Excerpt: ...intiff's Punitive Damages is DENIED. The court notes that plaintiff concedes in the opposition that she is not seeking punitive damages in connection with the first cause of action for premises liability. Ten days to answer. RELIEF REQUESTED: Strike prayer for punitive damages, paragraph 12 CAUSES OF ACTION: from (Form) Complaint 1. Premises Liability 2. Retaliation by Landlord—Civil Code § 1942.5 3. Retaliation by Landlord—Common Law SUMMAR...

Excerpt: ... Estate Elite Corporation and <000300030003002e005800 000300030003[ <0003000300030027004800 00350048001200300044[x, LLC <0003000300030027004800 00260055005200560056[-Complainant and Cross-Defendnt Tina Lai Responding Party: Defendants Fusheng Li and Lei Zhao RELIEF REQUESTED Determination that settlement described below has been entered into in good faith PROPOSED ORDER LODGED? Yes FACTS Plaintiff Charlotte Fang, through her GAL Juanzi Fang, alle...

Excerpt: ...d Turner's Demurrer is SUSTAINED WITH LEAVE TO AMEND on the ground the pleading fails to sufficiently allege that if the corporate veil is not pierced an inequitable result will follow. While plaintiff argues that the pleading supports an inference that the corporate defendant has been driven to insolvency, the pleading does not allege that fact. Demurrer on all other grounds is OVERRULED. Ten days leave to amend. Meet and Confer? Ok RELIEF REQUE...

Excerpt: ...9004c004f004800 00560056001000270048[fendant Joseph Jung Responding Party: Cross-Complainant Michael Sayer RULING: Cross-defendants Dennis Shane Dailey and Cal Mutual, Inc.'s Demurrer to Cross-Complaint of Defendant Michael Sayer: Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND to the fourth cause of action for negligence and fifth cause of action for declaratory relief, at the concession in the opposition papers. Demurrer is otherwise OVERRULED. Te...

Excerpt: ...al written response to Plaintiff's Inspection Demand, Set No. 3, without objection CRC separate statement, etc.: Yes DECLARATION SUPPORTING MOTION: Executed per CCP §§ 2015.5, 2030(l); CRC 315(a): ok Reasonable and good faith attempt to resolve informally: ok, Ex. 3 FACTUAL BACKGROUND: Plaintiff Larry Quishenberry brings this action individually and as successor in interest to Eugene Quishenberry, alleging that decedent assigned his Medicare be...

Excerpt: ...by a copy of the answer or other pleading proposed to be filed, as required under CCP § 473(b). The motion also concedes that defendants received a copy of the summons and complaint but fails to establish facts which would show that defendant's failure to respond to the summons and complaint was as a result of mistake, inadvertence or excusable neglect. RELIEF REQUESTED: Set aside default and or default judgment FACTUAL AND PROCEDURAL BACKGROUND...

Excerpt: ... Sanctions Based on Spoliation of Evidence is DENIED. The court cannot find under the circumstances that the terminating sanctions requested in the moving papers are appropriate to the dereliction alleged and established by plaintiff. The court cannot find from the showing presented that the circumstances warrant the court imposing the drastic sanction of termination. The court cannot find at this point that the misconduct in this case was delibe...

Excerpt: ...f Requested: Order entering summary judgment, or in the alternative, summary adjudication, in favor of plaintiff and against defendant RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: [No opposition] Plaintiff's UNOPPOSED Motion for Summary Judgment is GRANTED on both procedural and substantive grounds. From a procedural standpoint, defendant failed to file an opposition to this motion and therefore fa...

Excerpt: ... Motion is DENIED. Defendant has failed to meet its burden of establishing that venue is not proper in this County under CCP § 335.5. RELIEF REQUESTED: <0003002600520058005100 57005c[ Award of fees and expenses of $830 FACTUAL BACKGROUND: Plaintiff Perla Mageno alleges that plaintiff is a visually impaired and legally blind person who requires screen-reading software to read website content using a computer, and that she has visited the website ...

Excerpt: ...erk's judgment and recall and quash writ of possession. Order enjoining defendants from enforcing judgment in consolidated UD action FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Prapai Benjauthrit brings this action against her brother, defendant Boonseing Benjauthrit, alleging that the parties took title to four properties on Marion Drive in Glendale in 1977 as joint tenants, with the subject property to be the principal place of residence of pl...

Excerpt: ...y entering stipulated judgment against defendant Elias Tannous. SUMMARY OF FACTS: Plaintiff Courtesy Electric Wholesale filed this action to collect sums allegedly due pursuant to Account Agreements and Guaranty Agreements pursuant to which defendants agreed to pay plaintiff for electrical goods and other materials furnished and delivered to defendants by plaintiff. On July 9, 2013, plaintiff filed a Notice of Settlement. ANALYSIS: CCP § 664.6 p...

Excerpt: ...Constance Hilton RULING: Defendants Maria Malek, Super Car Engineering, and Healthcare Providers' Motion to Dismiss is DENIED. RELIEF REQUESTED: Order dismissing matter for failure to bring matter to trial within five years. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Constance Hilton alleges that in early 2014 she was introduced to defendant Maria Malek, whose son was dating plaintiff's granddaughter, who was then a minor, had recently experien...

Excerpt: ... Party: Defendant Resourceful Developments, Inc. Relief Requested: Summary adjudication in favor of plaintiff on the first and/or second causes of action RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Motion by Plaintiff Northern for Summary Adjudication is DENIED. Plaintiff seeks a judgment not only for the principal sums alleged to be due, but also for interest and attorneys' fees, without establis...

Excerpt: ... Los Angeles SMSA Limited Partnership dba Verizon Wireless Responding Party: Plaintiff Valle Lindo School District RULING: Demurrer to Plaintiff's Second Amended Complaint is OVERRULED for the reasons stated in the opposition. All elements of the second cause of action for private nuisance and third cause of action for trespass are sufficiently alleged. Motion to Strike Portions of Plaintiff's Second Amended Complaint is DENIED for the reasons st...

Excerpt: ...on, who is not a licensed attorney, and the company may not represent itself (or file motions) other than through a licensed attorney. (Ziegler v. Nickel<004a000300450048004800 510003[ established that a corporation cannot represent itself in court, either in propria person or through an officer or agent who is not an attorney”].) The Motion to Dismiss as brought by defendant Vincent Hon is DENIED. The motion fails to sufficiently establish tha...

Excerpt: ...durally, the moving parties concede that this is a renewed motion, based on issues asserted in a prior motion for summary judgment brought before this court, which the court refused to consider on procedural grounds. Defendants have not established to the satisfaction of the Court that the motion should be permitted to be renewed based on any newly discovered facts or circumstances, as required under CCP § 437c(f)(2). Defendants did not seek lea...

Excerpt: ...oss-Defendant Mike Kobeissi: First Cause of Action The Demurrer by Sandy Kobeissi and KP Inc. was previously sustained with respect to the first cause of action with leave to amend insofar as the claim was brought by cross-complainant DHA Holdings, Inc. on the ground, “there are no clear allegations that cross-defendants made statements regarding that party.” The demurrer was also sustained as to cross-defendant KP Inc. “as there are no cha...

Excerpt: ...y attempt to amend, Plaintiff is ordered to specify the nature of any cause or causes of action intended to be asserted, and to fully comply with CRC Rule 2.112, which requires each separately stated cause of action to be identified by number, to state its nature, and to identify against whom it is directed. The Complaint also fails to sufficiently allege plaintiff's standing to pursue this matter in light of the legal authorities cited in the mo...

Excerpt: ...: Plaintiff Ricardo Canales Responding Party: Defendant Ideal Kitchen Supply, Inc. (No Opposition) Relief Requested: Order granting plaintiff summary judgment on complaint of UD In the alternative, summary adjudication of issues Causes of Action from (Form) Complaint 1) Unlawful Detainer SUMMARY OF COMPLAINT: This is an unlawful detainer action brought by plaintiff Ricardo Canales alleging that he is the landlord of premises in Glendale, and that...

Excerpt: ...ecinos, Alan Isaac Orellana-Recinos, through his GAL, and Aaron Isaiah Orrellana-Recinos, through his GAL Meet and Confer? Ok RELIEF REQUESTED: Sustain demurrer to First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1. Temporary Restraining Order and Preliminary Injunction (Interference with Easement) 2. Damages and TRO and Preliminary and Permanent Injunctions 3. Assault SUMMARY OF FACTS: Plaintiff Miriam Recinos and her two m...

Excerpt: ...0003000300030003[ Plaintiff Angela Shagoyan (Amend) Responding Party: Plaintiff Angela Shagoyan (Return of Monies) Defendant Zarui Ter-Pogosyan (Amend) RELIEF REQUESTED: Order for immediate return of all funds obtained by plaintiff pursuant to void judgment Order granting leave to file a Second Amended Complaint CONTENTS OF MOTION: (CRC 3.1324(a)) Copy of the proposed amendment served on all parties? (CCP §471.5): Yes Proposed amendment signed? ...

Excerpt: ...Complaint is OVERRULED as untimely and on its merits. Ten days to answer. RELIEF REQUESTED: Sustain demurrer to Complaint CAUSES OF ACTION: from First Amended (Form) Complaint 1) Common Counts SUMMARY OF FACTS: <005c000f0003002c005100 0048005600030057004b[at defendants Brian Childers and Toni Renee Childers became indebted to plaintiff's assignor, Water & Power Community Credit Union, on an open book account for money due, on an account stated, f...

Excerpt: ...0560003002d00440050>es Kao, M.D. and John A. Kasher, M.D. (Depo) <0003000300030003000300 00030003000300030003> “Joinder” filed by Defendant Providence St. Joseph Medical Center <0003000300030003000300 00030003000300030003> Defendant Kathleen Makarewicz, M.D. (RFAs) Responding Party: Plaintiff Jason Steger Name of Deponent: Plaintiff Jason Steger RELIEF REQUESTED BY MOVING PARTY: Order compelling plaintiff to appear for second session of depos...

Excerpt: ...030003000300030003[ Moving Party: Defendants Peter Coeler, P.A.C. Properties Management, LLC and Willi O. & Adelheind TR Coeler Trust Responding Party: Plaintiffs Lake Cunningham and Vanessa Spinetti (No Opposition) RULING: [No Opposition] Defendants' UNOPPOSED Motion to Strike Second Amended Complaint is GRANTED. The court finds that the Second Amended Complaint, filed on March 14, 2019, was not filed in conformity with this court's orders, for ...

Excerpt: ...t and Cross-Complainant 2802 Mayflower Ave., LLC's Answer and Cross-Complaint is CONTINUED to June 7, 2019 at 9:00 a.m. to permit defendant and cross-complainant a reasonable time to effect reinstatement. Request for Sanctions pursuant to CCP § 128.5 is DENIED. RELIEF REQUESTED: Strike answer and cross-complaint of 2802 Mayflower Ave, LLC SUMMARY OF FACTS: Plaintiff Decker Swanson Enterprises, Inc. alleges that it entered into oral agreements wi...

Excerpt: ...ct, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense on the merits. Plaintiff to serve a verified response to RFA No. 4 within ten days. RELIEF REQUESTED: Order relieving her from Request for Admissions No. 4, Set One, that was deemed admitted by the Court on June 19, 2018 SUMMARY OF FACTS: Plaintiff Sheila M. Williams alleges that defendants County of Los Angeles and...

Excerpt: ...her Responses to Request for Admissions, Set Two CRC separate statement, etc.: ok DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: ok, Exhibit 1 FACTUAL BACKGROUND: The Third Amended Complaint alleges that this matter concerns the alleged fraudulent conveyance of seven properties in which plaintiffs have an equitable interest. The TAC alleges that previously there was litigation arising out of former defenda...

Excerpt: ...camels Network Inc. Responding Party: Defendant KL Global International Corp. RELIEF REQUESTED: Further Responses to Special Interrogatories FACTUAL BACKGROUND: Plaintiff Seacamels Network Inc. alleges that from May through July of 2017, it entered into an oral contract pursuant to which defendant KL Global International Corp. agreed to purchase denim trousers from plaintiff. The complaint alleges that defendants submitted three purchase orders t...

Excerpt: ...gment in favor of defendants Jam Lu and Lillian Lu and defendant/cross-complainant Kathy Lu In the alternative, summary adjudication of each cause of action of complaint and the cross-complaint of Kathy Lu Causes of Action from First Amended Complaint 1) Breach of Oral Contract 2) Breach of the Implied Covenant of Good Faith and Fair Dealing 3) Fraud 4) Judicial Foreclosure Causes of Action from Cross-Complaint of Kathy Lu 1) Usury SUMMARY OF PLE...

Excerpt: ...rty: Plaintiff Magdelena Henriquez (No Opposition) RULING: [No Opposition] Defendant Huntington Memorial Hospital's Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED WITH LEAVE TO AMEND. The SAC fails to sufficiently allege fraud, intentional concealment or the presence of a foreign body, or facts which would toll the three year period. Olympus America Inc's Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED WITH LEAVE TO A...

Excerpt: ...zuela Charles Valenzuela, as Trustee Kathleen M. Thompson, Trustee Christopher J Thompson National Point Lending National Point Financial Services 18 PDUD03737 Kathleen M. Thompson, Trustee Charles Valenzuela All Occupants in Possession RULING: Plaintiff's Motion to Consolidate Case Number 18PDUD03737 with Case Number 19GDCV00009: The court notes that it has previously signed an order consolidating the actions and deeming LASC Case No. 19GDCV0000...

Excerpt: ...zuela Charles Valenzuela, as Trustee Kathleen M. Thompson, Trustee Christopher J Thompson National Point Lending National Point Financial Services 18 PDUD03737 Kathleen M. Thompson, Trustee Charles Valenzuela All Occupants in Possession RULING: Plaintiff's Motion to Consolidate Case Number 18PDUD03737 with Case Number 19GDCV00009: The court notes that it has previously signed an order consolidating the actions and deeming LASC Case No. 19GDCV0000...

Excerpt: ...t Universal Shopping Plaza In the alternative, summary adjudication of issues Moving Party: Cross-defendant Universal Shopping Plaza Responding Party: Cross-Complainant Little Sheep San Gabriel, LLC dba Mongolian Pot Pot and Grill Causes of Action from Cross-Complaint of Little Sheep San Gabriel 1) Express and/or Equitable Indemnification and Contribution 2) Declaratory Relief 3) Apportionment of Fault Causes of Action from Cross-Complaint of Uni...

Excerpt: ...d by CCP § <0057004b00480003004400 00510056000300520049[ the motion are deemed to be admitted by plaintiff. The court finds that an agreement to arbitrate the controversy exists, that there is no showing that there has been any waiver of the right to compel arbitration, and no showing that the agreement has been revoked or that grounds exist for revocation of the agreement. The court orders plaintiff Vicki Smith and defendant Sit ‘N Sleep, Inc...

Excerpt: ...intiff Constance Hilton Responding Party: Defendant and Cross-Complainant Westco Petroleum, Inc. RULING: Motion to Strike Answer and Cross-Complaint of Westco Petroleum, Inc. is GRANTED. The court notes that the motion was continued to this date to permit defendant and cross- complainant Westco Petroleum, Inc., a suspended corporation, time to effect a reinstatement. Defendant and cross-complainant Westco Petroleum, Inc. has failed to submit any ...

Excerpt: ...t of attachment is GRANTED. <0051005700030057005200 001700110013001c0013[: 1) the claim is on upon which attachment may be issued; 2) plaintiff has established the probable validity of the claim; 3) attachment is not sought for any purpose other than recovery on the claim; 4) the amount to be attached is greater than zero. The court further finds that the claim arises out of the conduct by defendant Elahe Ashor, a <004800560056004c005200 51001100...

Excerpt: ... Poonsook Brainangkul (Attorney's Fees) Responding Party: Plaintiff Poonsook Brainangkul (Set Aside) Defendants Select Portfolio Servicing, Inc. and the Bank of New York Mellon, as Trustee (Set Aside and Attorney's Fees) RULING: Motion to Set Aside Void Judgment: The court enters a stay of enforcement of the Judgment on Stipulation entered on January 17, 2019. The court will conduct an evidentiary hearing with respect to plaintiff's cause of acti...

Excerpt: ... Narvaez RULING: Defendants' motion to enforce settlement is DENIED. The court has reviewed Plaintiffs' Amended Reply and the evidence submitted, and finds that defendants have failed to establish a breach of the Settlement Agreement on the part of plaintiffs. It appears that the Settlement Agreement now requires that the remainder of the balance of the trust be released to plaintiffs, without offset or holdover rent. ANALYSIS: This matter was pr...

Excerpt: ...44004f0003[Health Urgent Care RULING: [No Opposition]. Defendant's Unopposed Motion to Compel Third Party Olive View Community Mental Health Urgent Care/Los Angeles County Department of Mental Health's Compliance with Subpoena for Production of Business Documents is GRANTED. . Third Party Olive View Community Mental Health Urgent Care/Los Angeles County Department of Mental Health is ordered to fully comply with the subpoena issued December 19, 2...

Excerpt: ...Barkakjian RULING: Plaintiffs Arman Yegiyants and 10415 Commerce, LLC's Motion for a Preliminary Injunction is GRANTED in part. Motion as to defendant Hratchia Bardakjian and Hagop Bardakjian is GRANTED. Plaintiffs have established a likelihood of prevailing on their claims in this matter, and that the harm to plaintiffs if the injunction is not granted (loss of property to which plaintiffs have legal claim) is greater than the harm to defendants...

Excerpt: ...Responding Party: Defendant Warren Properties, Inc. dba 2021 Olive (Amend) Plaintiff Jessica Kramer (Discovery) RELIEF REQUESTED: File a Second Amended Complaint <0003000300030029005800 00560053005200510056[es to Form Interrogatories <0003000300030029005800 00560053005200510056[es to Special Interrogatories RELEVANT FACTS: Plaintiff Jessica Kramer alleges that in October of 2015 she contracted to rent a residence in Burbank from defendants Warren...

Excerpt: ...Defendant BGM Pasadena (Protective Order) Plaintiff AMSS, LLC (Sanctions) RELIEF REQUESTED: Attorney Fees Monetary Sanctions against AMSS and counsel of record Entry of Protective Order Order vacating court's order denying motion to quash subpoenas SUMMARY OF FACTS: Plaintiff WVBAGD, LLC alleges that it is the successor in interest to Dove Street Capital Lenders, which loaned the Borrower Defendants, BABBB, LLC, A. Barnes, B. Barnes, DLG, D. Gall...

Excerpt: ...f the FAC and its attachments show that plaintiff has failed to comply with Civil Code § 8460 (a), as this action to enforce the lien was not commenced within 90 days after recordation of the claim of lien, but was one day late, rendering the claim of lien expired and unenforceable. Demurrer on all other grounds is OVERRULED. The court will hear argument concerning whether leave to amend will be permitted. Defendant's Motion to Strike Portions o...

Excerpt: ..., Inc. and Mon Plumbing <0055005800460057004c00 520051[ Responding Party: Plaintiff State Farm General Insurance Co. RULING: Defendants' Circa Development, Inc. and Mon Plumbing and Construction, Inc.'s Demurer to Plaintiff's First Amended Complaint is OVERRULED as untimely and on its merits. Ten days to answer. Unopposed Request for Judicial Notice is GRANTED in part. The court takes judicial notice that the subject documents were recorded and t...

Excerpt: ...tablished pursuant to Flately v. Mauro (2006) 39 Cal.4 th 299, that the claims against the moving defendant are not based on protected communications, but on conduct constituting criminal extortion, the illegality of which is conclusively shown by the evidence. Specifically, the evidence submitted shows that the attorney threatened plaintiff Robert Torosian that if a sum of money was not paid, defendants would accuse plaintiff's brother of crimin...

Excerpt: ...ership Group Responding Party: Defendants Levon H. Bardakjian and Sylvia R. Bardakjian, as co-trustees RULING: Notice of Motion for Interim Fees and Costs is GRANTED in part. The total fees sought by the Receiver pursuant to its reduced fees claimed in the sum of $134,775, will be further adjusted by the court to reduce fees incurred by California Receivership Group employees other than Mark Adams before California Receivership Group had been app...

Excerpt: ...[c.), Red Leaf Management, and EDF Capital, LLC Responding Party: Plaintiff Mounir Lebbad Meet and Confer? Yes RELIEF REQUESTED: Sustain demurrer to first and second causes of action of Eighth Amended Complaint Strike Seventh Amended Complaint CAUSES OF ACTION: from Eighth Amended Complaint 1. Rent Abatement 2. IIED SUMMARY OF FACTS: The complaint alleges that plaintiff Robert Faulkner has been a tenant at property in North Hollywood since 1990, ...

Excerpt: ...3000300030003000300 00030003000300030003[ [CCP §877.6] <0003000300030030005200 0057005c001d00030003[ Defendants and Cross-Complainants Real Estate Elite Corporation <0003000300030003000300 00030003000300030003[ and Kuan Sung <0003000300030035004800 00030033004400550057[y: Defendants Fusheng Li and Lei Zhao RULING: Motion for Determination of Good Faith Settlement by Defendants Real Estate Elite Corporation and Kuan Sung is GRANTED. The court det...

Excerpt: ...ton's Motion for Trial Preference is GRANTED. The court finds the following: 1) plaintiff has established that she was born on May 13, 1937, so is currently 81 years old, which is not challenged. 2) plaintiff is the individual trustee of the trust which is the plaintiff in this matter, and has a substantial interest in this action as a whole, which is also not challenged; and 3) plaintiff's health is such that a preference is necessary to prevent...

Excerpt: ...rs II, LLC, also dba ARC and Oasis Growth Partners Development, Inc., also dba ARC, Rhemeta, LLC and Rebecca C. Chiu (No Opposition) RULING: [No Opposition]. Motion to Lift Stay is DENIED. The court is not satisfied that the stay does not or should not apply to the entire operative cross-complaint, the First Amended Cross-Complaint, as requested, because the FACC asserts a cause of action against the debtor cross-defendant and the non-debtor cros...

Excerpt: ...ndants Douglas Apartments, Inc. and Karen Logan RULING: Motion to Set Aside Dismissal is GRANTED pursuant to CCP § 473(b), and based on counsel's representation that is authority to dismiss this action from the clients was limited to the dismissal of defendant Myerson. Dismissal entered on May 31, 2018 is VACATED. Plaintiffs are ordered to efile and serve a First Amended Complaint which reflects plaintiffs' intentions with respect to the naming ...

Excerpt: ...to whether moving defendant Dr. Stepanyan engaged in intentional misrepresentation or concealment, by intentionally representing to plaintiff or concealing from her facts with an intent to defraud. Specifically, plaintiff submits expert evidence from a specialist in oral surgery and dental implant surgery, who reviewed the cone beam CT scan Dr. Stepanyan relies upon here and concedes he reviewed, and states that it it was “clearly and absolutel...

Excerpt: ...s Motion to Determine Good Faith of Settlement is GRANTED. The court determines that the settlement entered by plaintiff Gerta Lind and defendants Beverly Hills Inc. dba Keller Williams Realty-Beverly Hills and Joshua Stimpson was entered into in good faith; Defendants Beverly Hills Inc. dba Keller Williams Realty-Beverly Hills and Joshua Stimpson are discharged from all liability on claims for equitable contribution and/or full or partial indemn...

Excerpt: ...INED WITHOUT LEAVE TO AMEND. The SAC continues to allege facts showing that contrary to plaintiffs' new allegations of concealment of the condition at the Facility by defendants, plaintiff Danielle Castillo Allen had in fact complained of the conditions, was aware that the condition involved insect and flea infestation and was not being appropriately remedied. [Paras. 30, 32]. Moreover, to the extent the pleading is internally inconsistent and is...

Excerpt: ...fty days late. The court in its discretion has considered the moving papers only because plaintiff has not objected on this ground. However, defendants are cautioned that in the future the court may refuse to consider pleadings not filed in conformity with the statutes, rules and procedures governing this litigation. Defendants, Gregory Rollin Prout and N3 Inc. dba Pacific Realty Center's Demurrer of The Plaintiff's First Amended Complaint is OVE...

Excerpt: ...ing the Case on August 29, 2018 is GRANTED, pursuant to CCP § 473(b) based on what appears to be the lack of authority from the client on the part of counsel to permit the client's claims to be dismissed with prejudice in this matter. Moving party is ordered to efile and serve on all parties this date, the First Amended Cross-Complaint in Intervention. Pursuant to CCP § 473(c), moving party is ordered to pay to the court a penalty of $1,000.00 ...

Excerpt: ...y: Plaintiffs Francisco Guzman, Judith Guzman, et al. (No Opposition) RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: [No Opposition] Defendants Stan Matsuyama, Julie Matsuyama and Matsuyama Family Trust 2017's Motion for Summary Judgment and Adjudication: Motion for Summary Judgment, and Motion for Summary Adjudication as to Issue No. 3 (Plaintiffs are not entitled to punitive damages as to defendant...

Excerpt: ...es Markosyan (Discovery) RELIEF REQUESTED: Terminating sanctions against defendant Heavenleaf Inc. Further Responses to Discovery from plaintiff FACTUAL BACKGROUND: Plaintiff Hovannes Markosyan alleges that defendant Narek Papukyan (“Narek”) who had for a number of years pursued a business in which he could invent and sell shisha made from tea leaves, free of tobacco, nicotine, tar, chemicals, dyes and other artificial ingredients, sought the...

Excerpt: ...In addition, on its merits, the motion does not establish that the matter is improperly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc...

Excerpt: ...um, Inc. is CONTINUED to May 10, 2019 at 9:00 a.m. to permit the parties to meet and confer concerning the motion, and to permit defendant and cross-complainant a reasonable time to effect reinstatement. RELIEF REQUESTED: Strike answer and cross-complaint of Westco Petroleum, Inc. SUMMARY OF FACTS: Plaintiff MCW Fuels alleges that it is a master branded reseller of fuel for Conoco Phillips under a Master Branded Reseller Fuel Distribution Agreeme...

Excerpt: ... and recall and quash writ of possession. Order enjoining defendants from enforcing judgment in consolidated UD action FACTUAL AND PRODURAL BACKGROUND: Plaintiff Prapai Benjauthrit brings this action against her brother, defendant Booseing Benjauthrit, alleging that the parties took title to four properties on Marion Drive in Glendale in 1977 as joint tenants, with the subject property to be the principal place of residence of plaintiff. Plaintif...

Excerpt: ...Title to Real Property—Title by Adverse Possession 2) Declaratory Relief 3) Breach of Contract 4) Fraud and Deceit SUMMARY OF FACTS: Plaintiff Esperanza Bagwell alleges that she is the owner of property on Primrose Avenue in Monrovia based on plaintiff's actual, open, notorious, exclusive, hostile and adverse possession of the subject property for five years preceding the commencement of this action, and has paid all taxes assessed against the ...

Excerpt: ...tories (Set One) and Special Interrogatories (Set One) Further responses to Plaintiff's Requests for Admissions (Set One) FACTUAL BACKGROUD: Plaintiff Royal Home Healthcare Agency, Inc. alleges that its former employee, defendant Remil Charmaine Gonzales, used her access to plaintiff's information to illegally steal plaintiff's client and employee lists for the benefit of defendant Noho Home Health Care, Inc., and its owner, defendant Bella Aslan...

Excerpt: ...d: April 27, 2018 Date Responses served: May 24, 2018 Date of Court Order: November 16, 2018 (Further responses and production within ten days. No monetary sanctions ordered. ) Notice of Ruling served: November 16, 2018 Motion Served: January 25, 2019 FACTUAL BACKGROUND: Plaintiff Hovannes Markosyan alleges that defendant Narek Papukyan (“Narek”) who had for a number of years pursued a business in which he could invent and sell shisha made fr...

Excerpt: ...ayed pending disposition of the appeal. RELIEF REQUESTED: Discovery Responses from defendants and cross-defendants Order lifting stay of discovery ordered by this court on January 11, 2019 SUMMARY OF FACTS: Plaintiff Rakesh Kothari alleges that in July of 2014 he entered a written agreement with defendants Govind Vagheshia dba Quality Inn and Suites, Sonal Vaghashia dba Travelodge Burbank, Prashant Vaghashia dba Quality Inn Burbank Airport, Mita ...

Excerpt: ...raud on the ground the cause of action is not alleged with sufficient specificity. See Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73 (plaintiff must allege specifically how, what, where, to whom and by what means a defendant made a misrepresentation). Particularly here, where there are more than one defendant, the pleading must specify which defendant made what representations or engaged in constructive fraud in the required detail. Ten days...

Excerpt: ... ATTACHMENT Required Documents: __X__ Summons and Complaint <0017001b00170011001300 180013000c00030003[(Not on Form) __X__ Application for Writ and all declarations or affidavits in support of motion (CCP §484.020) __X__ Proof of Service GROUNDS FOR MOTION Claim is one on which an attachment may be issued [Attachment may only be issued in an action on a claim for money based upon a contract, express or implied, where the total amount of the clai...

Excerpt: ...08-1, Burbank Police Department IA Case No. 04-16-01-1, and LASC Case No. BC 422252. FACTUAL BACKGROUND: Plaintiff/Petitioner Nick Nichols alleges that he was terminated in June of 2010 from his position as a police officer with defendant the City of Burbank Police Department, based on an investigation of an incident occurring during a take-over robbery by MS 13 gang members of the Portos Bakery in Burbank, with respect to concerns that an unknow...

Excerpt: ...arties in the action, and that the matter arose out of a written Stock Purchase Agreement between the parties which provides that the party employing an attorney to enforce the contract shall be entitled to collect reasonable attorney's fees. The court finds that reasonable attorney's fees are $25,900.00 [$25,900 sought] which are to be awarded to plaintiffs against defendant Deborah Goldman. RELIEF REQUESTED: Order fixing amount of attorneys' fe...

Excerpt: ...ash Deposition Subpoenas for Production of Business Records is DENIED. The deponents are ordered to comply with the subpoenas issued on January 17, 2019. (except as noted below). The court on its own motion orders the Deposition Subpoenas issued on January 17, 2019 QUASHED as to individuals Greg Galletly, Alicia Barclay and Bradley Barnes only. The court finds the opposition concedes the subpoenas were not accompanied by a notice to consumer with...

Excerpt: ...d Nicholas Narvaez RULING: GRANT Defendants' motion to enforce and order the release of the remainder of the balance of the trust to Plaintiffs pursuant to the Settlement Agreement. Order plaintiffs to pay defendants $1,750.00 in attorney's fees and costs pursuant to the Settlement Agreement. Court finds that the plaintiffs did not vacate the premises until March 4, 2019 and the defendants are entitled to daily rent for hold over damages of the d...

Excerpt: ...SANCTIONS Responding Party: Defendant House of Grace, LLC (3) Plaintiff Margaret Harling's MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT HOUSE OF GRACE, LLC TO SPECIAL INTERROGATORIES, SET ONE; REQUEST FOR SANCTIONS Responding Party: Defendant House of Grace, LLC Tentative Ruling (1) Plaintiff Margaret Harling's Motion Compel Further Responses from Defendant House of Grace, LLC to Request for Admissions, Set One is DENIED. The court grants Ho...

Excerpt: ...ty: Defendant Narek Papukyan, in pro per <0003000300030003000300 00030003002700480049>endant Simon Papukyan, in pro per Responding Party: Plaintiff Hovhannes Markosyan, in pro per RELIEF REQUESTED: Further Discovery Responses from each Defendant CHRONOLOGY Date Discovery served: November 16, 2018, mail Date Responses served: December 22, 2018 (Untimely) <0003000300030003000300 00030003000300030003><0031005200030055004800 005700520003> Special Int...

Excerpt: ...aintiff WVBAGD <0003002400300036003600 030003[ Defendants Barnes and Babb (Increase Bond) RELIEF REQUESTED: Sustain demurrer to third cause of action of Second Amended Complaint Sustain demurrer to First Amended Complaint CAUSES OF ACTION: from Second Amended Complaint (body of pleading, not caption) 1) Specific Performance/Appointment of Receiver 2) Specific Performance/Appointment of Receiver 3) Declaratory Relief CAUSES OF ACTION: from First A...

Excerpt: ...hui Chen and Wen Huang Responding Party: Plaintiffs Zhujun Tan and Walter Howard Stuart RULING: Demurrer to Plaintiff's Second Amended Complaint is OVERRULED. Motion to Strike Portions of Plaintiff's Complaint is DENIED. Ten days to answer. Meet and Confer? Yes RELIEF REQUESTED: Sustain demurrer to fourth and fifth causes of action of Second Amended Complaint Strike references to property being “illegal,” punitive damages Attorneys' Fees, Pun...

Excerpt: ...21 Olive RULING: Plaintiff Kramer's Motion for Leave to file Second Amended Complaint is GRANTED. Plaintiff is ordered to submit a signed copy of the proposed pleading by 4 p.m. this date, and the court will review the document to ensure it conforms with the representations in the motion. If the court finds it acceptable, the Second Amended Complaint will be deemed filed and served pursuant to the court's future order. RELIEF REQUESTED: File a Se...

Excerpt: ...oving Party: Defendant Amazon.com LLC Responding Party: Plaintiff Kisha Loomis Causes of Action from (Form) Complaint 1) Product Liability Count One—Strict Liability Count Two—Negligence Count Three—Breach of Warranty 2) Fraud SUMMARY OF COMPLAINT: Plaintiff Kisha Loomis alleges that she was injured by a SMART balance wheel hoverboard designed and manufactured by defendant Forrinz Technology (USA), Inc. and Doe defendants. Plaintiff alleges...

Excerpt: ...Party: Defendant Remile Charmaine Gonzales RELIEF REQUESTED: Further Responses to Request for Production of Documents (Set Two) FACTUAL BACKGROUD: Plaintiff Royal Home Healthcare Agency, Inc. alleges that its former employee, defendant Remil Charmaine Gonzales, used her access to plaintiff's information to illegally steal plaintiff's client and employee lists for the benefit of defendant Noho Home Health Care, Inc., and its owner, defendant Bella...

Excerpt: ...YSIS: Plaintiff filed a Second Amended Complaint in this action on February 4, 2019, after the filing of the demurrers, and without leave of court. It appears from the meet and confer correspondence with counsel for defendant Dr. Edelman, that plaintiff agreed to draft a Second Amended Complaint that addressed the issues raised in the demurrer, but then delayed in filing the pleading until long after the time to demur to the FAC had expired. Unde...

Excerpt: ...70048[fendant NoHo Home Healtcare, Inc. (RFAs and Form) Responding Party: Defendant NoHo Home Healthcare, Inc. (Special/Form Int., RFAs) <0003000300030003000300 0003000300030033004f[aintiff Royal Home Healthcare Agency, Inc. (RFAs and Form) <0003000300030003000300 000300030003[ RELIEF REQUESTED: Plaintiff Further responses to Plaintiff's Form Interrogatories (Set One) and Special Interrogatories (Set One) Further responses to Plaintiff's Requests...

Excerpt: ...ffer and Daniel Hurst Please note: The motions are analyzed together as they are essentially identical and will have the same analysis. RULING: Motions to Set Aside Default and Default Judgment are GRANTED pursuant to CCP § 473(b), based on attorney mistake, surprise and/or excusable neglect. Default entered as to moving defendants Paul Samson and Sublime Recovery Management, LLC on June 27, 2018 and August 30, 2018, respectively, are set aside....

Excerpt: ...for Leave to Obtain Mental Examination of Plaintiff Miriam Garcia is GRANTED. <00510003004a0052005200 00490052005500030046[onducting such an exam, as plaintiff has by this action placed her mental condition in controversy. Defendants are ordered to submit a proposed order to the court which complies with the requirements of CCP section 2032.32(d) (“An order granting a physical or mental examination shall specify the person or persons who may pe...

Excerpt: ...Name of Deponent: Defendant Guankun Li <0003000300030003000300 0003[ Status of Deponent: Defendant (Party) RULING: Motion to Compel the Deposition of Defendant Guankin Li is GRANTED. Defendant Guankin Li is ordered to to appear for deposition and to give testimony on March 22, 2019 at 9:00 a.m. at law offices of counsel for moving party, plaintiff Dongzhou Xue. Motion to the extent it seeks the production of documents is DENIED, as the motion fai...

Excerpt: ...e Alternative, Summary Adjudication) Moving Party: Defendant State Compensation Insurance Fund Responding Party: Plaintiff Sessions Payroll Management, Inc. Relief Requested: Summary judgment in favor of defendant, or, in the alternative, summary adjudication of the fourth and/or sixth causes of action Causes of Action from Second Amended Complaint 1. Conversion 2. Fraud –Intentional Misrepresentation 3. Money Had and Received 4. Unfair Busines...

Excerpt: ...ubject matter jurisdiction. The cross-complaint as currently alleged does not specify which of the numerous facts alleged support each separate cause of action. Cross-complainant Issachar Shabtay is ordered on amendment to allege each fact supporting each separate cause of action, and to specify the nature of the dispute such that the court can make a determination as to whether any cause of action concerns matters which would not be subject to t...

Excerpt: ...4f00 000f0003002c00510046[., Red Leaf Management, and EDF Capital, LLC Responding Party: Plaintiff Mounir Lebbad (No Opposition) RELIEF REQUESTED: Sustain demurrer to Seventh Amended Complaint Strike Seventh Amended Complaint CAUSES OF ACTION: from Seventh Amended Complaint 1) Breach of Contract 2) Rent Abatement 3) IIED 4) Negligence 5) Violation of Civil Code section 1942.4 6) Malicious Prosecution SUMMARY OF FACTS: The complaint alleges that p...

Excerpt: ...BABBB, LLC (Demurrer) Plaintiff WVBAGD, LLC (Motion to Strike, Motion to Increase Bond) Defendant AMSS, LLC (JOP) Responding Party: Plaintiff WVBAGD, LLC (Demurrer, JOP) Defendants AMSS, LLC and DLG Family Limited Partnership (Motion to Strike) Defendants Barnes and Babb (Increase Bond) RELIEF REQUESTED: Sustain demurrer to Second Amended Complaint Strike Answer filed by Defendant AMSS and DLG Family Judgment on the Pleadings/Second Amended Compl...

Excerpt: ...o Opposition) RELIEF REQUESTED: Order deeming Requests for Admissions admitted CHRONOLOGY Date Discovery served: November 8, 2018 Date Responses served: NO RESPONSES SERVED <002d004400510058004400 00130014001c00030037[imely OPPOSITION: No opposition ANALYSIS: Under CCP § 2033.280, a party who fails to serve a timely response to requests for admissions “waives any objection to the requests.” In addition, the requesting party may move for an o...

Excerpt: ...ak A. Kouladjian, Vartan A. Kouladjian, Harmon E. Schwartz and Sebouh A. Kouladjian Responding Party: Plaintiff Orange Grove Collision Center, Inc. Name of Deponent: PMQ Sean Oliver PMQ James Marquart Status of Deponent: Plaintiff PMQ (party) DEPO ATTENDANCE REQUIRED BY: Formal Notice, Continuance (Exs. 1, 2) MOTION WITHIN 60 DAYS: Ok RELIEF REQUESTED BY MOVING PARTY: Order compelling deponent to answer a deposition question within first subject ...

Excerpt: ...s TRR Restaurant Equipment, Inc., Hector Perez and Robert Mejia Responding Party: Plaintiff AAA Restaurant Equipment, Inc. Meet and Confer? Ok RULING: Demurrer to Plaintiff AAA Restaurant Equipment, Inc.'s First Amended Complaint is OVERRULED. Motion to Strike Plaintiff AAA Restaurant Equipment, Inc.'s First Amended Complaint is DENIED. Ten days to answer. RELIEF REQUESTED: Sustain demurrer to fourth and sixth causes of action of First Amended Co...

Excerpt: ...ntry of Judgment is GRANTED in part and DENIED in part. Demurrer to the Amendment to Complaint is SUSTAINED with one final opportunity for plaintiff to file a First Amended Complaint as a stand-alone pleading, which names the appropriate parties and fully complies with this court's August 17, 2018 order. Five days leave to amend. Motion to Strike and Motion for Entry of Judgment are DENIED. RELIEF REQUESTED: Entry of judgment dismissing action in...

Excerpt: ...onding Party: Defendant Darryl Steele (No Opposition) RELIEF REQUESTED: Determination that the settlement described below has been entered into in good faith PROPOSED ORDER LODGED? Yes FACTS Plaintiff Sylvia Castaneda alleges that she is a disabled single mother with a minor child, and initially rented a residential house in North Hollywood from defendant Darryl Steele, which property was purchased from Steele by defendants Gemilyan Marketing, LL...

Excerpt: ...ontract 2) Breach of Implied Contract 3) Intentional Interference with Contract 4) Intentional Interference with Prospective Economic Advantage 5) Negligent Interference with Prospective Economic Advantage 6) Violation of Business & Professions Code section 17200 7) Unjust Enrichment SUMMARY OF COMPLAINT: Plaintiff John Dipietro alleges that commencing in 1989, plaintiff had an on-going business relationship with defendant Community Bank whereby ...

Excerpt: ...dants' answer and for payment of all expenses incurred for failure to arbitrate. FACTUAL BACKGROUND: Plaintiffs Teddy Cannon and Christopher Pownall allege that they were hired as a video editor and producer in connection with television series' being produced by defendant Bellum Entertainment, LLC. Defendant Mary Carole McConnell is alleged to be the chief executive officer of Bellum, and defendant Karen Garber is alleged to have been the chief ...

Excerpt: ...ng Party: Plaintiffs Christina Cauble and Christopher Cauble RELIEF REQUESTED: Order compelling nonparty Joyce Lauterback, MFT to comply with deposition subpoena for production of business records FACTUAL BACKGROUND: Plaintiffs Christina Cauble and Christopher Cauble allege that they are the mother and father of decedent Johnathan Cauble. Plaintiffs allege that in 2016 decedent Johnathan consulted and engaged for compensation the services of defe...

Excerpt: ...Home Healthcare Agency, Inc. RELIEF REQUESTED: Further Responses to Demand for Documents and Things, Set No. Six FACTUAL BACKGROUD: Plaintiff Royal Home Healthcare Agency, Inc. alleges that its former employee, defendant Remil Charmaine Gonzales, used her access to plaintiff's information to illegally steal plaintiff's client and employee lists for the benefit of defendant Noho Home Health Care, Inc., and its owner, defendant Bella Aslanova. It i...

Excerpt: ...g Party: Plaintiff Fundation Group LLC Responding Party: Defendant Mike Ayva (No Opposition) RELIEF REQUESTED: Order deeming Requests for Admissions admitted CHRONOLOGY Date Discovery served: November 29, 2019 Date Responses served: NO RESPONSES SERVED <002d004400510058004400 00130014001c00030003[ Timely OPPOSITION: No opposition ANALYSIS: Under CCP § 2033.280, a party who fails to serve a timely response to requests for admissions “waives any...

Excerpt: ...g defendant Barrett Daffin Frappier Treder & Weiss, LLP, its agents, assigns, all those acting in concert, from selling or facilitating the sale of the subject property for the remainder of this litigation SUMMARY OF FACTS: Plaintiff Anthony Siracusa alleges that he owns real property in San Gabriel, that the owner of the loan is Freddie Mae, the servicer of the loan is Wells Fargo, and the subject property is set for foreclosure sale/auction on ...

Excerpt: ...Supplemental Brief Regarding Petitioner's Costs, Reasonable Attorney's Fees, and Penalties. The court awards to Petitioner Trang Nguyen $721.31 [$721.31 requested] in costs, $10,039.50 [$10,039.50 requested] in reasonable attorneys' fees pursuant to Civil Code section 8488, and $5,000.00 [$5,000 requested] in penalties, pursuant to CCP sections 765.010 and 765.040, the court finding that respondent filed a lien, knowing it was false, with intent ...

Excerpt: ... show that there has been any waiver of the right to compel arbitration, and no showing that the agreement has been revoked or that grounds exist for revocation of the agreement. The parties are ordered to arbitrate their disputes in accordance with their agreements. Request for costs is GRANTED IN PART. The court finds awardable costs in connection with this petition include a fee paid to this court to file the petition of $435 and a motion fili...