Excerpt: ..., Inc. and Mon Plumbing <0055005800460057004c00 520051[ Responding Party: Plaintiff State Farm General Insurance Co. RULING: Defendants' Circa Development, Inc. and Mon Plumbing and Construction, Inc.'s Demurer to Plaintiff's First Amended Complaint is OVERRULED as untimely and on its merits. Ten days to answer. Unopposed Request for Judicial Notice is GRANTED in part. The court takes judicial notice that the subject documents were recorded and t...

Excerpt: ...ndants Douglas Apartments, Inc. and Karen Logan RULING: Motion to Set Aside Dismissal is GRANTED pursuant to CCP § 473(b), and based on counsel's representation that is authority to dismiss this action from the clients was limited to the dismissal of defendant Myerson. Dismissal entered on May 31, 2018 is VACATED. Plaintiffs are ordered to efile and serve a First Amended Complaint which reflects plaintiffs' intentions with respect to the naming ...

Excerpt: ...rs II, LLC, also dba ARC and Oasis Growth Partners Development, Inc., also dba ARC, Rhemeta, LLC and Rebecca C. Chiu (No Opposition) RULING: [No Opposition]. Motion to Lift Stay is DENIED. The court is not satisfied that the stay does not or should not apply to the entire operative cross-complaint, the First Amended Cross-Complaint, as requested, because the FACC asserts a cause of action against the debtor cross-defendant and the non-debtor cros...

Excerpt: ...to whether moving defendant Dr. Stepanyan engaged in intentional misrepresentation or concealment, by intentionally representing to plaintiff or concealing from her facts with an intent to defraud. Specifically, plaintiff submits expert evidence from a specialist in oral surgery and dental implant surgery, who reviewed the cone beam CT scan Dr. Stepanyan relies upon here and concedes he reviewed, and states that it it was “clearly and absolutel...

Excerpt: ...ton's Motion for Trial Preference is GRANTED. The court finds the following: 1) plaintiff has established that she was born on May 13, 1937, so is currently 81 years old, which is not challenged. 2) plaintiff is the individual trustee of the trust which is the plaintiff in this matter, and has a substantial interest in this action as a whole, which is also not challenged; and 3) plaintiff's health is such that a preference is necessary to prevent...

Excerpt: ...ership Group Responding Party: Defendants Levon H. Bardakjian and Sylvia R. Bardakjian, as co-trustees RULING: Notice of Motion for Interim Fees and Costs is GRANTED in part. The total fees sought by the Receiver pursuant to its reduced fees claimed in the sum of $134,775, will be further adjusted by the court to reduce fees incurred by California Receivership Group employees other than Mark Adams before California Receivership Group had been app...

Excerpt: ...3000300030003000300 00030003000300030003[ [CCP §877.6] <0003000300030030005200 0057005c001d00030003[ Defendants and Cross-Complainants Real Estate Elite Corporation <0003000300030003000300 00030003000300030003[ and Kuan Sung <0003000300030035004800 00030033004400550057[y: Defendants Fusheng Li and Lei Zhao RULING: Motion for Determination of Good Faith Settlement by Defendants Real Estate Elite Corporation and Kuan Sung is GRANTED. The court det...

Excerpt: ...[c.), Red Leaf Management, and EDF Capital, LLC Responding Party: Plaintiff Mounir Lebbad Meet and Confer? Yes RELIEF REQUESTED: Sustain demurrer to first and second causes of action of Eighth Amended Complaint Strike Seventh Amended Complaint CAUSES OF ACTION: from Eighth Amended Complaint 1. Rent Abatement 2. IIED SUMMARY OF FACTS: The complaint alleges that plaintiff Robert Faulkner has been a tenant at property in North Hollywood since 1990, ...

Excerpt: ...INED WITHOUT LEAVE TO AMEND. The SAC continues to allege facts showing that contrary to plaintiffs' new allegations of concealment of the condition at the Facility by defendants, plaintiff Danielle Castillo Allen had in fact complained of the conditions, was aware that the condition involved insect and flea infestation and was not being appropriately remedied. [Paras. 30, 32]. Moreover, to the extent the pleading is internally inconsistent and is...

Excerpt: ...fty days late. The court in its discretion has considered the moving papers only because plaintiff has not objected on this ground. However, defendants are cautioned that in the future the court may refuse to consider pleadings not filed in conformity with the statutes, rules and procedures governing this litigation. Defendants, Gregory Rollin Prout and N3 Inc. dba Pacific Realty Center's Demurrer of The Plaintiff's First Amended Complaint is OVE...

Excerpt: ...s Motion to Determine Good Faith of Settlement is GRANTED. The court determines that the settlement entered by plaintiff Gerta Lind and defendants Beverly Hills Inc. dba Keller Williams Realty-Beverly Hills and Joshua Stimpson was entered into in good faith; Defendants Beverly Hills Inc. dba Keller Williams Realty-Beverly Hills and Joshua Stimpson are discharged from all liability on claims for equitable contribution and/or full or partial indemn...

Excerpt: ...y: Plaintiffs Francisco Guzman, Judith Guzman, et al. (No Opposition) RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: [No Opposition] Defendants Stan Matsuyama, Julie Matsuyama and Matsuyama Family Trust 2017's Motion for Summary Judgment and Adjudication: Motion for Summary Judgment, and Motion for Summary Adjudication as to Issue No. 3 (Plaintiffs are not entitled to punitive damages as to defendant...

Excerpt: ...ing the Case on August 29, 2018 is GRANTED, pursuant to CCP § 473(b) based on what appears to be the lack of authority from the client on the part of counsel to permit the client's claims to be dismissed with prejudice in this matter. Moving party is ordered to efile and serve on all parties this date, the First Amended Cross-Complaint in Intervention. Pursuant to CCP § 473(c), moving party is ordered to pay to the court a penalty of $1,000.00 ...

Excerpt: ...es Markosyan (Discovery) RELIEF REQUESTED: Terminating sanctions against defendant Heavenleaf Inc. Further Responses to Discovery from plaintiff FACTUAL BACKGROUND: Plaintiff Hovannes Markosyan alleges that defendant Narek Papukyan (“Narek”) who had for a number 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...

Excerpt: ...In addition, on its merits, the motion does not establish that the 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...

Excerpt: ...um, Inc. is CONTINUED to May 10, 2019 at 9:00 a.m. to permit the parties to meet and confer concerning the motion, and to permit defendant and cross-complainant a reasonable time to effect reinstatement. RELIEF REQUESTED: Strike answer and cross-complaint of Westco Petroleum, Inc. SUMMARY OF FACTS: Plaintiff MCW Fuels alleges that it is a master branded reseller of fuel for Conoco Phillips under a Master Branded Reseller Fuel Distribution Agreeme...

Excerpt: ...Title to Real Property—Title by Adverse Possession 2) Declaratory Relief 3) Breach of Contract 4) Fraud and Deceit SUMMARY OF FACTS: Plaintiff Esperanza Bagwell alleges that she is the owner of property on Primrose Avenue in Monrovia based on plaintiff's actual, open, notorious, exclusive, hostile and adverse possession of the subject property for five years preceding the commencement of this action, and has paid all taxes assessed against the ...

Excerpt: ...raud on the ground the cause of action is not alleged with sufficient specificity. See Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73 (plaintiff must allege specifically how, what, where, to whom and by what means a defendant made a misrepresentation). Particularly here, where there are more than one defendant, the pleading must specify which defendant made what representations or engaged in constructive fraud in the required detail. Ten days...

Excerpt: ...tories (Set One) and Special Interrogatories (Set One) Further responses to Plaintiff's Requests for Admissions (Set One) FACTUAL BACKGROUD: Plaintiff Royal Home Healthcare Agency, Inc. alleges that its former employee, defendant Remil Charmaine Gonzales, used her access to plaintiff's information to illegally steal plaintiff's client and employee lists for the benefit of defendant Noho Home Health Care, Inc., and its owner, defendant Bella Aslan...

Excerpt: ...d: April 27, 2018 Date Responses served: May 24, 2018 Date of Court Order: November 16, 2018 (Further responses and production within ten days. No monetary sanctions ordered. ) Notice of Ruling served: November 16, 2018 Motion Served: January 25, 2019 FACTUAL BACKGROUND: Plaintiff Hovannes Markosyan alleges that defendant Narek Papukyan (“Narek”) who had for a number of years pursued a business in which he could invent and sell shisha made fr...

Excerpt: ...ayed pending disposition of the appeal. RELIEF REQUESTED: Discovery Responses from defendants and cross-defendants Order lifting stay of discovery ordered by this court on January 11, 2019 SUMMARY OF FACTS: Plaintiff Rakesh Kothari alleges that in July of 2014 he entered a written agreement with defendants Govind Vagheshia dba Quality Inn and Suites, Sonal Vaghashia dba Travelodge Burbank, Prashant Vaghashia dba Quality Inn Burbank Airport, Mita ...

Excerpt: ... and recall and quash writ of possession. Order enjoining defendants from enforcing judgment in consolidated UD action FACTUAL AND PRODURAL BACKGROUND: 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 subject property to be the principal place of residence of plaintiff. Plaintif...

Excerpt: ...ash Deposition Subpoenas for Production of Business Records is DENIED. The deponents are ordered to comply with the subpoenas issued on January 17, 2019. (except as noted below). The court on its own motion orders the Deposition Subpoenas issued on January 17, 2019 QUASHED as to individuals Greg Galletly, Alicia Barclay and Bradley Barnes only. The court finds the opposition concedes the subpoenas were not accompanied by a notice to consumer with...

Excerpt: ...d Nicholas Narvaez RULING: GRANT Defendants' motion to enforce and order the release of the remainder of the balance of the trust to Plaintiffs pursuant to the Settlement Agreement. Order plaintiffs to pay defendants $1,750.00 in attorney's fees and costs pursuant to the Settlement Agreement. Court finds that the plaintiffs did not vacate the premises until March 4, 2019 and the defendants are entitled to daily rent for hold over damages of the d...

Excerpt: ...08-1, Burbank Police Department IA Case No. 04-16-01-1, and LASC Case No. BC 422252. FACTUAL BACKGROUND: Plaintiff/Petitioner Nick Nichols alleges that he was terminated in June of 2010 from his position as a police officer with defendant the City of Burbank Police Department, based on an investigation of an incident occurring during a take-over robbery by MS 13 gang members of the Portos Bakery in Burbank, with respect to concerns that an unknow...

Excerpt: ...arties in the action, and that the matter arose out of a written Stock Purchase Agreement between the parties which provides that the party employing an attorney to enforce the contract shall be entitled to collect reasonable attorney's fees. The court finds that reasonable attorney's fees are $25,900.00 [$25,900 sought] which are to be awarded to plaintiffs against defendant Deborah Goldman. RELIEF REQUESTED: Order fixing amount of attorneys' fe...

Excerpt: ... ATTACHMENT Required Documents: __X__ Summons and Complaint <0017001b00170011001300 180013000c00030003[(Not on Form) __X__ Application for Writ and all declarations or affidavits in support of motion (CCP §484.020) __X__ Proof of Service GROUNDS FOR MOTION Claim is one on which an attachment may be issued [Attachment may only be issued in an action on a claim for money based upon a contract, express or implied, where the total amount of the clai...

Excerpt: ...SANCTIONS Responding Party: Defendant House of Grace, LLC (3) Plaintiff Margaret Harling's MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT HOUSE OF GRACE, LLC TO SPECIAL INTERROGATORIES, SET ONE; REQUEST FOR SANCTIONS Responding Party: Defendant House of Grace, LLC Tentative Ruling (1) Plaintiff Margaret Harling's Motion Compel Further Responses from Defendant House of Grace, LLC to Request for Admissions, Set One is DENIED. The court grants Ho...

Excerpt: ...Party: Defendant Remile Charmaine Gonzales RELIEF REQUESTED: Further Responses to Request for Production of Documents (Set Two) FACTUAL BACKGROUD: Plaintiff Royal Home Healthcare Agency, Inc. alleges that its former employee, defendant Remil Charmaine Gonzales, used her access to plaintiff's information to illegally steal plaintiff's client and employee lists for the benefit of defendant Noho Home Health Care, Inc., and its owner, defendant Bella...

Excerpt: ...ty: Defendant Narek Papukyan, in pro per <0003000300030003000300 00030003002700480049>endant Simon Papukyan, in pro per Responding Party: Plaintiff Hovhannes Markosyan, in pro per RELIEF REQUESTED: Further Discovery Responses from each Defendant CHRONOLOGY Date Discovery served: November 16, 2018, mail Date Responses served: December 22, 2018 (Untimely) <0003000300030003000300 00030003000300030003><0031005200030055004800 005700520003> Special Int...

Excerpt: ...oving Party: Defendant Amazon.com LLC Responding Party: Plaintiff Kisha Loomis Causes of Action from (Form) Complaint 1) Product Liability Count One—Strict Liability Count Two—Negligence Count Three—Breach of Warranty 2) Fraud SUMMARY OF COMPLAINT: Plaintiff Kisha Loomis alleges that she was injured by a SMART balance wheel hoverboard designed and manufactured by defendant Forrinz Technology (USA), Inc. and Doe defendants. Plaintiff alleges...

Excerpt: ...21 Olive RULING: Plaintiff Kramer's Motion for Leave to file Second Amended Complaint is GRANTED. Plaintiff is ordered to submit a signed copy of the proposed pleading by 4 p.m. this date, and the court will review the document to ensure it conforms with the representations in the motion. If the court finds it acceptable, the Second Amended Complaint will be deemed filed and served pursuant to the court's future order. RELIEF REQUESTED: File a Se...

Excerpt: ...aintiff WVBAGD <0003002400300036003600 030003[ Defendants Barnes and Babb (Increase Bond) RELIEF REQUESTED: Sustain demurrer to third cause of action of Second Amended Complaint Sustain demurrer to First Amended Complaint CAUSES OF ACTION: from Second Amended Complaint (body of pleading, not caption) 1) Specific Performance/Appointment of Receiver 2) Specific Performance/Appointment of Receiver 3) Declaratory Relief CAUSES OF ACTION: from First A...

Excerpt: ...hui Chen and Wen Huang Responding Party: Plaintiffs Zhujun Tan and Walter Howard Stuart RULING: Demurrer to Plaintiff's Second Amended Complaint is OVERRULED. Motion to Strike Portions of Plaintiff's Complaint is DENIED. Ten days to answer. Meet and Confer? Yes RELIEF REQUESTED: Sustain demurrer to fourth and fifth causes of action of Second Amended Complaint Strike references to property being “illegal,” punitive damages Attorneys' Fees, Pun...

Excerpt: ...4f00 000f0003002c00510046[., Red Leaf Management, and EDF Capital, LLC Responding Party: Plaintiff Mounir Lebbad (No Opposition) RELIEF REQUESTED: Sustain demurrer to Seventh Amended Complaint Strike Seventh Amended Complaint CAUSES OF ACTION: from Seventh Amended Complaint 1) Breach of Contract 2) Rent Abatement 3) IIED 4) Negligence 5) Violation of Civil Code section 1942.4 6) Malicious Prosecution SUMMARY OF FACTS: The complaint alleges that p...

Excerpt: ...BABBB, LLC (Demurrer) Plaintiff WVBAGD, LLC (Motion to Strike, Motion to Increase Bond) Defendant AMSS, LLC (JOP) Responding Party: Plaintiff WVBAGD, LLC (Demurrer, JOP) Defendants AMSS, LLC and DLG Family Limited Partnership (Motion to Strike) Defendants Barnes and Babb (Increase Bond) RELIEF REQUESTED: Sustain demurrer to Second Amended Complaint Strike Answer filed by Defendant AMSS and DLG Family Judgment on the Pleadings/Second Amended Compl...

Excerpt: ...YSIS: Plaintiff filed a Second Amended Complaint in this action on February 4, 2019, after the filing of the demurrers, and without leave of court. It appears from the meet and confer correspondence with counsel for defendant Dr. Edelman, that plaintiff agreed to draft a Second Amended Complaint that addressed the issues raised in the demurrer, but then delayed in filing the pleading until long after the time to demur to the FAC had expired. Unde...

Excerpt: ...70048[fendant NoHo Home Healtcare, Inc. (RFAs and Form) Responding Party: Defendant NoHo Home Healthcare, Inc. (Special/Form Int., RFAs) <0003000300030003000300 0003000300030033004f[aintiff Royal Home Healthcare Agency, Inc. (RFAs and Form) <0003000300030003000300 000300030003[ RELIEF REQUESTED: Plaintiff Further responses to Plaintiff's Form Interrogatories (Set One) and Special Interrogatories (Set One) Further responses to Plaintiff's Requests...

Excerpt: ...ubject matter jurisdiction. The cross-complaint as currently alleged does not specify which of the numerous facts alleged support each separate cause of action. Cross-complainant Issachar Shabtay is ordered on amendment to allege each fact supporting each separate cause of action, and to specify the nature of the dispute such that the court can make a determination as to whether any cause of action concerns matters which would not be subject to t...

Excerpt: ...e Alternative, Summary Adjudication) Moving Party: Defendant State Compensation Insurance Fund Responding Party: Plaintiff Sessions Payroll Management, Inc. Relief Requested: Summary judgment in favor of defendant, or, in the alternative, summary adjudication of the fourth and/or sixth causes of action Causes of Action from Second Amended Complaint 1. Conversion 2. Fraud –Intentional Misrepresentation 3. Money Had and Received 4. Unfair Busines...

Excerpt: ...Name of Deponent: Defendant Guankun Li <0003000300030003000300 0003[ Status of Deponent: Defendant (Party) RULING: Motion to Compel the Deposition of Defendant Guankin Li is GRANTED. Defendant Guankin Li is ordered to to appear for deposition and to give testimony on March 22, 2019 at 9:00 a.m. at law offices of counsel for moving party, plaintiff Dongzhou Xue. Motion to the extent it seeks the production of documents is DENIED, as the motion fai...

Excerpt: ...for Leave to Obtain Mental Examination of Plaintiff Miriam Garcia is GRANTED. <00510003004a0052005200 00490052005500030046[onducting 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 may pe...

Excerpt: ...o Opposition) RELIEF REQUESTED: Order deeming Requests for Admissions admitted CHRONOLOGY Date Discovery served: November 8, 2018 Date Responses served: NO RESPONSES SERVED <002d004400510058004400 00130014001c00030037[imely OPPOSITION: No opposition ANALYSIS: Under CCP § 2033.280, a party who fails to serve a timely response to requests for admissions “waives any objection to the requests.” In addition, the requesting party may move for an o...

Excerpt: ...ffer and Daniel Hurst Please note: The motions are analyzed together as they are essentially identical and will have the same analysis. RULING: Motions to Set Aside Default and Default Judgment are GRANTED pursuant to CCP § 473(b), based on attorney mistake, surprise and/or excusable neglect. Default entered as to moving defendants Paul Samson and Sublime Recovery Management, LLC on June 27, 2018 and August 30, 2018, respectively, are set aside....

Excerpt: ...Supplemental Brief Regarding Petitioner's Costs, Reasonable Attorney's Fees, and Penalties. The court awards to Petitioner Trang Nguyen $721.31 [$721.31 requested] in costs, $10,039.50 [$10,039.50 requested] in reasonable attorneys' fees pursuant to Civil Code section 8488, and $5,000.00 [$5,000 requested] in penalties, pursuant to CCP sections 765.010 and 765.040, the court finding that respondent filed a lien, knowing it was false, with intent ...

Excerpt: ...g defendant Barrett Daffin Frappier Treder & Weiss, LLP, its agents, assigns, all those acting in concert, from selling or facilitating the sale of the subject property for the remainder of this litigation 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 subject property is set for foreclosure sale/auction on ...

Excerpt: ...dants' answer and for payment of all expenses incurred for failure to arbitrate. FACTUAL BACKGROUND: Plaintiffs Teddy Cannon and Christopher Pownall allege that they were hired as a video editor and producer in connection with television series' being produced by defendant Bellum Entertainment, LLC. Defendant Mary Carole McConnell is alleged to be the chief executive officer of Bellum, and defendant Karen Garber is alleged to have been the chief ...

Excerpt: ...g Party: Plaintiff Fundation Group LLC Responding Party: Defendant Mike Ayva (No Opposition) RELIEF REQUESTED: Order deeming Requests for Admissions admitted CHRONOLOGY Date Discovery served: November 29, 2019 Date Responses served: NO RESPONSES SERVED <002d004400510058004400 00130014001c00030003[ Timely OPPOSITION: No opposition ANALYSIS: Under CCP § 2033.280, a party who fails to serve a timely response to requests for admissions “waives any...

Excerpt: ...Home Healthcare Agency, Inc. RELIEF REQUESTED: Further Responses to Demand for Documents and Things, Set No. Six FACTUAL BACKGROUD: Plaintiff Royal Home Healthcare Agency, Inc. alleges that its former employee, defendant Remil Charmaine Gonzales, used her access to plaintiff's information to illegally steal plaintiff's client and employee lists for the benefit of defendant Noho Home Health Care, Inc., and its owner, defendant Bella Aslanova. It i...

Excerpt: ...ng Party: Plaintiffs Christina Cauble and Christopher Cauble RELIEF REQUESTED: Order compelling nonparty Joyce Lauterback, MFT to comply with deposition subpoena for production of business records FACTUAL BACKGROUND: 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 defe...