Excerpt: ...ealth Providers, Inc. (“Caritas”), which was also named as a nominal defendant. Caritas has now apparently joined the action as a party plaintiff. The Court sustains Mr. Caguin the demurrers for uncertainty. The Court does not see any need for Caritas to remain as a nominal defendant if Caritas has now entered the action as a party plaintiff. Obviously, with respect to Caritas, a demand to the corporation to pursue the action has been accepte...

Excerpt: ...i) adding an obligation of $200,000 to her dowry. The authorities in Iran apparently believe the document is genuine, and have told Mr. Hagheri to give the extra money to his wife. Mr. Hagheri claims this is a fraud that has caused him emotional distress. In pro per, Ms. Bagheri has demurred, suggesting that this Court lacks subject matter jurisdiction, and that jurisdiction lies in the Family Court. She bases this claim on Cal. Civ. Proc. Code �...

Excerpt: ...le Bank National Association, on behalf of Holders of Bear Stearns Asset Backed Securities I Trust 2007‐HE7. <0003010201900003019a01 011e011e00030018011eLfendants. The Trustee Defendants have requested judicial notice of a long history of litigation regarding the Plaintiff and the property at issue. The Court grants the request for judicial notice. Ms. Galindo has not supported the motion with sufficient evidence to allow the Court to determine...

Excerpt: ...iv. Proc. Code § 583.340(b). The running of the five-year period was extended for this time period, and trial on March 5, 2018 will be timely as to Lake Balboa according to the Court's calculation. The parties should be ready to address the calculation of the time period during which the action against Lake Balboa was removed to federal court. Motion to Quash Subpoena Defendants North American Health Care, Inc. (“North American”) and Lake Ba...

Excerpt: ...d from the fund was denied by an Administrative Law Judge on October 5, 2015. See Ms. Marenstein's declaration ¶ 11. Ms. Marenstein's husband, Alan Marenstein, opines that the finding by the Administrative law judge was erroneous, and that the claim should have been valid. See Alan Marenstein declaration. Under Cal. Civ. Proc. Code § 340.6, actions for attorney wrongful act or omission must be commenced “within one year after the plaintiff di...

Excerpt: ...he Van Nuys Airport on November 16, 2009. This matter grows out of an on-the-ground, low speed collision between the Citation and another aircraft. Jayhawk 910VP, LLC, (“Jayhawk”) is the owner of the Citation. WindAirWest, LLC (“WindAirWest”) is the lessee of the Citation. QBE acknowledges Jayhawk and WindAirWest as its insureds. Castle & Cooke also claims to be an insured, but QBE disputes this and has filed a complaint in intervention. ...

Excerpt: ...investment in certain targeted employment areas designated by the government. Plaintiffs each allege that they invested in what they thought were appropriate investments through a company known as Concordia Consulting Group LTD, (“Concordia”) which is also a defendant. Frederick N. Voigtman, F.W. Voigtman's father, was the principal immigration attorney processing the visas and is alleged to be involved in the Concordia Enterprise. Through hi...

Excerpt: ...s. Cal. Civ. Proc. Code § 2030(b)(1). Apex is limited to 35 Special Interrogatories in this case, pending further Court order. ...

Excerpt: ...is utterly inconsistent with the Court's opinion of April 26, 2017, and may be a result of a mistake by the Court. On April 26, 2017, the Court indicated that the only possible cause of action as to which the judgment could be entered separately was an accounting. No accounting was subsequently submitted to the Court—as far as the Court's review of the file shows. Moreover, the Court's April 26, 2017 opinion indicates that the Court did not int...

Excerpt: ..., 57 and 59-64. The Court cannot find an opposition. Dr. Zadeh seems entitled to the order compelling Ms. Baghdasarian to comply with the statements of compliance contained in her response to Dr. Zadeh's First Request for Production of Documents. Cal. Civ. Proc. Code § 2031.320(a). The Court orders her to comply by producing the documents within 20 days. Demurrers. Dr. Zadeh and Brighton Periodontal & Implant Group, Inc. (“Brighton”) have de...

Excerpt: ...Properties, Inc., (“Sky Properties”) the professional property management company associated with the Property. 3. Carmen Zelaya, erroneously sued as “Zelay” and Morris Caraway. Demurrers to the First Cause of Action for Breach of the Implied Warranty of Habitability. Plaintiffs have attached a written lease, and incorporated it by reference. Exhibit 1. The lease identifies the landlord as “1814 Collins.” This is a direct conflict wit...

Excerpt: ...ital relationship. Therefore, the motions will, for the most part, be denied. 1. Subpoena of Dr. Vigen Khojayan. The motion to quash this subpoena is denied. At least some conditions allegedly at issue here could have an etiology as long as ten years. 2. Subpoena to CIGNA. Once again the motion is denied in view of the breadth of the injury claims, and the possible different causes of the non-economic damages alleged. 3. Subpoena to the Custodian...

Excerpt: ... punitive damage allegations in the event that some causes of action of the Cross‐Complaint are maintained. <01b5016f0003011a011e01 0110019a015d017d0176> in which Ms. Mitchell sought to evict Ms. Ridgeway at what was alleged to be the end of her tenancy at 28947 Thousand Oaks Blvd., No. 142 in Agoura Hills, CA 91301. The Complaint, which alleged that the tenancy ended on September 1, 2017, was filed on September 6, 2017. The Complaint sought no...

Excerpt: ... (1975) 15 Cal.3d 1, 7 [“Assuming Revenue and Taxation Code section 7056 protects the returns themselves, it is reasonable to conclude that it must also protect the information contained in the returns”].) While the privilege is not absolute, it has not been waived here. The Defendants have not placed the content of their returns directly in issue. These returns may or may not contain evidence of revenue and expense on the property, but there...

Excerpt: ...ed Intervenors filed a Notice of Lien for the purpose of recovering on their proposed judgment. Given that the matter has concluded, and the receiver discharged, intervention would serve little purpose, and the motion is denied as moot. The Court does not take any position at this juncture on the effect of the lien filed January 4, 2018 on the settlement proceeds or consideration if any. ...

Excerpt: ...6f0003018c01b5016f>e of cases such as Melton v. Boustred (2010), 183 Cal.App.4 th 521. Plaintiff will have 20 days to amend. In view of the ruling on the demurrers, the motion to strike the allegations of punitive damages is moot. Nevertheless, the Court notes that the current allegations are insufficient to allege a case for punitive damages against Defendant Steele. ...