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: ...st in favor of Defendant Financial Freedom Senior Funding Corporation. McNeal died on or about February 8. 2015. His interest in the property transferred to his daughter, plaintiff Ernestine Underwood. Plaintiff LaGina Easley is McNeal's granddaughter. According to the operative first amended complaint:  On February 27, 2015, Financial Freedom sent a repayment notice advising plaintiffs that foreclosure would be initiated unless the balance of...

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: ...nce the date of purchase. Plaintiffs are Stephanie Herrera, Defendant Herrera's sister, and her boyfriend Jackson Uvalle. In May 2014, De Lucas was deployed. Prior to deployment he signed a power of attorney to his sister, Melina Garcia. In July of 2014, Defendant De Lucas signed a document presented to him by Defendant Herrera in which they agreed to sell the Harris property by the end of 2015, and then proceed with a divorce. Defendant Herrera ...

Excerpt: ...few weeks later, was placed inside Ms. Tinsley. No physician or employee informed Ms. Tinsley that the stent was to be removed and so it remained. Over the next thirteen years, from 2002 to 2015, Ms. Tinsley suffered from abdominal pains, vomiting, nausea, and other problems. On August 23, 2015, Ms. Tinsley went to the emergency room at California Hospital Medical Center, where doctors performed an ultrasound and found the stent. Since the stent'...

Excerpt: ...replacement corporations, iColor Printing & Mailing, Inc. and Avid Logistics, yet Vista Bella refused these tenants in favor of seeking out a third party under a new lease agreement. Mascot's complaint alleges three causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair dealing, and (3) common counts – money had and received. Vista Bella moves for summary judgment only as to the iColor bid. Vista Bell...

Excerpt: ...his fleet of cars. Logan signed up for HyreCar's services through its online platform in December 2016. Logan alleges that during the 5 months he used HyreCar's services, his 2014 Camaro was embezzled, his 2010 Lincoln MKS was nearly totaled, and his 2011 BMW was held for a drug search. He also alleges HyreCar failed to pay him for services rendered on his 2012 Volvo. Logan communicated these claims to HyreCar and was directed to their Terms of S...

Excerpt: ...fornia Homeowner Bill of Rights (“HBOR”) Plaintiff asks the Court to stop the foreclosure, rescind the Notice of Default and Notice of Sale and order Defendant to offer a reasonable loan modification. Defendant has included a declaration showing that Plaintiff's application for loan modification (discussed at the last hearing) has been denied. Defendant demurs to the SAC and moves to strike. Plaintiff opposes. The Court has reviewed all the p...

Excerpt: ... quitclaimed their interests to Lorne on December 4, 2003. Plaintiff is not listed on the title. A notice of delinquent assessment lien was recorded on April 18, 2017 by Gardena Villas West Owners Association aka Gardena Villas HOA. When the default was not cured, the property was foreclosed. At the foreclosure sale on October 5, 2017, Defendant Liberty Fund won the bidding at $127,800. Defendant Liberty Bell demurs to the complaint. Plaintiff op...

Excerpt: ...possess the vehicle upon Defendant's default. (Id.at ¶ 15.) Defendant allegedly owes $29,935.63, and has wrongfully withheld possession of the vehicle by storing it inside a structure or locking it behind a gate within a garage. (Decl. Svoboda pg. 2.) The complaint asserts causes of action for claim and delivery, breach of contract, and common count— money lent. Proof of Service of Summons and Complaint was filed on April 30, 2018. II. Standar...

Excerpt: ...inst Defendant Steve Kim. There is also a breach of contract case (TC029017), filed before the unlawful detainer, that derives from the same lease agreement. The lease is between Plaintiff and Steve Kim; however, Good Clothing Inc., claims to be in possession of the property and has filed for Chapter 11 Bankruptcy. The parties have signed a stipulation agreeing that the breach of contract case is not included in the automatic stay. Plaintiff now ...

Excerpt: ...��FAC”): (1) Unfair Competition; (2) Misappropriation of Trade Secrets; (3) Breach of Contract; (4) Breach of Duty of Loyalty; (5) Intentional Interference with Contract; (6) Intentional Interference with Prospective Economic Advantage; (7) Violations of Labor Code §§ 2860, 2862, and 2863; (8) Fraud; (9) Accounting; (10) Unjust Enrichment; and (11) Wrongful Possession/Claim and Delivery As alleged by AZ, Defendant Ball was a sales manager at ...

Excerpt: ...alifornia wherein the incident occurred… Defendant… interrupted my efforts to attain relief from the colluding actions of the car dealer and lender for my purchase of my 2013 Chevy Cruze car.” No other facts are alleged. Plaintiff requests $30,000 in damages. On March 20, 2018, the Court denied Defendant's motion to set aside default and motion to change venue without prejudice. (SeeMarch 20, 2018 Minute Order.) On May 8, 2018, on Defendant...

Excerpt: ...omic loss (lost earnings) of $76,360;  Future economic loss (lost earnings) of $53,200.00;  Past noneconomic loss (pain and suffering) of $158,000; and  Future noneconomic loss (pain and suffering) of $665,000. Plaintiff now moves for attorney fees under CCP § 2033.420 (failure to admit the truth of a matter) and prejudgment interest under CCP § 3291 (judgment greater than rejected CCP § 998 offer). Defendants oppose the motions. II. ...

Excerpt: ...ctor, Bannaoun Engineers Constructors Corporation. Bannaoun signed an Indemnity Agreement with DSIC to secure bonds on April 8, 2015. DSIC then issued payment and performance bonds naming Bannaoun as principal. The Indemnity Agreement obligates Bannaoun and certain individuals to indemnity DSIC from any all loss occurred in relation to the bonds. The bonds guaranteed payment to the subcontractors and the performance bond guaranteed Bannaoun's per...

Excerpt: ...arrest, dementia, bacteremia, hypertension, and sepsis. (Mtn. Exh. 1.) The complaint was filed on March 26, 2018, with the answer filed May 4, 2018. Meloncon provides a copy of a verbal hospice certification order by Dr. Anitha Mitchell. (Id.) Within the order, Dr. Mitchell certifies that Meloncon has a life expectancy of less than 6 months. (Id.) The declaration by Meloncon's attorney states that in November 2017, Meloncon was treated at Torranc...

Excerpt: ...collision. Jose Juan Martinez, a minor, sues through Armando Martinez, his father and guardian ad litem. Armando was driving a 2015 Nissan Versa with Maria, Jose Juan, and Elizabeth as passengers. (The Court respectfully refers to each plaintiff by his or her first name solely for clarity.) The driver of a 2012 Volvo semi-truck and trailer, defendant Maan Parampareet Sing, allegedly rear-ended the Martinez vehicle. The Volvo semi-truck also rear-...

Excerpt: ... it was a disinterested stakeholder. A hearing was set shortly thereafter for all claimants to appear and prove their claim. No one appeared. The principal sum is now $171,977.98 and is on deposit with the Court. On March 13, 2018, the Court ordered ETS to locate any potential claimants. ETS located Mae Martin, the foreclosed homeowner. (On October 22, 2002, Mary Martin changed her name to Mae Martin.) Mae Martin, in pro per, has filed a claim fo...

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. ...

Excerpt: ...n, Inc. Herrera is a trucking company that picks up and transports old appliances. When demand necessitates, Herrera subcontracts with other trucking companies. State Fund audited Herrera on October 20, 2015. Herrera provided the auditor with various information but failed to provide all 1099's for payments to its subcontractors. This resulted in those payments being included in the audit because Herrera did not provide sufficient evidence that t...

Excerpt: ...S”). Defendant Design Group Facility Solutions, Inc. (“DGFS”) was the general contractor hired by SMS for the construction project where the incident took place. DGFS had contracted with Defendant C&L Refrigeration Corporation (“C&L”) to install refrigeration systems at the property. C&L contracted with Vast to install electrical components for the refrigeration systems. The property owner is Defendant Watson Partners L.P. (“Watson”...

Excerpt: ...on Yury Akopyan, CEO of Kamila, on June 28, 2016. The only documents Akopyan produced were bank statements and corporate dissolution documentation that had been filed with the Secretary of State. Plaintiff alleges that the dissolution documents show that Complete Care Community Health Center, Inc. (“CCCHC”) assumed the assets and liabilities of Defendant. The documents include the following details:  “WHEREAS, in conjunction with receivi...

Excerpt: ...imited civil case and personally filed an answer. The answer was stricken on May 4, 2017. Default was entered on June 12, 2017. Default Judgment was entered on October 18, 2017. Defendant, now represented by counsel, filed the current motion on April 20, 2018. I. Standard A court has inherent, equitable power to set aside a judgment on the ground of “extrinsic fraud or mistake.” (Olivera v. Grace (1942) 19 Cal.2d 570, 576.) There are three es...

Excerpt: ...s of Action alleging: (1) Negligence; (2) Negligent Supervision; (3) Negligent Hiring & Training; (4) Negligent Infliction of Emotional Distress (“NIED”); (5) Respondeat Superior; (6) Assault; (7) Battery; (8) False Imprisonment/False Arrest; (9) Defamation (slander); and (10) Intentional Infliction of Emotional Distress (“IIED”). Plaintiffs allege:  “Defendant Ontrece Ellerbe is . . . the Chief Executive Officer, Chief Administratio...

Excerpt: ... uninsured motorist bodily injury payments, property damages, and loss of use. (See Motion, Exh. 2.) Defendant agreed to pay the total amount of $52,493.16, by making $350.00 monthly payments into a trust until paid in full. The Court retained jurisdiction pursuant to CCP § 664.6. (Id., ¶1.) The agreement also authorized actual attorney fees. (Id.) The agreement was properly executed. Mercury moves the Court for the remaining principal of $42,0...

Excerpt: ...America) agreed to settle this case arising out of alleged failures to pay wages and overtime. (See Motion, Exh. A.) Defendants agreed to pay a total of $230,000.00 in three payments to the Donahoo & Associates, PC Client Trust Account. (Id., Section 2.0):  First payment of $25,000 to be paid on or before December 15, 2017 by L&B or Kevin Quarles;  Second payment of $137,800 to be paid on or before February 15, 2018 by Travelers; and  Th...

Excerpt: ...round of “No Judgment or Orders made on 03/07/18 for the judgment amount you are seeking.” (Cunningham Decl. 2) However, defendants filed a proposed order for awarding costs pursuant to their memorandum of costs on May 14, 2018. The memorandum for cost and the proposed order are unopposed. II. Standard CCP § 1032(4): “'Prevailing party' includes . . . a defendant in whose favor a dismissal is entered” CRC 3.1700 states: “A prevailing p...

Excerpt: ...t the minors were not properly supervised by school personnel. Plaintiff has purportedly settled with Defendant Wisdom Academy for Young Scientists' Charter School. M.D., by and through his guardian ad litem Maria Herrera, petitions the Court to approve minor's (M.D.'s) compromise. The proposed settlement amount is $185,000. Medical expenses requested to be paid from the proceeds equal $10,524. Requested attorney fees amount to $61,667, which wou...

Excerpt: ...ica, Inc. Solorio filed a Cross-Complaint against XPO alleging these Causes of Action: (1) Equitable Indemnity; (2) Comparative Contribution; (3) For Declaratory Judgment; and (4) Indemnity pursuant to California Labor Code Section 2802. Solorio alleges that: “If Plaintiff recover[s] against Cross-Complainant, then Cross-Complainant is entitled to equitable indemnity, apportionment of liability, contribution among, and from, Cross- Defendants�...

Excerpt: ...answered the Complaint and filed a Cross-Complaint asserting these Causes of Action against YYB: (1) Fraud; (2) Slander of Title; and (3) Financial Elder Abuse. The crux of the Cross-Complaint is that:  On July 22, 2016, YYB “falsely and fraudulently represented to Hinton that YYB would install fifteen vinyl windows for $35,908.00 and concrete pavers at a cost of $30,000.” (Cross-Complaint, ¶ 5.)  “The representations made by YYB wer...

Excerpt: ...rade Secrets; (3) Breach of Contract; (4) Breach of Duty of Loyalty; (5) Intentional Interference with Contract; (6) Intentional Interference with Prospective Economic Advantage; (7) Conversion; (8) Violations of Labor Code §§ 2860, 2862, and 2863; (9) Fraud; (10) Injunctive Relief; (11) Accounting; (12) Unjust Enrichment; and (13) Wrongful Possession/Claim and Delivery. Defendants James P. Ball and Empire Container Freight Station, Inc. move f...

Excerpt: ...ecific cause of action. Defendants Doug Blum dba Affordable RV Storage and Karrie Blum-Maybin demur to the Complaint. The demurrer is unopposed. II. Standard Where the complaint fails to state facts sufficient to constitute a cause of action, courts should sustain the demurrer. (CCP § 430.10(e); Zelig v. County of Los Angeles (2002) 27 Cal.4 th 1112, 1126.) In ruling on a demurrer, the Court shall accept all material allegations in the Complaint...

Excerpt: ...e the motions. (Id.) The motions are indeed unopposed. Defendant has filed two separate motions to compel the depositions of third‐party witnesses Christopher Mapps and Christina Brown. II. Standard CCP § 2017.010 states, in pertinent part: “[A]ny party may obtain discovery regarding any matter, nor privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if ...

Excerpt: ...int with leave to amend. (November 7, 2017 Minute Order.) In his Second Amended Complaint (“SAC”), Plaintiff alleged three causes of action against Defendants Caliber and Summit Management Company, LLC: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; and (3) violation of statute. On February 8, 2018, The Court (1) overruled Caliber's demurrer to the SAC's first and second causes of action; (2) sustai...

Excerpt: ...in the garage portion of the premises. No time period was specified, there was no money to be paid and either party could terminate the agreement with or without notice. Pursuant to the permission granted, defendant placed his personal property in the garage.” (SAC, ¶ 8.)  Vera wanted Raul to remove his possessions from the premises and gave him notice “terminating the relationship.” (Id., ¶ 9; Exh. 1.)  Raul has not moved his thing...

Excerpt: ...ein the incident occurred… Defendant… interrupted my efforts to attain relief from the colluding actions of the car dealer and lender for my purchase of my 2013 Chevy Cruze car.” No other facts are alleged. Plaintiff requests $30,000 in damages. On March 20, 2018, the Court denied Defendant's motion to set aside default and motion to change venue without prejudice for various reasons, including lack of consistency between the motion to set ...

Excerpt: ...t against Camacho alleging that Camacho committed fraud pertaining to a breached Lease Agreement between the parties concerning the restaurant. Gonzalez alleges that Camacho concealed material facts, represented himself as a lessee, executed an agreement with Gonzalez to lease the premises of the restaurant, abandoned the premises before the lease agreement terminated, and caused Gonzalez substantial economic harm. Camacho has filed an Anti‐SLA...

Excerpt: ... the Negligence claim in Ayodele's original complaint with leave to amend. (See September 26, 2017 Minute Order.) In the First Amended Complaint (“FAC”), the Negligence allegations remained substantively the same, except for ¶¶ 39‐41, which were conclusory allegations regarding First Bank and SBS' alleged duties to Ayodele. Ayodele also added a third Cause of Action for Conspiracy without leave of Court. The Court sustained the demurrer a...

Excerpt: ...ded:  Past economic loss (lost earnings) of $76,360;  Future economic loss (lost earnings and medical expenses) of $53,200.00 and $10,000;  Past noneconomic loss (pain and suffering) of $158,000; and  Future noneconomic loss (pain and suffering) of $665,000. Defendants move for judgment notwithstanding the verdict (JNOV) and for a new trial. II. Analysis A. Motion for judgment notwithstanding the verdict A motion for JNOV “may prope...

Excerpt: ...r minor's compromise on April 26, 2018. Plaintiff settled with all Defendants, who now move unopposed for an order sealing Plaintiff's petition for minor's compromise. A Court order is required for a record to be filed under seal. (CRC, Rule 2.551(a).) The party requesting that a record be sealed must file a motion or application that the record be sealed with a memorandum and a declaration containing facts sufficient to justify the sealing. (CRC...

Excerpt: ...damages of $1,167.33 from March 5, 2018, and forfeiture of the lease. A copy of the Three‐Day Notice purportedly served on March 5, 2018 is attached as Exhibit 3. All Defendants demur to the Complaint. II. Analysis Defendants argue the Three‐Day Notice for $102,184.96 relating “to the amount due for rent, utilities, late charges through March 5, 2018, and utilities through February 2018,” was ambiguous because it does not specify “how t...

Excerpt: ... who passed away in 2016;  In 2014, the City of Los Angeles filed papers to declare the property a nuisance and take control of it. Notice of this was given to Janet Bobbitt who was incompetent at the time and incapable of objecting to the City's efforts;  The City had a meeting with Plaintiff and his mother in 2014 that put the City on notice of Janet Bobbitt's lack of mental capacity;  The City took control of the property, obtained a ...

Excerpt: ...s not move for summary adjudication. The Complaint asserts causes of action for Breach of Contract and “Breach of Duty.” The Complaint alleges, in relevant part:  Defendants, including Nolan, “entered into contracts referred to as bills of lading, or contracts for bills of lading, wherein the Defendants… agreed to participate in some manner in the transportation of the subject freight… and deliver the helicopter… in the same condit...

Excerpt: ...y responses in violation of CCP § 2031.250. Defendants request sanctions of $1,100 to be imposed on Plaintiffs and their counsel. Plaintiffs oppose the motion on the basis that their counsel has been trying to be relieved from representing Plaintiffs since January 2018, and that Defendants, by filing this motion, are seeking to take advantage of the breakdown in the Plaintiffs‐Plaintiffs' counsel relationship. “Plaintiffs' counsel acted with...

Excerpt: ...ts. M.C., by and through his guardian ad litem Pakisha Carr, petitions the Court to approve minor's (M.C.'s) compromise. The proposed settlement amount is $460,000. There are no claimed medical expenses. Requested attorney fees total $184,000. Litigation costs amount to $16,395.60. (Petition, Attach. 14b.) Claimant would receive the balance: $259,604.40, delivered through (1) a structured settlement annuity in the total amount of $220,604.40 and ...

Excerpt: ...t's deposition subpoena for Plaintiff's employment records from four different employers. (See Plaintiff's Separate Statement.) II. Standard The court can make an order quashing or modifying a subpoena as necessary to protect a person from “unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (CCP § 1987.1(a).) III. Analysis A. Request for Judicial Notice The Court grants Plaintiff's u...

Excerpt: ...e Court has found that these cases are related. (March 20, 2018 Minute Order.) The UD action is set for trial on May 29, 2018. CCP section 1048 gives the court discretion to consolidate actions involving a common question of law or fact, and “make… orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” Defendant argues:  “Should the unlawful detainer matter be tried without consolidation, it may have re...

Excerpt: ...aining:  The SAC would include five new causes of action based on the same facts already pled.  The additional causes of action involve violations of the California Fair Employment and Housing Act.  Plaintiff could not bring these causes of action earlier because the Equal Employment Opportunity Commission was still investigating charges Plaintiff had filed with the Department of Fair Employment and Housing, and the EEOC had not yet issu...

Excerpt: ... be brought by either party of this Agreement, the prevailing party shall be reimbursed for all reasonable attorney's fees and costs in addition to other damages awarded.” (Motion, Exh. A, ¶ 27.) II. Analysis A. Entitlement to attorney fees A “prevailing party,” which includes a “defendant in whose favor a dismissal was entered,” is “entitled as a matter of right to recover costs in any action or proceeding.” (CCP §§ 1032(a)(4) &...

Excerpt: ...nt for costs advanced on behalf of Tiernie.  Counsel requests “that the Court forego the minor's compromise and release hearing for this matter… because the total settlement payable to Tiernie is less than $5,000.  California Probate Code section 3611(e) allows the Court to exercise its discretion to forego the minor's compromise and release procedures where “the remaining balance of the money and other property to be paid or delivere...

Excerpt: ...ney Fees and Cost (CCP section 386.6) by Cross-Complaint/lnterpleader was set on November 18, 1997 in Department SCA before Judge Victoria Chavez. It is unclear there was a final ruling on that motion and/or determination of final deposition of interpleader funds (S15,000) on depositwith the Court (March 14, 2018 Minute Order.) The Court ordered the parties to brief this issue. Doherty & Catlow, purported successor attorneys for the interpleader,...

Excerpt: ... sale of her property. Maxximum, serving as Plaintiff's real estate agent, allegedly deceived Plaintiff into believing she was only entitled to receive $65,003.00 of the purchase price proceeds when she was entitled to 50% of the $2.5 million purchase price (as represented by Maxximum), approximately $1,115,967.00. Plaintiff allegedly relied on Defendant's misrepresentations and accepted the transaction, but Defendant only deposited $39,037.51 in...

Excerpt: ...s from a water leak from an upstairs unit (Defendants') into a downstairs unit (Plaintiff's) at a condominium complex. Defendants move for summary judgment. 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 of demon...

Excerpt: ... to Gloria Cisneros (now deceased), the sister of Defendant Mary Hernandez.  In 2005, Plaintiff and decedent moved into the property at issue in this action.  The property belonged to “Jessie Saldana, mother of Defendant and Mary L. Hernandez, who died intestate. The house remained in the family with the understanding that Jesus Cisneros and his wife Gloria J. Cisneros would be residing there.” (Complaint, ¶ 10.)  Plaintiff has paid...

Excerpt: ... denied this motion for improper service on Plaintiff, untimely service under CCP § 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.) II. Analysis Defendants have corrected previously‐identified defects. Defendants demonstrate that Plaintiff has not properly served any Defendant. Proper service may be effected through (1) personal service to a defendant o...

Excerpt: ...lleges that the minors were not properly supervised by school personnel. Plaintiff has purportedly settled with the Los Angeles County Office of Education (“LACOE”). M.D., by and through his guardian ad litem Maria Herrera, petitions the Court to approve minor's (M.D.'s) compromise. The proposed settlement amount is $185,000. Claimed medical expenses are $13,603. Requested attorney fees total $61,667. Expenses for “copies, postage, filing f...

Excerpt: ...; (4) Negligence; (5) Breach of Contract; (6) Intentional Infliction of Emotional Distress (“IIED”). The FAC alleges, in pertinent part:  Plaintiff was a third‐year medical student at Charles Drew University School of Medicine (“CDU”), which operates in conjunction with and under the supervision of the David Geffen School of Medicine at UCLA;  She had a reading disability and voluntarily went to UCLA's Office for Student Disabilit...

Excerpt: ...ash Plaintiffs' business records subpoena on third party Los Angeles County Department of Public Health (“Department”). This business records subpoena seeks information pertaining to Defendant, who moves to quash the subpoena on the basis that the subpoena is overbroad, irrelevant, and violates Defendant's privacy rights; (2) Plaintiffs' motion to compel the Department to produce those business records requested by the subpoena. Both motions ...

Excerpt: ...o toxins from Defendants' products. 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 Aleyda Uriarte Uriarte to be appointed as successor‐in‐interest to Francisco Uriarte The Court grants Defendant...

Excerpt: ... Defendants' request pertaining to construction 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 with respect to any bonds executed by Plaintiff on behalf of Defendants.  The CAI grants Plaintiff the “sole discretion” to adjust, settle, or compromise any claim, ...

Excerpt: ...ud against Defendants Rene Mendez and RMZ Group, Inc. Plaintiffs allegedly executed a contract with Defendants whereby one or both Plaintiffs would build three separate buildings on three separate parcels located in the City of Compton, CA, and Defendants would pay for labor and materials as invoiced. Defendants allegedly failed to pay for the labor and materials. Plaintiffs recorded mechanic's lien claims against the parcels on December 24, 2016...

Excerpt: ...aint as Exhibit 1);  The agreement required EEL to pay a deposit of $108,000 representing three months' advance rent;  The agreement stated that the lease would be contingent on EEL receiving a license from the City of Lynwood for marijuana business activities within 180 days, and that failure to obtain the license within 180 days would render the lease “null and void” (Complaint, ¶ 6);  EEL also held an exclusive option to purchase...

Excerpt: ...sums as the parties would determine as the price for extra work...” (Complaint, ¶ 3.)  Plaintiff allegedly performed extra work on Defendant's home for “an agreed price and reasonable value of $41,500.” (Id., ¶ 4.)  Altogether Defendant agreed to pay $60,500 for home improvement services.  Defendant only paid $8,800, and owes $51,700 to Plaintiff.  Plaintiff recorded a mechanic's lien claim against Plaintiff. Defendant demurs ...

Excerpt: ...e and McDonald's filed a joint memorandum of costs. Andrews and Willowbrook also filed a joint memorandum of costs. Plaintiffs have filed two motions to tax costs (one for each memorandum). II. Standard A prevailing party (including a “defendant as against those plaintiffs who do not recover any relief against that defendant”) is “entitled as a matter of right to recover costs in any action or proceeding” under CCP §§ 1032(a)(4) and (b)...

Excerpt: ... 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 crime area. Pla...

Excerpt: ...ame is also misspelled.) Counsel's declaration states that Byron has failed to pay for counsel's fees pursuant to their legal services agreement. The declaration also notes an “increasing failure of communication.” Moving and supporting papers were served on Byron and Plaintiffs' counsel by mail on March 20, 2018. II. Standard Under CCP § 1005(b), moving and supporting papers need to be filed at least 16 court days before the hearing. Under ...

Excerpt: ...ndant Gil de Rubio, M.D. have reportedly settled, and this Defendant moves unopposed for determination of good faith settlement in the amount of $200,000. I. Standard CCP § 877.6(a) entitles any party to an action involving two or more alleged joint tortfeasors to a hearing on the issue of a good faith settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors. In Tech‐Bilt, Inc. v. Woodward‐Clyde & Associ...

Excerpt: ...ina Hernandez. There were no specific allegations against former Defendant Green Apple Escrow, except that the sale was made “thru [sic] an Escrow with Green Apple Escrow, Inc…” (Original Complaint, ¶ 16.) Nevertheless, Plaintiffs asserted Causes of Action alleging Specific Performance, Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, and Fraud, against Green Apple. The Court sustained Green Apple's demurr...

Excerpt: ...apers on March 12, 2018, and has filed a proof of service reflecting timely service on Plaintiff only. (It appears Defendant has not been served with the summons and complaint.) Counsel moves to be relieved because of “irreconcilable differences and breakdown in communications…” (Declaration.) A CMC and OSC re failure to prosecute is set for April 18, 2018, and trial has not been set. II. Standard Under CCP § 1005(b), moving and supporting...

Excerpt: ...��). Allegedly: Defendant Design Group Facility Solutions, Inc. (“DGFS”) was the general contractor hired by SMS for a construction project on the property of the alleged accident. Defendant Watson Partners L.P. is the owner of the property. DGFS had contracted with Defendant C&L Refrigeration Corporation to install refrigeration systems at the property. C&L contracted with Vast to install electrical components for the refrigeration systems. ...

Excerpt: ...� $9,277.29 (3) Service of process ‐ $485.00 (4) Court reporter fees ‐ $5,625.85 (5) Models, enlargements, and photocopies of exhibits ‐ $27,092.09 Plaintiff moves to tax costs. II. Standard A prevailing party (including a “defendant as against those plaintiffs who do not recover any relief against that defendant”) is “entitled as a matter of right to recover costs in any action or proceeding” under CCP §§ 1032(a)(4) and (b). A �...

Excerpt: ...otion without prejudice because: (1) [C]ounsel's purported reason for bringing the motion (“a significant breakdown in the attorney‐ cleint [sic] relationship”) is too vague, and (2) counsel has not demonstrated, considering the fast‐ approaching April 16, 2018 trial date, that it took “reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client…” (Rule of Professional Conduct 3‐700(A)(2).) Counsel has a...

Excerpt: ...rrer is unopposed. The First Amended Complaint states: ¥Vera is the owner of the premises; ¥Raul is in possession of the premises via tenancy at will; ¥There is no written lease agreement; ¥RaulÕs tenancy Òbegan when Plaintiff allowed Defendant to reside at the premises for an indefinite period of timeÉÓ ¥Vera caused a 30 -Day Notice to be served on Raul on October 20, 2017; ¥The Notice included an election of forfeiture; ¥Raul failed ...

Excerpt: ...inst Defendants James William Buckley and John Whitney Buckley. On the same date, the Court, upon First American's request, dismissed with prejudice Defendants Fred Hanes and Kathleen Ann Buckley Hanes. First American has submitted an unopposed application for order for sale of dwelling. A proposed order has been submitted. The Court denied without prejudice First American's previous application on June 8, 2017. II. Discussion A. Standard A court...

Excerpt: ...rmining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross‐complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading.” CCP § 430.41(a)(3) further requires: “The demurring party shall file and serve with the demurrer a declaration stating either o...

Excerpt: ...nt. Defendants answered the Complaint and filed a Cross‐Complaint. Plaintiff (1) demurs to the Defendants' Answer and Cross‐Complaint, and (2) moves for sanctions against Defendants. The demurrer and the motion for sanctions are based on Plaintiff's argument that Defendants are not, and never were, licensed welding contractors. II. Standard A. Demurrer Where the complaint fails to state facts sufficient to constitute a cause of action, courts...

Excerpt: ...out Plaintiff's former counsel (Nguyen) was effected only on March 13, 2018. Defendants must address this at the hearing. Second, the motion was not served 16 court days before the hearing as required by CCP § 1005(b). Third, the motion to quash was filed as to 6 defendants, but fees were paid only as to one party. The Court denies this motion, without prejudice, on these grounds. II. On the merits If the Court reaches the merits, it would grant...

Excerpt: ...rth causes of action against Pacesetter. Pacesetter demurs to the second and third causes of action only. Plaintiff alleges that:  He worked as an independent contractor for Hyrecar and rented his vehicles through Hyrecar's car sharing platform;  One of Plaintiff's cars was embezzled through the platform;  Plaintiff requested an appraisal report from Hyrecar's third party administrator: Pacesetter, who offered Plaintiff $17,000 cash valu...

Excerpt: ...e; no new documents have been submitted. The Court therefore re‐posts its tentative ruling. In this wrongful death action, Defendant Wesley Blake allegedly was driving a tractor with a container atop his trailer when that container clipped the bottom of an overpass, dislodged, fell onto the adjacent sidewalk, and killed Robert Castorena. Blake was driving on behalf of Defendant Brindley Transportation, and the vehicle Blake was driving was owne...

Excerpt: ...herein the incident occurred… Defendant… interrupted my efforts to attain relief from the colluding actions of the car dealer and lender for my purchase of my 2013 Chevy Cruze car.” No other facts are alleged. Plaintiff requests $30,000 in damages. There are three motions or requests before the Court: Plaintiff's request for default judgment, Defendant's motion to set aside default, and Defendant's motion to change venue. II. Motion to set ...

Excerpt: ...f's counsel Marcus Gomez has submitted a declaration stating that he failed to appear at the August 30, 2017 Case Management Conference and OSC re Dismissal for Failure to Prosecute because he failed to calendar that hearing date. 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 agains...

Excerpt: ...o Causes of Action in the body of the Complaint, both for “Injunctive Relief.” Plaintiff alleges that:  He is the former owner of property that was sold to Defendants at a trustee's sale;  Defendants are now seeking to evict Plaintiff via Unlawful Detainer action;  The UD action is being wrongfully prosecuted;  Defendants (unspecified who) ordered a “gang of men” to commit grand theft at the property;  The foreclosure was w...

Excerpt: ...o alleges that she was improperly misdiagnosed as mentally incompetent and forced to take psychiatric medication. Defendant is a public entity. Plaintiff prays for compensatory damages (in the amount of “one billion dollars”). Under the Government Claims Act, Plaintiff may not maintain an action for damages against a public entity unless a written claim has first been presented to the public entity and rejected. (Government Code §§ 900.4, 9...

Excerpt: ... not defaulted on its rent payment obligations; and (2) the Complaint is uncertain. Defendant's arguments are unavailing because:  Defendant fails to explain how the Complaint is factually deficient.  Defendant fails to cite to any authorities for his proposition (based on extrinsic evidence) that an Unlawful Detainer Complaint based on a month‐to‐month tenancy must allege default or some wrongdoing by the defendant. (Compare CCP §§ 1...

Excerpt: ...Defendant HSBC Bank USA such that neither Defendant has standing to foreclose. Defendants HSBC and Wells Fargo demur to the entire FAC, and move to strike portions of the FAC. The demurrer and motion to strike are unopposed. The Court sustained these Defendants' demurrer to Plaintiff's original complaint with leave to amend on December 19, 2017. At the February 7, 2018 Case Management Conference, the Court noted that Plaintiff “intends to move ...

Excerpt: ...s allegedly broke into the property and changed the locks. As a result of Jennings' conduct, Plaintiff was allegedly left without a home for three days, until the Los Angeles County Sheriff restored Plaintiff's possession. Plaintiff asserts three causes of action against Defendant James Jennings: (1) Forcible Eviction; (2) Intentional Infliction of Emotional Harm (“IIED”); and (3) Conversion. Defendant Jennings moves for judgment on the plead...

Excerpt: ...cipated in an unfruitful Informal Discovery Conference on January 5, 2018. Defendant moves to compel (1) Plaintiff's deposition in Los Angeles (or make Plaintiff pay for Defendant's Spain trip); and (2) “production of documents without objection” at the deposition. II. Analysis A. Objections The Court need not rule on Plaintiff's Objections because they are immaterial to the Court's ruling on this motion. B. Motion to compel production of doc...

Excerpt: ... Defendant filed a Motion to Vacate the Renewal of Judgment for failure to serve her with the Summons and Complaint. The Court granted this motion on December 4, 2017, and instructed Defendant to respond to the Complaint. II. Analysis Defendant now moves to dismiss the action. CCP § 683.170 states: “The renewal of a judgment pursuant to this article may be vacated on any ground that would be a defense to an action on the judgment…” The fai...

Excerpt: ...om the Church property transaction, and $73,254.17 from the Compton property transaction; and  Russo is entitled to recover $802 in costs, but not the $300 spent opposing a demurrer in the underlying case, or $500 spent on a failed motion for summary judgment. The Court also found that Russo's default package contained the following defects:  Russo had not proven fraud or punitive damages pursuant to Civil Code section 3294 against Culkin. ...

Excerpt: ...real property, and seeks partition of that property. Defendant filed an Answer on October 28, 2015. On September 13, 2016, the Court noted that, since filing the Answer, “Defendant and Defense counsel have not participated in any of the court's proceedings to date.” (September 13, 2016 Minute Order.) On July 20, 2016, the Court imposed $1,500 in sanctions against Defense counsel for failure to participate in Case Management. Defense counsel a...

Excerpt: ...tories, Set One, and (2) Request for Production of Documents, Set One. Plaintiff also requests sanctions in the amount of $2,860 for each motion. Timely opposition and reply papers have been filed. The parties have previously engaged in failed meet and confer efforts and an unfruitful Informal Discovery Conference. (October 30, 2017 Minute Order.) Defendant had previously requested multiple extensions to respond to Plaintiff's discovery requests,...

Excerpt: ...rvice reflecting timely service on all interested parties. Counsel moves to be relieved because of “a significant breakdown in the attorney‐cleint [sic] relationship...” (Declaration.) A Final Status Conference is set for April 9, 2018, and trial is scheduled for April 16, 2018. II. Standard Under CCP § 1005(b), moving and supporting papers need to be filed at least 16 court days before the hearing. Under CCP §§ 1005(b) and 1013(a), movi...

Excerpt: ...ges; (3) Failure to Pay Overtime Compensation; (4) Failure to Provide Meal and Rest Periods; (5) Failure to Maintain Records; (6) Failure to Reimburse for Business Expenses; and (7) Violation of Business and Professions Code, Section 17200. Arreguin alleges that Lincoln failed to provide Arreguin with compensation for work and overtime, and failed to provide/authorize meal and rest periods. Arreguin drove trucks for Lincoln. He stopped doing so i...