Excerpt: ...ners' Association (“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 Excelsi...

Excerpt: ...anctions against Sleiman Timani, who appeared as PMK from X3 AST Consulting, Inc. Order compelling the answer and production for inspection of documents described in deposition notice. 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, a...

Excerpt: ...ARBITRATION AWARD Written arbitration agreement attached or included verbatim (§1285.4(a)): ok, Petition, Exhibit 4(b), para. 10 Arbitrator(s) name(s) (§1285.4(b)): Thomas M. Haskins (American Arbitration Association) Arbitration award and written opinion set forth (§1285.4(c)): Petition, Exhibit 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 ...

Excerpt: .... 2 and Supplemental Interrogatory, Set No. 1 Responses to Request for Production of Documents, Set Two Responses to Supplemental Request for Production of Documents and Other Tangible Things, Set No. 1 Order Deeming Requests for Admissions, Set One, Admitted CHRONOLOGY Date Discovery served: May 10, 2022, Oct. 29, 2022 Extensions of time to respond until: July 1, 2022, December 12 2022, without objections Date Responses served: NO RESPONSES SERV...

Excerpt: ...zation in further response to Defendant's Request for Production of Documents, Set Three, No. 55, and a signed authorization with which to obtain sworn testimony from plaintiff's psychotherapist, Beverly Lockwood Conlan. 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 un...

Excerpt: ...ing all proceedings and discovery in this action pending resolution of defendants' motion to compel arbitration. SUMMARY OF FACTS: Plaintiff Khristopher Kobaian alleges that in March of 2018, plaintiff entered into a warranty contract with defendant Ford Motor Company regarding a 2018 Ford F-150 vehicle which was manufactured or distributed by defendant Ford Motor Company. Plaintiff alleges that the warranty contract contained various warranties,...

Excerpt: ...of an easement for ingress and egress over the westerly ten feet of an adjoining lot, which is owned by defendant MTMD LLC. Plaintiffs allege that in August of 2022, defendant MTMD caused or permitted construction works on the MTMD property, including building a fence and preparing ground for concrete across the Daher easement, which unreasonably interferes with plaintiffs' use of the Daher easement by blocking the easement, and preventing plaint...

Excerpt: ...ach of Contract 2) Breach of Implied Covenant of Good Faith and Fair Dealing 3) Intentional Interference with Contractual Relations 4) Negligence SUMMARY OF FACTS: Plaintiff Levet, Inc. alleges that it is a general contractor primarily engaged in the business of home improvement construction projects as well as construction of Accessory Dwelling Units (ADUs). Plaintiff alleges that prior to the commencement of this action, plaintiff and defendant...

Excerpt: ...N: from (Form) Complaint 1) Premises Liability 2) General Negligence SUMMARY OF FACTS: Plaintiff Razmik Boghossian alleges that on January 14, 2022, plaintiff was injured on a public sidewalk in La Canada Flintridge, which was owned, operated or controlled by defendants Turn Around Communications, Inc., Charter Communications, Inc., and the City of La Canada Flintridge. Plaintiff alleges he was injured when he was walking on the subject sidewalk ...

Excerpt: ... Amended Complaint (from body of pleading, not caption) 1) Dental Malpractice—Breach of Standard of Care 2) Dental Malpractice—Negligent Misrepresentation 3) Dental Malpractice—Failure to Properly Keep or Provide Medical Records 4) Breach of Oral Contract 5) Specific Performance SUMMARY OF FACTS: Plaintiff Stepan Tashchyan alleges that in May of 2019 plaintiff entered into an oral contract with defendants Martin Stepanyan, D.D.S. and Stepan...

Excerpt: ...efendant Olympus Corporation of Americas to produce documents improperly designated as privileged and withheld by defendant, to order the deposition witness to testify concerning the purported privileged topics, and to produce documents requested at deposition. MONETARY SANCTION: None sought FACTUAL BACKGROUND: Plaintiff Jason Steger alleges that in October of 2016, plaintiff was admitted to defendant CSJ Providence St. Joseph Medical Center with...

Excerpt: ...f 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 and foreseeable risk of contact by tall vehicles passing below. Plaintiff alleges that as he was approaching the site of the overhanging ...

Excerpt: ...ed Complaint Strike punitive damages and attorney's fees CAUSES OF ACTION: from Second Amended Complaint 1) Member Derivative Action for Breach of Contract 2) Member Derivative Action for Breach of Fiduciary Duty 3) Breach of Fiduciary Duty 4) Aiding and Abetting Breach of Fiduciary Duty 5) Breach of Fiduciary Covenant of Good Faith and Fair Dealing Membership Interest Assignment Agreement 6) Breach of Implied Covenant of Good Faith and Fair Deal...

Excerpt: ...curin, her brother, and the estates of her two sisters, defendant Estate of Adelaida L. Bacurin, and defendant Estate of Leonora L. Bacurin, alleging that real property in Glendale is now being held by defendant Luis Bacurin as the current, purported sole owner of record by means of an Affidavit of Death of Joint Tenant (Adelaida Bucurin), which was recorded in April of 2022. Plaintiff alleges that in April of 2008, plaintiff acquired an equal ow...

Excerpt: ...ND: Plaintiff Domingo Covarrubias alleges that in July of 2020, plaintiff leased a 2020 Alfa Romeo Giulia vehicle. Plaintiff alleges that in connection with the purchase, plaintiff received an express written warranty from defendant FCA US LLC, pursuant to which defendant undertook to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiff alleges that...

Excerpt: ...pt to resolve informally: Ok, Decl., paras. 24-32, Exs. 7-9 FACTUAL BACKGROUND: Plaintiff Lilia Benitez alleges that in November of 2021, plaintiff purchased a new 2021 Jeep Grand Cherokee vehicle. Plaintiff alleges that in connection with the purchase, plaintiff received an express written warranty from defendant FCA US LLC, pursuant to which defendant undertook to preserve or maintain the utility or performance of the vehicle or provide compens...

Excerpt: ...as 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 plaintiff's vehicle...

Excerpt: ...dds allegation that the deed of trust was forged and seeks treble damages against defendant Athas pursuant to CCP section 749 for forging a deed of trust. 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 Capital Group, Armine Kalogeras, Crown Escrow Corporation, Rosalina Cisneros and certain Doe defendant...

Excerpt: ...ndant Americana La Crescenta, LLC, which owned, managed and operated the apartment complex and the subject property. Plaintiffs allege that the subject property has suffered from, and continues to suffer from, numerous problems, including inadequate hot water, noxious and repulsive odors, and defective plumbing, and that defendant has failed and refused to maintain the subject property, has refused to expend the necessary sums to maintain the sub...

Excerpt: ...ly operated a motor vehicle, causing injuries and damages to plaintiff. The complaint alleges that defendant Misak Shamilyan owned the subject motor vehicle which was used with defendant's permission and entrusted the motor vehicle. The complaint alleges that the alleged negligent acts occurred on May 10, 2020. ANALYSIS: Defendants Karen Shamilyan and Misak Shamilyan argue that the single cause of action alleged in the complaint fails to state fa...

Excerpt: ...d with defendant 1 Stop Home Remodel. The file shows that on August 6, 2019, plaintiff filed a Request for Entry of Default of defendant, which was entered as requested on August 8, 2019. On October 3, 2019, Judgment by the Court by Default based on plaintiff's written declaration was filed and signed by the court, awarding judgment for plaintiff and against defendant 1 Stop Home Remodeling, Inc. in the total sum of $54,295.39. On December 3, 202...

Excerpt: ...mpelling defendant to provide verification to responses to Request for Production of Documents, Set Four Further Responses to Special Interrogatories, Set Three Further Responses to Request for Production of Documents, Set Three FACTUAL BACKGROUND Plaintiff Gregory Tate alleges that he was injured when he was hired by defendants Clint Langford and Langford Installations as an independent contractor to finish a construction project involving placi...

Excerpt: ...ood Faith and Fair Dealing 3) Intentional Interference with Contract 4) Declaratory Relief SUMMARY OF FACTS: Plaintiff Shannon Conn alleges that in January of 2016, plaintiff entered into a Residential Purchase/Sale Agreement for the purchase of real property in Magalia, California, and that in February of 2016, the sellers agreed to make repairs to the subject property, including repairing the sinks and windows. Plaintiff was assured that no lea...

Excerpt: ... preference FACTUAL BACKGROUND: Plaintiffs Richard Vartanian and Elvira Vartanian allege that they are an elderly couple and that in December of 2019 defendant Lazaros Georgiadis (Lazaros), on behalf of defendant Lending Star Capital, offered plaintiffs an attractive reverse mortgage on their real property located in Altadena. At the time plaintiffs were in active Chapter 13 bankruptcy due to the fact that the subject property was under foreclosu...

Excerpt: ...tiff 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 trust recorded on February 12, 2015. Plaintiff alleges that in 2018 defendant Axos Financial, Inc. announced it had re-branded BofI Federal Bank as Axos Bank. Defendant First American Ti...

Excerpt: ... stipulation of the parties. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Bank of America, N.A. alleges that defendant Artin Shirvanian became indebted to plaintiff pursuant to defendant's use or authorization of use of a credit card account. Plaintiff alleges a cause of action for common counts, alleging that monthly periodic statements for the account were delivered to defendant and accepted without successful objection by defendant, and plaint...

Excerpt: ...nt of Motor Vehicles (Stipulation for Waiver of Appearance) FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Mercedes-Benz Financial Services, USA LLC (Mercedes) alleges that it is the lienholder and legal owner of a 2018 Mercedes-Benz vehicle, and that plaintiff is informed and believes that defendant GAD Auto Body Shop, Inc. (GAD), an automotive repair shop, came into possession of the vehicle in January of 2021, and that in March of 2021, plaintif...

Excerpt: ...ators and against defendant Professional Builders, Inc. In the alternative, summary adjudication of each cause of action. CAUSES OF ACTION: from First Amended Complaint 1) Declaratory Relief 2) Declaratory Relief 3) Reimbursement 4) Reimbursement 5) Breach of Contract * *Cause of Action dismissed pursuant to order of court of appeal SUMMARY OF FACTS: Plaintiff Navigators Specialty Insurance Company (Navigators) alleges that it paid more than $1 m...

Excerpt: ...llege that they have resided in an illegally built structure located at 12223 Wick Street in Sun Valley, Unit B, since April 2012 to the present, pursuant to a written lease agreement with the former landlord. Plaintiffs allege that defendant Karen Baca is the true owner of the subject property and unit, and that defendant Ana Moreno has acted as property manager since September of 2015. Plaintiffs allege that during their tenancies at the unit a...

Excerpt: ...allege that plaintiffs at all relevant times have resided in an illegally built structure located at 12223 Wick Street in Sun Valley, Unit A, since February 2009 to the present, pursuant to a written lease agreement with the former landlord. Plaintiffs allege that defendant Karen Baca is the true owner of the subject property and unit, and that defendant Ana Moreno has acted as property manager since September of 2015. Plaintiffs allege that duri...

Excerpt: ... of Process 3) IIED 4) Unfair and Unlawful Business Practice 5) Breach of Implied Warranty of Habitability 6) Negligence 7) Nuisance 8) Breach of Warranty of Quiet Enjoyment 9) Malicious Prosecution 10) Assault SUMMARY OF FACTS: Plaintiffs Sandford Jones and Maribel Haro allege that in January of 2011, they entered into a lease for the rental of a unit of residential premises located in Burbank, and that shortly afterward plaintiff Haro had to se...

Excerpt: ...ITRATION AWARD Written arbitration agreement attached or included verbatim (§1285.4(a)): ok, Petition, Exhibit 4(b), para. 10 Arbitrator(s) name(s) (§1285.4(b)): Thomas M. Haskins (American Arbitration Association) Arbitration award and written opinion set forth (§1285.4(c)): Petition, Exhibit 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 awa...

Excerpt: ...ch of Implied Covenant of Good Faith and Fair Dealing 3) Breach of Fiduciary Duty 4) Fraud and Deceit 5) Unjust Enrichment 6) Negligent Misrepresentation 7) Open Book 8) Account Stated 9) Quantum Meruit SUMMARY OF FACTS: Plaintiff Raffi Tarakjian alleges that in 2016, plaintiff met defendant George Assali, who represented to plaintiff that he was a licensed real estate agent, had been doing property flips for over twenty years, had never lost mon...

Excerpt: ....00 against plaintiff and its attorneys of record 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 property was originally purchased at the request of Stull by Micha...

Excerpt: ... 1, 2, 8, 13 and 19 FACTUAL BACKGROUND: Plaintiff Hamed Golshan alleges that defendant Mike Kamali was a fifty percent shareholder of a business entity known as Saint Glen, Inc., which operates a restaurant known as Panini Grill in Los Angeles County (the “Company”), and in September of 2019 entered into a Stock Purchase Agreement wherein defendant agreed to sell his entire fifty percent interest to plaintiff for the sum of $750,000.00. The s...

Excerpt: ...UND: Plaintiff Holly Marie Washburn alleges that in June of 2016, plaintiff purchased a new 2016 Ram 2500 vehicle. Plaintiff alleges that in connection with the purchase, plaintiff received an express written warranty from defendant FCA US LLC, pursuant to which defendant undertook to preserve or maintain the utility or performance of the vehicle or provide compensation if there was a failure in such utility or performance. Plaintiff alleges that...

Excerpt: ... Order to Show Cause Re: Why Monetary Sanctions in the Sum of $900 Should Not Be Imposed on Plaintiff's Counsel Pavel Kouprine for His Failure to Bring the Extension on the Motion to Compel Filed on 09/26/2022 to the Court's Attention CHRONOLOGY: Date Discovery served: June 24, 2022, personal Date Responses served: July 25, 2022, email Date Motion served: September 26, 2022 FACTUAL BACKGROUND: Plaintiff CAC Motors dba ZR Investment (Plaintiff) br...

Excerpt: ... Loraine Homeowner's Association, Inc. alleges that it is a non-profit mutual benefit corporation which operates and manages a condominium development, 350 Loraine Condominiums, in Los Angeles County, which consists of sixteen condominium units, with the owner of each being a member of the Association, and also having a 1/16th interest in the Association's Common Areas. Plaintiff alleges that defendant Avanes Hovsepian is the sole owner of record...

Excerpt: ...er reasonable attorneys' fees in the amount of $4,050.00 SUMMARY OF FACTS: This matter was filed as a petition for order releasing property from claim of mechanic's lien, in which petitioner Andre Setian alleges that petitioner is the owner of real property in Glendale, and respondent Athlon Pool Company, Inc. is a licensed contractor which claims to have contributed pool construction, materials, and labor to the subject property. The petition al...

Excerpt: ...ngaged in the business of home improvement construction projects as well as construction of Accessory Dwelling Units (ADUs). Plaintiff alleges that prior to the commencement of this action, plaintiff and defendant Amir Kacem entered into numerous agreements pursuant to which defendant was to perform architectural, design and planning work on several of plaintiff's residential projects in the area, in exchange for compensation in accordance with t...

Excerpt: ...LLP from encumbering, assigning or disposing of funds which would be typically transferred from the LLP to Sands. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Raffi Mesrobian brought this complaint for unlawful detainer against defendant Eugene P. Sands, alleging that defendant agreed to rent residential premises in La Canada Flintridge pursuant to a written agreement for a month-to-month tenancy. The complaint alleges that defendant was served w...

Excerpt: ...ses of action of Second Amended Cross-Complaint CAUSES OF ACTION: from Second Amended Cross-Complaint 1) Fraud and Intentional Deceit 2) Negligent Misrepresentation 3) Breach of Written Contract 4) Breach of Covenant of Good Faith and Fair Dealing 5) Declaratory Relief 6) 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 o...

Excerpt: ...udgment pursuant to the terms of the settlement agreement against defendant SUMMARY OF FACTS: Plaintiff National Collegiate Student Loan Trust 2007-4 filed this action alleging that defendant Theodore A. Sloan entered into a written contract with plaintiff's assignor, Charter One Bank, N.A., pursuant to which plaintiff's assignor loaned money to defendant for the financing of education expenses. The complaint alleges that defendant has breached t...

Excerpt: ...ents as agreed. MONETARY SANCTION: No Sanctions Sought DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes 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...

Excerpt: ...g & 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 property was originally purchased at the request of Stull by Michael Scott Dowell and Julia L. Dowell, who are husband and wife, and are the beneficiaries of a dee...

Excerpt: ...ith and Fair Dealing 3) Intentional Interference with Contract 4) Declaratory Relief SUMMARY OF FACTS: Plaintiff Shannon Conn alleges that in January of 2016, plaintiff entered into a Residential Purchase/Sale Agreement for the purchase of real property in Magalia, California, and that in February of 2016, the sellers agreed to make repairs to the subject property, including repairing the sinks and windows. Plaintiff was assured that no leaks wer...

Excerpt: ... Second Amended Complaint Strike general damages, punitive damages CAUSES OF ACTION: from Second 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 suffered from Parkinson's disease and dementi...

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: ...ry Duty SUMMARY OF FACTS: Plaintiff Teresa Fagiani alleges she is the spouse of Gabriel Fagiani, who is the co-owner of a single-family dwelling in Glendale, to which title was taken in July of 1993 by Gabriel Fagiani in his own name, with plaintiff's father-in-law and mother-in-law, defendants Frederick Fagiani and Valeria Fagiani, as joint tenants. Plaintiff alleges that the property was acquired by Gabriel as his family home with plaintiff, bu...

Excerpt: ...an accounting detailing and documenting all income and expenses covering January 1, 2015 through current SUMMARY OF FACTS: 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 ...