Excerpt: ...ons concerning parent company CAUSES OF ACTION: from Second Amended Complaint 1) Veterinary Malpractice 2) Negligence 3) Breach of Contract SUMMARY OF FACTS: Plaintiff Arvin Kazaryan alleges that he is the sole guardian and caretaker of Max, plaintiff's much loved and adored male canine companion. Plaintiff alleges that in January of 2016, Max was having diarrhea and plaintiff took Max to the facility owned by defendants Gateway Animal Hospital, ...

Excerpt: ...t and Confer? Yes (Plaintiff failed to respond) RELIEF REQUESTED: Sustain demurrer to First Amended Complaint Strike Attorneys' Fees, Punitive Damages CAUSES OF ACTION: from First Amended Complaint 1) Breach of Contract 2) Breach of Implied Covenant of Good Faith and Fair Dealing 3) Negligent Interference with Prospective Economic Relations 4) Intentional Interference with Prospective Economic Relations 5) Inducing Breach of Contract 6) Intention...

Excerpt: ...howing made find that a need for a speedy trial has been established, as required under CCP § 1062.3, or that circumstances warrant the granting of a preference under CCP § 36 (e). SUMMARY OF FACTS: Plaintiff WVBAGD, LLC alleges that it is the successor in interest to Dove Street Capital Lenders, which loaned the Borrower Defendants, BABBB, LLC, A. Barnes, B. Barnes, DLG, D. Galletly and G. Galletly, the principal sum of $250,000, pursuant to a...

Excerpt: ...LIEF REQUESTED: File a First Amended Cross-Complaint RULING: Motion for Leave to File First Amended Complaint is GRANTED. The court confirms that the trial date has been continued to April 6, 2020, and all discovery cut off dates and other deadlines are to be measured from the new trial date. A signed version of the First Amended Cross-Complaint is to be efiled no later than close of business this date. The First Amended Cross-Complaint will be d...

Excerpt: ...oss-complaint CAUSES OF ACTION: from Cross- Complaint 1) Breach of Contract 2) Breach of Fiduciary Duty 3) Fraud—Intentional Misrepresentation 4) Negligent Misrepresentation 5) Conspiracy to Defraud 6) Cancellation of Written Instrument 7) Quiet Title 8) Declaratory Relief SUMMARY OF FACTS: Plaintiffs Cicindelae, Inc. and Do Gi Kim alleges that in May of 2018, they entered into a written agreement with defendant Sherrie Carr to loan her $500,00...

Excerpt: ...murrer to first and second causes of action of First Amended Cross-Complaint CAUSES OF ACTION: from First Amended Cross-Complaint 1) Rescission 2) Declaratory Relief 3) Fraud 4) Breach of Implied Covenant of Good Faith and Fair Dealing SUMMARY OF FACTS: Plaintiff Glendale II Mall Associates alleges that in January of 2016, plaintiff conveyed to defendant Tadashi Enterprises LLC a leasehold interest in commercial premises with a term of running th...

Excerpt: ...lties and injunctive relief pursuant to Health & Safety Code § 25249.5 et seq., on behalf of all California citizens, alleging that defendant Arkon Resources, Inc. has violated Health & Safety Code § 25249.6 by failing to give clear and reasonable warning to individuals of the health hazards caused by exposure to di(2-ethylhexyl) phthalate (DEHP), a toxic chemical found in Arkon Sports armbands sold and distributed by defendant in California. A...

Excerpt: ...ting a trustee's sale FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Esperanza Bagwell alleges that she is the owner of property on Primrose Avenue in Monrovia based on plaintiff's actual, open, notorious, exclusive, hostile and adverse possession of the subject property for five years preceding the commencement of this action and has paid all taxes assessed against the property for the same five years. Plaintiff alleges that plaintiff and defendan...

Excerpt: ...Party: Plaintiff Alicia M. Trippi (No Opposition) RELIEF REQUESTED: Responses to Form Interrogatories, General and Employment, Requests for Production, Set One, Order Deeming Requests for Admissions, Set One, Admitted Dismiss as moot cross-complaint against cross-defendant Alicia M. Tripi CHRONOLOGY Date Discovery served: March 7, 2017 Date Responses served: NO RESPONSES SERVED Date Motion served: October 4, 2019 Timely OPPOSITION: No opposition....

Excerpt: ... action Summary judgment in favor of plaintiff Saint Lukes Pasadena, LLC In the alternative, summary adjudication of each cause of action of the complaint Moving Party: Defendant Jason Boutros M.D., Inc. Plaintiff Saint Lukes Pasadena, LLC Responding Party: Plaintiff Saint Lukes Pasadena, LLC Defendant Jason Boutros M.D., Inc. Causes of Action from Complaint 1. Breach of Contract 2. Breach of Covenant of Good Faith and Fair Dealing 3. Declaratory...

Excerpt: ... Sanctions Sought CRC separate statement, etc.: Yes DECLARATION SUPPORTING MOTION: Executed per CCP §§ 2015.5, 2030(l); CRC 315(a): ok Reasonable and good faith attempt to resolve informally: ok, Exs. 31-34 FACTUAL BACKGROUND: Plaintiff Jeremy Gonzales alleges that in January of 2018 plaintiff purchased a 2015 Chevrolet Tahoe 2WD LTX manufactured and/or distributed by defendant General Motors, LLC. Plaintiff alleges that in connection with the ...

Excerpt: ...No Sanctions Sought CRC separate statement, etc.: Yes FACTUAL BACKGROUND: Plaintiff Jessica Cundieff alleges that in July of 2015, plaintiff purchased a 2015 Chevrolet Traverse vehicle, manufactured and/or distributed by defendant General Motors, LLC. Plaintiff alleges that in connection with the purchase, plaintiffs received an express written warranty. During the warranty period, the vehicle contained or developed defects, which substantially i...

Excerpt: ...rrari Decl. ¶ 3, Ex. B No waiver of right to compel arbitration (CCP §§1281.2(a); 1281.5): Not mentioned No grounds for revocation of agreement to arbitrate (CCP §1281.2(b)): Not 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 of conflicting rulings on a common issue of law or fact (CCP §1281.2(c))* [but does not apply to arbitra...

Excerpt: ...lure to arbitrate. FACTUAL BACKGROUND: Plaintiffs Teddy Cannon and Christopher Pownall allege that they were hired as a video editor and producer in connection with television series' being produced by defendant Bellum Entertainment, LLC. Defendant Mary Carole McConnell is alleged to be the chief executive officer of Bellum, and defendant Karen Garber is alleged to have been the chief financial officer. Plaintiffs allege that during plaintiffs' e...

Excerpt: ...kian brings this action alleging that he is the residential tenant of defendant Georgi Robinson under an oral rental agreement made March 20, 2017 for $3,400 per month on a month-to-month basis for possession of premises in Ventura. Plaintiff alleges that the agreement also included an agreement for plaintiff to perform and be compensated for repairs of the premises in the amount of $50,000, which plaintiff has performed. Plaintiff alleges that o...

Excerpt: ...r Vacating Dismissal is DENIED. Request for sanctions in the opposition is DENIED. Defendants have failed to provide the safe harbor required under CCP Section 128.5(f)(l)(B) FACTUAL BACKGROUND: Plaintiff Angela Shagoyan alleges that during the months of July through September of 2014 now deceased Linida Torabian represented to plaintiff that she was a licensed real estate agent and offered to perform loan modification or foreclosure forbearance ...

Excerpt: ...s this legal malpractice action against her former attorneys, defendants Alex Megeredchian and his law practice entities, alleging that during their representation of plaintiff and other partners in a real estate investment joint venture transaction, defendants failed to appropriately advise the parties, and continued representation despite conflicts of interests arising between the partners, ultimately resulting in plaintiff funding the entire r...

Excerpt: ...essions Payroll Management, Inc. and Entertainment Production Services, Inc. and 2) the equitable issues under Business & Professions Code § 17200 may be tried first. RULING: Defendant State Compensation Insurance Fund's Motion to Bifurcate Trial is DENIED. SUMMARY OF FACTS: Plaintiff Sessions Payroll Management alleges that defendant State Compensation Insurance Fund has wrongly required plaintiff in order to obtain workers' compensation insura...

Excerpt: ...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 plaintiff which perforated his colon in multiple areas. Plaintiff alleges that after the procedure, his pain worsened and he went into septic shock. Plaintiff alleges that he ultimately underwent a total colec...

Excerpt: ...ants) Responding Party: Plaintiff Larry Quishenberry Meet and Confer? Yes RELIEF REQUESTED: Sustain demurrer to Second Amended Complaint Strike immaterial allegations, punitive damages, attorneys' fees, treble damages CAUSES OF ACTION: from Second Amended Complaint (from body of pleading, not caption) 1. Negligence and Recklessness v. All Defendants 2. Elder Abuse v. Each Defendant 3. Negligence and Recklessness—special relationship v. HCP and ...

Excerpt: ...pleading fails to sufficiently allege facts establishing a fiduciary or other relationship between plaintiff and escrow, and the claim is clearly stated for enforcement of rights under a third-party beneficiary theory to a particular contract. Moreover, based on the argument in the opposition, the court is skeptical that this case involves the existence of a balance due from defendant which can only be ascertained by an accounting. Ten days leave...

Excerpt: ...ted Civil Jurisdiction is DENIED. It is not clear from the pleadings, file and the showing made in the motion that the verdict in this case would necessarily result in a verdict below this court's jurisdictional amount. See Walker v. Superior Court (1991) 53 Cal.3d 257, 262; Ytuarte v. Superior Court (2005, 2 nd Dist.) 129 Cal.App.4th 266, 277. SUMMARY OF FACTS: Plaintiff Marine Ginosyan alleges she procured from defendant Government Employees In...

Excerpt: ...0110003[ Responding Party: (Reciprocal Motions) Relief Requested: MCW Fuels Motion Summary judgment in favor of MCW Fuels, LLC, or alternatively, summary adjudication on all issues encompassed in the Phase 1 Trial and the all matters encompassed in the Unstayed Matter. Westco Petroleum Motion Summary adjudication in favor of Westco Petroleum Distributors on the issue of whether there was a valid assignment of each of WPD's five branded resale fue...

Excerpt: ... Plaintiff Alicia M. Tripi (No Oppositions) RELIEF REQUESTED: Award of attorneys' fees in the amount of $79,678.10 against plaintiff Alicia M. Tripi and in favor of defendants Strike factual allegations relating to the portions of plaintiff's action that have been dismissed with prejudice and have no relevance to the remaining claims. RULING: [No Opposition]. UNOPPOSED Motion of Defendants Make-Up Artists & Hair Stylists Guild—IATSE Local 706, ...

Excerpt: ...he amount of $5,461.65 against defendants SUMMARY OF FACTS: Plaintiff Ingrid Cervantes, Anthony Room, and Nicholas Narvaez allege that they occupied real property located at 6735 Elmer Street, Unit 12, North Hollywood, and filed this lawsuit against defendants VN Partnership (“VN”), Elmer 1 Partnership (“Elmer 1”), Ahron Zilberstein (“A. Zilberstein”), and Vardit Zilberstein (“V. Zilberstein”) for alleged problems with the propert...