Excerpt: ...Plaintiffs”) allege that Defendants illegally searched their home and vehicles without a warrant on March 5, 2015; submitted falsified and illegally obtained evidence for the purpose of obtaining a search warrant on March 20, 2015; and wrongfully detained Plaintiffs without probable cause, and searched their home on March 24, 2015. Plaintiffs were subsequently transported to Burbank Jail. Plaintiffs allege that Defendants illegally seized Plain...

Excerpt: ...ichardson. On June 29, 1970 James and Margaret Richardson received title to 1828 W.85 th St., Los Angeles 90047 (“the Property”). Plaintiff alleges that due to a marriage dissolution, on August 27, 1984 Margaret Richardson transferred her interest to James Richardson via quit claim deed. James Richardson passed away without testamentary instruments on May 21, 1999 and Defendant commenced a probate case. (BP056981). Plaintiff alleges he is ent...

Excerpt: ...IS A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations. (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal. App. 4th 726, 732.) The court must treat as true all of the complaint's material factual allegations, but not contentions, deductions or conclusions of fact or law. (Id. at 732–33.) The complaint is to be construed li...

Excerpt: ...Angeles, California 90036. Around July 1, 2012 Plaintiff and Defendant entered into a written Outdoor Sign Lease (“the Lease”) for a billboard at the premises. The lease explicitly called for a $3,000 per month rental. (Complaint Exh. A.) The Lease provided that effective January 1, 2016, Plaintiff's tenancy at the premises would become a month to month tenancy. Plaintiff contends the parties had not agreed to a different amount of rent, and ...

Excerpt: ...eier an express written limited warranty; the vehicle had defects covered by the express written limited warranty that substantially impaired the vehicle's use, value or safety to a reasonable buyer, etc. (See Judgment on the Jury Verdict 6/21/18). The jury found total damages of $39,584.43, and the jury imposed $59,376.65 as a penalty (Judgment on Jury Verdict ¶9). In total the jury awarded Plaintiff $98,961.08 from Defendant with interest. ANA...

Excerpt: ...ON AND REQUEST FOR SANCTIONS BACKGROUND The complaint in this action was filed by Plaintiff Haggins Construction Corporation (“Plaintiff”) on December 9, 2016, alleging (1) Breach of Oral Contract; (2) Quantum Merit; (3) Foreclosure of Mechanic's Lien. (Pl.'s Compl.) Defendants Ahmad Keliddari, Sam Sadat, and Rad-Zin Investment (“Defendants”) filed a cross-complaint on May 3, 2017 alleging (1) Breach of contract; (2) Negligence; (3) Fraud...

Excerpt: ...th of settlement, such as this, need not contain a full and complete discussion of the Tech-Bilt factors by declaration or affidavit; rather, a bare bones motion setting forth the ground of good faith and a declaration containing a brief background of the case is sufficient. (City of Grand Terrace v. Superior Court (1987) 192 Cal. App. 3d 1251, 1261; see Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal. 3d 488.) As this application fo...

Excerpt: ...rough 100, inclusive, Defendants. Case No.: BC643554 (Consolidated with BC660808 and BC672493) Hearing Date: July 23, 2018 [TENTATIVE] ORDER RE: DEFENDANTS NISSAN MOTOR CO., LTD AND NISSAN NORTH AMERICA, INC. MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT AGREEMENT AND MOTION TO SEAL Defendants Nissan Motor Co., Ltd. and Nissan North America, Inc. (“Nissan Defendants”) move for an order determining that its settlement with Plaintiff Pablo ...

Excerpt: ...s a settlement of an action brought by a person in the public interest under subdivision (d), the plaintiff shall submit the settlement, other than a voluntary dismissal in which no consideration is received from the defendant, to the court for approval upon noticed motion, and the court may approve the settlement only if the court makes all of the following findings: (A) Any warning that is required by the settlement complies with this chapter. ...

Excerpt: ...efendant Glendale City Employees Association, Inc. (“Defendant”). Plaintiff alleges that Defendant moved her to a basement and that she suffered a nervous breakdown as a result of the working conditions. Defendant alleges she was discriminated against for having a disability and terminated as a result. In the Complaint (“Complaint”), Plaintiffs assert causes of action for retaliation; discrimination; failure to accommodate disability; fai...

Excerpt: ...y move for an order compelling the deponent's attendance and testimony. . . .” (CCP § 2025.450(a).) “The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition. . . by a declaration stating that the petitioner has contacted the deponent to inquire about the <0044000300470048005300 004c004f005600030057>o answer any question or to produce any document, elect...

Excerpt: ...ff”) against Defendant General Motors, LLC (“Defendant”) on October 3, 2017. Plaintiff alleges Breach of Implied and Express Warranties under the Song-Beverly Warranty Act. Plaintiff noticed the deposition of Defendant's Person(s) Most Knowledgeable (“PMK”) on December 14, 2017. (Exh. 1) Defendant served objections to Plaintiff's notice of deposition on December 26, 2017. (Exh. 2) As the parties have failed to agree on a date and scope ...

Excerpt: ...r. Defendants allegedly defaulted on the loan. Plaintiff asserted causes of action for (1) breach of loan agreement and enforcement of promissory note; (2) breach of the implied covenant of good faith and fair dealing; and (3) judicial foreclosure. REQUEST FOR JUDICIAL NOTICE Mazakoda's request for judicial notice and supplement request for judicial notice is GRANTED. Defendants' request for judicial notice is GRANTED. ANALYSIS The prevailing par...

Excerpt: ... 17, 2017. The case arises from a written loan agreement Plaintiff entered into on or around March 18, 2011 with HELPUFINANCE.COM (“the loan”). Plaintiff alleges that First American was named as the trustee under the Deed of Trust. Plaintiff alleges that multiple Notices of Default and Election to Sell Under Deed of Trust on Plaintiff's property were filed without proper notice to Plaintiff that the named trustees had changed and the named be...

Excerpt: ...The dispute in this action arises from the question of who or what entity controls St. Mary of the Angels Parish in Hollywood, CA (“The Parish”). The initial complaint in this suit was filed in 2012, and the trial court found judgment in favor of Marilyn Bush, Diane Kang, Keith Kang, and DOES 1-25 (“Defendants”) acting on behalf of the Anglican Church in America (“the ACA”). The Rector, Wardens, and Vestrymen of St. Mary of the Angels...

Excerpt: ...ent and CFO of LAmade, respectively. Plaintiff Brittanie Newman (“Newman”) alleges that in April 2012, the parties entered into an agreement whereby Plaintiff was to work as an “Independent Sales Representative” for LAmade. Plaintiff alleges that Defendants failed to pay her contractually earned commissions pursuant to the agreement. In the second amended complaint (“TAC”), Plaintiffs assert causes of action for (1) breach of contract...

Excerpt: ...gainst Defendants Walgreen's Corporation (“Defendant”) and Sean Anderson (“Anderson”), a store employee, for (1) negligence; (2) negligent hiring/retention/supervision/training; (3) assault; and (4) battery. DISCUSSION If a party desires to obtain discovery by medical examination beyond that which is provided in CCP §2032.220, the party shall obtain leave of court. (CCP §2032.310(a)). The motion shall specify the time, place, manner, co...

Excerpt: ...or production of documents, set one, No. 1-103, on the grounds that the requests are not compliant with the Code of Civil Procedure. The moving party on a motion to compel further responses to requests for production (“RFPs”) must submit “specific factsshowing good cause justifying the discovery sought by the i nspection demand.” (CCP § 2031.310(b)(1).) If the moving party hasshown good cause for the RFPs, the burden is on the objecting ...

Excerpt: ...d a website that was disparaging to Plaintiff and her business, Mazgani Social Services, Inc. (the “Business”). Plaintiff asserts causes of action for defamation per se and false light. In Alonzo's cross-complaint, Alonzo, in pro per, alleges that Mahvash, and other Cross- Defendants, battered and assaulted Alonzo because he was picketing the business and practices of the Business. In Neyaz Mazgani's (“Neyaz”) cross-complaint, Neyaz alleg...

Excerpt: ...gainst Defendants Band Pro Film and Digital, Inc. (“Band Pro”); Direct Video Warehouse, Inc. (“DVWI”); MaxPro Leasing, LLC (“MaxPro”); AKT Enterprises, LLC (“AKT”); Technijian, Inc. (“Technijian”); Brandon Brooks (“Brooks”); Greg Bisel (“Bisel”); and Amnon Band (“Band”). Plaintiffs are in the business of leasing and, at the end of the lease, purchasing film equipment, and providing such equipment to film and televi...

Excerpt: ...This complaint arises from a dispute between Plaintiff David Shaker (“Shaker”), and Defendants 1897 W Jefferson LLC (“Jefferson LLC”), Samantha Singleton (“Samantha Singleton”) and Jeffrey Siegel (“Siegel”), regarding the real property known as 3114-3126 S. Andrews Place and 1885-1899 Jefferson Blvd., Los Angeles, CA 90018 (“the Property”). Mr. Rollin Singleton acquired title to the Property May 11, 1982. Lolita Singleton, his...

Excerpt: ...efendants”). Plaintiff alleges excessive and inaccurate billing and defective planning, scheduling and construction in breach of the home improvement contract. Plaintiff alleges six causes of action: (1) breach of contract; (2) fraud; (3) violations of Cal. Bus & Professions Code §7031 and §7059; (4) negligence against McCauley Defendants; (5) breach of contract; and (6) negligence against Defendants Jefferson Schierbeek, Addison Schierbeek A...

Excerpt: ... Liao; and Anand Vashi (collectively “Defendants”) to construct a restaurant/bar known as Seoul Sausage Co. Plaintiff alleges nine causes of action including (1) breach of written contract; (2) work, labor, and services performed; (3) claim and delivery; (4) foreclosure of personal property security; (5) injunction; (6-9) breaches of written guarantee agreement. ANALYSIS “If parties to pending litigation stipulate, in a writing signed by th...

Excerpt: ...ng, Inc. (“SPS”) and the Bank of New York Mellon (“BNYM”)(collectively, “Defendants”) committed violations of the Homeowner Bill of Rights during the loan modification process. Plaintiff Craft is alleged to be the manager and sole owner of Plaintiff Candela, LLC (“Candela”). Plaintiff alleges four causes of action in the First Amended Complaint (“FAC”) including (1) violation of California Homeowner Bill of Rights (“HBOR”)...

Excerpt: ...t Co (“Plaintiff”) owns the property located at 2565 Benedict Canyon Drive, Beverly Hills, California (the “Residence”). The residence is allegedly occupied by Defendants Lawrence M. Deutsch and Deborah Deutsch (“the Defendants”). DISCUSSION A. Requests for Admission “If a party fails to provide a timely response to a request for admission, the party waives any objection to the requests. (CCP § 2033.280(a).) Moreover, “[t]he requ...