Excerpt: ...KGROUND: Plaintiff Jane Doe alleges that while she was a high school student at John Burrough High School, in the Burbank Unified School District, defendant Burbank Unified School District (“the District”) hired defendant V&S Video Productions to film and record high school activities, including events in the Fine/Performing Arts Department, in which plaintiff was active. Plaintiff alleges that defendant Clarke Alexander Surrey was an employe...

Excerpt: ... Plaintiff(s) Defendant(s) 19GDCV01162 Georgianna Christine Garcia Burch Capital, Inc. 19PDUD02498 Burch Capital, Inc. Georgianna Christine Garcia FACTUAL BACKGROUND Plaintiff Georgianna Garcia alleges that she was the lawful owner of residential real property in Temple City, California, which was plaintiff's primary residence and owner- occupied. In January of 2018, plaintiff entered into a deed of trust with defendant Burch Capital, Inc. as len...

Excerpt: ...d- IATSE Local 706 Defendant Make-Up Artists & Hair Stylists Guild- IATSE Local 706 (Sanctions) Responding Party: Plaintiff Alicia M. Tripi (No Opposition) RELIEF REQUESTED: Judgment Judgment to be entered in favor of individual defendants Discovery Sanctions Order imposing additional sanctions, including issue, evidence or monetary sanctions against plaintiff CHRONOLOGY Date Discovery served: March 7, 2017 Date Responses served: NO RESPONSES SER...

Excerpt: ...Development, Inc. to invest $580,000 into defendants' business, for a commercial enterprise designed to pave the way for plaintiff to receive an EB-5 investment immigration visa and obtain permanent resident status. Plaintiff alleges that plaintiff entered into a written agreement with defendants which provided that plaintiff's money would be refunded if during the first step of the EB-5 visa process, the I-526 petition was denied by the United S...

Excerpt: ...on of First Amended Complaint Garabet Hindoyan Sustain demurrer to First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1) Legal Malpractice 2) Negligent Advice to Client 3) Constructive Fraud 4) Dual Representation of Diverse Interest 5) Breach of Fiduciary Duty 6) IIED 7) Breach of Contract—Commercial Lease 8) Intentional Misrepresentation of Material Facts 9) Fraud in the Inducement 10) Negligence 11) Breach of Implied Warr...

Excerpt: ...eley Law School, and that defendant Monica Artavia Blut is an attorney who represented plaintiff Hu's ex-spouse between August 24, 2018 and November 5, 2018 in a domestic violence restraining order matter, in which Hu's ex- spouse alleged Hu had harassed her since their divorce in August 2017. The First Amended Complaint alleges that on August 24, 2018, the Riverside Family Law Court granted Blut's client a temporary restraining order against Hu,...

Excerpt: ... FACTS: The complaint alleges that plaintiff David Dimeo is a Colorado veterinarian, and that he and plaintiff Mountain Parks Veterinary Hospital, Inc. treat household pets. Plaintiffs allege that in April of 2018, they were solicited by defendant The Emery Wilson Corporation dba Sterling offering practice management services, which repeatedly called plaintiffs, and used high-pressure tactics to convince plaintiffs to enter a contract for $42,135...

Excerpt: ...idavits 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 claim is a fixed or readily ascertainable amount not less than $500, exclusive of costs, interest and attorney's fees] Claim is for amount due pursuant to garment orders place...

Excerpt: ...nded Cross-Complaint CAUSES OF ACTION: from Second Amended Cross- Complaint 1. Violation of California Civil Code § 2924.17 2. Wrongful Foreclosure 3. Slander of Title FACTUAL AND PROCEDURAL BACKGROUND: This is a wrongful foreclosure action originally brought by plaintiff Esteban Montenegro. On February 7, 2014, the court sustained demurrer to the Third Amended Complaint without leave to amend and entered judgment in favor of defendants. Plainti...

Excerpt: ... favor of plaintiff Ching Fang Hsu Causes of Action from Second Amended Complaint 1. False Promise v. Lin 2. Breach of Contract v. Lin 3. Breach of Implied Covenant of Good Faith v. Lin 4. Conversion v. All Defendants 5. Conspiracy v. All Defendants SUMMARY OF COMPLAINT: Plaintiff Ching Fang Hsu alleges that in August of 2015, Hsu appointed defendant Tsing Chiang Lin (“Lin”) to have power of attorney over Hsu's banking and other financial tra...

Excerpt: ...uments) Plaintiff Joytex International Trade Limited (Undertaking) RELIEF REQUESTED: Documents Compel compliance from defendant KL Global to Request for Production of Documents, Set One, No. 30. Undertaking Order compelling plaintiff Joytex to file an undertaking of $48,800 as security for costs and attorney fees DECLARATION SUPPORTING MOTION: Executed per CCP §§ 2015.5, 2030(l): yes Reasonable and good faith attempt to resolve informally: Ex. ...

Excerpt: ...n. SUMMARY OF FACTS: Plaintiff Luxottica USA LLC filed this action alleging that it entered into a written agreement with defendant AGA & Titan Inc. aka AGA & Titan Co. dba Eclipse Eyewear pursuant to which plaintiff would provide goods to defendant. Plaintiff alleges that it performed its obligations under the contract, and defendant failed to property pay the entire balance due. On March 13, 2018, plaintiff filed a Notice of Settlement of Entir...

Excerpt: ... Marrujo alleges that plaintiff owns real property in Glendale which is benefited by an express easement for ingress and egress and public utility purposes on real property owned by defendants Irina Avetisyan and Ashken Manukyan. Plaintiff alleges that beginning in April of 2018 and continuing to the present, defendants have wrongfully constructed a fence over the subject easement which prevents plaintiff from using the easement for ingress and e...

Excerpt: ...ons concerning parent company CAUSES OF ACTION: from Second Amended Complaint 1) Veterinary Malpractice 2) Negligence 3) Breach of Contract SUMMARY OF FACTS: Plaintiff Arvin Kazaryan alleges that he is the sole guardian and caretaker of Max, plaintiff's much loved and adored male canine companion. Plaintiff alleges that in January of 2016, Max was having diarrhea and plaintiff took Max to the facility owned by defendants Gateway Animal Hospital, ...

Excerpt: ...t and Confer? Yes (Plaintiff failed to respond) RELIEF REQUESTED: Sustain demurrer to First Amended Complaint Strike Attorneys' Fees, Punitive Damages CAUSES OF ACTION: from First Amended Complaint 1) Breach of Contract 2) Breach of Implied Covenant of Good Faith and Fair Dealing 3) Negligent Interference with Prospective Economic Relations 4) Intentional Interference with Prospective Economic Relations 5) Inducing Breach of Contract 6) Intention...

Excerpt: ...ication in favor of defendant Simon Papukyan Causes of Action from First Amended Complaint 1) Breach of Contract 2) Breach of Fiduciary Duty 3) Aiding and Abetting Breach of Fiduciary Duty 4) Tortious Interference 5) Declaratory Relief SUMMARY OF COMPLAINT: Plaintiff Hovannes Markosyan alleges that defendant Narek Papukyan, who had for a number of years pursued a business in which he could invent and sell shisha made from tea leaves, free of toba...

Excerpt: ...g party has failed to establish that the Notice of Pendency of Action, dated July 24, 2019, and based on the Answer to Complaint in this matter, was not appropriately recorded pursuant to CCP § 405.20, by a “party to an action who asserts a real property claim.” The Answer here asserts, “Defendant has and owns an undivided one-half interest in the property described in the complaint…” Defendant Silvina Zoltzman, as the prevailing party...

Excerpt: ...murrer to first and second causes of action of First Amended Cross-Complaint CAUSES OF ACTION: from First Amended Cross-Complaint 1) Rescission 2) Declaratory Relief 3) Fraud 4) Breach of Implied Covenant of Good Faith and Fair Dealing SUMMARY OF FACTS: Plaintiff Glendale II Mall Associates alleges that in January of 2016, plaintiff conveyed to defendant Tadashi Enterprises LLC a leasehold interest in commercial premises with a term of running th...

Excerpt: ...oss-complaint CAUSES OF ACTION: from Cross- Complaint 1) Breach of Contract 2) Breach of Fiduciary Duty 3) Fraud—Intentional Misrepresentation 4) Negligent Misrepresentation 5) Conspiracy to Defraud 6) Cancellation of Written Instrument 7) Quiet Title 8) Declaratory Relief SUMMARY OF FACTS: Plaintiffs Cicindelae, Inc. and Do Gi Kim alleges that in May of 2018, they entered into a written agreement with defendant Sherrie Carr to loan her $500,00...

Excerpt: ...LIEF REQUESTED: File a First Amended Cross-Complaint RULING: Motion for Leave to File First Amended Complaint is GRANTED. The court confirms that the trial date has been continued to April 6, 2020, and all discovery cut off dates and other deadlines are to be measured from the new trial date. A signed version of the First Amended Cross-Complaint is to be efiled no later than close of business this date. The First Amended Cross-Complaint will be d...

Excerpt: ...howing made find that a need for a speedy trial has been established, as required under CCP § 1062.3, or that circumstances warrant the granting of a preference under CCP § 36 (e). 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. Galletly and G. Galletly, the principal sum of $250,000, pursuant to a...

Excerpt: ...rigorian, Seada Grigorian, and Volga Issakhan Meet and Confer? Ok RELIEF REQUESTED: Sustain demurrer to Complaint Strike conclusory allegations, third cause of action, attorneys' fees, punitive damages CAUSES OF ACTION: from Complaint 1. Elder Abuse 2. Violation of Residents Rights 3. Wrongful Death SUMMARY OF FACTS: Plaintiff Maryam Issakhan, deceased, brings this action through her successor in interest, plaintiff Seada Grigorian. Plaintiff Sea...

Excerpt: ... and the court to consider new evidence submitted with the reply papers. The court has considered this evidence, along with plaintiff's further filings, including the sur-Reply. The court finds that the Amended Supplemental Declaration of Defendant Oran Belillti is executed under penalty of perjury under the laws of the State of California. The court further finds that it is appropriate in this instance for the court to consider evidence submitte...

Excerpt: ...Opposition) Causes of Action from Complaint 1) Breach of Contract 2) Breach of Personal Guaranty 3) Unjust Enrichment 4) Money Had and Received 5) Account Stated SUMMARY OF COMPLAINT: Plaintiff Fundation Group, LLC alleges that in January of 2018, a written agreement was made between plaintiff and defendant Ayva Group Ink aka Ayva Group, Inc. (“Group”), pursuant to which plaintiff approved a loan in the amount of $70,000 to Group, and Group w...

Excerpt: ...MMARY 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 defendant failed to show up for a scheduled meeting, and plaintiff called defendant to find out his estimated time of arrival, defendant became upset, using profanity and abusive language. Plain...

Excerpt: ...Breach of Good Faith SUMMARY OF FACTS: Plaintiff Sam Roter alleges that defendant Jeffrey Tinsley is the founder, chairperson and CEO of MyLife.com, Inc. and can be held personally liable for the conduct of MyLife, Inc. based on an agency theory. Plaintiff alleges that Tinsely through his business MyLife.com caused plaintiff's name and personal information allegedly gathered from both legitimate and illegitimate sources, to be published on the co...

Excerpt: ...lure 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 financial officer. Plaintiffs allege that during plaintiffs' e...

Excerpt: ...No Sanctions Sought CRC separate statement, etc.: Yes FACTUAL BACKGROUND: Plaintiff Jessica Cundieff alleges that in July of 2015, plaintiff purchased a 2015 Chevrolet Traverse vehicle, manufactured and/or distributed by defendant General Motors, LLC. Plaintiff alleges that in connection with the purchase, plaintiffs received an express written warranty. During the warranty period, the vehicle contained or developed defects, which substantially i...

Excerpt: ...ting a trustee's sale FACTUAL AND PROCEDURAL BACKGROUND: 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 defendan...

Excerpt: ... Sanctions Sought 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, Exs. 31-34 FACTUAL BACKGROUND: Plaintiff Jeremy Gonzales alleges that in January of 2018 plaintiff purchased a 2015 Chevrolet Tahoe 2WD LTX manufactured and/or distributed by defendant General Motors, LLC. Plaintiff alleges that in connection with the ...

Excerpt: ...lties and injunctive relief pursuant to Health & Safety Code § 25249.5 et seq., on behalf of all California citizens, alleging that defendant Arkon Resources, Inc. has violated Health & Safety Code § 25249.6 by failing to give clear and reasonable warning to individuals of the health hazards caused by exposure to di(2-ethylhexyl) phthalate (DEHP), a toxic chemical found in Arkon Sports armbands sold and distributed by defendant in California. A...

Excerpt: ...rrari Decl. ¶ 3, Ex. B No waiver of right to compel arbitration (CCP §§1281.2(a); 1281.5): Not mentioned No grounds for revocation 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 arbitra...

Excerpt: ...kian brings this action alleging that he is the residential tenant of defendant Georgi Robinson under an oral rental agreement made March 20, 2017 for $3,400 per month on a month-to-month basis for possession of premises in Ventura. Plaintiff alleges that the agreement also included an agreement for plaintiff to perform and be compensated for repairs of the premises in the amount of $50,000, which plaintiff has performed. Plaintiff alleges that o...

Excerpt: ...Party: Plaintiff Alicia M. Trippi (No Opposition) RELIEF REQUESTED: Responses to Form Interrogatories, General and Employment, Requests for Production, Set One, Order Deeming Requests for Admissions, Set One, Admitted Dismiss as moot cross-complaint against cross-defendant Alicia M. Tripi CHRONOLOGY Date Discovery served: March 7, 2017 Date Responses served: NO RESPONSES SERVED Date Motion served: October 4, 2019 Timely OPPOSITION: No opposition....

Excerpt: ... action Summary judgment in favor of plaintiff Saint Lukes Pasadena, LLC In the alternative, summary adjudication of each cause of action of the complaint Moving Party: Defendant Jason Boutros M.D., Inc. Plaintiff Saint Lukes Pasadena, LLC Responding Party: Plaintiff Saint Lukes Pasadena, LLC Defendant Jason Boutros M.D., Inc. Causes of Action from Complaint 1. Breach of Contract 2. Breach of Covenant of Good Faith and Fair Dealing 3. Declaratory...

Excerpt: ...r Vacating Dismissal is DENIED. Request for sanctions in the opposition is DENIED. Defendants have failed to provide the safe harbor required under CCP Section 128.5(f)(l)(B) FACTUAL BACKGROUND: Plaintiff Angela Shagoyan alleges that during the months of July through September of 2014 now deceased Linida Torabian represented to plaintiff that she was a licensed real estate agent and offered to perform loan modification or foreclosure forbearance ...

Excerpt: ...s this legal malpractice action against her former attorneys, defendants Alex Megeredchian and his law practice entities, alleging that during their representation of plaintiff and other partners in a real estate investment joint venture transaction, defendants failed to appropriately advise the parties, and continued representation despite conflicts of interests arising between the partners, ultimately resulting in plaintiff funding the entire r...

Excerpt: ...essions Payroll Management, Inc. and Entertainment Production Services, Inc. and 2) the equitable issues under Business & Professions Code § 17200 may be tried first. RULING: Defendant State Compensation Insurance Fund's Motion to Bifurcate Trial is DENIED. SUMMARY OF FACTS: Plaintiff Sessions Payroll Management alleges that defendant State Compensation Insurance Fund has wrongly required plaintiff in order to obtain workers' compensation insura...

Excerpt: ...Jason Steger alleges that in October of 2016, plaintiff was admitted to defendant CSJ Providence St. Joseph Medical Center with abdominal pain, and that defendants, various medical providers, negligently performed a colonoscopy procedure on plaintiff which perforated his colon in multiple areas. Plaintiff alleges that after the procedure, his pain worsened and he went into septic shock. Plaintiff alleges that he ultimately underwent a total colec...

Excerpt: ...plaint 1) Malicious Prosecution SUMMARY OF FACTS: Plaintiffs Akop Sogomonyan and Tsovinar Sogomonyan bring this action for malicious prosecution, alleging that their neighbors, defendants Anait Ordudzhyan and Hamazasp Kiramijyan filed a previous action against plaintiffs, in which they were represented by defendant Karapet Zakaryan, who was employed by defendant KAASS PC, which was overseen and directed by its principal, defendant Armen Kiramijya...

Excerpt: ...int Strike Attorneys' Fees, Punitive Damages CAUSES OF ACTION: from Second Amended Cross- Complaint 1. Violation of California Civil Code § 2924.17 2. Wrongful Foreclosure 3. Slander of Title FACTUAL AND PROCEDURAL BACKGROUND: This is a wrongful foreclosure action originally brought by plaintiff Esteban Montenegro. On February 7, 2014, the court sustained demurrer to the Third Amended Complaint without leave to amend and entered judgment in favo...

Excerpt: ...pleading fails to sufficiently allege facts establishing a fiduciary or other relationship between plaintiff and escrow, and the claim is clearly stated for enforcement of rights under a third-party beneficiary theory to a particular contract. Moreover, based on the argument in the opposition, the court is skeptical that this case involves the existence of a balance due from defendant which can only be ascertained by an accounting. Ten days leave...

Excerpt: ...ants) Responding Party: Plaintiff Larry Quishenberry Meet and Confer? Yes RELIEF REQUESTED: Sustain demurrer to Second Amended Complaint Strike immaterial allegations, punitive damages, attorneys' fees, treble damages CAUSES OF ACTION: from Second Amended Complaint (from body of pleading, not caption) 1. Negligence and Recklessness v. All Defendants 2. Elder Abuse v. Each Defendant 3. Negligence and Recklessness—special relationship v. HCP and ...

Excerpt: ...0110003[ Responding Party: (Reciprocal Motions) Relief Requested: MCW Fuels Motion Summary judgment in favor of MCW Fuels, LLC, or alternatively, summary adjudication on all issues encompassed in the Phase 1 Trial and the all matters encompassed in the Unstayed Matter. Westco Petroleum Motion Summary adjudication in favor of Westco Petroleum Distributors on the issue of whether there was a valid assignment of each of WPD's five branded resale fue...

Excerpt: ...he amount of $5,461.65 against defendants SUMMARY OF FACTS: Plaintiff Ingrid Cervantes, Anthony Room, and Nicholas Narvaez allege that they occupied real property located at 6735 Elmer Street, Unit 12, North Hollywood, and filed this lawsuit against defendants VN Partnership (“VN”), Elmer 1 Partnership (“Elmer 1”), Ahron Zilberstein (“A. Zilberstein”), and Vardit Zilberstein (“V. Zilberstein”) for alleged problems with the propert...

Excerpt: ...ted Civil Jurisdiction is DENIED. It is not clear from the pleadings, file and the showing made in the motion that the verdict in this case would necessarily result in a verdict below this court's jurisdictional amount. See Walker v. Superior Court (1991) 53 Cal.3d 257, 262; Ytuarte v. Superior Court (2005, 2 nd Dist.) 129 Cal.App.4th 266, 277. SUMMARY OF FACTS: Plaintiff Marine Ginosyan alleges she procured from defendant Government Employees In...

Excerpt: ... Plaintiff Alicia M. Tripi (No Oppositions) RELIEF REQUESTED: Award of attorneys' fees in the amount of $79,678.10 against plaintiff Alicia M. Tripi and in favor of defendants Strike factual allegations relating to the portions of plaintiff's action that have been dismissed with prejudice and have no relevance to the remaining claims. RULING: [No Opposition]. UNOPPOSED Motion of Defendants Make-Up Artists & Hair Stylists Guild—IATSE Local 706, ...

Excerpt: ...istina Khamsy Responding Party: Cross-Complainant Remil Charmaine Gonzales RULING: Cross-Defendants Royal Home Healthcare Agency, Inc., Christopher Chen, and Christina Khamsy's Motion for Judgment on the Pleadings on Remil Charmaine Gonzales' Cross- Complaint: Motion is DENIED as to the first cause of action for slander per se, second cause of action for defamation and third cause of action for negligence. Motion as to the fourth cause of action ...

Excerpt: ...ndant Government EmployFrank Gomez, Jr. Responding Party: Plaintiff Marine Ginosyan RELIEF REQUESTED: Sustain demurrer to Second Amended Complaint Strike Punitive Damages CAUSES OF ACTION: from Second Amended Complaint 1) Breach of Contract 2) Breach of Implied Covenant of Good Faith and Fair Dealing SUMMARY OF FACTS: Plaintiffs Marine Ginosyan alleges she procured from defendant Government Employees Insurance Company (“GEICO”) an automobile ...

Excerpt: ...ate Farm General Insurance Company Responding Party: Plaintiffs Charles T. Elly and Carmen Elly Wilkerson RULING: The parties should note that this court finds it distracting and inconvenient to have to search the footnotes to find supporting authority for assertions made in the body of the points and authorities. The court requests that the parties discontinue the practice of putting the authority in footnotes and put it in the body of the docum...

Excerpt: ...00 03[ Sotheby's International Realty Responding Party: Plaintiff John C. Lukes RULING: The court notes that the demurrer and motion to strike are untimely, filed fifteen days late. The court in its discretion has considered the moving papers only because they were timely served, and no prejudice appears to plaintiff. However, defendants are cautioned that in the future the court may refuse to consider pleadings not filed in conformity with the s...

Excerpt: ...Defendant and Cross-Complainant Westco Petroleum Distributors, Inc. Responding Party: Plaintiff and Cross-Defendant MCW Fuels, LLC (No Opposition) RULING: [No Opposition] UNOPPOSED Motion to Strike the Complaint and Answer to Second Amended Cross- Complaint of MCW Fuels, LLC is GRANTED. MCW Fuels, LLC is permitted thirty (30) days leave to amend to refile the subject pleadings once the corporation has effected revivor. Request for imposition of f...

Excerpt: ...greement on the issues of whether petitioner is entitled to coverage under the policy in light of his alleged failure of cooperation and failure to submit to an Examination Under Oath as required under the policy, and the potential unavailability of coverage due to knowing misrepresentation of concealment of material facts. The court finds that the parties have not agreed to submit these particular controversy to arbitration. MOTION TO COMPEL ABI...

Excerpt: ...rty: Defendant Guankun Li Responding Party: Plaintiff Dongzhou Xue RULING: Defendant Guankin Li's Motion to Stay or Dismiss Based on Forum Non Conveniens is DENIED as untimely and on the grounds of waiver. RELIEF REQUESTED: Stay or dismiss action pursuant to CCP § 410.30 SUMMARY OF FACTS: Plaintiff Dongzhou Xue alleges that plaintiff loaned money to defendants Guankin Li and Halal Food Co., Ltd. in a series of transactions intended to be commerc...

Excerpt: ... Further Responses to Inspection Demand, Set No. 4 and for production of documents MONETARY SANCTION None sought CRC separate statement, etc.: ok DECLARATION SUPPORTING MOTION: Executed per CCP §§ 2015.5, 2030(l); CRC 315(a): ok Reasonable and good faith attempt to resolve informally: ok FACTUAL BACKGROUD: Plaintiff Larry Quishenberry brings this action individually and as successor in interest to Eugene Quishenberry, alleging that decedent ass...

Excerpt: ... Moving Party: Defendants City of Burbank, Burbank Police Department, Mark Scott, Scott Lachasse Responding Party: Plaintiff Nick Nichols Causes of Action from Complaint 1) Petition for Writ of Mandate Pursuant to CCP § 1094.5 2) Relief for Violation of POBRA, Government Code § 3309.5 3) Violation of Civil Rights 42 USC § 1983 SUMMARY OF COMPLAINT: Plaintiff/Petitioner Nick Nichols alleges that he was terminated in June of 2010 from his positi...

Excerpt: ...r Se 4) IIED 5) NIED* 6) Intentional Interference with Prospective Economic Advantage* 7) Unfair Business Practices *Request for Dismissal filed August 13, 2018 SUMMARY OF FACTS: Plaintiff Dennis P. Block, individually and dba as Dennis Block and Associates, 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-emine...

Excerpt: ...D. The costs of subpoenaing and copying medical records do not appear to be authorized under any statute, do not constitute copies of trial exhibits, and these costs are therefore not allowable. This entire item in the amount of $4,051.18 is stricken and reduced to -0-. <001400110014001b000c00 030003[ $1,617.85. The court has reviewed the late opposition filed 5 court days late. The court's review of defendant City of Burbank's late opposition ha...

Excerpt: ...unds to reopen discovery under <004f004c004a0048005100 004b0048000300550048[asons the discovery was not completed, or why the motion was not heard earlier. The defendant has meet its burden of showing good cause to conduct a second physical examination. The defendant has submitted evidence such as subsequently obtained medical records, showing that there has been a change in the condition of plaintiff warranting a second examination. Also, the de...

Excerpt: ...laintiff Judy Tatum RULING: Defendant Craig Asanuma as Trustee of the Craig A. Asanuma and Sharon A. Asanuma Joint Living Trust's Demurrer to Plaintiff's First Amended Complaint is OVERRULED Defendant Craig Asanuma as Trustee of the Craig A. Asanuma and Sharon A. Asanuma Joint Living Trust's Motion to Strike Portions of Plaintiff's First Amended Complaint is DENIED. Ten days to answer. RELIEF REQUESTED: Sustain demurrer to First Amended Complaint...

Excerpt: ...rs defendant Heavenleaf Inc. to fully comply with the court's November 16, 2018 order within ten days. Motion for Terminating Sanctions as to Defendant Narek Papukyan is DENIED. Defendant Narek Papukyan is ordered to serve further responses to Requests for Production Nos. 1, 7 and 8 which fully comply with the court's order of November 16, 2018. Defendant is ordered to exercise all due diligence in obtaining the subject documents, and to indicate...

Excerpt: ...E: Default entered June 27, 2018 RULING: Defendant Nicholas Feldshire's Motion to Set Aside and Vacate Plaintiffs' Default is granted pursuant to CCP section 473(b), based on defendant's attorney's affidavit of fault, as set forth in the McGrady Declaration. The default entered June 27, 2018 is vacated. Defendant is permitted to file with the court a separate original signed Answer to the complaint, to be filed with the court and served by close ...

Excerpt: ...ant Glendale Adventist Medical Center (MSA) Responding Party: Plaintiff Debra Lynn Hicks (No Opposition) Relief Requested: Summary judgment in favor of defendant Estelita Calica, M.D. Summary adjudication in favor of defendant Glendale Adventist Medical Center on the first and fifth causes of action and request for punitive damages Order requiring plaintiff to post security in the amount of $17,737.82 CAUSES OF ACTION: from Second Amended Complai...

Excerpt: ...: Mandatory in notice All named parties in each case: Yes Names of parties who have appeared: Yes Names of each party's respective attorneys of record: Yes Caption of each case listed: No Notice copied and filed in all cases to be consolidated: Yes Substantive Allegation Checklist: CCP § 403 provides the motion shall be supported by a declaration stating: Case meets standards specified in CCP § 404.1 Yes The case is not complex. No Moving p...

Excerpt: ...st Wilshire bear the entire cost of arbitration, the order is modified to require plaintiff to pay no more than $200 in fees as determined by FINRA. [Strauss Decl., Ex. A]. As to the request that the court order the 13 th Cause of Action (PAGA) to arbitration, the motion is DENIED. As to the request to stay this entire matter, including the PAGA cause of action pending arbitration, the request is GRANTED. Pursuant to CCP § 1282.2 and 1282.4 this...

Excerpt: ...OPPOSED Petition for Release of Property from Lien is DENIED WITHOUT PREJUDICE. The petition and notice of this hearing was not appropriately served on defendant pursuant to the applicable provisions governing petitions to release a mechanic's lien. See Civil Code §§ 8486 (b). If proper proof of service is presented at the hearing, the court will grant the Petition for Release of Property Lien. The court will need the appropriate order, which p...

Excerpt: ... cause of action for Violation of Vehicle Code Section 11713.18(a). Demurrer to the fifth cause of action for declaratory relief is SUSTAINED WITH LEAVE TO AMEND. The court is concerned that defendant before filing this demurrer did not meet and confer in good faith on this matter, refusing to agree to plaintiff amending the pleading to address the oversight. Ten days leave to amend to address the concerns in the court's previous August 31, 2018 ...

Excerpt: ...Facility and Eli Kamornick Responding Party: Plaintiffs Danielle Cleona Castillo Allen, Cleona Castillo, and Amiya Scales, Ashton Allen, Ahmad Allen and Aaliyah Allen, through their GAL RULING: Defendants Congregate Living Health Facility and Eli Kamornick's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the claims of plaintiff Danielle Cleona Castillo Allen, as the FAC alleges injury arising from plaint...

Excerpt: ...ant Peter John Simic, Jr., M.D. (Discovery) Defendant Kathleen M. Makerewicz, M.D. (Discovery) Defendant Providence Health & Services Foundation/San Fernando (Demurrer) Responding Party: Plaintiff Jason Steger RULING: Defendant Peter John Simic, Jr., M.D.'s Motion Compelling Plaintiff Jason Steger to Provide Further Responses to Defendant's Special Interrogatories Nos. 1 and 2 is GRANTED. Plaintiff Jason Steger is ordered to serve further complet...

Excerpt: ...3002600520055005300 1100030003000300030003> Responding Party: Plaintiff Arriaga USA, Inc. dba Stoneland RULING: Defendant Stone Mart Corp.'s Demurrer to Plaintiff's First Amended Complaint is OVERRULED to the first through ninth causes of action. Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the tenth cause of action for injunctive relief, as the claim is not a stand-alone cause of action, and injunctive relief has been sought in connection ...

Excerpt: ...052[ugh his GAL RULING: Motion for Preliminary Trial of Special Defense of Design Immunity is DENIED. FACTUAL AND PROCEDURAL BACKGROUND: This is a wrongful death action brought by Eva Alicia Zatarian and Matthew Mando Sahagun, the surviving mother and minor son of decedent Armando Shagun. Plaintiffs allege that decedent accidentally fell from the Pasadena Avenue Bridge over the Arroyo Seco Parkway (SR-110), after which decedent was struck by a Do...

Excerpt: ...FACTS: Plaintiff Kevin Roberts alleges that defendant Omnipoint Communications, a subsidiary of defendant T Mobile USA, leased a portion the City of Glendale's property to install and maintain a Telecommunications tower, and that defendants unlawfully planted an electrical wire with other telephone wires via an underground conduit from T Mobile's electric transformer in violation of applicable building codes, electric codes and building and safet...

Excerpt: ...00550053[. Responding Party: Plaintiff Joytex International Trade Limited RULING: Defendant KL Global's Demurrer to Complaint SUSTAINED WITH LEAVE TO AMEND to the second cause of action for fraud 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); La...

Excerpt: ...0003000300030003> Moving Party: Defendants Duane Kamei, individually and as trustee, and Jerome Kamei, as trustee Responding Party: Plaintiff Gig Real Estate Inc. (Opposition only to Motion to Strike) RELIEF REQUESTED: Sustain demurrer to First Amended Complaint Strike Attorneys' Fees, Punitive Damages CAUSES OF ACTION: from First Amended Complaint 1. Breach of Listing Agreement 2. Inducing Breach of Contract 3. Interference with Contract SUMMARY...

Excerpt: ...No Opposition) RULING: [No Opposition] Motion to enforce undertaking is CONTINED. The court finds that an injunction was issued in this matter, that moving defendant suffered damage thereby, and that this court has issued judgment of dismissal, a determination that plaintiff was not entitled to the injunction. The court finds that notice of motion has been appropriately filed and served, but that the motion is not sufficiently supported by affida...

Excerpt: ...avid Adamyan has failed to comply with this court's order of September 7, 2018 ordering defendant to serve responses to interrogatories, and to attend his deposition on September 14, 2018, and has failed to pay monetary sanctions as ordered. Defendant has also by his inaction permitted dispositive Requests for Admissions to be deemed admitted, and has failed to file timely written oppositions to the prior motions or this motion. This has resulted...

Excerpt: ...ek B. Bradstreet (No Opposition) RULING: [No Opposition] Motion for Order Correcting the Date of Filing the Complaint is GRANTED. The court orders the clerk to correct the date of the filing of the Complaint in this matter from October 16, 2018 to November 6, 2017. RELIEF REQUESTED: Order correcting the date filing the complaint FACTUAL AND PROCEDRUAL BACKGGROUND: <0044005700030047004800 002a004800520055004a[e Wielosik, Administrator of the Estat...

Excerpt: ...lt and Default Judgment Aside is GRANTED. The judgment entered on April 18, 2014 is set aside as void pursuant to CCP § 473(d), as the relief granted to the plaintiff on default exceeded that demanded in the complaint, as the complaint includes no allegations that a specific sum was due, or other allegations sufficient to put defendant on notice of the sum of damages sought. See CCP § 580; Greenup v. Rodman (1986) 42 Cal.3d 822, 830. See also t...

Excerpt: ...ty: Defendant KL Global International Corp. (No Opposition) RULING: Application for right to attach order is DENIED. Plaintiff has failed to make the required showing under CCP Section 485.20(c)(1) and CCP Section 485.210(c)(2) for prevailing on the merits and for irreparable injury. Application for temporary protective order is DENIED for Plaintiff's failure to satisfy the requirements of CCP Section 484.090(a)(2) that plaintiff has established ...

Excerpt: ...Amended Complaint 1) Negligence 2) Intentional Tort SUMMARY OF FACTS: Plaintiff Babak Mobin, in pro per, alleges that on April 25, 2015, he was sent from Kaiser Woodland Hills to defendant Saint Joseph's emergency room in Burbank, needing a hand surgeon because he had just cut his fingers with a saw. Plaintiff alleges that compassionate nurses and volunteers rushed to help him, and that the on-call hand surgeon was supposed to arrive soon, but in...

Excerpt: ...tiff filed a First Amended Complaint in this action on June 25, 2018, after the filing of the demurrer and motion to strike, but long after opposition was due in connection with the originally scheduled hearing date for these motions, which was March 26, 2018, in Department 92. Oppositions would have been due by March 13, 2018, and plaintiff did in fact file timely oppositions, but has evidently changed her mind and filed an amended pleading, ove...

Excerpt: ...court's satisfaction that this fraud prevented them from presenting a defense before judgment was entered, and that defendants have been diligent in seeking relief. The matter is returned to the civil active list, and will be set for trial at the hearing. RELIEF REQUESTED: Set aside judgment (entered June 4, 2018) FACTUAL BACKGROUND: Plaintiff Thomas M. Lee brings this action against his neighbors residing across the street, defendants Lorna Kim,...

Excerpt: ...surance Company Ltd.'s UNOPPOSED motion for leave to file a supplemental answer is GRANTED. Defendant has failed to lodge the proposed pleading separately, and has failed to sign the pleading. Defendant is ordered to file with the court a separate, signed copy of the proposed pleading by close of business this date, which is expressly designated the “First Supplemental Answer,” and the pleading will be deemed filed and served upon the court's...

Excerpt: ...Neil Solarz and Weinstock Manion In the alternative, summary adjudication of the first, second, eighth and ninth causes of action, and claim for punitive damages. Summary judgment in favor of defendant Meighan Howard In the alternative, summary adjudication of the first through seventh and ninth causes of action, and claim of punitive damages Moving Party: Defendants M. Neil Solarz and Weinstock Manion, A Law Corp. <0003000300030027004800 0030004...

Excerpt: ...051000f0003004800570003[ al. <0044005500570048000300 11000300030003[ Responding Party: Defendants Levon H. Bardakjian and Sylvia R. Bardakjian, as co-trustees RELIEF REQUESTED: Order finding that parties entered into Stipulation for Order Appointing a Receiver with Stayed Powers, that the City has determined defendants are in default with the Compliance Schedule, as empowered to do under the Receivership Order, immediately terminating the current...

Excerpt: ...anti-SLAPP statute. The court further finds that plaintiffs have established a reasonable probability of success on the merits by demonstrating that the complaint is legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited with respect to the first cause of action for invasion of privacy, second cause of action for libel, third cause of act...

Excerpt: ...ovia (4 Motions) Defendant Pauline White (Enforce Liability) RULING: Motion to Vacate Rulings on/after 03/17/17 is STAYED pursuant to the court's June 29, 2018 order. Motion as Void/Voidable is STAYED pursuant to the court's June 29, 2018 order. Motion to Amend Cross-Complaint, Plaintiff City of Monrovia's Motion to Enforce Liability on Civil Deposit, and Motion to Tax Costs/Strike Cost Bill are CONTINUED to November 2, 2018 [Sixty days beyond Se...

Excerpt: ...CP section 527(d)(4) to October 26, 2018 at 9:00 a.m. Temporary Restraining order issued on July 3, 2018 shall remain in effect until 5:00 p.m. on the date of the continued hearing. The court will consider the untimely filed Notice of Motion filed on July 11, 2018 to be the moving papers. The court will not consider the motion until plaintiffs have filed with the court proofs of service showing service of the Notice of Motion on defendants. ANALY...

Excerpt: ...Lehr and Frank Bryant RULING: Motion to Strike Portions of Plaintiffs' Complaint is GRANTED WITH LEAVE TO AMEND. The complaint seeks relief for negligence, and fails to allege facts which could support a finding that at the time of the incident the driver of the vehicle acted with malice or conscious disregard for the safety of plaintiff. Ten days leave to amend, if possible. RELIEF REQUESTED: Strike allegations of punitive damages CAUSES OF ACTI...

Excerpt: ...t file a Dismissal with prejudice within 30 days of todays date because the Court's setting aside the default judgment will return the case to the civil active list. VACATE OR SET ASIDE: Default judgment entered April 3, 2018 FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff American Express brings this collection action alleging that defendant Erik Davis was issued an American Express Credit Card and has become indebted to plaintiff in the sum of $12...

Excerpt: ...tee RULING: Plaintiff Jacob Parseghian's Motion to Disqualify Attorney Rafik Avyazi is DENIED. The court has considered the evidence submitted by both sides, and finds that the evidence submitted by defendants, including the documentary evidence showing the course of the transaction between plaintiff, defendants, and counsel for defendants, sufficiently establishes that there was no prior representation of plaintiff by counsel for defendants, but...

Excerpt: ...ERED BY THE COURT. It is not brought on sufficient notice, as it was personally served only fifteen court days prior to the hearing, rather than the sixteen court days required. The proof of service is defective as it fails to specify a method of service, and to the extent it twice indicates that service was made on February 13, 2018, is demonstrably false. More importantly, this matter is stayed as to the moving defendant, as the bankruptcy proc...

Excerpt: ...nt: Plaintiff Tejas Morlibhai Choski (No Opposition) RELIEF REQUESTED: Order permitting attorney to be relieved as attorney of record in this action GROUNDS FOR MOTION: Breakdown in communications, client has not signed substitution DECLARATION BY MOVING ATTORNEY [CRC 3.1362 (c), (d)]: Reasons why motion is necessary: ok Address recently confirmed (within last 30 days) Client agreed to electronic service. PROPOSED ORDER (CRC 3.1362 (e)): Address ...

Excerpt: ...C, Westfield Property Management LLC, and Nationwide Janitorial Services, Inc. (Amend) <00030027004c0044005100 004c0044005100030003[(Compel) Responding Party: Plaintiff Diane Boroudian (Amend) <0003003100440057004c00 00440051004c00570052[rial Services, Inc. (Compel) <0003003300550052004900 00030036004800460058[rity Consultants (Compel) RULING: Defendants' Motion for Leave to Amend Supplemental Designation of Experts is GRANTED. Pursuant to CCP §...

Excerpt: ...for inverse condemnation of plaintiffs' complaint Moving Party: Defendant Southern California Edison Company Responding Party: Plaintiffs Edwin Tak-Wing Chan and Wei Chao RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Plaintiffs' request for continuance is granted. The court finds pursuant to CCP section 437c (h) that it appears from the affidavit submitted in opposition to the motion that facts esse...

Excerpt: ... 066232 Case Nam< 0300030003[<000300030003002f004400 004700440003[ Owners Association, Inc. v. Levin, et al. MP: Judgment Creditor/Plaintiff La Madrugada Owners Association, Inc. (Fees) Judgment Debtor/Defendant Boris Levin (Tax) RP: Judgment Debtor/Defendant Boris Levin (Fees) (No Opposition) Judgment Creditor/Plaintiff La Madrugada Owners Association, Inc. (Tax) RULING: Defendant's Motion to Tax Plaintiff's Memorandum of Costs is MOOT. It is di...

Excerpt: ...: <00030037004b0048000300 00560003004600520051[sidered all of the evidence. The Court finds the declaration submitted by the process server credible with respect to the address being a usual place of mailing for defendant, particularly in light of the failure of defendant to submit a declaration of the person actually served. Thirty days to file responsive pleading. Demurrer to First Amended Complaint is OVERRULED. Motion to Strike is GRANTED as ...

Excerpt: ...sition]. Motion to Strike the Answer of Supercar Engineering, LLC is DENIED. Motion to Strike the Answer of Defendant Allegria Estates, LLC is granted with leave to amend to permit defendant to effect reinstatement. Defendant Allegria Estates, LLC must file an amended answer and achieve re-instatement with the Department of Corporations within 60 days, or the motion is granted and the answer will be stricken automatically 60RELIEF REQUESTED: Stri...

Excerpt: ...via (1 Motions) Defendant Pauline White (Enforce Liability) SUMMARY OF FACTS: Plaintiff the City of Monrovia alleges that unpermitted grading and construction activity is taking place on property owned by defendant Pauline White, and seeks to enjoin that activity. Defendant White has filed a cross-complaint against the City seeking indemnity, and alleging various causes of action, including for abuse of process, trespass, and violation of her Fou...

Excerpt: ...nia dba Providence Saint Joseph Medical Center Responding Party: Plaintiff Babak Mobin (No Opposition) CHRONOLOGY <0029004800450055005800 001500130014001b0019[ <0031005200030035004800 00360048005500590048[d <0003002400530055004c00 001b[ ANALYSIS: 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 produce...as well as any obje...