Excerpt: ...corporates by reference all previous allegations, so that all causes of action are embraced by the appeal, and it appears from the opposition that defendant intends to bring cross-claims, which in turn would involve all five causes of action as well. RELIEF REQUESTED: Order granting relief from stay of litigation SUMMARY OF FACTS: Plaintiff Navigators Specialty Insurance Company alleges that it paid more than $1 million to defend and settle an ac...

Excerpt: ...er Mas RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Defendant Sentinel's Motion for Summary Judgment is DENIED. Triable issues of fact remain with respect to whether defendant breached the subject policy and the implied covenant of good faith and fair dealing by failing to provide a defense of the Mas case, and defendant has failed to establish the exhaustion of policy limits under Hartford Acciden...

Excerpt: ...ff Antranik Kevorkian, in pro per RELIEF REQUESTED: Sustain demurrer to Second Amended Complaint MEET AND CONFER? Yes, Ex. A CAUSES OF ACTION: From Second Amended Complaint 1) Violation of Fourth Amendment to the U.S. Constitution 2) Violation of Fourteenth Amendment to United States Constitution SUMMARY OF FACTS: Plaintiff Antronik Kevorkian filed this action in pro per, alleging that in August of 2014, plaintiff went to the Altadena sheriff's d...

Excerpt: ...intiffs Angelique Avery, Adolphus Jones and Scott Ross (Demurrers) No opposition (Consolidate) RELIEF REQUESTED: Sustain demurrer to First Amended Complaint MEET AND CONFER? Yes CAUSES OF ACTION: From First Amended (Form) Complaint 1) General Negligence 2) Motor Vehicle 3) Products Liability SUMMARY OF FACTS: Plaintiffs Angelique Avery, Adolphus Jones and Scott Ross allege that in September of 2014 they were passengers in a train when it collided...

Excerpt: ...ntry of Judgment or 180 after entry of judgment) Moving Party: Plaintiffs Rafi M. Khan and Rubina R. Khan Responding Party: Defendants Bayview Loan Servicing, LLC and Bank of New York, as Trustee RULING: Plaintiff Rafi and Rubina Khan's Motion for Attorney's Fees and Costs is DENIED for the reasons stated in the opposition in connection with the repeal of the statutory rights on which plaintiffs rely. Defendants' UNOPPOSED Request for Judicial No...

Excerpt: ... <0003000300030003000300 00030003002400560056[ociation, Inc. (Fees) Judgment Debtor/Defendant Boris Levin (Tax) Responding Party: Judgment Debtor/Defendant Boris Levin (Fees) Judgment Creditor/Plaintiff La Madrugada Owners Association, Inc. (Tax) RELIEF REQUESTED: Tax Order Taxing Memorandum of Costs Fees Order awarding post-judgment attorneys' fees, costs and interest FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Madrugada Owners Association, Inc...

Excerpt: ...ty: Plaintiff Royal Health Homecare Agency, Inc. RELIEF REQUESTED: Order imposing sanctions against Plaintiff Royal Home Healthcare Agency, Inc. and its counsel of record FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Royal Home Healthcare Agency, Inc. alleges that its former employee, defendant Remil Charmaine Gonzalez, used her access to plaintiff's information to illegally steal plaintiff's client and employee lists for the benefit of defendant ...

Excerpt: ...aterial facts which do or do not create a triable issue of controversy: Defendant Rolcom, Inc.'s Motion for Summary Judgment, or, In the Alternative, Summary Adjudication is DENIED. Plaintiff has pointed to reasonable competing inferences supported by the evidence submitted with the moving papers which suggest that moving defendant's involvement in the project was not strictly limited to duties which did not involve electrical services, or the re...

Excerpt: ... it received no timely opposition to the motion to compel, as required by CCP § 1290.6. Accordingly, pursuant to CCP §1290, the allegations of 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 ...

Excerpt: ...enter Co., Inc. (Compel) <0003000300030003000300 00030003000300030003[ Fitzmaurice & Denergian (Relieved) Responding Party: Defendant Oasis Growth Partners, LLC, et al. (No Opposition) FACTUAL 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,...

Excerpt: ...g Party: Defendant Xiao Qing Yang, in pro per (No Opposition) RULING: Plaintiff Bi Qin Cheng's Motion to Compel Further Responses from Defendant Xiao Qing Yang to Plaintiff Bi Qin Cheng's Form Interrogatories—General (Set No. One) is GRANTED. Defendant Xiao Qing Yang is ordered to serve further complete responses to Form <001300110019000f000300 0048000f0003005a004b[ich provide all information requested, within ten days. Further responses to be ...

Excerpt: ...Lehr and Frank Bryant RULING: Motion to Strike Portions of Plaintiffs' Complaint is GRANTED WITH LEAVE TO AMEND. The complaint seeks relief for negligence, and fails to allege facts which could support a finding that at the time of the incident the driver of the vehicle acted with malice or conscious disregard for the safety of plaintiff. Ten days leave to amend, if possible. RELIEF REQUESTED: Strike allegations of punitive damages CAUSES OF ACTI...

Excerpt: ...ovia (4 Motions) Defendant Pauline White (Enforce Liability) RULING: Motion to Vacate Rulings on/after 03/17/17 is STAYED pursuant to the court's June 29, 2018 order. Motion as Void/Voidable is STAYED pursuant to the court's June 29, 2018 order. Motion to Amend Cross-Complaint, Plaintiff City of Monrovia's Motion to Enforce Liability on Civil Deposit, and Motion to Tax Costs/Strike Cost Bill are CONTINUED to November 2, 2018 [Sixty days beyond Se...

Excerpt: ...CP section 527(d)(4) to October 26, 2018 at 9:00 a.m. Temporary Restraining order issued on July 3, 2018 shall remain in effect until 5:00 p.m. on the date of the continued hearing. The court will consider the untimely filed Notice of Motion filed on July 11, 2018 to be the moving papers. The court will not consider the motion until plaintiffs have filed with the court proofs of service showing service of the Notice of Motion on defendants. ANALY...

Excerpt: ...ntiff Jean E. Pierre RULING: UNOPPOSED Demurrer to Complaint is SUSTAINED WITH LEAVE TO AMEND for the reasons stated in the moving papers, limited to one opportunity to amend given that it is highly unlikely that plaintiff will be able to state a cause of action against this moving defendant. Ten day leave to amend, if possible. (It appears doubtful that any cause of action to void and cancel a trust deed in which this defendant holds no interest...

Excerpt: ...ss-Defendant William H. Schellbach, D.D.S. Responding Party: Defendant and Cross-Complainant Hoosik Najarian, D.D.S. RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Motion for Summary Judgment on the Cross-Complaint and for Summary Adjudication on the First Cause of Action and Second Cause of Action in the First Amended Verified Complaint is GRANTED. The court has reviewed the executed written agreeme...

Excerpt: ... leave to file a first amended complaint is granted. Plaintiff has failed to lodge the proposed pleading separately and therefore is ordered to provide a separate, signed, copy of the proposed pleading by 4:00 p.m. this date, at which time the amended pleading will be deemed filed and served. RELIEF REQUESTED: File a First Amended Complaint CONTENTS OF MOTION: (CRC 3.1324(a)) Copy of the proposed amendment served on all parties? (CCP §471.5): Ye...

Excerpt: ...berts (No Opposition) RELIEF REQUESTED: Order awarding evidentiary sanctions and monetary sanctions against plaintiff Kevin Roberts. RULING: [No opposition] UNOPPOSED Motion for Evidentiary Sanctions is continued to August 10, 2018, at 9:00 a.m. Plaintiff has failed to comply with this court's order of January 26, 2018, requiring plaintiff to provide responses to interrogatories, and to provide responses to requests for production of documents. I...

Excerpt: ...D CONFER? Yes CAUSES OF ACTION: From Fourth 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...

Excerpt: ... Truong Name of Deponent: To Nu To-Nga Truong Status of Deponent: Third party witness RULING: General Electric Company's Motion to Compel Answers and Further Responses from Non-Party Witness To Nu To-Nga Truong is GRANTED in part and DENIED in part. The deponent, To Nu To-Nga Truong, is ordered to give answers to the subject questions on the resumption of the deposition, to take place on or before July 27, 2018. The court notes the questions appe...

Excerpt: ...s to Special Interrogatories, Set One and Form Interrogatory 15.1 Further Responses to Plaintiff's Request for Production of Documents, Set One, Requests 40-46 CRC separate statement, etc.: ok DECLARATION SUPPORTING MOTION: <0003000300030003000300 00030003000300030003[ ok Reasonable and good faith attempt to resolve informally: ok, Exhibits 12-22 FACTUAL BACKGROUND Plaintiff Heather Lehr alleges that on April 4, 2017, she was standing on a sidewa...

Excerpt: ...na Turk RULING: Defendant R&D Promos, LLC's Demurrer to Complaint is OVERRULED. Ten days leave to amend the third cause of action). Defendant R&D Promos, LLC's Motion to Strike Portions of Plaintiff's Complaint is DENIED. Ten days to answer. Meet and Confer? No RELIEF REQUESTED: Sustain demurrer to Complaint Strike Punitive Damages CAUSES OF ACTION: from Complaint 1) Assault 2) Battery 3) IIED 4) Negligence SUMMARY OF FACTS: Plaintiffs Dona Turk ...

Excerpt: ...lve) <0003000300030003000300 00030003000300030003[ Defendant Remil Charmaine Gonzalez (Demurrer) <0003000300030003000300 00030003000300030003[ “Joinder” filed by defendants Noho Home Health and Bella Aslanova (Demurrer) Responding Party: Defendants Noho Home Health and Bella Aslanova (Dissolve) Plaintiff Royal Health Homecare Agency, Inc. (Demurrer) RELIEF REQUESTED: Dissolve protective order and stay on discovery Sustain Demurrer to First, S...

Excerpt: ...America, Inc. (GFS) <0003000300030003000300 00030003000300030003[<0044005100570056000300 00560010002600520050[plainants Gas Product Sales, LLC, GAAP Gas Controls, Inc., and Harsharan S. Grewal (Contest) RESPONDING PARTY: (Reciprocal Motions) RULING: Geeton America, Inc.'s Application for Determination of Good Faith Settlement is GRANTED. The court determines that the settlement entered into by plaintiff and defendant/cross-complainant/cross- defe...

Excerpt: ...for inverse condemnation of plaintiffs' complaint Moving Party: Defendant Southern California Edison Company Responding Party: Plaintiffs Edwin Tak-Wing Chan and Wei Chao RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Plaintiffs' request for continuance is granted. The court finds pursuant to CCP section 437c (h) that it appears from the affidavit submitted in opposition to the motion that facts esse...

Excerpt: ... 066232 Case Nam< 0300030003[<000300030003002f004400 004700440003[ Owners Association, Inc. v. Levin, et al. MP: Judgment Creditor/Plaintiff La Madrugada Owners Association, Inc. (Fees) Judgment Debtor/Defendant Boris Levin (Tax) RP: Judgment Debtor/Defendant Boris Levin (Fees) (No Opposition) Judgment Creditor/Plaintiff La Madrugada Owners Association, Inc. (Tax) RULING: Defendant's Motion to Tax Plaintiff's Memorandum of Costs is MOOT. It is di...

Excerpt: ...: <00030037004b0048000300 00560003004600520051[sidered all of the evidence. The Court finds the declaration submitted by the process server credible with respect to the address being a usual place of mailing for defendant, particularly in light of the failure of defendant to submit a declaration of the person actually served. Thirty days to file responsive pleading. Demurrer to First Amended Complaint is OVERRULED. Motion to Strike is GRANTED as ...

Excerpt: ...ulings and Motion as Void/Voidable are subject to the automatic stay, so the motion is GRANTED as to those pending motions, and the hearings on those motions are stayed until the full resolution of the appeal. As to the Motion to enforce liability on civil deposit and for a court order directing defendant to pay interest on amount of bond for delay caused by appeal filed by defendant, and the Motion to tax costs, the motion to stay these two matt...

Excerpt: ...ice of Summons is GRANTED. Plaintiffs have failed to establish by a preponderance of the evidence that it is appropriate for this court to exercise specific jurisdiction over defendants. Plaintiffs have established the existence of only one contract, which they concede was entered in Nevada, with California residents to provide shipping services to a California address at the direction of the residents, and one phone call to obtain billing inform...

Excerpt: ...ubmitted by defendants. The court's previous tentative ruling dated June 22, 2018 becomes the order of the court. Defendants' Request for Judicial Notice in Reply is GRANTED. As to Exhibits A-G, the recorded documents, the court has taken notice only of the fact of each recorded document's recording, the date each document was recorded and executed, the parties to the transaction reflected in the recorded document, the document's legally operativ...

Excerpt: ...��Southern California dba Providence Saint Joseph Medical Center for Order Establishing That Second Set of Request for Admission of Facts and Genuineness of Documents be Deemed Admitted Against Plaintiff Babak Mobin is GRANTED. Plaintiff has failed to serve timely responses substantially complying with the provisions of CCP § 2033.220 prior to the hearing on this motion. The court therefore orders that all matters specified in the Second Set of ...

Excerpt: ...Office, L.P., CFO BC, LLC, and Suretec Insurance Company RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Motion for Summary Judgment is DENIED. Plaintiff has failed to meet its initial burden on this motion, as it has failed to appropriately support the sum being claimed. The interest calculation fails to indicate on what basis the rate is sought, or why it is calculated from July 8, 2016 through Sept...

Excerpt: ...Arutyun Modayan (No Opposition) RULING: [No opposition] Application for Writ of Possession and Application for Writ of Attachment are DENIED WITHOUT PREJUDICE. Plaintiff has failed to establish that defendant has been served with the summons, complaint or moving documents as required by CCP section 484.040. Or, if proof of service shown, Application for Writ of Possession is granted. The Court finds that plaintiff has established the probable val...

Excerpt: ...tion §16504 (b), said charging order constitutes a lien on a judgment debtor's transferable interest in the partnership, including the real property held in constructive trust pursuant to the partnership agreement, as described in the judgment in this matter. Said lien applies up to the amount of the judgment of $172,600.00 with interest thereon at the rate of ten percent (10%) per annum accrued to the date of payment. RELIEF REQUESTED: Orde...

Excerpt: ... Plaintiffs Anthony Siracusa and Mitzi Siracusa RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Defendant's Motion for Summary Judgment, or in the Alternative, Summary Adjudication, is GRANTED. Defendant has submitted evidence that since the recording of the Notice of Default and Notice of Trustee's Sale, and the alleged violations of the HBOR in this matter, defendant has completed a loan modificatio...

Excerpt: ...Summary judgment in favor of defendant Alex Terzibachian Moving Party: Defendant Wesley Lewis Defendant Nima Sadeghi Defendant Alex Terzibachian Responding Party: Plaintiffs Maria Serrato, Joseph Serrato and Armando Villa Causes of Action from Second Amended Complaints 1) Negligence SUMMARY OF COMPLAINT: The lead action in this matter is brought by plaintiffs Maria Serrato and Joseph Serrato who allege that they are the mother and stepfather and ...

Excerpt: ...pment Inc. and Greg Astorian (Jury Trial) Plaintiff MGN Five Star Cinema, LLC (Sanctions) RULING: Plaintiff's Motion for Allowance of a Jury Trial is again DENIED, as an untimely and improper motion for reconsideration of this court's September 12, 2017 order denying an ex parte application for the same relief, based on papers making the same arguments and citing the same legal authority, which order has in fact already been affirmed and been fou...

Excerpt: ... Name of Client: Cross-complainant Issachar Shabtay (No Opposition) Correct address in proof of service? (CCP §§1013, 1013a) Client: ok Other parties: ok 16/+5 day lapse? (CCP §1005(b)) ok RELIEF REQUESTED: Order permitting attorney to be relieved as attorney of record in this action GROUNDS FOR MOTION: Failure of client to provide information necessary to prosecute cross-complaint, failure to abide by terms of attorney-client fee agreement DE...

Excerpt: ...Issachar Shabtay (No Opposition) Correct address in proof of service? (CCP §§1013, 1013a) Client: ok Other parties: ok 16/+5 day lapse? (CCP §1005(b)) ok RELIEF REQUESTED: Order permitting attorney to be relieved as attorney of record in this action GROUNDS FOR MOTION: Failure of client to provide information necessary to prosecute complaint, failure to abide by terms of attorney-client fee agreement DECLARATION BY MOVING ATTORNEY [CRC 3.1362 ...

Excerpt: ...to Compel Arbitration and Stay Litigation is MOOT in light of the dismissal of this party from this action on April 10, 2018. As to the “joining” co-defendants, the joinders are DENIED WITHOUT PREJUDICE with respect to compelling arbitration, as those parties have not established to the satisfaction of the court that an agreement to arbitrate the controversy as to those parties exists. The joinders to the extent requesting STAY of this action...

Excerpt: ...atories, Set One: The court WILL NOT CONSIDER the motion as it is untimely, having been filed and set to be heard beyond the 15 th day before the date initially set for the trial of the action. The order continuing trial in this matter did not reopen discovery beyond that agreed to by the parties in their written stipulation submitted to the court, pursuant to which discovery was reopened only to conduct two depositions, those of plaintiff Consta...

Excerpt: ...ank Responding Party: Plaintiff Maria Fuentes RULING: Motion to Expunge Notice of Pendency of Action (“Lis Pendens”) is DENIED. The court finds that the argument made by plaintiff Maria Fuentes, as well as matter apparent from the Request for Judicial Notice submitted by defendants, establishes by a preponderance of the evidence the probable validity of plaintiff's real property claim that the trustee's sale was conducted based on a questiona...

Excerpt: ...0300160013000f000300 1500130014001b[ Within 60 days?: ok Hearing date (within 30 days of service, or docket conditions): ok Moving Party: Defendants Vaghashia Family Limited Partnership, <000300030003002a005200 004b00440056004b004c[a and Sonal Vaghasia Responding Party: Plaintiff Rakesh Kothari RULING: Defendants Vaghashia Family Limited Partnership, Govind Vaghashia and Sonal Vaghasia Special Motion to Strike Plaintiff's Fifth and Tenth Causes o...

Excerpt: ...nant Xiao Qing Yang (No Opposition) RULING: [No Opposition] Plaintiffs/Cross-Defendants' Bi Qin Cheng and Chang Zheng Zou's Motion to Strike Defendant/Cross-Complainant Xiao Qing Yang's Cross-Complaint is DENIED. While the subject cross-complaint was not appropriately filed before or at the time of the filing of the answer, and without advance leave of court, the court notes that the pleading was evidently served on the moving parties, and the co...

Excerpt: ...D. The court in its discretion has considered Marcus Johns' Opposition to the motion as well as Los Angeles Engineering, Inc.'s Joinder and Supplemental Opposition, despite the fact that they were untimely filed with the court, only because they were timely served. Marcus Johns and Los Angeles Engineering, Inc. are cautioned that the court may in the future decline to consider papers not filed within the mandatory statutory deadlines. The court i...

Excerpt: ...ff Tejas Morlibhai Choski (No Opposition) Correct address in proof of service? (CCP §§1013, 1013a) Client: ok Other parties: No POS 16/+5 day lapse? (CCP §1005(b)) ok 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 re...

Excerpt: ...ction on June 6, 2018, after the filing of the demurrer, but two court days after the date for filing an opposition to the demurrer. Under CCP § 472: “(a) A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before the demurrer is heard if the amended complaint, cross-complaint, or answer is filed and served no later than the date for filing an oppos...

Excerpt: ...am Recinos, and Alan Isaac Orellana-Recinos and Aaron Isaiah Orrellana-Recinos, through their GAL RULING: Demurrer is OVERRULED to the first cause of action for interference with easement, second cause of action for Bane Act violation, and third cause of action for assault. Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND to the fourth cause of action for violation of Penal Code § 422.6. Request for Judicial Notice is DENIED, as the moving party has...

Excerpt: ...s Burbank Unified School District, Peter Knapik, Jennifer Shaughnessy, Brandi Young, and Dorothy Hernandez Responding Party: Plaintiff Danny Hansen (No Opposition) RELIEF REQUESTED: Further Responses to Form Interrogatories (Set No. 1) Further Responses to Special Interrogatories (Set No 1) Further Responses to Requests for Production of Documents (Set No. 1) CRC separate statement, etc.: ok DECLARATION SUPPORTING MOTION: Executed per CCP §§ 20...

Excerpt: ...tion) RULING: [No opposition] Motion of Defendant Pacific Bell Telephone Company dba AT&T's Motion to Compel the Deposition of Warren Randal Heath is DENIED for failure to show service of the moving papers or the Amended Notice of Motion on the third party witness. Or, if proof of service shown: Motion of Defendant Pacific Bell Telephone Company dba AT&T's Motion to Compel the Deposition of Warren Randal Heath is GRANTED. Third party Warren Randa...