Excerpt: ...murrer to Second Amended Complaint Strike punitive damages, attorney fees CAUSES OF ACTION: from Second Amended Complaint 1) Fraud—Intentional Misrepresentation 2) Fraud—Concealment 3) Negligence 4) Quiet Title 5) Declaratory Relief SUMMARY OF 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, Arm...

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: ...sa Goodrich's response to and compliance with Defendants' demand for supplemental physical examinations and deposition 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 unsafe left-hand turn, causing a massive collision, which totaled the vehicle where plaintiff was a pass...

Excerpt: ...ts) Responding Party: Defendants/Cross Complainants Westco Petroleum Distributors Inc. and Westco Petroleum Inc. (Fees) Defendant/Cross-Complainant Kamal A. Bilal (Fees) Plaintiff 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 $451.30 incurred in connection with the appea...

Excerpt: ...tiff's First Amended Complaint, and plaintiff's claim for punitive damage. CAUSES OF ACTION: from First Amended Complaint 1) Premises Liability 2) Negligence 3) Private Nuisance 4) Concealment 5) Breach of Implied Warranty of Habitability 6) Fraudulent Misrepresentation 7) IIED 8) Theft by False Pretense* 9) Breach of Contract *Demurrer by defendant Noho Commons and Polaris Property Management sustained without leave to amend on 11/05/22 SUMMARY ...

Excerpt: ...ARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Exs. B, C FACTUAL BACKGROUND: Plaintiff CAC Motors dba ZR Investment 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, and entered into a business relationship with defendant X3 AST Consulting pursuant to which plaint...

Excerpt: ... OF ACTION: from Second Amended Complaint 1) Elder Abuse and Neglect 2) Wrongful Death 3) Medical Malpractice 4) Violation of Resident's Bill of Rights SUMMARY OF FACTS: Plaintiff Margaret Shu, individually and as successor in interest to decedent Itzu Po, Shu's parent, alleges that plaintiffs' decedent was approximately 80 years old, and at all relevant times an elder, when she was sent from Kaiser to defendant San Gabriel Valley Medical Center ...

Excerpt: ...o the Estate of Cassandra Ivette Ventura (No Opposition) Relief Requested: Summary judgment in favor of defendant Farough Kerendi, M.D. CAUSES OF ACTION from Third Amended Complaint 1) Medical Malpractice—Wrongful Death v. Pacifica Defendants 2) Medical Malpractice—Wrongful Death (Survival Action) v. Pacifica Defendants 3) Medical Malpractice—Wrongful Death v. Kaiser Defendants 4) Medical Malpractice—Wrongful Death (Survival Action) v. Ka...

Excerpt: ...endant Paul Van Richter (Preliminary Injunction) Plaintiff Excelsior at the Americana at Brand Homeowners' Association (Demurrer and Special Motion to Strike) RELIEF REQUESTED: Preliminary Injunction Preliminary injunction Demurrer Sustain demurrer to Verified Complaint Special Motion to Strike Strike third and fourth causes of action of Verified Complaint CAUSES OF ACTION: From Complaint 1) Breach of Governing Documents—Civil Code 5975 2) Inju...

Excerpt: ...Motion to Strike Sustain demurrer to first cause of action of Fourth Amended Complaint Strike punitive damages Motion to Quash Quash service of summons and dismiss defendant Michael Gibson from this action CAUSES OF ACTION: from Fourth Amended Complaint 1) Dangerous Condition of Public Property (Negligence/Gross Negligence) 2) General Negligence and Gross Negligence as to Defendant HHS 3) Premises Liability 4) Motor Vehicle SUMMARY OF FACTS: Plai...

Excerpt: ...nlawful detainer action brought by plaintiff Ricardo Canales alleging that he is the landlord of premises in Glendale, and that defendant Ideal Kitchen Supply, Inc. entered into a written agreement with plaintiff to rent the premises for a fixed term, was served with a 3-day notice to pay rent or quit and failed to comply with the requirements of the notice by the required date. On May 28, 2019, the matter was called for a jury trial, final statu...

Excerpt: ...c. dba Carrows Restaurant (No Opposition to Travelers' Motion) RELIEF REQUESTED: Mercury Insurance Motion Order granting summary judgment in favor of cross-defendant Mercury Insurance Company In the alternative summary adjudication for each cause of action, and/or claim for punitive damages. Travelers Property Casualty Company Motion Summary judgment against defendant/cross-complainant OM ABS, Inc. dba Carrows Restaurant. In the alternative, summ...

Excerpt: ...ition) Cross-complainant Pure Safety Group, Inc. dba Guardian Fall (No Opposition) RELIEF REQUESTED: Determination that settlements described below were made in good faith Order dismissing as against Hagopian and Icon Investments, LLC the cross-complaint of Pure Safety Group, Inc. dba Guardian Fall SUMMARY OF FACTS: Plaintiffs Erika Rodriguez, individually, and as conservator of the estate of Jose Angel Delgado-Gonzalez, allege that in August of ...

Excerpt: ...s the assignee of a written Lease Agreement with defendants Elite Trans World, Inc. and Vahan Margaryan, for the lease of a motor vehicle. [Ex. 1]. Under the Agreement, upon a default, plaintiff has the right to take possession of the vehicle. [Ex. 1 ¶ 23]. Defendant has defaulted in payment on the agreement. [Decl. ¶ 6]. Plaintiff has made demand for surrender and is entitled to return of the vehicle. [Decl. ¶ ¶12, 13, 15]. If based on writt...

Excerpt: ... Motion to Compel Further Responses to Form Interrogatories, Set One Motion for Sanctions Issue sanctions FACTUAL BACKGROUND Plaintiff Dennis P. Block, individually and dba as Dennis Block and Associates, as well as his associate attorneys plaintiffs Paul Eric Gold and Hasti Rahsepar , and his office manager, plaintiff Azam Riesen, allege that plaintiff Block is regarded as one of the pre-eminent attorneys handling landlord-tenant matters, and th...

Excerpt: ...and their minor children, Hovik Palamutian and K. Palamutian, allege that during their tenancy in a unit of leased premises which were negligently and improperly maintained by defendants, the premises became uninhabitable due to housing conditions including, but not limited to, bedbug infestation on the premises and in the subject unit. Plaintiffs allege that although defendants had actual notice and knowledge of the untenantable conditions, defe...

Excerpt: ...ts SUMMARY OF FACTS: Plaintiffs Akop Sogomonyan and Tsovinar Sogomonyan bring this action for malicious prosecution, alleging that their neighbors, defendants Anait Orudzhyan and Hamazasp Kiramijyan filed a previous action against plaintiffs, in which they were represented by defendant Karapet Zakaryan, who was employed by defendant KAASS PC, which was overseen and directed by its principal, defendant Armen Kiramijyan, Esq., the son of defendants...

Excerpt: ... NO RESPONSES SERVED Date Motion served: July 28, 2022 Timely OPPOSITION: No opposition ANALYSIS: Plaintiff Dennis P. Block seeks to compel defendant Daniel Bramzon to respond to interrogatories which were propounded to defendant pursuant to CCP section 708.020, which permits written interrogatories to be propounded to a “judgment debtor.” Such interrogatories are permitted which request “information to aid in enforcement of the money judgm...

Excerpt: ...hew Perez bring this action for declaratory relief against plaintiff Jennifer Perez's mother, defendant Eveline J. Siracuse, trustee of the Eveline J. Siracuse 2003 Trust. Plaintiffs allege that they have resided at real property on Santa Barbara Avenue in Glendale, and that in May of 2019, defendant filed a complaint for partition of the subject property against plaintiffs as defendants, which defendant Siracuse voluntarily dismissed shortly bef...

Excerpt: ...essions Code section 17200 et seq. 5) Negligence 6) Breach of Contract 7) Constructive Eviction 8) Violation of LARSO 9) Civil Code 1950.5 SUMMARY OF FACTS: Plaintiff Ahmed Dehal alleges that plaintiff is a tenant of residential property in Glendale which plaintiff took possession of by a written lease. Plaintiff alleges that defendant Suzanna Abovyan, and un-named Avetik Karapetyan, is the legal owner of the subject property, and at all material...

Excerpt: ...ach of Contract v. USB and Dixieline 3) Breach of Contract v. Dixieline 4) Breach of Contract v. USB, Dixieline 5) Breach of Contract v. Dixieline, Pro Build 6) Unfair Business Practices v. All Defendants* *Request for Dismissal with prejudice of this cause of action only filed and Dismissal entered as requested 08/29/2022 SUMMARY OF FACTS: The complaint which is the subject of these demurrers was consolidated with this case, the lead case, in wh...

Excerpt: ...int for negligence per se CAUSES OF ACTION FROM THE Complaint 1) Negligence Per Se (Vehicle Code section 5753) 2) Conversion 3) Breach of Contract 4) Fraud 5) False Promise 6) Restitution, Unjust Enrichment 7) Breach of Implied Warranty of Fitness for a Particular Purpose 8) Negligent Hiring, Retention and Supervision 9) Negligence—Vicarious Liability SUMMARY OF FACTS: Plaintiff CAC Motors dba ZR Investment brings this action against defendants...

Excerpt: ...ve Fraudulent Transfer 5) Constructive Fraudulent Transfer 6) Actual Fraudulent Transfer 7) Constructive Fraudulent Transfer 8) Constructive Fraudulent Transfer 9) Constructive Fraudulent Transfer 10) Actual Fraudulent Transfer SUMMARY OF FACTS: Plaintiff Cathay Bank alleges that in June of 2021 it entered into a business loan agreement with Borrower Cherry Man Industries, along with a promissory note, and in August of 2016 entered into a term lo...

Excerpt: ...2, pers. within 30 days?: No Meet and Confer? Yes RELIEF REQUESTED: Sustain demurrer to complaint Strike prayers for general and special damages. CAUSES OF ACTION: from Complaint 1) Intentional Trespass to Real Property 2) Negligent Trespass to Real Property 3) Quiet Title 4) Declaratory Relief 5) Nuisance SUMMARY OF FACTS: Plaintiffs Sarmen Abolian and Talin Shahbazian, a married couple, allege that they are trustees of a family trust, and as tr...

Excerpt: ...rit of possession FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Broadway Vestalia, LLC brings this complaint for unlawful detainer, alleging that plaintiff is the owner of premises in Glendale, and that in October of 2020, defendants Rimond Asadoryan and Lernik Khajehsari agreed pursuant to a written agreement with plaintiff's agent to pay monthly rent for the residential property. The complaint alleges that the tenancy was terminated pursuant to ...

Excerpt: ...lawful detainer. Causes of Action from Complaint 1) Unlawful Detainer 2) Unlawful Detainer SUMMARY OF COMPLAINT: This is an unlawful detainer action brought by plaintiff Glendale I Mall Associates, LP, alleging that it is the landlord under a lease of certain real commercial property which is part of the Glendale Galleria. The complaint alleges that in October of 2017, plaintiff conveyed to tenant, defendant Golden Canyon, Inc. doing business as ...

Excerpt: ...f and against defendants Artak Daldumyan, an individual, Goar Nersesyan, an individual, and World Financial Group, Inc., a California corporation In the alternative, summary adjudication of each cause of action. CAUSES OF ACTION: from Complaint 1) Breach of Contract 2) Breach of the Covenant of Good Faith and Fair Dealing SUMMARY OF FACTS: Plaintiff S & N Properties alleges that it is a real estate limited partnership, and that in October 2018 it...

Excerpt: ...tion served: July 12, 2022 Timely 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 Section 2033.280(b). The code specifies that “The court shall make this order, unle...

Excerpt: ...payment for services performed by unlicensed subcontractors on the construction project at issue herein 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 proper...

Excerpt: ...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 Zaida...

Excerpt: ...t for Admissions, and Third Set of Requests for Production of Documents. SUMMARY OF FACTS: Plaintiff Prapai Benjauthrit brings this action against her brother, defendant Boonsieng Benjauthrit, alleging that the parties took title to properties in Glendale in 1977 as joint tenants, with one of the subject properties to be the principal place of residence of plaintiff. Plaintiff alleges that defendant wrongfully induced plaintiff to sign away her i...

Excerpt: ...hat 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 electrical wire, a tall tr...

Excerpt: ...aintiff UHG I LLC brings this action to collect a sum allegedly due on a credit account. Plaintiff alleges that it is the successor in interest to the original creditor, WebBank, and that plaintiff is a debt buyer, the sole owner of the debt at issue, which purchased the debt after charge-off. Plaintiff alleges that the charge-off creditor at the time of charge-off is Upgrade, Inc., and the name of the debtor as it appeared in the charge-off cred...

Excerpt: ...ff UHG I LLC brings this action to collect a sum allegedly due on a credit account. Plaintiff alleges that it is the successor in interest to the original creditor, WebBank, and that plaintiff is a debt buyer, the sole owner of the debt at issue, which purchased the debt after charge-off. Plaintiff alleges that the charge-off creditor at the time of charge-off is Upgrade, Inc., and the name of the debtor as it appeared in the charge-off creditor'...

Excerpt: ...ligence v. All Defendants 2) Breach of Contract v. USB and Dixieline 3) Breach of Contract v. Dixieline 4) Breach of Contract v. USB, Dixieline 5) Breach of Contract v. Dixieline, Pro Build 6) Unfair Business Practices v. All Defendants SUMMARY OF FACTS: The complaint which is the subject of this demurrer and motion to strike was consolidated with this case, the lead case, in which plaintiff King Cobra Construction, P.C. (“King Cobra”) allege...

Excerpt: ... ACTION: from First Amended Complaint 1) Elder Abuse and Neglect 2) Wrongful Death 3) Medical Malpractice 4) Violation of Resident's Bill of Rights SUMMARY OF FACTS: Plaintiff Margaret Shu, individually and as successor in interest to decedent Itzu Po, Shu's parent, alleges that plaintiffs' decedent was approximately 80 years old, and at all relevant times an elder, when she was sent from Kaiser to defendant San Gabriel Valley Medical Center on A...

Excerpt: ...and entities as defendants 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 Corporation Group, MTC Financial, Inc., and Shellpoint Mortgaging Servicing took part in a mortgage transaction involving the subject property. The FAC alleges that the mortgagee, Doe 1, falsely assumed the identity of plaintiff, ...

Excerpt: ...ale or attempting to evict plaintiff or attempting to sell the subject property or otherwise transfer title. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Ayman M. Salem alleges that plaintiff 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...

Excerpt: ...uary 28, 2022. SUMMARY OF FACTS: Plaintiff CAC Motors dba ZR Investment 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, and entered into a business relationship with defendant X3 AST Consulting pursuant to which plaintiff would request specific vehicles and X3 AST Consulting would locate, purchase ...

Excerpt: ... 1, 2022 in the amount of $4,400 Order compliance and production of documents (Set One) ANALYSIS: Interrogatories and Documents (2 Motions) Defendant Brookfield Property Retail has filed oppositions to the motions, indicating that further verified responses to each of the discovery requests were served on July 25, 2022, since the filing of the motions on May 26, 2022. Defendant's counsel's declaration indicates that, “I provided Plaintiff's cou...

Excerpt: ...ract 2) Tortious Breach of the Covenant of Quiet Enjoyment 3) Tortious Breach of the Warranty of Habitability 4) Statutory Breach of the Warranty of Habitability 5) Nuisance 6) IIED 7) Negligence 8) Violation of California Civil Code section 789.3 9) Conversion 10) Constructive Eviction 11) Violation of California Civil Code 1940.2 12) Violation of Business & Professions Code section 17200 et seq. 13) Violation of Civil Code section 1950.5 14) Ma...

Excerpt: ...SES OF ACTION FROM THE Complaint 1) Breach of Contract 2) Breach of the Covenant of Good Faith and Fair Dealing SUMMARY OF FACTS: Plaintiff S & N Properties alleges that it is a real estate limited partnership, and that in October 2018 it entered into a Lease Agreement, as owner, with defendant World Financial Group, Inc. as tenant for commercial property in Glendale. The complaint alleges that defendants Artak Daldumyan and Goar Nersesyan are pr...

Excerpt: ...action was originally brought as an unlawful detainer action brought by plaintiff Ricardo Canales alleging that he is the landlord of premises in Glendale, and that defendant Ideal Kitchen Supply, Inc. entered into a written agreement with plaintiff to rent the premises for a fixed term, was served with a 3-day notice to pay rent or quit and failed to comply with the requirements of the notice by the required date. On May 28, 2019, the matter was...

Excerpt: ...f action of First Amended Complaint Strike punitive damages, elder abuse, references to public health department CAUSES OF ACTION: from First 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 ...

Excerpt: ...aling 2) Breach of Contract 3) Unfair Business Practices SUMMARY OF FACTS: Plaintiffs William Stepanyan alleges that defendant Topa Insurance Company issued plaintiff a homeowner's insurance policy for plaintiff's home in Glendale, which was in full force and effect when, in April of 2021, a water loss occurred at the property. The complaint alleges that plaintiff discovered the water leak, which had penetrated the majority of the interior of the...

Excerpt: ... Flanders Road in La Canada, digging holes and pouring concrete on the property, erecting a fence on the property, leaving construction debris and detritus on the property and trespassing in any form on the property. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Jean Kechichian alleges that plaintiff owns a parcel of residential property located at 945 Flanders Road in La Canada, and that defendant Linda K. Lee owns an adjacent parcel of property ...

Excerpt: ...t 1) Breach of Contract 2) Fraud 3) Declaratory Relief 4) 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 on Dublin Drive in Glendale, which plaintiffs have rented from defendant since February of 2019. Plaintiffs allege that on August 1, 2021, plaintiffs and defendant entered into an agreement for plaintiffs' purchase o...

Excerpt: ...ird causes of action of Third Amended Complaint Strike improper allegations, punitive damages HHS Construction, Inc. Strike punitive damages CAUSES OF ACTION: from Third Amended Complaint 1) Dangerous Condition of Public Property 2) General Negligence and Gross Negligence 3) Premises Liability 4) Motor Vehicle SUMMARY OF FACTS: Plaintiff Mark Ellensohn alleges that on June 9, 2015, plaintiff was traveling on Interstate 5 southbound approximately ...

Excerpt: ... Garcetti Responding Party: Plaintiffs B&S Fitness Systems, Inc. dba World Gym Tujunga and Brian Hewitt RELIEF REQUESTED: County Defendants Ferrer and Villanueva Sustain demurrer to first through third causes of action of Second Amended Complaint State Defendants Sustain Demurrer to Second Amended Complaint Mayor Garcetti Sustain Demurrer to first through third causes of action of Second Amended Complaint CAUSES OF ACTION: from Second Amended Com...

Excerpt: ... Effect of Amendment Adds cause of action for negligence Specifies construction defects, issues to be addressed by expert witnesses RELEVANT 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 alleg...

Excerpt: ...ction from Second Amended Complaint 1) Quiet Title 2) Partition 3) Accounting 4) Constructive Trust 5) Fraud 6) Financial Elder Abuse SUMMARY OF COMPLAINT: Plaintiff Prapai Benjauthrit brings this action against her brother, defendant Boonsieng Benjauthrit, alleging that the parties took title to properties in Glendale in 1977 as joint tenants, with one of the subject properties to be the principal place of residence of plaintiff. Plaintiff alleg...

Excerpt: ... (Respondent has already appeared in Superior Court: Plaintiff filed action) Copy of agreement included and referenced: Ex. A Demand and refusal to arbitrate: None mentioned No waiver of right to compel arbitration: None mentioned No grounds for rescission of agreement to arbitrate: None mentioned Parties to the agreement are not parties to an action with a third party arising out of the same transaction, occurrence, or event with the possibility...

Excerpt: ...ruction, P.C. Defendant(s) - Corazon Nieves, individually and as Trustee Case No. 22 GDCV00004 Plaintiff(s) - Corazon Nieves, individually and as attorney in fact for Rene Simon Defendant(s) U.S. Bank National Association, US Bancorp, Dixieline Builders Fund Control, Inc. and Pro Build Procedural Requirements of Motion Mandatory in notice All named parties in each case: Yes Names of parties who have appeared: Yes Names of each party's respective ...

Excerpt: ...dant Jonathan C. Rosen, and Rosen's law firms, defendants JCR Law Group, Inc., and Law Offices of Jonathan C. Rosen, alleging that defendants failed to defend plaintiff in an underlying criminal matter with diligence and competence. Specifically, plaintiff alleges that defendants failed to follow up on references to school and inoculation records to establish that at the time of the alleged incident, plaintiff was only eleven years old, not betwe...

Excerpt: ...Plaintiff Maroot Sahakian alleges that he was a paying tenant of defendant Sarkis Khachmanian at premises in Glendale, and that plaintiff was attacked and beaten by other tenants at the property, defendants Minasova, Artur, and a trespasser illegally housing with them, defendant Guillermo, as a result of which plaintiff suffered severe and disabling injuries. Plaintiff alleges that defendant Khachamanian, and his employee and building manager, de...

Excerpt: ...der CCP §1005(b)? ok Defendant's initial appearance, on or before last day to plead? ok, stipulation FACTUAL BACKGROUND: Plaintiffs Andrew Bergman, Andrew Bondarczuk, Edward Bondarczuk, Matthew Bondarczuk, Steve Bondarczuk, Cain Hernandez, Joshua Miller, Aaron Mullenix, Christopher Nuesa, Jane Park, William Marc Salsberry, Trever Schmidt, Aaron Stogner, Brian Walters, and Carlos Zoller allege that they are members and investors in Shepherds, LLC...

Excerpt: ...as and Scott Haas Plaintiffs' Motion Defendants Theresa Murphy and Michael Murphy Relief Requested: Defendants' Motion Summary Judgment in favor of defendants Murphy and against plaintiffs Haas on their second amended complaint. In the alternative, summary adjudication in favor of defendants and against plaintiffs as to each and all causes of action in the second amended complaint Plaintiffs' Motion Summary adjudication in favor of Plaintiffs on ...

Excerpt: ...ination that settlement described below was made in good faith SUMMARY OF FACTS: This action is brought by the spouse and son and daughter of decedent Armen Yeghiayan, plaintiffs Rita Mahdessian, Armen Yeghiayan, and Tamar Yeghiayan, alleging that in April of 2017, decedent, who was then 81 years old, was admitted to defendant Glendale Memorial Hospital to have elective surgery performed by defendant Dr. Perez. During the procedure, Dr. Perez fou...

Excerpt: ... Glendale I Mall Associates, LP in the sum of $9,570.06. SUMMARY OF FACTS: Plaintiff Golden Canyon, Inc. dba Street Corner News alleges that it entered into a written Lease agreement with defendant Glendale I Mall Associates, LP, and that defendant breached the agreement by failing to provide the leased premises in good order and satisfactory condition in violation of Article 10 of the Lease, and by failing to provide repairs to internal pipes of...

Excerpt: ...ntiff's possession so that plaintiff can adopt Neptune to a family of plaintiff's choosing without any interference by defendant. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Bella and Sunshine Rescue, Inc. (“Bella”) alleges that it is a non-profit rescue focusing on assisting homeless and sheltered Doberman Pinchers, with a priority to save Doberman and Doberman mixes that are in shelters and are in danger of euthanasia due to not being clai...

Excerpt: ...udgment in favor of defendants Bank of America, N.A and Recon Trust Company, N.A. against plaintiff Causes of Action from Third Amended Complaint 1) Violation of Civil Code section 2924.17 2) Violation of Business and Professions Code section 17200* *Demurrer sustained without leave to amend on July 8, 2015, pursuant to June 22, 2015 remittitur and decision of the court of appeal. SUMMARY OF COMPLAINT: This is a wrongful foreclosure action origin...

Excerpt: ... favor of plaintiff and against defendant Causes of Action from (Form) Complaint 1) Common Counts Open Book Account Account Stated Goods, Wares and Merchandise Sold and Delivered Other SUMMARY OF COMPLAINT: Plaintiff American Express National Bank alleges that defendant Marcia Thompson aka Marcia Kim Thompson became indebted to plaintiff on an open book account for money due and because an account was stated in writing between the parties in whic...

Excerpt: ...ved (by email): January 28, 2022 Date Responses served: March 2, 2022 Date Motion served: April 19, 2022 Meet and confer: Yes 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, and entered into a business relationship with de...

Excerpt: ...ested: Enforce Settlement Order enforcing settlement agreement between plaintiffs and defendants Judgment on the Pleadings Entry of Judgment in favor of Plaintiff and against Defendants on the second through sixteenth, nineteenth and twentieth affirmative defenses in Answer AFFIRMATIVE DEFENSES: From Answer to First Amended Complaint 1) Failure to allege facts sufficient to constitute a claim 2) Intervening tort-feasor 3) Failure to mitigate dama...

Excerpt: ...fied) SUMMARY OF FACTS: Plaintiff, Dorelle Dean (“Plaintiff”), filed a complaint on October 25, 2018, commencing the instant action. Plaintiff filed a first amended complaint (“FAC”) on November 4, 2019, after this Court sustained a demurrer to her original pleading. The FAC asserts causes of action for negligence and statutory liability, though Plaintiff does not specify in her pleading under which statute she asserts her second cause of...

Excerpt: ... Duty (Constructive Fraud) 2) Fraud 3) Breach of Contract 4) Breach of Contract 5) Money Lent and Money Had and Received SUMMARY OF FACTS: Plaintiffs Daryoush Kavian and Said Fallaahi allege that prior to the events described in the FAC, plaintiffs were business acquaintances, and that when Kavian decided to sell a home that he owned and wanted to invest the proceeds of that sale in a business, he and Fallahi decided to enter into a partnership t...

Excerpt: ...ntiff and her 16-year-old son have been residing at a condominium unit and that Armen Arutyunyan, their possible landlord, is also a defendant in a separate personal injury suit brought by plaintiff. The FAC alleges that on February 14, 2021, at around 10 pm, when plaintiff was taking out her trash and walking her dog, two men came up and threatened plaintiff with a gun, pressuring plaintiff to drop her lawsuit against defendant and the other def...

Excerpt: ...OGY Date Discovery served: November 30, 2021 Extensions of time to respond until: January 24, 2022 (Exhibit B) Date Responses served: NO RESPONSES SERVED Date Motion served: February 15, 2022 Timely OPPOSITION: No opposition ANALYSIS: This is an underinsured motorist claim which has been assigned a case number for purposes of enforcing discovery. Under Insurance Code § 11580.2(f)(2), an insured or insurer in connection with such a claim may appl...

Excerpt: ...Extensions to Further Respond to: May 13, 2022 Date Motion served: May 16, 2022 FACTUAL BACKGROUND: On September 5, 2017, Plaintiff Dennis P. Block, individually and dba as Dennis Block and Associates, filed a complaint against Defendant John Doe, et al. The action is for libel and alleges: (1) Invasion of Privacy (2) Libel (3) Libel Per Se (4) IIED (5) NIED (6) Intentional interference with Prospective Economic Advantage, and (7) Unfair Business...

Excerpt: ...ording directly to plaintiff's expert upon request of such expert. 2. Order confirming that all provisions contained in the previous court order regarding the IME Notice shall be enforced, with the minor changes reflected in the Amended IME Notice. FACTUAL BACKGROUND: Plaintiff 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, wher...

Excerpt: ...intiff Michael Kremerman alleges that plaintiff entered into a written lease for property located in Studio City with defendant Andrea White, pursuant to which defendant agreed to pay plaintiff the sum of $16,000 per month, payable on the first of the month, which lease was extended by an extension which extended the term to March 31, 2019. The premises were sold by plaintiff on March 5, 2019. Plaintiff alleges that defendant occupied the premise...

Excerpt: ...SES OF ACTION: from Complaint 1) Breach of Implied Covenant of Good Faith and Fair Dealing 2) Breach of Contract 3) Unfair Business Practices SUMMARY OF FACTS: Plaintiff Aram Termartirosyan alleges that defendant State Farm Mutual Automobile Insurance Company (“State Farm”) issued plaintiff an automobile insurance policy for plaintiff's vehicle, which was in full force and effect on September 9, 2020, when, while plaintiff was driving the veh...

Excerpt: ... Responses to Request for Production of Documents (Set One) CHRONOLOGY Date Discovery served: January 21, 2022 Date Responses served: NO RESPONSES SERVED Date Motions served: April 14, 2022 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...as well as any objectio...

Excerpt: ...covery served: February 7, 2022 Extension to Respond to: March 28, 2022 (Ex. C) Date Responses served: NO RESPONSES SERVED Date Motion served: April 22, 2022 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 requ...

Excerpt: ...ed Demurrer Sustain demurrer to First Amended Complaint CHRONOLOGY Date Discovery served: February 17, 2022 Date Responses served: NO RESPONSES SERVED Date Motion served: April 11, 2022 Timely CAUSES OF ACTION: from First Amended Complaint 1) Violation of Labor Code section 226.8 2) Failure to Pay Overtime 3) Failure to Provide Meal Break 4) Failure to Provide Rest Break 5) Failure to Timely Pay All Wages Due 6) Failure to Pay Wages Due at Termin...

Excerpt: ... 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 dementia and that after a hospitalization when decedent's condition had stabilized, decedent was admitted to defendant Glendale Post-Acute Center, a facility owned, operated, or managed by defendant LAC Verdugo Operations, LLC. The First Amended Complaint alleges that during ...

Excerpt: ...inancial Services are the assignees of a written Motor Vehicle Lease Agreement with defendant Grigori Sedrakyan and Scoobeez LLC for the lease of a motor vehicle. [Ex. A]. Under the Agreement, upon a default, plaintiffs have the right to take possession of the vehicle. [Ex. A ¶ 23]. Scoobeez LLC filed for Chapter 11 bankruptcy protection, and during the pendency of the bankruptcy, it was agreed that Scoobeez would reject the Agreement and relinq...

Excerpt: ...ospice, Inc. (“Saint Nectarios”), a hospice company located in Glendale, and was also a patient of defendant Evans Elderly Residential Care, LLC (“Evans Residential Care”), an assisted living facility located in Victorville. The complaint alleges that during his admissions to those facilities, defendants engaged in negligence, elder abuse and neglect by permitting Thompson to develop several severe pressure ulcers, and permitting them to ...

Excerpt: ...(Discovery) RELIEF REQUESTED: Strike Strike punitive damages Discovery Order permitting discovery of defendant's financial condition CAUSES OF ACTION: from Second Amended Complaint 1) Premises Liability SUMMARY OF FACTS: Plaintiffs Adelina M. and Salvador Alvizures allege that they are spouses, and that while plaintiffs were paying tenants at premises in Sun Valley which were owned and managed by defendant Minas Development, LLC, plaintiff Adelin...

Excerpt: ...tion (“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 Excelsior HOA. Plain...

Excerpt: ...rsahakian alleges that at the height of the pandemic, plaintiff and her family suffered water damage to their home which forced them to move in with plaintiff's mother-in-law at the residential complex operated by defendant Casa De Valley View Owner's Association (the “Association”). Plaintiff alleges that she is a legally blind individual and was also pregnant at the time. Plaintiff alleges that one evening, plaintiff's service animal, a sma...

Excerpt: ...llegations of gross negligence to the second cause of action for negligence, adds causes of action for fraud/concealment, conspiracy to commit fraud, and IIED. RELEVANT FACTS: Plaintiff 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 ...

Excerpt: ... 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 possible landlord, is also a defendant in a separate personal injury suit brought by plaintiff. The FAC alleges that on February 14, 2021, at around 10 pm, when plaintiff was taking out her trash and walking her ...

Excerpt: ...om First Amended Complaint 1) Negligent Supervision and Retention v. JC Penney, Sephora 2) False Imprisonment v. JC Penney, Sephora, Oliveros 3) Defamation/False Light/Slander of Title v. All Defendants 4) Invasion of Privacy/Unreasonable Intrusion v. JC Penney, Sephora 5) Assault and Battery v. JC Penney, Sephora 6) Fraud Worked on an Agent v. JC Penney, Sephora, Galleria 7) IIED v. All Defendants SUMMARY OF FACTS: Plaintiff Athena Rivera allege...

Excerpt: ...allegedly due on a credit account. Plaintiff alleges that it is the successor in interest to original creditor, WebBank, and that plaintiff is a debt buyer, the sole owner of the debt at issue, which purchased the debt after charge-off. Plaintiff alleges that the charge-off creditor at the time of charge-off is Upgrade, Inc., and the name of the debtor as it appeared in the charge-off creditor's records is defendant Naira Vatyan. The complaint al...

Excerpt: ... 3) Breach of Covenant of Quiet Enjoyment 4) Nuisance 5) B & P 17200 6) Negligence 7) Breach of Contract 8) Civil Harassment 9) Failure to Return Security Deposit pursuant to CCP section 1950, et seq. SUMMARY OF FACTS: Plaintiff Sona Sevanyan alleges that in September of 2005, she entered into a written lease for the lease of residential property on Glendale Avenue in Glendale, which property is subject to the Rent Stabilization Ordinance and the...

Excerpt: ...&S Fitness System, Inc. and Brian Prewitt RELIEF REQUESTED: County Defendants Ferrer and Villanueva Sustain demurrer to first through third causes of action of First Amended Complaint State Defendants Sustain Demurrer to First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1) Violation of The California Constitution, Right to Liberty (Cal. Const. Art. 1 sec.1) v. All Defendants 2) Violation of The California Constitution Equal P...

Excerpt: ...nt 1) Strict Liability—Cal. Civ. Code section 3342 (a) v. Palumbo, Frydenlund 2) Negligence Per Se v. Palumbo, Frydenlund 3) Gross Negligence v. All Defendants except AirBNB 4) Negligence v. All Defendants SUMMARY OF FACTS: Plaintiff Matthew Gutierrez alleges that in February of 2020 plaintiff was viciously attacked by a pit bull at plaintiff's partner's apartment complex, the Watermarque, owned by defendant MLT VLL, LLC dba as the Watermarque ...

Excerpt: ...ntiffs' First Amended Complaint. In the alternative, summary adjudication that plaintiffs' request for punitive damages is without merit Causes of Action from First/Second Amended Complaint 1) Premises Liability SUMMARY OF COMPLAINT: Plaintiffs Adelina M. and Salvador Alvizures allege that they are spouses, and that while plaintiffs were paying tenants at premises in Sun Valley which were owned and managed by defendant Minas Development, LLC, pla...

Excerpt: ...plaintiff and against defendant Causes of Action from (Form) Complaint 1) Common Counts Open Book Account Account Stated SUMMARY OF COMPLAINT: Plaintiff American Express National Bank alleges that it extended credit to defendant Alfred Guzman for purchases or cash advances on an American Express credit card account, which has a current outstanding balance of $57,174.37, which is owed by defendant to plaintiff. ANALYSIS: Procedural There has been ...

Excerpt: ...iders Aventura Hospital & Medical Center, Byram Health Care, and Dr. Rodolfo Pigalarga. DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes 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, and that defendants, various medical providers, negligently performed a colonoscopy procedure on...

Excerpt: ...Orders quashing subpoenas MONETARY SANCTION No monetary sanctions sought DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes FACTUAL BACKGROUND: Plaintiff Theresa Friedrick alleges that in June of 2015, defendants Redrock NoHo Residential, LLC (“Redrock”) and/or Redwood Property Services (“Redwood”) and Redwood Urban, LLC (“Redwood Urban”) leased an apartment unit to plaintiff in their building,...

Excerpt: ...ied from defendant White's bank account in the amount of $58,481. Special Motion to Strike Strike the fourth cause of action of the cross-complaint for IIED without leave to amend. CAUSES OF ACTION: from Cross-Complaint (from body of pleading, not caption) 1) Breach of Contract 2) Conversion 3) Money Had and Received 4) IIED SUMMARY OF FACTS: Plaintiff Michael Kremerman alleges that plaintiff entered into a written lease for property located in S...

Excerpt: ...documents MONETARY SANCTION: No Sanctions Sought 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 of 2015, all interested parties executed a grant deed transferring the subject property to Frank ...

Excerpt: ...third causes of action in the cross-complaint of the City of Burbank and Burbank Department of Water and Power SUMMARY OF FACTS: Plaintiff 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 ...

Excerpt: ...ation action brought by defendant Mid-Century Insurance Company alleging that it insured plaintiff owner, Zarouhi Magpapian, the owner/lessee of real and personal property located on Greenbriar Road in Glendale, for damage to property and loss of use of such property and has paid $465,466.56 to or on behalf of plaintiff owner for damages sustained by plaintiff owner or plaintiff's property, which were covered under the policy of insurance. The cl...

Excerpt: ...ed oppositions to the motions, indicating that further verified responses to each of the discovery requests were served on March 21, 2022, since the filing of the motions on February 24, 2022 and March 1, 2022. Defendant's counsel's declaration indicates that, “Verifications as well as a revised version of the amended responses (containing the correct numbering throughout) were served on March 21, 2022.” [McIntosh Decl., para. 7]. The motions...

Excerpt: ...t K S Complete Auto, Inc. negligently repaired and serviced plaintiff's 2008 Porsche Turbo vehicle, resulting in oil penetration to the vehicle engine and other components, causing extensive damage to the vehicle, and rendering the vehicle inoperable. The file shows that at a Case Management Conference on January 10, 2022, plaintiff's counsel represented that on October 18, 2022, a Settlement Agreement was entered into by the parties. ANALYSIS: C...

Excerpt: ...arties' stipulation SUMMARY OF FACTS: Plaintiff Roofline, Inc. dba Roofline Supply and Delivery filed this action for foreclosure of a mechanic's lien against the owner of property plaintiff alleges it supplied materials to. Plaintiff seeks foreclosure on the claim of lien in the sum of $10,112.97. Plaintiff also alleges that defendants Champion Weatherproofing Corp. and Javier Ochoa have breached a written agreement entered into by the parties b...

Excerpt: ...s for Admissions admitted Order requiring plaintiff Hasti Rahsepar to submit to an independent mental examination FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Dennis P. Block, individually and dba as Dennis Block and Associates, as well as his associate attorneys plaintiffs Paul Eric Gold and Hasti Rahsepar , and his office manager, plaintiff Azam Riesen, allege that plaintiff Block is regarded as one of the pre-eminent attorneys handling landlor...