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: ... 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: ...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: ...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: ...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...