Excerpt: ...io of the Politis unit and their leaking water heater caused water damage. Sedrak alleges defendant The Homestead Homeowners Association (“HHA”) also is liable for the sliding door trap, water heater and termite damage to Sedrak's patio fence. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Negligence—failure to maintain water heater leak 2. Negligence—failure to maintain defective area around defendant ...

Excerpt: ...rehousing West, Inc., to store Reunited's goods and to fulfill Reunited's purchase orders. Reunited started receiving complaints from its retailers that orders were missing merchandise; despite Capital's assurances and proffered paperwork showing that the merchandise was delivered to common carriers. Upon inspection of Capital's warehouses, Reunited found much of the missing merchandise and has subsequently found its items being sold by a third p...

Excerpt: ...dant James Thompson, Hammond's real estate agent and broker, who stated that he had found a different buyer and Hammond would not perform under the purchase agreement. JSL called Hammond who confirmed that he would not perform. The agreement was to close on November 16, 2018. Todd Stenick operated as JSL's representative in the matter. JSL filed suit and recorded a Lis Pendens. The Complaint alleges the following causes of action: 1. Breach of co...

Excerpt: ...be performed on the property.  July 19, 2017: deed of trust in exchange for $30,000 Defendants allegedly failed to make any payments. Hurtado seeks to quiet title and judicially foreclose on the property. Default was entered against both defendants. They now move to set aside the entry of default. The motions are opposed. For the reasons set forth below, the Court grants the motions. I. Standard The Court may relieve a party or their legal rep...

Excerpt: ...managed the property. The Complaint alleges the following causes of action: 1. Failure to provide habitable dwelling; 2. Breach of the covenant and right to quiet enjoyment and possession of the property; 3. Nuisance; and 4. negligence Plaintiffs now move, separately, to compel initial responses to their propounded form and special interrogatories, requests for production, and requests for admission. The motions are unopposed. Plaintiffs also mov...

Excerpt: ...pposed. For the reasons set forth below, the Court denies the motion. II. Standard The Court may relieve a party or their legal representative from a proceeding taken against them resulting from their mistake, inadvertence, surprise, or excusable neglect. (C.C.P., § 473(b).) Mistake of fact is when a person understands facts to be other than they are. (Hodge Sheet Metal Products v. Palm Springs Riviera Hotel (1961) 189 Cal.App.2d 653.) Surprise ...

Excerpt: ...he Complaint contains a single cause of action for breach of the joint venture agreement (quiet title). Lilian Barron now moves to expunge the lis pendens. The motion is opposed. For the reasons set forth below, the Court grants the motion. II. Standard A notice of pendency of action may be filed when a real property claim is alleged in an action. (C.C.P., § 405.1, 405.2.) A real property claim means the causes of action, if proven, would affect...

Excerpt: ...(plaintiff's mother) and plaintiff as joint tenants to Charlzette White, plaintiff, Ethel White‐Johnson, and Jim Johnson (plaintiff's brother and Ethel's ex‐husband) as joint tenants. The second quitclaim deed is dated June 23, 2003, and purports to convey Charlzette and plaintiff's interests to Jim Johnson and Ethel White‐Johnson. Charlzette passed in 2006. Plaintiff claims her signature was forged on the second deed. The operative Second ...

Excerpt: ... to his son, resulting in the minor's refusing to associate with him. Default was entered against defendants on July 16, 2018. Defendants now move to set aside the default. Plaintiff filed an untimely response, but the Court read and considered it. For the reasons set forth below, the Court grants the motion. II. Standard Code of Civil Procedure § 473.5(a) allows a defendant to set aside a default when service of a summons has not resulted in ac...

Excerpt: ...cident occurred on December 28, 2015, during winter break. Plaintiff Dante Kendrick was playing basketball with cross-defendant Eduardo Corzine inside the school gymnasium. The parties started “trash talking,” and it escalated. Corzine tackled Kendrick and almost knocked him down. Kendrick left the gym, allegedly to let Corzine calm down. The basketball coach, Coach Crow, and a security officer, Irma Friend, were in their offices near the gym...

Excerpt: ...cher employed by defendant Los Angeles Unified School District (“LAUSD”). The First Amended Complaint (“FAC”) alleges the following causes of action: (1) Violation of Government Code §§ 815.2 and 815.6; (2) Violation of California Civil Code §§ 51.7 and 52; (3) Assault and battery; (4) Negligence; (5) Intentional infliction of emotional distress; (6) Negligent infliction of emotional distress; and (7) Negligent retention, hiring, trai...

Excerpt: ...rother and the successor trustee of the Rosa Brooks Living Trust. Rosa Brooks passed away on March 20, 2018. The Second Amended Complaint (“SAC”) alleges the following causes of action: (1) Promissory estoppel; (2) Common count: goods and services rendered; and (3) Imposition of a constructive trust Otha Brooks now moves to strike portions of the SAC. Willie Brooks opposes. For the reasons set forth below, the Court grants the motion in part....

Excerpt: ...Padilla and Hector Figueroa, to evict her in an unlawful detainer action. The Complaint alleges the following causes of action: (1) Breach of warranty of habitability; (2) Breach of covenant of quiet enjoyment; (3) Negligence; (4) Nuisance; (5) Violation of Civil Code § 1941.1, et seq.; (6) Retaliatory eviction and harassment; and (7) Intentional infliction of emotional distress; Defendants now demur to the first, second, and sixth causes of act...

Excerpt: ...e modifications but was denied. The property was sold on June 6, 2018. The operative FAC alleges the following causes of action: (1) Negligence; (2) Unfair business practices, violation of Bus. & Prof. Code § 17200, et seq.; and (3) Wrongful foreclosure The third cause of action is no longer at issue. Wells Fargo now demurs to the first and second causes of action. The demurrer is opposed. For the reasons set forth below, the Court sustains the ...

Excerpt: ...e policy covered only bodily injury and property damage to others. Leon was involved in a car accident on September 15, 2016. She submitted a claim to Ocean Harbor, but it was denied. She was told that the policy did not cover her when she drove a vehicle owned by a resident of her household. Because Leon lives with her parents, and drove a 2003 Chevrolet Tahoe that was owned and registered in her father's name, the accident was not covered. The ...

Excerpt: ...ated various portions of the Homeowners' Bill of Rights (“HBOR”). The First Amended Complaint (“FAC”) alleges the following causes of action: (1) Violation of Civil Code § 2923.5; (2) Violation of Civil Code § 2923.7; (3) Breach of contract; (4) Breach of implied covenant of good faith and fair dealing; (5) Negligence; (6) Violation of Civil Code § 2937; (7) Violation of Civil Code § 2924.12; and (8) Unfair Business Practices BONY dem...

Excerpt: ...s second petition (see 19CMCP00016). Hamilton petitions the Court to disqualify AAA. For the reasons set forth below, the Court denies the petition. II. Analysis A. Proof of Service Petitioner fails to show that he has served the petition on ABC Legal Services, Inc. The Court denies the petition on this ground. B. Disqualification of AAA The Court also would deny this petition on the merits. According to the petition, AAA sent a notice that a thr...

Excerpt: ...Amended Complaint (“FAC”) was filed on February 5, 2019. The FAC alleges the following cause of actions: 1) Wrongful death/wrongful act/wrongful conduct; 2) Fraudulent concealment; 3) Racketeering/violation of commercial codes articles 3, 4, 8, or 9; 4) Violation of a negotiable instrument/denial of a claim; 5) Bad faith/bad motive; 6) Security property loss/UCC9-305; and 7) Deprivation of fiduciary duties/reputation Russell and Kayla Gonzale...

Excerpt: ...inor, and the parents and successors in interest of Elizabeth Martinez, who was fatally injured in the collision. Armando Martinez was driving a 2015 Nissan Versa; Maria, Jose Juan, and Elizabeth were passengers. The alleged incident occurred when defendant Maan Parampareet Singh, the driver of a 2012 Volvo semi-truck and trailer, rear-ended the Martinez vehicle. Singh also rear-ended a 2009 Holiday Scepter motorhome that was towing a 2012 Honda ...

Excerpt: ...ts with the funding agencies (prime award agreements) for four separate programs aimed primarily at HIV prevention in various foreign militaries. To implement the programs, CDU entered into sub-award agreements with defendant Drew Cares International (“DCI”), an independent non-profit entity. This lawsuit concerns the proper calculation and use of costs. Direct costs are specifically identified with a project and are specifically designated o...

Excerpt: ...heen opened the storage containers and discovered the property had been destroyed by animals and water. Defendant Cho Thomas Chang owns Key Express. At the time the containers were opened, he allegedly handed his insurance card to Sheen and stated that the damage would be covered by his insurance company. The certificate of liability insurance lists AKA Insurance Services, Inc., and defendant Certain Underwriters at Lloyds (“CUL”), erroneousl...

Excerpt: ...�). Bradford's union filed a separate petition with the Superior Court (Case No. BS147640) for an order directing the City to proceed with a hearing on Bradford's administrative appeal of her termination. The parties in that matter agreed to a settlement under which a neutral would conduct an evidentiary hearing and issue a determination as to several issues. The neutral's decision was in favor of Bradford; she was reinstated to her position with...

Excerpt: ...e into the property and changed the locks. As a result of Jennings' conduct, plaintiff was left without a home for three days. CitiMortgage succeeded on a motion for judgment on the pleadings. The First Amended Complaint (“FAC”) survives against defendant Jennings as a single cause of action for trespass. The timeline is as follows:  September 19, 2016, White's three units were sold to CitiMortgage.  September 21, 2016, Jennings placed ...

Excerpt: ... defendant Sol Del Cielo, LLC, is the owner of the property. Defendant Abraham Sandoval is allegedly the sole member of Sol. The First Amended Complaint (“FAC”) alleges: (1) Trespass to land; (2) Private nuisance; (3) Trespass to timber; and (4) Conversion Defendants Sol Del Cielo and Sandoval, Jr., now move for summary judgment or adjudication. The Lovelands oppose. As set forth below, the Court grants summary adjudication, in part, as to th...

Excerpt: ... that plaintiff was an employee, and that KLF Logistics, Inc., failed to provide Yun with accurate wage statements. The jury assessed a $4,000 penalty. The jury found for defendants on all other special verdict questions. The eighth cause of action for violations of the Business and Professions Code § 17200 was submitted to the Court with closing briefs from the parties. The Court found for defendants. Both Yun and Fenix filed memoranda of costs...

Excerpt: ...d) drove southbound into the intersection without regard for eastbound traffic. Cooke swerved to avoid colliding with Holguin, but struck a light post. Holguin did not stop and left the scene. Holguin has since passed, his estate admitted partial liability and cause. The jury returned a special verdict for Nelson and awarded $167,250 in damages. Nelson moves for cost of proof sanctions amounting to $144,217.50. The Estate of Holguin moves to tax ...

Excerpt: ...legedly caused her mother's signature to be notarized and then forged the signature of her father, Jose Munoz. The Grant Deed was recorded with the Los Angeles County Recorder's office on July 21, 2005 by United Title Company. On February 11, 2008, Martha Munoz Martinez and Jose Jesus Martinez signed an Interspousal Grant Deed in favor of Jose Jesus Martinez. It was recorded by defendant Fidelity National Title Company. Jose Jesus Martinez then t...

Excerpt: ...pute). The parties entered into a stipulation with a multistep process to resolve their claims. They agreed to a third-party inspection of the property by an expert who would determine the work remaining to be completed under the original contract, the cost to complete any remaining work, the cost to repair any damage caused by improper construction, and the cost paid to any third-parties to perform work that Williams was contracted to perform. T...

Excerpt: ...nursing officer. Defendant Allen Bookatz, M.D., allegedly acted as an agent of SFMC. In 2016, Carcamo communicated complaints regarding Bookatz to her superior, Amon McMaken. In 2017, Carcamo was instructed to do a task for one of Bookatz's patients. Carcamo prioritized a different patient while another nurse addressed Bookatz's patient. Bookatz subsequently filed a complaint against Carcamo that lead to her suspension pending an investigation. A...

Excerpt: ...s, who is now deceased. Included in the Complaint are defendants Yvonne Arroyo, Nicolas Arroyo, Jr., Jesus Espinoza (Doe 1), Bertha Arroyo, and Jose Salvador Arroyo. Plaintiff alleges these defendants owned the various properties where the abuse took place and owed a duty of care to plaintiff. The primary properties involved are 1014-1014A East Poppy St., Compton, California, and 3107 Euclid St., Lynwood, California. The allegations also include ...

Excerpt: ...t 19223 S Grandee Avenue, Carson, CA 90746. Plaintiffs allege that recorded documents in the chain of title are forged or otherwise fraudulent. World Savings Bank was the initial lender. Word Savings was later acquired by Wells Fargo. Clear Recon was the trustee and Breckenridge purchased the property at the trustee's sale. According to the Complaint, Andrea Whitney was Wells Fargo's representative. Neither Clear Recon nor Whitney have appeared i...

Excerpt: ...018. The jury returned a verdict on December 7, 2018, awarding Martin $456,000 in total damages. JVS now moves for judgment notwithstanding the verdict (“JNOV”) and to tax costs. The motions are opposed. For the reasons set forth below, the Court denies the motion for JNOV and grants the motion to tax costs in part. II. Standard A. Motion for judgment notwithstanding the verdict A motion for JNOV “may properly be granted only if it appears ...

Excerpt: ...leges the following causes of action: (1) Breach of covenant of good faith and fair dealing, (2) Negligence, and (3) Bailment Only the first cause of action is alleged against Wells Fargo. The second and third cause of actions are alleged against Ralph Partners. Wells Fargo and Ralph Partners separately demur to the FAC. For the reasons set forth below, the Court sustains the demurrers with leave to amend. II. Standard A demurrer tests the suffic...

Excerpt: ...petitions the Court to disqualify AAA. For the reasons set forth below, the Court denies the petition. II. Analysis A. Judicial notice Petitioner requests judicial notice of various facts. These items are not proper for judicial notice. The request is denied as to those facts. Petitioner also requests judicial notice of C.C.P. § 1281.92. This request is granted. B. Disqualification of AAA According to the petition, AAA sent a notice that a three...

Excerpt: ...Court an order for publication as to Corzine. On February 22, 2019, University Credit filed a proof of service for substituted service for a UPS location. University Credit now applies for a writ of possession. For the reasons set forth below, the Court grants the application. II. Standard To obtain a writ of possession, a plaintiff must show they have the right to immediate possession of tangible personal property, and the property is being wron...

Excerpt: ...ames Thompson, Hammond's real estate agent and broker, who stated that he had found a different buyer and Hammond would not perform under the purchase agreement. JSL called Hammond who confirmed that he would not perform. The agreement was to close on November 16, 2018. Todd Stenick operated as JSL's representative in the matter. JSL filed suit and recorded a Lis Pendens. The Complaint alleges the following causes of action: (1) Breach of contrac...

Excerpt: ...hite (plaintiff's mother) and plaintiff as joint tenants to Charlzette White, plaintiff, Ethel White-Johnson, and Jim Johnson (plaintiff's brother and Ethel's ex-husband) as joint tenants. The second quitclaim deed is dated June 23, 2003, and purports to convey Charlzette and plaintiff's interests to Jim Johnson and Ethel White-Johnson. Charlzette passed in 2006. Plaintiff claims her signature was forged on the second deed. The First Amended Comp...

Excerpt: ...f the Politis unit and their leaking water heater caused water damage. Sedrak alleges defendant The Homestead Homeowners Association (“HHA”) also is liable for the sliding door trap, water heater and termite damage to Sedrak's patio fence. The Complaint contains the following causes of action against all defendants: (1) Negligence; (2) Trespass; (3) Nuisance; (4) Failure to repair and maintain common area. HHA demurs to the Complaint. It argu...

Excerpt: ...t (Case No. BS147640) for an order directing the City to proceed with a hearing on Bradford's administrative appeal of her termination. The parties in that matter agreed to a settlement under which a neutral would conduct an evidentiary hearing and issue a determination as to several issues. The neutral's decision was in favor of Bradford; she was reinstated to her position with three years' back pay. The case currently before the Court involves ...

Excerpt: ...'s duties as a constructive trustee. On April 29, 2005, Rafalian and Ray Haeim brought a civil suit (SC085372) against Shahram Elyaszadeh (“Ely”). The suit concerned the property at 500 Carson Town Center, Carson, California 90745-1446. Ely filed a cross-complaint. On November 6, 2006, judgment was entered in favor of Ely and a constructive trust was imposed on Rafalian to safeguard Ely's 50% ownership in the property. On February 29, 2012, E...

Excerpt: ... purchasing the property in his name. The property was purchased, but title was in taken in Poonpipat's name. Kiss alleges that he paid the entire down payment, all mortgage payments, and paid for all upkeep and maintenance. His relationship with Poonpipat soured. Poonpipat allegedly threatened to sell; this lawsuit followed. The Complaint alleges the following causes of action: 1) Fraud; 2) Constructive trust; 3) Resulting trust; and 4) Unjust e...

Excerpt: ...e. The parties entered into the sublease agreement on March 5, 2010. The sublease was twice amended; once on November 7, 2012, and again on October 3, 2014. The sublease is subject to the terms of the master lease between Precision and the owner of the premises, The Realty Associates Fund VII, L.P. The sublease obligated the defendants to “surrender the Premises in the same condition as received, normal wear and tear accepted.” (FAC ¶ 20.) D...

Excerpt: ...receiving complaints from its retailers that orders were missing merchandise, despite Capital's assurances and proffered paperwork showing that the merchandise was delivered to common carriers. Upon inspection of Capital's warehouses, Reunited found much of the missing merchandise. It subsequently found its items being sold online by a third party. Reunited's investigations allegedly induced Capital to ship all Reunited's merchandise out of its w...

Excerpt: ... Court granted defendants' motion to compel and two motions to compel further. Kim has failed to provide responses within the time allotted. Defendants now move for terminating sanctions, specifically, for this action to be dismissed. Kim apparently served an opposition, but has not filed it with the Court. The reply suggests Kim argues lack of notice of the discovery motions and orders. For the reasons set forth below, the Court denies the motio...

Excerpt: ...s upon her passing. He also argues implied contract. Defendant Otha Bell Brooks is Willie Brooks' brother and the successor trustee of the Rosa Brooks Living Trust. Rosa Brooks passed away on March 20, 2018. The First Amended Complaint (“FAC”) alleges the following causes of action: (1) Breach of implied contract; (2) Common counts; (3) Goods and services rendered; (4) Imposition of constructive trust; and (5) Injunctive relief. The Court sus...

Excerpt: ...s action arose out of injuries sustained from a semi-truck rolling over him. The semi- truck was undergoing inspection. Jose Guzman was the driver. He stepped out of the vehicle but failed to set the parking brake. When Watkins removed the chock behind the tires, the truck rolled backwards. Utopia Transport is Guzman's employer. U.S. Storage was the premises owner. Robert Watkins Sr. succumbed to his injuries and passed on May 11, 2018. His wife,...

Excerpt: ...ian's duties as a constructive trustee. On April 29, 2005, Rafalian and Ray Haeim commenced a civil suit (SC085372) against Shahram Elyaszadeh (“Ely”). The suit concerned the property at 500 Carson Town Center, Carson, California 90745-1446. Ely filed a cross-complaint. On November 6, 2006, judgment was entered in favor of Ely and a constructive trust was imposed on Rafalian to safeguard Ely's 50% ownership in the property. On February 29, 20...

Excerpt: ... regarding Barto's operation of the field. The parties resolved the case in November 1999 by entering into a settlement agreement. Pursuant to the settlement agreement, Barto and Alamitos Land entered into another agreement called the Surface Use Relinquish Agreement and Grant of Easement (“SURGE”). The SURGE concerned an area located within Signal Hill East Unit known as the Boneyard. The SURGE granted easements allowing Barto to use the pro...

Excerpt: ...Christine Shanklin-Williams, owns the downstairs unit. The event took place on April 29, 2014. The complaint was filed on September 12, 2016. Trial is currently set for May 13, 2019. The complaint states one cause of action for property damage. Hope moves the court for leave to file the Amended Complaint. Defendants oppose. For the reasons set forth below, the Court grants the motion. II. Standard Code of Civil Procedure §§ 473(a)(1) and 576 pr...

Excerpt: ...rotection, leading to Robles' severe brain injury. Robles moves to extend the deadline to file a motion to add punitive damages. For the reasons set forth below, the Court denies the motion without prejudice. II. Standard Where an action arises out of the professional negligence of a healthcare provider, Code of Civil Procedure § 425.13 requires that the plaintiff request leave of the court to make a claim for punitive damages. This motion must ...

Excerpt: ...with a loan from defendant Quicken Loans. Quicken's motion for judgment on the pleadings with respect to the original complaint was granted on November 15, 2018, with 20 days' leave to amend. Britt filed a First Amended Complaint (“FAC”) on December 5, 2018. It asserts two causes of action against Quicken: the second, for quiet title, and the fourth, for violation of the federal Truth in Lending Act, 15 U.S.C. § 1601 et seq. This demurrer wa...

Excerpt: ...., on February 26, 2016. Plaintiffs added PIH Health Hospital- Downey as Doe 1 on March 3, 2016. Plaintiffs are the sons of decedent Damarys Moreno-Miranda. They allege defendants failed to diagnose and treat their mother's brain aneurysm. On April 11, 2018, the Court granted PIH-Downey's application to file a cross-complaint against Michael Shahangian, M.D., and Dowrad Medical Group. Trial was originally scheduled for June 4, 2018. Trial was con...

Excerpt: ...noza (Doe 1), owned the house in Compton where some of the alleged molestation took place. The Complaint alleges three causes of action for: (1) Sexual battery; (2) Battery; and (3) Negligence Only the third cause of action is alleged against defendants Yvonne I. Arroyo, Nicolas Arroyo, and Jesus A. Espinoza (Doe 1). These defendants now seek to compel a mental examination. They are joined separately by Salvador Arroyo and Bertha Arroyo. For the ...

Excerpt: ...13,268,400 in non-economic damages. Plaintiff Lori Morgan was awarded $1,000,000 for loss of consortium. The jury found J-MM was 45% at fault; Mr. Morgan was found to be 12% at fault. After a punitive damages phase, the jury awarded an additional $15,000,000 in punitive damages. The trial did not adjudicate wrongful death and survival claims belonging to Lori Morgan and Mr. Morgan's children, since Mr. Morgan was alive at the time of trial. Prior...

Excerpt: ...cumstances under which a verdict may be vacated or modified and a new trial set on all or part of the issues: (1) Irregularity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. (2) Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any...

Excerpt: ...atryan was employed by cross-defendant Express Rolloff. The passenger acquired transportation from Khachatryan and Express Rolloff by using the Uber app from Uber Technologies, Inc. Khachatryan filed suit against Villalobos and Villalobos's employer, defendant ATC Logistics, Inc. Villalabos and ATC filed an answer and a cross-complaint alleging (1) indemnity, (2) contribution, and (3) declaratory relief against Khachatryan, Express Rolloff, and U...

Excerpt: ... contract, and (2) common counts (open book account). Defendant TMX demurs to the complaint. Climan has filed an untimely First Amended Complaint (“FAC”). II. Standard Where the complaint fails to state facts sufficient to constitute a cause of action, courts should sustain the demurrer. (Code Civ. Proc. § 430.10(e); Zelig v. County of Los Angeles (2002) 27 Cal. App. 4th 1112, 1126.) In ruling on a demurrer, the Court shall accept all materi...

Excerpt: ...s. II. Standard CCP § 473(b) provides, in relevant part: The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the applic...

Excerpt: ...the appraisal came in at $555,000. The stipulation gives Luis Huitz and Rachel Lugo (daughter and son-in-law of defendant Guerrero) a right of first refusal to purchase the property at its appraisal price within 14 days of being notified of the appraisal and “shall supply to the Parties a pre- approval letter and/or proof of sufficient funds to purchase the property at the same time as they exercise their option to purchase the subject property...

Excerpt: ...mmercial property at issue. Plaintiffs allege the following causes of action: (1) Wrongful Eviction; (2) Defamation; and (3) Intentional Interference with Prospective Economic Relations Defendants demur to causes of actions 1 and 2 and move to strike. Plaintiffs oppose. II. Standard A. Demurrer Where the complaint fails to state facts sufficient to constitute a cause of action, courts should sustain the demurrer. (Code Civ. Proc. § 430.10(e); Ze...

Excerpt: ...llowing causes of action: (1) Breach of written contract (2) Breach of implied covenant of good faith and fair dealing (3) Breach of fit and finish warranties (4) Breach of implied warranties (5) Strict products liability (6) Fraud and negligent misrepresentation (7) Expungement of invalid lien HD demurs to causes of action 3, 4, 6, and 7. Plaintiff opposes. II. Standard A. Demurrer Where the complaint fails to state facts sufficient to constitut...

Excerpt: ...Laboratory Safety Improvements. Woodcraft's bid totaled $289,950. Defendant AP Construction Group, Inc., used Woodcraft's bid and was awarded the prime contract for the project. After being awarded, AP approached Woodcraft and asked Woodcraft to lower its bid price. Woodcraft and AP reached a partially oral, partially written contract whereby Woodcraft would lower its bid to $280,000 and AP agreed to pay $280,000. They also agreed on various paym...

Excerpt: ...time of Evangelina's death the property was paid off with no mortgage liens. Plaintiff alleges that between September 2016 and May 2017 multiple hard money loans were taken out in violation of lending laws (relating to whether plaintiff occupied the residence). The property is now in foreclosure and plaintiff seeks reformation of the loans. The operative First Amended Complaint alleges the following causes of action: (1) Breach of a written contr...

Excerpt: ...dication. EEL expressly exempts its claim for punitive damages (connected to the conversion claim) from its request for adjudication. (Mtn. pg. 17.) Gomez opposes. II. Standard A “motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (CCP § 437c(c).) Once the moving party has met its burden o...

Excerpt: ...hine. She and fellow employees subsequently had difficulty locating the emergency shut-off button. Plaintiff brought causes of action for: (1) General Negligence; (2) Strict Products Liability; (3) Negligent Products Liability; (4) Breach of Implied Warranty of Merchantability; (5) Fraudulent Concealment; and (6) Battery. Machado asserts the first, fifth, and sixth causes of action against defendants Helen Grace Chocolates, LLC, and BFC Financial...

Excerpt: ...; (4) Fraud; and (5) Breach of Fiduciary Duty. Plaintiffs assert the first through fourth causes of action against Defendants Bueno Properties, LLC (“Bueno Properties”) and Ramon Bueno (“Bueno”). Bueno Properties and Bueno separately demur to the Second Amended Complaint. II. Standard Where the complaint fails to state facts sufficient to constitute a cause of action, courts should sustain the demurrer. (Code Civ. Proc. § 430.10(e); Zeli...

Excerpt: ...d the instant motions to compel Defendant Liberty Fund's responses to requests for production and requests for admission. Liberty Fund opposed and seeks sanctions. II. Standard a. Interrogatories If a party to whom interrogatories are directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetary sanction. (Code Civ. Proc. § 2030.290(b).) The statute contains no time limit for a mot...

Excerpt: ...laintiff against both Defendants in the amount of $206,936.24. Plaintiff now moves for an order assigning judgment debtors' rights to payment and an order restraining judgment debtor. II. Standard Code of Civil Procedure section 708.510(a) states, in relevant part: (a) Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the judgment creditor or to a...

Excerpt: ...dard Motion for new trial Article VI, section 13 of the California Constitution provides: “No judgment shall be set aside, or new trial granted, in any cause, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of ...

Excerpt: ...te the trial. CEP seeks to (1) separate the phases of trial such that liability and compensatory damages are tried first, followed by punitive damages; and (2) preclude financial condition evidence until there is a finding of entitlement to punitive damages. II. Standard CCP § 598 states: The court may, when the convenience of witnesses or the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby, on...

Excerpt: ...otel premises, returned with a handgun, and began shooting; and shot and killed McClure's son. McClure alleges that the owners/operators of the motel, Defendants Richard and Barbara Braxton, negligently failed to repair the motel's defective gate, and had advance knowledge that the shooter posed a safety risk to the tenants of the motel, because they knew that the shooter and other tenant were drug dealers, and that the motel operates in a high c...

Excerpt: ...elonged to Plaintiff's and Defendant Monica Hidalgo's (“Monica”) father. Their father transferred the property to Monica because Plaintiff was unable to have the property in his name at the time due to personal difficulty. All parties agreed the subject property belong to Plaintiff; there are witnesses to these conversations. Their father passed away on March 27, 2016. Monica had previously agreed both in person and in text to quitclaim the p...

Excerpt: ...rdinances prohibiting construction of convenience and liquor stores to prevent nuisance activities. Plaintiffs own a shopping center and a business that operates a 7-Eleven. The City allegedly issued a permit to another entity to build another 7-Eleven in violation of the ordinances. II. Analysis: Motion for Attorney's Fees Entitlement Plaintiffs argue that Government Code section 6259(d) provides, “[t]he court shall award costs and reasonable ...

Excerpt: ...”). On March 22, 2018, the Court denied Defendants' first motion to quash for improper service on Plaintiff, untimely service under Code of Civil Procedure section 1005(b), and failure to pay filing fees. The Court noted that, on the merits, the motion is meritorious. (See March 22, 2018 Minute Order.) On April 24, 2018, the Court granted Defendants' first motion to quash. (See April 24, 2018 Minute Order.) On June 20, 2018, Defendants' filed t...

Excerpt: ...efendant Nica Container Freight Line, Inc. on April 10, 2017 for indemnity, contribution, and declaratory relief. Nica answered the Cross-Complaint on May 11, 2017. Nica filed a Cross-Complaint on March 26, 2018 against A-Game and non-party “Mendez de Magliane Management, LLC” for indemnity. On May 10, 2018, Mendez answered the Cross-Complaint. Now Mendez moves for leave to file a Cross-Complaint for equitable indemnity, allocation and contri...

Excerpt: ...ff Ridgill Johnson Properties, the operator of Avalon Villa, sued Mr. Calhoun and his widow, Defendant Thelidria Calhoun, on the grounds that the debt owed by Leo was incurred during his marriage to Thelidria and is a community debt. (Complaint, ¶ 9; Fam. Code sections 914(a), 910.) Defendant's daughter Dimitriea Calhoun moves to be appointed as her mother's personal representative in this action because her mother is disabled. II. Analysis Calh...

Excerpt: ...t as of 2005, he took possession of Jessie Saldana's property on his own accord and without permission from the family when it was abandoned by Defendant's son. (FAC, ¶¶ 12- 13.) Plaintiff has paid the property taxes on the subject property since 2004. (FAC, ¶ 14.) On June 21, 2018, Defendant Mary Hernandez filed this opposed demurrer to the FAC. The Court considered the moving and opposition papers. II. Standard A. Demurrer Where the complain...

Excerpt: ...tion of Homeowners Bill of Rights – Dual Tracking (4) Negligence (5) Violation of Business and Professions Code section 17200 Plaintiff requests the Court grant injunctive relief to enjoin Defendant and their agents from foreclosing on Plaintiff's home and for Defendant to make a fair and final determination on Plaintiff's eligibility for a loan modification. Defendant Cam XVII Trust filed a demurrer to the complaint. The Court considered the m...

Excerpt: ...Johnson petitions the Court to approve minor claimant Dominique Faniel's compromise. The proposed settlement is $10,000. There are no claimed medical expenses. Counsel requests 25% attorney's fees in the amount of $2,500.00 and $1,072.96 in other expenses such as filing fees, attorney service, and court call. Faniel would receive $6,427.04. II. Standard Court approval is required to establish an enforceable settlement of a minor's claim. (Prob. C...

Excerpt: ...hired defendant James Jennings to obtain possession of the property. Jennings allegedly broke into the property and changed the locks. As a result of Jennings' conduct, plaintiff was left without a home for three days, until the Los Angeles County Sheriff restored plaintiff's possession. Plaintiff's First Amended Complaint (“FAC”) asserts three causes of action: (1) vandalism destruction of personal property, (2) breaking and entering, (3) in...

Excerpt: ...iff alleges that Orea represented himself as a licensed welding contractor when he was unlicensed. When Plaintiff discovered this, Plaintiff demanded Orea cease all work and return all funds paid to him. Orea refused and advised Plaintiff he would put a lien on the property. Defendants answered the Complaint and filed a Cross- Complaint. On April 11, 2018, the Court dismissed the Cross Complaint. On April 23, 2018, Plaintiff filed this motion for...

Excerpt: .... According to the operative First Amended Complaint, Ball had access to confidential information about customers, pricing, rate sheets, etc. The terms of Ball's severance required him to return all AZ materials and information. He returned only his work laptop, and not the files stored on his personal computer. A preliminary injunction has been in effect for more than a year. It has been extended by stipulations of the parties and by orders of t...

Excerpt: ...oposed settlement is $3,500. There are $0 claimed medical expenses. Petitioner does not request attorney's fees. Tiernie would receive $3,500. There is no proof of service attached to the petition. II. Standard Court approval is required to establish an enforceable settlement of a minor's claim. (Prob. Code, §§ 2504, 3500, 3600, et seq.; Code Civ. Proc. § 372.) Indeed, until a petition for such approval is granted by the court, there is no fin...

Excerpt: ... Uriarte passed away on July 18, 2017, allegedly from injuries that are the subject of this action. Ana Aleida Uriarte Uriarte moves (1) to be appointed as successor-in-interest to Francisco Uriarte; and (2) for leave to file a Second Amended Complaint (“SAC”). II. Analysis A. Motion of Ana Aleida Uriarte Uriarte to be appointed as successor‐in‐interest to Francisco Uriarte Code Civ. Proc. §§ 377.11, 377.30, 377.31, and 377.32 entitle a...

Excerpt: ... Bill of Rights violations, wrongful foreclosure, negligence and negligence per se, and violation of Business and Professions Code § 17200. Defendant Wells Fargo Bank, N.A. filed a demurrer, motion to strike, and motion for relief from waiver. The Court has considered the moving, opposition, and reply papers. II. Legal Standard Where the complaint fails to state facts sufficient to constitute a cause of action, courts should sustain the demurrer...

Excerpt: ...sed the property at a trustee's sale and evicted Washington in an unlawful detainer action (Federal Home Loan Mortgage Corporation v. Purvis Washington, et al. Case No. 13U13458). Plaintiffs argue they were wrongfully evicted from the property. The First Amended Complaint (“FAC”) alleges the following:  Plaintiffs reside under a valid lease at 839 West 115th Street, Los Angeles, CA. (FAC ¶ 1.) Plaintiffs purport to include a copy of the l...

Excerpt: ...nthony McNulty. Breckenridge served a 3‐day notice to quit on May 11, 2018. McNulty did not vacate and remains in possession. The complaint was filed May 15, 2018. McNulty demurs to the complaint. Breckenridge opposes. II. Standard Where the complaint fails to state facts sufficient to constitute a cause of action, courts should sustain the demurrer. (Code Civ. Proc. § 430.10(e); Zelig v. County of Los Angeles (2002) 27 Cal. App. 4th 1112, 112...

Excerpt: ...he jury found for defendants. Defendants now move for $37,652.50 in attorneys' fees. II. Standard A prevailing party is “entitled as a matter of right to recover costs in any action or proceeding” under Code Civ. Proc. §§ 1032(a)(4) and (b). Items allowed as costs are enumerated in Code Civ. Proc. § 1033.5 and includes attorney's fees when authorized by contract, statute, or law. (Code Civ. Proc. § 1033.5(10).) When an attorney's fee is a...

Excerpt: ... modification was improper, because the loan servicer did not have the loan owner's permission, and led to a November 2013 settlement agreement between plaintiffs and the loan servicer in which plaintiffs released defendants from the causes of action in this case. Defendants' alleged the following timeline:  On August 4, 2006, plaintiffs executed a promissory note from Quick Loan Funding for $351,000. o The promissory note was secured via a De...

Excerpt: ...pg. 10.) A temporary restraining order was granted on October 19, 2017. (Mtn. Exh. A.) When circumstances changed and plaintiff no longer required the restraining order; plaintiff dismissed this action. (Decl. Wilcox pg. 10.) After dismissal, defendants Belmont Station and Jerome Chiaro filed a memorandum of costs requesting $1,366. Plaintiff filed this motion to strike costs. Defendant opposes. II. Standard A prevailing party is “entitled as a...

Excerpt: ...as an additional five‐year lease option. The defendants were given until January 5, 2017 to consult with an attorney and rescind the agreement. Defendants failed to comply with the stipulation and judgment against them was entered on March 29, 2018, for $126,267.50. Defendant Ok Joo Kim moves to vacate the judgment as to her. Plaintiff opposes. II. Standard CCP § 473(b) allows the court to relieve a party from judgment for that party's mistake...

Excerpt: ... on April 30, 2018. Plaintiffs are now pro per. It appears plaintiff Aracelia Cuevas has been a primary point of contact. Plaintiffs have failed to comply with the Court's order. Defendants now move for monetary ($1,100) and terminating sanctions. Defendants declare:  May 2, 2018, Defendants sent plaintiffs a letter requesting their compliance with the Court order by May 17, 2018. (Habibi Decl., Exh. B.)  Antonio Cuevas then called Defendan...

Excerpt: ...alleges in the operative Third Amended Complaint (“TAC”):  Urias started working for PBC in June 2015 (TAC ¶ 14.)  July 2015, Broussard began discussing with Urias the possibility of his taking a 25% interest in PBC. (Id. at ¶ 15.)  July 23, 2015, Broussard and Urias entered into an agreement under which Broussard allegedly transferred a 25% interest in PBC to Urias. (Id. at ¶ 16; Exh. 1.)  It was at all times Urias' understand...

Excerpt: ...with the filing of the First Amended Complaint (“FAC”). The FAC alleges that Alcaraz taken to a hospital room by a female nurse (Elizabeth McCarthy, Doe 1) who made Alcaraz lie down and then vaginally penetrated Alcaraz with her fingers. Alcaraz repeatedly asked the nurse to stop, to no avail, and the assault continued for several minutes. (FAC ¶ 7.) McCarty was an agency nurse on assignment for Fastaff. Alcaraz brings causes of action (“C...

Excerpt: ...to a contract whereby Tigers would transport a 20‐foot container of Exoto's goods from the United Arab Emirates to Moorpark, California. The goods allegedly were damaged. Tigers moves to quash service of the summons and complaint or to stay or dismiss the action on the grounds of inconvenient forum, based on a forum selection clause requiring suit in Cook County, Illinois. Exoto opposes. II. Standard C.C.P. §§ 418.10 and 410.30 allow a defend...

Excerpt: ...h Mill to repossess the vehicle upon Jumansa's default. (Id. Exh. 1, ¶ 8.) Defendant Juan M. Angulo is Jumansa's guarantor. Defendants allegedly owe $39,913.08. The complaint asserts causes of action for: (1) breach of loan and security agreement, (2) foreclosure of security agreement and possession of collateral, (3) account stated, (4) open book, (5) unjust enrichment, and (6) breach of personal guaranty. There is no proof of service for the s...

Excerpt: ... and logo printed on them. Green Grain allegedly only tendered partial payment. Capro brought suit. The parties entered into a confidential settlement agreement and a separate stipulation for judgment and agreement not to execute. Both agreements provided for the Court to retain jurisdiction under C.C.P. § 664.6. Green Grain agreed to make 8 payments on an installment basis. The payments were to be made on the 20th of each month ending on April ...

Excerpt: ...ange for 33,334 shares of AKR common stock. To induce Lee's investment, Kim told Lee that Kim had partnered with Peter Jung, a “well-known business man with thirty-years of experience in the recycling industry.” (Id. at ¶ 9.) Kim also told Lee that Lee would be able to work as AKR's bookkeeper and accounting manager. “According to Kim, AKR needed to update its bookkeeping and accounting practices.” (Id. at ¶ 10.) Lee bought the common s...

Excerpt: ...ion projects in which Defendants were required to perform for third parties. Defendants executed a Continuing Agreement of Indemnity (“CAI”) with Plaintiff in which Defendants agreed to indemnify Plaintiff for any claims made in connection with any bonds executed by Plaintiff on behalf of Defendants. (Muro Decl., para. 4; Appendix, Exh. 1.) The CAI grants Plaintiff the “sole discretion” to adjust, settle, or compromise any claim, demand, ...

Excerpt: ... a book account. The stated sum is $50,110.00. Plaintiff does not include a copy of the alleged June 2015 agreement. Tentative ruling: DENY  Plaintiff has submitted a declaration that remains inadequate to prove its case. The declaration does not specify when, or how Advanced Cleanup violated the agreement or what obligations Advanced Cleanup had pursuant to the agreement. Invoices and accounts are attached, but alone, they do not suffice. ...