Excerpt: ...alifornia has an immediate duty to defend cross-complainant Thyssenkrupp Elevator Corporation in this action. Causes of Action from Cross-Complaint 1) Indemnity 2) Indemnity, percentage of responsibility 3) Declaration of rights, duties, and obligations regarding refusal of cross-defendants to defend, indemnify and hold cross-complainant harmless 4) Breach of agreement to defend, indemnify and hold harmless 5) Breach of agreement to name cross-co...

Excerpt: ...h causes of action of First Amended Complaint Sustain demurrer to second cause of action of First Amended Complaint Strike punitive damages CAUSES OF ACTION: from First Amended Complaint 1) Misappropriation of Trade Secrets 2) Conversion 3) Breach of Fiduciary Duty and or the Duty of Loyalty 4) Intentional Interference with Prospective Economic Advantage 5) Violation of Business & Professions Code section 17200 6) Invasion of Privacy SUMMARY OF F...

Excerpt: ...lation of Civil Code sections 1102, et seq. 2) Fraudulent Concealment 3) Breach of Fiduciary Duty 4) Fraud 5) Breach of Duty to Disclose 6) Breach of Duty to be Honest and Truthful 7) Negligence 8) Negligent Misrepresentation 9) Constructive Fraud 10) Breach of Contract 11) Civil Conspiracy SUMMARY OF FACTS: Plaintiff Anna Imogen Arrowsmith alleges that in 2017 defendants buyer broker Sotheby's International Realty, Inc., buyer agent Peter Anthon...

Excerpt: ...5, 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 truck ahead of plain...

Excerpt: ...onstruction SUMMARY OF FACTS: Plaintiff Frank Marin alleges that in October of 2019, defendants Fernando Gudino and Gudino's Construction (collectively “Gudino”) presented a proposal to plaintiff for the renovation of plaintiff's residence in Pasadena. Plaintiff alleges that in reliance on defendants' false representation that defendant was a duly licensed contractor, plaintiff agreed to the proposal and entered into an agreement and an addit...

Excerpt: ... from Second Amended Complaint 1) Wrongful Injury and Cutting of Timber/Trees 2) Trespass 3) Conversion 4) Negligence 5) Unjust Enrichment 6) Fraud 7) Private Nuisance 8) Cancellation of Written Instruments (CC section 3412) 9) Cancellation of Written Instruments (CC section 5975) SUMMARY OF FACTS: Plaintiff Alen Petroysyan alleges that he is the owner of property located at 652 Robin Glen in Glendale and that defendants Eddy Allahverdian and Mar...

Excerpt: ...d emotional distress damages. SUMMARY OF FACTS: Plaintiff Marcel Miller brings this action against his former residential landlord, defendant 1042 Western Apartment, LLC, alleging that during his tenancy in the subject apartment unit, defendant failed to provide habitable living conditions. It is also alleged that defendant harassed and made verbal threats to plaintiff in retaliation for plaintiff complaining about the condition of the subject un...

Excerpt: ...TED: Order awarding plaintiff $26,317.50 as recovery of attorney's fees incurred in successfully prosecuting this action against defendant and preparing this motion for fees. SUMMARY OF FACTS: Plaintiff Financial Services Vehicle Trust, by and through its servicer, BMW Financial Services NA, LLC, alleges that defendant Christine Charlier aka Christine Ramos aka Christine Raipp entered into a written motor vehicle lease agreement with Rusnak Pasad...

Excerpt: ...ct of Amendment Adds causes of action for permanent injunction and damages and declaratory relief re CC&Rs which add allegations based on CC&Rs applicable to the properties RELEVANT FACTS: Plaintiffs Birgit Haas and Scott Haas allege that they are the owners of real property located in Sierra Madre, and that defendants Terri Murphy and Michael Murphy are the owners of real property adjacent to plaintiffs' property (the “Murphy property”), whi...

Excerpt: ...ief Requested: Summary judgment in favor of defendants and against plaintiff Aris Construction, Inc. in relation to the Second Amended Complaint In the alternative, summary adjudication of each cause of action Causes of Action from Second Amended Complaint 1) Common Count: Goods and Services Rendered 2) Open Book Account 3) Quantum Meruit 4) Unjust Enrichment 5) Promissory Estoppel 6) Fraud 7) Recovery on Stop Payment Notice 8) Recovery on Contra...

Excerpt: ...PMK Jeffrey Thompson Bolivar Navarro Michelle Paz Status of Deponent: Plaintiffs or plaintiff affiliate (party) DEPO ATTENDANCE REQUIRED BY: Formal Notice [Notice, Amended Notices, Exhibits 1-5]. RELIEF REQUESTED BY MOVING PARTY: Order compelling the deposition of the Person Most Knowledgeable of defendant and cross-complainant Dot Dot Smile, LLC, the deposition of defendant and cross-complainant Jeffrey Thompson, and the depositions of Dot Dot S...

Excerpt: ...h of Implied Covenant of Good Faith and Fair Dealing 3) Unjust Enrichment 4) Fraud SUMMARY OF FACTS: Plaintiffs Wanyu Luo and Denong Tea, Inc. allege that they entered into a contract with defendants CDH Design Groups, Inc. and Eric Lin for professional architectural services for defendants to design a retail tea store, with tea and food to be served on-site, which contract for services and project schedule were amended by various additional serv...

Excerpt: ... 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 that defendant BASTA, Inc. and Daniel Bramzon previously defended defendant Brett Schulte in an unrelated eviction action brought by Schulte's landlord, who was represented by Block. Plaintiffs allege that ...

Excerpt: ...efendant/Cross-Complainant CTU Connection, Inc. (Special Interrogatories) Defendant/Cross-Complainant Jianhua Li (Special Interrogatories) Nonparty Charter Communications (Subpoena) RELIEF REQUESTED: Further Responses to Special Interrogatories, Set One from defendant CTU Connection, Inc. Further Responses to Special Interrogatories, Set One from defendant Jianhua Li Order compelling Charter Communications, Inc., a non-party witness, to produce d...

Excerpt: ...uction of Documents, Set One Order Deeming Requests for Admissions Admitted CHRONOLOGY Date Discovery served: May 27, 2021 Date Responses served: NO RESPONSES SERVED Date Motion served: July 8, 2021 Timely OPPOSITION: No opposition. ANALYSIS: Interrogatories and Documents 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 pro...

Excerpt: ...ns (Set One) FACTUAL BACKGROUND Plaintiff Robert Bailey alleges that in January of 2017, plaintiff deposited with defendant Santa Monica Check Cashing Etc., LLC (“SMCC”) and defendant Richard Cothrun the sum of $356,000 for the purpose of having defendants act as a surety and bailor of the funds. Plaintiff alleges that defendants, through their agent and officer, Chris Trigg, orally promised to repay the sum on demand of plaintiff. Defendants...

Excerpt: ...r compelling the deposition of plaintiff Joel Andrews DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes CHRONOLOGY Date NOTICE OF DEPOSITION served: June 4, 2021 Date of Deposition (10-day lapse): June 11, 2021 No Date Motion Served: August 12, 2021 MONETARY SANCTION REQUESTED BY MP: No sanctions sought FACTUAL BACKGROUND: Plaintiffs Joel Andrews and Thelma Andrews allege that in 2001 they initiated a cas...

Excerpt: ...d in escrow. SUMMARY OF FACTS: Plaintiff Van Boi Yang alleges that Yang is on title as tenant in common to real property in Rosemead, and that defendant Ivy Yang Ho, as trustee of the Alex and Ivy Ho Family Trust, is also on title as tenant in common to the same real property. Plaintiff alleges that the real property is divided into two residences delineated as 7941 E. Hellman Avenue and 7939 E. Hellman Avenue, with plaintiff Yang living in the 7...

Excerpt: ... in her complaint. King Street Productions Motion Summary adjudication as to plaintiff's allegations of punitive damages in her complaint Causes of Action from Complaint 1) Negligence 2) Negligence Per Se SUMMARY OF COMPLAINT: Plaintiff Amira Strugano alleges that on December 17, 2017, plaintiff was lawfully traveling on Laurel Canyon Boulevard in plaintiff's motor vehicle when the vehicle was involved in a collision caused by a vehicle operated ...

Excerpt: ...) Trespass to Chattels 7) Accounting 8) IIED 9) Injunctive and Declaratory Relief SUMMARY OF FACTS: Plaintiff William Rice alleges that he is the son of decedents Stuart Nisbet and Nancy Nisbet, and the sibling of defendant Scott Nisbet, and their late sister Linda Lee Osborne. Plaintiff alleges that while still alive, decedents Stuart Nisbet and Nancy Nisbet executed a trust agreement, the Nisbet Family Trust, in which they left all their person...

Excerpt: ...ges CAUSES OF ACTION: from Complaint 1) Breach of Contract 2) Promissory Fraud 3) Fraudulent Concealment 4) Intentional Misrepresentation 5) Negligent Misrepresentation 6) Negligence SUMMARY OF FACTS: Plaintiff JKM Real Estate Holdings, LLC (“JKM”) alleges that it hired defendant Taltech Construction, Inc. (“Taltech”) in May 2015 to act as the contractor on plaintiff's project—the construction of a state-of-the- art fitness center in Pa...

Excerpt: ...Attachment) RELIEF REQUESTED: Sustain demurrer to Second Amended Complaint CAUSES OF ACTION: from Second Amended Complaint 1) Breach of Contract 2) Waste 3) Negligence 4) Common Count 5) Breach of Oral Agreement 6) Promissory Estoppel 7) Conversion SUMMARY OF FACTS: Plaintiff Lidd Enterprises Inc. alleges that it entered into a written Lease Agreement with defendant ABS Auto Auctions Inc., pursuant to which defendant Auto Buyline Systems Inc. was...

Excerpt: ...asse (Suppress) RELIEF REQUESTED: Judgment on the Pleadings in favor of defendants on the third cause of action of the First Amended Complaint Order suppressing the “fruits” of the court ordered suppressed May 8, 2008 Internal Affairs investigation of plaintiff CAUSES OF ACTION FROM THE First Amended Complaint 1) Petition for Writ of Mandate Pursuant to CCP section 1094.5 2) Relief for Violation of POBRA, Government Code section 3309.5 3) Vio...

Excerpt: ...and Logistix, Inc. In the alternative, summary adjudication of each cause of action Causes of Action from First Amended Complaint 1) Violation of California Government Code section 12940 et seq. 2) Violation of Labor Code section 1102.5 et seq. 3) Defamation Per Se SUMMARY OF COMPLAINT: Plaintiff Allen Jay Hollis alleges that he was employed by defendant Alpha Security and Logistix, Inc. beginning in January of 2019, when plaintiff was hired as p...

Excerpt: ...aintiffs Walter Davis and Cameron Davis, as members and successor trustees of the Bruce A. Davis Revocable Trust and personal representatives of the Estate of Bruce A. Davis, bring this action against defendant Christine Davis, the sister of plaintiff Walter Davis, and the mother of Cameron Davis, alleging that in August of 2008, plaintiff DTL was formed, with Walter Davis and Bruce Davis the signatories on the DTL business bank accounts, and als...

Excerpt: ...CTUAL BACKGROUND: The complaint alleges that plaintiff J & J Freight Solutions, LLC is a successful trucking business, and that Golden J Group, Inc. is a sister business of J & J, providing backup services for J & J that comprised of assisting in port entry, trucking, repairing, warehousing, and repackaging services, as well as handling foreign customers and their orders. Plaintiffs allege that they were related companies and managed by the same ...

Excerpt: ...erty owners that suffered harm from the Liberty Fire, which burned in Murrieta, California in December 2017. Plaintiffs allege that their home was destroyed in the blaze. The complaint alleges that defendant Southern California Edison (“SCE”) is an electrical corporation and public utility which is in the business of providing electricity to the residents and businesses in California, and to plaintiffs' property through a network of electrica...

Excerpt: ...CONFIRM ARBITRATION AWARD Written arbitration agreement attached or included verbatim (§1285.4(a)): Attach 4(b), paras. 27, 28 Arbitrator(s) name(s) (§1285.4(b)): Bruce Kahn (American Arbitration Association) Arbitration award and written opinion set forth (§1285.4(c)): Yes, Attach 8 (c) Petition served and filed not earlier than 10 days after service of the award (§1288.4) and no more than 4 years (§1288) after signed copy of award is serve...

Excerpt: ...covery obligations and produce documents pursuant to CCP section 2031.320 (a) and (b). FACTUAL BACKGROUND: Plaintiff Rika Corporation dba Diversified Metalworks alleges that in August of 2017 it entered into a written subcontract agreement with defendant Jokake Construction Services, Inc. whereby plaintiff agreed to perform certain steel erection work on a construction project known as the Las Encinas Project, located in Pasadena, for the origina...

Excerpt: ...am Construction, Inc. In the alternative, summary adjudication of each cause of action Causes of Action from First Amended Complaint 1) Elder Abuse 2) Breach of Contract 3) Breach of Contract 4) Unfair Business Practices SUMMARY OF COMPLAINT: Plaintiff Diahanna Allen alleges that she is 87 years old, and disabled, and the sole owner of two residential properties in the City of Glendale, which are approximately one block from each other at 1538 Hi...

Excerpt: ...ing aside or vacating the Request for Default Judgment, and dismissing Doe Amendment 2 Order setting aside and/or vacating the Request for Default Judgment Order dismissing Doe Amendment 2 SUMMARY OF FACTS: 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 il...

Excerpt: ...efusal to arbitrate (CCP §1281.2): Decl., para. 7, Exhibit C No waiver of right to compel arbitration (CCP §1281.2(a); 1281.5): Not engaged in discovery No grounds for rescission of agreement to arbitrate (CCP §1281.2(b)): 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 of conflicting rulings on a common issue of law or fact (...

Excerpt: ...damages in this matter. SUMMARY OF FACTS: Plaintiff Kevin Tashman alleges that on June 24, 2017, plaintiff was injured due to the negligence of defendants 200 N. Fair Oaks, LLC, Anabi Oil Corporation and Pasadena Shell, Inc., when, in the process of delivering fuel to underground fuel tanks located on defendants' property, plaintiff fell through a “man hole” or “step plate” or other type of vault cover which created a defective condition....

Excerpt: ...gerous Condition of Public Property v. City of Burbank, Burbank DWP 2) General Negligence v. All Defendants 3) Premises Liability v. All Defendants 4) Motor Vehicle v. Does SUMMARY OF COMPLAINT: 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 th...

Excerpt: ...ntist Sustain demurrer to first, fourth and fifth causes of action of Second Amended Complaint Strike allegations of recklessness Physician Surgery Center Sustain demurrer to Second Amended Complaint Strike allegations subject to the litigation privilege CAUSES OF ACTION: from Second Amended Complaint 1) Violation of 42 USC section 1395dd— Failure to Provide Medical Screening Examination v. Glendale Adventist 2) Violation of 42 USC section 1395...

Excerpt: ...: Plaintiffs Charles Valenzuela, individually and as Successor Trustee of the Juanita Valenzuela 1989 Trust Relief Requested: Summary judgment in favor of defendants Kathleen Thompson, an individual, Kathleen Thompson as Trustee of the Kathleen M. Thompson 1999 Trust, and Christopher J. Thompson In the alternative, summary adjudication of each cause of action Causes of Action from Complaint 1) Breach of Fiduciary Duty 2) Fraud and Deceit 3) Cance...

Excerpt: ...RELIEF REQUESTED: Sustain demurrer to fourth, sixth, seventh and eighth causes of action of Complaint (Both) Strike Attorneys' Fees, Punitive Damages (Redrock) Strike Punitive Damages, Prejudgment interest (Noho Commons) CAUSES OF ACTION: from 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...

Excerpt: ...filing a Petition to Confirm Contractual Arbitration Award. The dispute which was arbitrated between the parties involved payments allegedly due under a repayment schedule in connection with a loan agreement between petitioner Swift Financial, LLC as Servicing Agent for WebBank and respondents Ashot Mamikonyan dba Silverlane and Ashot Mamikonyan, individually, as a guarantor of the subject loan agreement. The arbitration was conducted, without th...

Excerpt: ...on of documents identified in “Privilege Log” FACTUAL BACKGROUND: Plaintiff Zaida R. alleges that defendant Los Angeles Community College District (“LACCD”) manages and operates defendant East Los Angeles Community College (“ELAC”), a public community college with campuses located in Monterey Park and South Gate. Plaintiff alleges that in the fall semester of 2017, while plaintiff was at the South Gate campus doing math homework, defe...

Excerpt: ...attery 2) Conspiracy to Commit Assault and Battery 3) Negligence 4) Loss of Consortium 5) Abuse of Process 6) Extortion and Blackmail 7) Conspiracy to Commit Extortion and Blackmail 8) IIED SUMMARY OF FACTS: Plaintiffs Akop Torosian and Robert Torosian allege that in April of 2014, plaintiff Akop Torosian retained the services of defendant Arutyun Fitilchyan, a locksmith, to provide locksmith services at plaintiff's residence in Glendale. When de...

Excerpt: ...wo Order Deeming Requests for Admissions (Set One) Admitted CHRONOLOGY Date Discovery served: March 19, 2021 Date Responses served: NO RESPONSES SERVED Date Motion served: May 7, 2021 Timely ANALYSIS: Interrogatories and Documents The opposition indicates that since the filing of the motions, on May 21, 2021, plaintiff served responses to the subject discovery, without objections, and on June 30, 2021 served amended verifications. The reply conce...

Excerpt: ...confer filed 2/16/21 Meet and Confer? Yes RELIEF REQUESTED: Sustain demurrer to second through eighth causes of action of First Amended Complaint Strike Punitive Damages CAUSES OF ACTION: from First Amended Complaint 1) Medical Negligence 2) Battery 3) Assault 4) False Imprisonment 5) Negligence 6) Premises Liability 7) Negligent Supervision, Hiring, or Retention 8) IIED SUMMARY OF FACTS: Plaintiff Cindy Ortiz-Guerra alleges that in August of 201...

Excerpt: ...nts, LLC entered into a lease agreement for property in San Gabriel which was to be used by the tenant to operate a law office. Plaintiff alleges that the lease requires plaintiff to pay its proportionate share of real estate taxes, insurance, and common area maintenance (“CAM”) charges, which plaintiff has paid, but that on many occasions, defendants would not serve the CAM statements on plaintiff, despite plaintiff's demand, and that plaint...

Excerpt: ...interest development governed by the Arlington Green (the “Association”). Plaintiff alleges that her unit has a balcony deck with tile flooring and a roof covering it, and that a dispute has arisen between plaintiff and the Association concerning alleged water intrusion into the unit beneath plaintiff's unit, 287 Arlington. Plaintiff alleges that the Association has contracted with a contractor, Quality Control Services (“QCS”), to conduc...

Excerpt: ...ales 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 status conference and motion for summary judgment/adjudicati...

Excerpt: ...fth causes of action of First Amended Complaint Strike Attorneys' Fees, Punitive Damages, Immaterial Allegations CAUSES OF ACTION: from First Amended Complaint 1) Medical Malpractice—Wrongful Death 2) Medical Malpractice—Wrongful Death (Survival Action) 3) Medical Malpractice—Wrongful Death 4) Medical Malpractice—Wrongful Death (Survival Action) 5) General Negligence 6) General Negligence (Survival Action) 7) Dependent Adult Abuse—Negle...

Excerpt: ...atory Relief 2) Breach of Contract 3) Equitable Indemnity 4) Implied Contractual Indemnity 5) Waste 6) Promissory Estoppel SUMMARY OF FACTS: Plaintiff Lidd Enterprises Inc. alleges that it entered into a written Lease Agreement with defendant ABS Auto Auctions Inc., pursuant to which defendant Auto Buyline Systems Inc. was to lease certain commercial property. The complaint alleges that defendant failed to pay the rent for the time period of Marc...

Excerpt: ...uty SUMMARY OF FACTS: The complaint is brought by Ernesto Perez, as personal representative of the Estate of Eva Salas, and alleges that Perez was appointed by the Superior Court, County of Los Angeles, as personal representative in Case No. 19 STPB00629. The complaint alleges that a petition of Perez for Letters of Administration with limited authority was granted by the court in the probate action on May 28, 2019, and the court increased the am...

Excerpt: ...favor of plaintiff on breach of contract and promissory estoppel claims In the alternative, summary adjudication of first cause of action and/or second cause of action Defendant/Cross-Complainant's Motion Summary judgment, or in the alternative, summary adjudication on cross-complainant's cross-claims against plaintiff/cross-defendant Causes of Action from First Amended Complaint 1) Breach of Contract 2) Promissory Estoppel Causes of Action from ...

Excerpt: ...to Request for Admissions, Set One CHRONOLOGY Date Discovery served: February 24, 2021/ March 31 Date Responses served: March 29, 2021/April 26 Date Motion served: June 9, 2021 timely Meet and Confer? Ok, Para. 6-10, Exs. 4-7 FACTUAL BACKGROUND: Plaintiff Anthony Reyes alleges that in April 2019 while he was a tenth grade student at defendant Village Christian School, another student at the school, defendant Dietrich Amrhein (“Manolo”), inser...

Excerpt: ...z alleges that in December of 2018, plaintiff underwent a procedure to excise a melanoma on his scalp at defendant Huntington Ambulatory Surgery Center. Plaintiff alleges that the excision was performed by defendant Isaac Benjamin Paz, M.D., and that while preparing the area for the excision procedure, the operating room nurse, defendant Valentina Zackarian, R.N., poured Betadine into plaintiff's ear. The complaint alleges that rather than seekin...

Excerpt: ...order before filing lawsuit CAUSES OF ACTION: from Complaint 1) Assault and Battery 2) Conspiracy to Commit Assault and Battery 3) Negligence 4) Loss of Consortium 5) Abuse of Process 6) Extortion and Blackmail 7) Conspiracy to Commit Extortion and Blackmail 8) IIED SUMMARY OF FACTS: Plaintiffs Akop Torosian and Robert Torosian allege that in April of 2014, plaintiff Akop Torosian retained the services of defendant Arutyun Fitilchyan, a locksmith...

Excerpt: ...t Effect of Amendment Adds additional claims for successor liability, alter ego liability, fraudulent conveyance, and a claim for conspiracy. Adds three new parties. RELEVANT FACTS: Plaintiff American Tower Asset Sub, LLC alleges that it owns and operates a broadcasting and wireless communications tower in La Canada Flintridge (the “Antenna Site”), and in December of 2009 leased a portion of the Antenna Site to defendant Sunbelt Television, I...

Excerpt: ... it. Vacate (Cancel) Arbitration Award. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Jonathan D. Kraut alleges that in March of 2007 he entered into a written partnership agreement with defendant Levi Quintana, which created plaintiff Secure Net Protection to operate a private patrol, private security and asset protection business. In October of 2016, plaintiff Kraut, defendant Quintana and Aldric Horton, Sr. entered into a written agreement amen...

Excerpt: ...hony EnterTraining, Inc. (“VSE”), which was a TV, film, and audio vocational college in Burbank. VS on various dates in 2012-2015 obtained all legal rights to certain accounts receivable owned by VSE, include those of Defendants Meyghan Hill (“Hill”) and James Scott's (“Scott”). VS alleges Defendants entered into promissory notes and contracts with VSE. Hill was a student of VSE and on June 11, 2009, entered into a written agreement, ...

Excerpt: ...eath and Survival Action Damages: 1) Negligence SUMMARY OF COMPLAINT: Plaintiffs Jorge Santos, individually and as successor in interest to the Estate of Andrea Ashley Santos, Bernadette Barbosa, individually and as successor in interest to the Estate of Andrea Ashley Santos, and Adrian Santos, through his guardian ad litem, bring this action alleging that in August of 2018, plaintiffs' decedent, Andrea Ashley Santos, suffered traumatic and fatal...

Excerpt: ... ACTION: from Cross-Complaint 1) Fraud and Deceit (Intentional Misrepresentation) 2) Fraud and Deceit (Promise Made Without Intent to Perform) 3) Negligent Misrepresentation 4) Breach of Fiduciary Duty 5) Breach of Written Contract 6) Violation of Business and Professions Code Sec. 17200 et seq. SUMMARY OF FACTS: Plaintiff King Cobra Construction, Inc. alleges that it is a licensed general contractor, and that in June of 2017 it entered into a wr...

Excerpt: ... 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 R. alleges that defendant Los Angeles Community College District (“LACCD”) manages and operates defendant East Los Angeles Community College (“ELAC”), a public community college w...

Excerpt: ..., Inc. that it had and has an immediate and continuing duty to defend MCI Communications Services LLC against plaintiff's claims in this action. CAUSES OF ACTION: from First Amended Cross-Complaint 1) Indemnity and Apportionment of Fault 2) Express Contractual Indemnity 3) Declaratory Relief 4) Declaratory Relief Regarding Duty to Defend FACTUAL BACKGROUND: Plaintiff Mark Ellensohn alleges that on June 9, 2015, plaintiff was traveling on Intersta...

Excerpt: ... Opposition) RELIEF REQUESTED: Sustain demurrer to First Amended Complaint Strike Punitive Damages CAUSES OF ACTION: from First Amended (Form) Complaint 1) General Negligence 2) Intentional Tort SUMMARY OF FACTS: Plaintiff Dehui Zeng has filed a First Amended Form Complaint checking the box that “The following causes of action are attached,” and also checking “General Negligence” and “Intentional Tort.” There are no cause of action at...

Excerpt: ... Cuevas and occupies as his principal dwelling real property in Monterey Park. Plaintiff alleges that in October of 2014 he was approached by a friend who needed a loan, and as a favor plaintiff agreed to support a loan to his friend if the friend could locate a lender that would make a loan to be secured by a third deed of trust recorded against plaintiff's property. The friend located a lender, defendant Quickfix Investments, LLC, and negotiate...

Excerpt: ...any, LLC, and for injunctive relief, statutory damages, fees and costs of suit incurred herein In the alternative, summary adjudication of issues Causes of Action from Complaint 1) Violations of the Unruh Civil Rights Act SUMMARY OF COMPLAINT: Plaintiff Perla Mageno alleges that plaintiff is a visually impaired and legally blind person who requires screen-reading software to read website content using a computer. Plaintiff alleges that defendant ...

Excerpt: ...ction of documents SUMMARY OF FACTS: Plaintiff Yanbin Zang alleges that he is a Chinese national who desired to immigrate to the United States, but at the time had no substantive understanding of the American legal system or the complexities of immigration law, and accordingly sought out the services of defendant Meiju Group which plaintiff learned from an acquaintance was in the business of providing immigration services, and which advertised on...

Excerpt: ...int filed by cross-defendant Daniel C. Chiu FACTUAL BACKGROUND: Plaintiff Shanghai Overseas Affairs Service Center Co., Ltd. alleges that it entered into two written commission agreements with defendants Oasis Growth Partners, LLC, also dba Alliance Regional Center (“ARC”), Oasis Growth Partners II, LLC, also dba ARC and Oasis Growth Partners Development, Inc., also dba ARC, which are companies of which defendants Daniel Chiu and Rebecca Chiu...

Excerpt: ...) Fraud 5) Negligent Infliction of Great Emotional and Mental Distress 6) Reckless Endangerment SUMMARY OF FACTS: Plaintiff Frank J. Bennett alleges that in May of 2020, Dawn Elberta Wells, acting through her agent, Leonard Clyde Carter III, filed an Order of Protection, Case No. 20 PDR000577 against plaintiff. The complaint alleges that defendant, the Estate of Dawn Elberta Wells, in the Order of Protection used false statements and slanderous a...

Excerpt: ...017, plaintiff was lawfully traveling on Laurel Canyon Boulevard in plaintiff's motor vehicle when the vehicle was involved in a collision caused by a vehicle operated by defendant Elizabeth Rose Quinn, who drove defendant's vehicle into oncoming traffic, as a result of which plaintiff was hurt and physically injured and sustained damages. The complaint alleges that at the time of the collision, defendant Quinn was intoxicated and arrested at the...

Excerpt: ... David Delrahim In the alternative, summary adjudication of each cause of action Causes of Action from Complaint 1) Breach of Written Contract 2) Specific Performance 3) Intentional Interference with Prospective Economic Advantage 4) Negligent Interference with Prospective Economic Advantage 5) Unfair Business Practices SUMMARY OF COMPLAINT: The instant action arises from a dispute involving the purchase of thirteen gasoline service stations by p...

Excerpt: ...dmissions FACTUAL AND PROCEDURAL BACKGROUND: Plaintiffs the Estate of Richard Charles Wegelin and Jennafer Leigh Wegelin, the natural daughter of Richard Charles Wegelin, bring this action against defendants Brilliant Management, Inc., Hsiao Ping Wang, and Debra Gray, alleging that defendants owned, leased, possessed, managed and maintained premises commonly described as the El Dorado Inn in Anaheim. Plaintiffs allege that while Richard Charles W...

Excerpt: ...m (“Soni”) alleges that defendants Simplelayers, Inc. fka Cartograph, Inc. and Timothy Tierney retained plaintiff to represent them on an hourly basis in regard to certain general corporate, patent, and trademark work. Plaintiff alleges that Soni has provided professional services, but defendants have breached the attorney-client fee agreement by failing to fully pay for those services pursuant to the agreement. This action was filed followin...

Excerpt: ...h, and eleventh causes of action of First Amended Complaint Sotheby Defendants Sustain demurrer to second through eleventh causes of action of First Amended Complaint Strike attorney's fees and punitive damages CAUSES OF ACTION: from First Amended Complaint 1) Violation of Civil Code sections 1102, et seq. 2) Fraudulent Concealment 3) Breach of Fiduciary Duty 4) Fraud 5) Breach of Duty to Disclose 6) Breach of Duty to be Honest and Truthful 7) Ne...

Excerpt: ...eased commercial property in Glendale, and had a good relationship with the owners of the property until defendant John McDowell, Trustee of the John McDowell Family Trust, took over the property, failed to provide plaintiff with a notice of change of ownership, but instead gave plaintiff a 30-Day Notice To Quit, and filed an unlawful detainer action. Plaintiff alleges that defendant claimed the eviction was based on a tenancy at will even though...

Excerpt: ... of Fiduciary Duty and or the Duty of Loyalty 4) Intentional Interference with Prospective Economic Advantage 5) Violation of Business & Professions Code section 17200 6) Invasion of Privacy SUMMARY OF FACTS: The complaint alleges that plaintiff J & J Freight Solutions, LLC is a successful trucking business, and that Golden J Group, Inc. is a sister business of J & J, providing backup services for J & J that comprised of assisting in port entry, ...

Excerpt: ...leges that at approximately 6 p.m. on January 8, 2018, plaintiff was crossing by foot the crosswalk that traverses the SR-60 eastbound onramp on Atlantic Boulevard, when he was stricken by a Chevrolet truck traveling southbound on Atlantic Boulevard being driven by defendant Joseph Ransford. Plaintiff alleges that he suffered serious medical injuries as a result of the accident. The Second Amended Complaint alleges that defendant Ransford caused ...

Excerpt: ...al FACTUAL AND PROCEDURAL BACKGROUND: Plaintiffs Cicindelae, Inc. and Do Gi Kim allege that in May of 2018, they entered into a written agreement with defendant Sherrie Carr to loan her $500,000 with no interest, with a maturity date of April 30, 2019. Plaintiffs allege that defendant Carr, and her business partner, defendant Kyung Choung, pledged two properties, one owned by Carr, and the other owned under defendant Ehop, LLC, to secure the agre...

Excerpt: ... Tamnia LLC alleges that it is a Wetzel's Pretzels franchisee that owns and operates a franchised bakery store at two sites in the Los Cerritos Center, and that since acquiring the franchise in 2016, plaintiff's franchise has become one of the most profitable locations in the entire Wetzel's Pretzels franchise system. Plaintiff alleges that while plaintiff has consistently maintained compliance with its obligations under the governing Franchise A...

Excerpt: ...UAL BACKGROUND: Plaintiff American Tower Asset Sub, LLC alleges that it owns and operates a broadcasting and wireless communications tower in La Canada Flintridge (the “Antenna Site”), and in December of 2009 leased a portion of the Antenna Site to defendant Sunbelt Television, Inc. for the purpose of broadcasting operations pursuant to a Lease Agreement. The parties in 2013 executed a First Amendment to the Lease which extended the term of t...

Excerpt: ...only in caption) Causes of Action from Complaint 1) Breach of Contract (Lease) v. Petromin 2) Negligence v. All Defendants SUMMARY OF COMPLAINT: Plaintiff Herbert S. Su, D.D.S. alleges that in July of 2016 he entered into a commercial lease with defendant Petromin Group USA, Inc. (“Petromin”) for the lease of premises in South El Monte to be used by plaintiff to operate his dentistry practice. Plaintiff alleges that in January of 2019, water ...

Excerpt: ...xpunging the Notice of Action Pending recorded on October 11, 2017. FACTUAL and PROCEDURAL BACKGROUND: Plaintiff Habitat East Homeowners Association (“the Association”) alleges that defendants are purported record or legal owners of a unit of real property in Burbank, and that dating back to May of 2008, after an assessment lien was recorded against the property in favor of plaintiff, multiple transfers of the property have occurred, wherein ...

Excerpt: ... responses and production, without objection, to Plaintiffs' Requests for Production of Documents, Set One FACTUAL BACKGROUND: Plaintiffs Teddy Cannon and Christopher Pownall bring this action against their former employer defendant Bellum Entertainment, LLC alleging that defendants engaged in wage and hour labor code violations. On January 15, 2021, the court heard two motions to compel responses to Requests for Production, Set One, from defenda...

Excerpt: ...e purpose of confirming the arbitration award made in an arbitration held with respect to a claim by petitioner Swift Financial, LLC, as Servicing agent for WebBank, for sums allegedly due under a business loan agreement entered into by respondents Cross Cali Trans, Inc. and Kostan Manukyan. Petitioner seeks to have the court confirm the arbitration award. This petition was originally heard on March 26, 2021. The court's tentative ruling was post...

Excerpt: ...ocuments Further Responses to Requests for Admissions FACTUAL BACKGROUND Plaintiff Perla Mageno alleges that plaintiff is a visually impaired and legally blind person who requires screen-reading software to read website content using a computer. Plaintiff alleges that defendant Rodini Park LP has violated the Unruh Civil Rights Act, California Civil Code section 51, by its failure to design, construct, maintain and operate its website to be fully...

Excerpt: ...various times experienced auditory hallucinations, paranoid delusions, mania, and depression. In March of 2012, plaintiff became a patient of defendant Jeffrey Becker, M.D. Plaintiff alleges that in August of 2012 he was admitted to defendant UCLA Health Systems NPH Hospital (“NPH”), which is administered by defendant the Regents of the University of California, due to bizarre behavior and was diagnosed with psychosis NOS, and placed on a hol...

Excerpt: ...CAUSES OF ACTION: from Complaint 1) Statutory Elder Abuse/Neglect 2) Negligence 3) Wrongful Death SUMMARY OF FACTS: Plaintiff John Thompson alleges that at all relevant times he was over 65 years of age, and a patient of defendant Saint Nectarios Hospice, 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 fa...

Excerpt: ...1) Breach of Contract 2) Violation of Civil Code section 1102 SUMMARY OF FACTS: Plaintiff Khachik Aslanyan alleges that in May of 2018, plaintiff and defendant 11104 Oro Vista LLC entered into a written agreement in which plaintiff agreed to purchase real property located at 11104 N. Oro Vista Avenue in Sunland. Plaintiff alleges that during the purchase transaction defendants failed to disclose that various sub-contractors that worked on the sub...

Excerpt: ...CAUSES OF ACTION: from First Amended Complaint 1) General Negligence 2) Negligent Hiring, Supervision or Retention of Employee 3) Premises Liability 4) Gross Negligence 5) Product Liability/Failure to Warn 6) Negligence/Product Liability 7) Strict Products Liability 8) Breach of Warranty of Merchantability 9) Breach of Implied Warranty of Fitness for a Particular Purpose 10) Loss of Consortium SUMMARY OF FACTS: Plaintiffs Erika Rodriguez, individ...

Excerpt: ... Discovery served: December 4, 2019 Date Responses served: NO RESPONSES SERVED Date of Court Order: October 2, 2020 (responses and production due within 14 days. No monetary sanctions requested or awarded.) Notice of Ruling served: October 5, 2020 Motion Served: March 30, 2021 FACTUAL BACKGROUND: Plaintiff Esperanza Bagwell alleges that she is the owner of property on Primrose Avenue in Monrovia based on plaintiff's actual, open, notorious, exclu...

Excerpt: ...seghian, husband and wife, allege that plaintiff Jacob agreed in 2002 with decedent Nick Vartanian that the two would each become 50% owners in a mortgage business previously solely owned by Jacob, First Choice Mortgage Brokers. Plaintiffs allege that plaintiff, decedent Nick and defendant Jassik Vartanian came to an agreement wherein Jacob would purchase and invest in certain real properties. Due to the high risk associated with the direct mortg...

Excerpt: ... Interrogatories Further Responses to Demand for Production of Documents from Norik Barseghian Order compelling defendant Ideal Kitchen Supply, Inc. to produce documents responsive to Demand for Production of Documents FACTUAL BACKGROUND: Plaintiffs Jorge Santos, individually and as successor in interest to the Estate of Andrea Ashley Santos, Bernadette Barbosa, individually and as successor in interest to the Estate of Andrea Ashley Santos, and ...

Excerpt: ... expiration of the statute of limitations and the remaining issues under plaintiff's CLRA and breach of implied warranty claims. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Tamara Hopkins alleges that in December of 2015 she purchased a vehicle from defendant Carmax Auto Superstores California, LLC (“Carmax”) as seller. Plaintiff alleges that prior to purchasing the vehicle, plaintiff asked if the vehicle had been in any prior accidents, and...

Excerpt: ...y filing a Petition to Confirm Contractual Arbitration Award. The dispute which was arbitrated between the parties involved payments allegedly due under a repayment schedule in connection with a loan agreement between petitioner Swift Financial, LLC as Servicing Agent for WebBank and respondents Ashot Mamikonyan dba Silverlane and Ashot Mamikonyan, individually, as a guarantor of the subject loan agreement. The arbitration was conducted, without ...

Excerpt: ...y 23, 2020 Date Responses served: NO RESPONSES SERVED Date of Court Order: September 11, 2020 (responses and production due within 30 days, sanctions of $758 plus costs of $60 filing fee for each motion payable within thirty days. ) Notice of Ruling served: September 11, 2020 Motion Served: January 29, 2021 FACTUAL BACKGROUND: Plaintiff Foothill Soils, Inc. alleges that it is engaged in the business of landscape materials and supplies, including ...

Excerpt: ...i Quintana, which created plaintiff Secure Net Protection to operate a private patrol, private security and asset protection business. In October of 2016, plaintiff Kraut, defendant Quintana and Aldric Horton, Sr. entered into a written agreement amending the partnership agreement to include Horton as a partner in the business. In March of 2017, the written agreement was again amended, with defendant Quintana agreeing to eliminate all contact wit...

Excerpt: ...that on July 9, 2019, plaintiff insured Tia Gladys Mexican Restaurant in San Gabriel, and that on that date defendant Abdelhak Saoud negligently drove his vehicle into the insured restaurant, resulting in property damage and loss of income, for which plaintiff insurer has incurred $84,825.68 in losses paid to its insured. The complaint seeks to have the losses sustained by the insured shifted from plaintiff to defendant, who was responsible for t...

Excerpt: ...t State Farm Mutual Automobile Insurance Company and against plaintiff Key Equity Group, Inc. In the alternative, summary adjudication of first cause of action, second cause of action and punitive damages Causes of Action from Complaint 1) Breach of Contract v. All Defendants 2) Breach of Implied Covenant of Good Faith and Fair Dealing v. All Defendants 3) Conversion v. Ford 4) Violation of the Automobile Sales Finance Act v. Ford 5) Violation of...

Excerpt: ...a Second Amended Complaint Date Original Complaint filed: October 22, 2019 Effect of Amendment Adds cause of action for negligence, deletes references to Omni Brand Limited Partnership, based on settlement and dismissal of that party RELEVANT FACTS: Plaintiff Southwest Regional Council of Carpenters (“SWRCC”), a labor organization, and its employee, Jason Green, allege that while the SWRCC was conducting a picket in front of the building loca...

Excerpt: ...dds new allegations related to recently discovered fraudulent transfer, adds a new party, 1432 Avetikian Family Trust and adds a new cause of action for fraudulent transfer. RELEVANT FACTS: This is an action brought by plaintiff Calculated Risk Analytics LLC dba Excelerate Capital alleging that defendants engaged in loan fraud with respect to transactions involving residential real property located on Rutherford Drive in Pasadena. GROUNDS FOR REL...

Excerpt: ... ACTION FROM THE First Amended Complaint 1) Negligence (Count I) 2) Negligence (Count II) 3) Breach of Contract (Count I) 4) Breach of Contract (Count II) 5) Breach of Implied Covenant to Perform Work in a Competent Manner 6) Violation of Business & Professions Code section 7160 7) Recovery on License Bond 8) Negligent Misrepresentation 9) Inverse Condemnation SUMMARY OF FACTS: Plaintiffs Sarkis Atyemizian and Silva Atyemizian allege that they ar...

Excerpt: ...ogation 2) Express Indemnification SUMMARY OF FACTS: Plaintiff National Union Fire Insurance Company of Pittsburgh, PA seeks subrogation from defendants City of Pasadena and Rose Bowl Operating Company, alleging that as a result of defendants' negligence, and wrongful acts and omissions, plaintiff paid $5,000,000 to settle a separate action brought against its insureds, non-party American Golf Corporation, and the City. The underlying action was ...

Excerpt: ...gence 5) Premises Liability SUMMARY OF FACTS: Plaintiff Wyatt Donaldson, a minor, through his GAL, alleges that plaintiff is a special-needs student who attended Brainard Elementary School in Los Angeles, which was owned and operated by defendants City of Los Angeles and Los Angeles Unified School District. The complaint alleges that on March 5, 2019, plaintiff's mother, Amber Otte, picked up plaintiff from school and noticed that plaintiff had b...

Excerpt: ...t Digital Videostream, LLC. The Employment Agreement between the parties provided for the arbitration of any controversy, dispute or claim between the parties, at the request of either party. The parties stipulated to binding arbitration through their counsel and on September 24, 2018, the court ordered that all causes of action in this matter be submitted to binding arbitration pursuant to the parties' October 12, 2017 Employment Agreement. [Ex....