Excerpt: ...ses FACTUAL BACKGROUND: Plaintiff Korea Trade Insurance Corporation alleges that it is assignee to Mido Trade Co., Ltd. and brings this action for common counts: alleging that defendant Mix & Match Apparel, Inc has become indebted to plaintiff in the sum of The complaint alleges causes of action for open account: account stated: and reasonable value. Defendant Mix & Match Apparel: Inc has filed a cross-complaint against Mido Trade Co., Ltd.: alle...

Excerpt: ...Responding Party: Defendants/Cross Complainants Westco Petroleum Distributors Inc. and Westco Petroleum Inc. (Fees) Defendant/Cross-Complainant Kamal A. Bilal (Fees) Plamtiff and Cross-defendants MCW Fuels, LLC and Aleksandr Blyumkin (Tax Costs) RELIEF REQUESTED: Attorney Fees Award of attorneys' fees in the amount of $776, 917.50 and costs in the amount of $16,974.94, plus costs in the amount of S451.30 incurred in connection with the appeal, to...

Excerpt: ...causes of action of Cross-Complaint CAUSES OF ACTION: from Cross-complaint 1) 2) 3) 4) 5) 6) 7) Breach of Fiduciary Duty Breach of Written Contract Interference with Prospective Economic Relations Declaratory Relief Negligent Interference With Prospective Economic Relations Breach of Implied Covenant of Good Faith and Fair Dealing Breach of Oral Contract SUMMARY OF FACTS: Plaintiff Gewo Khachadoorian alleges that in March of 2020 plaintiff commen...

Excerpt: ...pelling defendant James Kao, M.D. to answer questions from deposition and produce documents requested at deposition. Order compelling defendant John Kasher to answer questions from deposition and produce documents requested at deposition. MONETARY SANCTION: N one sought FACTUAL BACKGROUND: Plaintiff Jason Steger alleges that in October of 2016, plaintiff was admitted to defendant CS] Providence St Joseph Medical Center With abdominal pain, and th...

Excerpt: ...mpelling defendant James Kao, M.D. to answer questions from deposition and produce documents requested at deposition. Order compelling defendant James Kao, M.D. to answer questions from deposition and produce documents requested at deposition. MONETARY SANCTION: None sought. FACTUAL BACKGROUND: Plaintiff Jason Steger alleges that in October of 2016, plaintiff was admitted to defendant CSJ Providence St. Joseph Medical Center with abdominal pain, ...

Excerpt: ...nally serving the summons and complaint on Paul Van Richter. SUMMARY OF FACTS: Plaintiff Excelsior at the Americana at Brand Homeowners' Association (Excelsior HOA) alleges that it is a California mutual benefit non-profit corporation which is owned by and composed of its members and owners within the community known as The Excelsior at Americana (Excelsior). Plaintiff alleges that there are 100 owner members, and that defendant Paul Van Richter ...

Excerpt: ...ACTS: Plaintiffs Riad Ibrahim and Kloud Chahin allege that in August of 2018, plaintiffs purchased a new 2018 Nissan Versa vehicle. Plaintiffs allege that they entered into an express written contract, a warranty, with defendant Nissan North America, Inc. (Nissan), by which Nissan undertook to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiffs al...

Excerpt: ...mbra Hospital. SUMMARY OF FACTS: Plaintiff Elijah A. Alvillar, an incompetent individual, through his guardian ad litem, alleges that on May 6, 2019, while plaintiff was under the care, custody and control of defendant BHC Alhambra Hospital, Inc., an acute-care psychiatric hospital, defendant breached the applicable standard of care for safe custody of plaintiff when defendant and its agents failed to adequately supervise and protect plaintiff fr...

Excerpt: ...action to continue. SUMMARY OF FACTS: Plaintiff Guillermo Ochoa alleges that on November 9, 2019, at or near Vernon Road in Glendale, defendants Jose Avalos and Jose Hulzar negligently operated, owned, entrusted, and employed the persons who operated a motor vehicle, causing injuries and damages to plaintiff. Specifically, the complaint alleges that defendants Avalos and Hulzar were the owners, operators and managers of a tractor-trailer vehicle ...

Excerpt: ...d party Meghedy Bandary Third party Robert Ter-Oganesyan (Compel Compliance Deposition Subpoenas) (No Opposition) RELIEF REQUESTED: Responses to Specially Prepared Interrogatories, Set No. One from plaintiff Order Compelling Compliance with Subpoena for Attendance and Testimony by Robert Ter-Oganesyan FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Vehanoosh Grigorian brings this legal malpractice action against her former attorneys, defendants Alex...

Excerpt: ...aumyan for the sale of a motor vehicle. (Ex. 1). Under this Contract, upon a default of any provision, plaintiff has the right to immediate possession of the vehicle. [Dumas Decl., ¶ 6, Ex. 1, ¶ 3d]. Defendant has defaulted in payment on the agreement. [Dumas Decl., ¶ 10]. Plaintiff is aware that defendant Shaumyan is no longer in possession of the vehicle, and that defendant Gad Auto Body Shop Inc. (Gad Auto) is currently in possession of the...

Excerpt: ...ESTED: Order to produce documents response to Plaintiff's Request for Production of Documents, Set One, Nos. 1, 3 and 10 FACTUAL BACKGROUND: Plaintiff Excelsior at the Americana at Brand Homeowners' Association (Excelsior HOA) alleges that it is a California mutual benefit non-profit corporation which is owned by and composed of its members and owners within the community known as The Excelsior at Americana (Excelsior). Plaintiff alleges that the...

Excerpt: ... Yes DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Exhibit 7 FACTUAL BACKGROUND: Plaintiff Jeronimo Mora alleges that in March of 2022 plaintiff leased a 2021 Jeep Gladiator for which defendant FCA US LLC issued a written warranty, by which defendant agreed to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. ...

Excerpt: ...ought CRC separate statement, etc.: Yes DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Exhibit 6 FACTUAL BACKGROUND: Plaintiffs Britney Whaling and Kevin B. Gipson allege that in February of 2020, plaintiffs purchased a 2018 Dodge Charger vehicle, for which defendant FCA US LLC issued a written warranty, by which defendant undertook to preserve or maintain the utility or performance of the vehicle or ...

Excerpt: ...CLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally. FACTUAL BACKGROUND: Yes, Exhibits D-F Plaintiffs Patrick Bleemers and Jennifer Bleemers allege that on May 7, 2019, they entered into a warranty contract with defendant General Motors regarding a 2019 Chevrolet Traverse vehicle. Plaintiffs allege that defects and nonconformities to warranty mamfested themselves within the express warranöy• period, including b...

Excerpt: ...h, and fifth causes of action of the complaint, and adjudication of the alter ego allegations of the complaint CAUSES OF ACTION: from Complaint 1) 2) 3) 4) 5) 6) 7) 8) 9) Negligence Per Se (Vehicle Code section 5753) Conversion Breach of Contract Fraud False Promise Restitution, Unjust Enrichment Breach of Implied Warranty of Fitness for a Particular Purpose Negligent Hiring, Retention and Supervision Negligence—Vicarious Liability SUMMARY OF F...

Excerpt: ...ation in continuing legal education, and/or referring this matter to disciplinary authorities. SUMMARY OF FACTS: Plaintiff Tracy Cui alleges that in September of 2020, plaintiff was operating a Snow Joe Electric 3-in-l Blower/Vacuum/Mulcher in a foreseeable manner while vacuuming up leaves in her yard, when, suddenly, her hair became sucked into hidden air intake valves, causing her hair to be ripped out of her scalp as she struck her head agains...

Excerpt: ...UMMARY OF FACTS: Plaintiff Sahak Khobiarian alleges that on December 23, 2020, on State Route 134, the Ventura Freeway on the 5 North ramp in Glendale, defendant Saba Jamalpanah was negligent in the operation of a motor vehicle, causing injuries and damages to plaintiff. The complaint alleges that plaintiffwas lawfully travelling westbound in lane number 5 ofthe SR-134, and came to a slow stop for traffic ahead and was then rear ended by defendan...

Excerpt: ...MMARY OF FACTS: Plaintiff Excelsior at the Americana at Brand Homeowners' Association (Excelsior HOA) alleges that it is a California mutual benefit non-profit corporation which is owned by and composed of its members and owners within the community known as The Excelsior at Americana (Excelsior). Plaintiff alleges that there are 100 owner members, and that defendant Paul Van Richter is the trustee of the Paul J. Abramson Trust, the owner of real...

Excerpt: ...ing this action to arbitration as bemveen plaintiff and defendant Viracon, Inc. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Pointe Assets, LLC, the successor in interest to Catalina Media Development, LLC ("CMD"), alleges that CMD owns real property in Burbank commonly referred to as "The Pointe," an office building and parking garage. Plaintiff alleges that in early 2006, plaintiff entered into an agreement mth Krismar Construction Co. concerni...

Excerpt: ...FACTUAL BACKGROUND Plaintiffs Sarmen Abolian and Talin Shahbazian, a married couple, allege that they are trustees of a family trust, and as trustees own real property on Dunsmere Road in Glendale. Defendant Suzanne Bloom, as trustee of Bloom Trust, owns property on Linda Vista Road in Glendale, which adjoins plaintiffs' property. The complaint alleges that in April of 2021, plaintiffs received a recorded survey which revealed a series of encroac...

Excerpt: ...aren Shamilyan negligently operated a motor vehicle, causing injuries and damages to plaintiff, and that the acts occurred on May 10, 2020. Plaintiff alleges that defendant Misak Shamilyan owned the subject motor vehicle which was used with defendant's permission and entrusted the motor vehicle. The FAC alleges that Emergency Rule 9, as amended, tolls the statute of limitations for commencing or initiating a civil cause of action from April 6, 20...

Excerpt: ...t through nventy-fifth affirmative defenses SUMMARY OF FACTS: Plaintiff Gewo Khachadoorian alleges that in March of 2020 plaintiff commenced a boyfriend girlfriend relationship with defendant Talin Mouradian, who was working at a drug and alcohol rehabilitation facility. Defendant Mouradian represented that she was an expert and well-informed on operating a rehabilitation business and suggested that they work together to establish such a business...

Excerpt: ... FACTS: Plaintiff Ruben Miranda-Trujillo alleges that in January of 2020 plaintiff purchased a 2019 Ford F -350 vehicle for which defendant Ford Motor Company issued a written warranöy•, by which Ford Motor Company agreed to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiff alleges that the warranty was not issued by the selling dealership, an...

Excerpt: ... OF FACTS: Plaintiff Shannon Conn alleges that in January of 2016, plaintiff entered into a Residential Purchase/Sale Agreement for the purchase of real property in Magalia, California, and that in February of 2016, the sellers agreed to make repairs to the subject property, including repairing the sinks and windows. Plaintiff was assured that no leaks were found in the master bathroom, but in April of 2016, shortly after plaintiff moved into the...

Excerpt: ...ion of Cross-Complaint Strike punitive damages CAUSES OF ACTION: from Cross-complaint 1) 2) 3) 4) 5) 6) Breach of Contract Misrepresentation and Concealment Fraud and Misrepresentation Negligence Breach of Express Warranty Recovety on License Bond SUMMARY OF FACTS: Plaintiff Constructure, Inc. alleges that in November of 2019, defendant POVAC Investments, Inc. dba Adept Building and Construction (POVAC) entered into a subcontract with plaintiff p...

Excerpt: ...n of Documents, Set Six ANALYSIS: Under CCP S 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 writings„.as well as any objection to the interrogatories, including one based on privilege or on the protection for work product..." Under subdivision (b), "The party propounding the interrogatories may move for an order compelling respon...

Excerpt: ... of 2019 plaintiff purchased a 2019 Jeep Compass vehicle, and express warranties accompanied the sale of the vehicle, by which defendant FCA US LLC undertook to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plamtiff alleges that the vehicle was delivered to plaintiffwith serious defects and nonconformities to warranty, including the vehicle's engine, e...

Excerpt: ... Motion Improper as Responses Served Plaintiff m opposition argues that the motion is improper because although defendant argues that plaintiff did not respond to defendants discovery, the motion itself actually attaches a copy of plaintiffs responses. The motion is curious, as it appears to seek responses to the requests for admissions (and does not seek an order deeming the requests for admissions admitted), and states that, "To date, Ms. Godja...

Excerpt: ...ng this action to arbitration as bemveen plaintiff and defendant Viracon, Inc. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Pointe Assets, LLC, the successor in interest to Catalina Media Development, LLC ("CMD"), alleges that CMD owns real property in Burbank commonly referred to as "The Pointe," an office building and parking garage. Plaintiff alleges that in early 2006, plaintiff entered into an agreement mth Krismar Construction Co. concernin...

Excerpt: ...is case arises out of the filing by the State Bar of California of a petition for assumption of jurisdiction over the unauthorized law practice of Nubia Esmeralda Burrier, pursuant to Business & Professions Code § 6126.3, based on the State Bar's conclusion that there is probable cause to believe that respondent is engaged in the unauthorized practice of law, and that the interests of a client, an interested person, or an entity will be prejudic...

Excerpt: ...dsor Road Condominiums Homeowners Association, Inc. filed this action alleging that defendant Jamie G. Perez owns a condominium unit in a complex in Glendale and is subject to recorded CC&Rs and statute regarding the subject unit, under the purview of the Association. The complaint alleges that defendant failed to pay assessments and related charges as required under the CC&Rs and statute, and that there is now due, owing, and unpaid to defendant...

Excerpt: ... incompetent individual, through his guardian ad litem, alleges that on May 6, 2019, while plaintiff was under the care, custody and control of defendant BHC Alhambra Hospital, Inc., an acute-care psychiatric hospital, defendant breached the applicable standard of care for safe custody of plaintiff when defendant and its agents failed to adequately supervise and protect plaintiff from harm while he was a resident at the Hospital. Plaintiff allege...

Excerpt: ...endant Olympus Corporation of Americas to produce documents improperly designated as privileged and withheld by defendant, to order the deposition witness to testify concerning the purported privileged topics, and to produce documents requested at deposition. MONETARY SANCTION: None sought FACTUAL BACKGROUND: Plaintiff Jason Steger alleges that in October of 2016, plaintiff was admitted to defendant CSJ Providence St. Joseph Medical Center with a...

Excerpt: ...s that in October of 2020, plaintiff entered into a warranty contract with defendant Nissan North America, Inc. regarding a 2020 Nissan Altima vehicle. Plaintiff alleges that defects and nonconformities to warranty manifested themselves within the applicable express warranty period, including engine, electrical, brakes, transmission, and interior, and that the nonconformities impair the use, value and/or safety of the vehicle. The complaint alleg...

Excerpt: ...ontract 2) Fraudulent Inducement 3) Unfair Business Practices SUMMARY OF FACTS: Plaintiff Kawai and Ruvi, Inc. alleges that in May of 2021, plaintiff entered into an agreement with defendant The Holy Spirit Association for the Unification of World Christianity titled License Agreement, which was essentially a lease agreement rebranded as a license agreement. Plaintiff alleges that pursuant to the agreement, defendant leased a portion of its prope...

Excerpt: ...that they are the owners of an easement for ingress and egress over the westerly ten feet of an adjoining lot, which is owned by defendant MTMD LLC. Plaintiffs allege that in August of 2022, defendant MTMD caused or permitted construction works on the MTMD property, including building a fence and preparing ground for concrete across the Daher easement, which unreasonably interferes with plaintiffs' use of the Daher easement by blocking the easeme...

Excerpt: ...s that in April of 2018 plaintiff purchased a new 2018 Hyundai Kona, and that express warranties accompanied the sale of the vehicle to plaintiff by which defendant Hyundai Motor America (Hyundai Motor) undertook to preserve or maintain the utility or performance of plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance. Plaintiff alleges that the vehicle was delivered to plaintiff with serious defect...

Excerpt: ...(Set One) from each plaintiff FACTUAL BACKGROUND Plaintiffs Neuro Diagnostic Center, Inc. and Shushanik Devine allege that they were in possession of premises in Glendale and that defendants A & D Fire Sprinklers, Inc. and National Community Renaissance of California, while conducting construction work installing a new fire sprinkler system and plumbing at property directly behind the subject premises, were negligent, causing a major water overfl...

Excerpt: ...t Americana La Crescenta, LLC, which owned, managed and operated the apartment complex and the subject property. Plaintiffs allege that the subject property has suffered from, and continues to suffer from, numerous problems, including inadequate hot water, noxious and repulsive odors, and defective plumbing, and that defendant has failed and refused to maintain the subject property, has refused to expend the necessary sums to maintain the subject...

Excerpt: ...ction of Documents, Set One, Nos. 5-7, 10, 11, 15, 16-17, 20, 23- 26, 28-29, 33, 37-39, 40, 41-80, and 82 MONETARY SANCTION: None sought CRC separate statement, etc.: Yes DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Exhibit K FACTUAL BACKGROUND: Plaintiff Eduardo Aguilar Ramirez alleges that in January of 2022 plaintiff acquired a new 2022 GMC Sierra Limited and received multiple express warranties ...

Excerpt: ...bitration SUMMARY OF FACTS: Plaintiff Mabel S. Vera alleges that in May of 2021 plaintiff leased a 2021 Infiniti QX50 vehicle from an authorized dealer and agent of defendant Nissan North America, Inc., the manufacturer of the vehicle, and that the subject vehicle was leased to plaintiff with express warranties that the vehicle would be free from defects in materials, nonconformities, or workmanship during the applicable warranty period and to th...

Excerpt: ...dly due on an account for the sum by which plaintiff alleges defendant Tatul Gagikyan has been unjustly enriched by virtue of receiving monetary or other benefit from plaintiff. On July 7, 2021, plaintiff filed a Request for Entry of Default of defendant, which was entered as requested the same date. On July 27, 2021, the court entered a judgment by the court by default based on plaintiff's written declaration in favor of plaintiff and against de...

Excerpt: ...n alleges that defendants Ana Airapetian and Tamara S. Chirkalina became indebted to plaintiff in the sums of money of $17,000 and $25,000 for plaintiff's services rendered and failed to repay the money by issuing a check in the amount of $17,000 from a closed account and refusing to pay the amount of $25,000 when requested. The file shows that on December 13, 2022, default was entered against moving defendant Anna Airapetian, based on proof of s...

Excerpt: ... PROCEDURAL BACKGROUND: Plaintiff Pointe Assets, LLC, the successor in interest to Catalina Media Development, LLC (CMD), alleges that CMD owns real property in Burbank, commonly referred to as “The Pointe,” an office building and parking garage. Plaintiff alleges that in early 2006, plaintiff entered into an agreement with Krismar Construction Co. concerning construction of the Pointe, which, in turn, for the benefit of CMD, entered into a s...

Excerpt: ...o plaintiff by which defendant Tesla, Inc. dba Tesla Motors, Inc. undertook to preserve or maintain the utility or performance of plaintiff's vehicle or to provide compensation if there was a failure in such utility or performance. Plaintiff alleges that the vehicle was delivered to plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty, including structural and electrica...

Excerpt: ...ng) 1) Violation of Subdivision (d) of Civil Code Section 1793.2 v. FCA 2) Violation of Subdivision (b) of Civil Code Section 1793.2 v. FCA 3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2 v. 4) Breach of Implied Warranty of Habitability v. FCA 5) Negligent Repair v. Dodge SUMMARY OF FACTS: Plaintiffs Tyler Lee and Sherillelyn Lee allege that in December of 2018, plaintiffs entered into a warranty contract with defendant FCA US, LL...

Excerpt: ...ners' Association (“Excelsior HOA”) alleges that it is a California mutual benefit non-profit corporation which is owned by and composed of its members and owners within the community known as The Excelsior at Americana (“Excelsior”). Plaintiff alleges that there are 100 owner members, and that defendant Paul Van Richter is the trustee of the Paul J. Abramson Trust, the owner of real property Unit 676 at Excelsior, and a member of Excelsi...

Excerpt: ...anctions against Sleiman Timani, who appeared as PMK from X3 AST Consulting, Inc. Order compelling the answer and production for inspection of documents described in deposition notice. FACTUAL BACKGROUND: Plaintiff CAC Motors dba ZR Investment (Plaintiff) brings this action against defendants X3 AST Consulting, Inc. (X3 AST Consulting), Sleiman A. Timani, and Marques Johnson, alleging that plaintiff is engaged in the automobile export business, a...

Excerpt: .... 2 and Supplemental Interrogatory, Set No. 1 Responses to Request for Production of Documents, Set Two Responses to Supplemental Request for Production of Documents and Other Tangible Things, Set No. 1 Order Deeming Requests for Admissions, Set One, Admitted CHRONOLOGY Date Discovery served: May 10, 2022, Oct. 29, 2022 Extensions of time to respond until: July 1, 2022, December 12 2022, without objections Date Responses served: NO RESPONSES SERV...

Excerpt: ...ARBITRATION AWARD Written arbitration agreement attached or included verbatim (§1285.4(a)): ok, Petition, Exhibit 4(b), para. 10 Arbitrator(s) name(s) (§1285.4(b)): Thomas M. Haskins (American Arbitration Association) Arbitration award and written opinion set forth (§1285.4(c)): Petition, Exhibit 8(c) Petition served and filed not earlier than 10 days after service of the award (§1288.4) and no more than 4 years (§1288) after signed copy of ...

Excerpt: ...zation in further response to Defendant's Request for Production of Documents, Set Three, No. 55, and a signed authorization with which to obtain sworn testimony from plaintiff's psychotherapist, Beverly Lockwood Conlan. FACTUAL BACKGROUND: Plaintiff Lisa Goodrich alleges that on June 19, 2017, while she was a passenger in a vehicle which was entering an intersection, defendant Guillermo Eduardo Padilla, Jr., driving a tractor-trailer, made an un...

Excerpt: ...ing all proceedings and discovery in this action pending resolution of defendants' motion to compel arbitration. SUMMARY OF FACTS: Plaintiff Khristopher Kobaian alleges that in March of 2018, plaintiff entered into a warranty contract with defendant Ford Motor Company regarding a 2018 Ford F-150 vehicle which was manufactured or distributed by defendant Ford Motor Company. Plaintiff alleges that the warranty contract contained various warranties,...

Excerpt: ...of an easement for ingress and egress over the westerly ten feet of an adjoining lot, which is owned by defendant MTMD LLC. Plaintiffs allege that in August of 2022, defendant MTMD caused or permitted construction works on the MTMD property, including building a fence and preparing ground for concrete across the Daher easement, which unreasonably interferes with plaintiffs' use of the Daher easement by blocking the easement, and preventing plaint...

Excerpt: ...ach of Contract 2) Breach of Implied Covenant of Good Faith and Fair Dealing 3) Intentional Interference with Contractual Relations 4) Negligence SUMMARY OF FACTS: Plaintiff Levet, Inc. alleges that it is a general contractor primarily engaged in the business of home improvement construction projects as well as construction of Accessory Dwelling Units (ADUs). Plaintiff alleges that prior to the commencement of this action, plaintiff and defendant...

Excerpt: ...N: from (Form) Complaint 1) Premises Liability 2) General Negligence SUMMARY OF FACTS: Plaintiff Razmik Boghossian alleges that on January 14, 2022, plaintiff was injured on a public sidewalk in La Canada Flintridge, which was owned, operated or controlled by defendants Turn Around Communications, Inc., Charter Communications, Inc., and the City of La Canada Flintridge. Plaintiff alleges he was injured when he was walking on the subject sidewalk ...

Excerpt: ...f Mark Ellensohn alleges that on June 9, 2015, plaintiff was traveling on Interstate 5 southbound approximately 100 feet north of Alameda Avenue in the City of Burbank, where a low hanging live and uncovered electrical wire was stretched across the freeway, hanging at such a height that it posed an unreasonable and foreseeable risk of contact by tall vehicles passing below. Plaintiff alleges that as he was approaching the site of the overhanging ...

Excerpt: ...efendant Olympus Corporation of Americas to produce documents improperly designated as privileged and withheld by defendant, to order the deposition witness to testify concerning the purported privileged topics, and to produce documents requested at deposition. MONETARY SANCTION: None sought FACTUAL BACKGROUND: Plaintiff Jason Steger alleges that in October of 2016, plaintiff was admitted to defendant CSJ Providence St. Joseph Medical Center with...

Excerpt: ...ed Complaint Strike punitive damages and attorney's fees CAUSES OF ACTION: from Second Amended Complaint 1) Member Derivative Action for Breach of Contract 2) Member Derivative Action for Breach of Fiduciary Duty 3) Breach of Fiduciary Duty 4) Aiding and Abetting Breach of Fiduciary Duty 5) Breach of Fiduciary Covenant of Good Faith and Fair Dealing Membership Interest Assignment Agreement 6) Breach of Implied Covenant of Good Faith and Fair Deal...

Excerpt: ... Amended Complaint (from body of pleading, not caption) 1) Dental Malpractice—Breach of Standard of Care 2) Dental Malpractice—Negligent Misrepresentation 3) Dental Malpractice—Failure to Properly Keep or Provide Medical Records 4) Breach of Oral Contract 5) Specific Performance SUMMARY OF FACTS: Plaintiff Stepan Tashchyan alleges that in May of 2019 plaintiff entered into an oral contract with defendants Martin Stepanyan, D.D.S. and Stepan...

Excerpt: ...d with defendant 1 Stop Home Remodel. The file shows that on August 6, 2019, plaintiff filed a Request for Entry of Default of defendant, which was entered as requested on August 8, 2019. On October 3, 2019, Judgment by the Court by Default based on plaintiff's written declaration was filed and signed by the court, awarding judgment for plaintiff and against defendant 1 Stop Home Remodeling, Inc. in the total sum of $54,295.39. On December 3, 202...

Excerpt: ...ly operated a motor vehicle, causing injuries and damages to plaintiff. The complaint alleges that defendant Misak Shamilyan owned the subject motor vehicle which was used with defendant's permission and entrusted the motor vehicle. The complaint alleges that the alleged negligent acts occurred on May 10, 2020. ANALYSIS: Defendants Karen Shamilyan and Misak Shamilyan argue that the single cause of action alleged in the complaint fails to state fa...

Excerpt: ...ndant Americana La Crescenta, LLC, which owned, managed and operated the apartment complex and the subject property. Plaintiffs allege that the subject property has suffered from, and continues to suffer from, numerous problems, including inadequate hot water, noxious and repulsive odors, and defective plumbing, and that defendant has failed and refused to maintain the subject property, has refused to expend the necessary sums to maintain the sub...

Excerpt: ...as traveling on Interstate 5 southbound approximately 100 feet north of Alameda Avenue in the City of Burbank, where a low hanging live and uncovered electrical wire was stretched across the freeway, hanging at such a height that it posed an unreasonable and foreseeable risk of contact by tall vehicles passing below. Plaintiff alleges that as he was approaching the site of the overhanging electrical wire, a tall truck ahead of plaintiff's vehicle...

Excerpt: ...dds allegation that the deed of trust was forged and seeks treble damages against defendant Athas pursuant to CCP section 749 for forging a deed of trust. RELEVANT FACTS: Plaintiff Filaip Patatanian alleges that since 2001, plaintiff has owned a unit of real property on Liberty Avenue in Glendale. Plaintiff alleges that in 2018, defendants Athas Capital Group, Armine Kalogeras, Crown Escrow Corporation, Rosalina Cisneros and certain Doe defendant...

Excerpt: ...ND: Plaintiff Domingo Covarrubias alleges that in July of 2020, plaintiff leased a 2020 Alfa Romeo Giulia vehicle. Plaintiff alleges that in connection with the purchase, plaintiff received an express written warranty from defendant FCA US LLC, pursuant to which defendant undertook to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiff alleges that...

Excerpt: ...curin, her brother, and the estates of her two sisters, defendant Estate of Adelaida L. Bacurin, and defendant Estate of Leonora L. Bacurin, alleging that real property in Glendale is now being held by defendant Luis Bacurin as the current, purported sole owner of record by means of an Affidavit of Death of Joint Tenant (Adelaida Bucurin), which was recorded in April of 2022. Plaintiff alleges that in April of 2008, plaintiff acquired an equal ow...

Excerpt: ...pt to resolve informally: Ok, Decl., paras. 24-32, Exs. 7-9 FACTUAL BACKGROUND: Plaintiff Lilia Benitez alleges that in November of 2021, plaintiff purchased a new 2021 Jeep Grand Cherokee vehicle. Plaintiff alleges that in connection with the purchase, plaintiff received an express written warranty from defendant FCA US LLC, pursuant to which defendant undertook to preserve or maintain the utility or performance of the vehicle or provide compens...

Excerpt: ... stipulation of the parties. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Bank of America, N.A. alleges that defendant Artin Shirvanian became indebted to plaintiff pursuant to defendant's use or authorization of use of a credit card account. Plaintiff alleges a cause of action for common counts, alleging that monthly periodic statements for the account were delivered to defendant and accepted without successful objection by defendant, and plaint...

Excerpt: ...tiff is the owner of real property in La Canada, and that plaintiff refinanced the original loan used to purchase the subject property when plaintiff borrowed funds from defendant BofI Federal Bank, with the promissory note regarding the loan secured by a deed of trust recorded on February 12, 2015. Plaintiff alleges that in 2018 defendant Axos Financial, Inc. announced it had re-branded BofI Federal Bank as Axos Bank. Defendant First American Ti...

Excerpt: ... preference FACTUAL BACKGROUND: Plaintiffs Richard Vartanian and Elvira Vartanian allege that they are an elderly couple and that in December of 2019 defendant Lazaros Georgiadis (Lazaros), on behalf of defendant Lending Star Capital, offered plaintiffs an attractive reverse mortgage on their real property located in Altadena. At the time plaintiffs were in active Chapter 13 bankruptcy due to the fact that the subject property was under foreclosu...

Excerpt: ...mpelling defendant to provide verification to responses to Request for Production of Documents, Set Four Further Responses to Special Interrogatories, Set Three Further Responses to Request for Production of Documents, Set Three FACTUAL BACKGROUND Plaintiff Gregory Tate alleges that he was injured when he was hired by defendants Clint Langford and Langford Installations as an independent contractor to finish a construction project involving placi...

Excerpt: ...ood Faith and Fair Dealing 3) Intentional Interference with Contract 4) Declaratory Relief SUMMARY OF FACTS: Plaintiff Shannon Conn alleges that in January of 2016, plaintiff entered into a Residential Purchase/Sale Agreement for the purchase of real property in Magalia, California, and that in February of 2016, the sellers agreed to make repairs to the subject property, including repairing the sinks and windows. Plaintiff was assured that no lea...

Excerpt: ...allege that plaintiffs at all relevant times have resided in an illegally built structure located at 12223 Wick Street in Sun Valley, Unit A, since February 2009 to the present, pursuant to a written lease agreement with the former landlord. Plaintiffs allege that defendant Karen Baca is the true owner of the subject property and unit, and that defendant Ana Moreno has acted as property manager since September of 2015. Plaintiffs allege that duri...

Excerpt: ... of Process 3) IIED 4) Unfair and Unlawful Business Practice 5) Breach of Implied Warranty of Habitability 6) Negligence 7) Nuisance 8) Breach of Warranty of Quiet Enjoyment 9) Malicious Prosecution 10) Assault SUMMARY OF FACTS: Plaintiffs Sandford Jones and Maribel Haro allege that in January of 2011, they entered into a lease for the rental of a unit of residential premises located in Burbank, and that shortly afterward plaintiff Haro had to se...

Excerpt: ...ators and against defendant Professional Builders, Inc. In the alternative, summary adjudication of each cause of action. CAUSES OF ACTION: from First Amended Complaint 1) Declaratory Relief 2) Declaratory Relief 3) Reimbursement 4) Reimbursement 5) Breach of Contract * *Cause of Action dismissed pursuant to order of court of appeal SUMMARY OF FACTS: Plaintiff Navigators Specialty Insurance Company (Navigators) alleges that it paid more than $1 m...

Excerpt: ...llege that they have resided in an illegally built structure located at 12223 Wick Street in Sun Valley, Unit B, since April 2012 to the present, pursuant to a written lease agreement with the former landlord. Plaintiffs allege that defendant Karen Baca is the true owner of the subject property and unit, and that defendant Ana Moreno has acted as property manager since September of 2015. Plaintiffs allege that during their tenancies at the unit a...

Excerpt: ...nt of Motor Vehicles (Stipulation for Waiver of Appearance) FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Mercedes-Benz Financial Services, USA LLC (Mercedes) alleges that it is the lienholder and legal owner of a 2018 Mercedes-Benz vehicle, and that plaintiff is informed and believes that defendant GAD Auto Body Shop, Inc. (GAD), an automotive repair shop, came into possession of the vehicle in January of 2021, and that in March of 2021, plaintif...

Excerpt: ...ITRATION AWARD Written arbitration agreement attached or included verbatim (§1285.4(a)): ok, Petition, Exhibit 4(b), para. 10 Arbitrator(s) name(s) (§1285.4(b)): Thomas M. Haskins (American Arbitration Association) Arbitration award and written opinion set forth (§1285.4(c)): Petition, Exhibit 8(c) Petition served and filed not earlier than 10 days after service of the award (§1288.4) and no more than 4 years (§1288) after signed copy of awa...

Excerpt: ...ch of Implied Covenant of Good Faith and Fair Dealing 3) Breach of Fiduciary Duty 4) Fraud and Deceit 5) Unjust Enrichment 6) Negligent Misrepresentation 7) Open Book 8) Account Stated 9) Quantum Meruit SUMMARY OF FACTS: Plaintiff Raffi Tarakjian alleges that in 2016, plaintiff met defendant George Assali, who represented to plaintiff that he was a licensed real estate agent, had been doing property flips for over twenty years, had never lost mon...

Excerpt: ...er reasonable attorneys' fees in the amount of $4,050.00 SUMMARY OF FACTS: This matter was filed as a petition for order releasing property from claim of mechanic's lien, in which petitioner Andre Setian alleges that petitioner is the owner of real property in Glendale, and respondent Athlon Pool Company, Inc. is a licensed contractor which claims to have contributed pool construction, materials, and labor to the subject property. The petition al...

Excerpt: ... Loraine Homeowner's Association, Inc. alleges that it is a non-profit mutual benefit corporation which operates and manages a condominium development, 350 Loraine Condominiums, in Los Angeles County, which consists of sixteen condominium units, with the owner of each being a member of the Association, and also having a 1/16th interest in the Association's Common Areas. Plaintiff alleges that defendant Avanes Hovsepian is the sole owner of record...

Excerpt: ... Order to Show Cause Re: Why Monetary Sanctions in the Sum of $900 Should Not Be Imposed on Plaintiff's Counsel Pavel Kouprine for His Failure to Bring the Extension on the Motion to Compel Filed on 09/26/2022 to the Court's Attention CHRONOLOGY: Date Discovery served: June 24, 2022, personal Date Responses served: July 25, 2022, email Date Motion served: September 26, 2022 FACTUAL BACKGROUND: Plaintiff CAC Motors dba ZR Investment (Plaintiff) br...

Excerpt: ...UND: Plaintiff Holly Marie Washburn alleges that in June of 2016, plaintiff purchased a new 2016 Ram 2500 vehicle. Plaintiff alleges that in connection with the purchase, plaintiff received an express written warranty from defendant FCA US LLC, pursuant to which defendant undertook to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiff alleges that...

Excerpt: ... 1, 2, 8, 13 and 19 FACTUAL BACKGROUND: Plaintiff Hamed Golshan alleges that defendant Mike Kamali was a fifty percent shareholder of a business entity known as Saint Glen, Inc., which operates a restaurant known as Panini Grill in Los Angeles County (the “Company”), and in September of 2019 entered into a Stock Purchase Agreement wherein defendant agreed to sell his entire fifty percent interest to plaintiff for the sum of $750,000.00. The s...

Excerpt: ....00 against plaintiff and its attorneys of record SUMMARY OF FACTS: Plaintiff A Cut Above Building & Development Inc. (A Cut Above) alleges that in August of 2018 plaintiff commenced construction work at property in Monrovia, title of which is held by the Rachelle K. Stull 2014 Revocable Trust, of which defendant Rachelle K. Stull is the trustee. Plaintiff alleges that the subject property was originally purchased at the request of Stull by Micha...

Excerpt: ...ses of action of Second Amended Cross-Complaint CAUSES OF ACTION: from Second Amended Cross-Complaint 1) Fraud and Intentional Deceit 2) Negligent Misrepresentation 3) Breach of Written Contract 4) Breach of Covenant of Good Faith and Fair Dealing 5) Declaratory Relief 6) Quiet Title SUMMARY OF FACTS: Plaintiffs Armine Harutyunyan and Vadim Harutyunov allege that defendant Alen Bejanyan is the purported owner of property and a residence located o...

Excerpt: ...LLP from encumbering, assigning or disposing of funds which would be typically transferred from the LLP to Sands. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Raffi Mesrobian brought this complaint for unlawful detainer against defendant Eugene P. Sands, alleging that defendant agreed to rent residential premises in La Canada Flintridge pursuant to a written agreement for a month-to-month tenancy. The complaint alleges that defendant was served w...

Excerpt: ...ngaged in the business of home improvement construction projects as well as construction of Accessory Dwelling Units (ADUs). Plaintiff alleges that prior to the commencement of this action, plaintiff and defendant Amir Kacem entered into numerous agreements pursuant to which defendant was to perform architectural, design and planning work on several of plaintiff's residential projects in the area, in exchange for compensation in accordance with t...

Excerpt: ...udgment pursuant to the terms of the settlement agreement against defendant SUMMARY OF FACTS: Plaintiff National Collegiate Student Loan Trust 2007-4 filed this action alleging that defendant Theodore A. Sloan entered into a written contract with plaintiff's assignor, Charter One Bank, N.A., pursuant to which plaintiff's assignor loaned money to defendant for the financing of education expenses. The complaint alleges that defendant has breached t...

Excerpt: ...ents as agreed. MONETARY SANCTION: No Sanctions Sought DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes FACTUAL BACKGROUND: Plaintiffs John B. Jung and Ellen L. Jung, as trustees of a family trust, allege that plaintiffs and defendant Michael Yusuf, trustee of the Yusuf trust, are co-owners of real property and improvements located on East Orange Grove in Glendale. The complaint alleges that in September...

Excerpt: ...g & Development Inc. (A Cut Above) alleges that in August of 2018 plaintiff commenced construction work at property in Monrovia, title of which is held by the Rachelle K. Stull 2014 Revocable Trust, of which defendant Rachelle K. Stull is the trustee. Plaintiff alleges that the subject property was originally purchased at the request of Stull by Michael Scott Dowell and Julia L. Dowell, who are husband and wife, and are the beneficiaries of a dee...

Excerpt: ...ith and Fair Dealing 3) Intentional Interference with Contract 4) Declaratory Relief SUMMARY OF FACTS: Plaintiff Shannon Conn alleges that in January of 2016, plaintiff entered into a Residential Purchase/Sale Agreement for the purchase of real property in Magalia, California, and that in February of 2016, the sellers agreed to make repairs to the subject property, including repairing the sinks and windows. Plaintiff was assured that no leaks wer...

Excerpt: ... Second Amended Complaint Strike general damages, punitive damages CAUSES OF ACTION: from Second Amended Complaint 1) Elder Abuse/Neglect 2) Wrongful Death 3) Statutory Violations/Breach of Resident Rights 4) NIED SUMMARY OF FACTS: Plaintiffs Loris Yadegarian and Gilda Yadegarian bring this action individually and as the surviving heirs of their father, decedent John Yadegarian, alleging that decedent suffered from Parkinson's disease and dementi...

Excerpt: ... Amended Complaint CAUSES OF ACTION: from Second Amended Complaint 1) Harassment 2) Threats of Illegal Eviction 3) Extortion 4) IIED SUMMARY OF FACTS: Plaintiff Lucinda Sky alleges that plaintiff and her 16-year-old son have been residing at a condominium unit and that Armen Arutyunyan, their landlord, is also a defendant in a separate personal injury suit brought by plaintiff. The SAC alleges that starting in September of 2019, when plaintiff mo...

Excerpt: ...ry Duty SUMMARY OF FACTS: Plaintiff Teresa Fagiani alleges she is the spouse of Gabriel Fagiani, who is the co-owner of a single-family dwelling in Glendale, to which title was taken in July of 1993 by Gabriel Fagiani in his own name, with plaintiff's father-in-law and mother-in-law, defendants Frederick Fagiani and Valeria Fagiani, as joint tenants. Plaintiff alleges that the property was acquired by Gabriel as his family home with plaintiff, bu...

Excerpt: ...an accounting detailing and documenting all income and expenses covering January 1, 2015 through current SUMMARY OF FACTS: Plaintiffs John B. Jung and Ellen L. Jung, as trustees of a family trust, allege that plaintiffs and defendant Michael Yusuf, trustee of the Yusuf trust, are co-owners of real property and improvements located on East Orange Grove in Glendale. The complaint alleges that in September of 2015, all interested parties executed a ...

Excerpt: ...t plaintiff on her entire operative Second Amended Complaint In the alternative, summary adjudication of plaintiff's fourth, fifth and/or sixth causes of action CAUSES OF ACTION: from Second Amended Complaint 1) Sexual Battery v. Flores 2) IIED v. Flores 3) Assault v. Flores 4) Public Entity Liability v. ELAC, LACCD 5) Title IX Violations v. ELAC, LACCD 6) 42 USC section 1983; Civil Rights Violations v. ELAC, LACCD SUMMARY OF FACTS: Plaintiff Zai...

Excerpt: ...ark Ellensohn alleges that on June 9, 2015, plaintiff was traveling on Interstate 5 southbound approximately 100 feet north of Alameda Avenue in the City of Burbank, where a low hanging live and uncovered electrical wire was stretched across the freeway, hanging at such a height that it posed an unreasonable and foreseeable risk of contact by tall vehicles passing below. Plaintiff alleges that as he was approaching the site of the overhanging ele...

Excerpt: ...the agreement by intentionally misrepresenting the nature of certain investments and has refused to repay funds due. The First Amended Complaint alleges causes of action for breach of contract, common counts, and fraud. The file shows that on February 2, 2020, defendant filed an answer to the complaint. On November 17, 2021, plaintiff filed a First Amended Complaint. On December 16, 2021, defendant filed an Amended Answer to Amended Complaint. Th...