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: ...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: ... 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: ...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: ... 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: ...; (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: ...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: ... 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: ...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: ...� $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: ...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...