Excerpt: ...int Strike Attorneys' Fees, Punitive Damages CAUSES OF ACTION: from Second Amended Cross- Complaint 1. Violation of California Civil Code § 2924.17 2. Wrongful Foreclosure 3. Slander of Title FACTUAL AND PROCEDURAL BACKGROUND: This is a wrongful foreclosure action originally brought by plaintiff Esteban Montenegro. On February 7, 2014, the court sustained demurrer to the Third Amended Complaint without leave to amend and entered judgment in favo...

Excerpt: ...plaint 1) Malicious Prosecution SUMMARY OF FACTS: Plaintiffs Akop Sogomonyan and Tsovinar Sogomonyan bring this action for malicious prosecution, alleging that their neighbors, defendants Anait Ordudzhyan 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 Kiramijya...

Excerpt: ...lt and Default Judgment Aside is GRANTED. The judgment entered on April 18, 2014 is set aside as void pursuant to CCP § 473(d), as the relief granted to the plaintiff on default exceeded that demanded in the complaint, as the complaint includes no allegations that a specific sum was due, or other allegations sufficient to put defendant on notice of the sum of damages sought. See CCP § 580; Greenup v. Rodman (1986) 42 Cal.3d 822, 830. See also t...

Excerpt: ...No Opposition) RULING: [No Opposition] Motion to enforce undertaking is CONTINED. The court finds that an injunction was issued in this matter, that moving defendant suffered damage thereby, and that this court has issued judgment of dismissal, a determination that plaintiff was not entitled to the injunction. The court finds that notice of motion has been appropriately filed and served, but that the motion is not sufficiently supported by affida...

Excerpt: ...ek B. Bradstreet (No Opposition) RULING: [No Opposition] Motion for Order Correcting the Date of Filing the Complaint is GRANTED. The court orders the clerk to correct the date of the filing of the Complaint in this matter from October 16, 2018 to November 6, 2017. RELIEF REQUESTED: Order correcting the date filing the complaint FACTUAL AND PROCEDRUAL BACKGGROUND: <0044005700030047004800 002a004800520055004a[e Wielosik, Administrator of the Estat...

Excerpt: ...avid Adamyan has failed to comply with this court's order of September 7, 2018 ordering defendant to serve responses to interrogatories, and to attend his deposition on September 14, 2018, and has failed to pay monetary sanctions as ordered. Defendant has also by his inaction permitted dispositive Requests for Admissions to be deemed admitted, and has failed to file timely written oppositions to the prior motions or this motion. This has resulted...

Excerpt: ...FACTS: Plaintiff Kevin Roberts alleges that defendant Omnipoint Communications, a subsidiary of defendant T Mobile USA, leased a portion the City of Glendale's property to install and maintain a Telecommunications tower, and that defendants unlawfully planted an electrical wire with other telephone wires via an underground conduit from T Mobile's electric transformer in violation of applicable building codes, electric codes and building and safet...

Excerpt: ...0003000300030003> Moving Party: Defendants Duane Kamei, individually and as trustee, and Jerome Kamei, as trustee Responding Party: Plaintiff Gig Real Estate Inc. (Opposition only to Motion to Strike) RELIEF REQUESTED: Sustain demurrer to First Amended Complaint Strike Attorneys' Fees, Punitive Damages CAUSES OF ACTION: from First Amended Complaint 1. Breach of Listing Agreement 2. Inducing Breach of Contract 3. Interference with Contract SUMMARY...

Excerpt: ...00550053[. Responding Party: Plaintiff Joytex International Trade Limited RULING: Defendant KL Global's Demurrer to Complaint SUSTAINED WITH LEAVE TO AMEND to the second cause of action for fraud on the ground the cause of action is not alleged with sufficient specificity. See Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73 (plaintiff must allege specifically how, what, where, to whom and by what means a defendant made a misrepresentation); La...

Excerpt: ...ty: Defendant KL Global International Corp. (No Opposition) RULING: Application for right to attach order is DENIED. Plaintiff has failed to make the required showing under CCP Section 485.20(c)(1) and CCP Section 485.210(c)(2) for prevailing on the merits and for irreparable injury. Application for temporary protective order is DENIED for Plaintiff's failure to satisfy the requirements of CCP Section 484.090(a)(2) that plaintiff has established ...

Excerpt: ...tiff filed a First Amended Complaint in this action on June 25, 2018, after the filing of the demurrer and motion to strike, but long after opposition was due in connection with the originally scheduled hearing date for these motions, which was March 26, 2018, in Department 92. Oppositions would have been due by March 13, 2018, and plaintiff did in fact file timely oppositions, but has evidently changed her mind and filed an amended pleading, ove...

Excerpt: ...Amended Complaint 1) Negligence 2) Intentional Tort SUMMARY OF FACTS: Plaintiff Babak Mobin, in pro per, alleges that on April 25, 2015, he was sent from Kaiser Woodland Hills to defendant Saint Joseph's emergency room in Burbank, needing a hand surgeon because he had just cut his fingers with a saw. Plaintiff alleges that compassionate nurses and volunteers rushed to help him, and that the on-call hand surgeon was supposed to arrive soon, but in...

Excerpt: ...Neil Solarz and Weinstock Manion In the alternative, summary adjudication of the first, second, eighth and ninth causes of action, and claim for punitive damages. Summary judgment in favor of defendant Meighan Howard In the alternative, summary adjudication of the first through seventh and ninth causes of action, and claim of punitive damages Moving Party: Defendants M. Neil Solarz and Weinstock Manion, A Law Corp. <0003000300030027004800 0030004...

Excerpt: ...surance Company Ltd.'s UNOPPOSED motion for leave to file a supplemental answer is GRANTED. Defendant has failed to lodge the proposed pleading separately, and has failed to sign the pleading. Defendant is ordered to file with the court a separate, signed copy of the proposed pleading by close of business this date, which is expressly designated the “First Supplemental Answer,” and the pleading will be deemed filed and served upon the court's...

Excerpt: ...051000f0003004800570003[ al. <0044005500570048000300 11000300030003[ Responding Party: Defendants Levon H. Bardakjian and Sylvia R. Bardakjian, as co-trustees RELIEF REQUESTED: Order finding that parties entered into Stipulation for Order Appointing a Receiver with Stayed Powers, that the City has determined defendants are in default with the Compliance Schedule, as empowered to do under the Receivership Order, immediately terminating the current...

Excerpt: ...court's satisfaction that this fraud prevented them from presenting a defense before judgment was entered, and that defendants have been diligent in seeking relief. The matter is returned to the civil active list, and will be set for trial at the hearing. RELIEF REQUESTED: Set aside judgment (entered June 4, 2018) FACTUAL BACKGROUND: Plaintiff Thomas M. Lee brings this action against his neighbors residing across the street, defendants Lorna Kim,...

Excerpt: ...anti-SLAPP statute. The court further finds that plaintiffs have established a reasonable probability of success on the merits by demonstrating that the complaint is legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited with respect to the first cause of action for invasion of privacy, second cause of action for libel, third cause of act...

Excerpt: ...via (1 Motions) Defendant Pauline White (Enforce Liability) SUMMARY OF FACTS: Plaintiff the City of Monrovia alleges that unpermitted grading and construction activity is taking place on property owned by defendant Pauline White, and seeks to enjoin that activity. Defendant White has filed a cross-complaint against the City seeking indemnity, and alleging various causes of action, including for abuse of process, trespass, and violation of her Fou...

Excerpt: ...sition]. Motion to Strike the Answer of Supercar Engineering, LLC is DENIED. Motion to Strike the Answer of Defendant Allegria Estates, LLC is granted with leave to amend to permit defendant to effect reinstatement. Defendant Allegria Estates, LLC must file an amended answer and achieve re-instatement with the Department of Corporations within 60 days, or the motion is granted and the answer will be stricken automatically 60RELIEF REQUESTED: Stri...

Excerpt: ...ERED BY THE COURT. It is not brought on sufficient notice, as it was personally served only fifteen court days prior to the hearing, rather than the sixteen court days required. The proof of service is defective as it fails to specify a method of service, and to the extent it twice indicates that service was made on February 13, 2018, is demonstrably false. More importantly, this matter is stayed as to the moving defendant, as the bankruptcy proc...

Excerpt: ...t file a Dismissal with prejudice within 30 days of todays date because the Court's setting aside the default judgment will return the case to the civil active list. VACATE OR SET ASIDE: Default judgment entered April 3, 2018 FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff American Express brings this collection action alleging that defendant Erik Davis was issued an American Express Credit Card and has become indebted to plaintiff in the sum of $12...

Excerpt: ...tee RULING: Plaintiff Jacob Parseghian's Motion to Disqualify Attorney Rafik Avyazi is DENIED. The court has considered the evidence submitted by both sides, and finds that the evidence submitted by defendants, including the documentary evidence showing the course of the transaction between plaintiff, defendants, and counsel for defendants, sufficiently establishes that there was no prior representation of plaintiff by counsel for defendants, but...

Excerpt: ...nia dba Providence Saint Joseph Medical Center Responding Party: Plaintiff Babak Mobin (No Opposition) CHRONOLOGY <0029004800450055005800 001500130014001b0019[ <0031005200030035004800 00360048005500590048[d <0003002400530055004c00 001b[ 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...as well as any obje...

Excerpt: ...nt: Plaintiff Tejas Morlibhai Choski (No Opposition) RELIEF REQUESTED: Order permitting attorney to be relieved as attorney of record in this action GROUNDS FOR MOTION: Breakdown in communications, client has not signed substitution DECLARATION BY MOVING ATTORNEY [CRC 3.1362 (c), (d)]: Reasons why motion is necessary: ok Address recently confirmed (within last 30 days) Client agreed to electronic service. PROPOSED ORDER (CRC 3.1362 (e)): Address ...

Excerpt: ...C, Westfield Property Management LLC, and Nationwide Janitorial Services, Inc. (Amend) <00030027004c0044005100 004c0044005100030003[(Compel) Responding Party: Plaintiff Diane Boroudian (Amend) <0003003100440057004c00 00440051004c00570052[rial Services, Inc. (Compel) <0003003300550052004900 00030036004800460058[rity Consultants (Compel) RULING: Defendants' Motion for Leave to Amend Supplemental Designation of Experts is GRANTED. Pursuant to CCP §...