Excerpt: ...nant of Good Faith and Fair Dealing SUMMARY OF FACTS: Plaintiff Michelle Moore, LLC dba Bober Tea alleges that plaintiff operates a business called “Bober Tea,” a restaurant that primarily serves boba milk tea. Plaintiff alleges that in October of 2019, plaintiff entered into a contract with defendant Wikicart, LLC with Wikicart working in conjunction with defendant Aigens, Inc., pursuant to which defendants would develop and integrate softwa...

Excerpt: ... 1) Misappropriation of Trade Secrets 2) Conversion 3) Breach of Fiduciary Duty and or the Duty of Loyalty 4) Intentional Interference with Prospective Economic Advantage 5) Violation of Business & Professions Code section 17200 6) Invasion of Privacy SUMMARY OF FACTS: Plaintiff J & J Freight Solutions, LLC alleges that it is a successful trucking business, and that plaintiff Golden J Group, Inc. is a sister business of J & J, providing backup se...

Excerpt: ...ain demurrer to Complaint CAUSES OF ACTION: from Complaint 1) Violations of the Unruh Civil Rights Act, California Civil Code section 51 et seq. SUMMARY OF FACTS: 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 offered by defendant Insert Name Here, LLC, www.inhhair .com, and that during...

Excerpt: ...asadena Hasting Center alleges that it owns property in Pasadena improved with a commercial retail center and accompanying parking lots and landscaping, which is adjacent to property owned by defendant Sapphos Environmental, Inc. of which defendant Marie Campbell is the Chief Executive Officer. Plaintiff alleges that in November 2016 defendants contacted the City of Pasadena requesting that the City inspect Podocarpus trees located on plaintiff's...

Excerpt: ...lation of Civil Code sections 1102, et seq. 2) Fraudulent Concealment 3) Breach of Fiduciary Duty 4) Fraud 5) Breach of Duty to Disclose 6) Breach of Duty to be Honest and Truthful 7) Negligence 8) Negligent Misrepresentation 9) Constructive Fraud 10) Breach of Contract 11) Civil Conspiracy SUMMARY OF FACTS: Plaintiff Anna Imogen Arrowsmith alleges that in 2017 defendants buyer broker Sotheby's International Realty, Inc., buyer agent Peter Anthon...

Excerpt: ...5, plaintiff was traveling on Interstate 5 southbound approximately 100 feet north of Alameda Avenue in the City of Burbank, where a low hanging live and uncovered electrical wire was stretched across the freeway, hanging at such a height that it posed an unreasonable and foreseeable risk of contact by tall vehicles passing below. Plaintiff alleges that as he was approaching the site of the overhanging electrical wire, a tall truck ahead of plain...

Excerpt: ...alifornia has an immediate duty to defend cross-complainant Thyssenkrupp Elevator Corporation in this action. Causes of Action from Cross-Complaint 1) Indemnity 2) Indemnity, percentage of responsibility 3) Declaration of rights, duties, and obligations regarding refusal of cross-defendants to defend, indemnify and hold cross-complainant harmless 4) Breach of agreement to defend, indemnify and hold harmless 5) Breach of agreement to name cross-co...

Excerpt: ...h causes of action of First Amended Complaint Sustain demurrer to second cause of action of First Amended Complaint Strike punitive damages CAUSES OF ACTION: from First Amended Complaint 1) Misappropriation of Trade Secrets 2) Conversion 3) Breach of Fiduciary Duty and or the Duty of Loyalty 4) Intentional Interference with Prospective Economic Advantage 5) Violation of Business & Professions Code section 17200 6) Invasion of Privacy SUMMARY OF F...

Excerpt: ....2): Not mentioned No waiver of right to compel arbitration (CCP §§1281.2(a); 1281.5): Not mentioned No grounds for rescission of agreement to arbitrate (CCP §1281.2(b)): Not mentioned Parties to the agreement are not parties to an action with a third party arising out of the same transaction, occurrence, or event with the possibility of conflicting rulings on a common issue of law or fact (CCP §1281.2(c))* [but does not apply to arbitration ...

Excerpt: ...(“DTL”), and its members, plaintiffs Walter Davis and Cameron Davis, as members and successor trustees of the Bruce A. Davis Revocable Trust and personal representatives of the Estate of Bruce A. Davis, bring this action against defendant Christine Davis, the sister of plaintiff Walter Davis, and the mother of Cameron Davis, alleging that in August of 2008, plaintiff DTL was formed, with Walter Davis and Bruce Davis the signatories on the DTL...

Excerpt: ...e production of documents ordered to be produced by the court at deposition Leave to file Second Amended Complaint FACTUAL 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 plaintiff. Plaintiff alleges that d...

Excerpt: ... proceedings 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 property for the same five years. Plaintiff alleges that plaintiff and defendants JP Morgan Chase Bank (�...

Excerpt: ...ms of the settlement agreement reached between the parties SUMMARY OF FACTS: Plaintiffs allege that decedent John A. McGinnis was an elder as that term is defined in Welfare & Institutions Code section 15610.27, and that on February 20, 2018, decedent was admitted to defendant USC Verdugo Hills Hospital (“USC”) for a possible infection. At the time, decedent was on steroid medications, which are known to elevate blood sugar levels. The compla...

Excerpt: ... as well as his associate attorneys plaintiffs Paul Eric Gold and Hasti Rahsepar , and his office manager, plaintiff Azam Riesen allege that plaintiff Block is regarded as one of the pre-eminent attorneys handling landlord- tenant matters, and that defendant BASTA, Inc. and Daniel Bramzon previously defended defendant Brett Schulte in an unrelated eviction action brought by Schulte's landlord, who was represented by Block. Plaintiffs allege that ...

Excerpt: ...h of Implied Covenant of Good Faith and Fair Dealing 3) Unjust Enrichment 4) Fraud SUMMARY OF FACTS: Plaintiffs Wanyu Luo and Denong Tea, Inc. allege that they entered into a contract with defendants CDH Design Groups, Inc. and Eric Lin for professional architectural services for defendants to design a retail tea store, with tea and food to be served on-site, which contract for services and project schedule were amended by various additional serv...

Excerpt: ...PMK Jeffrey Thompson Bolivar Navarro Michelle Paz Status of Deponent: Plaintiffs or plaintiff affiliate (party) DEPO ATTENDANCE REQUIRED BY: Formal Notice [Notice, Amended Notices, Exhibits 1-5]. RELIEF REQUESTED BY MOVING PARTY: Order compelling the deposition of the Person Most Knowledgeable of defendant and cross-complainant Dot Dot Smile, LLC, the deposition of defendant and cross-complainant Jeffrey Thompson, and the depositions of Dot Dot S...

Excerpt: ...ief Requested: Summary judgment in favor of defendants and against plaintiff Aris Construction, Inc. in relation to the Second Amended Complaint In the alternative, summary adjudication of each cause of action Causes of Action from Second Amended Complaint 1) Common Count: Goods and Services Rendered 2) Open Book Account 3) Quantum Meruit 4) Unjust Enrichment 5) Promissory Estoppel 6) Fraud 7) Recovery on Stop Payment Notice 8) Recovery on Contra...

Excerpt: ...ct of Amendment Adds causes of action for permanent injunction and damages and declaratory relief re CC&Rs which add allegations based on CC&Rs applicable to the properties RELEVANT FACTS: Plaintiffs Birgit Haas and Scott Haas allege that they are the owners of real property located in Sierra Madre, and that defendants Terri Murphy and Michael Murphy are the owners of real property adjacent to plaintiffs' property (the “Murphy property”), whi...

Excerpt: ...onstruction SUMMARY OF FACTS: Plaintiff Frank Marin alleges that in October of 2019, defendants Fernando Gudino and Gudino's Construction (collectively “Gudino”) presented a proposal to plaintiff for the renovation of plaintiff's residence in Pasadena. Plaintiff alleges that in reliance on defendants' false representation that defendant was a duly licensed contractor, plaintiff agreed to the proposal and entered into an agreement and an addit...

Excerpt: ...d emotional distress damages. SUMMARY OF FACTS: Plaintiff Marcel Miller brings this action against his former residential landlord, defendant 1042 Western Apartment, LLC, alleging that during his tenancy in the subject apartment unit, defendant failed to provide habitable living conditions. It is also alleged that defendant harassed and made verbal threats to plaintiff in retaliation for plaintiff complaining about the condition of the subject un...

Excerpt: ...TED: Order awarding plaintiff $26,317.50 as recovery of attorney's fees incurred in successfully prosecuting this action against defendant and preparing this motion for fees. SUMMARY OF FACTS: Plaintiff Financial Services Vehicle Trust, by and through its servicer, BMW Financial Services NA, LLC, alleges that defendant Christine Charlier aka Christine Ramos aka Christine Raipp entered into a written motor vehicle lease agreement with Rusnak Pasad...

Excerpt: ... from Second Amended Complaint 1) Wrongful Injury and Cutting of Timber/Trees 2) Trespass 3) Conversion 4) Negligence 5) Unjust Enrichment 6) Fraud 7) Private Nuisance 8) Cancellation of Written Instruments (CC section 3412) 9) Cancellation of Written Instruments (CC section 5975) SUMMARY OF FACTS: Plaintiff Alen Petroysyan alleges that he is the owner of property located at 652 Robin Glen in Glendale and that defendants Eddy Allahverdian and Mar...

Excerpt: ...d in escrow. SUMMARY OF FACTS: Plaintiff Van Boi Yang alleges that Yang is on title as tenant in common to real property in Rosemead, and that defendant Ivy Yang Ho, as trustee of the Alex and Ivy Ho Family Trust, is also on title as tenant in common to the same real property. Plaintiff alleges that the real property is divided into two residences delineated as 7941 E. Hellman Avenue and 7939 E. Hellman Avenue, with plaintiff Yang living in the 7...

Excerpt: ...r compelling the deposition of plaintiff Joel Andrews DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes CHRONOLOGY Date NOTICE OF DEPOSITION served: June 4, 2021 Date of Deposition (10-day lapse): June 11, 2021 No Date Motion Served: August 12, 2021 MONETARY SANCTION REQUESTED BY MP: No sanctions sought FACTUAL BACKGROUND: Plaintiffs Joel Andrews and Thelma Andrews allege that in 2001 they initiated a cas...

Excerpt: ...ns (Set One) FACTUAL BACKGROUND Plaintiff Robert Bailey alleges that in January of 2017, plaintiff deposited with defendant Santa Monica Check Cashing Etc., LLC (“SMCC”) and defendant Richard Cothrun the sum of $356,000 for the purpose of having defendants act as a surety and bailor of the funds. Plaintiff alleges that defendants, through their agent and officer, Chris Trigg, orally promised to repay the sum on demand of plaintiff. Defendants...

Excerpt: ...efendant/Cross-Complainant CTU Connection, Inc. (Special Interrogatories) Defendant/Cross-Complainant Jianhua Li (Special Interrogatories) Nonparty Charter Communications (Subpoena) RELIEF REQUESTED: Further Responses to Special Interrogatories, Set One from defendant CTU Connection, Inc. Further Responses to Special Interrogatories, Set One from defendant Jianhua Li Order compelling Charter Communications, Inc., a non-party witness, to produce d...

Excerpt: ...uction of Documents, Set One Order Deeming Requests for Admissions Admitted CHRONOLOGY Date Discovery served: May 27, 2021 Date Responses served: NO RESPONSES SERVED Date Motion served: July 8, 2021 Timely OPPOSITION: No opposition. ANALYSIS: Interrogatories and Documents Under CCP § 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 pro...

Excerpt: ... in her complaint. King Street Productions Motion Summary adjudication as to plaintiff's allegations of punitive damages in her complaint Causes of Action from Complaint 1) Negligence 2) Negligence Per Se SUMMARY OF COMPLAINT: Plaintiff Amira Strugano alleges that on December 17, 2017, plaintiff was lawfully traveling on Laurel Canyon Boulevard in plaintiff's motor vehicle when the vehicle was involved in a collision caused by a vehicle operated ...

Excerpt: ...ges CAUSES OF ACTION: from Complaint 1) Breach of Contract 2) Promissory Fraud 3) Fraudulent Concealment 4) Intentional Misrepresentation 5) Negligent Misrepresentation 6) Negligence SUMMARY OF FACTS: Plaintiff JKM Real Estate Holdings, LLC (“JKM”) alleges that it hired defendant Taltech Construction, Inc. (“Taltech”) in May 2015 to act as the contractor on plaintiff's project—the construction of a state-of-the- art fitness center in Pa...

Excerpt: ...Attachment) RELIEF REQUESTED: Sustain demurrer to Second Amended Complaint CAUSES OF ACTION: from Second Amended Complaint 1) Breach of Contract 2) Waste 3) Negligence 4) Common Count 5) Breach of Oral Agreement 6) Promissory Estoppel 7) Conversion SUMMARY OF FACTS: Plaintiff Lidd Enterprises Inc. alleges that it entered into a written Lease Agreement with defendant ABS Auto Auctions Inc., pursuant to which defendant Auto Buyline Systems Inc. was...

Excerpt: ...asse (Suppress) RELIEF REQUESTED: Judgment on the Pleadings in favor of defendants on the third cause of action of the First Amended Complaint Order suppressing the “fruits” of the court ordered suppressed May 8, 2008 Internal Affairs investigation of plaintiff CAUSES OF ACTION FROM THE First Amended Complaint 1) Petition for Writ of Mandate Pursuant to CCP section 1094.5 2) Relief for Violation of POBRA, Government Code section 3309.5 3) Vio...

Excerpt: ...) Trespass to Chattels 7) Accounting 8) IIED 9) Injunctive and Declaratory Relief SUMMARY OF FACTS: Plaintiff William Rice alleges that he is the son of decedents Stuart Nisbet and Nancy Nisbet, and the sibling of defendant Scott Nisbet, and their late sister Linda Lee Osborne. Plaintiff alleges that while still alive, decedents Stuart Nisbet and Nancy Nisbet executed a trust agreement, the Nisbet Family Trust, in which they left all their person...

Excerpt: ...and Logistix, Inc. In the alternative, summary adjudication of each cause of action Causes of Action from First Amended Complaint 1) Violation of California Government Code section 12940 et seq. 2) Violation of Labor Code section 1102.5 et seq. 3) Defamation Per Se SUMMARY OF COMPLAINT: Plaintiff Allen Jay Hollis alleges that he was employed by defendant Alpha Security and Logistix, Inc. beginning in January of 2019, when plaintiff was hired as p...

Excerpt: ...covery obligations and produce documents pursuant to CCP section 2031.320 (a) and (b). FACTUAL BACKGROUND: Plaintiff Rika Corporation dba Diversified Metalworks alleges that in August of 2017 it entered into a written subcontract agreement with defendant Jokake Construction Services, Inc. whereby plaintiff agreed to perform certain steel erection work on a construction project known as the Las Encinas Project, located in Pasadena, for the origina...

Excerpt: ...aintiffs Walter Davis and Cameron Davis, as members and successor trustees of the Bruce A. Davis Revocable Trust and personal representatives of the Estate of Bruce A. Davis, bring this action against defendant Christine Davis, the sister of plaintiff Walter Davis, and the mother of Cameron Davis, alleging that in August of 2008, plaintiff DTL was formed, with Walter Davis and Bruce Davis the signatories on the DTL business bank accounts, and als...

Excerpt: ...CTUAL BACKGROUND: The complaint alleges that plaintiff J & J Freight Solutions, LLC is a successful trucking business, and that Golden J Group, Inc. is a sister business of J & J, providing backup services for J & J that comprised of assisting in port entry, trucking, repairing, warehousing, and repackaging services, as well as handling foreign customers and their orders. Plaintiffs allege that they were related companies and managed by the same ...

Excerpt: ...erty owners that suffered harm from the Liberty Fire, which burned in Murrieta, California in December 2017. Plaintiffs allege that their home was destroyed in the blaze. The complaint alleges that defendant Southern California Edison (“SCE”) is an electrical corporation and public utility which is in the business of providing electricity to the residents and businesses in California, and to plaintiffs' property through a network of electrica...

Excerpt: ...CONFIRM ARBITRATION AWARD Written arbitration agreement attached or included verbatim (§1285.4(a)): Attach 4(b), paras. 27, 28 Arbitrator(s) name(s) (§1285.4(b)): Bruce Kahn (American Arbitration Association) Arbitration award and written opinion set forth (§1285.4(c)): Yes, Attach 8 (c) Petition served and filed not earlier than 10 days after service of the award (§1288.4) and no more than 4 years (§1288) after signed copy of award is serve...

Excerpt: ...ntist Sustain demurrer to first, fourth and fifth causes of action of Second Amended Complaint Strike allegations of recklessness Physician Surgery Center Sustain demurrer to Second Amended Complaint Strike allegations subject to the litigation privilege CAUSES OF ACTION: from Second Amended Complaint 1) Violation of 42 USC section 1395dd— Failure to Provide Medical Screening Examination v. Glendale Adventist 2) Violation of 42 USC section 1395...

Excerpt: ...am Construction, Inc. In the alternative, summary adjudication of each cause of action Causes of Action from First Amended Complaint 1) Elder Abuse 2) Breach of Contract 3) Breach of Contract 4) Unfair Business Practices SUMMARY OF COMPLAINT: Plaintiff Diahanna Allen alleges that she is 87 years old, and disabled, and the sole owner of two residential properties in the City of Glendale, which are approximately one block from each other at 1538 Hi...

Excerpt: ...gerous Condition of Public Property v. City of Burbank, Burbank DWP 2) General Negligence v. All Defendants 3) Premises Liability v. All Defendants 4) Motor Vehicle v. Does SUMMARY OF COMPLAINT: Plaintiff Mark Ellensohn alleges that on June 9, 2015, plaintiff was traveling on Interstate 5 southbound approximately 100 feet north of Alameda Avenue in the City of Burbank, where a low hanging live and uncovered electrical wire was stretched across th...

Excerpt: ...damages in this matter. SUMMARY OF FACTS: Plaintiff Kevin Tashman alleges that on June 24, 2017, plaintiff was injured due to the negligence of defendants 200 N. Fair Oaks, LLC, Anabi Oil Corporation and Pasadena Shell, Inc., when, in the process of delivering fuel to underground fuel tanks located on defendants' property, plaintiff fell through a “man hole” or “step plate” or other type of vault cover which created a defective condition....

Excerpt: ...efusal to arbitrate (CCP §1281.2): Decl., para. 7, Exhibit C No waiver of right to compel arbitration (CCP §1281.2(a); 1281.5): Not engaged in discovery No grounds for rescission of agreement to arbitrate (CCP §1281.2(b)): None mentioned Parties to the agreement are not parties to an action with a third party arising out of the same transaction, occurrence, or event with the possibility of conflicting rulings on a common issue of law or fact (...

Excerpt: ...ing aside or vacating the Request for Default Judgment, and dismissing Doe Amendment 2 Order setting aside and/or vacating the Request for Default Judgment Order dismissing Doe Amendment 2 SUMMARY OF FACTS: Plaintiff Maroot Sahakian alleges that he was a paying tenant of defendant Sarkis Khachmanian at premises in Glendale, and that plaintiff was attacked and beaten by other tenants at the property, defendants Minasova, Artur, and a trespasser il...

Excerpt: ...filing a Petition to Confirm Contractual Arbitration Award. The dispute which was arbitrated between the parties involved payments allegedly due under a repayment schedule in connection with a loan agreement between petitioner Swift Financial, LLC as Servicing Agent for WebBank and respondents Ashot Mamikonyan dba Silverlane and Ashot Mamikonyan, individually, as a guarantor of the subject loan agreement. The arbitration was conducted, without th...

Excerpt: ...wo Order Deeming Requests for Admissions (Set One) Admitted CHRONOLOGY Date Discovery served: March 19, 2021 Date Responses served: NO RESPONSES SERVED Date Motion served: May 7, 2021 Timely ANALYSIS: Interrogatories and Documents The opposition indicates that since the filing of the motions, on May 21, 2021, plaintiff served responses to the subject discovery, without objections, and on June 30, 2021 served amended verifications. The reply conce...

Excerpt: ...attery 2) Conspiracy to Commit Assault and Battery 3) Negligence 4) Loss of Consortium 5) Abuse of Process 6) Extortion and Blackmail 7) Conspiracy to Commit Extortion and Blackmail 8) IIED SUMMARY OF FACTS: Plaintiffs Akop Torosian and Robert Torosian allege that in April of 2014, plaintiff Akop Torosian retained the services of defendant Arutyun Fitilchyan, a locksmith, to provide locksmith services at plaintiff's residence in Glendale. When de...

Excerpt: ...on of documents identified in “Privilege Log” FACTUAL BACKGROUND: Plaintiff Zaida R. alleges that defendant Los Angeles Community College District (“LACCD”) manages and operates defendant East Los Angeles Community College (“ELAC”), a public community college with campuses located in Monterey Park and South Gate. Plaintiff alleges that in the fall semester of 2017, while plaintiff was at the South Gate campus doing math homework, defe...

Excerpt: ...: Plaintiffs Charles Valenzuela, individually and as Successor Trustee of the Juanita Valenzuela 1989 Trust Relief Requested: Summary judgment in favor of defendants Kathleen Thompson, an individual, Kathleen Thompson as Trustee of the Kathleen M. Thompson 1999 Trust, and Christopher J. Thompson In the alternative, summary adjudication of each cause of action Causes of Action from Complaint 1) Breach of Fiduciary Duty 2) Fraud and Deceit 3) Cance...

Excerpt: ...RELIEF REQUESTED: Sustain demurrer to fourth, sixth, seventh and eighth causes of action of Complaint (Both) Strike Attorneys' Fees, Punitive Damages (Redrock) Strike Punitive Damages, Prejudgment interest (Noho Commons) CAUSES OF ACTION: from Complaint 1) Premises Liability 2) Negligence 3) Private Nuisance 4) Concealment 5) Breach of Implied Warranty of Habitability 6) Fraudulent Misrepresentation 7) IIED 8) Theft by False Pretense 9) Breach of...