Excerpt: ...ms against all defendants, without differentiating between them. Defendants Hollyvale Rental Holdings, LLC and U.S. Bank, National Association separately demur to the First Amended Verified Complaint. The Court previously sustained Hollyvale's demurrer with leave to amend. Plaintiff's First Amended Verified Complaint (“FAC”) is factually identical to her original complaint. II. Standard Where the complaint fails to state facts sufficient to c...

Excerpt: ... 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 demonstrating that there is no triable issue as to any material fact, the opposing party cannot rest upon the mere allegations of the pleadings but must present admissible evidence showing that there is a genuine issue for trial. (Aguilar v. ...

Excerpt: ...vehicle upon Defendant's default and wrongful withholding. (Id.) Defendant allegedly owes Plaintiff $28,600.33, and wrongfully withholds possession of the vehicle. The Complaint asserts causes of action for possession of personal property, breach of contract, goods sold and delivered, book account, and account stated. Proof of Service of Summons and Complaint was filed on January 17, 2018. II. Analysis To obtain a writ of possession, Plaintiff mu...

Excerpt: ... denies the motion because:  Although Plaintiff declares under penalty of perjury that named Defendant Breckenridge Property Fund, LLC has been served with the Summons and Complaint, the Court file does not reflect this.  Plaintiff failed to serve this motion on named Defendant World Savings Bank, FSB. (See January 29, 2018 Proof of Service.)  Plaintiff failed to serve her attached declaration on any party. (Id.)  The Court may order ...

Excerpt: ...ndant requested a two‐week extension but never responded. (Id.) Plaintiff invited Defendant to engage in a meet and confer regarding the discovery dispute, but Defendant ignored Plaintiff's invitation. (Id.) Plaintiff has moved to compel Defendant to respond to its special interrogatories. The Court previously took the motion off‐calendar for failure to comply with the informal discovery conference process. (November 22, 2017 Minute Order.) T...

Excerpt: ...d for $115,000.00. At the time of settlement, counsel for Grupo Deco possessed a check for $115,000.00 payable to “The Carillo Firm Client Trust Account.” (October 19, 2017 Minute Order.) Plaintiffs are comprised of Rosa Elena Barajas, Evelina Barajas, and Jose Barajas. (Id.) The settlement payment was not apportioned among Plaintiffs under the terms of the settlement agreement, and Plaintiffs' counsel sought a share from the settlement funds...

Excerpt: ...ning Plaintiff's real property in 2005, yet has “[n]ever been duly licensed by The State of California to engage in acts constituting that of a First Mortgage Residential Lender, and continues to act with impunity out of the very same location, to this very day, in spite of never having filed organizational papers with The California Secretary of State.” (Verified Complaint, ¶¶ 8, 9.)  AFC also “filed false assignments of the deed of t...

Excerpt: ...s – Civil Code § 54 Plaintiff alleges that:  Defendants Ali H. Saleh and Wafta H. Saleh are owners and landlords of certain real property;  Defendant Valero‐Ultamax operates a business on the Salehs' property and is a “place of public accommodation”;  Valero‐Ultamax is “owned, leased and/or operated by Defendants…” (Complaint, ¶ 31.)  Plaintiff is disabled and confined to a wheelchair for mobility purposes;  Plain...

Excerpt: ...ment was issued on May 5, 2017. Plaintiff represents that no payments have been made toward the Judgment. Plaintiff has filed an unopposed application for order for sale of dwelling. The Court denied it without prejudice on November 9, 2017. Plaintiff has filed an Amended Notice of Hearing, an Amended Application, a Supplement to Proof of Service, and a new Proof of Service. II. Standard A court order of sale is required to conduct a sale of a re...

Excerpt: ... property; (3) Nuisance; and (4) Negligence. Plaintiffs allege that Defendants Micha Keynan and Hanna Keynan, the purported title holders of the property, failed to maintain habitable premises. (See generally, SAC, ¶ 11.) Defendants Micha Keynan and Hanna Keynan demur to the third cause of action for nuisance only. Timely opposition and reply papers have been filed. The Court previously sustained Defendants' demurrer to the nuisance cause of act...

Excerpt: ... Dealing; and (6) Unfair Business Practice. Plaintiff asserts only the fourth through sixth causes of action against Defendant Ocean Harbor Casualty Insurance Company. Plaintiff alleges in paragraphs 8‐14 of the SAC that:  She went to Freeway Insurance Services, Inc. and consulted with Engelbert Salguero, an insurance broker.  Plaintiff told Salguero that she would like to obtain motor vehicle insurance to operate a vehicle owned by her f...

Excerpt: ... Complaint with leave to amend. (November 7, 2017 Minute Order.) In his Second Amended Complaint (“SAC”), Plaintiff alleges 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. All causes of action appear to be alleged against all Defendants. (Yet only the third cause of action specifies: �...

Excerpt: ...ttachment against Defendant E.R.R.A. Brothers, Inc. Defendant has appeared in the case. Plaintiff has submitted a declaration with attached Exhibits showing that:  Plaintiff and Defendant executed a commercial lease agreement in 2009 titled “Vehicle Lease Service Agreement” (“VLSA”) for two commercial vehicles leased by Defendant from Plaintiff. (Hurd Decl., ¶ 12, Exh. 2.)  Plaintiff and Defendant executed a 2013 VLSA which incorpo...

Excerpt: ...Civil Battery; (9) Sexual Battery; (10) False Imprisonment; (11) Negligent Infliction of Emotional Distress (“NIED”); (12) Intentional Infliction of Emotional Distress (“IIED”); (13) Negligent Hiring and Retention; (14) Negligent Training and Supervision; and (15) Negligent Failure to Warn. Defendant United States Figure Skating Association (“USFSA”) demurs to all causes of action asserted against it: causes of action 3‐5, 11, 12, 1...

Excerpt: ...a developmentally disabled girl at a group home by one of its employees, and the group home owners' alleged concealment and ratification of the employee's actions. The Court previously ruled on moving Defendants' demurrer to, and motion to strike portions of, Plaintiff's Third Amended Complaint: The Court sustains the demurrer to all causes of action with 20 days' leave to amend with respect to individual Defendants Watkins and Mays only. Any res...

Excerpt: ... the demurrer with 20 days' leave to amend. Any responsive pleading must be filed and served 20 days thereafter, or 25 days if served by mail. The Court notes that Plaintiff, instead of filing an opposition, filed an extensive January 12, 2018 Declaration regarding “the cause of action breach of contract form PLD‐C‐001, Statements from the witnesses, phone records to show the frequency I was on call to her to work as well as the invoice I m...

Excerpt: ...8, the Court continued Plaintiff Betty Puckett's motion for trial preference to this hearing date. The Court was inclined to grant the motion for trial preference if the motion to compel arbitration were denied. (January 11, 2018 Minute Order.) II. Analysis Defendants have demonstrated the existence of a valid arbitration agreement between Plaintiff and Los Palos Convalescent Hospital that governs Plaintiff's claims. (Theophilos Decl., Exh. A; Pe...

Excerpt: ...ments to sell fabrics to Defendant Made Here USA, LLC on a continuous basis, and that Defendant agreed to pay a specified sum for each order. Defendant allegedly failed to pay the total amount due of $145,024.25. Defendant has been timely and accurately served with the summons and complaint, along with the moving and supporting papers. (See CCP §§ 484.040, 1005(b).) Plaintiff has submitted a declaration with attached exhibits showing that:  ...

Excerpt: ... states the same. Lucas has demonstrated that the lease between the parties authorizes the prevailing party in any proceeding involving the premises to recover reasonable attorney fees. (Complaint, Exh. 1, ¶ 31.) Lucas is the prevailing party because he has obtained judgment (or a “net monetary recovery”) against all Defendants. (CCP § 1032(a)(4).) Lucas is entitled to recover reasonable attorney fees pursuant to the lease agreement between...

Excerpt: ...lf of Defendant Brindley Transportation, and the vehicle Blake was driving was owned by Defendant Western Pride, Inc. On May 10, 2017, the Los Angeles District Attorney filed criminal charges (vehicular manslaughter) against Blake arising from this incident. Defendants Blake, Brindley, and Western Pride move to stay all civil proceedings, including discovery, pending resolution of the criminal matter. Moving Defendants cite to Pacers, Inc. v. Sup...

Excerpt: ...ode § 1400); (2) Discharge as Discrimination in Violation of Government Code § 12940; (3) Discharge in Violation of Public Policy; and (4) Violation of Business & Professions Code § 17200. Plaintiffs allege that they were terminated by Denbeste because they had workers' compensation claims pending against Denbeste, and that Denbeste discriminated against them based on their ethnicity and, in the case of Gonzalez, Jr., disability. Denbeste file...

Excerpt: ...ff alleges that the minors were not properly supervised by school personnel. Defendant Wisdom moves unopposed to compel four non‐party depositions: (1) Eboni Williams; (2) Stephen Harrell; (3) Izaiah Coates; and (4) Tamesha Taylor. Eboni Williams is the mother of one of the boys who allegedly molested Plaintiff. Wisdom noticed Williams' deposition for December 18, 2017, but Williams failed to appear for her deposition. (Ely Decl.) Tamesha Taylo...

Excerpt: ...course and scope of his employment at the Los Angeles County Sheriff's Department. Quintero allegedly crashed the SUV which resulted in Robles' death. Quintero moves to strike punitive damages and references to various Bankruptcy Code sections in Plaintiffs' First Amended Complaint (“FAC”). The Court previously granted Quintero's motion to strike punitive damages in Plaintiffs' original complaint on November 14, 2017. II. Standard The court m...

Excerpt: ...rpool and DLS stipulated that DLS would pay Interpool $82,500 through consecutive monthly payments of $3,750. (Bemis Decl.) On September 23, 2016, a Notice of Settlement was filed, and on October 7, 2016 the Court dismissed the matter without prejudice while retaining jurisdiction over the case under CCP § 664.6. DLS has paid Interpool $55,625 pursuant to the settlement, and owes Interpool $26,875. (Id.) DLS has failed to make payments when due,...

Excerpt: ...ports luxury vehicles to individuals residing in China, and has conducted most of its business from a warehouse operated by FCC Logistics, Inc. located in Rancho Dominguez, California. (See Song Decl.) Sunny Group sells luxury vehicles. (Yan Decl., ¶ 3.) Both Sunny Group and SinoChicago have used FCC Logistics' facilities in Rancho Dominguez, California. SinoChicago and Sunny Group contracted with one another in two separate transactions to proc...

Excerpt: ...for Misappropriation of Trade Secrets and three other claims. On April 4, 2017, Gonzalez and Gonzalez, Jr. demurred and moved to strike the SACC. After the hearing on the demurrer, only the Misappropriation of Trade Secrets claim remains in the SACC. On September 28, 2017, all Plaintiffs deposed witnesses William Denbeste and Lori Denbeste (the deposition concerned both the complaint and the cross‐complaint). On November 7, 2017, Plaintiffs Gon...

Excerpt: ...nk and SBS' demurrer to the Negligence claim in Ayodele's original complaint with leave to amend. The FAC's Negligence allegations remain substantively the same, except for ¶¶ 39‐41, which are 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. First Bank and SBS demur to the Second and Third Causes of Action for Negligence and Conspi...

Excerpt: ...es, Inc.: (1) Willful Failure to Pay Employee; (2) Failure to Pay Minimum Wages; (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 drove trucks for Lincoln. He stopped doing so in July 2014. (Request for Judicial Notice (“RJN”), Exh. A.) On October 1,...

Excerpt: ...ony Cara has submitted a declaration stating that he failed to appear at the December 12, 2017 OSC re Entry of Judgment because he “failed to effectively keep track and docket the hearing dates appropriately.” (Cara Decl., ¶ 4.) More specifically, Cara's paralegal, Lynn Pham, overlooked docketing the December 12, 2017 hearing date because she confused this case for another case with a similarly named plaintiff. (Cara Decl., ¶ 5; Pham Decl.,...

Excerpt: ...ing Plaintiff's real property in 2005, yet has “[n]ever been duly licensed by The State of California to engage in acts constituting that of a First Mortgage Residential Lender, and continues to act with impunity out of the very same location, to this very day, in spite of never having filed organizational papers with The California Secretary of State.” (Verified Complaint, ¶¶ 8, 9.)  AFC also “filed false assignments of the deed of tr...

Excerpt: ... with the Notice on November 20, 2017; the fair daily rental value of the premises is $90. (Complaint, ¶¶ 4, 7, 8, 11, 15.) 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 as true. (Blank v. Kirwan (1985...

Excerpt: ...Defendants. Defendants (1) McDonald's USA, LLC; (2) Mangione, Inc.; (3) Willowbrook Center Partnership; and (4) Andrews International, Inc. all move for summary judgment. Mangione was the franchisee operating the McDonald's franchise in the plaza. Willowbrook was the plaza property manager that hired Andrews to provide security services for the plaza. Andrews did provide security services for the plaza during the time of Aragon and Chicas' shooti...

Excerpt: ...fourth causes of action against Defendants Bueno Properties, LLC and Ramon Bueno. These Defendants separately demur to the First Amended Complaint. The demurrers are unopposed. (On January 8, 2018, Plaintiffs dismissed Defendants Green Apple Escrow, Inc., Hugo Hernandez, and Georgina Hernandez. Green Apple was dismissed with prejudice.) Plaintiffs allege that there was a real estate purchase agreement between themselves as buyers and Defendants R...

Excerpt: ...ntiff Financial Pacific Leasing, Inc. moves to attach order and issuance of writ of attachment against Defendants Holmes Homemade Chicken Sausage, LLC and Pia Holmes. Defendants have been timely and accurately served with the summons and complaint, along with the moving and supporting papers. (See CCP § 484.040.) [Note that there is likely a typo in the name of the person served in one of the proofs of service: “Shenika” versus “Shenita.�...

Excerpt: ...Counsel has filed a proof of service representing timely (December 14, 2017) and accurate service on Defendants. Counsel moves to be relieved because Broncs has purportedly failed to pay counsel pursuant to the Retainer Agreement between Broncs and counsel. (Declaration.) Counsel does not state why he seeks to be relieved from further representing Chun. The Second Amended Complaint alleges that Chun owns and runs Broncs, and that Broncs is Chun's...

Excerpt: ...a Deed of Trust against certain real property, defaulted on that loan, and a Notice of Default was recorded. Defendant, a mortgage servicer, acknowledged receipt of Plaintiff's loan modification application on October 2, 2013. (Request for Judicial Notice (“RJN”), Exh. 2, ¶ 32, Exh. D.) “Plaintiffs submitted the requested documents time and time again without a result from Defendants… This includes Plaintiffs' submission in the Fall of 2...

Excerpt: ...nd (3) Further responses to Plaintiff's form interrogatories. Plaintiff requests sanctions of $1,295 for each motion. Defendant filed a “Separate Statement in Support of Opposition to Plaintiff's Demand for Production of Documents Propounded to Plaintiff” and a “Separate Statement in Support of Opposition to Plaintiff's Motion to Compel Further Responses to Specia[l] Interrogatories.” Both oppositions are filed and served late and may be ...

Excerpt: ...pporting papers on December 14, 2017. Counsel has failed to file or attach a proof of service. Counsel moves to be relieved because: “Attorney has an irreconcilable conflict with client Sandra Hope. Client Sandra Hope has made representation unreasonably difficult.” (Declaration.) Plaintiff filed an “Objection” to the motion. Plaintiff states that the motion “financially jeopardizes the Estate of decendent [sic] Christine Shanklin‐Wil...

Excerpt: ...rs, infection from the multiple wound sites, and sepsis which can lead to death. (Attarchi Decl., ¶ 8.) Plaintiff also has a history of serious medical problems and is currently heavily medicated. (Id.) Shahab Attarchi, a licensed physician, trained and experienced in elderly health issues, (1) examined Plaintiff on November 26, 2017, (2) reviewed her medical history, and (3) concluded that Plaintiff “is in significant ill health and that ther...

Excerpt: ...�to obtain a new loan which would remove the Mortgage Loan from plaintiff's credit report,” but (3) Defendants failed to refinance the loan. (Complaint, ¶¶ 5‐6, 18‐19.) Plaintiff recorded lis pendens on September 27, 2017. The Court denied Defendant Reshelle D. Hammond's motion to expunge lis pendens on December 5, 2017. Plaintiff moves unopposed for leave to file a First Amended Complaint (“FAC”). Plaintiff attaches a proposed FAC. I...

Excerpt: ...gment, to be heard on January 11, 2018. Defendant's counsel takes blame for Defendant's failure to file a timely response to Plaintiff's Complaint. He states, under penalty of perjury, that the failure to respond was caused by a miscommunication between himself and Defendant's Human Resources Manager. (Motion, 4:22‐5:27.) Each thought the other was monitoring the matter before the Complaint/Summons were served. (Id.) The Complaint and Summons w...

Excerpt: ...by and through her guardian ad litem Tangina Coaker, petitions the Court to approve minor's (H.B.'s) compromise. The proposed settlement amount is $2,000. There no claimed medical expenses. Petitioner requests recovery of $800 in attorney fees, which constitutes 40% of the proposed settlement. (See Attach. 14a (Kimble Decl.); Attach. 18(a) (Contingency Fee Agreement).) Claimant would receive the balance: $1,200. Counsel has waived recovery of cos...

Excerpt: ...senting timely service on AMR. Counsel moves to be relieved because AMR has purportedly failed to pay counsel pursuant to the professional services agreement between AMR and counsel, and because AMR has engaged in “other conduct” making counsel's continued representation of AMR “unreasonably difficult.” (Declaration.) A Case Management Conference and an Order to Show Cause re: status of bankruptcy in a related case are set for April 11, 2...

Excerpt: ...e relieved because Lexham “refuses to voluntarily consent to McDermott Will & Emery LLP's request to be relieved as counsel.” (Declaration in Support of Motion.) “The relationship of trust and confidence” between attorney and client no longer exists, and “irreconcilable differences have arisen.” (Id. at 2.) A Final Status Conference is scheduled for January 16, 2018, and a court trial is set for January 22, 2018. Marc Lewis, Managing ...

Excerpt: ...ssert the first through fourth causes of action against Defendant Green Apple Escrow, Inc. Plaintiffs allege that there was a real estate purchase agreement between themselves as buyers and Defendants Ramon Bueno and Bueno Properties, LLC as sellers, but these Defendants breached the agreement and sold the property to Defendants Hugo Hernandez and Georgina Hernandez. There are no specific allegations against Defendant Green Apple Escrow, except t...