Excerpt: ...confer filed 2/16/21 Meet and Confer? Yes RELIEF REQUESTED: Sustain demurrer to second through eighth causes of action of First Amended Complaint Strike Punitive Damages CAUSES OF ACTION: from First Amended Complaint 1) Medical Negligence 2) Battery 3) Assault 4) False Imprisonment 5) Negligence 6) Premises Liability 7) Negligent Supervision, Hiring, or Retention 8) IIED SUMMARY OF FACTS: Plaintiff Cindy Ortiz-Guerra alleges that in August of 201...

Excerpt: ...nts, LLC entered into a lease agreement for property in San Gabriel which was to be used by the tenant to operate a law office. Plaintiff alleges that the lease requires plaintiff to pay its proportionate share of real estate taxes, insurance, and common area maintenance (“CAM”) charges, which plaintiff has paid, but that on many occasions, defendants would not serve the CAM statements on plaintiff, despite plaintiff's demand, and that plaint...

Excerpt: ...ales alleging that he is the landlord of premises in Glendale, and that defendant Ideal Kitchen Supply, Inc. entered into a written agreement with plaintiff to rent the premises for a fixed term, was served with a 3- day notice to pay rent or quit and failed to comply with the requirements of the notice by the required date. On May 28, 2019, the matter was called for a jury trial, final status conference and motion for summary judgment/adjudicati...

Excerpt: ...interest development governed by the Arlington Green (the “Association”). Plaintiff alleges that her unit has a balcony deck with tile flooring and a roof covering it, and that a dispute has arisen between plaintiff and the Association concerning alleged water intrusion into the unit beneath plaintiff's unit, 287 Arlington. Plaintiff alleges that the Association has contracted with a contractor, Quality Control Services (“QCS”), to conduc...

Excerpt: ...atory Relief 2) Breach of Contract 3) Equitable Indemnity 4) Implied Contractual Indemnity 5) Waste 6) Promissory Estoppel 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 to lease certain commercial property. The complaint alleges that defendant failed to pay the rent for the time period of Marc...

Excerpt: ...fth causes of action of First Amended Complaint Strike Attorneys' Fees, Punitive Damages, Immaterial Allegations CAUSES OF ACTION: from First Amended Complaint 1) Medical Malpractice—Wrongful Death 2) Medical Malpractice—Wrongful Death (Survival Action) 3) Medical Malpractice—Wrongful Death 4) Medical Malpractice—Wrongful Death (Survival Action) 5) General Negligence 6) General Negligence (Survival Action) 7) Dependent Adult Abuse—Negle...

Excerpt: ...order before filing lawsuit CAUSES OF ACTION: from Complaint 1) Assault and Battery 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...

Excerpt: ...uty SUMMARY OF FACTS: The complaint is brought by Ernesto Perez, as personal representative of the Estate of Eva Salas, and alleges that Perez was appointed by the Superior Court, County of Los Angeles, as personal representative in Case No. 19 STPB00629. The complaint alleges that a petition of Perez for Letters of Administration with limited authority was granted by the court in the probate action on May 28, 2019, and the court increased the am...

Excerpt: ...favor of plaintiff on breach of contract and promissory estoppel claims In the alternative, summary adjudication of first cause of action and/or second cause of action Defendant/Cross-Complainant's Motion Summary judgment, or in the alternative, summary adjudication on cross-complainant's cross-claims against plaintiff/cross-defendant Causes of Action from First Amended Complaint 1) Breach of Contract 2) Promissory Estoppel Causes of Action from ...

Excerpt: ...to Request for Admissions, Set One CHRONOLOGY Date Discovery served: February 24, 2021/ March 31 Date Responses served: March 29, 2021/April 26 Date Motion served: June 9, 2021 timely Meet and Confer? Ok, Para. 6-10, Exs. 4-7 FACTUAL BACKGROUND: Plaintiff Anthony Reyes alleges that in April 2019 while he was a tenth grade student at defendant Village Christian School, another student at the school, defendant Dietrich Amrhein (“Manolo”), inser...

Excerpt: ...z alleges that in December of 2018, plaintiff underwent a procedure to excise a melanoma on his scalp at defendant Huntington Ambulatory Surgery Center. Plaintiff alleges that the excision was performed by defendant Isaac Benjamin Paz, M.D., and that while preparing the area for the excision procedure, the operating room nurse, defendant Valentina Zackarian, R.N., poured Betadine into plaintiff's ear. The complaint alleges that rather than seekin...

Excerpt: ...t Effect of Amendment Adds additional claims for successor liability, alter ego liability, fraudulent conveyance, and a claim for conspiracy. Adds three new parties. RELEVANT FACTS: Plaintiff American Tower Asset Sub, LLC alleges that it owns and operates a broadcasting and wireless communications tower in La Canada Flintridge (the “Antenna Site”), and in December of 2009 leased a portion of the Antenna Site to defendant Sunbelt Television, I...

Excerpt: ... ACTION: from Cross-Complaint 1) Fraud and Deceit (Intentional Misrepresentation) 2) Fraud and Deceit (Promise Made Without Intent to Perform) 3) Negligent Misrepresentation 4) Breach of Fiduciary Duty 5) Breach of Written Contract 6) Violation of Business and Professions Code Sec. 17200 et seq. SUMMARY OF FACTS: Plaintiff King Cobra Construction, Inc. alleges that it is a licensed general contractor, and that in June of 2017 it entered into a wr...

Excerpt: ... Amended Complaint 1) Sexual Battery v. Flores 2) IIED v. Flores 3) Assault v. Flores 4) Public Entity Liability v. ELAC, LACCD 5) Title IX Violations v. ELAC, LACCD 6) 42 USC section 1983; Civil Rights Violations v. ELAC, LACCD SUMMARY OF FACTS: 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 w...

Excerpt: ...eath and Survival Action Damages: 1) Negligence SUMMARY OF COMPLAINT: Plaintiffs Jorge Santos, individually and as successor in interest to the Estate of Andrea Ashley Santos, Bernadette Barbosa, individually and as successor in interest to the Estate of Andrea Ashley Santos, and Adrian Santos, through his guardian ad litem, bring this action alleging that in August of 2018, plaintiffs' decedent, Andrea Ashley Santos, suffered traumatic and fatal...

Excerpt: ... it. Vacate (Cancel) Arbitration Award. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Jonathan D. Kraut alleges that in March of 2007 he entered into a written partnership agreement with defendant Levi Quintana, which created plaintiff Secure Net Protection to operate a private patrol, private security and asset protection business. In October of 2016, plaintiff Kraut, defendant Quintana and Aldric Horton, Sr. entered into a written agreement amen...

Excerpt: ...hony EnterTraining, Inc. (“VSE”), which was a TV, film, and audio vocational college in Burbank. VS on various dates in 2012-2015 obtained all legal rights to certain accounts receivable owned by VSE, include those of Defendants Meyghan Hill (“Hill”) and James Scott's (“Scott”). VS alleges Defendants entered into promissory notes and contracts with VSE. Hill was a student of VSE and on June 11, 2009, entered into a written agreement, ...

Excerpt: ...) Fraud 5) Negligent Infliction of Great Emotional and Mental Distress 6) Reckless Endangerment SUMMARY OF FACTS: Plaintiff Frank J. Bennett alleges that in May of 2020, Dawn Elberta Wells, acting through her agent, Leonard Clyde Carter III, filed an Order of Protection, Case No. 20 PDR000577 against plaintiff. The complaint alleges that defendant, the Estate of Dawn Elberta Wells, in the Order of Protection used false statements and slanderous a...

Excerpt: ...int filed by cross-defendant Daniel C. Chiu FACTUAL BACKGROUND: Plaintiff Shanghai Overseas Affairs Service Center Co., Ltd. alleges that it entered into two written commission agreements with defendants Oasis Growth Partners, LLC, also dba Alliance Regional Center (“ARC”), Oasis Growth Partners II, LLC, also dba ARC and Oasis Growth Partners Development, Inc., also dba ARC, which are companies of which defendants Daniel Chiu and Rebecca Chiu...

Excerpt: ...ction of documents SUMMARY OF FACTS: Plaintiff Yanbin Zang alleges that he is a Chinese national who desired to immigrate to the United States, but at the time had no substantive understanding of the American legal system or the complexities of immigration law, and accordingly sought out the services of defendant Meiju Group which plaintiff learned from an acquaintance was in the business of providing immigration services, and which advertised on...

Excerpt: ...any, LLC, and for injunctive relief, statutory damages, fees and costs of suit incurred herein In the alternative, summary adjudication of issues Causes of Action from Complaint 1) Violations of the Unruh Civil Rights Act SUMMARY OF COMPLAINT: 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. Plaintiff alleges that defendant ...

Excerpt: ..., Inc. that it had and has an immediate and continuing duty to defend MCI Communications Services LLC against plaintiff's claims in this action. CAUSES OF ACTION: from First Amended Cross-Complaint 1) Indemnity and Apportionment of Fault 2) Express Contractual Indemnity 3) Declaratory Relief 4) Declaratory Relief Regarding Duty to Defend FACTUAL BACKGROUND: Plaintiff Mark Ellensohn alleges that on June 9, 2015, plaintiff was traveling on Intersta...

Excerpt: ... Cuevas and occupies as his principal dwelling real property in Monterey Park. Plaintiff alleges that in October of 2014 he was approached by a friend who needed a loan, and as a favor plaintiff agreed to support a loan to his friend if the friend could locate a lender that would make a loan to be secured by a third deed of trust recorded against plaintiff's property. The friend located a lender, defendant Quickfix Investments, LLC, and negotiate...

Excerpt: ... Opposition) RELIEF REQUESTED: Sustain demurrer to First Amended Complaint Strike Punitive Damages CAUSES OF ACTION: from First Amended (Form) Complaint 1) General Negligence 2) Intentional Tort SUMMARY OF FACTS: Plaintiff Dehui Zeng has filed a First Amended Form Complaint checking the box that “The following causes of action are attached,” and also checking “General Negligence” and “Intentional Tort.” There are no cause of action at...

Excerpt: ...m (“Soni”) alleges that defendants Simplelayers, Inc. fka Cartograph, Inc. and Timothy Tierney retained plaintiff to represent them on an hourly basis in regard to certain general corporate, patent, and trademark work. Plaintiff alleges that Soni has provided professional services, but defendants have breached the attorney-client fee agreement by failing to fully pay for those services pursuant to the agreement. This action was filed followin...

Excerpt: ...h, and eleventh causes of action of First Amended Complaint Sotheby Defendants Sustain demurrer to second through eleventh causes of action of First Amended Complaint Strike attorney's fees and punitive damages CAUSES OF ACTION: from First Amended Complaint 1) Violation 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) Ne...

Excerpt: ... David Delrahim In the alternative, summary adjudication of each cause of action Causes of Action from Complaint 1) Breach of Written Contract 2) Specific Performance 3) Intentional Interference with Prospective Economic Advantage 4) Negligent Interference with Prospective Economic Advantage 5) Unfair Business Practices SUMMARY OF COMPLAINT: The instant action arises from a dispute involving the purchase of thirteen gasoline service stations by p...

Excerpt: ...dmissions FACTUAL AND PROCEDURAL BACKGROUND: Plaintiffs the Estate of Richard Charles Wegelin and Jennafer Leigh Wegelin, the natural daughter of Richard Charles Wegelin, bring this action against defendants Brilliant Management, Inc., Hsiao Ping Wang, and Debra Gray, alleging that defendants owned, leased, possessed, managed and maintained premises commonly described as the El Dorado Inn in Anaheim. Plaintiffs allege that while Richard Charles W...

Excerpt: ...017, 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 by defendant Elizabeth Rose Quinn, who drove defendant's vehicle into oncoming traffic, as a result of which plaintiff was hurt and physically injured and sustained damages. The complaint alleges that at the time of the collision, defendant Quinn was intoxicated and arrested at the...

Excerpt: ...eased commercial property in Glendale, and had a good relationship with the owners of the property until defendant John McDowell, Trustee of the John McDowell Family Trust, took over the property, failed to provide plaintiff with a notice of change of ownership, but instead gave plaintiff a 30-Day Notice To Quit, and filed an unlawful detainer action. Plaintiff alleges that defendant claimed the eviction was based on a tenancy at will even though...

Excerpt: ... 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: 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, ...

Excerpt: ...al FACTUAL AND PROCEDURAL BACKGROUND: Plaintiffs Cicindelae, Inc. and Do Gi Kim allege that in May of 2018, they entered into a written agreement with defendant Sherrie Carr to loan her $500,000 with no interest, with a maturity date of April 30, 2019. Plaintiffs allege that defendant Carr, and her business partner, defendant Kyung Choung, pledged two properties, one owned by Carr, and the other owned under defendant Ehop, LLC, to secure the agre...

Excerpt: ... Tamnia LLC alleges that it is a Wetzel's Pretzels franchisee that owns and operates a franchised bakery store at two sites in the Los Cerritos Center, and that since acquiring the franchise in 2016, plaintiff's franchise has become one of the most profitable locations in the entire Wetzel's Pretzels franchise system. Plaintiff alleges that while plaintiff has consistently maintained compliance with its obligations under the governing Franchise A...

Excerpt: ...leges that at approximately 6 p.m. on January 8, 2018, plaintiff was crossing by foot the crosswalk that traverses the SR-60 eastbound onramp on Atlantic Boulevard, when he was stricken by a Chevrolet truck traveling southbound on Atlantic Boulevard being driven by defendant Joseph Ransford. Plaintiff alleges that he suffered serious medical injuries as a result of the accident. The Second Amended Complaint alleges that defendant Ransford caused ...

Excerpt: ...only in caption) Causes of Action from Complaint 1) Breach of Contract (Lease) v. Petromin 2) Negligence v. All Defendants SUMMARY OF COMPLAINT: Plaintiff Herbert S. Su, D.D.S. alleges that in July of 2016 he entered into a commercial lease with defendant Petromin Group USA, Inc. (“Petromin”) for the lease of premises in South El Monte to be used by plaintiff to operate his dentistry practice. Plaintiff alleges that in January of 2019, water ...

Excerpt: ...ocuments Further Responses to Requests for Admissions 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. Plaintiff alleges that defendant Rodini Park LP has violated the Unruh Civil Rights Act, California Civil Code section 51, by its failure to design, construct, maintain and operate its website to be fully...

Excerpt: ...UAL BACKGROUND: Plaintiff American Tower Asset Sub, LLC alleges that it owns and operates a broadcasting and wireless communications tower in La Canada Flintridge (the “Antenna Site”), and in December of 2009 leased a portion of the Antenna Site to defendant Sunbelt Television, Inc. for the purpose of broadcasting operations pursuant to a Lease Agreement. The parties in 2013 executed a First Amendment to the Lease which extended the term of t...

Excerpt: ...xpunging the Notice of Action Pending recorded on October 11, 2017. FACTUAL and PROCEDURAL BACKGROUND: Plaintiff Habitat East Homeowners Association (“the Association”) alleges that defendants are purported record or legal owners of a unit of real property in Burbank, and that dating back to May of 2008, after an assessment lien was recorded against the property in favor of plaintiff, multiple transfers of the property have occurred, wherein ...

Excerpt: ... responses and production, without objection, to Plaintiffs' Requests for Production of Documents, Set One FACTUAL BACKGROUND: Plaintiffs Teddy Cannon and Christopher Pownall bring this action against their former employer defendant Bellum Entertainment, LLC alleging that defendants engaged in wage and hour labor code violations. On January 15, 2021, the court heard two motions to compel responses to Requests for Production, Set One, from defenda...

Excerpt: ...e purpose of confirming the arbitration award made in an arbitration held with respect to a claim by petitioner Swift Financial, LLC, as Servicing agent for WebBank, for sums allegedly due under a business loan agreement entered into by respondents Cross Cali Trans, Inc. and Kostan Manukyan. Petitioner seeks to have the court confirm the arbitration award. This petition was originally heard on March 26, 2021. The court's tentative ruling was post...

Excerpt: ...y 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 ...

Excerpt: ... expiration of the statute of limitations and the remaining issues under plaintiff's CLRA and breach of implied warranty claims. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Tamara Hopkins alleges that in December of 2015 she purchased a vehicle from defendant Carmax Auto Superstores California, LLC (“Carmax”) as seller. Plaintiff alleges that prior to purchasing the vehicle, plaintiff asked if the vehicle had been in any prior accidents, and...

Excerpt: ... Interrogatories Further Responses to Demand for Production of Documents from Norik Barseghian Order compelling defendant Ideal Kitchen Supply, Inc. to produce documents responsive to Demand for Production of Documents FACTUAL BACKGROUND: Plaintiffs Jorge Santos, individually and as successor in interest to the Estate of Andrea Ashley Santos, Bernadette Barbosa, individually and as successor in interest to the Estate of Andrea Ashley Santos, and ...

Excerpt: ...seghian, husband and wife, allege that plaintiff Jacob agreed in 2002 with decedent Nick Vartanian that the two would each become 50% owners in a mortgage business previously solely owned by Jacob, First Choice Mortgage Brokers. Plaintiffs allege that plaintiff, decedent Nick and defendant Jassik Vartanian came to an agreement wherein Jacob would purchase and invest in certain real properties. Due to the high risk associated with the direct mortg...

Excerpt: ... Discovery served: December 4, 2019 Date Responses served: NO RESPONSES SERVED Date of Court Order: October 2, 2020 (responses and production due within 14 days. No monetary sanctions requested or awarded.) Notice of Ruling served: October 5, 2020 Motion Served: March 30, 2021 FACTUAL BACKGROUND: Plaintiff Esperanza Bagwell alleges that she is the owner of property on Primrose Avenue in Monrovia based on plaintiff's actual, open, notorious, exclu...

Excerpt: ...various times experienced auditory hallucinations, paranoid delusions, mania, and depression. In March of 2012, plaintiff became a patient of defendant Jeffrey Becker, M.D. Plaintiff alleges that in August of 2012 he was admitted to defendant UCLA Health Systems NPH Hospital (“NPH”), which is administered by defendant the Regents of the University of California, due to bizarre behavior and was diagnosed with psychosis NOS, and placed on a hol...

Excerpt: ...1) Breach of Contract 2) Violation of Civil Code section 1102 SUMMARY OF FACTS: Plaintiff Khachik Aslanyan alleges that in May of 2018, plaintiff and defendant 11104 Oro Vista LLC entered into a written agreement in which plaintiff agreed to purchase real property located at 11104 N. Oro Vista Avenue in Sunland. Plaintiff alleges that during the purchase transaction defendants failed to disclose that various sub-contractors that worked on the sub...

Excerpt: ...CAUSES OF ACTION: from First Amended Complaint 1) General Negligence 2) Negligent Hiring, Supervision or Retention of Employee 3) Premises Liability 4) Gross Negligence 5) Product Liability/Failure to Warn 6) Negligence/Product Liability 7) Strict Products Liability 8) Breach of Warranty of Merchantability 9) Breach of Implied Warranty of Fitness for a Particular Purpose 10) Loss of Consortium SUMMARY OF FACTS: Plaintiffs Erika Rodriguez, individ...

Excerpt: ...CAUSES OF ACTION: from Complaint 1) Statutory Elder Abuse/Neglect 2) Negligence 3) Wrongful Death SUMMARY OF FACTS: Plaintiff John Thompson alleges that at all relevant times he was over 65 years of age, and a patient of defendant Saint Nectarios Hospice, Inc. (“Saint Nectarios”), a hospice company located in Glendale, and was also a patient of defendant Evans Elderly Residential Care, LLC (“Evans Residential Care”), an assisted living fa...

Excerpt: ...y 23, 2020 Date Responses served: NO RESPONSES SERVED Date of Court Order: September 11, 2020 (responses and production due within 30 days, sanctions of $758 plus costs of $60 filing fee for each motion payable within thirty days. ) Notice of Ruling served: September 11, 2020 Motion Served: January 29, 2021 FACTUAL BACKGROUND: Plaintiff Foothill Soils, Inc. alleges that it is engaged in the business of landscape materials and supplies, including ...