Excerpt: ...s general partner of Antone and Nasrin Shakeri Nino, Nasrin Nino, as trustee of the Antone Elias Nino and Nasrin Shakeri Nino AB Living Trust; Mihran Yenokyan and Azniv Hanesoghlian, individually and as trustees of the Mihran Yenokyan and Azniv Hanesoghlian Revocable Trust U/T/A April 29, 2012, Kamal Bilal, and Westco Petroleum Distributors, Inc. for (1) breach of fiduciary duty, fraud, and constructive fraud by general partner; (2) misappropriat...

Excerpt: ...on for Summary Judgment. If Plaintiff agreed with the moving parties that this Motion for Summary Judgment should be granted, he should have simply dismissed the moving defendants, thus saving the moving parties the time and expense of filing this motion, and saving this Court the time and effort of analyzing this Motion for Summary Judgment. BACKGROUND: This negligence/premises liability case stems from a motor vehicle accident. On October 1, 20...

Excerpt: ...oceedings, and the like [are] baffling devices.” (Bruno v. Superior Court (1990) 219 Cal.App.3d 1359, 1363, quoting Burley v. Stein (1974) 40 Cal.App.3d 752, 755, fn. 3.) Nonetheless, if Plaintiff is going to be representing herself, she needs to respond to motions filed by the opposing parties. If plaintiff believed that the demurrer should be overruled, she should have filed an opposition. If plaintiff agreed that the complaint needed to be a...

Excerpt: ... FEHA action against Defendants Delta Tech Services, Inc., Cascade Water Services, Inc., and Bonnie Winters for (1) Discrimination on the Basis of Age, Disability and Medical Condition, Cal. Gov. Code § 12940(a); (2) Age, Medical Condition and Disability Harassment and Hostile Work Environment, Cal. Gov. Code § 12940(j); (3) Failure to Take all Reasonable Steps to Prevent Discrimination, Harassment and Retaliation in Violation of FEHA, Cal. Gov...

Excerpt: ...civility by Plaintiff's counsel Christopher Gansen, as evidenced in a series of emails to opposing counsel that were attached to the demurrer as Exh. 4. The emails start with a request by defense counsel, Mr. Saltz, to meet-and-confer regarding the First Amended Complaint: Mr. Saltz: “Jim: Please call me to discuss our response to the First Amended Complaint. I can be reached today on my cellphone. 310-499-3260.” Mr. Gansen: “Your client mu...

Excerpt: ...equest indemnification from Yeong, the third cause of action is one for negligence, not indemnity. Further, if the jury were to find any liability on behalf of Yeong, Rusnak/Westlake would have an affirmative defense of contributory negligence that would operate as an offset. “[I]n all actions for negligence resulting in injury to a person or property, the contributory negligence of the person injured in person or property shall not bar recover...

Excerpt: ...l findings and is DENIED as to Exhibit Q. (Evid. Code § 452, subds. (c), (d).) Defendant JP Morgan Chase Bank, National Association's demurrer is OVERRULED. Defendant JP Morgan Chase Bank, National Association's request for judicial notice is GRANTED as to the existence of Exhibits 1 and 4, but not to as the truth of their factual findings, and is DENIED as to Exhibits 2 and 3. (Evid. Code § 452, subds. (c), (d).) Plaintiff Benzeen, Inc.'s requ...

Excerpt: ...ander of title; and (6) injunctive relief. In May 2019, Jimmie Waters, Jr. attempted to file an answer, but it was rejected for failure to provide the $435.00 filing fee, supply his name and address, and use pleading paper. (Motion, p. 3:10-12 [citing Ex. 1, 05/22/19 Notice of Rejection].) In June 2019, Jimmie Waters, Jr. unsuccessfully attempted to draft an answer that complied with California courts. (Id. at p. 3:12-14 [citing Ex. 2, 06/04/19 P...

Excerpt: ...ana D. Gutierrez commenced this lemon law action against General Motors, LLC for (1) violation of Civil Code section 1793.2, subdivision (d); (2) violation of Civil Code section 1793.2, subdivision, subdivision (b); (3) violation of Civil Code section 1793.2, subdivision (a)(3); (4) breach of express written warranty (Civil Code sections 1791.2, subdivision (a) and 1794); and (5) breach of the implied warranty of merchantability (Civil Code secti...

Excerpt: ...lation of Civil Code section 1793.2 subdivision (d); (2) violation of Civil Code section 1793.2 subdivision (b); (3) violation of Civil Code section 1793.2 subdivision (a)(3); (4) breach of express written warranty; (5) breach of implied warranty of merchantability; and (6) fraud. For Plaintiff's sixth cause of action for fraud, Plaintiff alleges that Defendant BMW of North America, LLC (“BMW NA”) failed to disclose that the N63 engine in the...

Excerpt: ... Breach of Covenant of Good Faith and Fair Dealing; (6) Breach of Fiduciary Duty. Liang alleges Li induced Liang to invest $5.4 million into Hollywood Garden, LLC, for the purpose of purchasing property located at 6140 Hollywood Boulevard, but defrauded Liang with respect to the identity of, and amount put forward by, other investors. Liang also alleges that Li forged Liang's name to obtain a $4 million deed of trust on the property, which is now...

Excerpt: ...ts regarding the scope of evidence or argument that may be presented in the first phase of the trial. Those issues will be reserved for the Final Status Conference, and can be the subject of Motions in Limine if the parties feel it to be necessary. BACKGROUND: Plaintiff Padrica Graves commenced this action on December 18, 2018 against Defendants Villa Esperanza Services, Damion Lee, and Angela Gilbert (“Defendants”) for (1) violation of FEHA;...

Excerpt: ...s first hired to work for Defendant CBRE, Inc. in August 2006, and worked for Defendant in various locations within California. (Complaint, ¶¶1, 2, 10, 16.) Plaintiff's employment was terminated on September 30, 2015, after Plaintiff's' job titled changed from Client Services Coordinator, Senior Administrative Assistant, Department Administrator to Administrator, Business Services; after Plaintiff made complaints to Defendant about how she was ...

Excerpt: ...st amended complaint was filed on August 10, 2018. The second amended complaint was filed on December 7, 2018, asserting causes of action for violations of the Song-Beverly Act (breach of express warranty, breach of implied warranty, and violation of Section 1793.2) as well as fraudulent inducement (concealment, intentional misrepresentation, and negligent misrepresentation). Plaintiff alleges Defendants Volkswagen Group of America, Inc. and Tran...

Excerpt: ... Labs, LLC is DENIED. Plaintiff's motion to tax the costs of Defendant Avee Laboratories, Inc. is GRANTED in part. The Court taxes the amount of costs sought by Defendant Avee by $4,839.15. BACKGROUND: Plaintiff People of the State of California ex rel. Alison Tonti (“Plaintiff”) commenced this action on August 29, 2017. On March 28, 2018, Plaintiff filed a first amended complaint (“FAC”) against Defendants Living Rebos, LLC; H&H Testing,...

Excerpt: ...October 30, 2018, Plaintiff Design By Nature, LLC dba ITEX commenced this action against Bonded Apparel, Inc. and Pedram Yadidsion for (1) breach of written contract; (2) goods sold and delivered; (3) accounts stated; (4) open book account; (5) quantum meruit; and (6) breach of guaranty. Plaintiff alleges that Defendants breached a series of business transactions involving Plaintiff's fabric printing services. On August 7, 2019, default was enter...

Excerpt: ...2, 15 and 17 are SUSTAINED. Plaintiff's remaining objections are OVERRULED. Defendants' evidentiary objection No. 11 is SUSTAINED. Defendants' remaining objections are OVERRULED. BACKGROUND: Plaintiff Thu Nguyet Thi “Nicki” Tran commenced this action on March 28. 2018, when she filed a complaint against Defendants Golden State FC, LLC, Kuldip Sandhu, an individual, Adam Kozinn, an individual, and Does 1 through 20 for allegations of gender an...

Excerpt: ...Complaint asserts causes of action for (1) violation of the Unruh Civil Rights Act, (2) wrongful eviction, (3) offering withdrawn rental units for rent within two years of withdrawal under the Ellis Act, (4) fraud, (5) negligent misrepresentation, and (6) financial elder abuse. The Complaint alleges in pertinent part as follows. In 1977, Plaintiff moved into an apartment located at 12337 Gorham Avenue, Los Angeles, California (“Apartment”). T...

Excerpt: ...o the correct pages of the demurrer. The citations below were added by counting the pages. In the future, the Court expects counsel to comply with all Rules of Court concerning the filing of documents. BACKGROUND: On August 29, 2019, Plaintiff Elinoy Shalev commenced this action against Defendant General Motors, LLC for (1) breach of implied warranty of merchantability under the Song-Beverly Warranty Act; (2) breach of express warranty under the ...

Excerpt: ...COMMENTS: This demurrer is unopposed, yet plaintiff has not indicated that he is planning on filing an amended complaint. The Court finds such silence to be troubling. The Court understands that Plaintiff is representing himself in pro per. The Court recognizes that, to the pro per litigant, “law and motion proceedings, and the like” are “baffling devices.” (Bruno v. Superior Court (1990) 219 Cal.App.3d 1359, 1363, quoting Burley v. Stein...

Excerpt: ...late. However, the Court will exercise its discretion to consider the merits of the late-filed opposition. (Cal. Rules of Court, rule 3.1300; Kapitanski v. Von's Grocery Co. (1983) 146 Cal.App.3d 29, 32.) BACKGROUND: This action arises from the manufacture of nutrition bars by Sapphire Bakery at the request of Eagle Mist. Eagle Mist was hired by Defense Nutrition to facilitate the manufacturing of nutrition bars for Julian Bakery. From April to J...

Excerpt: ...injury when he was assaulted by a patient, Michael Joseph Gaxiola in the lobby of the Emergency Room at Beverly Hospital in Montebello, California. Plaintiff alleges he was injured due to Defendants' negligent surveillance and guardianship of the Emergency Room at Beverly Hospital, causing Plaintiff to sustain serious injuries that was caused by Defendants' lack of supervision. On January 18, 2018, Plaintiff filed amendments to the complaint, sub...

Excerpt: ...ther the award of compensatory or punitive damages. In a motion for attorney's fees, however, the Court must consider what is a reasonable lodestar for the time spent by the prevailing party's attorney; the Court does not take into consideration the severity of the harm caused by Defendant. BACKGROUND: Plaintiff Elizabeth Carpenter commenced this action on November 8, 2017 against Defendants Robert John Liskey, Esq., Marie Renee Brown, and BJ Tho...

Excerpt: ...Emergency Animal Hospital The motion for reconsideration of the order granting Defendants' motion for summary adjudication as to the first and fifth causes of action is DENIED. The motion for reconsideration of the order denying Plaintiff's motion to vacate settlement agreement is DENIED. BACKGROUND: Plaintiffs Gary Patent and Derrick Abrenica commenced this action on March 13, 2018 against Defendants Olatunji Bandele, Young Joo Kim, LA Central A...

Excerpt: ...d a cross-complaint against Roes 1-25, asserting claims for express indemnity, equitable indemnity, contribution, and declaratory relief. On March 11, 2019, the Court overruled Defendant's demurrer to the first cause of action and sustained with leave to amend the demurrer to the second cause of action in the complaint. On March 29, 2019, Plaintiff filed a first amended complaint (“FAC”) against Defendant for (1) breach of contract and (2) fa...

Excerpt: ...em for Justin Amoray Williams- McClendon (jointly, “Plaintiffs”) commenced this action on October 17, 2018, against Defendants Urban Street Properties, Inc.; Shelter First LLC; and Robert Compean, individually and as Trustee of the Compean Family Trust Dated February 15, 2000 (collectively, “Defendants”). Plaintiffs allege they were subjected to various illegal conditions that poisoned Justin Amoray Williams-McClendon during their tenancy...

Excerpt: ...tive economic relationships; (4) fraud; (5) constructive fraud; (6) theft/conversion; (7) constructive fraudulent transfers; and (8) unfair competition. On July 2, 2018, Chase Metals filed an amendment to the complaint, substituting Justin Ivester for Doe 1. On September 25, 2018, Chase Metals filed an amendment to the complaint, substituting Wilshire Metals Group, LLC, for Doe 2. On October 15, 2018, Chase Metals filed an amendment to the compla...

Excerpt: ...utoNation Ford Torrance. PRELIMINARY COMMENTS: In their notice of demurrer, Defendants demur to the third, fourth, and fifth causes of action on the grounds that they are barred by the economic loss rule. However, in their MPA, Defendants only demur to the third cause of action on these grounds. (See Demurrer, p. 4:25-27.) Nonetheless, because the Court is overruling the demurrer on this ground, this discrepancy is not critical to the Court's ana...

Excerpt: ...of covenant of quiet enjoyment; (5) negligent violations of statutory and legal duties; and (6) intentional violations of statutory and legal duties. “This lawsuit involves Plaintiffs' claims arising out of their tenancy at an apartment building located at 1842 1/2 S. Gramercy Place, Los Angeles, California 90019 (‘the Property'), which was owned/managed by Defendant. During Plaintiffs' tenancy, the Property was unsafe, uninhabitable, in a st...

Excerpt: ... DENIED. Plaintiffs' request for judicial notice is GRANTED. First American Title Insurance Company's request for judicial notice is GRANTED as to Exhibit 1, 2, 11, and 17 and DENIED as superfluous as to Exhibit 23. BACKGROUND: Plaintiff Anthony Sam, individually, and as Managing Member of Chino Americana Concepts 2013303 LLC, commenced this action on September 11, 2018 and on December 28, 2018 filed the first amended complaint (“FAC”) agains...

Excerpt: ...ew facts as required by CCP § 1008. On November 12, 2019, Plaintiff filed a reply and request for judicial notice. That Reply has a section entitled “New Facts” and was accompanied by a Request for Judicial Notice of various deeds. The hearing on this motion is set for November 15, 2019, thus the reply and request for judicial notice are untimely. However, the Court in its discretion will consider the merits of the reply and request for judi...

Excerpt: ...cDonnell, and Detective Marcos Escalante for general negligence and false actions. (Complaint, ¶¶ 1, 10.) Plaintiff prays for punitive damages in the amount of $24.19 Million. (Complaint, ¶ 14.) On August 6, 2019, Defendant County of Los Angeles (“Defendant”) filed the instant demurrer and on August 8, 2019, filed the instant motion to strike. ANALYSIS: I. Demurrer A. Legal Standard A demurrer is a pleading used to test the legal sufficien...

Excerpt: ... surprised when a motion to compel is unopposed. If Defendant believed that the motion should have been denied, it should have filed an opposition. If Defendant agreed with the motion, it should have responded to discovery, saving this Court the time and effort of analyzing the motion, and saving defendant the cost of paying the sanctions. BACKGROUND: On August 22, 2017, Plaintiffs People of the State of California, ex rel. ILWU-PMA Welfare Plan ...

Excerpt: ... been settled. Therefore, it is not clear to the Court whether or not this motion has been mooted. However, since the motion is unopposed, the Court will rule as indicated below. PROCEDURAL BACKGROUND: The instant action arises from the injury of several plaintiffs on a hospital construction site, when a portion of the construction collapsed. Three actions were ultimately filed, before being consolidated by the Court on December 12, 2017. I. Pre�...

Excerpt: ...ebruary 25, 2019, Plaintiff John Geary commenced this action against Defendants Hi-Tek Auto Protection and Paul P. Deflores for (1) invasion of privacy and (2) intentional infliction of emotional distress. This cases arises out of Defendants' unauthorized use of Plaintiff's telephone number on Defendants' credit card, bank account, and billing statements. On August 6, 2019, Defendant Hi-Tek Auto Protection filed a notice of stay of proceedings ca...

Excerpt: ...errogatories and requests for production is GRANTED as to Form Interrogatory 12.1 and 17.1 and is DENIED as to Form Interrogatory 15.1 and Request for Production Number 8. The motion to compel further amended responses to requests for admission is GRANTED. The Court GRANTS Plaintiffs' request for monetary sanctions against Defendants and their counsel of record in the amount of $4,720.00. BACKGROUND: Monique Kal MClendon, individually and as Guar...

Excerpt: ...ulian Bakery. From April to July 2016, Sapphire Bakery manufactured Primal Whey and Paleo protein bars utilizing Defense Nutrition's formulas and ingredients provided by Eagle Mist. Due to a variety of issues, all production ceased in July 2016 and litigation commenced in August 2016 in St. Louis, Missouri and Los Angeles, California. Plaintiff Defense Nutrition, LLC (“Defense Nutrition”) commenced this action on August 8, 2016. Defense Nutri...

Excerpt: ...r judicial notice is GRANTED as to Exhibits 1-4, 6, 8 and is DENIED as superfluous as to Exhibits 5 and 7 as superfluous. BACKGROUND: On February 26, 2019 Plaintiff Claire Levine, in propria persona, commenced this action. On July 10, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants Sylvester Stewart, Allan Law Group, P.C., and Scheper Kim & Harris, LLP for (1) malicious prosecution; (2) abuse of process;...

Excerpt: ...e moving party did not take this motion off-calendar. Had counsel done so, the Court and its staff would have been saved the time and expense of analyzing this motion. BACKGROUND: Plaintiff commenced this action on August 3, 2018. The first amended complaint was filed on August 10, 2018. The second amended complaint was filed on December 7, 2018, asserting causes of action for violations of the Song-Beverly Act (breach of express warranty, breach...

Excerpt: ...aintiff commenced this action on April 14, 2018, against defendant for: (1) pregnancy discrimination; (2) retaliation; (3) violation of California Pregnancy Disability Leave Act; (4) wrongful termination in violation of Fair Employment and Housing Act; (5) wrongful termination in violation of public policy; (6) unpaid wages and waiting time penalty. On January 25, 2019, during a motion to compel hearing, both parties' counsels conferred with the ...

Excerpt: ...el documents – is opposed. This raises two questions for the Court; the first is procedural; the second goes to the adequacy of Plaintiff's counsel's representation of his client Procedurally, if Plaintiff does not oppose these motions, he should have agreed with Defendant and arranged a time for the IME. This would have avoided the time and expense of this Court having to analyze this motion. More importantly, these are both important motions ...

Excerpt: ...ifornia ex rel. Alison Tonti (“Plaintiff”) commenced this action on August 29, 2017. On March 28, 2018, Plaintiff filed a first amended complaint (“FAC”) against Defendants Living Rebos, LLC; H&H Testing, Inc.; Avee Laboratories, Inc.; M-Brace Treatment, Inc.; Sobertec, LLC; Millennium Health, LLC; Upfront Labs, LLC; Gloriosa Management, LLC; Gregory Van Dyke; UB Laboratories, Inc.; Cordova Medical Group, Inc.; Genesis Molecular Diagnosti...

Excerpt: ...ctions is DENIED. PRELIMINARY COMMENTS: The Court is always surprised and concerned when motions are unopposed. If Plaintiff did not oppose this motion, he should have complied with the discovery requests. If Plaintiff believed the motion was unwarranted, he should have filed an opposition. Had Defendant complied with the CCP and correctly requested sanctions against Plaintiff and/or his counsel, they would have been granted. BACKGROUND: On March...

Excerpt: ...plaint (“FAC”) against Defendants Sun Smart, Inc., John Seung Kim, Harry Won Lee, Chae Ik Shim, Mark Curtis Bergman, American Contractors Indemnity Company, Western Surety Company, and Fidelity and Deposit Company of Maryland for (1) breach of contract; (2) breach of fiduciary duty; (3) conversion; (4) fraud; (5) unjust enrichment; (6) common counts; (7) unfair business practices; and (8) enforcement on contractor's license bond against Defen...

Excerpt: ...foreclosure of mechanic's lien; and (3) quantum meruit. Plaintiff alleges that it entered into a written contract with Defendants Ludmila Raigorodsky and Shaul Raigorodsky to perform work that improved their property. (Complaint, ¶ 10.) Plaintiff alleges that after it performed work in good faith, Defendants refused to pay for portions of the work that Plaintiff completed. (Ibid.) On June 19, 2019, Ludmila Raigorodsky and Shaul Raigorodsky filed...

Excerpt: ...cult for the Court and staff to cite to the appropriate pages. The opposition page numbers to which the Court cites comes from counting the pages of the opposition. BACKGROUND: On April 9, 2019, Plaintiffs Michael Thompson and 4 River Investments, LLC commenced this action and on June 19, 2019, they filed the operative First Amended Complaint (“FAC”) against Defendants Daniel Moon and Green Dream Collective Corp. for (1) breach of contract; (...

Excerpt: ...ents is GRANTED. The motion to compel Veritas RS responses to form interrogatories is GRANTED. The motion to compel Trader Boys responses to request for production of documents is GRANTED. The motion to compel Trader Boys responses to form interrogatories is GRANTED. The motion to compel Melissa Rayner responses to production of documents is GRANTED. Bali's requests for monetary sanctions are GRANTED in the amount of $210.00 per motion. PRELIMINA...

Excerpt: ...adigh. BACKGROUND: On August 2, 2010, Plaintiff Vazgen Mirzakhanyan commenced this action against JV & T Capital, LLC, Global Capital Introductions, LLC, MFI Software Corporation, SRF Group, Inc., Michelle Merceri, Terri Bates, L. Ken Swenson, Jr., and Monika M. Setyan for (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) fraud and intentional deceit; (4) money had and received; and (5) negligent misrepresenta...

Excerpt: ...ACKGROUND: On December 13, 2018, Plaintiffs John Lopez and Jennifer Lopez commenced this action against General Motors, LLC for (1) breach of implied warranty of merchantability under the Song-Beverly Warranty Act and (2) breach of express warranty under the Song-Beverly Warranty Act. This Song-Beverly Consumer Warranty Act (“Lemon Law”) lawsuit stems from Plaintiffs' purchase of a new 2016 Chevrolet Cruze, VIN 1G1PF5SB8G7102777, ("Subject Ve...

Excerpt: ...agination in future pleadings. BACKGROUND: Plaintiff Thu Nguyet Thi “Nicki” Tran (“Plaintiff”) commenced this action on March 28. 2018, when she filed a complaint against Defendants Golden State FC, LLC, Kuldip Sandhu, an individual, Adam Kozinn, an individual, and Does 1 through 20 (“Defendants”) for allegations of gender and sex discrimination and harassment on the basis of pregnancy, as well as interference and retaliation for requ...

Excerpt: ... covenant of quiet enjoyment; (5) negligent violations of statutory and legal duties; and (6) intentional violations of statutory and legal duties. “This lawsuit involves Plaintiffs' claims arising out of their tenancy at an apartment building located at 1842 1/2 S. Gramercy Place, Los Angeles, California 90019 (‘the Property'), which was owned/managed by Defendant. During Plaintiffs' tenancy, the Property was unsafe, uninhabitable, in a stat...

Excerpt: ... first amended complaint for (1) common counts and (2) conversion. On April 15, 2019, Plaintiff filed his second amended complaint against Defendant for (1) common counts and (2) conversion. Plaintiff alleges that on June 12, 2018, Plaintiff mistakenly transferred Bitcoin worth $101,604.12 to Defendant's account and Defendant failed to return the Bitcoin. On October 4, 2019, Defendant's counsel, Douglas J. Rosner filed the instant motion to be re...

Excerpt: ...gainst Defendants Eduardo A. Canas and Best Alliance Foreclosure and Lien Services for (1) quiet title (declaratory relief that no money is owed on a note secured by a trust deed); (2) to reform or cancel an instrument; (3) quiet title (declaratory relief that foreclosure is barred under California Civil Code §882.020 – 10 years after balloon payment due); and (4) injunctive relief. Plaintiff attached a proof of service to this complaint, but ...

Excerpt: ...tember 26, 2019, Plaintiff filed the instant motion to seal records of Tom Salgado. ANALYSIS: Plaintiff moves the Court for an order that records filed in this action be placed under seal pursuant to California Rules of Court, rules 2.550 and 2.551. (Motion, p. 1:23-24.) A. Relevant Law A party that requests that a record or portion of a record be filed under seal must file a motion or an application for an order sealing it. The motion must be ac...

Excerpt: ...d by the Court on December 12, 2017. I. Pre‐Consolidation Filings A. Case No. BC638719 1. Complaint Plaintiffs Thomas Brad Benson and Zachary Benson (the “Bensons”) filed their complaint on October 26, 2016, against Defendant Millie and Severson, Inc. (“MSI”), and Does 1-20, for general negligence and premises liability. On June 30, 2017, the Bensons filed amendments to the complaint, substituting Englekirk Structural Engineers, Inc., a...

Excerpt: ...t Defendant deliberately tried to mislead the Court; however, in the future, if defense counsel is leaving out certain words from a cited statute, it is incumbent upon counsel to insert ellipses to indicate where words have been omitted. BACKGROUND: Plaintiff Frank Gallardo commenced this action on September 29, 2017, asserting a cause of action for general negligence against Defendants Beverly Hospital and Michael Joseph Gaxiola. Plaintiff alleg...

Excerpt: ...be overruled, he should have filed an opposition. If plaintiff agreed that the complaint needed to be amended, he should have agreed when meeting-and-conferring with defendants to amend the complaint or file a first amended complaint. Had he done so, the court and its staff would not have had to spend the time analyzing a demurrer to a complaint that even plaintiff agrees must be amended. The Court also notes that Defendant apparently filed a not...

Excerpt: ...ion on August 29, 2017. On March 28, 2018, Plaintiff filed a first amended complaint (“FAC”) against Defendants Living Rebos, LLC; H&H Testing, Inc.; Avee Laboratories, Inc.; M-Brace Treatment, Inc.; Sobertec, LLC; Millennium Health, LLC; Upfront Labs, LLC; Gloriosa Management, LLC; Gregory Van Dyke; UB Laboratories, Inc.; Cordova Medical Group, Inc.; Genesis Molecular Diagnostics, LLC; and Zen Recovery, LLC for violation of the California In...

Excerpt: ...it of mandate to compel inspection and copying of books, records, and documents of California Corporations. On September 17, 2018, following a bench trial, the Court entered judgment in favor of Defendant Fetolumina Technologies Corporation (“FTC”), holding that Plaintiff had not shown that he is a shareholder or director of FTC. The Court also entered judgment in favor of Plaintiff as against the remaining defendants, Cytolumina Technologies...

Excerpt: ...m Plaintiff seeks these phone records. One month ago, the Court denied a motion to compel seeking the identical information. That previous motion was opposed by the defendant. If indeed the Defendant was served with this motion, the Court does not understand why she did not oppose this motion also. More importantly, as alluded to above, on September 12, 2019, the Court denied Plaintiff's motion to compel this information directly from Plaintiff. ...

Excerpt: ...oth documents filed by Mr. Turner. BACKGROUND: Plaintiff Eddie Turner, in propria persona, commenced this complaint on November 16, 2015 against Defendants U.S. Bank National Association, Nationstar Mortgage, and Arin Capital & Investment Corp. This is an action premised on fraud. Plaintiff Eddie Turner alleges that two forged Deeds of Trust were recorded against his home in 2007. (FAC, 2:1-12.) Plaintiff claims he reported the crime to law offic...

Excerpt: ...ants”) for (1) actual/perceived disability harassment; (2) actual/perceived disability discrimination; (3) actual/perceived disability retaliation; (4) failure to engage in the mandatory good-faith interactive process; (5) failure to accommodate; (6) race/national origin harassment; (7) race/national origin discrimination; (8) race/national origin retaliation; (9) assault; (10) battery; (11) failure to pay overtime wages; (12) failure to provid...

Excerpt: ...lekirk, the items they are requesting are available for sale on CMC's own website. (Memorandum, p. 2:2-4 [referencing Ex. A].) If so, it seems to the Court that it would have been faster and less expensive for Englekirk to simply purchase the items it wanted, rather than expending the time and effort on this motion to compel. PROCEDURAL BACKGROUND: The instant action arises from the injury of several plaintiffs on a hospital construction site, wh...

Excerpt: ...tiff discovered that as a result of construction by the Defendant of the Expo Line, specifically the construction of the elevated railroad tracks north of Plaintiff's property at 11535 W. Pico Blvd., Los Angeles, CA 90064 and Plaintiff's adjacent property, where trenches were dug that caused the natural level of the water table to divert to the foundation at the Plaintiff's property causing cracking of the foundation and water seeping into the cr...

Excerpt: ...s is an action premised on fraud. Plaintiff Eddie Turner alleges that two forged Deeds of Trust were recorded against his home in 2007. (FAC, 2:1-12.) Plaintiff claims he reported the crime to law officials, which determined that the 2007 Deeds of Trust were “generated by fraud and are fraudulent.” (FAC, 2:13-25.) Plaintiff alleges that Defendants U.S. Bank and Nationstar Mortgage initiated foreclosure proceedings against the subject property...

Excerpt: ...olas William Perilli, Newco, and Perilli & Stober Ltd. for (1) theft by false pretense; (2) restitution; (3) common count; (4) constructive fraud; (5) fraud – false promise; (6) fraud – intentional misrepresentation; (7) breach of fiduciary duty; (8) violation of Corp. Code §§ 25401 and 25501; (9) violation of Corp. Code § 25504; (10) violation of Corp. Code § 17704.41; (11) unpaid wages; (12) unfair business practices; and (13) declarato...

Excerpt: ...laintiff to succeed on this motion. It is not this Court's role to determine whether it agrees with the jury's verdict, or would have ruled differently had the case been tried to the Court. Rather, this Court must deny the motion for JNOV if any substantial evidence supports the jury's verdict, or if reasonable inferences can be drawn from that evidence that support the verdict. The evidence presented at trial compels this Court to deny the motio...

Excerpt: ...why it did not take this motion off-calendar before an opposition was filed and before the Court was required to research and analyze this motion. BACKGROUND: Plaintiff Princess Collection Corp. commenced this action on February 26, 2019 against Defendants Ross Stores, Inc., Pixior Global Logistics, LLC, Yassine Amallal, Chase (USA) International, Yoon Heo, Apparel House, Inc., L.A. Grand Clothing, Inc., and LA Fashion Hub, Inc. for (1) breach of...

Excerpt: ...y 26, 2018, arising from Defendant's alleged failures to provide Plaintiffs compensation due under a Joint Venture and Partnership Agreement (“Partnership Agreement”). The First Amended Complaint, filed on September 4, 2018, alleges causes of action for: 1. breach of contract; 2. breach of covenant of good faith and fair dealing; and 3. accounting. DISCUSSION Defendant now moves the Court for leave to file a cross-complaint seeking: 1. reform...

Excerpt: ...jointly, “Plaintiffs”) commenced this action on October 17, 2018, against Defendants Urban Street Properties, Inc.; Shelter First LLC; and Robert Compean, individually and as Trustee of the Compean Family Trust Dated February 15, 2000 (collectively, “Defendants”). Plaintiffs allege they were subjected to various illegal conditions that poisoned Justin Amoray Williams-McClendon during their tenancy and occupancy of real property located at...

Excerpt: ...abib + Associates, asserting causes of action for (1) breach of contract and (2) false promise. Plaintiff alleges Defendant is an engineering firm that misrepresented the work they would perform on a development project and breached their contract by intentionally over-engineering the project and then seeking to charge additional amounts to bring the property in line with the contract. On January 28, 2019, Defendant filed a cross-complaint agains...

Excerpt: ...violation of Fair Employment and Housing Act; (5) wrongful termination in violation of public policy; (6) unpaid wages and waiting time penalty. Defendant now moves for summary judgment or adjudication as to each cause of action. ANALYSIS: I. Procedural Issues In opposition, Plaintiff requests that the motion be continued. Plaintiff notes that, as of the time of filing the opposition, neither Plaintiff's deposition nor the depositions of Defendan...

Excerpt: ...conversion; (4) unjust enrichment; (5) alter ego; (6) constructive trust; (7) accounting; (8) money had and received; and (9) fraud. On 08/09/17, Defendants filed a cross-complaint against Plaintiff for: (1) breach of contract; (2) breach of covenant of good faith and fair dealing; (3) quantum valebant; (4) fraud; (5) negligent misrepresentation; (6) unfair competition; (7) intentional interference with prospective economic relations; and (8) neg...

Excerpt: ...ff asserted causes of action for: (1) Fraud; (2) Negligent Misrepresentations; (3) Violation of Bus. & Prof. Code § 17200; (4) Breach of Operating Agreement; (5) Breach of Covenant of Good Faith and Fair Dealing; (6) Breach of Fiduciary Duty. Liang alleges Li induced Liang to invest $5.4 million into Hollywood Garden, LLC, for the purpose of purchasing property located at 6140 Hollywood Boulevard, but defrauded Liang with respect to the identity...

Excerpt: ...s-complaint filed in Brown, Neri, Smith & Khan v. Kalb, case LC106118. As indicated below, the Court denies the Request for Judicial Notice. However, the Court wishes to remind all counsel that they must comply with California Rules of Court, Rule 3.300, the LASC Local Rulels if they believe these cases are related. BACKGROUND: Plaintiff Beula Deitch commenced this action against Defendants on September 28, 2018 for: (1) fraud and rescission; (2)...

Excerpt: ..., p. 4:22 – p. 5:4.) What makes this citation all the more egregious is that plaintiff states “Chopra v. Helio Solutions is an unpublished decision and therefore cannot be cited.” But then plaintiff cites to the decision and argues that the decision supports his position. Counsel should know better. BACKGROUND: On December 20, 2016, Plaintiff Daniel Wang commenced action against Defendants for declaratory relief and seeking a writ of mandat...

Excerpt: ...mail. Plaintiff has apparently not done this. Defense counsel states in his Reply that plaintiff served him by regular mail, and the letter was postmarked 10 days after the date indicated on the proof of service. The Court notes that Plaintiff's proof of service indicates services by regular mail – in violation of the Court's previous order. However, there is no declaration from defense counsel – i.e., there is no evidence presented to the Co...

Excerpt: ...tiff commenced this action on 06/13/18 against defendant for: (1) violation of Civil Code section 1793.2(D); (2) violation of Civil Code section 1793.2(B); (3) violation of Civil Code section 1793.2(A)(3); (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; (6) violation of the Magnuson-Moss Warranty Act; and (7) fraud by omission ANALYSIS: A. Evidentiary Objections Plaintiff asserts 35 evidentiary objec...

Excerpt: ...f action for (1) Negligence; (2) Trespass; and (3) Private Nuisance. On May 2, 2018, Plotke Plumbing filed a cross-complaint against Spy Rooter for: (1) equitable/implied indemnity; (2) comparative indemnity; (3) breach of contract; (4) breach of implied warranty; (5) negligence; (6) implied contractual indemnity; and (7) declaratory relief. On May 29, 2018 Spy Rooter filed a cross-complaint against Sempra Energy and Southern California Gas Compa...

Excerpt: ...s of action. BACKGROUND: Plaintiff Andrea Galante commenced this action on June 29, 2018 against Defendants Joshua Fine, et al. for: (1) professional negligence; (2) breach of oral contract; (3) breach of fiduciary duty; (4) deceit; (5) conversion. ANALYSIS: A. Demurrer This case arises out of Galante's short sale of a duplex to avoid foreclosure. Galante alleges that Defendant Fine, an attorney, offered his legal and real estate services to arra...

Excerpt: ..., the parties settled the matter before the Court for $77,500.00. After the settlement was read, the Court set a hearing for an Order to Show Cause re: Dismissal (“OSC”) on August 16, 2018 and ordered that any attorney's fees motion be filed and heard prior to that date. Plaintiff failed to file her fee motion before August 16, 2018, the date the parties were ordered to appear for the OSC re dismissal. On August 16,2018, the Court continued O...

Excerpt: ... – to move for a new trial. However, the Court recognizes that, to the pro per litigant, “law and motion proceedings, and the like” are “baffling devices.” (Bruno v. Superior Court (1990) 219 Cal.App.3d 1359, 1363, quoting Burley v. Stein (1974) 40 Cal.App.3d 752, 755, fn. 3.) Therefore, the Court will address the arguments Plaintiff raises in all of three of her motions for a new trial. BACKGROUND: Plaintiff commenced this action on 5/...

Excerpt: ... of the implied warranty of merchantability; and (6) violation of the Magnuson-Moss Warranty Act. The parties resolved most issues by stipulation, but proceeded to a bench trial on June 19, 2018, to resolve a dispute over the proper calculation of damages. After largely adopting Defendant's position with respect to the calculation of damages, judgment was entered on October 22, 2018, with Plaintiff being awarded $30,255.64 in restitution, minus a...

Excerpt: ...ent; (4) alter ego; (5) constructive trust; (6) accounting; and (7) money had and received. On 11/16/18, Scott Bruer Kjos filed a cross-complaint against Honda Trading. On 11/27/18, Kjos filed an amended cross-complaint against Honda Trading for: (1) failure to pay minimum and overtime wages in violation of Labor Code §§ 510 and 1194; (2) failure to pay wages upon termination in violation of Labor Code § 203; (3) failure to furnish and maintai...

Excerpt: ...dants Wing Lee, Li Fan Lee, and Yee Hung Lee Pan. On December 20, 2016, Plaintiff filed an amendment to complaint, replacing Doe 1 with Connie Lee. The matter was assigned to Department 74. On January 5, 2017, Defendants Li Fan Lee, Pan Yee Hung Lee, and Connie Lee filed their answer. On January 13, 2017, Defendant Wing Lee filed an answer to the complaint. On March 23, 2017, the Court set trial for December 4, 2017. On October 19, 2017, pursuant...

Excerpt: ... (against the City of Los Angeles); (3) negligent entrustment and negligent supervision; (4) and survival. ANALYSIS: This matter arises out of a left-tum automobile versus motorcycle accident, which occurred January 3, 2016, at the intersection of Western Avenue and Oakwood Avenue in the city of Los Angeles, 19 California. It was alleged that Defendant Patricia Morris made a left turn and struck decedent Jose Concepcion Ramirez, Jr. who died as a...

Excerpt: ... breach of written contract; (2) breach of oral contract; (3) intentional trespass to chattels; (4) negligence (trespass to chattels); (5) civil extortion; and (6) violation of business and professions code section 17200. ANALYSIS: A. Discussion AVC demurs to the first, third, fourth, fifth, and sixth causes of action. i. Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fa...

Excerpt: ...es of Paul Kingston commenced this interpleader action on November 10, 2016. Plaintiff filed its First Amended Complaint (“FAC”) in interpleader against Defendant Andrew Silver on November 16, 2016. The subject matter of this interpleader action is the settlement funds in the amount of $20,350.00 that Law Offices of Paul Kingston secured for its client, Defendant Andrew Silver in a personal injury case. ANALYSIS: Defendant and Cross-Complaina...

Excerpt: ...: Plaintiff Frank Gallardo filed the instant complaint on September 29, 2017, asserting a cause of action for general negligence. ANALYSIS: Defendant moves the court for an order compelling Plaintiff to respond to Defendant's Requests for Production of Documents, Set Two and Requests for Admissions, Set Two. Defendant also seeks sanctions against Plaintiff and his attorney in the sum of $960.00 for each motion. (Notice of Motion, p. 2.) A. Releva...

Excerpt: ...nd unintelligible. The Court ordered any amendment to the Complaint be filed and served within 30 days. The operative First Amended Complaint (“FAC”) was filed on August 22, 2018 and appears to assert a cause of action for legal malpractice against Defendant Larry Lewellyn. ANALYSIS: A. Request for Judicial Notice Defendant requests judicial notice of: (1) Acknowledgement of Receipt of Estate Share in Los Angeles Superior Court case BP033134;...

Excerpt: ... constructive fraudulent transfer; (2) shareholder liability for dissolved corporation (under Corporations Code §§ 2009-2011); and (3) improper corporate distribution (Corporations Code § 316). Defendants Xuan Hua Wang, Ai Fen Li, Fan Chung Chang now move for summary judgment, or in the alternative, summary adjudication. ANALYSIS: II. Green Garden's Motion for Summary Judgment A. Procedural Issues 1. Evidentiary Objections a. Defendants' Objec...

Excerpt: ...ve information that should be protected. The Court Grants the motion to strike Exhibits B, D, and E to Defendant's Appendix of Exhibits in Support of Defendants' Motion for Summary Judgment. The Court orders Defendants to file redacted versions of Exhibits B, D, and E with all instances of John R.C. Doe's true name redacted. The redacted versions shall be deemed filed as of the date of filing the Appendix of Exhibits in Support of Defendants' Mot...

Excerpt: ...efendants Joanna Flores and Edgar Cisneros is GRANTED, in its entirety. No costs are awarded to these Defendants. Defendants Montebello Unified School District, Benjamin Cardenas, and Lani Cupchoy's motion to tax costs is DENIED as to Susanna Contreras Smith, who is awarded costs in the amount of $77,017.64, and is GRANTED, in part, as to Cleve Pell, who is awarded costs in the reduced amount of $111,599.96. BACKGROUND: Plaintiffs commenced this ...

Excerpt: ... and compliance is GRANTED. The Court declines to award sanctions. PRELIMINARY COMMENTS: The crux of this motion concerns Defendant's request that Plaintiff produce documents on Facebook concerning Yashica Budde, and all communications that Plaintiff had with Yashica Budde. At a January 29, 2019 Informal Discovery Conference that the Court held with both counsel, Plaintiff's counsel indicated that she would produce her Facebook messages, text mes...

Excerpt: ...rting a cause of action for general negligence. ANALYSIS: Defendant moves the court for an order compelling Plaintiff to respond to Defendant's Special Interrogatories, Set Two without objection. Defendant also seeks sanctions against Plaintiff and his attorney in the sum of $960.00. (Notice of Motion, p. 2.) A. Relevant Law California Code of Civil Procedure requires a response from the party to whom interrogatories are propounded within 30 days...

Excerpt: ...nt; (7) fraud and deceit; (8) preliminary and permanent injunction; and (9) conversion. ANALYSIS: Defendant seeks to enforce a settlement entered into between him and Plaintiff. A. Procedural Issues Plaintiff contends she was not properly served. (Opposition, p. 4.) The instant motion had to be served by personal service on January 14, 2019, or, if served by mail, by January 9, 2019. (See Code Civ. Proc. § 1005(b).) Instead, on January 8, 2018, ...

Excerpt: ...th the motion, she should have filed an opposition. If Plaintiff agreed with the motion, she should have simply responded to discovery. This would have saved opposing counsel – and the Court – the time and expense of responding to a motion that all parties agreed must be granted BACKGROUND: Plaintiff Kristina Dow filed the instant complaint on March 23, 2018, asserting causes of action for (1) Negligence; (2) Negligent Hiring, Supervision, an...

Excerpt: ...State of California ex rel. Alison Tonti (“Plaintiff”) commenced this action on August 29, 2017. On March 28, 2018, Plaintiff filed a first amended complaint (“FAC”) against Defendants Living Rebos, LLC; H&H Testing, Inc.; Avee Laboratories, Inc.; M-Brace Treatment, Inc.; Sobertec, LLC; Millennium Health, LLC; Upfront Labs, LLC; Gloriosa Management, LLC; Gregory Van Dyke; UB Laboratories, Inc.; Cordova Medical Group, Inc.; Genesis Molecul...

Excerpt: ... violation of Civil Code section 1793.2(A)(3); (4) breach of express written warranty; (5) breach of the implied warranty of merchantability; (6) violation of the Magnuson-Moss Warranty Act; and (7) fraud by omission ANALYSIS: Plaintiff propounded requests for production of documents on August 22, 2018. (Proshyan Decl. ¶ 17.) Defendant responded on October 10, 2018. (Proshyan Decl. ¶ 18.) Plaintiff subsequently sent a meet and confer letter to ...

Excerpt: ... Defendant Athene Annuity and Life Company. The motion to strike is therefore likewise moot as against this defendant. BACKGROUND: Plaintiff Mattie Belinda Evans commenced this action on June 25, 2018, originally naming the following Defendants: Bank of America, N.A. (for itself and as Successor by Merger to BAC Home Loans Servicing, LP, fka Coutrywide Home Loans servicing, LP, Bank of America, N.A., alter ego Defendant for All named Loan Service...