Excerpt: ... <0003000300030003000300 00030003000300030003[ Plaintiffs Grant Williams, M.D and Grant P. Williams, M.D., APC (Compel Depo; Protective Order and Referee) Responding Party: Plaintiffs Grant Williams, M.D and Grant P. Williams, M.D., APC (Sanctions) <0003000300030003000300 000300030037004b004c[rd party witness Steven J. Rigler (Compel Depo) <0003000300030003000300 00030003002700480049[endants Todd Saint Vaughn, Adelle Saint Vaughn, St. Vaughn and ...

Excerpt: ...th, tenth and eleventh causes of action or cross-complaint MEET AND CONFER? Ok CAUSES OF ACTION: From Cross-Complaint 1. Breach of Contract 2. Breach of Covenant of Good Faith and Fair Dealing 3. Breach of Covenant of Quiet Enjoyment 4. Trespass 5. Nuisance 6. IIED 7. NIED 8. Negligence 9. Wrongful Eviction 10. Constructive Eviction 11. Conversion SUMMARY OF FACTS: Plaintiff Sunland Property, LLC brings this action alleging that in October of 201...

Excerpt: ...s OVERRULED on its merits. Ten days to answer. RELIEF REQUESTED: Sustain demurrer to second cause of action of First Amended Complaint MEET AND CONFER? Ok CAUSES OF ACTION: From First Amended Complaint 1) Medical Malpractice 2) EMTALA Violation SUMMARY OF FACTS: Plaintiffs Elton B. Gaston, Jr., the surviving son of decedent Deborah Juphryn-Martinez, allege that on November 13, 2015, Martinez arrived at defendant Garfield Medical Center due to sev...

Excerpt: ...arty: Defendant Heavenleaf, Inc. RULING: Demurrer to Answer is OVERRULED. The Court notes that Defendant Heaven Leaf Inc. has not filed an answer to plaintiffs First Amended Complaint given that corporate defendant did not file a demurrer to Complaint. Hence, Defendant Heaven Leaf's Answer filed January 30, 2018 stands as to the Complaint and First Amended Complaint. RELIEF REQUESTED: Sustain demurrer to first through twenty-first affirmative def...

Excerpt: ...ding Party: Plaintiff Juan Rosales (No Opposition) RULING: [No opposition] UNOPPOSED Motion for Order Compelling Responses to Form Interrogatories is GRANTED. Plaintiff Juan Rosales is ordered to provide responses, without objection to Form Interrogatories, Set No. One, within 10 days. UNOPPOSED Motion for Order Compelling Responses to Special Interrogatories is GRANTED. Plaintiff Juan Rosales is ordered to provide responses, without objection to...

Excerpt: ...C's Motion for Protective Order: The court has considered the moving papers, opposition papers, and supplemental papers. At the concession of the defendants in the supplemental papers, Defendants Motion for Protective Order is DENIED as to the following Specially Drafted Interrogatories: Nos. 247, <0015001a0013000f000300 000f0003001600140013[, 311, 312, 313, 314, 315, 316, 317, 318, 319, 342, 344, 348, 349, 350, 386, 387, 388, 389, 390, 394, 400,...

Excerpt: ... Restaurant and Lounge and Mikayel Israyelyan Responding Party: Plaintiff Amy Nehme RULING: Defendant Worldwide Dining, Inc. dba Romanov Restaurant and Lounge and Mikayel Israyelyan's Motion to Strike Portions of Plaintiff Amy Nehme's Third Amended Complaint is GRANTED WITHOUT LEAVE TO AMEND only as to paragraph 49 of the pleading, which appears to improperly seek punitive damages in connection with a negligence-based cause of action, when the op...

Excerpt: ... and third cause of action for fraud are not alleged with sufficient specificity. See Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73 (Generally, in a fraud cause of action, a plaintiff must allege specifically how, what, where, to whom and by what means a defendant made a misrepresentation). The causes of action fail to clearly allege where the alleged misrepresentations were made, and by what means they were made, in effect, whether they wer...

Excerpt: ...e stay of Case No. BC 615178, on the ground Larry Quisenberry does not have standing, and ordered a demurrer in Case No. BC 631077, previously set on April 7, 2017, to be heard this date. It appears that the stay may have also been lifted for the limited purpose of hearing the demurrer previously set on April 7, 2017, in Case No. BC 615178 on the issues other than standing. <0046004800550051005600 1d> 1. The court is not certain why two actions a...

Excerpt: ...e stay of Case No. BC 615178, on the ground Larry Quisenberry does not have standing, and ordered a demurrer in Case No. BC 631077, previously set on April 7, 2017, to be heard this date. It appears that the stay may have also been lifted for the limited purpose of hearing the demurrer previously set on April 7, 2017, in Case No. BC 615178 on the issues other than standing. <0046004800550051005600 1d> 1. The court is not certain why two actions a...

Excerpt: ...t Amended Complaint: The meet and confer declaration filed by defendants indicates that in violation of plaintiffs' obligations under CCP § 430.41, plaintiffs failed to respond to a meet and confer letter from defendants. The parties are ordered to meet and confer in good faith in the hallway, plaintiffs are ordered to prepare the required declaration under CCP § 430.41 that sets forth the results of the meet and confer, and the parties are the...

Excerpt: ...ts RULING: Defendants T-Mobile USA, Inc. and T-Mobile West, LLC's Motion for Protective Order: The court in its discretion has considered the untimely opposition, filed and served two court days late, only because a reply has been filed addressing the opposition on its merits, which the court has had sufficient time to consider. However, counsel for plaintiffs is again cautioned that in the future the court may refuse to consider papers not filed...

Excerpt: ...Party: Plaintiff Karo Yepremian RULING: Defendant Samuel's Motion to Compel Responses to Written Discovery Requests is moot in light of the service of responses prior to the hearing. Monetary sanctions in the amount of $ 1,000.00 [$1,247.50 requested] are awarded against plaintiff Karo Yepremian, payable within 30 days to defendant's counsel. CHRONOLOGY Date Discovery served : September 19, 2017 <0003000300310032000300 00360003003600280035[VED Da...

Excerpt: ...aternity, Inc. Responding Party: Plaintiffs Maria 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 lawful heirs of Armando Daniel Villa, who died on July 1, 2014. Plaintiffs allege that defendants the California State University, Pi Kappa Phi Fr...

Excerpt: ...490003002d005800 000300250048004f0044[nio RULING: Motion to Strike Portions of Plaintiffs' Second Amended Complaint (lead case, Smith) is GRANTED WITHOUT LEAVE TO AMEND. The amended pleading does not sufficiently plead facts showing conduct by the moving defendant toward plaintiffs giving rise to oppression, fraud or malice, which conduct caused the harm complained of. Specifically, there are no facts establishing awareness of an unfitness on the...

Excerpt: ...ross-complainant Los Angeles County Treasurer and Tax Collector's Motion for Order of Discharge and Dismissal of Plaintiff Stakeholder is granted. The court finds that cross- complainant has deposited with the clerk of the court the sum it is holding, and, as cross- complainant is a mere stakeholder with no interest in the amount or any portion thereof, conflicting demands have been made upon it for the amount by parties to the action, and notice...

Excerpt: ...r appealed from or upon the matters embraced therein or affected thereby…” Defendant White has perfected an appeal of the rulings upon which she seeks to have this court vacate, which appeal has not yet been fully resolved by the court of appeal. The court of appeal has denied plaintiff's motion to stay the appeal pending this trial court resolving this motion, the court of appeal observing that the issuance of a decision concerning whether t...

Excerpt: ...ol District <0003000300030003000300 00030003000300270048>fendant Jose Antonio Banuelos, Jr. RULING: Plaintiff Jan Smith's Motion for an Order Compelling Further Responses and Production of Documents from Defendant Burbank Unified School District: The court has reviewed the moving papers as well as the oppositions filed by defendants Burbank Unified School District and Jose Antonio Banuelos, Jr. The motion is GRANTED. The parties are ordered to me...

Excerpt: ... Exhibit 3 consisting of a Proposed Amended Judgment, or any other copy submitted to the court of the Proposed Amended Judgment which would purportedly satisfy the Sheriff's requirements, or a copy of the response from the County Sheriff, as referenced in the Zuberi Declaration at paragraphs 10 and 11. This information has not been submitted to the court despite a request from the clerk that it be promptly filed. It appears that plaintiff needs a...

Excerpt: ... of the court that plaintiff's health is such that a preference is necessary to prevent prejudicing his interest in the litigation. The Court needs more evidence regarding the plaintiff's medical condition given that plaintiff has been resisting discovery on this issue. Responding Party: Defendant Meighan Howard and intervenor Tommie Howard RELIEF REQUESTED: Order setting trial date to commence on or before 120 days from date of hearing FACTUAL B...

Excerpt: ...vices, Inc. in regard to plaintiff's fourth cause of action for intentional infliction of emotional distress Moving Party: Defendants Westfield Group, Westfield America, Inc., Westfield LLC, Santa Anita Shoppingtown, LP, Santa Anita Borrower LLC, Westfield Property Management and Nationwide Janitorial Services, Inc. Responding Party: Plaintiff Diane Boroudian RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controv...

Excerpt: ... the action pursuant to Amendments to Complaint in place of Doe 1 and Doe 2. Plaintiff is permitted leave to amend to allege the specific conduct engaged in by each moving defendant which gives rise to defendant's liability under each cause of action alleged, if appropriate, and which addresses the arguments raised in the moving papers. Request in the opposition to disregard the demurrer as not verified is DENIED. Request for Judicial Notice is G...

Excerpt: ...ULED to the first cause of action for breach of contract. Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND to the second cause of action for breach of implied covenant on the ground the pleading does not allege any breach of an implied covenant, but a breach of the alleged express terms of the contract, and so is duplicative of the first cause of action. Demurrer is SUSTAINED WITH LEAVE TO AMEND to the third cause of action for fraud. fourth cause of...

Excerpt: ... 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 operative language, and any legal effect of the document which is clear from its face. See Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal. App.4 th 256, 265. Ten days to answer. RELIEF REQUESTED: Sustain demurrer to fourth and fifth causes of action ...

Excerpt: ... (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 <0057005700440046004b00 480047000c0011[ There are no further papers in the file, except for a notice of continuance of the hearing date, and a Case Management Statement filed on behalf of plaintiff. Accordingly, it appears that defendant still has...

Excerpt: ...re has been no supplemental response. The court takes judicial notice of the bankruptcy proceedings of cross‐defendant Bryan James, that such documents show that Bryan Craig was a listed creditor, and that his claim was discharged, and accordingly Craig was enjoined by the bankruptcy court discharge order from taking any action to collect on the debt which is the subject of the cross‐complaint. It also appears that despite representations to ...

Excerpt: ... Arthur Bernard Collis Alternatively, summary adjudication Moving Party: Plaintiff Deutsche Bank Trust Company Americas, as Trustee Responding Party: Defendant Arthur Bernard Collis RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Motion for Summary Judgment, or Alternatively, Summary Adjudication is GRANTED. The motion is fashioned as a motion for summary judgment or in the alternative, summary adjudi...

Excerpt: ...ouse Grill Westmont, Inc., Robert Ward, Tap House Grill Oswego, LLC, and Tap House Gill Plainfield, LLC RULING: Motion to Set Aside Court Order of July 14, 2017 is granted pursuant to CCP section 473(b), <004900440058004f005700 00030049005200550057[h in the Supplemental Velen Declaration. Court order of July 14, 2017 is vacated. Plaintiff is permitted to file with the court a separate original signed Opposition to Defendants' Motion to Quash, to ...

Excerpt: ...ING: [No Opposition]. Demurrer to Plaintiff's Complaint for Damages: The meet and confer declaration filed by defendant indicates that in violation of plaintiff's <004f004800470003005700 00470003005700520003[a meet and confer letter 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 CCP § 430.41 that sets forth the results of the meet and confer,...

Excerpt: ...tt Tai Thvedt & Hodges, LLP is DENIED. Carl A. Botterund; Ritt Tai Thvedt & Hodges, LLP is ordered to fully comply with the Deposition Subpoena for Production of Business Records issued on November 9, 2017 within ten days. RELIEF REQUESTED: Order quashing or limiting scope of deposition subpoena MONETARY SANCTION (CCP §§ 2033(k), (l), 2023(b)(1), (c) ) None sought DECLARATION SUPPORTING MOTION: Executed per CCP §§ 2015.5, 2030(l); CRC 315(a):...

Excerpt: ...hird, Fourth, Fifth and Sixth Causes of Action of Complaint MEET AND CONFER? Yes, Plaintiff did not respond CAUSES OF ACTION: From Complaint 1) Breach of Contract 2) Breach of Fiduciary Duty 3) Civil Conspiracy 4) Aiding and Abetting Breach of Fiduciary Duty 5) Tortious Interference 6) Declaratory Relief SUMMARY OF FACTS: <004a004800560003005700 00510047004400510057[ Narek Papukyan (“Narek”) who had for a number of years pursued a business in...

Excerpt: ...uses of action of First Amended Complaint Strike punitive damages, remedies pursuant to probate code, treble damages MEET AND CONFER? Ok CAUSES OF ACTION: From First Amended Complaint 1) Financial Abuse of an Elder 2) Fraud 3) Fraud by Concealment 4) IIED 5) NIED 6) Legal Malpractice 7) Breach of Fiduciary Duties 8) Cancellation 9) Restitution 10) Restitution Under Business & Professions Code Section 17200 et seq. 11) Disgorgement of Legal Fees 1...

Excerpt: ...00f000300150013001400 004b004800440055004c[ng on an ex parte application for an order vacating and extinguishing a stay injunction, the court ordered a stay of this matter to remain in effect until 2/27/18, after which the court noted defendant could seek a writ of possession. The court ordered: “Plaintiff has until 2/27/18 to seek an Ex Parte Preliminary Injunctive Order and the Court will Set a Hearing on Preliminary Injunction within the Sta...

Excerpt: ...o, Anthony Serpa, Specially Appearing Non-Party Parsons Environment & Technology Group, Inc. <0003003600580055004800 00560058004f0057004c[ng Group “Joinder” in Suresite's opposition T-Mobile Defendants RULING: Motion for leave to amend the complaint is DENIED. The motion fails to comply with the procedural requirements of CRC 3.1324(a) and (b), as there is no proposed eighth amended complaint filed or served so that the court and the parties ...

Excerpt: ...t of Undistributed Surplus Proceeds is CONTINUED for the submission of a copy of the notice served and an appropriately dated and executed proof of service designating what document was served, or for further notice to be served, and for clarification concerning whether no claims, one written claim, or multiple claims were made, and if claims were made, for copies of such claims and other information concerning the claimants. SUMMARY OF FACTS: Pe...

Excerpt: ...my Nehme Responding Party: Defendants Romanov Restaurant and Lounge and Mikayel Istrayelyan RULING: Motion for Order Permitting Discovery of Financial Conditions and Profits is DENIED, procedurally and on its merits. The motion was not brought on sufficient notice, and the motion appears premature until the court has ruled upon defendants' challenge to the claim for punitive damages. Substantively, the affidavit filed with the motion apparently r...

Excerpt: ...intiff Esteban Montenegro (No Opposition) RULING: [No Opposition] (Were all parties served with the motion and given notice of hearing pursuant to code and in compliance with this court's order of January 12, 2018?) UNOPPOSED Motion for Permission to File Complaint in Intervention Under Civil Code § 387(b) is GRANTED pursuant to CCP section 387(b) and CCP section 405.30, based on the uncontroverted evidence submitted showing that Everyday Rich, ...

Excerpt: ...Party: Defendants Select Portfolio Servicing, Inc. and The Bank of New York Mellon, as Trustee Responding Party: Plaintiff Poonsook Brainangkul RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: The court in its discretion has considered the opposition memorandum of points and authorities, despite the fact that they exceed the page limitations for such a document. The court has considered the entire oppo...

Excerpt: ...Nack Ngue for an Order to Quash Subpoena is GRANTED in part. American Express CT Corporation is ordered to respond to the Deposition Subpoena for <0050004500480055000300 000f0003004f004c0050[ited to the records dated from January 1, 2008 through January 27, 2014. Records from January 28, 2014 through the present are not to be produced. The court finds that defendant has established an objectively reasonable expectation of privacy in his personal ...

Excerpt: ...ss Center, LP dba Pasadena Park Healthcare and Wellness Center and Pasadena Park Wellness GP, LLC's Demurrer to Plaintiff's Complaint for Damages: The meet and confer declaration filed by defendants indicates that in violation of plaintiff's obligations under CCP § 430.41, plaintiff failed to respond to the substance of a meet and confer letter from defendant. The parties are ordered to meet and confer in good faith in the hallway, plaintiff is ...

Excerpt: ...emurrer to Complaint is SUSTAINED to the entire complaint on the ground the pleading fails to allege actual innocence, or that plaintiff Xinlei Zhang has obtained postconviction relief. Coscia v. McKenna & Cunneo (2001) 25 Cal.4th 1194, 1201. The pleading here alleges that plaintiff Xinlei Zhang has retained other counsel to pursue a writ of habeas corpus. [Para. 30]. However, it does not appear that this relief has yet been granted, and there ar...

Excerpt: ...of Complaint MEET AND CONFER? Ok CAUSES OF ACTION: From Complaint 1) Negligence v. Chase 2) Dangerous Condition of Public Property v. City 3) Motor Vehicle Negligence v. Liu 4) Loss of Consortium v. All Defendants SUMMARY OF FACTS: Plaintiff Heather Lehr alleges that on April 4, 2017, she was standing on a sidewalk facing an Automated Teller Machine (“Subject ATM”) on Huntington Drive in San Marino when a vehicle driven by defendant Hsiu Fang...

Excerpt: ...nsurance Company Responding Party: Defendant Cristina Talukder <0003000300030003000300 00030003002700480049[endant Mahboob Talukder (No Opposition) RULING: [No opposition] UNOPPOSED Motion by Plaintiff Chicago Title Insurance Company for Order Imposing Terminating Sanctions for the Misuse of the Discovery Process Against Defendant Cristina Talukder is GRANTED. Defendant has failed to comply with this court's orders of July 21, 2017, requiring def...

Excerpt: ...dants' UNOPPOSED Motion to Compel Arbitration and For Stay of Action Pending Arbitration is GRANTED. The court notes that it received no timely opposition to the motion to compel, as required by <00140015001c0013000f00 0048004a00440057004c[ons 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 ar...

Excerpt: ...Party: Defendant and Cross-Complainant Brett Vapnek (No Opposition) RULING: [No Opposition] Motion to Compel Further Responses and Compliance to Plaintiff and Cross-Defendant Brittain Soderberg's Request for Production of Documents, Set One, is not considered by the court as there are no proofs of service showing the moving papers were served on the responding party or any party. See CCP section 1010; 1005 (b); CRC Rule 3.1300 (a), (c). Or, if pr...

Excerpt: ...ng Zheng Zou RULING: Motion to Deem Facts Admitted is DENIED. The opposition indicates that timely responses based on executed proofs of service of the discovery requests were in fact served, and defendant in the supplemental papers submits no evidence disputing the date of service, and the timeliness of the responses. Monetary sanctions sought by defendant are DENIED. Monetary sanctions sought by plaintiffs in opposition to the motion are GRANTE...

Excerpt: ...e Compensation Insurance Fund <0049004900030036004800 0044005c00550052004f[l Management, Inc. (Amend) Responding Party: Defendant State Compensation Insurance Fund RULING: Plaintiff Sessions Payroll Management, Inc.'s Motion for Leave to File a Second Amended Complaint is GRANTED. Plaintiff has failed to lodge the proposed pleading separately. Plaintiff is ordered to submit to the court by close of business this date a separate signed original of...

Excerpt: ...04c0056000300 004800110003[ Defendant has failed to lodge the proposed Motion to Strike and Demurrer separately. Defendant is ordered to reserve hearing dates for those motions with the Court Reservation System, and file original signed copies of the proposed pleadings with the court reflecting the reserved dates, along with the appropriate filing fees, by 4 p.m. this date. Defendant must also appropriately serve the pleadings. Pursuant to CCP §...

Excerpt: ...ke punitive damages from First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1) Negligence Per Se 2) Negligence—Premises Liability 3) Breach of Warranty of Habitability 4) Intentional Breach of Warranty of Habitability 5) Breach of Covenant of Quiet Enjoyment SUMMARY OF FACTS: Plaintiffs Francisco Guzman and Judith Guzman and their three minor children bring this action against defendant Stan Matasumaya, the owner of resident...

Excerpt: ...lty, Jermayne L. Shannon and David A. Knight's Demurrer to Cross‐Complaint of Lorna Willard is SUSTAINED WITH LEAVE TO AMEND. The causes of action as currently alleged appear barred by this court's May 5, 2017 order denying a motion by Willard contesting the good faith of a settlement entered into between plaintiffs and defendants Keller Williams Realty, Shannon and Knight and granting the Application for Good Faith Settlement. Specifically, th...

Excerpt: ...em Danny Hansen filed the errata ordered by the court? Has counsel been retained to represent the minor, or is the GAL licensed to practice law? Does the GAL have copies of proofs of service of the opposition papers on the other parties to the action? Does the GAL have copies of the exhibits referenced in the opposition which were not attached to the papers submitted to the court? Does the GAL have copies of the responses to Requests for Admissio...

Excerpt: ...aintiffs are ordered to submit to the court a separate signed original of the proposed pleading (without highlighting), entitled the “First Amended Complaint” for filing by close of business this date, and the First Amended Complaint will be deemed filed and served upon the court's receipt of this document. Defendant's request for sanctions in the opposition is DENIED. RELIEF REQUESTED: File an Amended Complaint CONTENTS OF MOTION: (CRC 3.132...

Excerpt: ...es out of state and that defendant has established a reasonable possibility it will obtain judgment in this action. The court has considered plaintiff's request for indigency waiver of the undertaking requirement, considered all financial information submitted by plaintiff in response to the order of this court requesting further information, and finds that based upon that information, and considering the argument of all parties, plaintiff has me...

Excerpt: ...et One) is GRANTED. Plaintiff Kevin Roberts is ordered to provide responses, without objection to Special Interrogatories, Set One, within 10 days. Monetary sanctions in the amount of $1,009.50 [$1,009.50 requested] are awarded against plaintiff Kevin Roberts, and plaintiff's attorney of record, jointly and severally, payable within 30 days. CCP sections 2030.290(c), 2023.010(d), 2023.030(a). Defendant Suresite Consulting Group's UNOPPOSED Motion...

Excerpt: ...on 435, which states that a party may serve and file a motion to strike ‘within the time allowed to respond to a pleading.' Under CCP section 421.20(a)(3), a response to the complaint is due within 30 days after summons is served upon the party. Likewise, under CCP section 430.40, the time permitted to file a demurrer to a complaint is ‘within 30 days after the service of the complaint…' Here, the pleading was served personally on October 1...

Excerpt: ...efendants' Motion to Compel Mental Examination of Plaintiff is GRANTED. The court finds that defendant has shown good cause for conducting such an exam, as plaintiff has by this action placed her mental condition in controversy. Defendants are ordered to submit a proposed order to the court which complies with the requirements of CCP section 2032.32(d) (“An order granting a physical or mental examination shall specify the person or persons who ...

Excerpt: ...ession of the property. No bond required for issuance of the writ inasmuch as the amount owed exceeds the market value of the vehicle. CCP §515.010. (Market value $32,425; Amount owed $32,455.26). Required Documents: __X__ Summons and Complaint __X__ Notice of Application & Hearing (CCP §512.040) __X__ Application for Writ and all declarations or affidavits in support of motion(CCP §512.010) __X__ Memo of Points & Authorities (CCP § 512.050) ...

Excerpt: ...F REQUESTED: Judgment in the amount of $50,000. SUMMARY OF FACTS: Plaintiff Judy Gooler alleges that she was the owner of real property located at 415 Lotone Street, Monrovia, California, 91016 (“subject property”). On December 7, 2005, plaintiff <0047004400510057000300 002600440053004c0057[al Lending and a Deed of Trust on the subject property, naming Chicago Title Company as trustee and MERS as beneficiary. Plaintiff alleges that at the tim...

Excerpt: ...action for declaratory relief is SUSTAINED WITHOUT LEAVE TO AMEND on the ground the relief sought against the demurring defendant does not appear to seek prospective relief, but the redress of alleged past wrongs, and the opposition fails to explain how the claim could be amended to overcome this deficiency Ten days to answer. RELIEF REQUESTED: Sustain demurrer to fourth and fifth causes of action of Complaint MEET AND CONFER? Ok CAUSES OF ACTION...

Excerpt: ... Nest LLC to Plaintiff's Complaint is OVERRULED. Motion to Strike Portions of Plaintiff's Complaint is DENIED . Ten days to answer. RELIEF REQUESTED: Sustain demurrer to Complaint Strike punitive damages MEET AND CONFER? Ok CAUSES OF ACTION: From Complaint 1) Willful Trespass 2) Negligent Trespass SUMMARY OF FACTS: Plaintiff Pasadena Hasting Center alleges that it owns property in Pasadena improved with a commercial retail center and accompanying...

Excerpt: ...rio and Anthony Serpa Responding Party: Plaintiff Kevin Roberts RULING: The meet and confer declaration filed by defendants indicate that in violation of plaintiff's <004f004800470003005700 00470003005700520003[meet and confer correspondence from defendants. The opposition points out that the meet and confer correspondence attached to the moving papers does not, as required by statute, “identify all of the specific causes of action that [defend...

Excerpt: ... RULING: Cross-Defendant Stan Boyett & Son, Inc.'s Motion to Compel Defendant Westco Petroleum Distributors, Inc.'s Further Responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, is MOOT in light of the service on November 28, 2017 of further and supplemental responses. Monetary sanctions sought by the moving party are DENIED. The request for sanctions does not identify ever...

Excerpt: ... to the petition was untimely under CCP § 1290.6, as it was due ten days after service of the petition, but was filed and served more than ten weeks late. Procedurally, the unopposed petition could be granted, but the Court does not grant the petition on that ground. The Court will consider the opposition. Plaintiff in the opposition has failed to establish appropriate grounds for vacating or correcting the arbitrator's order in connection with ...

Excerpt: ... Opposition) Proof of service timely filed (CRC 317(b)): ok <0052004e00030003000300 00030003000300030003[ 16/+5 day lapse (CCP §1005) : ok Name of Deponent: David Todd Griffith Status of Deponent: Defendant (party) DEPO ATTENDANCE REQUIRED BY: Formal Notice [Exhibit C] RULING: [No opposition] UNOPPOSED Motion to Compel the Deposition of Defendant David Todd Griffith is GRANTED. Defendant David Todd Griffith is ordered to appear for deposition an...

Excerpt: ...04700030024004f0044[n Davis <004800560057004c005100 52[ RULING: Defendants' Motion for Reclassification of Action (Limited 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 ...

Excerpt: ... of Non-Opposition to the Motion) RULING: [No opposition] Motion to Consolidate Actions: What is the status of the stipulation to consolidate being circulated among the parties? Have all parties in each case been served with notice of the motion? Specifically, are there any parties in the other case besides Anthony Jerry Hein, as plaintiff, and the defendants named in this action? UNOPPOSED Motion to Consolidate Actions is GRANTED because the cou...

Excerpt: ...Motion to Compel Plaintiff's Further Responses to Pacific Bell Telephone's Request for Admission, Set No. One, is GRANTED. Plaintiff Kevin Roberts is ordered to serve further non-evasive responses to Requests Nos. 14-19, without objection, which directly respond to the requests. The court does not find appropriate or credible a response that plaintiff lacks information concerning whether he himself has evidence concerning the subject issues. Mone...

Excerpt: ...Party: Defendants Tap House Grill Westmont, Inc., Robert Ward, Tap House Grill Oswego, LLC, and Tap House Gill Plainfield, LLC RULING: Motion to Set Aside Court Order of July 14, 2017 is denied. There is no showing of “excusable” neglect, and no indication that counsel intends to seek relief under the mandatory provisions of CCP § 473(b). The motion also fails to establish that this motion, filed more than two months after the court's July 1...

Excerpt: ... Star Cinemas, LLC RULING: Motion for leave to amend plaintiff's Second 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 Second Amended Complaint will be deemed filed and served on the current defendant. RELIEF REQUESTED: File a Second Amended Complaint CONTENTS OF MOTION: (CRC...

Excerpt: ...ation System, Inc.'s “Joinder” to Demurrer of Defendant Citibank is denied to the extent said “joinder” seeks that this court grant affirmative relief in favor of defendant MERS, as opposed to urging the court to sustain defendant Citibank's demurrer in favor of Citibank. The “joinder” fails to cite any legal authority under which a party may join in the subject motions seeking relief in that party's favor. The court also is reluctant...

Excerpt: ...e message and emailed 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 CCP § 430.41 that sets forth the results of the meet and confer, and the parties are then ordered to return to the courtroom with the declaration. Defendant Samuel's UNOPPOSED Demurrer to Plaintiff's First Amended Complaint is OVERRULED as the third cause of a...

Excerpt: ...tion, Inc. dba Reliance Company RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Motion of Cobalt Construction Company for Summary Adjudication on the First Amended Cross-Complaint is GRANTED. Adjudiction No. 1: As a matter of law pursuant to the terms of the General Provisions, Zastrow Construction, Inc. owes Cobalt Construction Company a duty to immediately accept the defense of Cobalt Construction, ...

Excerpt: ...Opposition] Motion to Enforce Settlement Agreement and for Award of Attorney Fees is GRANTED in part. Pursuant to CCP § 664.6, the court finds that parties to pending litigation stipulated to the settlement of the case in a writing signed by the parties outside the presence of the court. Judgment is therefore entered in favor of plaintiff Hollytronic Capital Partners, and against defendants BK Sems, USA, Inc. and Keven Kim, jointly and severally...

Excerpt: ...n the State Bar of Califomia_ as required under CRC Rule Or: if proof of service shown The Application of Evan B. Berger: member in good standing of the State Bar of Florida: to appear pro hac vice in this action on behalf of defendants EFX, Inc. and Bryan Ono is granted. The court finds that the application complies with all requirements of CRC Rule 9.40 and that applicant has provided proof of service on the State Bar and payment of the requisi...

Excerpt: ...ving papers, and the declaration of defendant's expert are not accompanied by a declaration of the custodian of records, or otherwise authenticated, so the opinions submitted in support of the motion appear to have no evidentiary foundation. See Garibay v. Hemmat (2008) 161 Cal.App.4th 735. Even if the court were to consider the expert declaration to have shifted the burden to plaintiff to raise triable issues of material fact in connection with ...

Excerpt: ...DICE. The court finds that motion premature in light of the fact there is not yet a judgment in this matter establishing that a forfeiture of the lease is appropriate, and the court has not yet considered the evidence concerning the circumstances underlying the matter. RELIEF REQUESTED: Order of relief against a forfeiture of lease. SUMMARY OF FACTS: Plaintiffs Arshak Kouladjian, Nevear S. Kouladjian, Vartan A. Kouladjian, and Harmon E. Schwartz ...

Excerpt: ...ber 4, 2017, pers. within 30 days?: ok, Meet and confer extension <0003000300030003000300 00030003000300030003[ RULING: Defendant Jam Lu, Lillian Lu and Kathy Lu's Demurrer to Complaint: Demurrer to the first cause of action for breach of oral contract and second cause of action for breach of implied covenant of good faith and fair dealing is OVERRULED. Demurrer to the third cause of action for fraud is SUSTAINED. The cause of action is alleged a...

Excerpt: ... Cases is GRANTED. Case No. EC 063730 is ordered consolidated with Case No. NW 17B0 2768 and both cases also ordered consolidated <00480003004f0048004400 47000300460044005600480011[ REQUEST TO CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 063730 Patricia Bethune Kenneth Bucalo NW 17 B0 2768 Kenneth Bucalo Patricia Bethune 17 K0 9208 Kenneth Bucalo Patricia Bethune Procedural Requirements of Motion [CRC Rule 3.350]: Mandat...

Excerpt: ...cial Interrogatories (Set One) Motion to Compel Responses to Demand for Production of Documents (Set One) and Demand for Production of Electronically Stored Information (Set One) Motion for Order Establishing Admissions Motions are not considered by the court, as prepared and filed by counsel for plaintiff, Enterprise Counsel Group, ALC, which counsel has been disqualified from representing plaintiff in this matter by this court's order of Octobe...

Excerpt: ...sulting Group LLC's Demurrer to Plaintiff's Seventh Amended Complaint is OVERRULED. The court has previously determined the pleading is sufficiently stated against this defendant as to several causes of action after demurrers brought by this defendant were overruled. The scope of the court's previous order permitting leave to amend as to this defendant was limited to ratification allegations in connection with punitive damages, the sufficiency of...