Excerpt: ...ts City of Burbank (“City”) and Mark Scott, the City Manager for the City, (“City Manager”) to set aside the Decision of the City Manager terminating plaintiff. Plaintiff also seeks remedies for alleged violations of the Public Safety Officers Procedural Bill of Rights Act (“POBRA”) and alleged violations of civil rights. The court has read and considered all moving papers, opposition papers, supplemental papers, and reply papers and ...

Excerpt: ...19, October 23, 2019 and July 16, 2020. FACTUAL BACKGROUND: The City of Bradbury has filed this action based on a Petition for Appointment of Receiver and for Other Relief pursuant to Health and Safety Code section 17980.7, alleging that residential property on Barranca Road in Bradbury is in such a state of disrepair and neglect that it is a substantial threat to the health and safety of its occupants and the nearby community. The petition alleg...

Excerpt: ...No. 1 Summary adjudication as to the cause of action for express indemnity in the cross-complaint Summary adjudication as to the claim for negligent entrustment in the first cause of action for negligence Motion No. 2 Summary adjudication of the causes of action for negligence, implied indemnification and contribution Summary adjudication of cause of action for declaratory relief Causes of Action from Cross-Complaint 1) Negligence 2) Contractual ...

Excerpt: ...ined an order from this court establishing compliance with the Court's December 18, 2020 order, or, in the alternative, striking and dismissing the fourth category of “trade secrets” from Saint-Gobain's Third sic (Fourth) Amended Trade Secret Disclosure FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Saint-Gobain Performance Plastics Corporation alleges that defendant Tuan La is a former employee who worked as the District Sales manager for the t...

Excerpt: ... Summons and Complaint __X__ Notice of Application & Hearing (CCP § 484.050) __X__ Application for Writ and all declarations or affidavits in support of motion (CCP §484.020) __X__ Proof of Service GROUNDS FOR MOTION Claim is one on which an attachment may be issued [Attachment may only be issued in an action on a claim for money based upon a contract, express or implied, where the total amount of the claim is a fixed or readily ascertainable a...

Excerpt: ... owns real property in San Gabriel, that the owner of the loan is Freddie Mae, the servicer of the loan is Wells Fargo, and the subject property was set for foreclosure sale on September 27, 2018. The SAC alleges that defendant Barrett Daffin Frappier Treder & Weiss, LLP is the trustee for purposes of the auction of the subject property. Plaintiff alleges that on September 8, 2018, plaintiff submitted a first lien loan modification request for th...

Excerpt: ...intiff presented to defendant Leisure Glen Post Acute Care Center for post-surgical care and rehabilitation following a spine surgery. Plaintiff alleges that within four days of beginning her stay at defendant's care facility, one of the nurses was attempting to take plaintiff to the restroom when the nurse negligently dropped plaintiff onto the floor causing plaintiff to sustain further injury. The complaint alleges that plaintiff was required t...

Excerpt: ...rder requiring petitioners/defendants to pay a fine of $1,000 as to Jonathan C. Rosen, Esq. SUMMARY OF FACTS: Plaintiff Arturo Aguilar brought this action against his former attorney defendant Jonathan C. Rosen, and Rosen's law firms, defendants JCR Law Group, Inc., and Law Offices of Jonathan C. Rosen, alleging that defendants failed to defend plaintiff in an underlying criminal matter with diligence and competence. Specifically, plaintiff alleg...

Excerpt: ...alleges that it provides long distance telephone service to wholesalers who purchase prepaid minutes from plaintiff and then sell the minutes to other wholesalers or individuals for profit. Plaintiff alleges that defendants David Shternberg, Alon Ben Isreal, Eval Mezin, Simple USA, LLC and Talksimple, Inc. were in the business of purchasing prepaid minutes from a dealer like plaintiff and selling them to persons wishing to buy minutes or to other...

Excerpt: ...eedings SUMMARY OF FACTS: Plaintiff Esperanza Bagwell alleges that she is the owner of property on Primrose Avenue in Monrovia based on plaintiff's actual, open, notorious, exclusive, hostile and adverse possession of the subject property for five years preceding the commencement of this action and has paid all taxes assessed against the property for the same five years. Plaintiff alleges that plaintiff and defendants JP Morgan Chase Bank (“Cha...

Excerpt: ...d Complaint 1) Breach of Contract SUMMARY OF COMPLAINT: Plaintiff JR Fueling, Inc. alleges that in April of 2012 it entered into a written agreement with defendant Level Oil Corporation and that in April of 2018 defendant breached the agreement by unreasonably withholding its consent to assignment of a lease to a proposed assignee who was financially qualified to pay and perform all of tenant's obligations under the lease. The First Amended Compl...

Excerpt: ... interest, costs CAUSES OF ACTION: from First Amended Complaint 1) Wrongful Death v. All Defendants 2) Negligence v. All Defendants 3) Elder/Dependent Adult Abuse v. North Los Angeles County Regional Center and Roman Entire Agency SUMMARY OF FACTS: Plaintiff Sherman Pore alleges that he is the father and successor in interest to decedent Howard Pore. The complaint alleges that on May 31, 2019, decedent was entitled to receive 16-hour care by defe...

Excerpt: ... CCP section 425.16 in the sum of $17,755 SUMMARY OF FACTS: Plaintiff BLT alleges that in 2012, it hired defendants Juliane LaMarche and Richard Sankey to head up a digital media division of its limited liability company, entering into an “at will” employment agreement pursuant to which defendants would develop and build the digital media department of BLT, utilizing 10-15 existing and new employees of BLT. Plaintiff alleges that during this ...

Excerpt: ...ok Overseas Co. alleges that between June of 2017 and April of 2018 it entered into a written contract with defendants KL Global International Corp. and Kevin Liao for the purchase of goods, consisting of textiles. Plaintiff alleges that the contract consists of invoices, packing lists, and related shipping documents, and that the terms include full payment within thirty days of delivery with an inspection period of thirty days after delivery for...

Excerpt: ...uests for Production of Documents CHRONOLOGY Date Discovery served: November 12, 2020 Date Responses served: December 17, 2020 (not clear) Date Motion served: March 22, 2021 Timely, Extension Ex. H FACTUAL BACKGROUND: Plaintiff Shake Rubyan alleges that in October of 2018, plaintiff arrived at the facilities of defendant Physician Surgery Center at Glendale Adventist, LLC (“Surgery Center”) for outpatient colonoscopy and endoscopy medical ser...

Excerpt: ...Two), Nos. 1 and 2 FACTUAL BACKGROUND: Plaintiff Akrah Ab, a minor, through his GAL, Adrineh Gharibiansaki, alleges that while plaintiff was enrolled in a private music course at defendant Melody International Music School, Inc. from April through July of 2018, defendant Harmik Haghverdian, who was entrusted by defendant Melody with the supervision and care of plaintiff during the private music course, improperly and repeatedly touched, harassed,...

Excerpt: ...ion on behalf of his client, Jiang Qi, alleging that Bluestar Express Group, Inc. had required Qi to work 24 hours a day and seven days a week at a trucking warehouse, requiring Qi to work whenever a truck came in, paying him no overtime, giving him improper breaks, and otherwise violating the Labor Code. In addition to Bluestar, Qi's complaint in Qi v. Bluestar named Yidan Zhang as an individual defendant, alleging that Bluestar was a sham corpo...

Excerpt: ...in favor of defendant Make-Up Artists & Hair Stylists Guild—IATSE Local 706. In the alternative, summary adjudication of one or more causes of action or claims for damages. Order deeming plaintiff Alicia M. Tripi a vexatious litigant. Causes of Action from First Amended Complaint 1) Retaliation for Filing Discriminatory Complaint in Violation of Government Code section 12940(H) 2) Age Discrimination 3) National Origin Discrimination* 4) Sex Dis...

Excerpt: ...Glendale Adventist Medical Center (Seal) (No Opposition) Plaintiff Shake Rubyan (Demurrers and Motions to Strike) RELIEF REQUESTED: Seal Order allowing the filing of record and materials under seal Glendale Adventist Sustain demurrer to first, fourth and fifth causes of action of First Amended Complaint Strike Punitive Damages, allegations of recklessness Physician Surgery Center Sustain demurrer to First Amended Complaint Strike allegations subj...

Excerpt: ...xhibit A] RELIEF REQUESTED BY MOVING PARTY: Order compelling plaintiff Long Z. Liu to appear for deposition CHRONOLOGY Date NOTICE OF DEPOSITION served: February 9, 2021 Date of Deposition (10-day lapse): February 25, 2021 ok Date Motion Served: March 3, 2021 FACTUAL BACKGROUND: Plaintiff Long Z. Liu alleges that in April of 2014 plaintiff and defendant Landwin Investments, LLC entered into a lease agreement for property in San Gabriel which was ...

Excerpt: ...LIEF REQUESTED: Appointment of Receiver SUMMARY OF FACTS: The complaint is brought by the People of the State of California, by and through Karl H. Berger, City Attorney for the City of Monterey Park against the heirs or devisees of Mary C. Perez and various other defendants, for nuisance abatement and appointment of a receiver pursuant to Health & Safety Code section 17980.7. The complaint alleges that Mary C. Perez, was the owner of improved pr...

Excerpt: ...ing from fraud, and causes of action remedial for the specific harm alleged, damages to trees, and provides a clear formula for calculating damages. RELEVANT 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 Maria Allahverdian, the owners of property located at 658 Robin Glen Drive in Glendale, in June of 2017 hired gardeners and instructed the...

Excerpt: ...t Amended Complaint RELEVANT FACTS: Plaintiff Huntington Oaks Delaware Partners, LLC alleges that it is the owner of certain premises in Monrovia, and that in August of 1984, plaintiff's predecessor in interest and defendants' predecessor in interest entered into a written lease agreement for the rental of the subject premises. The complaint alleges that plaintiff has acquired the lessor's interest in the lease and defendant B.J.'s Pizza, Incorpo...

Excerpt: ...tract 2) Breach 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 a...

Excerpt: ...laint Strike Punitive Damages CAUSES OF ACTION: from Complaint 1) Breach of Contract (Bailment) 2) Conversion 3) Injunctive Relief 4) Fraud (Deceit) FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Joey Tiongson alleges that he and defendant Jack Diramarian had been friends for most of their lives, and that in 2015, plaintiff agreed to allow defendant Diramarian and the business entity defendant Scientific Automotive to possess plaintiff's 1989 Porsc...

Excerpt: ...Raipp (No Opposition) Relief Requested: Summary judgment, or in the alternative, summary adjudication, against Christine Charlier aka Christine Ramos aka Christine Raipp Causes of Action from Complaint 1) Breach of Contract 2) Common Count SUMMARY OF COMPLAINT: 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 e...

Excerpt: ...he was terminated in June of 2010 from his position as a police officer with defendant the City of Burbank Police Department, based on an investigation of an incident occurring during a take-over robbery by MS 13 gang members of the Portos Bakery in Burbank, with respect to concerns that an unknown officer had assaulted a witness in a police department hallway and another officer had witnessed the incident and failed to report it. Plaintiff alleg...

Excerpt: ...aint 1) General Negligence 2) Premises Liability Count One—Negligence Count Three—Dangerous Condition of Public Property SUMMARY OF FACTS: Plaintiff Gunner Guzman, through his GAL, alleges that in April of 2018, defendant Duarte Unified School District negligently maintained, inspected, repaired, managed, supervised and controlled the playground at Royal Oaks Stream Academy, as a result of which plaintiff slipped and fell at the premises, res...

Excerpt: ...o. 12.1 Further Responses to Special Interrogatories, Set One Further Responses to Request for Production, Set No. One from plaintiff Paul Carney Points & authorities supporting sanction: yes CHRONOLOGY Date Discovery served: March 22, 2020 Date Responses served: June 29, 2020 Date Motion served: March 12, 2021 Meet and Confer? Ok FACTUAL BACKGROUND: Plaintiffs allege that decedent John A. McGinnis was an elder as that term is defined in Welfare ...

Excerpt: ...s International, LLC alleges that it is the successor in interest to L.A. Fitness, Inc. with respect to a Lease agreement with defendant Hillcrest Main Street Associates, L.P., the owner of real property and building improvements in Alhambra, pursuant to which plaintiff, as tenant, leased the subject premises for the operation of a full-service health club and fitness facility. Plaintiff alleges that in the Lease defendant landlord represented th...

Excerpt: ...: Plaintiff Poonsook Brainangkul alleges that she is the owner of real property in Glendale where she resides as her principal residence. Plaintiff alleges that in July 2015, she submitted a loan modification application to defendant Select Portfolio Servicing, and was approved for a trial period plan, pursuant to which she would make three timely payments and thereafter her loan would be permanently modified. Plaintiff made all three payments, d...

Excerpt: ...eges 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”), inserted a dildo into plaintiff's anus over his clothing, causing plaintiff immediate pain. Plaintiff alleges that this incident occurred while the students were in a Spanish class during the time between periods, with permission to be in the classroom, and while the teacher sa...

Excerpt: ...(Quash) (No Oppositions) RELIEF REQUESTED: Further Responses to Form Interrogatories, Special Interrogatories Order quashing or modifying subpoenas for records FACTUAL BACKGROUND Plaintiff Jane CS Doe alleges that while plaintiff was a student at South Pasadena Middle School, under the care of defendant South Pasadena Unified School District, plaintiff was sexually harassed, molested and abused by defendant Deguzman, whom the District had hired t...

Excerpt: ... 2019, October 23, 2019 and July 16, 2020. FACTUAL BACKGROUND: The City of Bradbury has filed this action based on a Petition for Appointment of Receiver and for Other Relief pursuant to Health and Safety Code section 17980.7, alleging that residential property on Barranca Road in Bradbury is in such a state of disrepair and neglect that it is a substantial threat to the health and safety of its occupants and the nearby community. The petition al...

Excerpt: ...rly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc. Poonsook Brainagkul Request to Procedural Requirements of Motion [CRC Rule 3.350]:...

Excerpt: ...ED: Order allowing the filing of record and materials under seal Sustain demurrer to first, fourth and fifth causes of action of First Amended Complaint Strike Punitive Damages, allegations of recklessness CAUSES OF ACTION: from First Amended Complaint 1) Violation of 42 USC section 1395dd—Failure to Provide Medical Screening Examination 2) Violation of 42 USC section 1395dd—Failure to Stabilize And/Or Transfer 3) Violation of California Heal...

Excerpt: ...y 27, 2021 Demurrer filed on: March 22, 2021 Pleading served on: January 27, 2021 within 30 days?: Ok, Meet and confer decl. 2/18/21 Meet and Confer? Yes RELIEF REQUESTED: Sustain demurrer to Third Amended Complaint Strike irrelevant, immaterial allegations, Statutory Damages, Special Damages, Attorneys' Fees, Punitive Damages CAUSES OF ACTION: from Third Amended Complaint 1) Conversion (Count One) 2) Conversion (Count Two) SUMMARY OF FACTS: Plai...

Excerpt: ...on a claim for money based upon a contract, express or implied, where the total amount of the claim is a fixed or readily ascertainable amount not less than $500, exclusive of costs, interest and attorney's fees] Claim is for amount due under written Lease Agreement between The Daniel Mellinkoff Trust Dated June 9, 1995 and defendant Yi Dong Seafood Restaurant, Inc. for the lease of premises in Pasadena, which lease was guaranteed by defendant Se...

Excerpt: ...adia, which she occupies as her principal residence, and that during the course of paying off the mortgage loan on the subject property, in February of 2015, defendants' predecessor in interest, Shellpoint Mortgage Servicing, on behalf of the holder in due course of the mortgage loan, offered to settle the entire unpaid principal balance under the subject loan ($48,381.59) with a one-time lump sum payment of $19,352.64 due by April 15, 2015. Plai...

Excerpt: ...Breach of Implied Warranty of Habitability 2) Battery 3) Negligence—Premises Liability—Failure to Warn 4) Nuisance 5) IIED 6) NIED 7) Breach of Contract 8) Breach of Covenant of Quiet Enjoyment SUMMARY OF FACTS: Plaintiffs Sharon Suzanne Bui, Thy Tran Thahn Vu, and Jesse Turner Crawford, IV allege that from August 30, 2018 through September 3, 2018, they stayed as guests pursuant to a rental agreement, at premises in San Gabriel, owned or man...

Excerpt: ...unitive, treble damages, attorneys' fees CAUSES OF ACTION: from Complaint 1) Negligence v. All Defendants 2) Negligent Supervision v. All Defendants 3) Negligent Hiring/Retention v. All Defendants 4) Negligent Failure to Warn, Train or Educate v. All Defendants 5) Constructive Fraud v. All Defendants 6) Breach of Fiduciary Duty v. All Defendants 7) IIED v. All Defendants 8) Sexual Harassment v. All Defendants 9) Sexual Battery v. Deguzman 10) Gen...

Excerpt: ...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 electrical wire, ...

Excerpt: ...matter is improperly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc. Poonsook Brainagkul Request to Procedural Requirements of Motion ...

Excerpt: ... Inzalaco “Joinder” by defendant County of Los Angeles-- summary judgment on its own behalf Causes of Action from First Amended (Form) Complaint 1) Premises Liability SUMMARY OF COMPLAINT: Plaintiff Virginia Inzalaco alleges that in February of 2020, she was walking along a public sidewalk between a parking lot operated by defendant City of Temple City and 5829 Temple City Boulevard in Temple City, when she tripped on an uneven concrete sidew...

Excerpt: ...native, summary adjudication of each cause of action Causes of Action from Second Amended Complaint 1) Discrimination 2) Failure to Prevent Discrimination Government Code sections 12940 (a) and 12940 (k) 3) Retaliation in Violation of Government Code section 12940 (h) SUMMARY OF COMPLAINT: Plaintiff Micko White alleges that he was employed by defendant the City of Pasadena in its Water and Power Department for over thirty years, and that during t...

Excerpt: ...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 defendants Michael Scott Dowell and Julia L. Dowell, who are husband and wife, and are the beneficiaries of a deed of trust recorded against the ...

Excerpt: ...ignee of claims from its assignor Medico Linen Supply for debts due by defendants Arturo Perez Cedillo, individually and dba Massage Plus Company, and Kanitta Srikong, individually and dba Massage Plus Company. The complaint seeks sums in the amount of $48,918.16. The file shows that on September 30, 2020, plaintiff filed a Request for Entry of Default of defendant Kanitta Srilong, which was entered as requested the same date. ANALYSIS: Defendant...

Excerpt: ...ud 3) Elder Abuse SUMMARY OF FACTS: Plaintiff Elva Castorena alleges that plaintiff entered into a written contract with defendant Pacific Coast Home Solutions, Inc. for significant home remodeling work, and that separate contracts were formed between plaintiff and defendant ASO, LLC and defendant1st Point Lending for a loan to pay for the work. Plaintiff also alleges that a third agreement existed between plaintiff and defendant HERO Program, wh...

Excerpt: ...int Strike Punitive Damages, allegations of recklessness CAUSES OF ACTION: from First Amended Complaint 1) Violation of 42 USC section 1395dd—Failure to Provide Medical Screening Examination 2) Violation of 42 USC section 1395dd—Failure to Stabilize And/Or Transfer 3) Violation of California Health and Safety Code section 1317 4) IIED 5) Negligent Hiring, Supervision, or Retention of Employee SUMMARY OF FACTS: Plaintiff Shake Rubyan alleges t...

Excerpt: ...Harrison RELIEF REQUESTED: File a Second Amended Complaint Date Original Complaint filed: November 5, 2019 Effect of Amendment Joins defendants The American National Red Cross, Natalie Del Castillo, Giancarlo Dimassa, M.D., P.C., Dimassa Family Trust, Trevor Borham and Life Saving Certified, adds a cause of action for fraud, adds allegations of gross negligence RELEVANT FACTS: Plaintiffs Elena Matyas and Douglas Forbes, the parents of decedent Ro...

Excerpt: ...s of Action from Second Amended Complaint 1) Legal Malpractice 2) Negligent Advice to Client 3) Constructive Fraud 4) Breach of Fiduciary Duty 5) Breach of Contractual Commercial Lease 6) Intentional Misrepresentation of Material Facts 7) Fraud in the Inducement 8) Negligence 9) Breach of Warranty of Quiet Enjoyment 10) Constructive Eviction 11) Breach of the Covenant of Good Faith and Fair Dealing 12) IIED 13) Breach of Oral Contract 14) Breach ...

Excerpt: ...express indemnity in the cross-complaint Summary adjudication as to the claim for negligent entrustment in the first cause of action for negligence Causes of Action from Cross-Complaint 1) Negligence 2) Contractual Indemnity 3) Equitable Indemnity 4) Contribution 5) Declaratory Relief SUMMARY OF FACTS: Plaintiff Lisa Goodrich alleges that on June 19, 2017, while she was a passenger in a vehicle which was entering an intersection, defendant Guille...

Excerpt: ...matter is improperly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc. Poonsook Brainagkul Request to Procedural Requirements of Motion ...

Excerpt: ...Set Two Responses to Request for Production of Documents, Set One Responses to Request for Production of Documents, Set One Order Deeming Requests for Admissions Admitted CHRONOLOGY Date Discovery served: October 2, 2020 Extensions of time to respond until: December 14, 2020 Date Responses served: December 15, 2020, no verifications Date Motion served: January 20, 2020 Timely OPPOSITION: No opposition. ANALYSIS: Interrogatories and Documents Unde...

Excerpt: ... to permit discovery into matters relating to the enforcement of the preliminary injunction issued in this case. 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, trucking, repairing, warehousing and repackaging services, as well as handling...

Excerpt: ... Complaint filed: October 2, 2018 Effect of Amendment Adds cause of action for constructive trust, adds an additional defendant, Prapis Lertsmitivanta, and amend allegations to reflect newly discovered information RELEVANT FACTS: Plaintiff Prapai Benjauthrit brings this action against her brother, defendant Booseing Benjauthrit, alleging that the parties took title to four properties on Marion Drive in Glendale in 1977 as joint tenants, with the ...

Excerpt: ...operty in Pasadena, located at 285 Arlington, which is within a common 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 contra...

Excerpt: ...omplaint 1) Negligence 2) Assault and Battery 3) IIED 4) NIED 5) Negligent Supervision, Negligent Hiring, and Retention SUMMARY OF FACTS: 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”), inserted a dildo into plaintiff's anus over his clothing, causing plaintiff immediate pain. Plaintiff alleges tha...

Excerpt: ... Indebitatus Assumpsit 5) Quantum Meruit 6) Money Lent 7) Money Paid 8) Account Stated SUMMARY OF FACTS: Plaintiff BLT Communications, LLC alleges that in October of 2017, plaintiff entered into a written agreement with defendants Facing East Entertainment, a partnership, pursuant to which plaintiff agreed to provide various entertainment services, which plaintiff performed. The Third Amended Complaint alleges that defendants Markus Barmettler, F...

Excerpt: ...FACTUAL AND PROCEDURAL BACKGROUND: 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 unit, and that ...

Excerpt: ...t plaintiff In the alternative, summary adjudication of each cause of action and claim for general damages Causes of Action from First Amended Complaint 1) Violation of Consumer Legal Remedies Act 2) Violation of Song-Beverly Act SUMMARY OF COMPLAINT: Plaintiff Tamara Hopkins alleges that in December of 2015 she purchased a vehicle from defendant Carmax Auto Superstores California, LLC as seller. Plaintiff alleges that prior to purchasing the veh...

Excerpt: ...e [Exhibit 14] RELIEF REQUESTED BY MOVING PARTY: Order compelling the defendant to produce a PMQ for all categories enumerated in the deposition notice, and directing defendant to comply within ten calendar days DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Ex.15, Kim Decl., para. 10 MONETARY SANCTION REQUESTED BY MP: No Monetary Sanctions sought FACTUAL BACKGROUND: Plaintiff Livia Chandra alleges th...

Excerpt: ...matter is improperly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc. Poonsook Brainagkul Request to Procedural Requirements of Motion ...

Excerpt: ...intiff Akop Torosian retained the services of defendant Arutyun Fitilchyan, a locksmith, to provide locksmith services at plaintiff's residence in Glendale. When defendant failed to show up for a scheduled meeting, and plaintiff called defendant to find out his estimated time of arrival, defendant became upset, using profanity and abusive language. Plaintiff contacted defendant Ashot Mkhitaryan, defendant Fitilchyan's apprentice, whom plaintiff k...

Excerpt: ...her Response to Form Interrogatories, Set One, Number 10.3 Further Response to Special Interrogatories, Set One, Number 5 Orders quashing subpoena for production of business records issued by defendant Dedicato Treatment Center, Inc. on the custodian of records for Dr. George Tang. DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes FACTUAL BACKGROUND: Plaintiff Linda Jean Pawlik alleges that after several ...

Excerpt: ...ding Inc. Construction dba Building Construction Group on the second and seventh causes of action set forth in the Complaint filed by plaintiffs. CAUSES OF ACTION: from Third Amended Complaint 1) Rescission (SWH Contracts) 2) Rescission (BCG Contract) 3) Fraud (SWH Contracts) 4) Fraud (BCG Contract) 5) Breach of Fiduciary Duty 6) Professional Negligence 7) Violation of Business and Professions Codes 8) Breach of Contract (SWH Contracts) 9) Breach...

Excerpt: ...ch he intends to develop, and that he took title and possession of the property with notice that defendants Scott Heitkamp and Lorraina Arceo, the owners of property adjoining the subject property, used a walking path across the property to access the adjoining property. Plaintiff alleges that plaintiff has discovered that no easement has been recorded against the subject property for the walking path, that the prior owner of the property was fri...

Excerpt: ...use of Prayer, Inc. (No Opposition) Cross-Complainant Sherrie Carr (Strike—No Opposition) RELIEF REQUESTED: Evidence sanctions precluding defendants from presenting any evidence in support of affirmative defenses in answers or evidence of damages claimed on cross-complaint Evidence sanctions precluding defendants from introducing any documents at trial Strike seventh cause of action from Second Amended Cross-Complaint CHRONOLOGY Date Discovery ...

Excerpt: ...of Good Faith and Fair Dealing 3) Intentional Interference with Contractual Relationship 4) Harassment 5) Private Nuisance 6) IIED 7) Loss of Consortium SUMMARY OF FACTS: Plaintiff American Express National Bank brings this action to collect sums allegedly due to plaintiff by defendant Matthew Klint for failure to repay credit extended to defendant for purchases or cash advances on two American Express credit card accounts. Defendant Klint has fi...

Excerpt: ...rly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc. Poonsook Brainagkul Request to Procedural Requirements of Motion [CRC Rule 3.350]:...

Excerpt: ...nik Nazaryan (No Opposition) Relief Requested: Order entering summary judgment, or in the alternative, summary adjudication against defendant Onnic Nazaryan Causes of Action from Complaint 1) Breach of Contract 2) Common Count 3) Claim & Delivery * 4) Conversion * *Causes of Action dismissed without prejudice pursuant to Request for Dismissal on 12/22/21 SUMMARY OF COMPLAINT: Plaintiff Financial Services Vehicle Trust, by and through its servicer...

Excerpt: ...ical Malpractice 2) Negligence- Design, Manufacture and Sale 3) Strict Products Liability—Failure to Warn 4) Negligence—Failure to Warne 5) Negligence 6) Fraud—Intentional Misrepresentation 7) Fraud—Negligent Misrepresentation SUMMARY OF FACTS: Plaintiff Jason Steger alleges that in October of 2016, plaintiff was admitted to defendant CSJ Providence St. Joseph Medical Center with abdominal pain, and that defendants, various medical provid...

Excerpt: ...ESTED: Evidence sanctions precluding defendants from presenting any evidence in support of affirmative defenses in answers or evidence of damages claimed on cross-complaint CHRONOLOGY Date Discovery served: February 7, 2020 Extension to Respond to: April 10, 2020 (Decl., para. 5) Date Responses served: NO RESPONSES SERVED Date of Court Order: September 18, 2020 (Responses and Production Due within ten days, RFAs verified responses by 10/16/20; sa...

Excerpt: ...manufactured or distributed by defendants General Motors and Allen Gwynn Chevrolet, and that within days of plaintiff acquiring the vehicle, and during the warranty period, the vehicle contained or developed defects, including defects related to the vehicle's stop and start system, defects which would not allow the engine to engage or the vehicle to operate, and defects causing the rear doors open while the vehicle was in motion. The complaint al...

Excerpt: ...ons Admitted CHRONOLOGY Date Discovery served: August 6, 2020 Extension to Respond to: October 1, 2020 Date Responses served: NO RESPONSES SERVED Date Motion served: November 5, 2020 Timely ANALYSIS: Document Demands Under CCP § 2031.300, “if a party to whom a demand for inspection, copying, testing or sampling is directed fails to serve a timely response to it,” that party “waives any objection to the demand, including one based on privil...

Excerpt: ...ATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Euredjian Decl., para. 4, Ex. 3 FACTUAL BACKGROUND: Plaintiff Sheldon Rabinowitz 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 excis...

Excerpt: ...matter is improperly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc. Poonsook Brainagkul Request to Procedural Requirements of Motion ...

Excerpt: ...ject matter jurisdiction FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Sam Rotter brings this action against defendant Cheryl Strange, in her official capacity as Secretary of the Department of Social and Health Services for Washington State, alleging that a divorce took place in Washington on August 5, 1998, with court proceedings being conducted with the wife being represented by counsel while husband's counsel left precipitously, forcing an unp...

Excerpt: ...ments and failed to pay a total outstanding loan balance due in excess of $339,421.33. The file shows that on April 27, 2020, plaintiff filed a Request for Entry of Default, which was entered as requested the same date. On April 30, 2020, defendant filed an Answer to Unverified Complaint, which was accepted for electronic filing. At a Case Management Conference on August 24, 2020, the minute order indicates that the Court inspected the Default an...

Excerpt: ...matter is improperly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc. Poonsook Brainagkul Request to Procedural Requirements of Motion ...

Excerpt: ...iff MONETARY SANCTION Notice stating person/party/counsel against whom sanction being sought: Plaintiff and counsel Notice stating amount sought: $940, each of 3 motions Declaration supporting amount sought: 5 hours preparing moving papers/3 motions 3 hours preparing replies / 3 motions @ $330 per hour Filing fees = $60 TOTAL= $960 for each of three motions Points & authorities supporting sanction: yes CHRONOLOGY Date Discovery served: October 28...

Excerpt: ...Bureau, Inc. (Relief from Waiver) Defendant Richardson Ober PC (Terminating) RELIEF REQUESTED: Relief from waiver of objections and for a protective order Terminating sanctions. In the alternative, further responses to Demand for Production of Documents CHRONOLOGY Date Discovery served: March 26, 2020 Extension to Respond to: May 11, 2020 Date Responses served: October 16, 2020 (Untimely) FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Creditors Adj...

Excerpt: ...ri alleges that in July of 2014 he entered a written agreement with defendants Govind Vaghashia dba Quality Inn and Suites, Sonal Vaghashia dba Travelodge Burbank, Prashant Vaghashia dba Quality Inn Burbank Airport, Mita Vaghashia and Vaghasia Family Partnership Limited, the owners of hotels/motels in Southern California, wherein it was agreed that plaintiff would be responsible for the management of defendants' Quality Inn hotel/motel in Burbank...

Excerpt: ... Protective Order Order quashing or for protective order regarding deposition subpoena for production of business records to Vincent Dudziak, deposition subpoena for personal appearance and production directed to Jeff Mullins, and notice of deposition of defendant Stull, or to stay the taking of the depositions of Mullins and Stull CAUSES OF ACTION: from Second Amended Complaint 1) Breach of Contract 2) Open Book Account 3) Account Stated 4) Reas...

Excerpt: ...ation for Writ and all declarations or affidavits in support of motion (CCP §512.010) __X__ Memo of Points & Authorities (CCP § 512.050) __X__ Proof of Service (CCP § 512.030) GROUNDS FOR MOTION Showing of the basis of the plaintiff's claim and that entitled to possession? Plaintiff Financial Services Vehicle Trust (“FSVT”), through its servicer BMW Financial Services NA, LLC, (“BMW FS”) is an assignee of a Motor Vehicle Lease Agreemen...

Excerpt: ...to resolve informally: ok, Ulrich Decl., para. 7 FACTUAL BACKGROUND Plaintiff Mark Leeds alleges that in February of 2014, he retained defendant Charles Clark to represent him in an underlying action plaintiff had filed for declaratory relief against The Law Offices of Reino & Iilda, stemming from a purported contractual agreement between plaintiff and the Law Offices whereby plaintiff was to receive 25% of attorney fees earned for workers compen...

Excerpt: ...ed into in good faith PROPOSED ORDER LODGED? No FACTS: Plaintiffs allege that all times mentioned decedent John A. McGinnis was an elder, as that term is defined in Welfare & Institutions Code section 15610.27. The complaint alleges that on January 16, 2018, decedent was admitted to defendant Pasadena Hospital dba Huntington Memorial Hospital (“Huntington”), and that immediately before his admission it had been determined by plaintiffs that d...

Excerpt: ...int. Causes of Action from Complaint 1) General Negligence v. All Defendants 2) Premises Liability v. Shea Properties Management Company, Inc. SUMMARY OF COMPLAINT: Plaintiff Steven J. Perez alleges that in January of 2016 he parked his vehicle in in a designated parking space next to a parking lot island located at a parking lot in Alhambra, which was at that time still under construction. Plaintiff alleges that he stepped out of his vehicle and...

Excerpt: ...matter is improperly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc. Poonsook Brainagkul Request to Procedural Requirements of Motion ...

Excerpt: ...t shareholder of Chess Park @ BMPP, Inc. (the “Company”), and one of two directors, serving as the Company secretary, and that defendant Albert Barseghian is a fifty percent shareholder in the Company, one of two directors of the Company, and serves as the Company's CEO and CFO. The Company operates a high end restaurant called Chess Park and a Big Mama's and Papa's Pizzeria. Plaintiff alleges that he and his brother built the business and th...

Excerpt: ...ation of Health & Safety Code sections 7100 et seq. 2) Negligence 3) Fraud 4) Intentional Misrepresentation 5) Negligent Misrepresentation 6) Breach of Implied Covenant of Good Faith and Fair Dealing 7) Conversion 8) IIED SUMMARY OF FACTS: Plaintiff Iwona Zolnierkiewicz alleges that she is the daughter of decedent Malgorzata Krolikowski, the next in kin with ownership and control of Krolikowski's human remains. The FAC alleges that on September 1...

Excerpt: ... and alleging various causes of action, including for abuse of process, trespass, and violation of her Fourth Amendment and privacy rights. The City prevailed on a special motion to strike White's cross-complaint under CCP § 425.16, and successfully opposed White's subsequent anti-SLAPP motion against the City's complaint. White appealed from the orders granting the City's anti-SLAPP motion and denying her anti-SLAPP motion, as well as from the ...

Excerpt: ... sixth causes of action of Second Amended Complaint Sustain Demurrer to first through seventh causes of action of Second Amended Complaint CAUSES OF ACTION: from Second Amended Complaint 1) Violation of the Immigration Consultants Act/Conspiracy 2) Fraud--Intentional Misrepresentation/Conspiracy 3) Fraud—Fraudulent Concealment/Conspiracy 4) Breach of Fiduciary Duty 5) Violation of B & P Code section 17200 6) Accounting 7) Legal Malpractice SUMM...

Excerpt: ...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 electri...

Excerpt: ...rs at Lloyd's, London Plaintiff East West Bank Relief Requested: Plaintiff's Motion Summary judgment in favor of plaintiff East West and against defendant In the alternative, summary adjudication of issues Defendant's Motion Summary judgment as to plaintiff East West Bank's First Amended Complaint In the alternative, summary adjudication as to both causes of action against moving defendant Causes of Action from First Amended Complaint 1) Breach o...

Excerpt: ...iff Jeffrey Cancilla Responding Party: Court Receiver Carl G. Petta RELIEF REQUESTED: Finding that assets not subject to receivership estate Claim Priority SUMMARY OF FACTS: The Lead Case, No. EC 069174, is brought by American Money Group, Inc. and Gregg Knight as plaintiffs, which allege that beginning in January of 2016, defendant Ten Minute Title Loans Holding, LLC (“TMTL”) and plaintiffs entered into written Subscription Agreements whereb...

Excerpt: ...e default and default judgment FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff H Cubed Properties alleges that defendants Duane Jason Thielen, Fortune Foreclosures, LLC and Flipping on Demand Inverted Wholesaling, LLC, identifying themselves as nationally and internationally recognized experts in real estate investing, began in late 2016 to solicit plaintiff H Cubed Properties offering investment properties in Pennsylvania for purchase, rehabilitati...

Excerpt: ...matter is improperly classified. Plaintiff's Motion for Consolidation of Cases is DENIED. REQUESTED RELIEF: Reclassify Case No. 16P04843 from Limited to Unlimited Jurisdiction CONSOLIDATE the following cases: Case No. Plaintiff(s) Defendant(s) EC 065616 Poonsook Brainangkul Select Portfolio, The Wolf Firm Bank of New York Mellon, Volantis Global, Inc. 16P04843 Volantis Global, Inc. Poonsook Brainagkul Request to Procedural Requirements of Motion ...

Excerpt: ...in good faith PROPOSED ORDER LODGED? Yes FACTS: Plaintiff Pasadena Hasting Center alleges that it owns property in Pasadena improved with a commercial retail center and accompanying parking lots and landscaping, which is adjacent to property owned by defendant Sapphos Environmental, Inc. of which defendant Marie Campbell is the Chief Executive Officer. Plaintiff alleges that in November 2016 defendants contacted the City of Pasadena requesting th...

Excerpt: ...action against her former employer, defendant First Wilshire Securities Management, Inc., alleging that from March of 2003 through February 28, 2015, she worked as Director of Client Relations, pursuant to Agreements setting forth commissions that defendant employer was to pay plaintiff. Plaintiff alleges that defendant altered plaintiff's commission formula in 2010 as part of a scheme to intimidate plaintiff, and also changed other employment co...