Excerpt: ...i 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 amending the partnership agreement to include Horton as a partner in the business. In March of 2017, the written agreement was again amended, with defendant Quintana agreeing to eliminate all contact wit...

Excerpt: ...t State Farm Mutual Automobile Insurance Company and against plaintiff Key Equity Group, Inc. In the alternative, summary adjudication of first cause of action, second cause of action and punitive damages Causes of Action from Complaint 1) Breach of Contract v. All Defendants 2) Breach of Implied Covenant of Good Faith and Fair Dealing v. All Defendants 3) Conversion v. Ford 4) Violation of the Automobile Sales Finance Act v. Ford 5) Violation of...

Excerpt: ...a Second Amended Complaint Date Original Complaint filed: October 22, 2019 Effect of Amendment Adds cause of action for negligence, deletes references to Omni Brand Limited Partnership, based on settlement and dismissal of that party RELEVANT FACTS: Plaintiff Southwest Regional Council of Carpenters (“SWRCC”), a labor organization, and its employee, Jason Green, allege that while the SWRCC was conducting a picket in front of the building loca...

Excerpt: ...dds new allegations related to recently discovered fraudulent transfer, adds a new party, 1432 Avetikian Family Trust and adds a new cause of action for fraudulent transfer. RELEVANT FACTS: This is an action brought by plaintiff Calculated Risk Analytics LLC dba Excelerate Capital alleging that defendants engaged in loan fraud with respect to transactions involving residential real property located on Rutherford Drive in Pasadena. GROUNDS FOR REL...

Excerpt: ... ACTION FROM THE First Amended Complaint 1) Negligence (Count I) 2) Negligence (Count II) 3) Breach of Contract (Count I) 4) Breach of Contract (Count II) 5) Breach of Implied Covenant to Perform Work in a Competent Manner 6) Violation of Business & Professions Code section 7160 7) Recovery on License Bond 8) Negligent Misrepresentation 9) Inverse Condemnation SUMMARY OF FACTS: Plaintiffs Sarkis Atyemizian and Silva Atyemizian allege that they ar...

Excerpt: ...ogation 2) Express Indemnification SUMMARY OF FACTS: Plaintiff National Union Fire Insurance Company of Pittsburgh, PA seeks subrogation from defendants City of Pasadena and Rose Bowl Operating Company, alleging that as a result of defendants' negligence, and wrongful acts and omissions, plaintiff paid $5,000,000 to settle a separate action brought against its insureds, non-party American Golf Corporation, and the City. The underlying action was ...

Excerpt: ...gence 5) Premises Liability SUMMARY OF FACTS: Plaintiff Wyatt Donaldson, a minor, through his GAL, alleges that plaintiff is a special-needs student who attended Brainard Elementary School in Los Angeles, which was owned and operated by defendants City of Los Angeles and Los Angeles Unified School District. The complaint alleges that on March 5, 2019, plaintiff's mother, Amber Otte, picked up plaintiff from school and noticed that plaintiff had b...

Excerpt: ...that on July 9, 2019, plaintiff insured Tia Gladys Mexican Restaurant in San Gabriel, and that on that date defendant Abdelhak Saoud negligently drove his vehicle into the insured restaurant, resulting in property damage and loss of income, for which plaintiff insurer has incurred $84,825.68 in losses paid to its insured. The complaint seeks to have the losses sustained by the insured shifted from plaintiff to defendant, who was responsible for t...

Excerpt: ...No. 1 Summary adjudication as to the cause of action for express indemnity in the cross-complaint Summary adjudication as to the claim for negligent entrustment in the first cause of action for negligence Motion No. 2 Summary adjudication of the causes of action for negligence, implied indemnification and contribution Summary adjudication of cause of action for declaratory relief Causes of Action from Cross-Complaint 1) Negligence 2) Contractual ...

Excerpt: ...ined an order from this court establishing compliance with the Court's December 18, 2020 order, or, in the alternative, striking and dismissing the fourth category of “trade secrets” from Saint-Gobain's Third sic (Fourth) Amended Trade Secret Disclosure FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Saint-Gobain Performance Plastics Corporation alleges that defendant Tuan La is a former employee who worked as the District Sales manager for the t...

Excerpt: ... Summons and Complaint __X__ Notice of Application & Hearing (CCP § 484.050) __X__ Application for Writ and all declarations or affidavits in support of motion (CCP §484.020) __X__ Proof of Service GROUNDS FOR MOTION Claim is one on which an attachment may be issued [Attachment may only be issued in an action on a claim for money based upon a contract, express or implied, where the total amount of the claim is a fixed or readily ascertainable a...

Excerpt: ...19, October 23, 2019 and July 16, 2020. FACTUAL BACKGROUND: The City of Bradbury has filed this action based on a Petition for Appointment of Receiver and for Other Relief pursuant to Health and Safety Code section 17980.7, alleging that residential property on Barranca Road in Bradbury is in such a state of disrepair and neglect that it is a substantial threat to the health and safety of its occupants and the nearby community. The petition alleg...

Excerpt: ...ts City of Burbank (“City”) and Mark Scott, the City Manager for the City, (“City Manager”) to set aside the Decision of the City Manager terminating plaintiff. Plaintiff also seeks remedies for alleged violations of the Public Safety Officers Procedural Bill of Rights Act (“POBRA”) and alleged violations of civil rights. The court has read and considered all moving papers, opposition papers, supplemental papers, and reply papers and ...

Excerpt: ...t Digital Videostream, LLC. The Employment Agreement between the parties provided for the arbitration of any controversy, dispute or claim between the parties, at the request of either party. The parties stipulated to binding arbitration through their counsel and on September 24, 2018, the court ordered that all causes of action in this matter be submitted to binding arbitration pursuant to the parties' October 12, 2017 Employment Agreement. [Ex....

Excerpt: ... owns real property in San Gabriel, that the owner of the loan is Freddie Mae, the servicer of the loan is Wells Fargo, and the subject property was set for foreclosure sale on September 27, 2018. The SAC alleges that defendant Barrett Daffin Frappier Treder & Weiss, LLP is the trustee for purposes of the auction of the subject property. Plaintiff alleges that on September 8, 2018, plaintiff submitted a first lien loan modification request for th...

Excerpt: ...intiff presented to defendant Leisure Glen Post Acute Care Center for post-surgical care and rehabilitation following a spine surgery. Plaintiff alleges that within four days of beginning her stay at defendant's care facility, one of the nurses was attempting to take plaintiff to the restroom when the nurse negligently dropped plaintiff onto the floor causing plaintiff to sustain further injury. The complaint alleges that plaintiff was required t...

Excerpt: ...rder requiring petitioners/defendants to pay a fine of $1,000 as to Jonathan C. Rosen, Esq. SUMMARY OF FACTS: Plaintiff Arturo Aguilar brought this action against his former attorney defendant Jonathan C. Rosen, and Rosen's law firms, defendants JCR Law Group, Inc., and Law Offices of Jonathan C. Rosen, alleging that defendants failed to defend plaintiff in an underlying criminal matter with diligence and competence. Specifically, plaintiff alleg...

Excerpt: ...alleges that it provides long distance telephone service to wholesalers who purchase prepaid minutes from plaintiff and then sell the minutes to other wholesalers or individuals for profit. Plaintiff alleges that defendants David Shternberg, Alon Ben Isreal, Eval Mezin, Simple USA, LLC and Talksimple, Inc. were in the business of purchasing prepaid minutes from a dealer like plaintiff and selling them to persons wishing to buy minutes or to other...

Excerpt: ...eedings 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 (“Cha...

Excerpt: ... CCP section 425.16 in the sum of $17,755 SUMMARY OF FACTS: Plaintiff BLT alleges that in 2012, it hired defendants Juliane LaMarche and Richard Sankey to head up a digital media division of its limited liability company, entering into an “at will” employment agreement pursuant to which defendants would develop and build the digital media department of BLT, utilizing 10-15 existing and new employees of BLT. Plaintiff alleges that during this ...

Excerpt: ... interest, costs CAUSES OF ACTION: from First Amended Complaint 1) Wrongful Death v. All Defendants 2) Negligence v. All Defendants 3) Elder/Dependent Adult Abuse v. North Los Angeles County Regional Center and Roman Entire Agency SUMMARY OF FACTS: Plaintiff Sherman Pore alleges that he is the father and successor in interest to decedent Howard Pore. The complaint alleges that on May 31, 2019, decedent was entitled to receive 16-hour care by defe...

Excerpt: ...uests for Production of Documents CHRONOLOGY Date Discovery served: November 12, 2020 Date Responses served: December 17, 2020 (not clear) Date Motion served: March 22, 2021 Timely, Extension Ex. H FACTUAL BACKGROUND: Plaintiff Shake Rubyan alleges that in October of 2018, plaintiff arrived at the facilities of defendant Physician Surgery Center at Glendale Adventist, LLC (“Surgery Center”) for outpatient colonoscopy and endoscopy medical ser...

Excerpt: ...d Complaint 1) Breach of Contract SUMMARY OF COMPLAINT: Plaintiff JR Fueling, Inc. alleges that in April of 2012 it entered into a written agreement with defendant Level Oil Corporation and that in April of 2018 defendant breached the agreement by unreasonably withholding its consent to assignment of a lease to a proposed assignee who was financially qualified to pay and perform all of tenant's obligations under the lease. The First Amended Compl...

Excerpt: ...ok Overseas Co. alleges that between June of 2017 and April of 2018 it entered into a written contract with defendants KL Global International Corp. and Kevin Liao for the purchase of goods, consisting of textiles. Plaintiff alleges that the contract consists of invoices, packing lists, and related shipping documents, and that the terms include full payment within thirty days of delivery with an inspection period of thirty days after delivery for...

Excerpt: ...Two), Nos. 1 and 2 FACTUAL BACKGROUND: Plaintiff Akrah Ab, a minor, through his GAL, Adrineh Gharibiansaki, alleges that while plaintiff was enrolled in a private music course at defendant Melody International Music School, Inc. from April through July of 2018, defendant Harmik Haghverdian, who was entrusted by defendant Melody with the supervision and care of plaintiff during the private music course, improperly and repeatedly touched, harassed,...

Excerpt: ...ing from fraud, and causes of action remedial for the specific harm alleged, damages to trees, and provides a clear formula for calculating damages. RELEVANT 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 Maria Allahverdian, the owners of property located at 658 Robin Glen Drive in Glendale, in June of 2017 hired gardeners and instructed the...

Excerpt: ...laint Strike Punitive Damages CAUSES OF ACTION: from Complaint 1) Breach of Contract (Bailment) 2) Conversion 3) Injunctive Relief 4) Fraud (Deceit) FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Joey Tiongson alleges that he and defendant Jack Diramarian had been friends for most of their lives, and that in 2015, plaintiff agreed to allow defendant Diramarian and the business entity defendant Scientific Automotive to possess plaintiff's 1989 Porsc...

Excerpt: ...tract 2) Breach 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 a...

Excerpt: ...t Amended Complaint RELEVANT FACTS: Plaintiff Huntington Oaks Delaware Partners, LLC alleges that it is the owner of certain premises in Monrovia, and that in August of 1984, plaintiff's predecessor in interest and defendants' predecessor in interest entered into a written lease agreement for the rental of the subject premises. The complaint alleges that plaintiff has acquired the lessor's interest in the lease and defendant B.J.'s Pizza, Incorpo...

Excerpt: ...ion on behalf of his client, Jiang Qi, alleging that Bluestar Express Group, Inc. had required Qi to work 24 hours a day and seven days a week at a trucking warehouse, requiring Qi to work whenever a truck came in, paying him no overtime, giving him improper breaks, and otherwise violating the Labor Code. In addition to Bluestar, Qi's complaint in Qi v. Bluestar named Yidan Zhang as an individual defendant, alleging that Bluestar was a sham corpo...

Excerpt: ...LIEF REQUESTED: Appointment of Receiver SUMMARY OF FACTS: The complaint is brought by the People of the State of California, by and through Karl H. Berger, City Attorney for the City of Monterey Park against the heirs or devisees of Mary C. Perez and various other defendants, for nuisance abatement and appointment of a receiver pursuant to Health & Safety Code section 17980.7. The complaint alleges that Mary C. Perez, was the owner of improved pr...

Excerpt: ...Glendale Adventist Medical Center (Seal) (No Opposition) Plaintiff Shake Rubyan (Demurrers and Motions to Strike) RELIEF REQUESTED: Seal Order allowing the filing of record and materials under seal Glendale Adventist Sustain demurrer to first, fourth and fifth causes of action of First Amended Complaint Strike Punitive Damages, allegations of recklessness Physician Surgery Center Sustain demurrer to First Amended Complaint Strike allegations subj...

Excerpt: ...in favor of defendant Make-Up Artists & Hair Stylists Guild—IATSE Local 706. In the alternative, summary adjudication of one or more causes of action or claims for damages. Order deeming plaintiff Alicia M. Tripi a vexatious litigant. Causes of Action from First Amended Complaint 1) Retaliation for Filing Discriminatory Complaint in Violation of Government Code section 12940(H) 2) Age Discrimination 3) National Origin Discrimination* 4) Sex Dis...

Excerpt: ...xhibit A] RELIEF REQUESTED BY MOVING PARTY: Order compelling plaintiff Long Z. Liu to appear for deposition CHRONOLOGY Date NOTICE OF DEPOSITION served: February 9, 2021 Date of Deposition (10-day lapse): February 25, 2021 ok Date Motion Served: March 3, 2021 FACTUAL BACKGROUND: Plaintiff Long Z. Liu alleges that in April of 2014 plaintiff and defendant Landwin Investments, LLC entered into a lease agreement for property in San Gabriel which was ...

Excerpt: ...Raipp (No Opposition) Relief Requested: Summary judgment, or in the alternative, summary adjudication, against Christine Charlier aka Christine Ramos aka Christine Raipp Causes of Action from Complaint 1) Breach of Contract 2) Common Count SUMMARY OF COMPLAINT: 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 e...

Excerpt: ...aint 1) General Negligence 2) Premises Liability Count One—Negligence Count Three—Dangerous Condition of Public Property SUMMARY OF FACTS: Plaintiff Gunner Guzman, through his GAL, alleges that in April of 2018, defendant Duarte Unified School District negligently maintained, inspected, repaired, managed, supervised and controlled the playground at Royal Oaks Stream Academy, as a result of which plaintiff slipped and fell at the premises, res...

Excerpt: ...he was terminated in June of 2010 from his position as a police officer with defendant the City of Burbank Police Department, based on an investigation of an incident occurring during a take-over robbery by MS 13 gang members of the Portos Bakery in Burbank, with respect to concerns that an unknown officer had assaulted a witness in a police department hallway and another officer had witnessed the incident and failed to report it. Plaintiff alleg...

Excerpt: ...s International, LLC alleges that it is the successor in interest to L.A. Fitness, Inc. with respect to a Lease agreement with defendant Hillcrest Main Street Associates, L.P., the owner of real property and building improvements in Alhambra, pursuant to which plaintiff, as tenant, leased the subject premises for the operation of a full-service health club and fitness facility. Plaintiff alleges that in the Lease defendant landlord represented th...

Excerpt: ...eges 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”), inserted a dildo into plaintiff's anus over his clothing, causing plaintiff immediate pain. Plaintiff alleges that this incident occurred while the students were in a Spanish class during the time between periods, with permission to be in the classroom, and while the teacher sa...

Excerpt: ...: Plaintiff Poonsook Brainangkul alleges that she is the owner of real property in Glendale where she resides as her principal residence. Plaintiff alleges that in July 2015, she submitted a loan modification application to defendant Select Portfolio Servicing, and was approved for a trial period plan, pursuant to which she would make three timely payments and thereafter her loan would be permanently modified. Plaintiff made all three payments, d...

Excerpt: ...o. 12.1 Further Responses to Special Interrogatories, Set One Further Responses to Request for Production, Set No. One from plaintiff Paul Carney Points & authorities supporting sanction: yes CHRONOLOGY Date Discovery served: March 22, 2020 Date Responses served: June 29, 2020 Date Motion served: March 12, 2021 Meet and Confer? Ok FACTUAL BACKGROUND: Plaintiffs allege that decedent John A. McGinnis was an elder as that term is defined in Welfare ...

Excerpt: ...(Quash) (No Oppositions) RELIEF REQUESTED: Further Responses to Form Interrogatories, Special Interrogatories Order quashing or modifying subpoenas for records FACTUAL BACKGROUND Plaintiff Jane CS Doe alleges that while plaintiff was a student at South Pasadena Middle School, under the care of defendant South Pasadena Unified School District, plaintiff was sexually harassed, molested and abused by defendant Deguzman, whom the District had hired t...

Excerpt: ... 2019, October 23, 2019 and July 16, 2020. FACTUAL BACKGROUND: The City of Bradbury has filed this action based on a Petition for Appointment of Receiver and for Other Relief pursuant to Health and Safety Code section 17980.7, alleging that residential property on Barranca Road in Bradbury is in such a state of disrepair and neglect that it is a substantial threat to the health and safety of its occupants and the nearby community. The petition al...

Excerpt: ...rly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc. Poonsook Brainagkul Request to Procedural Requirements of Motion [CRC Rule 3.350]:...

Excerpt: ...ED: Order allowing the filing of record and materials under seal Sustain demurrer to first, fourth and fifth causes of action of First Amended Complaint Strike Punitive Damages, allegations of recklessness CAUSES OF ACTION: from First Amended Complaint 1) Violation of 42 USC section 1395dd—Failure to Provide Medical Screening Examination 2) Violation of 42 USC section 1395dd—Failure to Stabilize And/Or Transfer 3) Violation of California Heal...

Excerpt: ...y 27, 2021 Demurrer filed on: March 22, 2021 Pleading served on: January 27, 2021 within 30 days?: Ok, Meet and confer decl. 2/18/21 Meet and Confer? Yes RELIEF REQUESTED: Sustain demurrer to Third Amended Complaint Strike irrelevant, immaterial allegations, Statutory Damages, Special Damages, Attorneys' Fees, Punitive Damages CAUSES OF ACTION: from Third Amended Complaint 1) Conversion (Count One) 2) Conversion (Count Two) SUMMARY OF FACTS: Plai...

Excerpt: ...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 under written Lease Agreement between The Daniel Mellinkoff Trust Dated June 9, 1995 and defendant Yi Dong Seafood Restaurant, Inc. for the lease of premises in Pasadena, which lease was guaranteed by defendant Se...

Excerpt: ...ignee of claims from its assignor Medico Linen Supply for debts due by defendants Arturo Perez Cedillo, individually and dba Massage Plus Company, and Kanitta Srikong, individually and dba Massage Plus Company. The complaint seeks sums in the amount of $48,918.16. The file shows that on September 30, 2020, plaintiff filed a Request for Entry of Default of defendant Kanitta Srilong, which was entered as requested the same date. ANALYSIS: Defendant...

Excerpt: ...matter is improperly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc. Poonsook Brainagkul Request to Procedural Requirements of Motion ...

Excerpt: ...that in August of 2018 plaintiff commenced construction work at property in Monrovia, title of which is held by the Rachelle K. Stull 2014 Revocable Trust, of which defendant Rachelle K. Stull is the trustee. Plaintiff alleges that the subject property was originally purchased at the request of Stull by defendants Michael Scott Dowell and Julia L. Dowell, who are husband and wife, and are the beneficiaries of a deed of trust recorded against the ...