Excerpt: ...t K S Complete Auto, Inc. negligently repaired and serviced plaintiff's 2008 Porsche Turbo vehicle, resulting in oil penetration to the vehicle engine and other components, causing extensive damage to the vehicle, and rendering the vehicle inoperable. The file shows that at a Case Management Conference on January 10, 2022, plaintiff's counsel represented that on October 18, 2022, a Settlement Agreement was entered into by the parties. ANALYSIS: C...

Excerpt: ...arties' stipulation SUMMARY OF FACTS: Plaintiff Roofline, Inc. dba Roofline Supply and Delivery filed this action for foreclosure of a mechanic's lien against the owner of property plaintiff alleges it supplied materials to. Plaintiff seeks foreclosure on the claim of lien in the sum of $10,112.97. Plaintiff also alleges that defendants Champion Weatherproofing Corp. and Javier Ochoa have breached a written agreement entered into by the parties b...

Excerpt: ...s for Admissions admitted Order requiring plaintiff Hasti Rahsepar to submit to an independent mental examination FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Dennis P. Block, individually and dba as Dennis Block and Associates, as well as his associate attorneys plaintiffs Paul Eric Gold and Hasti Rahsepar , and his office manager, plaintiff Azam Riesen, allege that plaintiff Block is regarded as one of the pre-eminent attorneys handling landlor...

Excerpt: ...3, 2021 Effect of Amendment Adds affirmative defense of statute of limitations, correct typographical errors, respond more accurately to allegations in SAC based on present knowledge RELEVANT FACTS: Plaintiff Prapai Benjauthrit brings this action against her brother, defendant Boonsieng Benjauthrit, alleging that the parties took title to four properties on Marion Drive in Glendale in 1977 as joint tenants, with the subject property to be the pri...

Excerpt: ...essor Trustee, as to Yusuf's Cross-Complaint for partition by sale and as to plaintiffs' cause of action for partition by sale as alleged in plaintiffs' complaint 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 tha...

Excerpt: ...d Mita Vaghashia to be tried after plaintiff Rakesh Kothari's claims alleged in the First Amended Complaint FACTUAL AND PROCEDURAL BACKGROUND: Plaintiff Rakesh Kothari 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...

Excerpt: ...efendants 2) Negligence Per Se v. All Defendants* 3) Breach of the Warranty of Habitability v. LBM and Anoakia 4) Breach of Covenant of Quiet Enjoyment v. LBM and Anoakia 5) NIED v. LBM and Anoakia* 6) Breach of Contract v. LBM and Anoakia *Causes of action dismissed without prejudice on 12/27/21 SUMMARY OF FACTS: Plaintiff Nvart Krlian alleges that in January of 2009, plaintiff entered into a Residential Lease with G.M. Kefalas aka G.M. Kefalas ...

Excerpt: ...efendants 2) Negligence Per Se v. All Defendants* 3) Breach of the Warranty of Habitability v. LBM and Anoakia 4) Breach of Covenant of Quiet Enjoyment v. LBM and Anoakia 5) NIED v. LBM and Anoakia* 6) Breach of Contract v. LBM and Anoakia *Causes of action dismissed without prejudice on 12/27/21 SUMMARY OF FACTS: Plaintiff Nvart Krlian alleges that in January of 2009, plaintiff entered into a Residential Lease with G.M. Kefalas aka G.M. Kefalas ...

Excerpt: ...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 the facility housing the premises leading to a failure in structural repairs in violation o...

Excerpt: ...arty Electric Entertainment, Inc. RELIEF REQUESTED: Orders quashing subpoenas DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes FACTUAL BACKGROUND: Plaintiff Candice Vega-Gershon alleges that she began employment with defendant The Walt Disney Company (“Disney”) in October of 2015 with the Residuals Team, and that during her interview process, she informed Disney that her husband was terminally ill wh...

Excerpt: ...d Amended Cross-Complaint 1) Complete Indemnity 2) Partial Indemnity 3) Declaratory Relief 4) Violations of BPC sections 7000, et seq. 5) Breach of Contract 6) Fraud 7) Negligence SUMMARY OF FACTS: Plaintiff Guillermo Ochoa alleges that on November 9, 2019, at or near Vernon Road in Glendale, defendants Jose Avalos and Jose Hulzar negligently operated, owned, entrusted, and employed the persons who operated a motor vehicle, causing injuries and d...

Excerpt: ...dical Center to file a record under seal in support of its motion for summary judgment, and all pleadings and other documents referencing thereto and disclosing the contents thereof. SUMMARY OF FACTS: 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 services. Plaintiff ...

Excerpt: ...c., a California corporation), collectively (“Receiver”) Proof of Service Timely Filed (CRC Rule 3.1300): ok 16/21 Court Days Lapsed (CCP 1005(b)): ok Oppo and Reply submitted RELIEF REQUESTED: City of Duarte (“City”) moves for an order reimbursing City for $26,446.00 in attorneys' fees. This motion is made pursuant to this Court's December 16, 2021, Judgment for City pursuant to CCP §§578 and 579; CCP §435.16(c)(1); this Court's and t...

Excerpt: ...ed (CCP 1005(b)): ok Proper Address:ok Oppo and Reply submitted. Defendant notes that Plaintiff submitted its Opposition late; however, the Court notes that it will still consider Plaintiff's untimely filed Opposition. RELIEF REQUESTED: Defendant, Forest Lawn Memorial-Park Association (“Defendant”) demurs to all causes of action in Plaintiff's First Amended Complaint (“FAC”). Defendant demurs to Plaintiff's first cause of action for breac...

Excerpt: ...aim 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 Small Business Credit Agreement (“Agreement”) between plaintiff MUFG Union Bank, N.A. and defendant We Go Transport, Inc. pursuant to which defendant was provided an unsecured business line of credit, a...

Excerpt: ...ina 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 Adelina M. was violently raped at knife point by an unknown male while doing laundry in the facility provided at the subject premises. The complaint alleges that prior to the sexual assault, defendant knew or should have known that incidents ...

Excerpt: ...wo Order Deeming Requests for Admissions Admitted CHRONOLOGY Date Discovery served: October 19, 2021 Date Responses served: NO RESPONSES SERVED Date Motion served: January 18, 2022 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 privileg...

Excerpt: ...endant A Cut Above Building & Developing Inc. RELIEF REQUESTED: A Cut Above Further Responses to Special Interrogatories (Set One) Stull Further Responses to Special Interrogatories Nos. 65 and 83 FACTUAL BACKGROUND 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, ...

Excerpt: ...k account for money due, because an account was stated in writing between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff, for money lent by plaintiff to defendant at defendant's request, and for money paid, laid out, and expended to or for defendant at defendant's special instance and request. The complaint alleges that $51,282.02, which is the reasonable value, is due and unpaid despite plaintiff's demand...

Excerpt: ...ACTION: from Complaint (from body of pleading, not caption) 1) Breach of the Covenant of Quiet Enjoyment 2) Breach of Implied Warranty of Habitability 3) IIED 4) Negligence 5) Nuisance 6) Business & Professions Code section 17200 et seq. 7) Collection of Rent on Substandard Dwelling 8) Breach of Contract 9) NIED 10) Constructive Eviction SUMMARY OF FACTS: Plaintiffs Edgar Torosyan and Marina Kegeyan allege that they rented a dwelling unit located...

Excerpt: ...rrer to second cause of action of First Amended Cross-Complaint CAUSES OF ACTION: from First Amended Cross-Complaint 1) Breach of Contract v. Golshan 2) Breach of Implied Contract v. Ataian 3) Fraud v. Ataian 4) Indemnity v. Ataian SUMMARY OF FACTS: 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 Ange...

Excerpt: ... judgment against plaintiffs In the alternative, summary adjudication of first, second, third, fourth, fifth and seventh causes of action and/or claim for punitive damages. Causes of Action from Complaint 1) Breach of Contract v. All Defendants 2) Breach of Implied Covenant of Good Faith and Fair Dealing v. All Defendants 3) Fraud v. All Defendants 4) Declaratory Relief v. All Defendants 5) Violation of Business & Professions Code Section 17200 v...

Excerpt: ...s Fees and Tax Costs) Plaintiff Nick Nichols (Tax Costs) RELIEF REQUESTED: Attorneys' Fees Attorney's fees in the amount of $885,000.00 Tax Costs City's Motion—Strike or tax costs claimed in Memorandum of Costs filed by plaintiff Nichol's Motion—Strike or tax costs claimed in Memorandum of Costs filed by defendants SUMMARY OF FACTS: Plaintiff Nick Nichols commenced this proceeding on October 30, 2015. The verified First Amended Complaint alle...

Excerpt: ...laintiff 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 the facility housing the premises leading to a failure in structural repair...

Excerpt: ...aint filed: June 2, 2021 Effect of Amendment Adds cause of action for quiet title in response to defendant's cross-complaint claiming a permanent equitable easement over plaintiff's commercial property. RELEVANT FACTS: Plaintiff 77 Del Mar, LLC alleges that it owns real property in Pasadena, and that in June of 2019 it obtained a boundary survey of the subject property and became aware that defendant Sixty-Four West Valley, LLC, the owner of a pa...

Excerpt: ...RC separate statement, etc.: Yes DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Ok, Decl., paras. 28-34, Exs. 12-18 FACTUAL BACKGROUND: Plaintiff Efrain Lopez alleges that in March of 2019, plaintiff purchased a 2019 Subaru Impreza, which was manufactured or distributed by defendant Subaru of America, Inc. Plaintiff alleges that in connection with the purchase, plaintiff received an express written warrant...

Excerpt: ...ha House of Prayer, Inc. Status of Deponent: Defendants (parties) DEPO ATTENDANCE REQUIRED BY: Formal Notices [Exhibits A]. RELIEF REQUESTED BY MOVING PARTY: Order compelling defendants to produce documents at deposition. DECLARATION SUPPORTING MOTION: Reasonable and good faith attempt to resolve informally: Yes, Decl., paras. 13-16, Exs. D, E, F CHRONOLOGY Date NOTICE OF DEPOSITION served: August 24, 2021 Date of Deposition (10 day lapse): Septe...

Excerpt: ...nit of real property on Liberty Avenue in Glendale. Plaintiff alleges that in 2018, defendants Athas Corporation Group, MTC Financial, Inc., and Shellpoint Mortgaging Servicing took part in a mortgage transaction involving the subject property. The FAC alleges that the mortgagee, Doe 1, falsely assumed the identity of plaintiff, and forged plaintiff's signature on the documents in the transaction, including the property deed and mortgage contract...

Excerpt: ... on East Acacia Avenue in Glendale, along with their three minor children, pursuant to a written lease agreement. Plaintiffs allege that defendant Rudy Covarubus was the owner or manager of the subject property and defendant Acacia Riverdale Property Management, LLC was the manager of the subject property. Plaintiffs allege that during the tenancy, from October to 2014 to May of 2020, defendants failed to provide habitable living conditions, and ...

Excerpt: ...e Company, Ltd. (U.S. Branch) summary judgment on the complaint filed by plaintiffs In the alternative, summary adjudication of cause of action for tortious breach of the implied covenant of good faith and fair dealing and/or claim for punitive damages. Causes of Action from Complaint 1) Breach of Contract v. All Defendants 2) Breach of Implied Covenant of Good Faith and Fair Dealing v. All Defendants 3) Fraud v. All Defendants 4) Declaratory Rel...

Excerpt: ...ng Party: Plaintiff Lisa O'rrell Relief Requested: Summary judgment in favor of defendants Wilmington Savings Funds Society, FSB dba Christiana Trust, as Trustee for Pretium Mortgage Acquisition Trust and Clear Recon Corp. In the alternative, summary adjudication of the first, second and/or third causes of action. Causes of Action from Second Amended Complaint 1) Declaratory Relief/Judgment v. All Defendants 2) Breach of Contract/Estoppel v. PMAT...

Excerpt: ... Contract with defendant Fred Hakopian for financing of the purchase of a motor vehicle. (Ex. 1). Under this contract, upon a default of any provision, plaintiff has the right to immediate possession of the vehicle. [Kirsling Decl., ¶ 7, Ex. 1, ¶ 3d]. Defendant has defaulted in payment on the agreement. [Decl., ¶ 8]. Plaintiff has made demand for surrender and is entitled to return of the automobile. [Decl., ¶¶ 10,11]. If based on written in...

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

Excerpt: ...fendant 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, sexually assaulted, and battered plaintiff during his private classes. The complaint alleges that defendant Melody knew or should have known of this misconduct and failed to preven...

Excerpt: ... through eighth causes of action of Second Amended Complaint Strike Punitive Damages, allegations of neglect, fraud CAUSES OF ACTION: from Second Amended Complaint 1) Medical Malpractice—Wrongful Death 2) Medical Malpractice—Wrongful Death (Survival Action) 3) Medical Malpractice—Wrongful Death 4) Medical Malpractice—Wrongful Death (Survival Action) 5) General Negligence 6) General Negligence (Survival Action) 7) Dependent Adult Abuse—N...

Excerpt: ...Fraud SUMMARY OF FACTS: Plaintiffs Daryoush Kavian and Said Fallaahi allege that they entered into a written contract with defendants, and that defendants breached the agreement by never obtaining financing as promised, and then failing to return money to plaintiffs as agreed, resulting in plaintiffs suffering damages, including the loss of a business opportunity to purchase a franchise and associated income, and loss of funds given to defendant ...

Excerpt: ...UESTED: Sustain demurrer to first, sixth, tenth, eleventh and twelfth causes of action of Complaint Strike punitive damages, request for injunction, “slum-conditions.” CAUSES OF ACTION: from Complaint 1) Private Nuisance 2) Breach of Warranty of Habitability 3) Negligence 4) Breach of Covenant of Good Faith and Fair Dealing 5) Breach of Implied Covenant of Quiet Enjoyment 6) IIED 7) Violation of Civil Code section 1942.4 8) Violation of Civil...

Excerpt: ...wned and operated by defendants City of Los Angeles and Los Angeles Unified School District. The complaint alleges that on March 5, 2019, plaintiff's mother, Amber Otte, picked up plaintiff from school and noticed that plaintiff had bruises and hand marks on his arm. Otte asked plaintiff where the bruises had come from, to which plaintiff replied to Otte, “The big teacher was mean to me.” Otte took this description to mean that plaintiff's te...

Excerpt: ...itle to Express Easement 2) Private Nuisance 3) Permanent Injunction and Damages (Interference with Easement) 4) Declaratory Relief 5) Permanent Injunction and Damages—Violation of CC&Rs 6) Declaratory Relief Re CC&Rs SUMMARY OF FACTS: Plaintiffs Birgit Haas and Scott Haas allege that they are the owners of real property located in Sierra Madre, and that defendants Terri Murphy and Michael Murphy are the owners of real property adjacent to plai...

Excerpt: ...ng Party: Defendants H&S Collision and Auto Repair, Inc., Samuel Petikyan, and Mkrtich Papazyan (No Opposition to Motion to Bifurcate) RELIEF REQUESTED: Summary judgment/adjudication in favor of Plaintiff Financial Services Vehicle Trust, by and through its servicer, BMW Financial Services NA, LLC as to the First Amended Complaint against Defendants H&S Collision and Auto Repair Inc., Samuel Petikyan, Mkrtich Papazyan, and the California DMV (thi...

Excerpt: ...RY OF FACTS: Plaintiffs Lawrence Coates Agdigos and Lerma Candaza Agdigos allege that in June of 2018, they purchased residential real property in Glendale from defendant Manuel Lucero, for the purchase price of $700,000, and that defendant transferred the subject property to plaintiffs via a Grant Deed recorded on July 16, 2018. The complaint alleges that years earlier, in July of 2003, defendant Manuel Lucero executed a deed of trust in favor o...

Excerpt: ...regarding mechanic's lien foreclosure to reflect the August 10, 2021 recording of a mechanic's lien release bond, and to make a claim on the mechanic's release bond and add the surety and principal on the release bond as parties, deletes causes of action and parties no longer part of this matter, and adds more specific factual allegations based on discovery conducted. RELEVANT FACTS: Plaintiff A Cut Above Building & Development alleges that in Au...

Excerpt: ...acy—Publication of Private Facts 2) Invasion of Privacy—False Light 3) IIED 4) NIED SUMMARY OF FACTS: Plaintiff Viola Dersahakian 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 legal...

Excerpt: ...for Production of Documents, Set One, from each plaintiff FACTUAL BACKGROUND Plaintiffs Akop Sogomonyan and Tsovinar Sogomonyan bring this action for malicious prosecution, alleging that their neighbors, defendants Anait Orudzhyan and Hamazasp Kiramijyan filed a previous action against plaintiffs, in which they were represented by defendant Karapet Zakaryan, who was employed by defendant KAASS PC, which was overseen and directed by its principal,...

Excerpt: ...o Gold CAUSES OF ACTION FROM THE From the First Amended Complaint 1) Invasion of Privacy 2) Libel 3) Libel Per Se 4) IIED 5) NIED 6) Intentional Interference with Prospective Economic Advantage 7) Unfair Business Practices SUMMARY OF FACTS: Plaintiff Dennis P. Block, individually and dba as Dennis Block and Associates, as well as his associate attorneys plaintiffs Paul Eric Gold and Hasti Rahsepar , and his office manager, plaintiff Azam Riesen a...

Excerpt: ... for legal fees and costs accumulated in connection with the entry of default and related motion for relief from default. SUMMARY OF FACTS: Plaintiff CAC Motors dba ZR Investment (“CAC Motors”) brings this action against defendants X3 AST Consulting, Inc. (“X3 AST Consulting”), Sleiman A. Timani, and Marques Johnson on June 17, 2021, alleging that plaintiff is engaged in the automobile export business, and entered into a business relation...

Excerpt: ...ded Cross-Complaint 1) Complete Indemnity 2) Partial Indemnity 3) Declaratory Relief 4) Violations of BPC sections 7000, et seq. 5) Breach of Contract 6) Fraud 7) Negligence SUMMARY OF FACTS: Plaintiff Guillermo Ochoa alleges that on November 9, 2019, at or near Vernon Road in Glendale, defendants Jose Avalos and Jose Hulzar negligently operated, owned, entrusted, and employed the persons who operated a motor vehicle, causing injuries and damages...

Excerpt: ...nt of Good Faith and Fair Dealing 5) Breach of Implied Covenant of Quiet Enjoyment 6) IIED 7) NIED 8) Violation of California Civil Code section 1942.4 9) Violation of California Civil Code section 1942.5 SUMMARY OF FACTS: Plaintiffs Karine Grigoryan and Marat Agabekian allege that they leased residential premises on South Belmont Street in Glendale from defendants Xep Huu Nguyen, individually and as trustee of the Nguyen Living Trust Dated Septe...

Excerpt: ... that entitled to possession? Plaintiff Ally Bank is an assignee of a Contract with defendant Robert Manukyan for the purchase of a motor vehicle. (Ex. A). Under this contract, upon a default of any provision, plaintiff has the right to immediate possession of the vehicle. [Bolduc Decl., ¶ 7, Ex. A, ¶ 3d]. Defendant has defaulted in payment on the agreement. [Decl., ¶ 8]. Defendant is further in default in that he has transferred the subject v...

Excerpt: ...om each plaintiff Further Responses to Special Interrogatories, Set One, from each plaintiff Further Responses to Request for Production of Documents, Set One, from each plaintiff FACTUAL BACKGROUND Plaintiff Colby Calvert alleges that he was injured when defendant Hung Luong, working for defendant Beckman Coulter, Inc. (“Beckman Coulter”), serviced a piece of laboratory equipment at a laboratory located at the California Institute of Technol...