Excerpt: ...g Party: Defendant Xiao Qing Yang, in pro per (No Opposition) RULING: Plaintiff Bi Qin Cheng's Motion to Compel Further Responses from Defendant Xiao Qing Yang to Plaintiff Bi Qin Cheng's Form Interrogatories—General (Set No. One) is GRANTED. Defendant Xiao Qing Yang is ordered to serve further complete responses to Form <001300110019000f000300 0048000f0003005a004b[ich provide all information requested, within ten days. Further responses to be ...

Excerpt: ... it received no timely opposition to the motion to compel, as required by CCP § 1290.6. Accordingly, pursuant to CCP §1290, the allegations of the motion are deemed to be admitted by plaintiff. The court finds that an agreement to arbitrate the controversy exists, that there is no showing that there has been any waiver of the right to compel arbitration, and no showing that the agreement has been revoked or that grounds exist for revocation of ...

Excerpt: ...aterial facts which do or do not create a triable issue of controversy: Defendant Rolcom, Inc.'s Motion for Summary Judgment, or, In the Alternative, Summary Adjudication is DENIED. Plaintiff has pointed to reasonable competing inferences supported by the evidence submitted with the moving papers which suggest that moving defendant's involvement in the project was not strictly limited to duties which did not involve electrical services, or the re...

Excerpt: ...er Mas RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Defendant Sentinel's Motion for Summary Judgment is DENIED. Triable issues of fact remain with respect to whether defendant breached the subject policy and the implied covenant of good faith and fair dealing by failing to provide a defense of the Mas case, and defendant has failed to establish the exhaustion of policy limits under Hartford Acciden...

Excerpt: ...ty: Plaintiff Royal Health Homecare Agency, Inc. RELIEF REQUESTED: Order imposing sanctions against Plaintiff Royal Home Healthcare Agency, Inc. and its counsel of record FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Royal Home Healthcare Agency, Inc. alleges that its former employee, defendant Remil Charmaine Gonzalez, used her access to plaintiff's information to illegally steal plaintiff's client and employee lists for the benefit of defendant ...

Excerpt: ...corporates by reference all previous allegations, so that all causes of action are embraced by the appeal, and it appears from the opposition that defendant intends to bring cross-claims, which in turn would involve all five causes of action as well. RELIEF REQUESTED: Order granting relief from stay of litigation SUMMARY OF FACTS: Plaintiff Navigators Specialty Insurance Company alleges that it paid more than $1 million to defend and settle an ac...

Excerpt: ... <0003000300030003000300 00030003002400560056[ociation, Inc. (Fees) Judgment Debtor/Defendant Boris Levin (Tax) Responding Party: Judgment Debtor/Defendant Boris Levin (Fees) Judgment Creditor/Plaintiff La Madrugada Owners Association, Inc. (Tax) RELIEF REQUESTED: Tax Order Taxing Memorandum of Costs Fees Order awarding post-judgment attorneys' fees, costs and interest FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Madrugada Owners Association, Inc...

Excerpt: ...ntry of Judgment or 180 after entry of judgment) Moving Party: Plaintiffs Rafi M. Khan and Rubina R. Khan Responding Party: Defendants Bayview Loan Servicing, LLC and Bank of New York, as Trustee RULING: Plaintiff Rafi and Rubina Khan's Motion for Attorney's Fees and Costs is DENIED for the reasons stated in the opposition in connection with the repeal of the statutory rights on which plaintiffs rely. Defendants' UNOPPOSED Request for Judicial No...

Excerpt: ...intiffs Angelique Avery, Adolphus Jones and Scott Ross (Demurrers) No opposition (Consolidate) RELIEF REQUESTED: Sustain demurrer to First Amended Complaint MEET AND CONFER? Yes CAUSES OF ACTION: From First Amended (Form) Complaint 1) General Negligence 2) Motor Vehicle 3) Products Liability SUMMARY OF FACTS: Plaintiffs Angelique Avery, Adolphus Jones and Scott Ross allege that in September of 2014 they were passengers in a train when it collided...

Excerpt: ...ff Antranik Kevorkian, in pro per RELIEF REQUESTED: Sustain demurrer to Second Amended Complaint MEET AND CONFER? Yes, Ex. A CAUSES OF ACTION: From Second Amended Complaint 1) Violation of Fourth Amendment to the U.S. Constitution 2) Violation of Fourteenth Amendment to United States Constitution SUMMARY OF FACTS: Plaintiff Antronik Kevorkian filed this action in pro per, alleging that in August of 2014, plaintiff went to the Altadena sheriff's d...

Excerpt: ...ntiff Jean E. Pierre RULING: UNOPPOSED Demurrer to Complaint is SUSTAINED WITH LEAVE TO AMEND for the reasons stated in the moving papers, limited to one opportunity to amend given that it is highly unlikely that plaintiff will be able to state a cause of action against this moving defendant. Ten day leave to amend, if possible. (It appears doubtful that any cause of action to void and cancel a trust deed in which this defendant holds no interest...

Excerpt: ...enter Co., Inc. (Compel) <0003000300030003000300 00030003000300030003[ Fitzmaurice & Denergian (Relieved) Responding Party: Defendant Oasis Growth Partners, LLC, et al. (No Opposition) 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,...

Excerpt: ...America, Inc. (GFS) <0003000300030003000300 00030003000300030003[<0044005100570056000300 00560010002600520050[plainants Gas Product Sales, LLC, GAAP Gas Controls, Inc., and Harsharan S. Grewal (Contest) RESPONDING PARTY: (Reciprocal Motions) RULING: Geeton America, Inc.'s Application for Determination of Good Faith Settlement is GRANTED. The court determines that the settlement entered into by plaintiff and defendant/cross-complainant/cross- defe...

Excerpt: ...lve) <0003000300030003000300 00030003000300030003[ Defendant Remil Charmaine Gonzalez (Demurrer) <0003000300030003000300 00030003000300030003[ “Joinder” filed by defendants Noho Home Health and Bella Aslanova (Demurrer) Responding Party: Defendants Noho Home Health and Bella Aslanova (Dissolve) Plaintiff Royal Health Homecare Agency, Inc. (Demurrer) RELIEF REQUESTED: Dissolve protective order and stay on discovery Sustain Demurrer to First, S...

Excerpt: ...D CONFER? Yes CAUSES OF ACTION: From Fourth 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...

Excerpt: ...na Turk RULING: Defendant R&D Promos, LLC's Demurrer to Complaint is OVERRULED. Ten days leave to amend the third cause of action). Defendant R&D Promos, LLC's Motion to Strike Portions of Plaintiff's Complaint is DENIED. Ten days to answer. Meet and Confer? No RELIEF REQUESTED: Sustain demurrer to Complaint Strike Punitive Damages CAUSES OF ACTION: from Complaint 1) Assault 2) Battery 3) IIED 4) Negligence SUMMARY OF FACTS: Plaintiffs Dona Turk ...

Excerpt: ... leave to file a first amended complaint is granted. Plaintiff has failed to lodge the proposed pleading separately and therefore is ordered to provide a separate, signed, copy of the proposed pleading by 4:00 p.m. this date, at which time the amended pleading will be deemed filed and served. RELIEF REQUESTED: File a First Amended Complaint CONTENTS OF MOTION: (CRC 3.1324(a)) Copy of the proposed amendment served on all parties? (CCP §471.5): Ye...

Excerpt: ...berts (No Opposition) RELIEF REQUESTED: Order awarding evidentiary sanctions and monetary sanctions against plaintiff Kevin Roberts. RULING: [No opposition] UNOPPOSED Motion for Evidentiary Sanctions is continued to August 10, 2018, at 9:00 a.m. Plaintiff has failed to comply with this court's order of January 26, 2018, requiring plaintiff to provide responses to interrogatories, and to provide responses to requests for production of documents. I...

Excerpt: ...ss-Defendant William H. Schellbach, D.D.S. Responding Party: Defendant and Cross-Complainant Hoosik Najarian, D.D.S. RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Motion for Summary Judgment on the Cross-Complaint and for Summary Adjudication on the First Cause of Action and Second Cause of Action in the First Amended Verified Complaint is GRANTED. The court has reviewed the executed written agreeme...

Excerpt: ... Truong Name of Deponent: To Nu To-Nga Truong Status of Deponent: Third party witness RULING: General Electric Company's Motion to Compel Answers and Further Responses from Non-Party Witness To Nu To-Nga Truong is GRANTED in part and DENIED in part. The deponent, To Nu To-Nga Truong, is ordered to give answers to the subject questions on the resumption of the deposition, to take place on or before July 27, 2018. The court notes the questions appe...

Excerpt: ...s to Special Interrogatories, Set One and Form Interrogatory 15.1 Further Responses to Plaintiff's Request for Production of Documents, Set One, Requests 40-46 CRC separate statement, etc.: ok DECLARATION SUPPORTING MOTION: <0003000300030003000300 00030003000300030003[ ok Reasonable and good faith attempt to resolve informally: ok, Exhibits 12-22 FACTUAL BACKGROUND Plaintiff Heather Lehr alleges that on April 4, 2017, she was standing on a sidewa...

Excerpt: ...ulings and Motion as Void/Voidable are subject to the automatic stay, so the motion is GRANTED as to those pending motions, and the hearings on those motions are stayed until the full resolution of the appeal. As to the Motion to enforce liability on civil deposit and for a court order directing defendant to pay interest on amount of bond for delay caused by appeal filed by defendant, and the Motion to tax costs, the motion to stay these two matt...

Excerpt: ...ice of Summons is GRANTED. Plaintiffs have failed to establish by a preponderance of the evidence that it is appropriate for this court to exercise specific jurisdiction over defendants. Plaintiffs have established the existence of only one contract, which they concede was entered in Nevada, with California residents to provide shipping services to a California address at the direction of the residents, and one phone call to obtain billing inform...

Excerpt: ...ubmitted by defendants. The court's previous tentative ruling dated June 22, 2018 becomes the order of the court. Defendants' Request for Judicial Notice in Reply is GRANTED. As to Exhibits A-G, the recorded documents, the court has taken notice only of the fact of each recorded document's recording, the date each document was recorded and executed, the parties to the transaction reflected in the recorded document, the document's legally operativ...

Excerpt: ...��Southern California dba Providence Saint Joseph Medical Center for Order Establishing That Second Set of Request for Admission of Facts and Genuineness of Documents be Deemed Admitted Against Plaintiff Babak Mobin is GRANTED. Plaintiff has failed to serve timely responses substantially complying with the provisions of CCP § 2033.220 prior to the hearing on this motion. The court therefore orders that all matters specified in the Second Set of ...

Excerpt: ...Office, L.P., CFO BC, LLC, and Suretec Insurance Company RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Motion for Summary Judgment is DENIED. Plaintiff has failed to meet its initial burden on this motion, as it has failed to appropriately support the sum being claimed. The interest calculation fails to indicate on what basis the rate is sought, or why it is calculated from July 8, 2016 through Sept...

Excerpt: ...pment Inc. and Greg Astorian (Jury Trial) Plaintiff MGN Five Star Cinema, LLC (Sanctions) RULING: Plaintiff's Motion for Allowance of a Jury Trial is again DENIED, as an untimely and improper motion for reconsideration of this court's September 12, 2017 order denying an ex parte application for the same relief, based on papers making the same arguments and citing the same legal authority, which order has in fact already been affirmed and been fou...

Excerpt: ...Arutyun Modayan (No Opposition) RULING: [No opposition] Application for Writ of Possession and Application for Writ of Attachment are DENIED WITHOUT PREJUDICE. Plaintiff has failed to establish that defendant has been served with the summons, complaint or moving documents as required by CCP section 484.040. Or, if proof of service shown, Application for Writ of Possession is granted. The Court finds that plaintiff has established the probable val...

Excerpt: ...tion §16504 (b), said charging order constitutes a lien on a judgment debtor's transferable interest in the partnership, including the real property held in constructive trust pursuant to the partnership agreement, as described in the judgment in this matter. Said lien applies up to the amount of the judgment of $172,600.00 with interest thereon at the rate of ten percent (10%) per annum accrued to the date of payment. RELIEF REQUESTED: Orde...

Excerpt: ... Plaintiffs Anthony Siracusa and Mitzi Siracusa RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Defendant's Motion for Summary Judgment, or in the Alternative, Summary Adjudication, is GRANTED. Defendant has submitted evidence that since the recording of the Notice of Default and Notice of Trustee's Sale, and the alleged violations of the HBOR in this matter, defendant has completed a loan modificatio...

Excerpt: ...Summary judgment in favor of defendant Alex Terzibachian Moving Party: Defendant Wesley Lewis Defendant Nima Sadeghi Defendant Alex Terzibachian Responding Party: Plaintiffs Maria Serrato, Joseph Serrato and Armando Villa Causes of Action from Second Amended Complaints 1) Negligence SUMMARY OF COMPLAINT: The lead action in this matter is brought by plaintiffs Maria Serrato and Joseph Serrato who allege that they are the mother and stepfather and ...

Excerpt: ...0300160013000f000300 1500130014001b[ Within 60 days?: ok Hearing date (within 30 days of service, or docket conditions): ok Moving Party: Defendants Vaghashia Family Limited Partnership, <000300030003002a005200 004b00440056004b004c[a and Sonal Vaghasia Responding Party: Plaintiff Rakesh Kothari RULING: Defendants Vaghashia Family Limited Partnership, Govind Vaghashia and Sonal Vaghasia Special Motion to Strike Plaintiff's Fifth and Tenth Causes o...

Excerpt: ... Name of Client: Cross-complainant Issachar Shabtay (No Opposition) Correct address in proof of service? (CCP §§1013, 1013a) Client: ok Other parties: ok 16/+5 day lapse? (CCP §1005(b)) ok RELIEF REQUESTED: Order permitting attorney to be relieved as attorney of record in this action GROUNDS FOR MOTION: Failure of client to provide information necessary to prosecute cross-complaint, failure to abide by terms of attorney-client fee agreement DE...

Excerpt: ...to Compel Arbitration and Stay Litigation is MOOT in light of the dismissal of this party from this action on April 10, 2018. As to the “joining” co-defendants, the joinders are DENIED WITHOUT PREJUDICE with respect to compelling arbitration, as those parties have not established to the satisfaction of the court that an agreement to arbitrate the controversy as to those parties exists. The joinders to the extent requesting STAY of this action...

Excerpt: ...atories, Set One: The court WILL NOT CONSIDER the motion as it is untimely, having been filed and set to be heard beyond the 15 th day before the date initially set for the trial of the action. The order continuing trial in this matter did not reopen discovery beyond that agreed to by the parties in their written stipulation submitted to the court, pursuant to which discovery was reopened only to conduct two depositions, those of plaintiff Consta...

Excerpt: ...ank Responding Party: Plaintiff Maria Fuentes RULING: Motion to Expunge Notice of Pendency of Action (“Lis Pendens”) is DENIED. The court finds that the argument made by plaintiff Maria Fuentes, as well as matter apparent from the Request for Judicial Notice submitted by defendants, establishes by a preponderance of the evidence the probable validity of plaintiff's real property claim that the trustee's sale was conducted based on a questiona...

Excerpt: ...Issachar Shabtay (No Opposition) Correct address in proof of service? (CCP §§1013, 1013a) Client: ok Other parties: ok 16/+5 day lapse? (CCP §1005(b)) ok RELIEF REQUESTED: Order permitting attorney to be relieved as attorney of record in this action GROUNDS FOR MOTION: Failure of client to provide information necessary to prosecute complaint, failure to abide by terms of attorney-client fee agreement DECLARATION BY MOVING ATTORNEY [CRC 3.1362 ...

Excerpt: ...nant Xiao Qing Yang (No Opposition) RULING: [No Opposition] Plaintiffs/Cross-Defendants' Bi Qin Cheng and Chang Zheng Zou's Motion to Strike Defendant/Cross-Complainant Xiao Qing Yang's Cross-Complaint is DENIED. While the subject cross-complaint was not appropriately filed before or at the time of the filing of the answer, and without advance leave of court, the court notes that the pleading was evidently served on the moving parties, and the co...

Excerpt: ...D. The court in its discretion has considered Marcus Johns' Opposition to the motion as well as Los Angeles Engineering, Inc.'s Joinder and Supplemental Opposition, despite the fact that they were untimely filed with the court, only because they were timely served. Marcus Johns and Los Angeles Engineering, Inc. are cautioned that the court may in the future decline to consider papers not filed within the mandatory statutory deadlines. The court i...

Excerpt: ...ff Tejas Morlibhai Choski (No Opposition) Correct address in proof of service? (CCP §§1013, 1013a) Client: ok Other parties: No POS 16/+5 day lapse? (CCP §1005(b)) ok 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 re...

Excerpt: ...ction on June 6, 2018, after the filing of the demurrer, but two court days after the date for filing an opposition to the demurrer. Under CCP § 472: “(a) A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before the demurrer is heard if the amended complaint, cross-complaint, or answer is filed and served no later than the date for filing an oppos...

Excerpt: ...am Recinos, and Alan Isaac Orellana-Recinos and Aaron Isaiah Orrellana-Recinos, through their GAL RULING: Demurrer is OVERRULED to the first cause of action for interference with easement, second cause of action for Bane Act violation, and third cause of action for assault. Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND to the fourth cause of action for violation of Penal Code § 422.6. Request for Judicial Notice is DENIED, as the moving party has...

Excerpt: ...ty: Defendant City of Burbank (Protective Order) <0003000300030003000300 000300030033004f0044[intiff Nick Nichols (Compel Discovery) Responding Party: Plaintiff Nick Nichols (Protective Order) <0003000300030003000300 00030003002700480049[endant City of Burbank (Compel Discovery) RELIEF REQUESTED: Protective order as to the following discovery: Depositions and documents of defendant Mark Scott and PMQ of City of Burbank Form Interrogatories—Empl...

Excerpt: ...ermayne L. Shannon and David A. Knight's Demurrer to First Amended Cross-Complaint of Lorna Willard is OVERRULED as to the first cause of action for breach of contract as to cross-defendant Pasadena Market Center, Inc. dba Keller Williams Realty only. The demurer to the first cause of action as asserted against cross-defendants Jermayne Shannon and David Knight is SUSTAINED WITHOUT LEAVE TO AMEND, as these individuals are not parties to the alleg...

Excerpt: ...erossa, et al. Relief Requested: Summary judgment in favor of defendants Ingenious Asset Group, Inc. and Porter Ranch Properties, LLC Moving Party: Defendants Ingenious Asset Group, Inc. and Porter Ranch Properties, LLC Responding Party: Plaintiffs Agripina Mora and Yolanda Valdez Plaintiff Anthony Jerry Hein RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Defendants Ingenious Asset Group, Inc. and Po...

Excerpt: ...C <0003000300030003000300 00030003002700480049[endant U.S. Bank Responding Party: Plaintiff Quang Thai <0003000300030003000300 000300030033004f0044[intiff Vince Chai (No Opposition) RULING: [No opposition] UNOPPOSED Motions are GRANTED. Motion of Defendant Nationstar Mortgage, LLC to Compel Plaintiff Vince Chai to Answer, Without Objections, Form Interrogtories—General, Set No. One is GRANTED. Plaintiff Vince Chai is ordered to serve responses,...

Excerpt: ...: [No opposition]. Application for writ of possession is DENIED as to defendant Artak <0055004800540058004c00 00550003002600260033[ §512.030. Application for writ of possession is DENIED as to defendant Edgar Mkhoyan, as plaintiff has failed to establish how this party is involved in this dispute, or the probable validity of any claim by plaintiff as against this party. Or (if proof of service shown) The UNOPPOSED application for writ of possess...

Excerpt: ...aint Strike punitive damages, irrelevant matter MEET AND CONFER? Ok CAUSES OF ACTION: From Second Amended Complaint 1) Financial Abuse of an Elder 2) Fraud by Concealment 3) IIED 4) NIED 5) Legal Malpractice 6) Breach of Fiduciary Duties 7) Cancellation 8) Business & Professions Code Section 17200 et seq. 9) Civil Penalties Under Penal Code Section 496(c) SUMMARY OF FACTS: Plaintiff John Leroy Howard, M.D., individually and in his capacity of tru...

Excerpt: ...ross- Complaint is OVERRULED to the third cause of action for declaratory relief and indemnity and fourth cause of action for contribution. Demurrer is SUSTAINED WITH LEAVE TO AMEND to the fifth cause of action for breach of contract on design agreement, sixth cause of action for breach of contract on construction management agreement, seventh cause of action for negligent design services, and eighth cause of action for negligent construction man...

Excerpt: ...8 Pleading Served: March 26, 2018, mail 30 days: ok RULING: [No Opposition]. Cross-Defendants Select Portfolio Servicing, Inc. and the Bank of New York Mellon FKA the Bank of New York as Trustee's UNOPPOSED Demurrer to Cross-Complainant Volantis Global, Inc.'s Second Amended Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. The demurrer to the fourth cause of action for contribution was previously sustained by the court without leave to amend,...

Excerpt: ...demurrer to Cross-Complaint MEET AND CONFER? Ok CAUSES OF ACTION: From Cross-Complaint 1) Usury SUMMARY OF FACTS: Plaintiffs Frederick Yu and Megan Way Mun Wong allege that in June of 2009, upon the death of the father of defendant Jam Lu, plaintiff Yu discussed purchasing real property located in Monterey Park, held by a family trust of which defendant Lillian Lu, Jam Lu's wife, and her siblings were the named beneficiaries. The beneficiaries ag...

Excerpt: ...ry of Judgment or 180 after entry of judgment) MP: Defendant Don Bosco Technical Institute RP: Plaintiff La Gina Easley, dba Let's Go Transportation RULING: Defendant Don Bosco Technical Institute's Motion for an Award of Attorneys' Fees is GRANTED. The court finds that defendant Don Bosco Technical Institute was the prevailing party in the action, and that the matter arose out of a written agreement between the parties which provides one party w...

Excerpt: ... 4e00030003000300030003[ Responding Party: Plaintiff Angelique Avery RULING: Defendant City of Burbank's Motion to Compel Further Responses to Special Interrogatories, Set One: <0031005200560011000300 0014001b000300440051[d 22 in light of the service on April 20, 2018 of Further Responses to those Interrogatories. As to Special Interrogatory No. 9, the motion is GRANTED IN PART. The court notes that plaintiff is seeking damages in this action bas...

Excerpt: ...efendant's Motion to Compel Plaintiff's Attendance at Deposition is GRANTED. Plaintiff Hamlet Minasvand is ordered to appear for deposition and to give testimony on May 25, 2018 at 9:00 a.m. at plaintiff's attorney's law offices. Monetary sanctions in the amount of $1,635.00 [$1,635 requested] are awarded against plaintiff Hamlet Minasvand, payable within <0013000b0047000c000300 0011001300160013000b[a). Sanctions requested in the opposition are D...

Excerpt: ...dant and Cross-Complainant Yvonne Sotomayor (No Opposition) RULING: Motion to Compel Attendance and Testimony of Defendant and Cross-Complainant Yvonne Sotomayor is MOOT in light of the representation that the witness appeared for her deposition and gave testimony on March 9, 2018. Monetary sanctions sought by moving party are DENIED. The moving papers fail to comply with CCP § 2023.040, as the notice of motion fails to identify every person, pa...

Excerpt: ...f service showing service on October 14, 2016. Demurrer to Third Amended Complaint by Defendant County of Los Angeles, a Public Entity is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff in the opposition has conceded that the third cause of action is not intended to be alleged against the moving defendant. As to the remaining causes of action, to the extent they are based on alleged Civil Rights violations, the complaint again fails to clearly allege...

Excerpt: ...te a defense. Ten days to answer. Requests in the opposition for dismissal of causes of action in the complaint and for sanctions are denied. PROCEDURAL REQUIREMENTS: Correct Address in Proof of Service: ok 16/+5 Day Lapse: No Relief Requested: Entry of Judgment on the pleadings as to defendant's answer and each affirmative defense Motion made on one of the following grounds? (CCP § 438(c)(1): __X__ (A) Answer does not state facts sufficient to ...

Excerpt: ...ULING: Plaintiff Mounir Lebbad's Motion for Leave to File a Sixth Amended Complaint is GRANTED, based on the court's understanding that the only change being made in the pleading is the addition of the new party, defendant Savvas Pakkidis. Plaintiff has failed to lodge the pleading separately. Plaintiff is ordered to file with the court by 4 p.m. this date a separate signed original of the proposed pleading and the Sixth Amended Complaint will be...

Excerpt: ..., as Trustee's Motion for Reconsideration is DENIED. The motion is not timely and is not based on new or different law or facts, as the same arguments concerning repeal of the statutes were in fact made in the reply papers before the previous hearings. This ruling is without prejudice to any other procedural vehicle which would address the substantive issues concerning the viability of plaintiff's HBOR claims in existence on December 31, 2017 bef...

Excerpt: ... 317(b)): ok <004e000300030003000300 00030003000300030003[ 16/+5 day lapse (CCP §1005) <0003000300030003000300 0003[ RELIEF REQUESTED: Responses to Request for Production of Documents, Set One, by each plaintiff Order Deeming Requests for Admissions (Set One) Admitted, by each plaintiff, as to 2 defendants CHRONOLOGY Date Discovery served : December 19, 2018 <0003003100320003003500 00030036002800350039[ED <0003000300030029004800 000f000300150013...

Excerpt: ...tion) RULING: [No opposition] Motion of Defendant Pacific Bell Telephone Company dba AT&T's Motion to Compel the Deposition of Warren Randal Heath is DENIED for failure to show service of the moving papers or the Amended Notice of Motion on the third party witness. Or, if proof of service shown: Motion of Defendant Pacific Bell Telephone Company dba AT&T's Motion to Compel the Deposition of Warren Randal Heath is GRANTED. Third party Warren Randa...

Excerpt: ...s Burbank Unified School District, Peter Knapik, Jennifer Shaughnessy, Brandi Young, and Dorothy Hernandez Responding Party: Plaintiff Danny Hansen (No Opposition) RELIEF REQUESTED: Further Responses to Form Interrogatories (Set No. 1) Further Responses to Special Interrogatories (Set No 1) Further Responses to Requests for Production of Documents (Set No. 1) CRC separate statement, etc.: ok DECLARATION SUPPORTING MOTION: Executed per CCP §§ 20...

Excerpt: ...osition] Motion to Consolidate Cases is denied without prejudice. There is no proof of service of this motion showing that it has been served on all parties to each action and on each court in which an action is pending, as required under CCP § 403. The motion also fails to comply with the procedural requirements CRC Rule 3.350. In addition, the actions are not pending in the same department, and there is no order relating them. See LASC Rule 3....

Excerpt: ... is not clearly alleged as against defendant Halldon. Demurrer on all other grounds is OVERRULED. Plaintiff on amendment may specify that defendant Mary I. Hall is appearing by her conservator. UNOPPOSED Request for Judicial Notice is GRANTED. Ten days leave to amend. The parties are ordered to file with any further demurrer an appropriate meet and confer declaration under CCP § 430.41(a). RELIEF REQUESTED: Sustain demurrer to complaint MEET AND...

Excerpt: ...sponding Party: Plaintiff Sedik Asatury RULING: Demurrer of Defendant Trotta Realty, Inc. to Complaint: The meet and confer declaration filed by defendant indicates that in violation of plaintiff's <004f004800470003005700 00470003005700520003[meet and confer telephone messages and correspondence from defendant. The parties are ordered to meet and confer in good faith in the hallway, plaintiff is ordered to prepare the required declaration under C...

Excerpt: ...ties for motion to strike only) . Responding Party: Plaintiffs Lake Cunningham and Vanessa Spinetti (No Opposition) Meet and Confer? Ok <0003000300030003000300 00030003[ Sustain demurrer to first, second and fourth causes of action of Verified First Amended Complaint Strike punitive damages CAUSES OF ACTION: from First Amended Complaint 1. Breach of Contract 2. Negligence 3. Retaliation 4. Breach of Implied Warranty of Habitability SUMMARY OF FAC...

Excerpt: .... Defendant Maxi‐Matic USA is ordered to serve further full and complete responses, without objection, to Special Interrogatories Nos. 49, 50, 51, 65, 66, 67, 68, 69, 70, and 71, limited to the last ten years and to include only those pressure cookers which utilize the same pin system utilized in the subject pressure cooker, the Elite by Maxi‐Matic 10 quart digital pressure cooker. Further responses are to be without objection, which defendan...

Excerpt: ...mecare Agency, Inc. (Amend) <0003000300030003000300 00030003000300030003[ Defendant Noho Home Health Care, Inc. (Protective Order) Responding Party: Defendant Ramil Charmaine Gonzales (Amend) Plaintiff Royal Health Homecare Agency, Inc. (Protective Order) RULING: Plaintiff, Royal Health Homecare Agency, Inc.'s Motion for Leave to File an Amended Complaint is granted. Plaintiff has failed to lodge the proposed pleading separately. Plaintiff is req...

Excerpt: ...ardo Guzman and Century-National Insurance Company (No Opposition) RULING: [No Opposition]. Motion to Amend the Summons and Complaint is GRANTED. The motion fails to comply with the procedural requirements of CRC 3.1324(a) and (b). However, the motion evidently seeks to have this court interlineate existing pleadings, rather than an order permitting plaintiff to file a first amended complaint making the requested changes, which would result in th...

Excerpt: ...03[ Responding Party: Defendant Melissa Thornton (No Opposition) RULING: [No opposition] Cavalry SPV I, LLC's Motion for Order: Truth of Matters Specified in Request for Admissions be Deemed Admitted is GRANTED. Defendant has failed to serve timely responses substantially complying with the provisions of CCP § 2033.220 prior to the hearing on this motion. The court therefore orders that all matters specified in Plaintiff's Request for Admissions...

Excerpt: ...tion Everyday Rich, LLC Responding Party: Plaintiff Esteban Montenegro RULING The Court has reluctantly considered the untimely opposition. (4 court days late) only because it has also received a reply. Amended Motion of Everyday Rich, LLC to Expunge Lis Pendens is GRANTED. Moving party Everyday Rich has established that the notice of pendency of action is void and invalid pursuant to CCP § 405.23, as the requirements of CCP § 405.22 have not b...

Excerpt: ...RANTED. The court notes the receipt of plaintiffs' “Statement of Non‐Opposition to Hollier's Motion to Stay,” indicating that they will not oppose the motion to stay. Good cause appearing, the court orders this matter stayed pending a final resolution of the Petition to Determine Controversy submitted by Christopher Hollier to the Labor Commissioner of the State of California received on February 6, 2018. The Court sets a Status Conference ...

Excerpt: ...REQUESTED: Order restraining defendant from misappropriating, using and retaining Secure Net Protection's property, proprietary information and trade secrets, soliciting customers of Secure Net Protection, contacting customers of Secure Net Protection, soliciting for employment or contacting plaintiffs' employees or staff, maligning or alleging misconduct by plaintiffs and persons affiliated with plaintiffs, competing with Secure Net Protection, ...

Excerpt: ...ally and dba Elite Ride (No Opposition) ANALYSIS: This matter was originally heard on November 17, 2017. The court published its tentative ruling, which was to deny the application unless proof of service on the defendant was shown. The matter was again heard on February 1, 2018. No further papers had been submitted, except for a notice of continuance of the hearing date, and a Case Management Statement filed on behalf of plaintiff. The court pub...

Excerpt: ...e of California, Department of Transportation <0003000300030003000300 00030003000300030003[<0003000300030003000300 00480049004800510047[ant City of Burbank Responding Party: Plaintiff Angelique Avery RULING: Demurrer to Plaintiffs' Complaint by California Department of Transportation is SUSTAINED WITH LEAVE TO AMEND. The first and third causes of action asserted against the moving defendant do not clearly allege the statutory duty upon which clai...

Excerpt: ...iled this action in pro per, alleging that in August of 2014, plaintiff went to the Altadena sheriff's department with his sister‐in‐law, Nancy Kevorkian, who had a complaint to file against sheriff's deputies, alleging that they came to Nancy's property earlier that evening and stole her belongings. Plaintiff alleges that while he stood in the lobby next to Nancy, he was accused of various criminal acts that never occurred, and was arrested,...

Excerpt: ... Les Zieve Responding Party: Plaintiff Theresa Williams RELIEF REQUESTED: Judgment on the pleadings as to the Second Amended Complaint CAUSES OF ACTION: from Second Amended Complaint (Body of Complaint, not caption) 1. Cancellation of Instruments 2. Fraud 3. Negligence 4. Negligent Misrepresentation 5. Wrongful Foreclosure 6. Accounting 7. Trespass 8. Violation of B & P Code § 17200 et seq. 9. Slander of Title 10. Quiet Title 11. Damages 12. Dec...

Excerpt: ...00030032005900480055[seas Affairs Service Center Co., Inc. Responding Party: Defendant Oasis Growth Partners, LLC, et al. (One set of defendants has filed “Non-Opposition”) RULING: [No Opposition] The court notes the receipt of a “Non-Opposition” to the motion, filed by defendants Iris Liu, L.A. Life, LLC and America Asia Holdings, LLC informing the court that they do not oppose plaintiff's motion. No timely opposition by any other defend...

Excerpt: ...0 00510047005500440047[<0003000300030003000300 03000300030003000300030003[ Name of Client: Defendants Corinthian Properties, Inc. and Carlton Tate Group, LLC (No Opposition) Correct address in proof of service ? (CCP §§1013, 1013a) Client: ok Other parties: ok 16/+5 day lapse? (CCP §1005(b)) ok RELIEF REQUESTED: Order permitting attorney to be relieved as attorney of record in this action GROUNDS FOR MOTION: Irreconcilable differences, clients...

Excerpt: ...nt Anthony Serpa Responding Party: Plaintiff Kevin Roberts TENTATIVE RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Defendant Anthony Serpa's Motion for Summary Judgment is GRANTED. Defendant Anthony Serpa has submitted evidence sufficient to establish that all of plaintiff's claims are barred under the doctrine of Privette v. Superior Court (1993) 5 Cal.4 th 689, and its progeny. Under that doctrine...

Excerpt: ... Client: Plaintiffs Alicia Alvarez and Luis Perales (No Opposition) Correct address in proof of service ? (CCP §§1013, 1013a) Client: ok Other parties: ok 16/+5 day lapse? (CCP §1005(b)) ok RELIEF REQUESTED: Order permitting attorney to be relieved as attorney of record in this action GROUNDS FOR MOTION: Breakdown in communications and of the attorney-client relationship DECLARATION BY MOVING ATTORNEY [CRC 3.1362 (c), (d)]: Reasons why motion ...

Excerpt: ... Party: Plaintiff A.A.R., Inc. (No Opposition) RULING: [No Opposition] Defendant Sentinel Insurance Company, Ltd's UNOPPOSED Motion to Compel Further Responses to Request for Admission and Form Interrogatories is GRANTED. Plaintiff A.A.R., Inc. is ordered to provide further complete responses, without objection, to Form Interrogatories <0029002400560003001700 005100470003001b0003[and 50.6, within ten days. Objections are overruled on the ground p...

Excerpt: ...Interrogatories is MOOT in light of the service on January 8, 2018 of Supplemental Responses to Special Interrogatories, Set 1. Monetary sanctions in the amount of $1,703.95 [$3,407.90 for both motions requested] are awarded against defendant Alejo Morales, payable within 30 days. CCP Sections 2030.300(c), <004f004800030016001100 [ Petitioner's Motion to Compel Respondent's Response to Request for Production of Documents is MOOT in light of the s...

Excerpt: ...nding Party: Plaintiff ARF Financial, LLC, fka Advance Restaurant Finance, LLC RULING: Specially Appearing Defendant Tap House Grill Westmont, Inc., an Illinois Corporation dba Taphouse Grill Motion to Quash Service of Summons for Lack of Personal Jurisdiction or, in the Alternative, Motion to Stay or Dismiss the Action on the Ground of Forum Non Conveniens is DENIED. Plaintiff has submitted evidence sufficient to establish that defendants have e...

Excerpt: ...f East West Bank alleges that it is the purchaser of loans and assets of United Commercial Bank (“UCB”) from the FDIC acting as receiver for UCB, and so is the owner of contracts between UCB and defendant Euro Cucina, Inc., including a written business loan agreement and first modification and extension agreement, pursuant to which defendant was loaned $100,000. The contracts were personally guaranteed by defendants Evelyn Lee and Paul Chang....

Excerpt: ...Uriel Levy Responding Party: Defendants Issachar Shabtay, et al. (No Opposition) RULING: UNOPPOSED Motion for leave to file a first amended complaint is granted. Plaintiffs have failed to lodge the proposed pleading separately. Plaintiffs are ordered to submit to the court by 4 p.m. this date a separate signed original of the proposed pleading and the First Amended Complaint will be deemed filed and served upon the court's receipt of this documen...

Excerpt: ...0300030003[ RELIEF REQUESTED: Sustain demurrer to sixth cause of action of First Amended Complaint MEET AND CONFER? Ok CAUSES OF ACTION: From First Amended Complaint 1) Breach of Contract 2) Breach of Implied Covenant of Good Faith and Fair Dealing 3) Common Counts—Money Had and Received 4) Violation of California Civil Code § 1950.7 5) Constructive and Wrongful Eviction 6) Negligence 7) Action for Accounting SUMMARY OF FACTS: <004f0048004a004...

Excerpt: ... 2) Fraud—Negligent Misrepresentation 3) Fraud—Concealment 4) Fraud—Promise Without Intent to Perform 5) Fraud -- Constructive Fraud 6) Fraud—Constructive Fraud 7) Breach of Contract 8) Breach of Implied Covenant of Good Faith and Fair Dealing 9) Unjust Enrichment 10) Conversion 11) Conspiracy 12) Negligence 13) Unfair and Unlawful Business Practices 14) Specific Performance SUMMARY OF FACTS: Plaintiff Ching Fang Hsu alleges that in Augus...

Excerpt: ...ineering, Inc.'s Demurrer to Second Amended Cross-Complaint are OVERRULED. Ten days to answer. <0003000300030003000300 00030003000300030003[ January 5, 2018 Demurrer filed on: February 13, 2018 <0003000300030003000300 00030003000300030003[ January 5, 2018, mail within 30 days?: ok, meet and confer RELIEF REQUESTED: Sustain demurrer to Third Amended Cross-Complaint MEET AND CONFER? Ok CAUSES OF ACTION: From Third Amended Cross-Complaint 1) Breach ...

Excerpt: ...illa (Compel) Responding Party: Defendant Pi Kappa Phi Fraternity, Inc. (Compel) RULING: Plaintiff Armando Villa's Motion to Compel Further Responses by Defendant Pi Kappa Phi to Requests for Production of Documents is MOOT in light of the service of further responses prior to the hearing on the motion. Plaintiff Armando Villa's Motion to Compel Further Responses by Defendant Pi Kappa Phi to Requests for Admissions, Set One, is MOOT in light of t...

Excerpt: ... fees incurred in defending against plaintiffs' appeal of an order granting defendants' special motion to strike in the sum of $89,850 RULING: Defendants and Respondents' Motion Pursuant to CCP 425.16(C)(1) for an Order Awarding them Attorney's Fees is GRANTED. The court finds that defendants Xenon Investment Corporation, LS2 Properties, LLC, Westside Habitats, LLC, Rohta Mehta and Loren Medina were the prevailing defendants on the appeal of an o...

Excerpt: ...ich do or do not create a triable issue of controversy: DLI Properties, LLC's Motion for Summary Judgment: Motion is DENIED as to defendant Deja Morlan, due to the entry of default against this defendant on April 25, 2017. Motion is GRANTED as to defendant Lisa O'Rrell. The court has taken judicial notice of the file in Case No. 17B01457. Plaintiff has met its burden of establishing each element of Unlawful Detainer action sufficient to shift bur...

Excerpt: ...30003000300030003000300030003000300030003000300030003000300030003000300030003000300 03000300030003000300030003000300030003000300030003[ <0027004400570048001d00030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300 03000300030003000300030003000300030003000300030003[<0003000300030003000300030003000300030003000300030003000300...

Excerpt: ...3000300030003002800260003001300190015001b001a001700 03000300030003000300030003000300030003000300030003[ Trial Date: November 19, 2018 Case Name: Williams, M.D. v. St. Vaughn, et al. MOTION FOR PROTECTIVE ORDER/DISCOVERY REFEREE <0003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300 030003000300030003...

Excerpt: ...arty: Defendant Nardo Del Rosario Responding Party: Plaintiff Kevin Roberts RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Defendant Nardo Del Rosario's Motion for Summary Judgment is GRANTED. Defendant Del Rosario has submitted evidence sufficient to establish that all of plaintiff's claims are barred under the doctrine of Privette v. Superior Court (1993) 5 Cal.4 th 689, and its progeny. Under that...

Excerpt: ...led by Viracon, Inc. <0003000300030003000300 000300030003[ <0056004800570056000f00 03002f002f002600030003[ RULING: Defendant Benson Industries, Inc.'s Motion to Compel Arbitration and Stay Litigation is GRANTED. The court finds that an agreement to arbitrate the controversy exists, that there is no showing that there has been any waiver of the right to compel arbitration, and no showing that the agreement has been revoked or that grounds exist fo...

Excerpt: ... in the property, in the form of current legal title. The court determines that the amount of undertaking which would be just based on the showing presented would include the only evidenced carrying costs of the property, $2,500 per month, for the five months until the matter will be tried, in the sum of $12,500 plus estimated attorneys' fees in the reasonable sum of $32,000, for a total bond of $44,500 to be posted by plaintiff. Pursuant to CCP ...

Excerpt: ...and Notices submitted by plaintiff, and finds that the procedural and other concerns the court previously raised have been resolved to the satisfaction of the court, and that defendant has been served with sufficient notice of this motion and both the previous March 23, 2018 hearing, as well as the hearing set for this date. Pursuant to Government Code section 68608 (b), CCP § 575.2 and LASC Rule 3.10 the court orders the answer filed by defenda...

Excerpt: ... Request for Judicial Notice by defendants has presented facts which establish a probability of prevailing on a claim that the trustee's sale was conducted based on an questionable chain of title, and it is not clear that the Trustees Deed Upon Sale was in fact recorded, or included the language upon which defendants rely to establish bona fide purchaser status. The court further finds that the harm to plaintiff if the injunction is not granted (...

Excerpt: ...50047[er of February 20, 2018. The court also notes that the Notice of Ruling and Hearings serving the Order Shortening Time is not accompanied by a proof of service. It accordingly appears that defendant has not been provided notice of this hearing, or the opportunity to be heard, as required under CCP § 575.2. The court also notes that it cannot under the circumstances find that lesser sanctions have been ineffective, as the February 7, 2018 o...