Excerpt: ... Rosa Cortez, Angelica Campos, Jennifer Campos, Manual Campos, Oscar Campos, Gaby Campos, Ofella Salazar, Jorge Hernandez, Maria Hernandez, Hernan Hernandez and Angel Hernandez RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: The Leeds Defendants' Motion for Summary Adjudication of Plaintiff's Punitive Damages Claim is DENIED. Plaintiffs have submitted evidence which supports a reasonable inference tha...

Excerpt: ...er RULING: Demurrer by Defendant Dignity Health is SUSTAINED IN PART WITH LEAVE TO AMEND. The demurrer is sustained on the ground the complaint fails to sufficiently allege the negligent action or omission allegedly engaged in by the moving defendant which caused a specified harm or injury, so fails to sufficiently allege breach of duty or causation on the part of moving defendant as Doe 11. Demurrer on all other grounds is OVERRULED. Ten days le...

Excerpt: ... PROCEDURAL BACKGROUND: Plaintiffs Vilma Allahverdi and Vazrik Allahverdi allege that they are the owners of a single-family, owner-occupied primary residence in Glendale, which was purchased by their parents in 1999, with the title and ownership transferred to plaintiffs as joint tenants in 2015. <0003001500130014001900 00570003002700480048[d was executed presumably by plaintiff Vilma, which purported to transfer 100% of the subject property to ...

Excerpt: ...[ Service Center Co., Ltd. Responding Party: Defendants Oasis Growth Partners, LLC dba Alliance Regional (No Opposition). FACTUAL AND PROCEDURAL 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, also dba ARC and Oasis Growth Partners Developm...

Excerpt: ...4800550048[z, M.D. Plaintiffs Rita Mahdessian, Armen Yeghiayan and Tamara Yeghiayan (No Opposition) RULING: [No Opposition] UNOPPOSED Petition to Compel Arbitration and Motion for Stay by Defendant Southern California Specialty Care, LLC dba Kindred Hospital San Gabriel Valley is GRANTED. The court notes that it received no timely opposition to the motion to compel, as required by CCP § <0057004b00480003004400 00510056000300520049[ the petition ...

Excerpt: ...��Court Reporter Fees ($18,327) 4) Item 12—Models, enlargements and photocopies of exhibits ($891) 5) Item 16—Other ($13,467) FACTUAL AND PROCEDURAL BACKGROUND; Plaintiff Adel Luzuriaga, trustee of the Adel Trinidad Luzuriaga Trust, alleges that the Trust is the owner of real property in Glendale which was originally part of a larger parcel of property, which was subdivided into four parcels in 1970. Plaintiff alleges that when the City of Gl...

Excerpt: ...intiff's Punitive Damages is DENIED. The court notes that plaintiff concedes in the opposition that she is not seeking punitive damages in connection with the first cause of action for premises liability. Ten days to answer. RELIEF REQUESTED: Strike prayer for punitive damages, paragraph 12 CAUSES OF ACTION: from (Form) Complaint 1. Premises Liability 2. Retaliation by Landlord—Civil Code § 1942.5 3. Retaliation by Landlord—Common Law SUMMAR...

Excerpt: ...al written response to Plaintiff's Inspection Demand, Set No. 3, without objection 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, Ex. 3 FACTUAL BACKGROUND: Plaintiff Larry Quishenberry brings this action individually and as successor in interest to Eugene Quishenberry, alleging that decedent assigned his Medicare be...

Excerpt: ... Sanctions Based on Spoliation of Evidence is DENIED. The court cannot find under the circumstances that the terminating sanctions requested in the moving papers are appropriate to the dereliction alleged and established by plaintiff. The court cannot find from the showing presented that the circumstances warrant the court imposing the drastic sanction of termination. The court cannot find at this point that the misconduct in this case was delibe...

Excerpt: ...f Requested: Order entering summary judgment, or in the alternative, summary adjudication, in favor of plaintiff and against defendant RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: [No opposition] Plaintiff's UNOPPOSED Motion for Summary Judgment is GRANTED on both procedural and substantive grounds. From a procedural standpoint, defendant failed to file an opposition to this motion and therefore fa...

Excerpt: ...by a copy of the answer or other pleading proposed to be filed, as required under CCP § 473(b). The motion also concedes that defendants received a copy of the summons and complaint but fails to establish facts which would show that defendant's failure to respond to the summons and complaint was as a result of mistake, inadvertence or excusable neglect. RELIEF REQUESTED: Set aside default and or default judgment FACTUAL AND PROCEDURAL BACKGROUND...

Excerpt: ... Estate Elite Corporation and <000300030003002e005800 000300030003[ <0003000300030027004800 00350048001200300044[x, LLC <0003000300030027004800 00260055005200560056[-Complainant and Cross-Defendnt Tina Lai Responding Party: Defendants Fusheng Li and Lei Zhao RELIEF REQUESTED Determination that settlement described below has been entered into in good faith PROPOSED ORDER LODGED? Yes FACTS Plaintiff Charlotte Fang, through her GAL Juanzi Fang, alle...

Excerpt: ...9004c004f004800 00560056001000270048[fendant Joseph Jung Responding Party: Cross-Complainant Michael Sayer RULING: Cross-defendants Dennis Shane Dailey and Cal Mutual, Inc.'s Demurrer to Cross-Complaint of Defendant Michael Sayer: Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND to the fourth cause of action for negligence and fifth cause of action for declaratory relief, at the concession in the opposition papers. Demurrer is otherwise OVERRULED. Te...

Excerpt: ...d Turner's Demurrer is SUSTAINED WITH LEAVE TO AMEND on the ground the pleading fails to sufficiently allege that if the corporate veil is not pierced an inequitable result will follow. While plaintiff argues that the pleading supports an inference that the corporate defendant has been driven to insolvency, the pleading does not allege that fact. Demurrer on all other grounds is OVERRULED. Ten days leave to amend. Meet and Confer? Ok RELIEF REQUE...

Excerpt: ... Party: Defendant Resourceful Developments, Inc. Relief Requested: Summary adjudication in favor of plaintiff on the first and/or second causes of action RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Motion by Plaintiff Northern for Summary Adjudication is DENIED. Plaintiff seeks a judgment not only for the principal sums alleged to be due, but also for interest and attorneys' fees, without establis...

Excerpt: ... Los Angeles SMSA Limited Partnership dba Verizon Wireless Responding Party: Plaintiff Valle Lindo School District RULING: Demurrer to Plaintiff's Second Amended Complaint is OVERRULED for the reasons stated in the opposition. All elements of the second cause of action for private nuisance and third cause of action for trespass are sufficiently alleged. Motion to Strike Portions of Plaintiff's Second Amended Complaint is DENIED for the reasons st...

Excerpt: ... Motion is DENIED. Defendant has failed to meet its burden of establishing that venue is not proper in this County under CCP § 335.5. RELIEF REQUESTED: <0003002600520058005100 57005c[ Award of fees and expenses of $830 FACTUAL BACKGROUND: Plaintiff Perla Mageno alleges that plaintiff is a visually impaired and legally blind person who requires screen-reading software to read website content using a computer, and that she has visited the website ...

Excerpt: ...Constance Hilton RULING: Defendants Maria Malek, Super Car Engineering, and Healthcare Providers' Motion to Dismiss is DENIED. RELIEF REQUESTED: Order dismissing matter for failure to bring matter to trial within five years. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Constance Hilton alleges that in early 2014 she was introduced to defendant Maria Malek, whose son was dating plaintiff's granddaughter, who was then a minor, had recently experien...

Excerpt: ...y entering stipulated judgment against defendant Elias Tannous. SUMMARY OF FACTS: Plaintiff Courtesy Electric Wholesale filed this action to collect sums allegedly due pursuant to Account Agreements and Guaranty Agreements pursuant to which defendants agreed to pay plaintiff for electrical goods and other materials furnished and delivered to defendants by plaintiff. On July 9, 2013, plaintiff filed a Notice of Settlement. ANALYSIS: CCP § 664.6 p...

Excerpt: ...erk's judgment and recall and quash writ of possession. Order enjoining defendants from enforcing judgment in consolidated UD action FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Prapai Benjauthrit brings this action against her brother, defendant Boonseing Benjauthrit, alleging that the parties took title to four properties on Marion Drive in Glendale in 1977 as joint tenants, with the subject property to be the principal place of residence of pl...

Excerpt: ...on, who is not a licensed attorney, and the company may not represent itself (or file motions) other than through a licensed attorney. (Ziegler v. Nickel<004a000300450048004800 510003[ established that a corporation cannot represent itself in court, either in propria person or through an officer or agent who is not an attorney”].) The Motion to Dismiss as brought by defendant Vincent Hon is DENIED. The motion fails to sufficiently establish tha...

Excerpt: ...durally, the moving parties concede that this is a renewed motion, based on issues asserted in a prior motion for summary judgment brought before this court, which the court refused to consider on procedural grounds. Defendants have not established to the satisfaction of the Court that the motion should be permitted to be renewed based on any newly discovered facts or circumstances, as required under CCP § 437c(f)(2). Defendants did not seek lea...

Excerpt: ...oss-Defendant Mike Kobeissi: First Cause of Action The Demurrer by Sandy Kobeissi and KP Inc. was previously sustained with respect to the first cause of action with leave to amend insofar as the claim was brought by cross-complainant DHA Holdings, Inc. on the ground, “there are no clear allegations that cross-defendants made statements regarding that party.” The demurrer was also sustained as to cross-defendant KP Inc. “as there are no cha...

Excerpt: ...y attempt to amend, Plaintiff is ordered to specify the nature of any cause or causes of action intended to be asserted, and to fully comply with CRC Rule 2.112, which requires each separately stated cause of action to be identified by number, to state its nature, and to identify against whom it is directed. The Complaint also fails to sufficiently allege plaintiff's standing to pursue this matter in light of the legal authorities cited in the mo...

Excerpt: ...ecinos, Alan Isaac Orellana-Recinos, through his GAL, and Aaron Isaiah Orrellana-Recinos, through his GAL Meet and Confer? Ok RELIEF REQUESTED: Sustain demurrer to First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1. Temporary Restraining Order and Preliminary Injunction (Interference with Easement) 2. Damages and TRO and Preliminary and Permanent Injunctions 3. Assault SUMMARY OF FACTS: Plaintiff Miriam Recinos and her two m...

Excerpt: ...: Plaintiff Ricardo Canales Responding Party: Defendant Ideal Kitchen Supply, Inc. (No Opposition) Relief Requested: Order granting plaintiff summary judgment on complaint of UD In the alternative, summary adjudication of issues Causes of Action from (Form) Complaint 1) Unlawful Detainer SUMMARY OF COMPLAINT: This is an unlawful detainer action brought by plaintiff Ricardo Canales alleging that he is the landlord of premises in Glendale, and that...

Excerpt: ...Complaint is OVERRULED as untimely and on its merits. Ten days to answer. RELIEF REQUESTED: Sustain demurrer to Complaint CAUSES OF ACTION: from First Amended (Form) Complaint 1) Common Counts SUMMARY OF FACTS: <005c000f0003002c005100 0048005600030057004b[at defendants Brian Childers and Toni Renee Childers became indebted to plaintiff's assignor, Water & Power Community Credit Union, on an open book account for money due, on an account stated, f...

Excerpt: ...0003000300030003[ Plaintiff Angela Shagoyan (Amend) Responding Party: Plaintiff Angela Shagoyan (Return of Monies) Defendant Zarui Ter-Pogosyan (Amend) RELIEF REQUESTED: Order for immediate return of all funds obtained by plaintiff pursuant to void judgment Order granting leave to file a Second Amended Complaint CONTENTS OF MOTION: (CRC 3.1324(a)) Copy of the proposed amendment served on all parties? (CCP §471.5): Yes Proposed amendment signed? ...

Excerpt: ...030003000300030003[ Moving Party: Defendants Peter Coeler, P.A.C. Properties Management, LLC and Willi O. & Adelheind TR Coeler Trust Responding Party: Plaintiffs Lake Cunningham and Vanessa Spinetti (No Opposition) RULING: [No Opposition] Defendants' UNOPPOSED Motion to Strike Second Amended Complaint is GRANTED. The court finds that the Second Amended Complaint, filed on March 14, 2019, was not filed in conformity with this court's orders, for ...

Excerpt: ...ct, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense on the merits. Plaintiff to serve a verified response to RFA No. 4 within ten days. RELIEF REQUESTED: Order relieving her from Request for Admissions No. 4, Set One, that was deemed admitted by the Court on June 19, 2018 SUMMARY OF FACTS: Plaintiff Sheila M. Williams alleges that defendants County of Los Angeles and...

Excerpt: ...camels Network Inc. Responding Party: Defendant KL Global International Corp. RELIEF REQUESTED: Further Responses to Special Interrogatories FACTUAL BACKGROUND: Plaintiff Seacamels Network Inc. alleges that from May through July of 2017, it entered into an oral contract pursuant to which defendant KL Global International Corp. agreed to purchase denim trousers from plaintiff. The complaint alleges that defendants submitted three purchase orders t...

Excerpt: ...her Responses to Request for Admissions, Set Two CRC separate statement, etc.: ok DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: ok, Exhibit 1 FACTUAL BACKGROUND: 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 defenda...

Excerpt: ...t and Cross-Complainant 2802 Mayflower Ave., LLC's Answer and Cross-Complaint is CONTINUED to June 7, 2019 at 9:00 a.m. to permit defendant and cross-complainant a reasonable time to effect reinstatement. Request for Sanctions pursuant to CCP § 128.5 is DENIED. RELIEF REQUESTED: Strike answer and cross-complaint of 2802 Mayflower Ave, LLC SUMMARY OF FACTS: Plaintiff Decker Swanson Enterprises, Inc. alleges that it entered into oral agreements wi...

Excerpt: ...0560003002d00440050>es Kao, M.D. and John A. Kasher, M.D. (Depo) <0003000300030003000300 00030003000300030003> “Joinder” filed by Defendant Providence St. Joseph Medical Center <0003000300030003000300 00030003000300030003> Defendant Kathleen Makarewicz, M.D. (RFAs) Responding Party: Plaintiff Jason Steger Name of Deponent: Plaintiff Jason Steger RELIEF REQUESTED BY MOVING PARTY: Order compelling plaintiff to appear for second session of depos...

Excerpt: ...gment in favor of defendants Jam Lu and Lillian Lu and defendant/cross-complainant Kathy Lu In the alternative, summary adjudication of each cause of action of complaint and the cross-complaint of Kathy Lu Causes of Action from First Amended Complaint 1) Breach of Oral Contract 2) Breach of the Implied Covenant of Good Faith and Fair Dealing 3) Fraud 4) Judicial Foreclosure Causes of Action from Cross-Complaint of Kathy Lu 1) Usury SUMMARY OF PLE...

Excerpt: ...rty: Plaintiff Magdelena Henriquez (No Opposition) RULING: [No Opposition] Defendant Huntington Memorial Hospital's Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED WITH LEAVE TO AMEND. The SAC fails to sufficiently allege fraud, intentional concealment or the presence of a foreign body, or facts which would toll the three year period. Olympus America Inc's Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED WITH LEAVE TO A...

Excerpt: ...zuela Charles Valenzuela, as Trustee Kathleen M. Thompson, Trustee Christopher J Thompson National Point Lending National Point Financial Services 18 PDUD03737 Kathleen M. Thompson, Trustee Charles Valenzuela All Occupants in Possession RULING: Plaintiff's Motion to Consolidate Case Number 18PDUD03737 with Case Number 19GDCV00009: The court notes that it has previously signed an order consolidating the actions and deeming LASC Case No. 19GDCV0000...

Excerpt: ...zuela Charles Valenzuela, as Trustee Kathleen M. Thompson, Trustee Christopher J Thompson National Point Lending National Point Financial Services 18 PDUD03737 Kathleen M. Thompson, Trustee Charles Valenzuela All Occupants in Possession RULING: Plaintiff's Motion to Consolidate Case Number 18PDUD03737 with Case Number 19GDCV00009: The court notes that it has previously signed an order consolidating the actions and deeming LASC Case No. 19GDCV0000...

Excerpt: ...t Universal Shopping Plaza In the alternative, summary adjudication of issues Moving Party: Cross-defendant Universal Shopping Plaza Responding Party: Cross-Complainant Little Sheep San Gabriel, LLC dba Mongolian Pot Pot and Grill Causes of Action from Cross-Complaint of Little Sheep San Gabriel 1) Express and/or Equitable Indemnification and Contribution 2) Declaratory Relief 3) Apportionment of Fault Causes of Action from Cross-Complaint of Uni...

Excerpt: ...d by CCP § <0057004b00480003004400 00510056000300520049[ 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 the agreement. The court orders plaintiff Vicki Smith and defendant Sit ‘N Sleep, Inc...

Excerpt: ...intiff Constance Hilton Responding Party: Defendant and Cross-Complainant Westco Petroleum, Inc. RULING: Motion to Strike Answer and Cross-Complaint of Westco Petroleum, Inc. is GRANTED. The court notes that the motion was continued to this date to permit defendant and cross- complainant Westco Petroleum, Inc., a suspended corporation, time to effect a reinstatement. Defendant and cross-complainant Westco Petroleum, Inc. has failed to submit any ...

Excerpt: ...t of attachment is GRANTED. <0051005700030057005200 001700110013001c0013[: 1) the claim is on upon which attachment may be issued; 2) plaintiff has established the probable validity of the claim; 3) attachment is not sought for any purpose other than recovery on the claim; 4) the amount to be attached is greater than zero. The court further finds that the claim arises out of the conduct by defendant Elahe Ashor, a <004800560056004c005200 51001100...

Excerpt: ...tablished pursuant to Flately v. Mauro (2006) 39 Cal.4 th 299, that the claims against the moving defendant are not based on protected communications, but on conduct constituting criminal extortion, the illegality of which is conclusively shown by the evidence. Specifically, the evidence submitted shows that the attorney threatened plaintiff Robert Torosian that if a sum of money was not paid, defendants would accuse plaintiff's brother of crimin...

Excerpt: ... Poonsook Brainangkul (Attorney's Fees) Responding Party: Plaintiff Poonsook Brainangkul (Set Aside) Defendants Select Portfolio Servicing, Inc. and the Bank of New York Mellon, as Trustee (Set Aside and Attorney's Fees) RULING: Motion to Set Aside Void Judgment: The court enters a stay of enforcement of the Judgment on Stipulation entered on January 17, 2019. The court will conduct an evidentiary hearing with respect to plaintiff's cause of acti...

Excerpt: ... Narvaez RULING: Defendants' motion to enforce settlement is DENIED. The court has reviewed Plaintiffs' Amended Reply and the evidence submitted, and finds that defendants have failed to establish a breach of the Settlement Agreement on the part of plaintiffs. It appears that the Settlement Agreement now requires that the remainder of the balance of the trust be released to plaintiffs, without offset or holdover rent. ANALYSIS: This matter was pr...

Excerpt: ...44004f0003[Health Urgent Care RULING: [No Opposition]. Defendant's Unopposed Motion to Compel Third Party Olive View Community Mental Health Urgent Care/Los Angeles County Department of Mental Health's Compliance with Subpoena for Production of Business Documents is GRANTED. . Third Party Olive View Community Mental Health Urgent Care/Los Angeles County Department of Mental Health is ordered to fully comply with the subpoena issued December 19, 2...

Excerpt: ...Barkakjian RULING: Plaintiffs Arman Yegiyants and 10415 Commerce, LLC's Motion for a Preliminary Injunction is GRANTED in part. Motion as to defendant Hratchia Bardakjian and Hagop Bardakjian is GRANTED. Plaintiffs have established a likelihood of prevailing on their claims in this matter, and that the harm to plaintiffs if the injunction is not granted (loss of property to which plaintiffs have legal claim) is greater than the harm to defendants...

Excerpt: ...Responding Party: Defendant Warren Properties, Inc. dba 2021 Olive (Amend) Plaintiff Jessica Kramer (Discovery) RELIEF REQUESTED: File a Second Amended Complaint <0003000300030029005800 00560053005200510056[es to Form Interrogatories <0003000300030029005800 00560053005200510056[es to Special Interrogatories RELEVANT FACTS: Plaintiff Jessica Kramer alleges that in October of 2015 she contracted to rent a residence in Burbank from defendants Warren...

Excerpt: ...Defendant BGM Pasadena (Protective Order) Plaintiff AMSS, LLC (Sanctions) RELIEF REQUESTED: Attorney Fees Monetary Sanctions against AMSS and counsel of record Entry of Protective Order Order vacating court's order denying motion to quash subpoenas 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. Gall...

Excerpt: ...f the FAC and its attachments show that plaintiff has failed to comply with Civil Code § 8460 (a), as this action to enforce the lien was not commenced within 90 days after recordation of the claim of lien, but was one day late, rendering the claim of lien expired and unenforceable. Demurrer on all other grounds is OVERRULED. The court will hear argument concerning whether leave to amend will be permitted. Defendant's Motion to Strike Portions o...