Excerpt: ...Development, Inc. to invest $580,000 into defendants' business, for a commercial enterprise designed to pave the way for plaintiff to receive an EB-5 investment immigration visa and obtain permanent resident status. Plaintiff alleges that plaintiff entered into a written agreement with defendants which provided that plaintiff's money would be refunded if during the first step of the EB-5 visa process, the I-526 petition was denied by the United S...

Excerpt: ...KGROUND: Plaintiff Jane Doe alleges that while she was a high school student at John Burrough High School, in the Burbank Unified School District, defendant Burbank Unified School District (“the District”) hired defendant V&S Video Productions to film and record high school activities, including events in the Fine/Performing Arts Department, in which plaintiff was active. Plaintiff alleges that defendant Clarke Alexander Surrey was an employe...

Excerpt: ...d- IATSE Local 706 Defendant Make-Up Artists & Hair Stylists Guild- IATSE Local 706 (Sanctions) Responding Party: Plaintiff Alicia M. Tripi (No Opposition) RELIEF REQUESTED: Judgment Judgment to be entered in favor of individual defendants Discovery Sanctions Order imposing additional sanctions, including issue, evidence or monetary sanctions against plaintiff CHRONOLOGY Date Discovery served: March 7, 2017 Date Responses served: NO RESPONSES SER...

Excerpt: ...on of First Amended Complaint Garabet Hindoyan Sustain demurrer to First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1) Legal Malpractice 2) Negligent Advice to Client 3) Constructive Fraud 4) Dual Representation of Diverse Interest 5) Breach of Fiduciary Duty 6) IIED 7) Breach of Contract—Commercial Lease 8) Intentional Misrepresentation of Material Facts 9) Fraud in the Inducement 10) Negligence 11) Breach of Implied Warr...

Excerpt: ... 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 len...

Excerpt: ...idavits 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 claim is a fixed or readily ascertainable amount not less than $500, exclusive of costs, interest and attorney's fees] Claim is for amount due pursuant to garment orders place...

Excerpt: ... FACTS: The complaint alleges that plaintiff David Dimeo is a Colorado veterinarian, and that he and plaintiff Mountain Parks Veterinary Hospital, Inc. treat household pets. Plaintiffs allege that in April of 2018, they were solicited by defendant The Emery Wilson Corporation dba Sterling offering practice management services, which repeatedly called plaintiffs, and used high-pressure tactics to convince plaintiffs to enter a contract for $42,135...

Excerpt: ...eley Law School, and that defendant Monica Artavia Blut is an attorney who represented plaintiff Hu's ex-spouse between August 24, 2018 and November 5, 2018 in a domestic violence restraining order matter, in which Hu's ex- spouse alleged Hu had harassed her since their divorce in August 2017. The First Amended Complaint alleges that on August 24, 2018, the Riverside Family Law Court granted Blut's client a temporary restraining order against Hu,...

Excerpt: ...uments) Plaintiff Joytex International Trade Limited (Undertaking) RELIEF REQUESTED: Documents Compel compliance from defendant KL Global to Request for Production of Documents, Set One, No. 30. Undertaking Order compelling plaintiff Joytex to file an undertaking of $48,800 as security for costs and attorney fees DECLARATION SUPPORTING MOTION: Executed per CCP §§ 2015.5, 2030(l): yes Reasonable and good faith attempt to resolve informally: Ex. ...

Excerpt: ... favor of plaintiff Ching Fang Hsu Causes of Action from Second Amended Complaint 1. False Promise v. Lin 2. Breach of Contract v. Lin 3. Breach of Implied Covenant of Good Faith v. Lin 4. Conversion v. All Defendants 5. Conspiracy v. All Defendants SUMMARY OF COMPLAINT: Plaintiff Ching Fang Hsu alleges that in August of 2015, Hsu appointed defendant Tsing Chiang Lin (“Lin”) to have power of attorney over Hsu's banking and other financial tra...

Excerpt: ...nded Cross-Complaint CAUSES OF ACTION: from Second Amended Cross- Complaint 1. Violation of California Civil Code § 2924.17 2. Wrongful Foreclosure 3. Slander of Title FACTUAL AND PROCEDURAL BACKGROUND: This is a wrongful foreclosure action originally brought by plaintiff Esteban Montenegro. On February 7, 2014, the court sustained demurrer to the Third Amended Complaint without leave to amend and entered judgment in favor of defendants. Plainti...

Excerpt: ...n. SUMMARY OF FACTS: Plaintiff Luxottica USA LLC filed this action alleging that it entered into a written agreement with defendant AGA & Titan Inc. aka AGA & Titan Co. dba Eclipse Eyewear pursuant to which plaintiff would provide goods to defendant. Plaintiff alleges that it performed its obligations under the contract, and defendant failed to property pay the entire balance due. On March 13, 2018, plaintiff filed a Notice of Settlement of Entir...

Excerpt: ... Marrujo alleges that plaintiff owns real property in Glendale which is benefited by an express easement for ingress and egress and public utility purposes on real property owned by defendants Irina Avetisyan and Ashken Manukyan. Plaintiff alleges that beginning in April of 2018 and continuing to the present, defendants have wrongfully constructed a fence over the subject easement which prevents plaintiff from using the easement for ingress and e...

Excerpt: ...g party has failed to establish that the Notice of Pendency of Action, dated July 24, 2019, and based on the Answer to Complaint in this matter, was not appropriately recorded pursuant to CCP § 405.20, by a “party to an action who asserts a real property claim.” The Answer here asserts, “Defendant has and owns an undivided one-half interest in the property described in the complaint…” Defendant Silvina Zoltzman, as the prevailing party...

Excerpt: ...ication in favor of defendant Simon Papukyan Causes of Action from First Amended Complaint 1) Breach of Contract 2) Breach of Fiduciary Duty 3) Aiding and Abetting Breach of Fiduciary Duty 4) Tortious Interference 5) Declaratory Relief SUMMARY OF COMPLAINT: Plaintiff Hovannes Markosyan alleges that defendant Narek Papukyan, who had for a number of years pursued a business in which he could invent and sell shisha made from tea leaves, free of toba...

Excerpt: ... and the court to consider new evidence submitted with the reply papers. The court has considered this evidence, along with plaintiff's further filings, including the sur-Reply. The court finds that the Amended Supplemental Declaration of Defendant Oran Belillti is executed under penalty of perjury under the laws of the State of California. The court further finds that it is appropriate in this instance for the court to consider evidence submitte...

Excerpt: ...Opposition) Causes of Action from Complaint 1) Breach of Contract 2) Breach of Personal Guaranty 3) Unjust Enrichment 4) Money Had and Received 5) Account Stated SUMMARY OF COMPLAINT: Plaintiff Fundation Group, LLC alleges that in January of 2018, a written agreement was made between plaintiff and defendant Ayva Group Ink aka Ayva Group, Inc. (“Group”), pursuant to which plaintiff approved a loan in the amount of $70,000 to Group, and Group w...

Excerpt: ...MMARY OF FACTS: Plaintiffs Akop Torosian and Robert Torosian allege that in April of 2014, plaintiff 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. Plain...

Excerpt: ...rigorian, Seada Grigorian, and Volga Issakhan Meet and Confer? Ok RELIEF REQUESTED: Sustain demurrer to Complaint Strike conclusory allegations, third cause of action, attorneys' fees, punitive damages CAUSES OF ACTION: from Complaint 1. Elder Abuse 2. Violation of Residents Rights 3. Wrongful Death SUMMARY OF FACTS: Plaintiff Maryam Issakhan, deceased, brings this action through her successor in interest, plaintiff Seada Grigorian. Plaintiff Sea...

Excerpt: ...Breach of Good Faith SUMMARY OF FACTS: Plaintiff Sam Roter alleges that defendant Jeffrey Tinsley is the founder, chairperson and CEO of MyLife.com, Inc. and can be held personally liable for the conduct of MyLife, Inc. based on an agency theory. Plaintiff alleges that Tinsely through his business MyLife.com caused plaintiff's name and personal information allegedly gathered from both legitimate and illegitimate sources, to be published on the co...

Excerpt: ...ontract 2) Breach of Implied Contract 3) Intentional Interference with Contract 4) Intentional Interference with Prospective Economic Advantage 5) Negligent Interference with Prospective Economic Advantage 6) Violation of Business & Professions Code section 17200 7) Unjust Enrichment SUMMARY OF COMPLAINT: Plaintiff John Dipietro alleges that commencing in 1989, plaintiff had an on-going business relationship with defendant Community Bank whereby ...

Excerpt: ...ak A. Kouladjian, Vartan A. Kouladjian, Harmon E. Schwartz and Sebouh A. Kouladjian Responding Party: Plaintiff Orange Grove Collision Center, Inc. Name of Deponent: PMQ Sean Oliver PMQ James Marquart Status of Deponent: Plaintiff PMQ (party) DEPO ATTENDANCE REQUIRED BY: Formal Notice, Continuance (Exs. 1, 2) MOTION WITHIN 60 DAYS: Ok RELIEF REQUESTED BY MOVING PARTY: Order compelling deponent to answer a deposition question within first subject ...

Excerpt: ...onding Party: Defendant Darryl Steele (No Opposition) RELIEF REQUESTED: Determination that the settlement described below has been entered into in good faith PROPOSED ORDER LODGED? Yes FACTS Plaintiff Sylvia Castaneda alleges that she is a disabled single mother with a minor child, and initially rented a residential house in North Hollywood from defendant Darryl Steele, which property was purchased from Steele by defendants Gemilyan Marketing, LL...

Excerpt: ...ntry of Judgment is GRANTED in part and DENIED in part. Demurrer to the Amendment to Complaint is SUSTAINED with one final opportunity for plaintiff to file a First Amended Complaint as a stand-alone pleading, which names the appropriate parties and fully complies with this court's August 17, 2018 order. Five days leave to amend. Motion to Strike and Motion for Entry of Judgment are DENIED. RELIEF REQUESTED: Entry of judgment dismissing action in...

Excerpt: ...s TRR Restaurant Equipment, Inc., Hector Perez and Robert Mejia Responding Party: Plaintiff AAA Restaurant Equipment, Inc. Meet and Confer? Ok RULING: Demurrer to Plaintiff AAA Restaurant Equipment, Inc.'s First Amended Complaint is OVERRULED. Motion to Strike Plaintiff AAA Restaurant Equipment, Inc.'s First Amended Complaint is DENIED. Ten days to answer. RELIEF REQUESTED: Sustain demurrer to fourth and sixth causes of action of First Amended Co...

Excerpt: ...ate Farm General Insurance Company Responding Party: Plaintiffs Charles T. Elly and Carmen Elly Wilkerson RULING: The parties should note that this court finds it distracting and inconvenient to have to search the footnotes to find supporting authority for assertions made in the body of the points and authorities. The court requests that the parties discontinue the practice of putting the authority in footnotes and put it in the body of the docum...

Excerpt: ...istina Khamsy Responding Party: Cross-Complainant Remil Charmaine Gonzales RULING: Cross-Defendants Royal Home Healthcare Agency, Inc., Christopher Chen, and Christina Khamsy's Motion for Judgment on the Pleadings on Remil Charmaine Gonzales' Cross- Complaint: Motion is DENIED as to the first cause of action for slander per se, second cause of action for defamation and third cause of action for negligence. Motion as to the fourth cause of action ...

Excerpt: ...00 03[ Sotheby's International Realty Responding Party: Plaintiff John C. Lukes RULING: The court notes that the demurrer and motion to strike are untimely, filed fifteen days late. The court in its discretion has considered the moving papers only because they were timely served, and no prejudice appears to plaintiff. However, defendants are cautioned that in the future the court may refuse to consider pleadings not filed in conformity with the s...

Excerpt: ...ndant Government EmployFrank Gomez, Jr. Responding Party: Plaintiff Marine Ginosyan RELIEF REQUESTED: Sustain demurrer to Second Amended Complaint Strike Punitive Damages CAUSES OF ACTION: from Second Amended Complaint 1) Breach of Contract 2) Breach of Implied Covenant of Good Faith and Fair Dealing SUMMARY OF FACTS: Plaintiffs Marine Ginosyan alleges she procured from defendant Government Employees Insurance Company (“GEICO”) an automobile ...

Excerpt: ...Defendant and Cross-Complainant Westco Petroleum Distributors, Inc. Responding Party: Plaintiff and Cross-Defendant MCW Fuels, LLC (No Opposition) RULING: [No Opposition] UNOPPOSED Motion to Strike the Complaint and Answer to Second Amended Cross- Complaint of MCW Fuels, LLC is GRANTED. MCW Fuels, LLC is permitted thirty (30) days leave to amend to refile the subject pleadings once the corporation has effected revivor. Request for imposition of f...

Excerpt: ...greement on the issues of whether petitioner is entitled to coverage under the policy in light of his alleged failure of cooperation and failure to submit to an Examination Under Oath as required under the policy, and the potential unavailability of coverage due to knowing misrepresentation of concealment of material facts. The court finds that the parties have not agreed to submit these particular controversy to arbitration. MOTION TO COMPEL ABI...

Excerpt: ...r Se 4) IIED 5) NIED* 6) Intentional Interference with Prospective Economic Advantage* 7) Unfair Business Practices *Request for Dismissal filed August 13, 2018 SUMMARY OF FACTS: Plaintiff Dennis P. Block, individually and dba as Dennis Block and Associates, as well as his associate attorneys plaintiffs Paul Eric Gold and Hasti Rahsepar , and his office manager, plaintiff Azam Riesen allege that plaintiff Block is regarded as one of the pre-emine...

Excerpt: ...rty: Defendant Guankun Li Responding Party: Plaintiff Dongzhou Xue RULING: Defendant Guankin Li's Motion to Stay or Dismiss Based on Forum Non Conveniens is DENIED as untimely and on the grounds of waiver. RELIEF REQUESTED: Stay or dismiss action pursuant to CCP § 410.30 SUMMARY OF FACTS: Plaintiff Dongzhou Xue alleges that plaintiff loaned money to defendants Guankin Li and Halal Food Co., Ltd. in a series of transactions intended to be commerc...

Excerpt: ... Further Responses to Inspection Demand, Set No. 4 and for production of documents MONETARY SANCTION None sought CRC separate statement, etc.: ok DECLARATION SUPPORTING MOTION: Executed per CCP §§ 2015.5, 2030(l); CRC 315(a): ok Reasonable and good faith attempt to resolve informally: ok FACTUAL BACKGROUD: Plaintiff Larry Quishenberry brings this action individually and as successor in interest to Eugene Quishenberry, alleging that decedent ass...

Excerpt: ... Moving Party: Defendants City of Burbank, Burbank Police Department, Mark Scott, Scott Lachasse Responding Party: Plaintiff Nick Nichols Causes of Action from Complaint 1) Petition for Writ of Mandate Pursuant to CCP § 1094.5 2) Relief for Violation of POBRA, Government Code § 3309.5 3) Violation of Civil Rights 42 USC § 1983 SUMMARY OF COMPLAINT: Plaintiff/Petitioner Nick Nichols alleges that he was terminated in June of 2010 from his positi...

Excerpt: ...rs defendant Heavenleaf Inc. to fully comply with the court's November 16, 2018 order within ten days. Motion for Terminating Sanctions as to Defendant Narek Papukyan is DENIED. Defendant Narek Papukyan is ordered to serve further responses to Requests for Production Nos. 1, 7 and 8 which fully comply with the court's order of November 16, 2018. Defendant is ordered to exercise all due diligence in obtaining the subject documents, and to indicate...

Excerpt: ...D. The costs of subpoenaing and copying medical records do not appear to be authorized under any statute, do not constitute copies of trial exhibits, and these costs are therefore not allowable. This entire item in the amount of $4,051.18 is stricken and reduced to -0-. <001400110014001b000c00 030003[ $1,617.85. The court has reviewed the late opposition filed 5 court days late. The court's review of defendant City of Burbank's late opposition ha...

Excerpt: ...unds to reopen discovery under <004f004c004a0048005100 004b0048000300550048[asons the discovery was not completed, or why the motion was not heard earlier. The defendant has meet its burden of showing good cause to conduct a second physical examination. The defendant has submitted evidence such as subsequently obtained medical records, showing that there has been a change in the condition of plaintiff warranting a second examination. Also, the de...

Excerpt: ... show 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 parties are ordered to arbitrate their disputes in accordance with their agreements. Request for costs is GRANTED IN PART. The court finds awardable costs in connection with this petition include a fee paid to this court to file the petition of $435 and a motion fili...

Excerpt: ...laintiff Judy Tatum RULING: Defendant Craig Asanuma as Trustee of the Craig A. Asanuma and Sharon A. Asanuma Joint Living Trust's Demurrer to Plaintiff's First Amended Complaint is OVERRULED Defendant Craig Asanuma as Trustee of the Craig A. Asanuma and Sharon A. Asanuma Joint Living Trust's Motion to Strike Portions of Plaintiff's First Amended Complaint is DENIED. Ten days to answer. RELIEF REQUESTED: Sustain demurrer to First Amended Complaint...

Excerpt: ...E: Default entered June 27, 2018 RULING: Defendant Nicholas Feldshire's Motion to Set Aside and Vacate Plaintiffs' Default is granted pursuant to CCP section 473(b), based on defendant's attorney's affidavit of fault, as set forth in the McGrady Declaration. The default entered June 27, 2018 is vacated. Defendant is permitted to file with the court a separate original signed Answer to the complaint, to be filed with the court and served by close ...

Excerpt: ...ant Glendale Adventist Medical Center (MSA) Responding Party: Plaintiff Debra Lynn Hicks (No Opposition) Relief Requested: Summary judgment in favor of defendant Estelita Calica, M.D. Summary adjudication in favor of defendant Glendale Adventist Medical Center on the first and fifth causes of action and request for punitive damages Order requiring plaintiff to post security in the amount of $17,737.82 CAUSES OF ACTION: from Second Amended Complai...

Excerpt: ...OPPOSED Petition for Release of Property from Lien is DENIED WITHOUT PREJUDICE. The petition and notice of this hearing was not appropriately served on defendant pursuant to the applicable provisions governing petitions to release a mechanic's lien. See Civil Code §§ 8486 (b). If proper proof of service is presented at the hearing, the court will grant the Petition for Release of Property Lien. The court will need the appropriate order, which p...

Excerpt: ...st Wilshire bear the entire cost of arbitration, the order is modified to require plaintiff to pay no more than $200 in fees as determined by FINRA. [Strauss Decl., Ex. A]. As to the request that the court order the 13 th Cause of Action (PAGA) to arbitration, the motion is DENIED. As to the request to stay this entire matter, including the PAGA cause of action pending arbitration, the request is GRANTED. Pursuant to CCP § 1282.2 and 1282.4 this...

Excerpt: ...ant Peter John Simic, Jr., M.D. (Discovery) Defendant Kathleen M. Makerewicz, M.D. (Discovery) Defendant Providence Health & Services Foundation/San Fernando (Demurrer) Responding Party: Plaintiff Jason Steger RULING: Defendant Peter John Simic, Jr., M.D.'s Motion Compelling Plaintiff Jason Steger to Provide Further Responses to Defendant's Special Interrogatories Nos. 1 and 2 is GRANTED. Plaintiff Jason Steger is ordered to serve further complet...

Excerpt: ...3002600520055005300 1100030003000300030003> Responding Party: Plaintiff Arriaga USA, Inc. dba Stoneland RULING: Defendant Stone Mart Corp.'s Demurrer to Plaintiff's First Amended Complaint is OVERRULED to the first through ninth causes of action. Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the tenth cause of action for injunctive relief, as the claim is not a stand-alone cause of action, and injunctive relief has been sought in connection ...

Excerpt: ...Facility and Eli Kamornick Responding Party: Plaintiffs Danielle Cleona Castillo Allen, Cleona Castillo, and Amiya Scales, Ashton Allen, Ahmad Allen and Aaliyah Allen, through their GAL RULING: Defendants Congregate Living Health Facility and Eli Kamornick's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the claims of plaintiff Danielle Cleona Castillo Allen, as the FAC alleges injury arising from plaint...

Excerpt: ... cause of action for Violation of Vehicle Code Section 11713.18(a). Demurrer to the fifth cause of action for declaratory relief is SUSTAINED WITH LEAVE TO AMEND. The court is concerned that defendant before filing this demurrer did not meet and confer in good faith on this matter, refusing to agree to plaintiff amending the pleading to address the oversight. Ten days leave to amend to address the concerns in the court's previous August 31, 2018 ...

Excerpt: ...052[ugh his GAL RULING: Motion for Preliminary Trial of Special Defense of Design Immunity is DENIED. FACTUAL AND PROCEDURAL BACKGROUND: This is a wrongful death action brought by Eva Alicia Zatarian and Matthew Mando Sahagun, the surviving mother and minor son of decedent Armando Shagun. Plaintiffs allege that decedent accidentally fell from the Pasadena Avenue Bridge over the Arroyo Seco Parkway (SR-110), after which decedent was struck by a Do...

Excerpt: ...: Mandatory in notice All named parties in each case: Yes Names of parties who have appeared: Yes Names of each party's respective attorneys of record: Yes Caption of each case listed: No Notice copied and filed in all cases to be consolidated: Yes Substantive Allegation Checklist: CCP § 403 provides the motion shall be supported by a declaration stating: Case meets standards specified in CCP § 404.1 Yes The case is not complex. No Moving p...