Excerpt: ...native, summary adjudication of each cause of action Causes of Action from Second Amended Complaint 1) Discrimination 2) Failure to Prevent Discrimination Government Code sections 12940 (a) and 12940 (k) 3) Retaliation in Violation of Government Code section 12940 (h) SUMMARY OF COMPLAINT: Plaintiff Micko White alleges that he was employed by defendant the City of Pasadena in its Water and Power Department for over thirty years, and that during t...

Excerpt: ...adia, which she occupies as her principal residence, and that during the course of paying off the mortgage loan on the subject property, in February of 2015, defendants' predecessor in interest, Shellpoint Mortgage Servicing, on behalf of the holder in due course of the mortgage loan, offered to settle the entire unpaid principal balance under the subject loan ($48,381.59) with a one-time lump sum payment of $19,352.64 due by April 15, 2015. Plai...

Excerpt: ...alleges that on June 9, 2015, plaintiff was traveling on Interstate 5 southbound approximately 100 feet north of Alameda Avenue in the City of Burbank, where a low hanging live and uncovered electrical wire was stretched across the freeway, hanging at such a height that it posed an unreasonable and foreseeable risk of contact by tall vehicles passing below. Plaintiff alleges that as he was approaching the site of the overhanging electrical wire, ...

Excerpt: ...unitive, treble damages, attorneys' fees CAUSES OF ACTION: from Complaint 1) Negligence v. All Defendants 2) Negligent Supervision v. All Defendants 3) Negligent Hiring/Retention v. All Defendants 4) Negligent Failure to Warn, Train or Educate v. All Defendants 5) Constructive Fraud v. All Defendants 6) Breach of Fiduciary Duty v. All Defendants 7) IIED v. All Defendants 8) Sexual Harassment v. All Defendants 9) Sexual Battery v. Deguzman 10) Gen...

Excerpt: ...Breach of Implied Warranty of Habitability 2) Battery 3) Negligence—Premises Liability—Failure to Warn 4) Nuisance 5) IIED 6) NIED 7) Breach of Contract 8) Breach of Covenant of Quiet Enjoyment SUMMARY OF FACTS: Plaintiffs Sharon Suzanne Bui, Thy Tran Thahn Vu, and Jesse Turner Crawford, IV allege that from August 30, 2018 through September 3, 2018, they stayed as guests pursuant to a rental agreement, at premises in San Gabriel, owned or man...

Excerpt: ... Inzalaco “Joinder” by defendant County of Los Angeles-- summary judgment on its own behalf Causes of Action from First Amended (Form) Complaint 1) Premises Liability SUMMARY OF COMPLAINT: Plaintiff Virginia Inzalaco alleges that in February of 2020, she was walking along a public sidewalk between a parking lot operated by defendant City of Temple City and 5829 Temple City Boulevard in Temple City, when she tripped on an uneven concrete sidew...

Excerpt: ...express indemnity in the cross-complaint Summary adjudication as to the claim for negligent entrustment in the first cause of action for negligence Causes of Action from Cross-Complaint 1) Negligence 2) Contractual Indemnity 3) Equitable Indemnity 4) Contribution 5) Declaratory Relief SUMMARY OF FACTS: Plaintiff Lisa Goodrich alleges that on June 19, 2017, while she was a passenger in a vehicle which was entering an intersection, defendant Guille...

Excerpt: ...ud 3) Elder Abuse SUMMARY OF FACTS: Plaintiff Elva Castorena alleges that plaintiff entered into a written contract with defendant Pacific Coast Home Solutions, Inc. for significant home remodeling work, and that separate contracts were formed between plaintiff and defendant ASO, LLC and defendant1st Point Lending for a loan to pay for the work. Plaintiff also alleges that a third agreement existed between plaintiff and defendant HERO Program, wh...

Excerpt: ...Harrison RELIEF REQUESTED: File a Second Amended Complaint Date Original Complaint filed: November 5, 2019 Effect of Amendment Joins defendants The American National Red Cross, Natalie Del Castillo, Giancarlo Dimassa, M.D., P.C., Dimassa Family Trust, Trevor Borham and Life Saving Certified, adds a cause of action for fraud, adds allegations of gross negligence RELEVANT FACTS: Plaintiffs Elena Matyas and Douglas Forbes, the parents of decedent Ro...

Excerpt: ...int 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 Health and Safety Code section 1317 4) IIED 5) Negligent Hiring, Supervision, or Retention of Employee SUMMARY OF FACTS: Plaintiff Shake Rubyan alleges t...

Excerpt: ...s of Action from Second Amended Complaint 1) Legal Malpractice 2) Negligent Advice to Client 3) Constructive Fraud 4) Breach of Fiduciary Duty 5) Breach of Contractual Commercial Lease 6) Intentional Misrepresentation of Material Facts 7) Fraud in the Inducement 8) Negligence 9) Breach of Warranty of Quiet Enjoyment 10) Constructive Eviction 11) Breach of the Covenant of Good Faith and Fair Dealing 12) IIED 13) Breach of Oral Contract 14) Breach ...

Excerpt: ...Set Two Responses to Request for Production of Documents, Set One Responses to Request for Production of Documents, Set One Order Deeming Requests for Admissions Admitted CHRONOLOGY Date Discovery served: October 2, 2020 Extensions of time to respond until: December 14, 2020 Date Responses served: December 15, 2020, no verifications Date Motion served: January 20, 2020 Timely OPPOSITION: No opposition. ANALYSIS: Interrogatories and Documents Unde...

Excerpt: ... to permit discovery into matters relating to the enforcement of the preliminary injunction issued in this case. SUMMARY OF FACTS: The complaint alleges that plaintiff J & J Freight Solutions, LLC is a successful trucking business, and that Golden J Group, Inc. is a sister business of J & J, providing backup services for J & J that comprised of assisting in port entry, trucking, repairing, warehousing and repackaging services, as well as handling...

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: ...operty in Pasadena, located at 285 Arlington, which is within a common interest development governed by the Arlington Green (the “Association”). Plaintiff alleges that her unit has a balcony deck with tile flooring and a roof covering it, and that a dispute has arisen between plaintiff and the Association concerning alleged water intrusion into the unit beneath plaintiff's unit, 287 Arlington. Plaintiff alleges that the Association has contra...

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: ...e [Exhibit 14] RELIEF REQUESTED BY MOVING PARTY: Order compelling the defendant to produce a PMQ for all categories enumerated in the deposition notice, and directing defendant to comply within ten calendar days DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Ex.15, Kim Decl., para. 10 MONETARY SANCTION REQUESTED BY MP: No Monetary Sanctions sought FACTUAL BACKGROUND: Plaintiff Livia Chandra alleges th...

Excerpt: ...t plaintiff In the alternative, summary adjudication of each cause of action and claim for general damages Causes of Action from First Amended Complaint 1) Violation of Consumer Legal Remedies Act 2) Violation of Song-Beverly Act SUMMARY OF COMPLAINT: Plaintiff Tamara Hopkins alleges that in December of 2015 she purchased a vehicle from defendant Carmax Auto Superstores California, LLC as seller. Plaintiff alleges that prior to purchasing the veh...

Excerpt: ...FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Marcel Miller brings this action against his former residential landlord, defendant 1042 Western Apartment, LLC, alleging that during his tenancy in the subject apartment unit, defendant failed to provide habitable living conditions. It is also alleged that defendant harassed and made verbal threats to plaintiff in retaliation for plaintiff complaining about the condition of the subject unit, and that ...

Excerpt: ... Complaint filed: October 2, 2018 Effect of Amendment Adds cause of action for constructive trust, adds an additional defendant, Prapis Lertsmitivanta, and amend allegations to reflect newly discovered information RELEVANT FACTS: Plaintiff Prapai Benjauthrit brings this action against her brother, defendant Booseing Benjauthrit, alleging that the parties took title to four properties on Marion Drive in Glendale in 1977 as joint tenants, with the ...

Excerpt: ...omplaint 1) Negligence 2) Assault and Battery 3) IIED 4) NIED 5) Negligent Supervision, Negligent Hiring, and Retention SUMMARY OF FACTS: Plaintiff Anthony Reyes alleges that in April 2019 while he was a tenth grade student at defendant Village Christian School, another student at the school, defendant Dietrich Amrhein (“Manolo”), inserted a dildo into plaintiff's anus over his clothing, causing plaintiff immediate pain. Plaintiff alleges tha...

Excerpt: ... Indebitatus Assumpsit 5) Quantum Meruit 6) Money Lent 7) Money Paid 8) Account Stated SUMMARY OF FACTS: Plaintiff BLT Communications, LLC alleges that in October of 2017, plaintiff entered into a written agreement with defendants Facing East Entertainment, a partnership, pursuant to which plaintiff agreed to provide various entertainment services, which plaintiff performed. The Third Amended Complaint alleges that defendants Markus Barmettler, F...

Excerpt: ...of Good Faith and Fair Dealing 3) Intentional Interference with Contractual Relationship 4) Harassment 5) Private Nuisance 6) IIED 7) Loss of Consortium SUMMARY OF FACTS: Plaintiff American Express National Bank brings this action to collect sums allegedly due to plaintiff by defendant Matthew Klint for failure to repay credit extended to defendant for purchases or cash advances on two American Express credit card accounts. Defendant Klint has fi...

Excerpt: ...use of Prayer, Inc. (No Opposition) Cross-Complainant Sherrie Carr (Strike—No Opposition) RELIEF REQUESTED: Evidence sanctions precluding defendants from presenting any evidence in support of affirmative defenses in answers or evidence of damages claimed on cross-complaint Evidence sanctions precluding defendants from introducing any documents at trial Strike seventh cause of action from Second Amended Cross-Complaint CHRONOLOGY Date Discovery ...

Excerpt: ...ch he intends to develop, and that he took title and possession of the property with notice that defendants Scott Heitkamp and Lorraina Arceo, the owners of property adjoining the subject property, used a walking path across the property to access the adjoining property. Plaintiff alleges that plaintiff has discovered that no easement has been recorded against the subject property for the walking path, that the prior owner of the property was fri...

Excerpt: ...ding Inc. Construction dba Building Construction Group on the second and seventh causes of action set forth in the Complaint filed by plaintiffs. CAUSES OF ACTION: from Third Amended Complaint 1) Rescission (SWH Contracts) 2) Rescission (BCG Contract) 3) Fraud (SWH Contracts) 4) Fraud (BCG Contract) 5) Breach of Fiduciary Duty 6) Professional Negligence 7) Violation of Business and Professions Codes 8) Breach of Contract (SWH Contracts) 9) Breach...

Excerpt: ...her Response to Form Interrogatories, Set One, Number 10.3 Further Response to Special Interrogatories, Set One, Number 5 Orders quashing subpoena for production of business records issued by defendant Dedicato Treatment Center, Inc. on the custodian of records for Dr. George Tang. DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes FACTUAL BACKGROUND: Plaintiff Linda Jean Pawlik alleges that after several ...

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: ...intiff Akop Torosian retained the services of defendant Arutyun Fitilchyan, a locksmith, to provide locksmith services at plaintiff's residence in Glendale. When defendant failed to show up for a scheduled meeting, and plaintiff called defendant to find out his estimated time of arrival, defendant became upset, using profanity and abusive language. Plaintiff contacted defendant Ashot Mkhitaryan, defendant Fitilchyan's apprentice, whom plaintiff k...

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: ...ATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Euredjian Decl., para. 4, Ex. 3 FACTUAL BACKGROUND: Plaintiff Sheldon Rabinowitz alleges that in December of 2018, plaintiff underwent a procedure to excise a melanoma on his scalp at defendant Huntington Ambulatory Surgery Center. Plaintiff alleges that the excision was performed by defendant Isaac Benjamin Paz, M.D., and that while preparing the area for the excis...

Excerpt: ...ject matter jurisdiction FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Sam Rotter brings this action against defendant Cheryl Strange, in her official capacity as Secretary of the Department of Social and Health Services for Washington State, alleging that a divorce took place in Washington on August 5, 1998, with court proceedings being conducted with the wife being represented by counsel while husband's counsel left precipitously, forcing an unp...

Excerpt: ...ons Admitted CHRONOLOGY Date Discovery served: August 6, 2020 Extension to Respond to: October 1, 2020 Date Responses served: NO RESPONSES SERVED Date Motion served: November 5, 2020 Timely ANALYSIS: Document Demands Under CCP § 2031.300, “if a party to whom a demand for inspection, copying, testing or sampling is directed fails to serve a timely response to it,” that party “waives any objection to the demand, including one based on privil...

Excerpt: ...nik Nazaryan (No Opposition) Relief Requested: Order entering summary judgment, or in the alternative, summary adjudication against defendant Onnic Nazaryan Causes of Action from Complaint 1) Breach of Contract 2) Common Count 3) Claim & Delivery * 4) Conversion * *Causes of Action dismissed without prejudice pursuant to Request for Dismissal on 12/22/21 SUMMARY OF COMPLAINT: Plaintiff Financial Services Vehicle Trust, by and through its servicer...

Excerpt: ...manufactured or distributed by defendants General Motors and Allen Gwynn Chevrolet, and that within days of plaintiff acquiring the vehicle, and during the warranty period, the vehicle contained or developed defects, including defects related to the vehicle's stop and start system, defects which would not allow the engine to engage or the vehicle to operate, and defects causing the rear doors open while the vehicle was in motion. The complaint al...

Excerpt: ...ESTED: Evidence sanctions precluding defendants from presenting any evidence in support of affirmative defenses in answers or evidence of damages claimed on cross-complaint CHRONOLOGY Date Discovery served: February 7, 2020 Extension to Respond to: April 10, 2020 (Decl., para. 5) Date Responses served: NO RESPONSES SERVED Date of Court Order: September 18, 2020 (Responses and Production Due within ten days, RFAs verified responses by 10/16/20; sa...

Excerpt: ...ical Malpractice 2) Negligence- Design, Manufacture and Sale 3) Strict Products Liability—Failure to Warn 4) Negligence—Failure to Warne 5) Negligence 6) Fraud—Intentional Misrepresentation 7) Fraud—Negligent Misrepresentation SUMMARY OF FACTS: Plaintiff Jason Steger alleges that in October of 2016, plaintiff was admitted to defendant CSJ Providence St. Joseph Medical Center with abdominal pain, and that defendants, various medical provid...

Excerpt: ...ri alleges that in July of 2014 he entered a written agreement with defendants Govind Vaghashia dba Quality Inn and Suites, Sonal Vaghashia dba Travelodge Burbank, Prashant Vaghashia dba Quality Inn Burbank Airport, Mita Vaghashia and Vaghasia Family Partnership Limited, the owners of hotels/motels in Southern California, wherein it was agreed that plaintiff would be responsible for the management of defendants' Quality Inn hotel/motel in Burbank...

Excerpt: ...ation for Writ and all declarations or affidavits in support of motion (CCP §512.010) __X__ Memo of Points & Authorities (CCP § 512.050) __X__ Proof of Service (CCP § 512.030) GROUNDS FOR MOTION Showing of the basis of the plaintiff's claim and that entitled to possession? Plaintiff Financial Services Vehicle Trust (“FSVT”), through its servicer BMW Financial Services NA, LLC, (“BMW FS”) is an assignee of a Motor Vehicle Lease Agreemen...

Excerpt: ... Protective Order Order quashing or for protective order regarding deposition subpoena for production of business records to Vincent Dudziak, deposition subpoena for personal appearance and production directed to Jeff Mullins, and notice of deposition of defendant Stull, or to stay the taking of the depositions of Mullins and Stull CAUSES OF ACTION: from Second Amended Complaint 1) Breach of Contract 2) Open Book Account 3) Account Stated 4) Reas...

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: ...Bureau, Inc. (Relief from Waiver) Defendant Richardson Ober PC (Terminating) RELIEF REQUESTED: Relief from waiver of objections and for a protective order Terminating sanctions. In the alternative, further responses to Demand for Production of Documents CHRONOLOGY Date Discovery served: March 26, 2020 Extension to Respond to: May 11, 2020 Date Responses served: October 16, 2020 (Untimely) FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Creditors Adj...

Excerpt: ...iff MONETARY SANCTION Notice stating person/party/counsel against whom sanction being sought: Plaintiff and counsel Notice stating amount sought: $940, each of 3 motions Declaration supporting amount sought: 5 hours preparing moving papers/3 motions 3 hours preparing replies / 3 motions @ $330 per hour Filing fees = $60 TOTAL= $960 for each of three motions Points & authorities supporting sanction: yes CHRONOLOGY Date Discovery served: October 28...

Excerpt: ...ments and failed to pay a total outstanding loan balance due in excess of $339,421.33. The file shows that on April 27, 2020, plaintiff filed a Request for Entry of Default, which was entered as requested the same date. On April 30, 2020, defendant filed an Answer to Unverified Complaint, which was accepted for electronic filing. At a Case Management Conference on August 24, 2020, the minute order indicates that the Court inspected the Default an...

Excerpt: ... and alleging various causes of action, including for abuse of process, trespass, and violation of her Fourth Amendment and privacy rights. The City prevailed on a special motion to strike White's cross-complaint under CCP § 425.16, and successfully opposed White's subsequent anti-SLAPP motion against the City's complaint. White appealed from the orders granting the City's anti-SLAPP motion and denying her anti-SLAPP motion, as well as from the ...

Excerpt: ...ation of Health & Safety Code sections 7100 et seq. 2) Negligence 3) Fraud 4) Intentional Misrepresentation 5) Negligent Misrepresentation 6) Breach of Implied Covenant of Good Faith and Fair Dealing 7) Conversion 8) IIED SUMMARY OF FACTS: Plaintiff Iwona Zolnierkiewicz alleges that she is the daughter of decedent Malgorzata Krolikowski, the next in kin with ownership and control of Krolikowski's human remains. The FAC alleges that on September 1...

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: ...t shareholder of Chess Park @ BMPP, Inc. (the “Company”), and one of two directors, serving as the Company secretary, and that defendant Albert Barseghian is a fifty percent shareholder in the Company, one of two directors of the Company, and serves as the Company's CEO and CFO. The Company operates a high end restaurant called Chess Park and a Big Mama's and Papa's Pizzeria. Plaintiff alleges that he and his brother built the business and th...

Excerpt: ...to resolve informally: ok, Ulrich Decl., para. 7 FACTUAL BACKGROUND Plaintiff Mark Leeds alleges that in February of 2014, he retained defendant Charles Clark to represent him in an underlying action plaintiff had filed for declaratory relief against The Law Offices of Reino & Iilda, stemming from a purported contractual agreement between plaintiff and the Law Offices whereby plaintiff was to receive 25% of attorney fees earned for workers compen...

Excerpt: ...int. Causes of Action from Complaint 1) General Negligence v. All Defendants 2) Premises Liability v. Shea Properties Management Company, Inc. SUMMARY OF COMPLAINT: Plaintiff Steven J. Perez alleges that in January of 2016 he parked his vehicle in in a designated parking space next to a parking lot island located at a parking lot in Alhambra, which was at that time still under construction. Plaintiff alleges that he stepped out of his vehicle and...