Excerpt: ...ons concerning parent company CAUSES OF ACTION: from Second Amended Complaint 1) Veterinary Malpractice 2) Negligence 3) Breach of Contract SUMMARY OF FACTS: Plaintiff Arvin Kazaryan alleges that he is the sole guardian and caretaker of Max, plaintiff's much loved and adored male canine companion. Plaintiff alleges that in January of 2016, Max was having diarrhea and plaintiff took Max to the facility owned by defendants Gateway Animal Hospital, ...

Excerpt: ...t and Confer? Yes (Plaintiff failed to respond) RELIEF REQUESTED: Sustain demurrer to First Amended Complaint Strike Attorneys' Fees, Punitive Damages CAUSES OF ACTION: from First Amended Complaint 1) Breach of Contract 2) Breach of Implied Covenant of Good Faith and Fair Dealing 3) Negligent Interference with Prospective Economic Relations 4) Intentional Interference with Prospective Economic Relations 5) Inducing Breach of Contract 6) Intention...

Excerpt: ...howing made find that a need for a speedy trial has been established, as required under CCP § 1062.3, or that circumstances warrant the granting of a preference under CCP § 36 (e). 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...

Excerpt: ...LIEF REQUESTED: File a First Amended Cross-Complaint RULING: Motion for Leave to File First Amended Complaint is GRANTED. The court confirms that the trial date has been continued to April 6, 2020, and all discovery cut off dates and other deadlines are to be measured from the new trial date. A signed version of the First Amended Cross-Complaint is to be efiled no later than close of business this date. The First Amended Cross-Complaint will be d...

Excerpt: ...oss-complaint CAUSES OF ACTION: from Cross- Complaint 1) Breach of Contract 2) Breach of Fiduciary Duty 3) Fraud—Intentional Misrepresentation 4) Negligent Misrepresentation 5) Conspiracy to Defraud 6) Cancellation of Written Instrument 7) Quiet Title 8) Declaratory Relief SUMMARY OF FACTS: Plaintiffs Cicindelae, Inc. and Do Gi Kim alleges that in May of 2018, they entered into a written agreement with defendant Sherrie Carr to loan her $500,00...

Excerpt: ...murrer to first and second causes of action of First Amended Cross-Complaint CAUSES OF ACTION: from First Amended Cross-Complaint 1) Rescission 2) Declaratory Relief 3) Fraud 4) Breach of Implied Covenant of Good Faith and Fair Dealing SUMMARY OF FACTS: Plaintiff Glendale II Mall Associates alleges that in January of 2016, plaintiff conveyed to defendant Tadashi Enterprises LLC a leasehold interest in commercial premises with a term of running th...

Excerpt: ...lties and injunctive relief pursuant to Health & Safety Code § 25249.5 et seq., on behalf of all California citizens, alleging that defendant Arkon Resources, Inc. has violated Health & Safety Code § 25249.6 by failing to give clear and reasonable warning to individuals of the health hazards caused by exposure to di(2-ethylhexyl) phthalate (DEHP), a toxic chemical found in Arkon Sports armbands sold and distributed by defendant in California. A...

Excerpt: ...ting a trustee's sale FACTUAL AND PROCEDURAL BACKGROUND: 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 property for the same five years. Plaintiff alleges that plaintiff and defendan...

Excerpt: ...Party: Plaintiff Alicia M. Trippi (No Opposition) RELIEF REQUESTED: Responses to Form Interrogatories, General and Employment, Requests for Production, Set One, Order Deeming Requests for Admissions, Set One, Admitted Dismiss as moot cross-complaint against cross-defendant Alicia M. Tripi CHRONOLOGY Date Discovery served: March 7, 2017 Date Responses served: NO RESPONSES SERVED Date Motion served: October 4, 2019 Timely OPPOSITION: No opposition....

Excerpt: ... action Summary judgment in favor of plaintiff Saint Lukes Pasadena, LLC In the alternative, summary adjudication of each cause of action of the complaint Moving Party: Defendant Jason Boutros M.D., Inc. Plaintiff Saint Lukes Pasadena, LLC Responding Party: Plaintiff Saint Lukes Pasadena, LLC Defendant Jason Boutros M.D., Inc. Causes of Action from Complaint 1. Breach of Contract 2. Breach of Covenant of Good Faith and Fair Dealing 3. Declaratory...

Excerpt: ... Sanctions 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, Exs. 31-34 FACTUAL BACKGROUND: Plaintiff Jeremy Gonzales alleges that in January of 2018 plaintiff purchased a 2015 Chevrolet Tahoe 2WD LTX manufactured and/or distributed by defendant General Motors, LLC. Plaintiff alleges that in connection with the ...

Excerpt: ...No Sanctions Sought CRC separate statement, etc.: Yes FACTUAL BACKGROUND: Plaintiff Jessica Cundieff alleges that in July of 2015, plaintiff purchased a 2015 Chevrolet Traverse vehicle, manufactured and/or distributed by defendant General Motors, LLC. Plaintiff alleges that in connection with the purchase, plaintiffs received an express written warranty. During the warranty period, the vehicle contained or developed defects, which substantially i...

Excerpt: ...rrari Decl. ¶ 3, Ex. B No waiver of right to compel arbitration (CCP §§1281.2(a); 1281.5): Not mentioned No grounds for revocation of agreement to arbitrate (CCP §1281.2(b)): Not 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 arbitra...

Excerpt: ...lure 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 financial officer. Plaintiffs allege that during plaintiffs' e...

Excerpt: ...kian brings this action alleging that he is the residential tenant of defendant Georgi Robinson under an oral rental agreement made March 20, 2017 for $3,400 per month on a month-to-month basis for possession of premises in Ventura. Plaintiff alleges that the agreement also included an agreement for plaintiff to perform and be compensated for repairs of the premises in the amount of $50,000, which plaintiff has performed. Plaintiff alleges that o...

Excerpt: ...essions Payroll Management, Inc. and Entertainment Production Services, Inc. and 2) the equitable issues under Business & Professions Code § 17200 may be tried first. RULING: Defendant State Compensation Insurance Fund's Motion to Bifurcate Trial is DENIED. SUMMARY OF FACTS: Plaintiff Sessions Payroll Management alleges that defendant State Compensation Insurance Fund has wrongly required plaintiff in order to obtain workers' compensation insura...

Excerpt: ...plaint 1) Malicious Prosecution SUMMARY OF FACTS: Plaintiffs Akop Sogomonyan and Tsovinar Sogomonyan bring this action for malicious prosecution, alleging that their neighbors, defendants Anait Ordudzhyan and Hamazasp Kiramijyan filed a previous action against plaintiffs, in which they were represented by defendant Karapet Zakaryan, who was employed by defendant KAASS PC, which was overseen and directed by its principal, defendant Armen Kiramijya...

Excerpt: ...pleading fails to sufficiently allege facts establishing a fiduciary or other relationship between plaintiff and escrow, and the claim is clearly stated for enforcement of rights under a third-party beneficiary theory to a particular contract. Moreover, based on the argument in the opposition, the court is skeptical that this case involves the existence of a balance due from defendant which can only be ascertained by an accounting. Ten days leave...

Excerpt: ...ants) Responding Party: Plaintiff Larry Quishenberry Meet and Confer? Yes RELIEF REQUESTED: Sustain demurrer to Second Amended Complaint Strike immaterial allegations, punitive damages, attorneys' fees, treble damages CAUSES OF ACTION: from Second Amended Complaint (from body of pleading, not caption) 1. Negligence and Recklessness v. All Defendants 2. Elder Abuse v. Each Defendant 3. Negligence and Recklessness—special relationship v. HCP and ...

Excerpt: ...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. Plaintiff alleges that he ultimately underwent a total colec...

Excerpt: ...int Strike Attorneys' Fees, Punitive Damages 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 favo...

Excerpt: ...r Vacating Dismissal is DENIED. Request for sanctions in the opposition is DENIED. Defendants have failed to provide the safe harbor required under CCP Section 128.5(f)(l)(B) FACTUAL BACKGROUND: Plaintiff Angela Shagoyan alleges that during the months of July through September of 2014 now deceased Linida Torabian represented to plaintiff that she was a licensed real estate agent and offered to perform loan modification or foreclosure forbearance ...

Excerpt: ...s this legal malpractice action against her former attorneys, defendants Alex Megeredchian and his law practice entities, alleging that during their representation of plaintiff and other partners in a real estate investment joint venture transaction, defendants failed to appropriately advise the parties, and continued representation despite conflicts of interests arising between the partners, ultimately resulting in plaintiff funding the entire r...

Excerpt: ...he amount of $5,461.65 against defendants SUMMARY OF FACTS: Plaintiff Ingrid Cervantes, Anthony Room, and Nicholas Narvaez allege that they occupied real property located at 6735 Elmer Street, Unit 12, North Hollywood, and filed this lawsuit against defendants VN Partnership (“VN”), Elmer 1 Partnership (“Elmer 1”), Ahron Zilberstein (“A. Zilberstein”), and Vardit Zilberstein (“V. Zilberstein”) for alleged problems with the propert...

Excerpt: ... Plaintiff Alicia M. Tripi (No Oppositions) RELIEF REQUESTED: Award of attorneys' fees in the amount of $79,678.10 against plaintiff Alicia M. Tripi and in favor of defendants Strike factual allegations relating to the portions of plaintiff's action that have been dismissed with prejudice and have no relevance to the remaining claims. RULING: [No Opposition]. UNOPPOSED Motion of Defendants Make-Up Artists & Hair Stylists Guild—IATSE Local 706, ...

Excerpt: ...0110003[ Responding Party: (Reciprocal Motions) Relief Requested: MCW Fuels Motion Summary judgment in favor of MCW Fuels, LLC, or alternatively, summary adjudication on all issues encompassed in the Phase 1 Trial and the all matters encompassed in the Unstayed Matter. Westco Petroleum Motion Summary adjudication in favor of Westco Petroleum Distributors on the issue of whether there was a valid assignment of each of WPD's five branded resale fue...

Excerpt: ...ted Civil Jurisdiction is DENIED. It is not clear from the pleadings, file and the showing made in the motion that the verdict in this case would necessarily result in a verdict below this court's jurisdictional amount. See Walker v. Superior Court (1991) 53 Cal.3d 257, 262; Ytuarte v. Superior Court (2005, 2 nd Dist.) 129 Cal.App.4th 266, 277. SUMMARY OF FACTS: Plaintiff Marine Ginosyan alleges she procured from defendant Government Employees In...

Excerpt: ...lt and Default Judgment Aside is GRANTED. The judgment entered on April 18, 2014 is set aside as void pursuant to CCP § 473(d), as the relief granted to the plaintiff on default exceeded that demanded in the complaint, as the complaint includes no allegations that a specific sum was due, or other allegations sufficient to put defendant on notice of the sum of damages sought. See CCP § 580; Greenup v. Rodman (1986) 42 Cal.3d 822, 830. See also t...

Excerpt: ...No Opposition) RULING: [No Opposition] Motion to enforce undertaking is CONTINED. The court finds that an injunction was issued in this matter, that moving defendant suffered damage thereby, and that this court has issued judgment of dismissal, a determination that plaintiff was not entitled to the injunction. The court finds that notice of motion has been appropriately filed and served, but that the motion is not sufficiently supported by affida...

Excerpt: ...ek B. Bradstreet (No Opposition) RULING: [No Opposition] Motion for Order Correcting the Date of Filing the Complaint is GRANTED. The court orders the clerk to correct the date of the filing of the Complaint in this matter from October 16, 2018 to November 6, 2017. RELIEF REQUESTED: Order correcting the date filing the complaint FACTUAL AND PROCEDRUAL BACKGGROUND: <0044005700030047004800 002a004800520055004a[e Wielosik, Administrator of the Estat...

Excerpt: ...avid Adamyan has failed to comply with this court's order of September 7, 2018 ordering defendant to serve responses to interrogatories, and to attend his deposition on September 14, 2018, and has failed to pay monetary sanctions as ordered. Defendant has also by his inaction permitted dispositive Requests for Admissions to be deemed admitted, and has failed to file timely written oppositions to the prior motions or this motion. This has resulted...

Excerpt: ...FACTS: Plaintiff Kevin Roberts alleges that defendant Omnipoint Communications, a subsidiary of defendant T Mobile USA, leased a portion the City of Glendale's property to install and maintain a Telecommunications tower, and that defendants unlawfully planted an electrical wire with other telephone wires via an underground conduit from T Mobile's electric transformer in violation of applicable building codes, electric codes and building and safet...

Excerpt: ...0003000300030003> Moving Party: Defendants Duane Kamei, individually and as trustee, and Jerome Kamei, as trustee Responding Party: Plaintiff Gig Real Estate Inc. (Opposition only to Motion to Strike) RELIEF REQUESTED: Sustain demurrer to First Amended Complaint Strike Attorneys' Fees, Punitive Damages CAUSES OF ACTION: from First Amended Complaint 1. Breach of Listing Agreement 2. Inducing Breach of Contract 3. Interference with Contract SUMMARY...

Excerpt: ...00550053[. Responding Party: Plaintiff Joytex International Trade Limited RULING: Defendant KL Global's Demurrer to Complaint SUSTAINED WITH LEAVE TO AMEND to the second cause of action for fraud 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); La...

Excerpt: ...Amended Complaint 1) Negligence 2) Intentional Tort SUMMARY OF FACTS: Plaintiff Babak Mobin, in pro per, alleges that on April 25, 2015, he was sent from Kaiser Woodland Hills to defendant Saint Joseph's emergency room in Burbank, needing a hand surgeon because he had just cut his fingers with a saw. Plaintiff alleges that compassionate nurses and volunteers rushed to help him, and that the on-call hand surgeon was supposed to arrive soon, but in...

Excerpt: ...ty: Defendant KL Global International Corp. (No Opposition) RULING: Application for right to attach order is DENIED. Plaintiff has failed to make the required showing under CCP Section 485.20(c)(1) and CCP Section 485.210(c)(2) for prevailing on the merits and for irreparable injury. Application for temporary protective order is DENIED for Plaintiff's failure to satisfy the requirements of CCP Section 484.090(a)(2) that plaintiff has established ...

Excerpt: ...tiff filed a First Amended Complaint in this action on June 25, 2018, after the filing of the demurrer and motion to strike, but long after opposition was due in connection with the originally scheduled hearing date for these motions, which was March 26, 2018, in Department 92. Oppositions would have been due by March 13, 2018, and plaintiff did in fact file timely oppositions, but has evidently changed her mind and filed an amended pleading, ove...

Excerpt: ...court's satisfaction that this fraud prevented them from presenting a defense before judgment was entered, and that defendants have been diligent in seeking relief. The matter is returned to the civil active list, and will be set for trial at the hearing. RELIEF REQUESTED: Set aside judgment (entered June 4, 2018) FACTUAL BACKGROUND: Plaintiff Thomas M. Lee brings this action against his neighbors residing across the street, defendants Lorna Kim,...

Excerpt: ...surance Company Ltd.'s UNOPPOSED motion for leave to file a supplemental answer is GRANTED. Defendant has failed to lodge the proposed pleading separately, and has failed to sign the pleading. Defendant is ordered to file with the court a separate, signed copy of the proposed pleading by close of business this date, which is expressly designated the “First Supplemental Answer,” and the pleading will be deemed filed and served upon the court's...

Excerpt: ...Neil Solarz and Weinstock Manion In the alternative, summary adjudication of the first, second, eighth and ninth causes of action, and claim for punitive damages. Summary judgment in favor of defendant Meighan Howard In the alternative, summary adjudication of the first through seventh and ninth causes of action, and claim of punitive damages Moving Party: Defendants M. Neil Solarz and Weinstock Manion, A Law Corp. <0003000300030027004800 0030004...

Excerpt: ...051000f0003004800570003[ al. <0044005500570048000300 11000300030003[ Responding Party: Defendants Levon H. Bardakjian and Sylvia R. Bardakjian, as co-trustees RELIEF REQUESTED: Order finding that parties entered into Stipulation for Order Appointing a Receiver with Stayed Powers, that the City has determined defendants are in default with the Compliance Schedule, as empowered to do under the Receivership Order, immediately terminating the current...

Excerpt: ...anti-SLAPP statute. The court further finds that plaintiffs have established a reasonable probability of success on the merits by demonstrating that the complaint is legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited with respect to the first cause of action for invasion of privacy, second cause of action for libel, third cause of act...

Excerpt: ...via (1 Motions) Defendant Pauline White (Enforce Liability) SUMMARY OF FACTS: Plaintiff the City of Monrovia alleges that unpermitted grading and construction activity is taking place on property owned by defendant Pauline White, and seeks to enjoin that activity. Defendant White has filed a cross-complaint against the City seeking indemnity, and alleging various causes of action, including for abuse of process, trespass, and violation of her Fou...

Excerpt: ...sition]. Motion to Strike the Answer of Supercar Engineering, LLC is DENIED. Motion to Strike the Answer of Defendant Allegria Estates, LLC is granted with leave to amend to permit defendant to effect reinstatement. Defendant Allegria Estates, LLC must file an amended answer and achieve re-instatement with the Department of Corporations within 60 days, or the motion is granted and the answer will be stricken automatically 60RELIEF REQUESTED: Stri...

Excerpt: ...ERED BY THE COURT. It is not brought on sufficient notice, as it was personally served only fifteen court days prior to the hearing, rather than the sixteen court days required. The proof of service is defective as it fails to specify a method of service, and to the extent it twice indicates that service was made on February 13, 2018, is demonstrably false. More importantly, this matter is stayed as to the moving defendant, as the bankruptcy proc...

Excerpt: ...t file a Dismissal with prejudice within 30 days of todays date because the Court's setting aside the default judgment will return the case to the civil active list. VACATE OR SET ASIDE: Default judgment entered April 3, 2018 FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff American Express brings this collection action alleging that defendant Erik Davis was issued an American Express Credit Card and has become indebted to plaintiff in the sum of $12...

Excerpt: ...tee RULING: Plaintiff Jacob Parseghian's Motion to Disqualify Attorney Rafik Avyazi is DENIED. The court has considered the evidence submitted by both sides, and finds that the evidence submitted by defendants, including the documentary evidence showing the course of the transaction between plaintiff, defendants, and counsel for defendants, sufficiently establishes that there was no prior representation of plaintiff by counsel for defendants, but...

Excerpt: ...nia dba Providence Saint Joseph Medical Center Responding Party: Plaintiff Babak Mobin (No Opposition) CHRONOLOGY <0029004800450055005800 001500130014001b0019[ <0031005200030035004800 00360048005500590048[d <0003002400530055004c00 001b[ ANALYSIS: Under CCP § 2030.290, “if a party to whom interrogatories are directed fails to serve a timely response,” that party “waives any legal right to exercise the option to produce...as well as any obje...

Excerpt: ...nt: Plaintiff Tejas Morlibhai Choski (No Opposition) RELIEF REQUESTED: Order permitting attorney to be relieved as attorney of record in this action GROUNDS FOR MOTION: Breakdown in communications, client has not signed substitution DECLARATION BY MOVING ATTORNEY [CRC 3.1362 (c), (d)]: Reasons why motion is necessary: ok Address recently confirmed (within last 30 days) Client agreed to electronic service. PROPOSED ORDER (CRC 3.1362 (e)): Address ...

Excerpt: ...C, Westfield Property Management LLC, and Nationwide Janitorial Services, Inc. (Amend) <00030027004c0044005100 004c0044005100030003[(Compel) Responding Party: Plaintiff Diane Boroudian (Amend) <0003003100440057004c00 00440051004c00570052[rial Services, Inc. (Compel) <0003003300550052004900 00030036004800460058[rity Consultants (Compel) RULING: Defendants' Motion for Leave to Amend Supplemental Designation of Experts is GRANTED. Pursuant to CCP §...