Excerpt: ...D CONFER? Yes CAUSES OF ACTION: From Fourth 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...

Excerpt: ...lve) <0003000300030003000300 00030003000300030003[ Defendant Remil Charmaine Gonzalez (Demurrer) <0003000300030003000300 00030003000300030003[ “Joinder” filed by defendants Noho Home Health and Bella Aslanova (Demurrer) Responding Party: Defendants Noho Home Health and Bella Aslanova (Dissolve) Plaintiff Royal Health Homecare Agency, Inc. (Demurrer) RELIEF REQUESTED: Dissolve protective order and stay on discovery Sustain Demurrer to First, S...

Excerpt: ...ulings and Motion as Void/Voidable are subject to the automatic stay, so the motion is GRANTED as to those pending motions, and the hearings on those motions are stayed until the full resolution of the appeal. As to the Motion to enforce liability on civil deposit and for a court order directing defendant to pay interest on amount of bond for delay caused by appeal filed by defendant, and the Motion to tax costs, the motion to stay these two matt...

Excerpt: ...ice of Summons is GRANTED. Plaintiffs have failed to establish by a preponderance of the evidence that it is appropriate for this court to exercise specific jurisdiction over defendants. Plaintiffs have established the existence of only one contract, which they concede was entered in Nevada, with California residents to provide shipping services to a California address at the direction of the residents, and one phone call to obtain billing inform...

Excerpt: ...ubmitted by defendants. The court's previous tentative ruling dated June 22, 2018 becomes the order of the court. Defendants' Request for Judicial Notice in Reply is GRANTED. As to Exhibits A-G, the recorded documents, the court has taken notice only of the fact of each recorded document's recording, the date each document was recorded and executed, the parties to the transaction reflected in the recorded document, the document's legally operativ...

Excerpt: ...��Southern California dba Providence Saint Joseph Medical Center for Order Establishing That Second Set of Request for Admission of Facts and Genuineness of Documents be Deemed Admitted Against Plaintiff Babak Mobin is GRANTED. Plaintiff has failed to serve timely responses substantially complying with the provisions of CCP § 2033.220 prior to the hearing on this motion. The court therefore orders that all matters specified in the Second Set of ...

Excerpt: ...Office, L.P., CFO BC, LLC, and Suretec Insurance Company RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Motion for Summary Judgment is DENIED. Plaintiff has failed to meet its initial burden on this motion, as it has failed to appropriately support the sum being claimed. The interest calculation fails to indicate on what basis the rate is sought, or why it is calculated from July 8, 2016 through Sept...

Excerpt: ...Arutyun Modayan (No Opposition) RULING: [No opposition] Application for Writ of Possession and Application for Writ of Attachment are DENIED WITHOUT PREJUDICE. Plaintiff has failed to establish that defendant has been served with the summons, complaint or moving documents as required by CCP section 484.040. Or, if proof of service shown, Application for Writ of Possession is granted. The Court finds that plaintiff has established the probable val...

Excerpt: ...tion §16504 (b), said charging order constitutes a lien on a judgment debtor's transferable interest in the partnership, including the real property held in constructive trust pursuant to the partnership agreement, as described in the judgment in this matter. Said lien applies up to the amount of the judgment of $172,600.00 with interest thereon at the rate of ten percent (10%) per annum accrued to the date of payment. RELIEF REQUESTED: Orde...

Excerpt: ... Plaintiffs Anthony Siracusa and Mitzi Siracusa RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: Defendant's Motion for Summary Judgment, or in the Alternative, Summary Adjudication, is GRANTED. Defendant has submitted evidence that since the recording of the Notice of Default and Notice of Trustee's Sale, and the alleged violations of the HBOR in this matter, defendant has completed a loan modificatio...

Excerpt: ...Summary judgment in favor of defendant Alex Terzibachian Moving Party: Defendant Wesley Lewis Defendant Nima Sadeghi Defendant Alex Terzibachian Responding Party: Plaintiffs Maria Serrato, Joseph Serrato and Armando Villa Causes of Action from Second Amended Complaints 1) Negligence SUMMARY OF COMPLAINT: The lead action in this matter is brought by plaintiffs Maria Serrato and Joseph Serrato who allege that they are the mother and stepfather and ...

Excerpt: ...pment Inc. and Greg Astorian (Jury Trial) Plaintiff MGN Five Star Cinema, LLC (Sanctions) RULING: Plaintiff's Motion for Allowance of a Jury Trial is again DENIED, as an untimely and improper motion for reconsideration of this court's September 12, 2017 order denying an ex parte application for the same relief, based on papers making the same arguments and citing the same legal authority, which order has in fact already been affirmed and been fou...

Excerpt: ... Name of Client: Cross-complainant Issachar Shabtay (No Opposition) Correct address in proof of service? (CCP §§1013, 1013a) Client: ok Other parties: ok 16/+5 day lapse? (CCP §1005(b)) ok RELIEF REQUESTED: Order permitting attorney to be relieved as attorney of record in this action GROUNDS FOR MOTION: Failure of client to provide information necessary to prosecute cross-complaint, failure to abide by terms of attorney-client fee agreement DE...

Excerpt: ...Issachar Shabtay (No Opposition) Correct address in proof of service? (CCP §§1013, 1013a) Client: ok Other parties: ok 16/+5 day lapse? (CCP §1005(b)) ok RELIEF REQUESTED: Order permitting attorney to be relieved as attorney of record in this action GROUNDS FOR MOTION: Failure of client to provide information necessary to prosecute complaint, failure to abide by terms of attorney-client fee agreement DECLARATION BY MOVING ATTORNEY [CRC 3.1362 ...

Excerpt: ...to Compel Arbitration and Stay Litigation is MOOT in light of the dismissal of this party from this action on April 10, 2018. As to the “joining” co-defendants, the joinders are DENIED WITHOUT PREJUDICE with respect to compelling arbitration, as those parties have not established to the satisfaction of the court that an agreement to arbitrate the controversy as to those parties exists. The joinders to the extent requesting STAY of this action...

Excerpt: ...atories, Set One: The court WILL NOT CONSIDER the motion as it is untimely, having been filed and set to be heard beyond the 15 th day before the date initially set for the trial of the action. The order continuing trial in this matter did not reopen discovery beyond that agreed to by the parties in their written stipulation submitted to the court, pursuant to which discovery was reopened only to conduct two depositions, those of plaintiff Consta...

Excerpt: ...ank Responding Party: Plaintiff Maria Fuentes RULING: Motion to Expunge Notice of Pendency of Action (“Lis Pendens”) is DENIED. The court finds that the argument made by plaintiff Maria Fuentes, as well as matter apparent from the Request for Judicial Notice submitted by defendants, establishes by a preponderance of the evidence the probable validity of plaintiff's real property claim that the trustee's sale was conducted based on a questiona...

Excerpt: ...0300160013000f000300 1500130014001b[ Within 60 days?: ok Hearing date (within 30 days of service, or docket conditions): ok Moving Party: Defendants Vaghashia Family Limited Partnership, <000300030003002a005200 004b00440056004b004c[a and Sonal Vaghasia Responding Party: Plaintiff Rakesh Kothari RULING: Defendants Vaghashia Family Limited Partnership, Govind Vaghashia and Sonal Vaghasia Special Motion to Strike Plaintiff's Fifth and Tenth Causes o...

Excerpt: ...nant Xiao Qing Yang (No Opposition) RULING: [No Opposition] Plaintiffs/Cross-Defendants' Bi Qin Cheng and Chang Zheng Zou's Motion to Strike Defendant/Cross-Complainant Xiao Qing Yang's Cross-Complaint is DENIED. While the subject cross-complaint was not appropriately filed before or at the time of the filing of the answer, and without advance leave of court, the court notes that the pleading was evidently served on the moving parties, and the co...

Excerpt: ...D. The court in its discretion has considered Marcus Johns' Opposition to the motion as well as Los Angeles Engineering, Inc.'s Joinder and Supplemental Opposition, despite the fact that they were untimely filed with the court, only because they were timely served. Marcus Johns and Los Angeles Engineering, Inc. are cautioned that the court may in the future decline to consider papers not filed within the mandatory statutory deadlines. The court i...

Excerpt: ...ff Tejas Morlibhai Choski (No Opposition) Correct address in proof of service? (CCP §§1013, 1013a) Client: ok Other parties: No POS 16/+5 day lapse? (CCP §1005(b)) ok 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 re...

Excerpt: ...ction on June 6, 2018, after the filing of the demurrer, but two court days after the date for filing an opposition to the demurrer. Under CCP § 472: “(a) A party may amend its pleading once without leave of the court at any time before the answer or demurrer is filed, or after a demurrer is filed but before the demurrer is heard if the amended complaint, cross-complaint, or answer is filed and served no later than the date for filing an oppos...

Excerpt: ...am Recinos, and Alan Isaac Orellana-Recinos and Aaron Isaiah Orrellana-Recinos, through their GAL RULING: Demurrer is OVERRULED to the first cause of action for interference with easement, second cause of action for Bane Act violation, and third cause of action for assault. Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND to the fourth cause of action for violation of Penal Code § 422.6. Request for Judicial Notice is DENIED, as the moving party has...

Excerpt: ...s Burbank Unified School District, Peter Knapik, Jennifer Shaughnessy, Brandi Young, and Dorothy Hernandez Responding Party: Plaintiff Danny Hansen (No Opposition) RELIEF REQUESTED: Further Responses to Form Interrogatories (Set No. 1) Further Responses to Special Interrogatories (Set No 1) Further Responses to Requests for Production of Documents (Set No. 1) CRC separate statement, etc.: ok DECLARATION SUPPORTING MOTION: Executed per CCP §§ 20...

Excerpt: ...tion) RULING: [No opposition] Motion of Defendant Pacific Bell Telephone Company dba AT&T's Motion to Compel the Deposition of Warren Randal Heath is DENIED for failure to show service of the moving papers or the Amended Notice of Motion on the third party witness. Or, if proof of service shown: Motion of Defendant Pacific Bell Telephone Company dba AT&T's Motion to Compel the Deposition of Warren Randal Heath is GRANTED. Third party Warren Randa...