Excerpt: ...medies Act 2) Violation of the Song-Beverly Act SUMMARY OF FACTS: 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 vehicle, plaintiff asked if the vehicle had been in any prior accidents, and that Carmax's salesperson said the car had not been any prior accidents. Based on this statement, plaintiff ente...

Excerpt: ...econd and third causes of action of Complaint Sanctions Impose monetary sanctions pursuant to CCP § 128.7 against attorney Martin Arteaga and the Law Offices of Martin Arteaga CAUSES OF ACTION: from Complaint 1) Negligence 2) Continuation of Decedent's Causes of Action (Survival Action) 3) Wrongful Death 4) Premises Liability 5) Strict Product Liability 6) Negligence (Against General and Heatcraft) SUMMARY OF FACTS: This action is brought by Ang...

Excerpt: ...) Negligence SUMMARY OF FACTS: Plaintiff Maroot Sahakian alleges that he was a paying tenant of defendant Sarkis Khachmanian at premises in Glendale, and that plaintiff was attacked and beaten by other tenants at the property, defendants Minasova, Artur, and a trespasser illegally housing with them, defendant Guillermo, as a result of which plaintiff suffered severe and disabling injuries. Plaintiff alleges that defendant Khachamanian, and his em...

Excerpt: ...laintiff's GAL, Adriana Martinez, in the amount of $1,600 SUMMARY OF FACTS: This case involves a claim by a special education needs student that the student was inappropriately touched by another special needs student in a school bathroom. On July 27, 2018, plaintiff filed a Notice of Settlement. On October 25, 2019, the court heard an expedited Petition to Approve Compromise of Disputed Claim of Minor S.M. filed on behalf of Petitioner Adriana M...

Excerpt: ...in favor of defendant Ridgeview Drive Ranch, Inc. dba Ridgeview Ranch Treatment Center as to plaintiff's complaint Causes of Action from Complaint 1) Wrongful Death—Negligence SUMMARY OF COMPLAINT: Plaintiffs Christina Cauble and Christopher Cauble allege that they are the mother and father of decedent Johnathan Cauble. Plaintiffs allege that in 2016 decedent Johnathan consulted and engaged for compensation the services of defendant Ridgeview D...

Excerpt: ...Insurance Company and against defendant Mahboob Talukder aka David Talukder In the alternative, summary adjudication of each cause of action Causes of Action from Complaint 1) Fraud 2) Equitable Indemnity 3) Unjust Enrichment 4) Money Paid SUMMARY OF COMPLAINT: Plaintiff Chicago Title Insurance Company alleges that in April of 2003, Penny Martin- Dougherty, the then owner of real property in North Hollywood, became in default on her two deeds of ...

Excerpt: ...ify its insureds Joven Sales & Service, Inc. and Joven Lactaoen Causes of Action from Complaint 1) Declaratory Relief SUMMARY OF COMPLAINT: The lead action is brought by plaintiffs Robert Minaezadeh and Artin Minaezadeh alleging that defendant Nshan Pogasyan dba MGM Cleaners owned, operated, maintained and controlled a unit of property on Glendale which caused a structure fire. The matter has been consolidated with several other actions arising o...

Excerpt: ...ction on a Judgment (CCP § 683.010, et seq.) 3) For Declaratory Relief SUMMARY OF FACTS: Plaintiff CM Laundry alleges that it is an industrial laundry which assists in the manufacture of blue jeans and other apparel, by washing and finishing garments to give them a popular “broken in” look. Plaintiff alleges that for a period of years, Luis Rodriguez managed CM Laundry, and during the time he was in charge, he and others working with him eng...

Excerpt: ...S OF ACTION: from Complaint 1) Intentional Misrepresentation 2) Negligent Misrepresentation 3) Financial Elder Abuse 4) Violation of California Penal Code § 496 SUMMARY OF FACTS: Plaintiffs Davis Transport LLC, and its members, plaintiffs Walter Davis and Cameron Davis, as members and personal representatives of the Bruce A. Davis Revocable Trust and of the Estate of Bruce A. Davis, bring this action against defendant Christine Davis, the sister...

Excerpt: ...This action was originally brought as an unlawful detainer action brought by plaintiff Ricardo Canales alleging that he is the landlord of premises in Glendale, and that defendant Ideal Kitchen Supply, Inc. entered into a written agreement with plaintiff to rent the premises for a fixed term, was served with a 3- day notice to pay rent or quit, and failed to comply with the requirements of the notice by the required date. On May 28, 2019, the mat...

Excerpt: ... No. Plaintiff(s) Defendant(s) 19GDCV01162 Georgianna Christine Garcia Burch Capital, Inc. 19PDUD02498 Burch Capital, Inc. Georgianna Christine Garcia FACTUAL BACKGROUND Plaintiff Georgianna Garcia alleges that she was the lawful owner of residential real property in Temple City, California, which was plaintiff's primary residence and owner-occupied. In January of 2018, plaintiff entered into a deed of trust with defendant Burch Capital, Inc. as ...

Excerpt: ...yers for damages CAUSES OF ACTION: from Complaint 1) Elder Abuse 2) Breach of Contract 3) Breach of Contract 4) Unfair Business Practices SUMMARY OF FACTS: Plaintiff Diahanna Allen alleges that she is 87 years old, and disabled, and the sole owner of two residential properties in the City of Glendale, which are approximately one block from each other at 1538 Highland Avenue and 1613 Highland Avenue. Plaintiff alleges that the 1538 Property contai...

Excerpt: ...Professions Code § 17200 et seq. 3) Fraudulent Concealment SUMMARY OF FACTS: Plaintiff J. Jim Ye alleges that in September and October of 2018, plaintiff, after hearing and seeing advertisements to invest in defendant Chineseinvestors.com, Inc., was invited to subscribe and invest in convertible preferred shares in defendant. Plaintiff received various sales materials and offering documents from defendant regarding the investment, which from the...

Excerpt: ...DGED? Yes FACTS: Plaintiff Michael Wu alleges that in 2014, defendant Linda Varma, as Trustee of the Linda Diane Varma Trust, Dated July 17, 2009, entered into a Residential Purchase Agreement with plaintiff to sell to plaintiff real property in Pasadena for a price of $1,015,000. Plaintiff alleges that pursuant to three addenda, the escrow was to close on or before July 31, 2015, with Varma prohibited from accepting other offers on the property ...

Excerpt: ...Plaintiff Mary Manvelyan Causes of Action from Third Amended Complaint 1) Violation of Consumer Legal Remedies Act 2) Violation of Song-Beverly Consumer Warranty Act 3) Violation of California Vehicle Code §11713.18(a)(6) 4) Violation of California Business & Professions Code 17200 5) Declaratory Relief SUMMARY OF COMPLAINT: Plaintiff Mary Manvelyan alleges that in June of 2016, she purchased a Carmax certified vehicle from defendant Carmax as t...

Excerpt: ...ding Party: Defendant Uzrad Causes of Action from Complaint 1) Nonpayment of Promissory Note 2) Money Lent 3) Money Had and Received SUMMARY OF COMPLAINT: Plaintiff Yair Ben Moshe alleges that in February of 2015, defendant Uzrad Lew made, executed and delivered to plaintiff a Promissory Note for the principal sum of $127,300.00, for value received. Plaintiff alleges that on February 13, 2018, defendant breached the Note by failing to pay the sum...

Excerpt: ...ence St. Joseph Medical Center 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 providers, negligently performed a colonoscopy procedure on plaintiff which perforated his colon in multiple areas. Plaintiff alleges that after the procedure, his pain worsened, and he went into septic shock. ...

Excerpt: ...dez alleges that in 2006 she purchased her home in Pasadena, and in 2018 was solicited by the current lenders, several individuals and companies that together refinanced plaintiff's loan, to refinance her mortgage into an adjustable rate ARM, which plaintiff alleges was a predatory loan. The complaint alleges that the servicing of the loan was assigned to FCI Lender Services, Inc., and that in January of 2019, without plaintiff's knowledge or not...

Excerpt: ...plaintiff is a real estate investor in the business of purchasing and flipping various commercial and residential properties, and that plaintiff obtained the services of defendants Sung Brothers Corp. dba Splendid 4D Studio, Wenjay Sung and Yue Zhao for plaintiff's construction and repair needs, specifically, architectural and design needs for properties located in El Segundo. Plaintiff alleges that plaintiff intended to complete construction on ...

Excerpt: ...nded Complaint In the alternative, summary adjudication of the third and fifth causes of action Moving Party: Defendant Southern California Home Medical Services, Inc. dba Home Medical Supplies Responding Party: Plaintiffs The Estate of Maureen Allen by and through its successors in interest, Floyd Allen, and Floyd Allen, individually Causes of Action from First Amended Complaint 1) Dangerous Condition 2) Wrongful Death—Negligence 3) Wrongful D...

Excerpt: ...an from Countrywide Home loans, which is a predatory variable rate interest-only loan that periodically adjusted. Plaintiff signed a promissory note, which was secured by a deed of trust. Plaintiff alleges that defendant Nationstar Mortgage LLC dba Mr. Cooper is the mortgage loan investor's authorized agent as mortgage servicer, responsible for interacting with the borrower, and managing then loan. Plaintiff alleges that in October 2014, plaintif...

Excerpt: ...econd and third causes of action of Complaint Sanctions Impose monetary sanctions pursuant to CCP § 128.7 against attorney Martin Arteaga and the Law Offices of Martin Arteaga CAUSES OF ACTION: from Complaint 1) Negligence 2) Continuation of Decedent's Causes of Action (Survival Action) 3) Wrongful Death 4) Premises Liability 5) Strict Product Liability 6) Negligence (Against General and Heatcraft) SUMMARY OF FACTS: This action is brought by Ang...

Excerpt: ...f action, relation back allegations CAUSES OF ACTION: from First Amended Complaint 1) Negligence v. Monterossa 2) Premises Liability v. Ingenious Asset Group, 7‐Eleven, Inc. SUMMARY OF FACTS: Plaintiff Sirarpi Varzhapetyan originally filed a form complaint, alleging that on February 13, 2015, at an intersection in Glendale, defendant Fredy A. Hernandez Monterossa operated a motor vehicle negligently and was the legal cause of injuries and damag...

Excerpt: ...lation of Instrument 4) IIED SUMMARY OF FACTS: Plaintiff WVBAGD, LLC alleges that it is the successor in interest to Dove Street Capital Lenders, which loaned the Borrower Defendants, BABBB, LLC, A. Barnes, B. Barnes, DLG, D. Galletly and G. Galletly, the principal sum of $250,000, pursuant to a secured Promissory Note signed by all of the Borrower Defendants. Plaintiff alleges that the Note is secured by two deeds of trust on real property, whic...

Excerpt: ...ty Casualty Co. of America and Travelers Indemnity Company of Connecticut RELIEF REQUESTED: File a First Amended Answer Compel production of business records in response to subpoenas CONTENTS OF MOTION: (CRC 3.1324(a)) Effect of Amendment Adds affirmative defense of release RELEVANT FACTS: Plaintiff Jon Barker alleges that she owns real property in Bradbury, improved with a single- family home, which is near the top of a hillside near a reservoir...

Excerpt: ...n favor of plaintiff Michael Wu and against defendant Varma as Trustee on plaintiff's complaint Summary adjudication in favor of cross-defendant Michael Wu on the seventh, eighth, ninth and tenth causes of action of cross-complainant Varma's Second Amended Cross-Complaint Causes of Action from Complaint 1) Breach of Contract 2) Tortious Interference with Contract 3) Negligence Causes of Action from Second Amended Cross-Complaint 1) Fraud and Misr...

Excerpt: ...ainst Cross-Complainant Michael Sayer ANALYSIS: The Third Amended Complaint alleges that this matter concerns the alleged fraudulent conveyance of seven properties in which plaintiffs have an equitable interest. The TAC alleges that previously there was litigation arising out of former defendant Li-Ya Huang's actions of defrauding her parents, plaintiffs Wang Shiu Hsia Huang and Tuu Cherng Hwang, out of nearly two million dollars with which they ...

Excerpt: ...action for mandatory relief to seek such relief in connection with the preceding stand-alone causes of action, and not a separate cause of action itself. Defendant's Motion to Strike Punitive Damages is DENIED. Ten days to answer. Demurrer to Plaintiff's Complaint: Demurrer is OVERRULED to the first, second, third, fourth, fifth and seventh causes of action. Demurrer is OVERRULED to the sixth cause of action for Mandatory Injunction. Plaintiff ma...

Excerpt: ...: Plaintiff Navigators Specialty Insurance Company alleges that it paid more than $1 million to defend and settle an action brought against its insured, Professional Builders, Inc., which plaintiff paid under a full reservation of rights. Plaintiff now seeks to recover from defendant reimbursement of defense expenses and settlement payments attributable to non-covered claims. On December 1, 2017, the court heard a special anti-SLAPP motion to str...

Excerpt: ...from First Amended Complaint 1) Assault 2) Battery 3) Negligence SUMMARY OF FACTS: Plaintiff Maroot Sahakian alleges that he was a paying tenant of defendant Sarkis Khachmanian at premises in Glendale, and that plaintiff was attacked and beaten by other tenants at the property, defendants Minasova, Artur, and a trespasser illegally housing with them, defendant Guillermo, as a result of which plaintiff suffered severe and disabling injuries. Plain...

Excerpt: ...ments, Inc. RULING: UNOPPOSED Motion by Plaintiff Northern California Collection Service, Inc. for Terminating Sanctions, or in the alternative for Evidentiary Sanctions is GRANTED. Defendant has failed to comply with this court's order of May 10, 2019 to serve further responses to Form Interrogatories, Set One. Defendant has also failed to file timely written oppositions to the prior motion or this motion. This has resulted in prejudice to plain...

Excerpt: ...nts & authorities supporting sanction: yes RULING: Defendant Warren Properties, Inc.'s Demurrer to Second Amended Complaint is OVERRULED. Ten days to answer. Defendant's Motion for Terminating Sanction is DENIED. The court orders plaintiff Jessica Kramer to fully comply with the court's April 26, 2019 minute order within ten days, including the payment of monetary sanctions. If such compliance requires further sets of responses, further responses...

Excerpt: ... to first cause of action of Complaint RULING: The court has reluctantly considered the demurrer despite the fact it was not timely filed and served within thirty days of defendant being served with the complaint, or within the time permitted for the parties to stipulate to an extension of time without a court order. Counsel for defendant is cautioned that in the future the court may refuse to consider pleadings not filed in conformity with the s...

Excerpt: ...y Adjudication) [CCP § 437c] <0003000300030003000300 00500053004f0044004c[nant Manchester Properties, Inc. Responding Party: Cross-Defendant Hamidreza Malekzadeh Kashani (No Opposition) <0003000300030036005800 0047004a005000480051[t, or in the alternative, summary adjudication of issues on the First Amended Cross-Complaint Causes of Action from First Amended Cross-Complaint 1) Breach of Written Lease SUMMARY OF COMPLAINT: Plaintiff Hamidreza Mal...

Excerpt: ...3000300030003000300 000300030003> <0048004700030026005200 500053004f0044004c00510057> Meet and Confer? Yes CAUSES OF ACTION: from Second Amended Complaint (Body of pleading, not caption) 1. Dual Tracking 2. Fraud 3. Conspiracy 4. Unfair Business Practices SUMMARY OF FACTS: Plaintiff Anthony Siracusa alleges that he owns real property in San Gabriel, that the owner of the loan is Freddie Mae, the servicer of the loan is Wells Fargo, and the subjec...

Excerpt: ...adings is GRANTED WITHOUT LEAVE TO AMEND to the first cause of action for accounting, second cause of action for conversion, third cause of action for money had and received and fifth cause of action for quiet title, based on the concession in the moving papers that these matters involve the resolution of religious doctrine. Motion is GRANTED WITH LEAVE TO AMEND as to the fourth cause of action for declaratory relief. Any amendment is to be limit...

Excerpt: ...led? Yes RELIEF REQUESTED: Set aside default and default judgment (entered June 25, 2019) RULING: <0048005100570003004c00 00270003005300580055[suant to CCP § 473(b), based on defendant's mistake, surprise and/or excusable neglect. Default entered on June 25, 2019 is set aside. Defendant is ordered to efile with the court by close of business this date a separate, original signed Answer to the Complaint and Cross-Complaint. FACTUAL AND PROCEDURAL...

Excerpt: ...ker RELIEF REQUESTED: <0048004700030026005200 500053004f0044004c00510057[ RULING: Demurrer to Plaintiff's Second Amended Complaint is OVERRULED. Ten days to answer. CAUSES OF ACTION: from Second Amended Complaint 1. Medical Negligence SUMMARY OF FACTS: Plaintiff Shannon L. Seeker alleges that in or about August 20, 2015, an employee of defendants Hill Medical Corporation, Jim and Eleanor Randall Breast Center and Huntington-Hill Breast Center, du...

Excerpt: ... Corp., Hsien Lun Tsai, Grace Tsai, et al. RELIEF REQUESTED: Sustain demurrer to first and second causes of action of First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1. Fraud 2. Civil Conspiracy to Commit Fraud 3. Breach of Written Contract RULING: Defendant Amaxi Nutrition Products, Inc.'s Demurrer to First Amended Complaint is SUSTAINED WITH LEAVE TO AMEND. Demurrer to the first cause of action for fraud is SUSTAINED WITH...

Excerpt: ...arty: Cross-complainant Dot Dot Smile, LLC (No Opposition) RELIEF REQUESTED: Sustain demurrer to Cross-Complaint Strike Punitive Damages CAUSES OF ACTION: from Complaint 1. Intentional Misrepresentation 2. Negligent Misrepresentation 3. Breach of Contract 4. Implied Indemnity 5. Equitable Indemnity 6. Unfair Business Practices SUMMARY OF FACTS: Plaintiff FCMT, Inc. alleges that defendant Dot Dot Smile, Inc. placed garment orders with plaintiff fo...

Excerpt: ...OF ACTION: from Second Amended Complaint 1. Negligence Medical Malpractice 2. Strict Product Liability RULING: [No Opposition] Defendant Huntington Memorial Hospital's UNOPPOSED Demurrer to Plaintiff's Third Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND for the reasons stated in the moving papers, and in the court's previous minute order of May 10, 2019. Olympus America Inc's UNOPPOSED Demurrer to Plaintiff's Third Amended Complaint is SU...

Excerpt: ... 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): Yes, Ex. B <0003000300030003000300 00030003000300030003[ Yes <0003000300030003000300 00030003000300030003[<004f004f005c0003000300 03000300030003[ Serially numbered to differentiate the sequential order of the amendments? Yes States what allegations are proposed to be deleted or added? Yes Date ...

Excerpt: ... is CONTINUED to October 25, 2019 at 9:00 a.m. The court finds that plaintiff has failed to establish by admissible evidence that plaintiff is under 14 years of age. FACTUAL BACKGROUND: Plaintiff Charlotte Fang, through her GAL Juanzi Fang, alleges that plaintiffs leased a pool house from defendants Fusheng Li and Lei Zhao, (the “Homeowners”) and that defendants Tina Lai, Kuan Sung, Real Estate Elite Corp. and Remax Premier Properties acted a...

Excerpt: ... Providence St. Joseph Medical Center Responding Party: Plaintiff Jason Steger CAUSES OF ACTION: from Complaint 1) Medical Malpractice SUMMARY OF COMPLAINT: Plaintiff Jason Steger alleges that in October of 2016, plaintiff was admitted to defendant <0003004400450047005200 004c0051000f00030044[nd that defendants, various medical providers, negligently performed a colonoscopy procedure on plaintiff which perforated his colon in multiple areas. Plai...

Excerpt: ...tions Sought CRC separate statement, etc.: Yes DECLARATION SUPPORTING MOTION: Executed per CCP §§ 2015.5, 2030(l); CRC 315(a): ok Reasonable and good faith attempt to resolve informally: ok FACTUAL BACKGROUND: Plaintiff Gonzalo Mendoza alleges that in June of 2017 plaintiff purchased a 2017 GMC Sierra 1500, which was manufactured by defendant General Motors LLC, and was purchased from defendant's authorized dealership. Plaintiff alleges that in...

Excerpt: ...endants' Motion to Strike Portions of First Amended Complaint is construed by the court as a motion to strike portions of plaintiff's complaint. The motion is denied as untimely and on its merits. Ten days to answer. CAUSES OF ACTION: from Complaint 1) Negligence 2) Premises Liability 3) Breach of Covenant of Quiet Enjoyment 4) Breach of Implied Warranty of Habitability 5) Maintenance of Nuisance 6) Constructive Eviction SUMMARY OF FACTS: Plainti...

Excerpt: ...ird party DiRosario & Daughter, LLC (No Opposition) FACTUAL BACKGROUND Plaintiff Navigators Specialty Insurance Company alleges that it paid more than $1 million to defend and settle an action brought against its insured, Professional Builders, Inc., which plaintiff paid under a full reservation of rights. Plaintiff now seeks to recover from defendant reimbursement of defense expenses and settlement payments attributable to non-covered claims. On...

Excerpt: ...of years pursued a business in which he could invent and sell shisha made from tea leaves, free of tobacco, nicotine, tar, chemicals, dyes and other artificial ingredients, sought the assistance and advice of plaintiff and ultimately offered plaintiff a 45% ownership interest in the company, to which plaintiff agreed. The company was incorporated as defendant Heavenleaf, Inc. with plaintiff taking on the role as Director and CFO, and defendant Na...

Excerpt: ...281.2): Ortiz Decl., Ex. 1 No waiver of right to compel arbitration (CCP §1281.2(a); 1281.5): None mentioned No grounds for revocation of agreement to arbitrate (CCP §1281.2(b)): None mentioned Parties to the agreement are not parties to an action with a third party arising out of the same transaction, occurrence, or event with the possibility of conflicting rulings on a common issue of law or fact (CCP §1281.2(c))* [but does not apply to arbi...

Excerpt: ...tive, summary adjudication of each cause of action Causes of Action from First Amended (Form) Complaint 1) General Negligence 2) Premises Liability SUMMARY OF COMPLAINT: Plaintiff Sheila M. Williams alleges that defendants County of Los Angeles and City of Pasadena failed to properly maintain a dirt area between a light standard and south parking lot driveway on Lake Avenue in Pasadena, so that there was a nearly six-inch dip in the dirt near the...