Excerpt: ...dant 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 alleges that defendants failed to follow up on references to school and inoculation records to establish that at the time of the alleged incident, plaintiff was only eleven years old, not betwe...

Excerpt: ... (Respondent has already appeared in Superior Court: Plaintiff filed action) Copy of agreement included and referenced: Ex. A Demand and refusal to arbitrate: None mentioned No waiver of right to compel arbitration: None mentioned No grounds for rescission of agreement to arbitrate: 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...

Excerpt: ...ction from Second Amended Complaint 1) Quiet Title 2) Partition 3) Accounting 4) Constructive Trust 5) Fraud 6) Financial Elder Abuse SUMMARY OF COMPLAINT: Plaintiff Prapai Benjauthrit brings this action against her brother, defendant Boonsieng Benjauthrit, alleging that the parties took title to properties in Glendale in 1977 as joint tenants, with one of the subject properties to be the principal place of residence of plaintiff. Plaintiff alleg...

Excerpt: ... Effect of Amendment Adds cause of action for negligence Specifies construction defects, issues to be addressed by expert witnesses RELEVANT 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 alleg...

Excerpt: ... Garcetti Responding Party: Plaintiffs B&S Fitness Systems, Inc. dba World Gym Tujunga and Brian Hewitt RELIEF REQUESTED: County Defendants Ferrer and Villanueva Sustain demurrer to first through third causes of action of Second Amended Complaint State Defendants Sustain Demurrer to Second Amended Complaint Mayor Garcetti Sustain Demurrer to first through third causes of action of Second Amended Complaint CAUSES OF ACTION: from Second Amended Com...

Excerpt: ...ird causes of action of Third Amended Complaint Strike improper allegations, punitive damages HHS Construction, Inc. Strike punitive damages CAUSES OF ACTION: from Third Amended Complaint 1) Dangerous Condition of Public Property 2) General Negligence and Gross Negligence 3) Premises Liability 4) Motor Vehicle SUMMARY OF FACTS: Plaintiff Mark Ellensohn alleges that on June 9, 2015, plaintiff was traveling on Interstate 5 southbound approximately ...

Excerpt: ...t 1) Breach of Contract 2) Fraud 3) Declaratory Relief 4) 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 on Dublin Drive in Glendale, which plaintiffs have rented from defendant since February of 2019. Plaintiffs allege that on August 1, 2021, plaintiffs and defendant entered into an agreement for plaintiffs' purchase o...

Excerpt: ...ruction, P.C. Defendant(s) - Corazon Nieves, individually and as Trustee Case No. 22 GDCV00004 Plaintiff(s) - Corazon Nieves, individually and as attorney in fact for Rene Simon Defendant(s) U.S. Bank National Association, US Bancorp, Dixieline Builders Fund Control, Inc. and Pro Build Procedural Requirements of Motion Mandatory in notice All named parties in each case: Yes Names of parties who have appeared: Yes Names of each party's respective ...

Excerpt: ...der CCP §1005(b)? ok Defendant's initial appearance, on or before last day to plead? ok, stipulation FACTUAL BACKGROUND: Plaintiffs Andrew Bergman, Andrew Bondarczuk, Edward Bondarczuk, Matthew Bondarczuk, Steve Bondarczuk, Cain Hernandez, Joshua Miller, Aaron Mullenix, Christopher Nuesa, Jane Park, William Marc Salsberry, Trever Schmidt, Aaron Stogner, Brian Walters, and Carlos Zoller allege that they are members and investors in Shepherds, LLC...

Excerpt: ...as and Scott Haas Plaintiffs' Motion Defendants Theresa Murphy and Michael Murphy Relief Requested: Defendants' Motion Summary Judgment in favor of defendants Murphy and against plaintiffs Haas on their second amended complaint. In the alternative, summary adjudication in favor of defendants and against plaintiffs as to each and all causes of action in the second amended complaint Plaintiffs' Motion Summary adjudication in favor of Plaintiffs on ...

Excerpt: ...ination that settlement described below was made in good faith SUMMARY OF FACTS: This action is brought by the spouse and son and daughter of decedent Armen Yeghiayan, plaintiffs Rita Mahdessian, Armen Yeghiayan, and Tamar Yeghiayan, alleging that in April of 2017, decedent, who was then 81 years old, was admitted to defendant Glendale Memorial Hospital to have elective surgery performed by defendant Dr. Perez. During the procedure, Dr. Perez fou...

Excerpt: ... Glendale I Mall Associates, LP in the sum of $9,570.06. SUMMARY OF FACTS: Plaintiff Golden Canyon, Inc. dba Street Corner News alleges that it entered into a written Lease agreement with defendant Glendale I Mall Associates, LP, and that defendant breached the agreement by failing to provide the leased premises in good order and satisfactory condition in violation of Article 10 of the Lease, and by failing to provide repairs to internal pipes of...

Excerpt: ...udgment in favor of defendants Bank of America, N.A and Recon Trust Company, N.A. against plaintiff Causes of Action from Third Amended Complaint 1) Violation of Civil Code section 2924.17 2) Violation of Business and Professions Code section 17200* *Demurrer sustained without leave to amend on July 8, 2015, pursuant to June 22, 2015 remittitur and decision of the court of appeal. SUMMARY OF COMPLAINT: This is a wrongful foreclosure action origin...

Excerpt: ...ntiff's possession so that plaintiff can adopt Neptune to a family of plaintiff's choosing without any interference by defendant. FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Bella and Sunshine Rescue, Inc. (“Bella”) alleges that it is a non-profit rescue focusing on assisting homeless and sheltered Doberman Pinchers, with a priority to save Doberman and Doberman mixes that are in shelters and are in danger of euthanasia due to not being clai...

Excerpt: ...ved (by email): January 28, 2022 Date Responses served: March 2, 2022 Date Motion served: April 19, 2022 Meet and confer: Yes 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, and entered into a business relationship with de...

Excerpt: ...ested: Enforce Settlement Order enforcing settlement agreement between plaintiffs and defendants Judgment on the Pleadings Entry of Judgment in favor of Plaintiff and against Defendants on the second through sixteenth, nineteenth and twentieth affirmative defenses in Answer AFFIRMATIVE DEFENSES: From Answer to First Amended Complaint 1) Failure to allege facts sufficient to constitute a claim 2) Intervening tort-feasor 3) Failure to mitigate dama...

Excerpt: ... favor of plaintiff and against defendant Causes of Action from (Form) Complaint 1) Common Counts Open Book Account Account Stated Goods, Wares and Merchandise Sold and Delivered Other SUMMARY OF COMPLAINT: Plaintiff American Express National Bank alleges that defendant Marcia Thompson aka Marcia Kim Thompson became indebted to plaintiff on an open book account for money due and because an account was stated in writing between the parties in whic...

Excerpt: ...fied) SUMMARY OF FACTS: Plaintiff, Dorelle Dean (“Plaintiff”), filed a complaint on October 25, 2018, commencing the instant action. Plaintiff filed a first amended complaint (“FAC”) on November 4, 2019, after this Court sustained a demurrer to her original pleading. The FAC asserts causes of action for negligence and statutory liability, though Plaintiff does not specify in her pleading under which statute she asserts her second cause of...

Excerpt: ... Duty (Constructive Fraud) 2) Fraud 3) Breach of Contract 4) Breach of Contract 5) Money Lent and Money Had and Received SUMMARY OF FACTS: Plaintiffs Daryoush Kavian and Said Fallaahi allege that prior to the events described in the FAC, plaintiffs were business acquaintances, and that when Kavian decided to sell a home that he owned and wanted to invest the proceeds of that sale in a business, he and Fallahi decided to enter into a partnership t...

Excerpt: ...ntiff and her 16-year-old son have been residing at a condominium unit and that Armen Arutyunyan, their possible landlord, is also a defendant in a separate personal injury suit brought by plaintiff. The FAC alleges that on February 14, 2021, at around 10 pm, when plaintiff was taking out her trash and walking her dog, two men came up and threatened plaintiff with a gun, pressuring plaintiff to drop her lawsuit against defendant and the other def...

Excerpt: ...OGY Date Discovery served: November 30, 2021 Extensions of time to respond until: January 24, 2022 (Exhibit B) Date Responses served: NO RESPONSES SERVED Date Motion served: February 15, 2022 Timely OPPOSITION: No opposition ANALYSIS: This is an underinsured motorist claim which has been assigned a case number for purposes of enforcing discovery. Under Insurance Code § 11580.2(f)(2), an insured or insurer in connection with such a claim may appl...

Excerpt: ...Extensions to Further Respond to: May 13, 2022 Date Motion served: May 16, 2022 FACTUAL BACKGROUND: On September 5, 2017, Plaintiff Dennis P. Block, individually and dba as Dennis Block and Associates, filed a complaint against Defendant John Doe, et al. The action is for libel and alleges: (1) Invasion of Privacy (2) Libel (3) Libel Per Se (4) IIED (5) NIED (6) Intentional interference with Prospective Economic Advantage, and (7) Unfair Business...

Excerpt: ...ording directly to plaintiff's expert upon request of such expert. 2. Order confirming that all provisions contained in the previous court order regarding the IME Notice shall be enforced, with the minor changes reflected in the Amended IME Notice. FACTUAL BACKGROUND: 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, wher...

Excerpt: ...intiff Michael Kremerman alleges that plaintiff entered into a written lease for property located in Studio City with defendant Andrea White, pursuant to which defendant agreed to pay plaintiff the sum of $16,000 per month, payable on the first of the month, which lease was extended by an extension which extended the term to March 31, 2019. The premises were sold by plaintiff on March 5, 2019. Plaintiff alleges that defendant occupied the premise...

Excerpt: ...covery served: February 7, 2022 Extension to Respond to: March 28, 2022 (Ex. C) Date Responses served: NO RESPONSES SERVED Date Motion served: April 22, 2022 Timely OPPOSITION: No opposition ANALYSIS: Under CCP § 2033.280, a party who fails to serve a timely response to requests for admissions “waives any objection to the requests.” In addition, the requesting party may move for an order that “the truth of any matters specified in the requ...

Excerpt: ...SES OF ACTION: from Complaint 1) Breach of Implied Covenant of Good Faith and Fair Dealing 2) Breach of Contract 3) Unfair Business Practices SUMMARY OF FACTS: Plaintiff Aram Termartirosyan alleges that defendant State Farm Mutual Automobile Insurance Company (“State Farm”) issued plaintiff an automobile insurance policy for plaintiff's vehicle, which was in full force and effect on September 9, 2020, when, while plaintiff was driving the veh...

Excerpt: ... Responses to Request for Production of Documents (Set One) CHRONOLOGY Date Discovery served: January 21, 2022 Date Responses served: NO RESPONSES SERVED Date Motions served: April 14, 2022 Timely OPPOSITION: No opposition. ANALYSIS: Under CCP § 2030.290, “If a party to whom interrogatories are directed fails to serve a timely response,” that party “waives any legal right to exercise the option to produce writings...as well as any objectio...

Excerpt: ... 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 dementia and that after a hospitalization when decedent's condition had stabilized, decedent was admitted to defendant Glendale Post-Acute Center, a facility owned, operated, or managed by defendant LAC Verdugo Operations, LLC. The First Amended Complaint alleges that during ...

Excerpt: ...ed Demurrer Sustain demurrer to First Amended Complaint CHRONOLOGY Date Discovery served: February 17, 2022 Date Responses served: NO RESPONSES SERVED Date Motion served: April 11, 2022 Timely CAUSES OF ACTION: from First Amended Complaint 1) Violation of Labor Code section 226.8 2) Failure to Pay Overtime 3) Failure to Provide Meal Break 4) Failure to Provide Rest Break 5) Failure to Timely Pay All Wages Due 6) Failure to Pay Wages Due at Termin...

Excerpt: ...inancial Services are the assignees of a written Motor Vehicle Lease Agreement with defendant Grigori Sedrakyan and Scoobeez LLC for the lease of a motor vehicle. [Ex. A]. Under the Agreement, upon a default, plaintiffs have the right to take possession of the vehicle. [Ex. A ¶ 23]. Scoobeez LLC filed for Chapter 11 bankruptcy protection, and during the pendency of the bankruptcy, it was agreed that Scoobeez would reject the Agreement and relinq...

Excerpt: ...ospice, 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 facility located in Victorville. The complaint alleges that during his admissions to those facilities, defendants engaged in negligence, elder abuse and neglect by permitting Thompson to develop several severe pressure ulcers, and permitting them to ...

Excerpt: ...(Discovery) RELIEF REQUESTED: Strike Strike punitive damages Discovery Order permitting discovery of defendant's financial condition CAUSES OF ACTION: from Second Amended Complaint 1) Premises Liability SUMMARY OF FACTS: Plaintiffs Adelina M. and Salvador Alvizures allege that they are spouses, and that while plaintiffs were paying tenants at premises in Sun Valley which were owned and managed by defendant Minas Development, LLC, plaintiff Adelin...

Excerpt: ...tion (“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 Excelsior HOA. Plain...

Excerpt: ...rsahakian alleges that at the height of the pandemic, plaintiff and her family suffered water damage to their home which forced them to move in with plaintiff's mother-in-law at the residential complex operated by defendant Casa De Valley View Owner's Association (the “Association”). Plaintiff alleges that she is a legally blind individual and was also pregnant at the time. Plaintiff alleges that one evening, plaintiff's service animal, a sma...

Excerpt: ...llegations of gross negligence to the second cause of action for negligence, adds causes of action for fraud/concealment, conspiracy to commit fraud, and IIED. RELEVANT FACTS: 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 the freeway, hanging ...

Excerpt: ... 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 possible landlord, is also a defendant in a separate personal injury suit brought by plaintiff. The FAC alleges that on February 14, 2021, at around 10 pm, when plaintiff was taking out her trash and walking her ...

Excerpt: ...om First Amended Complaint 1) Negligent Supervision and Retention v. JC Penney, Sephora 2) False Imprisonment v. JC Penney, Sephora, Oliveros 3) Defamation/False Light/Slander of Title v. All Defendants 4) Invasion of Privacy/Unreasonable Intrusion v. JC Penney, Sephora 5) Assault and Battery v. JC Penney, Sephora 6) Fraud Worked on an Agent v. JC Penney, Sephora, Galleria 7) IIED v. All Defendants SUMMARY OF FACTS: Plaintiff Athena Rivera allege...

Excerpt: ...allegedly due on a credit account. Plaintiff alleges that it is the successor in interest to original creditor, WebBank, and that plaintiff is a debt buyer, the sole owner of the debt at issue, which purchased the debt after charge-off. Plaintiff alleges that the charge-off creditor at the time of charge-off is Upgrade, Inc., and the name of the debtor as it appeared in the charge-off creditor's records is defendant Naira Vatyan. The complaint al...

Excerpt: ... 3) Breach of Covenant of Quiet Enjoyment 4) Nuisance 5) B & P 17200 6) Negligence 7) Breach of Contract 8) Civil Harassment 9) Failure to Return Security Deposit pursuant to CCP section 1950, et seq. SUMMARY OF FACTS: Plaintiff Sona Sevanyan alleges that in September of 2005, she entered into a written lease for the lease of residential property on Glendale Avenue in Glendale, which property is subject to the Rent Stabilization Ordinance and the...

Excerpt: ...&S Fitness System, Inc. and Brian Prewitt RELIEF REQUESTED: County Defendants Ferrer and Villanueva Sustain demurrer to first through third causes of action of First Amended Complaint State Defendants Sustain Demurrer to First Amended Complaint CAUSES OF ACTION: from First Amended Complaint 1) Violation of The California Constitution, Right to Liberty (Cal. Const. Art. 1 sec.1) v. All Defendants 2) Violation of The California Constitution Equal P...

Excerpt: ...nt 1) Strict Liability—Cal. Civ. Code section 3342 (a) v. Palumbo, Frydenlund 2) Negligence Per Se v. Palumbo, Frydenlund 3) Gross Negligence v. All Defendants except AirBNB 4) Negligence v. All Defendants SUMMARY OF FACTS: Plaintiff Matthew Gutierrez alleges that in February of 2020 plaintiff was viciously attacked by a pit bull at plaintiff's partner's apartment complex, the Watermarque, owned by defendant MLT VLL, LLC dba as the Watermarque ...

Excerpt: ...iders Aventura Hospital & Medical Center, Byram Health Care, and Dr. Rodolfo Pigalarga. DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes FACTUAL BACKGROUND: 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 providers, negligently performed a colonoscopy procedure on...

Excerpt: ...plaintiff and against defendant Causes of Action from (Form) Complaint 1) Common Counts Open Book Account Account Stated SUMMARY OF COMPLAINT: Plaintiff American Express National Bank alleges that it extended credit to defendant Alfred Guzman for purchases or cash advances on an American Express credit card account, which has a current outstanding balance of $57,174.37, which is owed by defendant to plaintiff. ANALYSIS: Procedural There has been ...

Excerpt: ...ntiffs' First Amended Complaint. In the alternative, summary adjudication that plaintiffs' request for punitive damages is without merit Causes of Action from First/Second Amended Complaint 1) Premises Liability SUMMARY OF COMPLAINT: Plaintiffs Adelina M. and Salvador Alvizures allege that they are spouses, and that while plaintiffs were paying tenants at premises in Sun Valley which were owned and managed by defendant Minas Development, LLC, pla...

Excerpt: ...Orders quashing subpoenas MONETARY SANCTION No monetary sanctions sought DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes FACTUAL BACKGROUND: Plaintiff Theresa Friedrick alleges that in June of 2015, defendants Redrock NoHo Residential, LLC (“Redrock”) and/or Redwood Property Services (“Redwood”) and Redwood Urban, LLC (“Redwood Urban”) leased an apartment unit to plaintiff in their building,...

Excerpt: ...ied from defendant White's bank account in the amount of $58,481. Special Motion to Strike Strike the fourth cause of action of the cross-complaint for IIED without leave to amend. CAUSES OF ACTION: from Cross-Complaint (from body of pleading, not caption) 1) Breach of Contract 2) Conversion 3) Money Had and Received 4) IIED SUMMARY OF FACTS: Plaintiff Michael Kremerman alleges that plaintiff entered into a written lease for property located in S...

Excerpt: ...documents MONETARY SANCTION: No Sanctions Sought 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 of 2015, all interested parties executed a grant deed transferring the subject property to Frank ...

Excerpt: ...third causes of action in the cross-complaint of the City of Burbank and Burbank Department of Water and Power SUMMARY OF FACTS: 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 the freeway, hanging at such a height that it posed an unreasonable ...

Excerpt: ...ation action brought by defendant Mid-Century Insurance Company alleging that it insured plaintiff owner, Zarouhi Magpapian, the owner/lessee of real and personal property located on Greenbriar Road in Glendale, for damage to property and loss of use of such property and has paid $465,466.56 to or on behalf of plaintiff owner for damages sustained by plaintiff owner or plaintiff's property, which were covered under the policy of insurance. The cl...

Excerpt: ...ed oppositions to the motions, indicating that further verified responses to each of the discovery requests were served on March 21, 2022, since the filing of the motions on February 24, 2022 and March 1, 2022. Defendant's counsel's declaration indicates that, “Verifications as well as a revised version of the amended responses (containing the correct numbering throughout) were served on March 21, 2022.” [McIntosh Decl., para. 7]. The motions...