiff FACTUAL BACKGROUND Plaintiffs Neuro Diagnostic Center, Inc. and Shushanik Devine allege that they were in possession of premises in Glendale and that defendants A & D Fire Sprinklers, Inc. and National Community Renaissance of California, while conducting construction work installing a new fire sprinkler system and plumbing at property directly behind the subject premises, were negligent, causing a major water overfl...

Excerpt: ...s that in April of 2018 plaintiff purchased a new 2018 Hyundai Kona, and that express warranties accompanied the sale of the vehicle to plaintiff by which defendant Hyundai Motor America (Hyundai Motor) undertook to preserve or maintain the utility or performance of plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance. Plaintiff alleges that the vehicle was delivered to plaintiff with serious defect...

Excerpt: ...that they are the owners of an easement for ingress and egress over the westerly ten feet of an adjoining lot, which is owned by defendant MTMD LLC. Plaintiffs allege that in August of 2022, defendant MTMD caused or permitted construction works on the MTMD property, including building a fence and preparing ground for concrete across the Daher easement, which unreasonably interferes with plaintiffs' use of the Daher easement by blocking the easeme...

Excerpt: ...ontract 2) Fraudulent Inducement 3) Unfair Business Practices SUMMARY OF FACTS: Plaintiff Kawai and Ruvi, Inc. alleges that in May of 2021, plaintiff entered into an agreement with defendant The Holy Spirit Association for the Unification of World Christianity titled License Agreement, which was essentially a lease agreement rebranded as a license agreement. Plaintiff alleges that pursuant to the agreement, defendant leased a portion of its prope...

Excerpt: ...ction of Documents, Set One, Nos. 5-7, 10, 11, 15, 16-17, 20, 23- 26, 28-29, 33, 37-39, 40, 41-80, and 82 MONETARY SANCTION: None sought CRC separate statement, etc.: Yes DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Exhibit K FACTUAL BACKGROUND: Plaintiff Eduardo Aguilar Ramirez alleges that in January of 2022 plaintiff acquired a new 2022 GMC Sierra Limited and received multiple express warranties ...

Excerpt: ...bitration SUMMARY OF FACTS: Plaintiff Mabel S. Vera alleges that in May of 2021 plaintiff leased a 2021 Infiniti QX50 vehicle from an authorized dealer and agent of defendant Nissan North America, Inc., the manufacturer of the vehicle, and that the subject vehicle was leased to plaintiff with express warranties that the vehicle would be free from defects in materials, nonconformities, or workmanship during the applicable warranty period and to th...

Excerpt: ...dly due on an account for the sum by which plaintiff alleges defendant Tatul Gagikyan has been unjustly enriched by virtue of receiving monetary or other benefit from plaintiff. On July 7, 2021, plaintiff filed a Request for Entry of Default of defendant, which was entered as requested the same date. On July 27, 2021, the court entered a judgment by the court by default based on plaintiff's written declaration in favor of plaintiff and against de...

Excerpt: ...n alleges that defendants Ana Airapetian and Tamara S. Chirkalina became indebted to plaintiff in the sums of money of $17,000 and $25,000 for plaintiff's services rendered and failed to repay the money by issuing a check in the amount of $17,000 from a closed account and refusing to pay the amount of $25,000 when requested. The file shows that on December 13, 2022, default was entered against moving defendant Anna Airapetian, based on proof of s...

Excerpt: ... PROCEDURAL BACKGROUND: Plaintiff Pointe Assets, LLC, the successor in interest to Catalina Media Development, LLC (CMD), alleges that CMD owns real property in Burbank, commonly referred to as “The Pointe,” an office building and parking garage. Plaintiff alleges that in early 2006, plaintiff entered into an agreement with Krismar Construction Co. concerning construction of the Pointe, which, in turn, for the benefit of CMD, entered into a s...

Excerpt: ...o plaintiff by which defendant Tesla, Inc. dba Tesla Motors, Inc. undertook to preserve or maintain the utility or performance of plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance. Plaintiff alleges that the vehicle was delivered to plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty, including structural and electrica...

Excerpt: ...ng) 1) Violation of Subdivision (d) of Civil Code Section 1793.2 v. FCA 2) Violation of Subdivision (b) of Civil Code Section 1793.2 v. FCA 3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2 v. 4) Breach of Implied Warranty of Habitability v. FCA 5) Negligent Repair v. Dodge SUMMARY OF FACTS: Plaintiffs Tyler Lee and Sherillelyn Lee allege that in December of 2018, plaintiffs entered into a warranty contract with defendant FCA US, LL...