Excerpt: ...ty: Defendant City of Burbank (Protective Order) <0003000300030003000300 000300030033004f0044[intiff Nick Nichols (Compel Discovery) Responding Party: Plaintiff Nick Nichols (Protective Order) <0003000300030003000300 00030003002700480049[endant City of Burbank (Compel Discovery) RELIEF REQUESTED: Protective order as to the following discovery: Depositions and documents of defendant Mark Scott and PMQ of City of Burbank Form Interrogatories—Empl...

Excerpt: ...C <0003000300030003000300 00030003002700480049[endant U.S. Bank Responding Party: Plaintiff Quang Thai <0003000300030003000300 000300030033004f0044[intiff Vince Chai (No Opposition) RULING: [No opposition] UNOPPOSED Motions are GRANTED. Motion of Defendant Nationstar Mortgage, LLC to Compel Plaintiff Vince Chai to Answer, Without Objections, Form Interrogtories—General, Set No. One is GRANTED. Plaintiff Vince Chai is ordered to serve responses,...

Excerpt: ...ross- Complaint is OVERRULED to the third cause of action for declaratory relief and indemnity and fourth cause of action for contribution. Demurrer is SUSTAINED WITH LEAVE TO AMEND to the fifth cause of action for breach of contract on design agreement, sixth cause of action for breach of contract on construction management agreement, seventh cause of action for negligent design services, and eighth cause of action for negligent construction man...

Excerpt: ...: [No opposition]. Application for writ of possession is DENIED as to defendant Artak <0055004800540058004c00 00550003002600260033[ §512.030. Application for writ of possession is DENIED as to defendant Edgar Mkhoyan, as plaintiff has failed to establish how this party is involved in this dispute, or the probable validity of any claim by plaintiff as against this party. Or (if proof of service shown) The UNOPPOSED application for writ of possess...

Excerpt: ...demurrer to Cross-Complaint MEET AND CONFER? Ok CAUSES OF ACTION: From Cross-Complaint 1) Usury SUMMARY OF FACTS: Plaintiffs Frederick Yu and Megan Way Mun Wong allege that in June of 2009, upon the death of the father of defendant Jam Lu, plaintiff Yu discussed purchasing real property located in Monterey Park, held by a family trust of which defendant Lillian Lu, Jam Lu's wife, and her siblings were the named beneficiaries. The beneficiaries ag...

Excerpt: ... 4e00030003000300030003[ Responding Party: Plaintiff Angelique Avery RULING: Defendant City of Burbank's Motion to Compel Further Responses to Special Interrogatories, Set One: <0031005200560011000300 0014001b000300440051[d 22 in light of the service on April 20, 2018 of Further Responses to those Interrogatories. As to Special Interrogatory No. 9, the motion is GRANTED IN PART. The court notes that plaintiff is seeking damages in this action bas...

Excerpt: ...dant and Cross-Complainant Yvonne Sotomayor (No Opposition) RULING: Motion to Compel Attendance and Testimony of Defendant and Cross-Complainant Yvonne Sotomayor is MOOT in light of the representation that the witness appeared for her deposition and gave testimony on March 9, 2018. Monetary sanctions sought by moving party are DENIED. The moving papers fail to comply with CCP § 2023.040, as the notice of motion fails to identify every person, pa...

Excerpt: ...efendant's Motion to Compel Plaintiff's Attendance at Deposition is GRANTED. Plaintiff Hamlet Minasvand is ordered to appear for deposition and to give testimony on May 25, 2018 at 9:00 a.m. at plaintiff's attorney's law offices. Monetary sanctions in the amount of $1,635.00 [$1,635 requested] are awarded against plaintiff Hamlet Minasvand, payable within <0013000b0047000c000300 0011001300160013000b[a). Sanctions requested in the opposition are D...

Excerpt: ...erossa, et al. Relief Requested: Summary judgment in favor of defendants Ingenious Asset Group, Inc. and Porter Ranch Properties, LLC Moving Party: Defendants Ingenious Asset Group, Inc. and Porter Ranch Properties, LLC Responding Party: Plaintiffs Agripina Mora and Yolanda Valdez Plaintiff Anthony Jerry Hein RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Defendants Ingenious Asset Group, Inc. and Po...

Excerpt: ...ry of Judgment or 180 after entry of judgment) MP: Defendant Don Bosco Technical Institute RP: Plaintiff La Gina Easley, dba Let's Go Transportation RULING: Defendant Don Bosco Technical Institute's Motion for an Award of Attorneys' Fees is GRANTED. The court finds that defendant Don Bosco Technical Institute was the prevailing party in the action, and that the matter arose out of a written agreement between the parties which provides one party w...

Excerpt: ...8 Pleading Served: March 26, 2018, mail 30 days: ok RULING: [No Opposition]. Cross-Defendants Select Portfolio Servicing, Inc. and the Bank of New York Mellon FKA the Bank of New York as Trustee's UNOPPOSED Demurrer to Cross-Complainant Volantis Global, Inc.'s Second Amended Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. The demurrer to the fourth cause of action for contribution was previously sustained by the court without leave to amend,...

Excerpt: ...ermayne L. Shannon and David A. Knight's Demurrer to First Amended Cross-Complaint of Lorna Willard is OVERRULED as to the first cause of action for breach of contract as to cross-defendant Pasadena Market Center, Inc. dba Keller Williams Realty only. The demurer to the first cause of action as asserted against cross-defendants Jermayne Shannon and David Knight is SUSTAINED WITHOUT LEAVE TO AMEND, as these individuals are not parties to the alleg...

Excerpt: ...aint Strike punitive damages, irrelevant matter MEET AND CONFER? Ok CAUSES OF ACTION: From Second Amended Complaint 1) Financial Abuse of an Elder 2) Fraud by Concealment 3) IIED 4) NIED 5) Legal Malpractice 6) Breach of Fiduciary Duties 7) Cancellation 8) Business & Professions Code Section 17200 et seq. 9) Civil Penalties Under Penal Code Section 496(c) SUMMARY OF FACTS: Plaintiff John Leroy Howard, M.D., individually and in his capacity of tru...

Excerpt: ..., as Trustee's Motion for Reconsideration is DENIED. The motion is not timely and is not based on new or different law or facts, as the same arguments concerning repeal of the statutes were in fact made in the reply papers before the previous hearings. This ruling is without prejudice to any other procedural vehicle which would address the substantive issues concerning the viability of plaintiff's HBOR claims in existence on December 31, 2017 bef...

Excerpt: ... 317(b)): ok <004e000300030003000300 00030003000300030003[ 16/+5 day lapse (CCP §1005) <0003000300030003000300 0003[ RELIEF REQUESTED: Responses to Request for Production of Documents, Set One, by each plaintiff Order Deeming Requests for Admissions (Set One) Admitted, by each plaintiff, as to 2 defendants CHRONOLOGY Date Discovery served : December 19, 2018 <0003003100320003003500 00030036002800350039[ED <0003000300030029004800 000f000300150013...

Excerpt: ...f service showing service on October 14, 2016. Demurrer to Third Amended Complaint by Defendant County of Los Angeles, a Public Entity is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff in the opposition has conceded that the third cause of action is not intended to be alleged against the moving defendant. As to the remaining causes of action, to the extent they are based on alleged Civil Rights violations, the complaint again fails to clearly allege...

Excerpt: ...te a defense. Ten days to answer. Requests in the opposition for dismissal of causes of action in the complaint and for sanctions are denied. PROCEDURAL REQUIREMENTS: Correct Address in Proof of Service: ok 16/+5 Day Lapse: No Relief Requested: Entry of Judgment on the pleadings as to defendant's answer and each affirmative defense Motion made on one of the following grounds? (CCP § 438(c)(1): __X__ (A) Answer does not state facts sufficient to ...

Excerpt: ...ULING: Plaintiff Mounir Lebbad's Motion for Leave to File a Sixth Amended Complaint is GRANTED, based on the court's understanding that the only change being made in the pleading is the addition of the new party, defendant Savvas Pakkidis. Plaintiff has failed to lodge the pleading separately. Plaintiff is ordered to file with the court by 4 p.m. this date a separate signed original of the proposed pleading and the Sixth Amended Complaint will be...

Excerpt: ...mecare Agency, Inc. (Amend) <0003000300030003000300 00030003000300030003[ Defendant Noho Home Health Care, Inc. (Protective Order) Responding Party: Defendant Ramil Charmaine Gonzales (Amend) Plaintiff Royal Health Homecare Agency, Inc. (Protective Order) RULING: Plaintiff, Royal Health Homecare Agency, Inc.'s Motion for Leave to File an Amended Complaint is granted. Plaintiff has failed to lodge the proposed pleading separately. Plaintiff is req...

Excerpt: ... is not clearly alleged as against defendant Halldon. Demurrer on all other grounds is OVERRULED. Plaintiff on amendment may specify that defendant Mary I. Hall is appearing by her conservator. UNOPPOSED Request for Judicial Notice is GRANTED. Ten days leave to amend. The parties are ordered to file with any further demurrer an appropriate meet and confer declaration under CCP § 430.41(a). RELIEF REQUESTED: Sustain demurrer to complaint MEET AND...

Excerpt: ...sponding Party: Plaintiff Sedik Asatury RULING: Demurrer of Defendant Trotta Realty, Inc. to Complaint: The meet and confer declaration filed by defendant indicates that in violation of plaintiff's <004f004800470003005700 00470003005700520003[meet and confer telephone messages and correspondence from defendant. The parties are ordered to meet and confer in good faith in the hallway, plaintiff is ordered to prepare the required declaration under C...

Excerpt: ...osition] Motion to Consolidate Cases is denied without prejudice. There is no proof of service of this motion showing that it has been served on all parties to each action and on each court in which an action is pending, as required under CCP § 403. The motion also fails to comply with the procedural requirements CRC Rule 3.350. In addition, the actions are not pending in the same department, and there is no order relating them. See LASC Rule 3....

Excerpt: ...ties for motion to strike only) . Responding Party: Plaintiffs Lake Cunningham and Vanessa Spinetti (No Opposition) Meet and Confer? Ok <0003000300030003000300 00030003[ Sustain demurrer to first, second and fourth causes of action of Verified First Amended Complaint Strike punitive damages CAUSES OF ACTION: from First Amended Complaint 1. Breach of Contract 2. Negligence 3. Retaliation 4. Breach of Implied Warranty of Habitability SUMMARY OF FAC...

Excerpt: ...ardo Guzman and Century-National Insurance Company (No Opposition) RULING: [No Opposition]. Motion to Amend the Summons and Complaint is GRANTED. The motion fails to comply with the procedural requirements of CRC 3.1324(a) and (b). However, the motion evidently seeks to have this court interlineate existing pleadings, rather than an order permitting plaintiff to file a first amended complaint making the requested changes, which would result in th...

Excerpt: ...03[ Responding Party: Defendant Melissa Thornton (No Opposition) RULING: [No opposition] Cavalry SPV I, LLC's Motion for Order: Truth of Matters Specified in Request for Admissions be Deemed Admitted is GRANTED. Defendant 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 Plaintiff's Request for Admissions...

Excerpt: ...tion Everyday Rich, LLC Responding Party: Plaintiff Esteban Montenegro RULING The Court has reluctantly considered the untimely opposition. (4 court days late) only because it has also received a reply. Amended Motion of Everyday Rich, LLC to Expunge Lis Pendens is GRANTED. Moving party Everyday Rich has established that the notice of pendency of action is void and invalid pursuant to CCP § 405.23, as the requirements of CCP § 405.22 have not b...

Excerpt: ...RANTED. The court notes the receipt of plaintiffs' “Statement of Non‐Opposition to Hollier's Motion to Stay,” indicating that they will not oppose the motion to stay. Good cause appearing, the court orders this matter stayed pending a final resolution of the Petition to Determine Controversy submitted by Christopher Hollier to the Labor Commissioner of the State of California received on February 6, 2018. The Court sets a Status Conference ...

Excerpt: .... Defendant Maxi‐Matic USA is ordered to serve further full and complete responses, without objection, to Special Interrogatories Nos. 49, 50, 51, 65, 66, 67, 68, 69, 70, and 71, limited to the last ten years and to include only those pressure cookers which utilize the same pin system utilized in the subject pressure cooker, the Elite by Maxi‐Matic 10 quart digital pressure cooker. Further responses are to be without objection, which defendan...

Excerpt: ...REQUESTED: Order restraining defendant from misappropriating, using and retaining Secure Net Protection's property, proprietary information and trade secrets, soliciting customers of Secure Net Protection, contacting customers of Secure Net Protection, soliciting for employment or contacting plaintiffs' employees or staff, maligning or alleging misconduct by plaintiffs and persons affiliated with plaintiffs, competing with Secure Net Protection, ...

Excerpt: ...ally and dba Elite Ride (No Opposition) ANALYSIS: This matter was originally heard on November 17, 2017. The court published its tentative ruling, which was to deny the application unless proof of service on the defendant was shown. The matter was again heard on February 1, 2018. No further papers had been submitted, except for a notice of continuance of the hearing date, and a Case Management Statement filed on behalf of plaintiff. The court pub...

Excerpt: ...e of California, Department of Transportation <0003000300030003000300 00030003000300030003[<0003000300030003000300 00480049004800510047[ant City of Burbank Responding Party: Plaintiff Angelique Avery RULING: Demurrer to Plaintiffs' Complaint by California Department of Transportation is SUSTAINED WITH LEAVE TO AMEND. The first and third causes of action asserted against the moving defendant do not clearly allege the statutory duty upon which clai...

Excerpt: ...iled this action in pro per, alleging that in August of 2014, plaintiff went to the Altadena sheriff's department with his sister‐in‐law, Nancy Kevorkian, who had a complaint to file against sheriff's deputies, alleging that they came to Nancy's property earlier that evening and stole her belongings. Plaintiff alleges that while he stood in the lobby next to Nancy, he was accused of various criminal acts that never occurred, and was arrested,...

Excerpt: ... Les Zieve Responding Party: Plaintiff Theresa Williams RELIEF REQUESTED: Judgment on the pleadings as to the Second Amended Complaint CAUSES OF ACTION: from Second Amended Complaint (Body of Complaint, not caption) 1. Cancellation of Instruments 2. Fraud 3. Negligence 4. Negligent Misrepresentation 5. Wrongful Foreclosure 6. Accounting 7. Trespass 8. Violation of B & P Code § 17200 et seq. 9. Slander of Title 10. Quiet Title 11. Damages 12. Dec...

Excerpt: ...00030032005900480055[seas Affairs Service Center Co., Inc. Responding Party: Defendant Oasis Growth Partners, LLC, et al. (One set of defendants has filed “Non-Opposition”) RULING: [No Opposition] The court notes the receipt of a “Non-Opposition” to the motion, filed by defendants Iris Liu, L.A. Life, LLC and America Asia Holdings, LLC informing the court that they do not oppose plaintiff's motion. No timely opposition by any other defend...

Excerpt: ...nt Anthony Serpa Responding Party: Plaintiff Kevin Roberts TENTATIVE RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Defendant Anthony Serpa's Motion for Summary Judgment is GRANTED. Defendant Anthony Serpa has submitted evidence sufficient to establish that all of plaintiff's claims are barred under the doctrine of Privette v. Superior Court (1993) 5 Cal.4 th 689, and its progeny. Under that doctrine...

Excerpt: ...f East West Bank alleges that it is the purchaser of loans and assets of United Commercial Bank (“UCB”) from the FDIC acting as receiver for UCB, and so is the owner of contracts between UCB and defendant Euro Cucina, Inc., including a written business loan agreement and first modification and extension agreement, pursuant to which defendant was loaned $100,000. The contracts were personally guaranteed by defendants Evelyn Lee and Paul Chang....

Excerpt: ...0 00510047005500440047[<0003000300030003000300 03000300030003000300030003[ Name of Client: Defendants Corinthian Properties, Inc. and Carlton Tate Group, LLC (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: Irreconcilable differences, clients...

Excerpt: ... Client: Plaintiffs Alicia Alvarez and Luis Perales (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: Breakdown in communications and of the attorney-client relationship DECLARATION BY MOVING ATTORNEY [CRC 3.1362 (c), (d)]: Reasons why motion ...

Excerpt: ... Party: Plaintiff A.A.R., Inc. (No Opposition) RULING: [No Opposition] Defendant Sentinel Insurance Company, Ltd's UNOPPOSED Motion to Compel Further Responses to Request for Admission and Form Interrogatories is GRANTED. Plaintiff A.A.R., Inc. is ordered to provide further complete responses, without objection, to Form Interrogatories <0029002400560003001700 005100470003001b0003[and 50.6, within ten days. Objections are overruled on the ground p...

Excerpt: ...Interrogatories is MOOT in light of the service on January 8, 2018 of Supplemental Responses to Special Interrogatories, Set 1. Monetary sanctions in the amount of $1,703.95 [$3,407.90 for both motions requested] are awarded against defendant Alejo Morales, payable within 30 days. CCP Sections 2030.300(c), <004f004800030016001100 [ Petitioner's Motion to Compel Respondent's Response to Request for Production of Documents is MOOT in light of the s...

Excerpt: ...nding Party: Plaintiff ARF Financial, LLC, fka Advance Restaurant Finance, LLC RULING: Specially Appearing Defendant Tap House Grill Westmont, Inc., an Illinois Corporation dba Taphouse Grill Motion to Quash Service of Summons for Lack of Personal Jurisdiction or, in the Alternative, Motion to Stay or Dismiss the Action on the Ground of Forum Non Conveniens is DENIED. Plaintiff has submitted evidence sufficient to establish that defendants have e...

Excerpt: ...and Notices submitted by plaintiff, and finds that the procedural and other concerns the court previously raised have been resolved to the satisfaction of the court, and that defendant has been served with sufficient notice of this motion and both the previous March 23, 2018 hearing, as well as the hearing set for this date. Pursuant to Government Code section 68608 (b), CCP § 575.2 and LASC Rule 3.10 the court orders the answer filed by defenda...

Excerpt: ... in the property, in the form of current legal title. The court determines that the amount of undertaking which would be just based on the showing presented would include the only evidenced carrying costs of the property, $2,500 per month, for the five months until the matter will be tried, in the sum of $12,500 plus estimated attorneys' fees in the reasonable sum of $32,000, for a total bond of $44,500 to be posted by plaintiff. Pursuant to CCP ...

Excerpt: ...led by Viracon, Inc. <0003000300030003000300 000300030003[ <0056004800570056000f00 03002f002f002600030003[ RULING: Defendant Benson Industries, Inc.'s Motion to Compel Arbitration and Stay Litigation is GRANTED. 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 fo...

Excerpt: ...arty: Defendant Nardo Del Rosario Responding Party: Plaintiff Kevin Roberts RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Defendant Nardo Del Rosario's Motion for Summary Judgment is GRANTED. Defendant Del Rosario has submitted evidence sufficient to establish that all of plaintiff's claims are barred under the doctrine of Privette v. Superior Court (1993) 5 Cal.4 th 689, and its progeny. Under that...

Excerpt: ...ich do or do not create a triable issue of controversy: DLI Properties, LLC's Motion for Summary Judgment: Motion is DENIED as to defendant Deja Morlan, due to the entry of default against this defendant on April 25, 2017. Motion is GRANTED as to defendant Lisa O'Rrell. The court has taken judicial notice of the file in Case No. 17B01457. Plaintiff has met its burden of establishing each element of Unlawful Detainer action sufficient to shift bur...

Excerpt: ...3000300030003002800260003001300190015001b001a001700 03000300030003000300030003000300030003000300030003[ Trial Date: November 19, 2018 Case Name: Williams, M.D. v. St. Vaughn, et al. MOTION FOR PROTECTIVE ORDER/DISCOVERY REFEREE <0003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300 030003000300030003...

Excerpt: ...30003000300030003000300030003000300030003000300030003000300030003000300030003000300 03000300030003000300030003000300030003000300030003[ <0027004400570048001d00030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300030003000300 03000300030003000300030003000300030003000300030003[<0003000300030003000300030003000300030003000300030003000300...

Excerpt: ...Uriel Levy Responding Party: Defendants Issachar Shabtay, et al. (No Opposition) RULING: UNOPPOSED Motion for leave to file a first amended complaint is granted. Plaintiffs have failed to lodge the proposed pleading separately. Plaintiffs are ordered to submit to the court by 4 p.m. this date a separate signed original of the proposed pleading and the First Amended Complaint will be deemed filed and served upon the court's receipt of this documen...

Excerpt: ... fees incurred in defending against plaintiffs' appeal of an order granting defendants' special motion to strike in the sum of $89,850 RULING: Defendants and Respondents' Motion Pursuant to CCP 425.16(C)(1) for an Order Awarding them Attorney's Fees is GRANTED. The court finds that defendants Xenon Investment Corporation, LS2 Properties, LLC, Westside Habitats, LLC, Rohta Mehta and Loren Medina were the prevailing defendants on the appeal of an o...