Excerpt: ..., 2023 Date Responses served: NO RESPONSES SERVED Date Motion served: October 5, 2023 Timely OPPOSITION: No opposition ANALYSIS: Under CCP § 2033.280, a party who fails to serve a timely response to requests for admissions “waives any objection to the requests.” In addition, the requesting party may move for an order that “the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction....” CCP S...

Excerpt: ...nd Substitute Plaintiff Jason Steger Responding Party: Motion for Reconsideration Defendant Olympus America Inc. Defendants John A. Kasher, M.D. and James Kao, M.D. Motions to Dismiss Plaintiff Jason Steger Motion to Augment and Substitute Defendant Olympus America, Inc. “Joinder” filed by Defendants John A. Kasher, M.D. and James Kao, M.D. RELIEF REQUESTED: Motion for Reconsideration Order reconsidering in part, the Court's minute order date...

Excerpt: ...laintiff Goldman Sachs Bank USA and against defendant Viktoryia Antashkevich. In the alternative, summary adjudication in favor of plaintiff on the first cause of action for open book account. CAUSES OF ACTION: from (Form) Complaint 1) Common Counts Open Book Account Account Stated Money Lent Money Paid, Laid Out and Expended at Defendant's Special Instance and Request Other SUMMARY OF FACTS: Plaintiff Goldman Sachs Bank USA alleges that within t...

Excerpt: ...ntract stemming from alleged false claim made to plaintiff's bonding company request for punitive damages CAUSES OF ACTION: from (Form) Complaint 1) Breach of Contract 2) Fraud 3) General Negligence SUMMARY OF FACTS: Plaintiff HR General Construction, Inc. (HR General Construction) alleges that in December of 2021 plaintiff entered into a written contract with defendants Scott Sakamoto and Jamie Sakamoto, and that defendants breached the agreemen...

Excerpt: ...es to Request for Documents Further Responses to Requests for Admissions, Nos. 6-8, 12-17, 19-24 and 35-37. 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 $152,244.49. The complaint alleges causes of action for open book account, account state...

Excerpt: ...ta alleges that in January of 2022, plaintiff purchased a 2022 Kia Telluride vehicle manufactured by defendant Kia America, Inc. (Kia) and in connection with the purchase of the vehicle plaintiff received an express written warranty in which defendant undertook to maintain the utility or performance of the vehicle or to provide compensation if there was a failure in utility or performance for a specified period of time. After plaintiff took posse...

Excerpt: ...tiffs 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 during their tenancie...

Excerpt: ...ion 3) Negligent Misrepresentation 4) Quantum Meruit SUMMARY OF FACTS: Plaintiff A&T Advisors dba Anchor Bookkeeping (Anchor Bookkeeping) alleges that in October of 2022, plaintiff and defendant Cahit Soykat dba Roma Pizza (Soykat) entered into an Agreement for Limited Consulting Services whereby plaintiff agreed to assist, advise, consult, prepare and help defendant to apply for and become eligible for the Employee Retention Credit (ERC) program...

Excerpt: ...om Cross-Complaint 1) Express Indemnity 2) Implied Indemnity 3) Contribution 4) Declaratory Relief SUMMARY OF FACTS: Plaintiff Julieta Paez has filed this action alleging that in February of 2021, plaintiff walked into a commercial building located on private property on Brand Boulevard owned, operated, maintained, and controlled by defendants Alta Construction and UBS Realty Investors LLC. Plaintiff alleges that while moving into the facility on...

Excerpt: ...from First Amended Complaint 1) Breach of Implied Warranty of Habitability 2) Breach of Implied Warranty of Habitability 3) Negligent Premises Liability 4) Nuisance 5) IIED 6) Breach of Contract 7) Breach of Covenant of Quiet Enjoyment 8) Breach of the Covenant of Good Faith and Fair Dealing 9) Fraud/Deceit/Intentional Misrepresentation of Fact 10) Negligent Misrepresentation SUMMARY OF FACTS: Plaintiff Rebecca Garcia alleges that in October of 2...

Excerpt: ...ave 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 and defendants' ow...

Excerpt: ...tative of the Estate of Jim Cox. SUMMARY OF FACTS: The complaint alleges that Ivy Fung, the mother of plaintiff Kurt Takashi Ando, created a Revocable Trust in 2016. Ivy Fung was the Trustee, with successor Trustees being plaintiff and/or Marie Bernardini. The Trust was created by Ivy Fung after she was diagnosed with terminal illness, and was revocable until her death, after which the Trust became irrevocable and all Trust property was to be han...

Excerpt: ...e Martello, M.D. In the alternative, summary adjudication in favor of each moving defendant 75/80 Day Lapse: Yes Separate Statements: Yes Causes of Action from Complaint 1) Medical Malpractice SUMMARY OF COMPLAINT: Plaintiff John Peter Robinson alleges that on June 25, 2020, plaintiff presented to defendant Urgent Med dba Glendale Urgent Care (Glendale Urgent Care) with a chief complaint of lacerations to the right hand secondary to a dog bite in...

Excerpt: ...gust of 2021 plaintiff leased a new 2021 BMW M5 vehicle from Pacific BMW in Glendale, and that the subject vehicle was delivered to plaintiff with serious defects and nonconformities to warranty, including transmission issues, center console screen issues, and repeat driver seat motor defects. Plaintiff alleges that plaintiff presented the vehicle on numerous occasions to defendant BMW of North America, LLC's authorized repair facilities for repa...

Excerpt: ...at in March of 2022 plaintiff entered into a warranty contract with Kia America, Inc. regarding a 2018 Kia Nero. Plaintiff alleges that under the Song-Beverly Act, defendant had an affirmative duty to promptly offer to repurchase or replace the vehicle at the time defendant failed to conform the vehicle to the terms of the express warranty after a reasonable number of attempts. Plaintiff alleges that defects and nonconformities to warranty manife...

Excerpt: ...tiff Jason Steger Motion to Augment and Substitute Defendant Olympus America, Inc. “Joinder” filed by Defendants John A. Kasher, M.D. and James Kao, M.D. RELIEF REQUESTED: Motions to Dismiss Order dismissing action pursuant to CCP sections 583.310 and 583.360. Motion to Augment and Substitute Order permitting plaintiff to augment and substitute list of designated experts and extend date to complete expert deposition of Dr. Tawhid Gazi pending...

Excerpt: ...tories (Set One), Interrogatories Nos. 1, 4, and 19, 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, w...

Excerpt: ... and issue a case management order 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 with Krismar Construction Co. concerning construction of the Pointe, which, in ...

Excerpt: .... 85. FACTUAL BACKGROUND: Plaintiff Nate Beltran alleges that while he was a resident or patient with defendant BHC Alhambra Hospital, Inc. (BHC Alhambra), he was a dependent adult. Plaintiff alleges that in September of 2021, plaintiff was brutally attacked by another patient while admitted at BHC Alhambra, when, while plaintiff was sound asleep in his hospital bed, another patient started punching and choking plaintiff. Plaintiff rolled out of ...

Excerpt: ...stitute list of designated experts and extend date to complete expert deposition of Dr. Tawhid Gazi pending this application and de-designation of Dr. Tawhid Gazi FACTUAL and PROCEDURAL BACKGROUND: Plaintiff Jason Steger alleges that in October of 2016, plaintiff was admitted to defendant CSJ Providence St. Joseph Medical Center with abdominal pain, and that defendants, various medical providers, negligently performed a colonoscopy procedure on p...

Excerpt: ...AUSES OF ACTION: from Complaint 1) Violation of the California Homeowners Bill of Rights 2) Wrongful Foreclosure 3) Promissory Estoppel 4) Injunctive Relief * *Cause of action dismissed pursuant to a Request for Dismissal with prejudice filed by plaintiff on 07/31/2023 and entered as requested the same date. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Ayman M. Salem alleges that plaintiff is the owner of real property in La Canada, and that plai...

Excerpt: ...aintiff Goldman Sachs Bank USA and against defendant Viktoryia Antashkevich. In the alternative, summary adjudication in favor of plaintiff on the first cause of action for open book account. CAUSES OF ACTION: from (Form) Complaint 1) Common Counts Open Book Account Account Stated Money Lent Money Paid, Laid Out and Expended at Defendant's Special Instance and Request Other SUMMARY OF FACTS: Plaintiff Goldman Sachs Bank USA alleges that within th...

Excerpt: ... not take place. SUMMARY OF FACTS: Plaintiff GPR Properties, LLC alleges that in June of 2014, it leased a storage space it owns in Glendale to defendants Shiraz Rental, Inc. (Shiraz Rental), Goorgen Mirzakhanian, and Soren Shabazian for five years. In 2019, plaintiff and defendants signed a new Lease for another five-year period for the premises. Plaintiff alleges that the individual defendants signed the Lease, and plaintiff believes they signe...

Excerpt: ... ACTION: from Third Amended Complaint 1) Medical Malpractice/Wrongful Death 2) Medical Malpractice/Negligence/Survival Action 3) Elder Neglect SUMMARY OF FACTS: Plaintiff Victor Tsai, the surviving spouse of decedent Mimi Kuo, and plaintiffs Alice Tsai and Rose Tsai, the surviving children of decedent, allege that from May through June of 2018, decedent received treatment at different defendants' health care facilities, and that defendants, and t...

Excerpt: ...t for Production of Documents, Set One CHRONOLOGY Date Discovery served: April 19, 2023 Extensions to Respond to: July 27, 2023 (Ex. F) Date Responses served: NO RESPONSES SERVED Date Motion served: August 17, 2023 Timely OPPOSITION: No opposition. ANALYSIS: Under CCP § 2030.290, “If a party to whom interrogatories are directed fails to serve a timely response,” that party “waives any legal right to exercise the option to produce writings....