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2018.8.10 Motion to Strike 143
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.8.10
Excerpt: ...fornia 91010. Plaintiff allege from the inception of the tenancy, the property had multiple deficiencies and uninhabitable conditions, including faulty air condition and wiring, leaky faucets, unsafe water heater, leaky pipes, eroded drywall, etc. (Compl., ¶9.) The complaint, filed April 18, 2018, alleges causes of action for: (1) tortious breach of warranty of habitability (negligence); (2) tortious breach of warranty of habitability (intention...
2018.8.10 Motion for Summary Judgment 621
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.8.10
Excerpt: ...remises located at 537 A-D North Glendale Avenue, Glendale, CA 91206. They alleges that the parties entered into a 10-year tenancy agreement on March 7, 2001 with monthly rent of $21,205.00. Plaintiffs allege that Defendant was served with a 3-day notice to pay rent or quit on June 27, 2018. Plaintiffs allege that the total rent due at the time the notice was served was $108,599.64 and that the fair rental value of the premises is $1,390.27 per d...
2018.8.10 Motion for Summary Adjudication 866
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.8.10
Excerpt: ...ed judgments in its favor. Plaintiff claims that John Ahn has transferred assets in an effort to avoid paying the judgments. As a result, Plaintiff brought this action to seek remedies so that it can enforce its judgments by setting aside these fraudulent transfers, attaching the transferred assets, and obtaining injunctions to prevent further attempts to conceal or dispose of the property. The first amended complaint (“FAC”), filed March 16,...
2018.8.10 Motion for Relief from Waiver of Discovery Objections 101
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.8.10
Excerpt: ...ted an extension, such that responses were due on May 25, 2018. Defendant states that his counsel inadvertently calendared the due date as June 1, 2018 instead of May 25, 2018. (Thomas Decl., ¶4.) Defendant served responses with objections on May 31, 2018. (Id., ¶5, Ex. C.) On June 6, 2018, Plaintiff's counsel sent correspondence to defense counsel, indicating that the responses were overdue and objections were waived. (Id., ¶6, Ex. D.) The pa...
2018.8.10 Motion for Protective Order 729
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.8.10
Excerpt: ...M Custom Floors, Inc. This consolidated action also includes various cross-complaints. Mike McMillan filed a cross-complaint against Zachary McDonald, Daniel McDonald, Evelyn McDonald for assault and battery, wherein he alleges he was physically attacked by Daniel McDonald on December 24, 2016. Cross-Complainant M&M Custom Floors, Inc. filed a cross- action against Zachary McDonald, Daniel McDonald, Evelyn McDonald, and Livin' Right Floors, Inc. ...
2018.8.10 Demurrer, Motion to Strike 467
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.8.10
Excerpt: ...fs allege the school operations lead to excessive noise, as dozens of very young children and their parents converge on the pool throughout the day. (Id., ¶18.) Plaintiffs also allege that it creates hazardous parking, as their neighborhood is unfit for the number of cars that arrive. (Id., ¶22.) Plaintiffs allege that Defendants were previously sanctioned in 2017 by the Los Angeles Department of Building Services for unlawfully operating a hom...
2018.8.10 Motion to Enforce Arbitration, Demurrer, Motion to Strike 545
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.8.10
Excerpt: ...k Holdings, LP (“Defendants”), where Plaintiffs agreed to buy and Defendants agreed to sell property located at 10446 Scoville Avenue in Sunland, California. Under the provisions of the Agreement, the anticipated closing date of the sale was 60 days after acceptance of the Agreement. Plaintiffs allege that Defendants materially breached the Agreement by anticipatory repudiation and attempting to cancel the Agreement. The complaint, filed Apri...
2018.7.27 Motion for Right Attach Order, Writ of Attachment 721
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.27
Excerpt: ...Rostamian (“Rostamian”), who told her that she would not need a student loan, but should instead increase her credit limits for all of her credit <0046004400550047005600 00030044004700590044[nces. Defendants sought a fee of 15% of the total amount of cash advances withdrawn. Once all of the credit line increases were approved, Rostamian went with Plaintiff to the bank to make the cash advance withdrawals. She alleges Rostamian took possession...
2018.7.27 Demurrer, Motion to Strike 975
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.27
Excerpt: ...CA 91101 (“Kevorkian Property”) owned by Defendants Abraham Kevorkian (“Kevorkian”) and Nancy Odesho (“Odesho”). Plaintiff alleges that the Kevorkian Property has always benefited, as the dominant tenement, over the Hastings Property with a 30-foot wide recorded easement. Plaintiff filed this lawsuit against Defendants to enjoin them from using the easement for anything other than ingress and egress, in view of their history of parkin...
2018.7.27 Motion for Summary Judgment, Adjudication 297
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.27
Excerpt: ...odge Dart for $18,700.00 and on that same day, he was rear-ended. He alleges he took the vehicle to a repair shop and Defendant State Farm Mutual Automobile Insurance Company Inc.'s (“Defendant”) representative estimated that the vehicle was a total loss, such that Defendant declined to repair it. Defendant offered Plaintiff $13,740.00 for the settlement of property damage. Plaintiff alleges that while he was negotiating with Defendant, the v...
2018.7.27 Motion to Compel Further Responses 207
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.27
Excerpt: ...s-complaint against Plaintiff for: (1) breach of contract; (2) promissory estoppel; (3) intentional misrepresentation; and (4) negligent misrepresentation. Plaintiff filed two motions to compel further responses against Defendant for: (1) form interrogatories, set one (“FROG-1”); and (2) form interrogatories – employment law, set one (“FROG-Employment”). Defendant opposes. DISCUSSION A. Meet and Confer, and Supplemental Responses Plaint...
2018.7.20 Motion to Compel Deposition Compliance 905
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.20
Excerpt: ...nd expenses incurred by Plaintiff would be paid. Plaintiff alleges that Zhang did not have the power to issue, endorse, or cash company checks without the express authorization of Plaintiff's CEO, Lei Lei Wang (“Wang”). On November 20, 2015, Zhang allegedly obtained possession of Plaintiff's checks, wrote himself a check for $9,000.00, and cashed it. The complaint, filed January 27, 2016, alleges causes of action for: (1) fraud; (2) unjust en...
2018.7.20 Motion to Compel Deposition 243
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.20
Excerpt: ...rsuant to a lease agreement. Defendant Lexington Park Homeowners Association (“Lexington”) is the owner of the condominium complex, Defendant Garo Mardirossian (“Mardirossian”) is the landlord, and Defendants Margaret and Martik Martirossian (“Martirossian Defendants”) owned Unit 213. Plaintiffs allege that Unit 313 was not habitable and had numerous issues (i.e., mold, nails sticking out, missing carbon monoxide detectors, etc.), inc...
2018.7.20 Motion to Change Venue 925
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.20
Excerpt: ...e purposes of obtaining goods and/or services, and/or cash advances from any person who accepts the card. Plaintiff alleges that Defendants became indebted to Plaintiff in the sum of $27,090.90. The complaint, filed January 29, 2018, alleges causes of action for: (1) common counts: book account, account stated; and (2) quantum meruit – reasonable value. <002a005800440051004a00 00510057004800550048>d. On June 28, 2018, the Court noted in its min...
2018.7.20 Demurrer, Motion to Expunge Lis Pendens 129
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.20
Excerpt: ... which was recorded that day. She alleges that Countrywide Home Loans Inc. was the original lender of the loan, and that the loan/account/deed of trust was pooled into a securitized trust labeled “BANK OF NEW YORK MELLON MORTGAGE SECURITIES TRUST 2005-K” with a closing date in 2005. Defendant Bank of New York Melon (“BONY”) was then allegedly assigned Countrywide's interest on December <0048000300370055005800 002e0011000300030027[efendant...
2018.7.20 Demurrer 061
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.20
Excerpt: ...rvices, Inc. in the amount of $315,000.00 on September 19, 2005 by executing a promissory note, secured by a deed of trust (“DOT”) on the property. (Compl., ¶9, Ex. A [DOT].) Plaintiffs allege their current servicer and/or beneficiary of the mortgage loan is Defendant Wells Fargo Bank, N.A. (“Defendant”). On August 11, 2017, a Notice of Default (“NOD”) was recorded on the property by Defendant without prior notice. (Compl., ¶30, Ex....
2018.7.13 Motion to Quash Deposition Subpoenas 767
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...igence; (2) negligence per se; and (3) statutory liability. Plaintiff filed two motions to quash Defendant's deposition subpoenas, seeking medical and billing records. The deposition subpoenas were issued on: (1) Bienvenidos Community Health Center; and (2) Dr. Jose Perez, M.D. Defendant opposes. The Court notes that it is not in receipt of an opposition brief to the motion regarding Dr. Perez, though Defendant has filed declarations in support o...
2018.7.13 Motion to Compel 729
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...tom Floors, Inc. This consolidated action also includes various cross-complaints. Mike McMillan filed a cross-complaint against Zachary McDonald, Daniel McDonald, Evelyn McDonald for assault and battery, wherein he alleges he was physically attacked by Daniel McDonald on December 24, 2016. Cross-Complainant M&M Custom Floors, Inc. filed a cross- action against Zachary McDonald, Daniel McDonald, Evelyn McDonald, and Livin' Right Floors, Inc. (“M...
2018.7.13 Motion for Writ of Possession 961
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...ue in this action, which is located at 828 West Altadena Drive, Altadena, CA 91001. Decedent and Defendant had held title to the property as husband and wife in joint tenancy, but according to the judgment of dissolution of marriage entered on September 6, 2002, the parties were to sell the property and divide the proceeds. Plaintiff alleges that the property has not yet been sold. The verified complaint, filed November 2, 2016, alleges causes of...
2018.7.13 Motion to Compel Deposition, for Terminating Sanctions 144
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...ruction, investment, and sale of real properties. Yegiyants alleges that Hratchia Bardakjian owed money to Yegiyants in unpaid dividends, distributions, and profits from Plaintiff 10415 Commerce, LLC. Yegiyants claims in excess of $1.6 million. Yegiyants also alleges that on June 22, 2008, Hratchia Bardakjian became the record owner of real property at 703 E. Angeleno Avenue in Burbank, but that he conveyed the property to his brother, Defendant ...
2018.7.13 Demurrer, Motion to Strike 707
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...hat he had health insurance with Defendant Blue Shield of California (“Blue Shield”) from 2010 to 2016. In 2013, Plaintiff alleges he suffered from back pain and Blue Shield provided Plaintiff with a medical doctor, who then brought in Dr. Wagmeister to assist. He alleges that the 2 doctors performed surgery on him on February 13, 2014. He alleges he began receiving demands for payment from Dr. Wagmeister, which Blue Shield refused to provide...
2018.7.13 Motion to Consolidate 801
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: .... BC608801) arises from Ambiance's claim that it suffered damage to its property when a water tank that had been sold, installed, and serviced by Eversoft exploded and flooded the premises. This case was filed on February 2, 2016 and is currently assigned to this department. The Ohio Security action is a subrogation action. Ohio Security Insurance Company alleges that it insured Ambiance at the time of the loss and alleges that Eversoft and Indus...
2018.7.13 Motion to Compel Discovery Responses, Request for Sanctions 645
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ... 2016, where Defendants agreed to pay Plaintiff all amounts due in exchange for a loan made by Plaintiff to Defendants. Plaintiff alleges that on January 6, 2017, Defendants breached the agreement by failing to make payments due, such that there is an outstanding balance of $122,547.52, plus interest. The complaint, filed December 5, 2017, alleges causes of action for: (1) breach of contract; and (2)-(4) common counts. Plaintiff filed 2 motions t...
2018.7.13 Motion to Set Aside Dismissal 327
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...ted to Plaintiff in the sum of $27,377.34. The complaint, filed March 27, 2018, alleges causes of action for: (1) common counts: book account, account stated; and (2) quantum meruit – reasonable value. No proof of service of the summons and complaint have been filed in this action. On June 12, 2018, no appearances were made for the Order to Show Cause Regarding Failure to File Proof of Service of Summons and Complaint. The Court's minute order ...
2018.7.13 Motion to Tax Costs 023
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...led to pay for legal services that Plaintiff provided to them under a written retainer agreement. The first amended complaint alleges causes of action for: (1) breach of contract; and (2) quantum meruit. On April 30, 2018, the dismissal of Defendant Eugene T. Lombardi as to all causes of action remaining was entered. On May 11, 2018, Eugene T. Lombardi, in pro per, filed a memorandum of costs, seeking <0052005a004c0051004a00 1d>  Filing and Mo...
2018.7.13 Motion to Tax Costs 701
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...2015, which caused Decedent's death. The complaint, filed December 13, 2016, alleges causes of action for: (1) negligence- wrongful death; and (2) negligence – res ipsa loquitur. On May 4, 2018, the Court granted Defendant's motion for summary judgment, or in the alternative, summary adjudication. The Court signed the Judgment on May 15, 2018, finding that Plaintiffs take nothing and that judgment was entered in favor of Defendant. The Judgment...
2018.7.13 Motion to Stay or Continue Trial 281
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.13
Excerpt: ...sadena Police Department (“Police Department”) is alleged to be a subdivision of Defendant City of Pasadena (“City”). (Id., ¶5) Defendant Michael Beck (“Beck”) is alleged to be a city manager for Pasadena, and Defendant Phillip Sanchez (“Sanchez”) is alleged to be the chief of police for the City's Police Department. (Id., ¶¶6-7.) <000300150016000f000300 004f004c004600480003[Department received a false complaint that Plaintiff ...
2018.7.12 Motion to Strike, Request for Attorney's Fees 007
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.12
Excerpt: ...ipes, Inc. based on Plaintiffs/Cross-Defendants Andreh Koygani, Hovik Grigorian, and Secret Recipes, Inc.'s (“Cross-Defendants”) default under a lease agreement for property located at 933 N. Brand Blvd., Glendale, CA 91202. Cross- Complainants allege they are the owners of a long-term ground lease and building for the commercial property there. Cross-Complainants allege that Cross-Defendants failed to pay monthly rental payments due and were...
2018.7.6 Motion for Attorney's Fees, to Seal 049
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.6
Excerpt: ...ta Lathrop (“Owners”) contracted to sell the property to Urban Box, LLC, who assigned its right to purchase the property under a purchase agreement to UB Valley Village, LLC (“UB Valley”). The first action, Getz v. Edwards <002d004800510051004c00 49004800550003[ Getz (“Getz”) on May 7, 2015, against the Owners. Getz, a tenant and property manager at the property, alleged she had been promised a right of first refusal to purchase the p...
2018.7.6 Motion for Reconsideration, to Set Aside Order Granting Demurrer 889
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.6
Excerpt: ...emises. On June 15, 2017, Plaintiffs took possession of the premises under a month-to-month lease agreement. They allege that the premises lacked an air conditioning system, which caused Fay Eun Joo Park to become ill. They allege that despite putting Defendants on notice of the defective conditions, Defendants failed to correct the issue. The complaint, filed December 6, 2017, alleges cause of action for: (1) tortious failure to provide habitabl...
2018.7.6 Motion for Summary Judgment, Adjudication 363
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.7.6
Excerpt: ...s. While on the voyage, Plaintiff's hand became seriously infected. Plaintiff alleges Defendant Asylum Entertainment (“Defendant”), through its producer and camera crew, had essentially taken charge of the vessel, and was therefore responsible for Plaintiff's medical care. Plaintiff alleges Defendant delayed providing Plaintiff with medical relief, misrepresented that medical relief was on its way, and ultimately arranged for Plaintiff to be ...
2018.6.29 Motion to Continue Trial 325
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.29
Excerpt: ... school operated by Defendant Leeway School for Educational Therapy (“Leeway”). Trial was originally set for April 2, 2018. On November 7, 2017, the Court granted Leeway's ex parte application to continue trial, and continued trial to September 10, 2018. On June 01, 2018, Leeway filed the instant motion to continue trial again, for approximately three months. Plaintiffs do not oppose the motion. Sergio has not appeared in the action, and thus...
2018.6.29 Motion to Clarify Status of Judgment, to Vacate, to Set Aside Costs 265
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.29
Excerpt: ...collision that occurred on April 17, 2011 between Plaintiff Samuel Morales (plaintiff in the EC058265 action) and Plaintiff Karim Christian Kamal (“Kamal”, plaintiff in the EC058416 action). Kamal filed his action against Defendant County of Los Angeles (“COLA”) alleging a dangerous condition of public property existed. COLA filed a motion for summary judgment asserting design immunity and sign immunity, which was granted by the Court. Ju...
2018.6.29 Motion for Leave to File Complaint 203
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.29
Excerpt: ...he Chief Executive Officer and President. Hsieh became the Chief Financial Officer, Vice President, and Secretary. In the operative First Amended Cross-Complaint, Cross-Complainant Slim Grow Corp. alleges Hsieh failed to appear for work, focused on her own personal business ventures, used Cross-Complainant's resources for her own benefit, and diverted her salary to her husband. Based on the foregoing, Cross-Complainant asserts causes of action fo...
2018.6.29 Demurrer, Motion for Leave to File Complaint 509
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.29
Excerpt: ...ebruary 2017, and refused to release it to her. The complaint, filed October 24, 2017, alleged causes of action for: (1) intentional tort (trespass to chattel); (2) fraud (fraudulent misrepresentation); (3) fraud (negligent misrepresentation); and (4) intentional tort (conversion). On March 9, 2018, Defendant demurred to the complaint. The Court sustained the demurrer with leave to amend as to the second and third causes of action, and overruled ...
2018.6.22 Motion for Leave to File Complaint 805
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.22
Excerpt: ...Haroutunian (“Haroutunian”) to avoid the judgment. On October 3, 2013, Plaintiff received an “Order, Decision or Award of the Labor Commissioner” of the State of California for $66,756.57 for unpaid wages against Nelly and <00b30026004f0048005500 00460048000300520049[ Entry of Judgment” was made on the order under LASC Case No. LS024960. The original complaint was filed on December 15, 2015, against Nelly and Haroutunian only, and asser...
2018.6.22 Demurrer, Motion to Strike 785
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.22
Excerpt: ...fendant authorized out-of-contract treatment for those patients, but subsequently paid only $502,740.28 of the $1,738,004.78 owed. Defendant justified this lower payment on the ground that, pursuant to 28 Cal. Code Regs. § 1300.71, it owed only the amount specified in the Evidence of Coverage (“EOC”) provision in Defendant's insurance policies with its patients. Plaintiff initially brought suit on May 31, 2017, alleging causes of action for ...
2018.6.22 Motion to Compel Arbitration, Stay Civil Court Proceedings 123
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.22
Excerpt: ...derlying case, Gleason's home was burned down because his dog knocked over his barbecue grill. The home was insured by a policy bought by Defendant Wells Fargo Bank, N.A. (“Wells Fargo”), which it purchased with American Surety Insurance Company (“Assurant”) in order to protect itself, since Gleason refused to purchase separate insurance. Following the fire, Assurant and Wells Fargo refused to deal with Gleason. Plaintiff ultimately negot...
2018.6.22 Motion for Leave to Intervene, File Answer and Complaint 183
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.22
Excerpt: ... alleges that Defendant told him that she would transfer 50% interest in the premises to Plaintiff upon receiving $100,000 from him. Plaintiff alleges that on April 24, 2017, in reliance upon these representations, he gave Defendant several checks totaling $100,000. However, Defendant did not grant 50% interest in the property to Plaintiff. The complaint, filed October 3, 2017, alleges causes of action for: (1) quiet title; (2) declaratory relief...
2018.6.22 Motion to Compel Discovery Responses 663
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.22
Excerpt: ... Will and Testament dated June 10, 1982 (the “Will”). Plaintiffs Nancy Kelley and William Burton Adams (“Plaintiffs”) allege that Decedent intended to dispose of all of their property by the Will and the survivor of the Will would not be able to change the terms of the joint and mutual Will. At the time of Decedent's death, Decedent and Miller-Trepp owned real and personal property, including real property at 11223 Danbury Street, Arcadia...
2018.6.15 Petition for Preliminary Injunction 129
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.15
Excerpt: ... recorded that day. (Id., ¶¶13-14.) She alleges Defendants initiated foreclosure proceedings against the home through the execution and service of a Notice of Default and Election to Sell under the Deed of Trust, which was recorded on August 14, 2017. (Id., ¶15.) She alleges Defendants also furthered their foreclosure attempts by executing and serving multiple Notices of Trustee Sales, last recorded on November 17, 2017. (Id., ¶16.) She alleg...
2018.6.15 Motion to Vacate Default, Judgment 649
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.15
Excerpt: ...filed June 6, 2017, alleges causes of action for: (1) quiet title to real property; and (2) declaratory relief. <0051005700480055004800 00570003002700480049[endants Mary Ann Parmelee, Sedona Properties, LLC, and Eighty Twenty Three LLC. The complaint was dismissed as to Defendant Teylez Perez only. On January 5, 2018, the Court entered judgment in favor of Plaintiff such that Plaintiff holds title to the said property as a single man, and all oth...
2018.6.15 Motion to Reclassify 243
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.15
Excerpt: ...uant to a lease agreement. Defendant Lexington Park Homeowners Association (“Lexington”) is the owner of the condominium complex, Defendant Garo Mardirossian (“Mardirossian”) is the landlord, and Defendants Margaret and Martik Martirossian (“Martirossian Defendants”) owned Unit 213. Plaintiffs allege that Unit 313 was not habitable and had numerous issues (i.e., mold, nails sticking out, missing carbon monoxide detectors, etc.), inclu...
2018.6.15 Motion to Consolidate 801
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.15
Excerpt: ... damage to its property when a water tank that had been sold, installed, and serviced by Eversoft exploded and flooded the premises. This case was filed on February 2, 2016 and is currently assigned to this department. The Ohio Security action is a subrogation action. Ohio Security Insurance Company alleges that it insured Ambiance at the time of the loss and alleges that Eversoft and Industrial Water Conditioning (“IWC”) were negligent with ...
2018.6.15 Motion for Summary Judgment 167
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.15
Excerpt: ...Bailey (“Decedent”), who died on October 7, 2015. They allege that Decedent began receiving medical treatment from various healthcare Defendants in 2015. They allege that each of the Defendants were negligent and committed malpractice with regard to their care of Decedent. The complaint, filed December 16, 2016, alleges a single cause of action for medical malpractice. Defendant Jiaxiong (Josh) Weng, M.D. (“Dr. Weng”) moves for summary ju...
2018.6.15 Demurrer, Motion to Strike 481
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.15
Excerpt: ...ndant NAPA Industries, LLC (“NAPA”). Plaintiff then received notices from NAPA that she needed to vacate the property and that it would assist her with relocation costs. Plaintiff brought this action to claim that her lease agreement was breached, that she was forcibly evicted, and that Defendants had intentionally inflicted emotional distress on her. The first amended complaint (“FAC”), filed January 31, 2018, alleges cause of action for...
2018.6.15 Application to Appear as Counsel Pro Hac Vice 027
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.15
Excerpt: ... the Califomia couffs approval: appear as counsel pro hac vice in a pending case if an active of the state bar is associated as attomey of record. (CRC Rule 9 40(a)_) Counsel is a in standing, of the State Bar of Ohio. (Mulrane Decl_, "13-4_) In addition, Counsel is not a resident of the State of California: is not regularly employed in the State of Califomia_ and is not engaged in substantial business, professional or other activities in the Sta...
2018.6.1 Demurrer, Motion to Strike 765
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.1
Excerpt: ...l, Inc. dba Vista Cove Care Center at San Gabriel, and Vista Cove Senior Living LLC (“Defendants”). On September 21, 2016, Plaintiff had been admitted to the hospital emergency room after suffering a hemorrhagic stroke. From September 30, 2016 to November 18, 2016, Plaintiff was admitted as a resident to Defendants' nursing home. During his time, Plaintiff alleges that he suffered multiple falls, but that Defendants' staff failed to meet his ...
2018.6.1 Motion for Sanctions 265
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.1
Excerpt: ... the EC058265 action) and Plaintiff Karim Christian Kamal (“Kamal”, plaintiff in the EC058416 action). Kamal filed his action against Defendant County of Los Angeles (“COLA”) alleging a dangerous condition of public property existed. COLA filed a motion for summary judgment asserting design immunity and sign immunity, which was granted by the Court. Judgment was entered on March 13, 2015. The Court of Appeal for the Second District affirm...
2018.6.1 Motion for Summary Judgment 167
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.1
Excerpt: ...nt began receiving medical treatment from various healthcare Defendants in 2015. They allege that each of the Defendants were negligent and committed malpractice with regard to their care of Decedent. The complaint, filed December 16, 2016, alleges a single cause of action for medical malpractice. Defendant Wes J. Powell, M.D. (“Dr. Powell”) move for summary judgment on the grounds that: (1) he complied with the applicable standard of care; (...
2018.6.1 Motion for Writ of Possession 961
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.1
Excerpt: ...e in this action, which is located at 828 West Altadena Drive, Altadena, CA 91001. Decedent and Defendant had held title to the property as husband and wife in joint tenancy, but according to the judgment of dissolution of marriage entered on September 6, 2002, the parties were to sell the property and divide the proceeds. Plaintiff alleges that the property has not yet been sold. The verified complaint, filed November 2, 2016, alleges causes of ...
2018.6.1 Motion to Compel Further Responses 715
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.1
Excerpt: ...ctively, “Defendants”) to represent them in a legal action to recover damages arising from an electrocution incident. Plaintiffs allege they suffered damages because Defendants failed to exercise proper care and skill in the matter. The complaint was filed on May 4, 2017. Plaintiffs filed a motion to compel further responses against McNully to form interrogatories (“FROG”), set one. McNully opposes. DISCUSSION A. Separate Statement The qu...
2018.6.1 Motion to Quash Service of Summons 207
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.1
Excerpt: ...(1) breach of warranty of habitability; (2) breach of warranty of quiet enjoyment; (3) nuisance; (4) violation of Civil Code, §1941.1, et seq.; (5) negligence; and (6) IIED. Specially appearing Defendant Royal Garden Apartments Inc. (“Defendant”) moves to <008600170014001b001100 0011000300030033004f[aintiffs oppose. LEGAL STANDARD “A defendant, on or before the last day of his or her time to plead or within any further time that the court ...
2018.6.1 Motion to Consolidate 729
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.6.1
Excerpt: ...1048(a) provides that the Court may order a joint trial on matters that “involve[] a common question of law or fact.” Both matters involve similar parties. In McDonald action, the parties are Plaintiff/Cross-Defendant Zachary McDonald; Defendants/Cross-Complainants McMillan and M&M Custom Floors, Inc.; Defendant M&M Custom Flooring; and Cross- Defendants Daniel McDonald, Evelyn McDonald, and Livin' Right Floors, Inc. The McDonald action invol...
2018.5.25 Motion to Vacate Dismissal 707
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.25
Excerpt: ...on March 28, 2018. On March 28, 2018, Plaintiff filed the first amended complaint (“FAC”) against Dr. Wagmeister for: (1) fraudulent failure to disclose; and (2) CMIA (Civil Code, §56 et seq.). Plaintiff alleges that he had health insurance with Blue Shield of California from 2010 to 2016. In 2014, Plaintiff alleges he suffered from back pain and Blue Shield of California provided Plaintiff with a medical doctor, who then brought in Dr. Wagm...
2018.5.25 Motion for Relief from Entry of Dismissal 863
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.25
Excerpt: ...nd Investment Group. The property was listed on the MLS for rent on March 9, 2017. Plaintiff alleges that Denuto received contact from Defendant Ji Hui Luo (“Luo”) that her client, Defendant Ping Chen (“Chen”) was interested in renting the property. Plaintiff attempted to meet with Chen, but was unable to do so and Luo signed a lease agreement for the property. Plaintiff alleges that thereafter he attempted to contact Chen numerous times,...
2018.5.25 Motion for Terminating Sanctions 387
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.25
Excerpt: .... He alleges his vocal chords were damaged. Defendant Yeong An Sheu, M.D. and Defendant Vartan Tarakchyan, M.D. each filed a motion for terminating sanctions against Plaintiff for failure to respond to discovery pursuant to Court order. The motions are not opposed. LEGAL STANDARD According to CCP §2023.030(d), the court may impose terminating sanctions dismissing <00030057004b0048000300 005c0003005300550052>cess includes failing to respond or su...
2018.5.25 Motion to Bifurcate or Sever 958
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.25
Excerpt: ...ertaining to a lease of a gas station and convenience store. Plaintiff retained possession of the smog station, which was on the premises. The first amended complaint, filed February 16, 2016, alleges causes of action for: (1) breach of contract (for failure to indemnify under the lease agreement and failure to pay for the inventory); and (2) common counts. Defendants filed a cross-action against Plaintiff, Anahid Manoukian, Tania Manoukian, and ...
2018.5.25 Motion to Strike, Request for Attorney's Fees and Costs 007
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.25
Excerpt: ...ipes, Inc. based on Plaintiffs/Cross-Defendants Andreh Koygani, Hovik Grigorian, and Secret Recipes, Inc.'s (“Cross-Defendants”) default under a lease agreement for property located at 933 N. Brand Blvd., Glendale, CA 91202. Cross- Complainants allege they are the owners of a long-term ground lease and building for the commercial property there. Cross-Complainants allege that Cross-Defendants failed to pay monthly rental payments due and were...
2018.5.25 Motion for Leave to File Complaint 414
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.25
Excerpt: ...ssistance of her mother Zhang Shuhua, acting in connection with other Defendants, conspired to take steps to orchestrate the unauthorized and illegal theft of money and property belonging to Plaintiffs in separate schemes totaling over $30,000,000.00 USD in value. The action was commenced on September 9, 2015. The sixth amended complaint (“6AC”) alleges causes of action for: (1) common count for money lent; (2) conversion; (3) fraudulent conc...
2018.5.25 Motion for Determination of Good Faith Settlement 243
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.25
Excerpt: ... to a lease agreement. Defendant Lexington Park Homeowners Association (“Lexington”) is the owner of the condominium complex, Defendant Garo Mardirossian (“Mardirossian”) is the landlord, and Defendants Margaret and Martik Martirossian (“Martirossian Defendants”) owned Unit 213. Plaintiffs allege that Unit 313 was not habitable and had numerous issues (i.e., mold, nails sticking out, missing carbon monoxide detectors, etc.), including...
2018.5.11 Motion to Compel Further Responses 297
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.11
Excerpt: ...00 and that same day, he was rear-ended. He alleges he took the vehicle to a repair shop and Defendant State Farm Mutual Automobile Insurance Company Inc.'s (“Defendant”) representative estimated that the vehicle was a total loss, such that Defendant declined to repair it. Defendant offered Plaintiff $13,740 for the settlement of property damage. Plaintiff alleges that while he was negotiating with Defendant, the vehicle was incurring storage...
2018.5.11 Request for Preliminary Injunction 169
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.11
Excerpt: ...�Zhao') and borrowed a total sum of $20,500,000.00 RMB (Chinses currency), or approximately $3,153,846.10 USD. (Id., ¶8.) Over time, Plaintiff alleges she repaid a total of $12,289,500 RMB, or $1,759,923.00 USD. (Id., ¶10.) However, the parties disputed the remaining balance of the loan and Zhao allegedly refused to negotiate with Plaintiff unless Plaintiff provided the subject property to Defendant as security for the full amount of the lien. ...
2018.5.11 Motion to Amend Complaint 249
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.11
Excerpt: ...onstruction of a work of improvement for Disney Worldwide Services, Inc. at Disney Animation Studio (2100 W. Riverside Drive, Burbank, CA 91506). Taslimi was the general contractor for Sage was a subcontractor. Sage alleges it performed the work required, but that Taslimi failed to pay Sage on the project. The first amended complaint, filed December 28, 2017, alleges causes of action for: (1) breach of contract; (2) quantum meruit; (3) open book ...
2018.5.11 Motion for Summary Judgment, Adjudication 781
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.11
Excerpt: ... November 1, 2015, Defendants' vehicle collided and crashed into the body of Decedent, which directly and legally caused his death. The first amended complaint (“FAC”), filed September 20, 2016, alleges cause of action for: (1) negligence; (2) survivor action; (3) NIED; (4) peculiar risk; and (5) negligent hiring/supervision/retention of an independent contractor. Defendant Living Spaces Furniture, LLC (“Living Spaces”) moves for summary ...
2018.5.11 Motion for Summary Judgment 669
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.11
Excerpt: ...greement with Defendant E & N Financial Services and Development, Inc. (“Defendant”) and obtained $257,650. He alleges that the line of credit was secured by a deed of trust on his property. Plaintiff alleges that when he sought to refinance his property, he obtained a loan to pay off all encumbrances, including Defendant's deed of trust. Plaintiff alleges that Defendant improperly claimed that Plaintiff owed an additional $26,500 for renewal...
2018.5.11 Demurrer 041
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.11
Excerpt: ...t Corvette 60 th Anniversary edition (which he alleges is a “collector's car”), while she was texting on her phone. The first amended complaint (“FAC”), filed February 13, 2018, alleges cause of action for: (1) diminished value damages of Plaintiff's collector car; (2) general negligence; (3) intentional tort; and (4) negligence per se. Defendants Gavane Mikayelyan, Eliza Ter-Arakeylan, and Hovanes Markarian demur to the FAC. Plaintiff op...
2018.5.11 Motion to Compel Compliance with Request for Production 090
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.11
Excerpt: ...es. In 2016, Plaintiffs Noble Coker and N&E Enterprises, LLC (“N&E”) became interest in purchasing USA Safes' gun safe distribution business. On June 17, 2016, USA Safes, Defendant Maria Carmela B. Conde, Coker, and N&E entered into an asset purchase agreement whereby N&E agreed to purchase most of USA Safes' assets for over $1.2 million. (Compl., ¶12, Ex. A.) Plaintiffs alleges that they discovered that Defendants failed to make proper disc...
2018.5.11 Demurrer, Motion to Strike 889
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.11
Excerpt: ...on of the premises under a month-to-month lease agreement. They allege that the premises lacked an air conditioning system, which caused Fay Eun Joo Park to become ill. They allege that despite putting Defendants on notice of the defective conditions, Defendants failed to correct the issue. The complaint, filed December 6, 2017, alleges cause of action for: (1) tortious failure to provide habitable premises; and (2) negligence. Defendants filed a...
2018.5.4 Demurrer 389
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.4
Excerpt: ...tion, which began on October 10, 2014 and thereafter. The complaint, filed January 8, 2016, alleges causes of action for: (1) negligence; (2) elder abuse; and (3) loss of consortium. Defendant demurs to each cause of action. Plaintiffs oppose. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal. App. 4th 740, 747.) ¿When considering demurrers, courts read the allegations...
2018.5.4 Demurrer, Motion to Strike 909
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.4
Excerpt: ...evorkian Property”) owned by Defendants Abraham Kevorkian (“Kevorkian”) and Nancy Odesho (“Odesho”). Plaintiff alleges that the Kevorkian Property has always benefited, as the dominate tenement, over the Hastings Property with a 30-foot wide recorded easement. Plaintiff filed this lawsuit against Defendants to enjoin them from using the easement for anything other than ingress and egress, in view of their history of parking vehicles in ...
2018.5.4 Motion for New Trial 581
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.4
Excerpt: ...on was a rich, knowledgeable partner in Defendant Madison Financial, based on his representations, when in fact he was an unlicensed salesperson. Based on her belief in his abilities, Plaintiff accepted Harrington's offer to invest her savings of approximately $400,000 to $500,000 through Madison financial. However, Harrington did not make the investments and rather were used by Harrington, Defendant Claudia Fisher, and Defendant Gary Ahlfeldt. O...
2018.5.4 Motion for Summary Judgment 167
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.4
Excerpt: ...hat Decedent began receiving medical treatment from various healthcare Defendants in 2015. They allege that each of the Defendants were negligence and committed malpractice with regard to their care of Decedent. The complaint, filed December 16, 2016, alleges a single cause of action for medical malpractice. Defendant Earl Wayne Moore-Jeffries, M.D. (“Dr. Moore-Jeffries”) move for summary judgment on the grounds that: (1) he complied with the...
2018.5.4 Motion for Summary Judgment, Adjudication 701
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.4
Excerpt: ... involved in a motor vehicle accident with Decedent on January 26, 2015, which caused Decedent's death. The complaint, filed December 13, 2016, alleges causes of action for: (1) negligence- wrongful death; and (2) negligence – res ipsa loquitur. Defendant filed the first-amended cross-complaint against Cross-Defendants Nestar Orellana and Javier Duenas (“Cross-Defendants”) on April 18, 2017, alleging causes of action for: (1) comparative in...
2018.5.4 Motion to Quash Deposition Subpoena, Freeze Line of Credit 414
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.4
Excerpt: ...with the advice and assistance of her mother Zhang Shuhua, acting in connection with other Defendants, conspired to take steps to orchestrate the unauthorized and illegal theft of money and property belonging to Plaintiffs in separate schemes totaling over $30,000,000.00 USD in value. The sixth amended complaint (“6AC”) alleges causes of action for: (1) common count for money lent; (2) conversion; (3) fraudulent concealment; (4) breach of fid...
2018.5.4 Motion to Strike Doe Amendment 801
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.4
Excerpt: ... <0003004600550052005600 00030044004a0044004c>nst Clack Corporation (“Clack”) and Wave Cyber USA, LLC (“Wave Cyber”) for: (1) total indemnity; (2) declaratory relief – implied partial indemnity; and (3) declaratory relief – equitable apportionment. On April 27, 2018, the Court granted Eversoft's motion for leave to amend the cross-complaint to name IWC as a Roe Defendant. On May 10, 2017, Wave Cyber filed a cross-complaint, which name...
2018.5.4 Demurrer 849
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.5.4
Excerpt: ... Jenny Lin (“Lin”). Liu alleges that they agreed to purchase the property for approximately $362,000 and have 50/50 ownership in the property. Lin was to pay $190,000 in cash to pay $100,000 towards the down payment, $81,000 to pay Liu's credit card debt so that he would qualify for a mortgage to purchase the property, and $9,000 to pay for title and other escrow fees. As contribution towards the purchase, Liu would obtain a mortgage in his n...
2018.4.27 Motion for Summary Judgment, Adjudication 365
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.27
Excerpt: ... Sales”) car lot in order to purchase a 2007 BMW 335i, VIN WBAWB73527P036064. He alleges that he was advised by Future Auto Sales' representative, Kent, that the vehicle was clean and had not been in any accidents. Relying on such statements, Plaintiff entered into the Retail Installment Sales Contract (“Contract”) with Future Auto Sales and purchased the vehicle for $29,264.80 (cash price $17,999.00; down payment of $1,000.00; 60 monthly p...
2018.4.27 Motion for Leave to Amend Complaint 801
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.27
Excerpt: ...ed the premises. <0003004600550052005600 00030044004a0044004c[nst Clack Corporation (“Clack”) and Wave Cyber USA, LLC (“Wave Cyber”) for: (1) total indemnity; (2) declaratory relief – implied partial indemnity; and (3) declaratory relief – equitable apportionment. On May 10, 2017, Wave Cyber filed a cross-complaint, which named Industrial Water Conditioning (“IWC”) as a cross-defendant. On June 7, 2017, IWC filed a cross-complaint...
2018.4.27 Motion for Protective Order, for Compliance 345
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.27
Excerpt: ...Defendant Oji Akop are siblings. Sometime in 1993 or 1994, Roobik Nazarian and Jorj Nazari transferred monetary sums to Oji Akop's account to be used. Plaintiffs allege that in order to help Defendant Wahram Akop build his credit history, Roobik Nazarian allowed Oji Akop to buy the duplex in her and Wahram Akop's names to hold as co-trustees for Roobik Nazarian and Jorj. Plaintiffs allege they intended to sell the property and gave Wahram and Oji...
2018.4.27 Motion for Judgment on the Pleadings 281
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.27
Excerpt: ...; (2) intentional tort; (3) general negligence; and (4) exemplary damages. The first amended complaint (“FAC”) was filed February 23, 2017. Defendant moves for judgment on the pleadings. On April 17, 2018, Defendant applied ex parte to advance the hearing on this motion. The Court granted the ex parte and advanced the motion from June 29, 2018 to this date, and ordered that any opposition be filed by April 20, 2018, and the reply by April 23,...
2018.4.27 Motion to Appoint Post Judgment Receiver 169
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.27
Excerpt: ...red a judgment for <0015001300140019001100 03[ Plaintiff moves for an order appointing a post-judgment receiver to assist with the satisfaction of the judgment. On February 9, 2018, this motion initially came for hearing. The Court by Judge Donna Goldstein continued the hearing to this instant hearing date in order to provide Plaintiff's counsel time to file a supplemental brief no later than 5 days prior to this hearing date. On April 12, 2018, ...
2018.4.27 Motion to Consolidate 805
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.27
Excerpt: ... judgment. On October 3, 2013, Leal had received an “Order, Decision or Award of the Labor Commissioner” of the State of California for $66,756.57 for unpaid wages against Nelly Dagstanyan and Sqwash Corporation. On February 26, 2014, a “Clerk's Notice of Entry of Judgment” was made on the order under LASC Case No. LS024960. This case is currently assigned to Department B. In Becharoff Capital Corp. v. Dagstanyan et al. (LASC Case No. EC0...
2018.4.27 Motion to Quash 103
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.27
Excerpt: ...0033004f0044[intiff would release claims against them in exchange for Defendants paying $125,000 in 6 quarterly installments. Plaintiff alleges Defendants failed to make the first and all future installments, such that Plaintiff is owed $125,000, plus attorney's fees and costs. The complaint, filed January 29, 2014, alleges causes of action for: (1) breach of contract; (2) common counts; (3) fraud; and (4) breach of contract. On March 25, 2015, t...
2018.4.27 Motion to Compel Responses 905
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.27
Excerpt: ...laintiff alleges that Zhang had the obligations to ensure that certain bills and expenses incurred by Plaintiff were paid. Plaintiff alleges that Zhang wrote himself a $9,000.00 check using a company check and unlawfully cashed it. The complaint, filed January 27, 2016, alleges causes of action for: (1) fraud; (2) unjust enrichment; (3) money had and received; and (4) theft/conversion. On February 28, 2018, Plaintiff filed 4 motions to compel res...
2018.4.20 Motion for Summary Judgment 109
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.20
Excerpt: ... this action in order to foreclose on property located at 1290 East Woodbury Road, Pasadena CA 91104. Plaintiff <0044004600540058004800 002800440056004f0048[y (“Easley Defendants”) defaulted on the terms of the Note and Deed of Trust as modified by their Loan Modification Agreement. As such, Plaintiff has elected to accelerate all amounts due and owing under the Note and Deed of Trust. The complaint, filed March 2, 2017, alleges causes of act...
2018.4.20 Motion for Determination of Good Faith Settlement 701
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.20
Excerpt: ...tor vehicle accident with Decedent on January 26, 2015, which caused Decedent's death. The complaint, filed December 13, 2016, alleges causes of action for: (1) negligence- wrongful death; and (2) negligence – res ipsa loquitor. Defendant filed the first-amended cross-complaint against Cross-Defendants Nestar <00030044004f004f004800 00560048005600030052[f action for: (1) comparative indemnity and apportionment of fault; (2) total equitable inde...
2018.4.20 Demurrer, Motion to Strike 327
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.20
Excerpt: ...onstructed a carwash and started operating it, and water leaks from the carwash into the neighboring office building. Plaintiff also sued Defendant AMCO Insurance Company (“AMCO”), the insurance policy provider for Owner Defendants, for its bad faith and failure to compensate Plaintiff for its damages from the water leaks. The First Amended Complaint (“FAC”), filed February 13, 2018, alleges causes of action for: (1) trespass; (2) private...
2018.4.20 Motion to Bifurcate, Stay Discovery 949
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.20
Excerpt: ...er (“Mission Care”) from December 23, 2016 to February 2017. She alleges that Mission Care knew or should have known of her medical ailments, and yet failed to give her basic care. She alleges that Mission Care and Defendants Ensign Services, Inc. and The Ensign Group, Inc. (“Ensign Defendants”) are directly and vicariously liable as “alter ego” of one another. The complaint, filed January 30, 2018, alleges causes of action for: (1) e...
2018.4.20 Motion to Strike 207
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.20
Excerpt: ...nter on June 11, 2016. Plaintiffs allege it was made known to the nursing staff that Decedent had a high risk of falls due to his pre-existing balance disorder, dementia, and hearing loss. Plaintiffs allege that despite this knowledge, Defendant failed to take the necessary precautions to protect Decedent from further injury or harm. The complaint, filed October 19, 2017, alleges causes of action for: (1) nursing malpractice; and (2) elder abuse ...
2018.4.20 Motion to Vacate Default, Judgment 963
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.20
Excerpt: ... at 5926 Wilkinson Avenue in Valley Village in exchange for $1,000 per month for rent. He alleges he left for the State of Israel for a month in August 2017, but upon his return was unable to enter his unit because the lock had been changed by Defendant. The complaint, filed February 2, 2018, alleges causes of action for: (1) breach of the covenant of habitability; (2) covenant of quiet use and enjoyment; (3) trespass to land; (4) trespass to cha...
2018.4.13 Motion to Vacate Default, Judgment, to Quash Service of Summons, Dismiss Action 761
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ... Inc. dba Olde Mill Steakhouse (“Concept”) executed and delivered to Plaintiff a Merchant Credit Application, requesting a loan of <000300440003004f005200 00190015000f00130013[0.00 for Concept, to which Concept was to pay the loan back in weekly installments. Plaintiff alleges that Concept defaulted on the loan payments and defaulted on the loan, such that the total sum due to Plaintiff is $101,942.28. The complaint, filed December 10, 2009, ...
2018.4.13 Motion to Stay, Demurrer, Motions to Strike 065
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ...s the driver that picked Plaintiffs up for their Uber ride. Plaintiffs allege that Riddle became extremely confrontational and violent when Currey asked Riddle to put her music down. Plaintiffs requested to be dropped off, but Riddle refused to let them out until they called 911. Plaintiffs allege that Riddle then attempted to run them over several times. The First Amended Complaint (“FAC”), filed November 29, 2017, alleges causes of action f...
2018.4.13 Motion to Correct Judgment 581
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ... of dollars from plaintiff. The liability phase of trial commenced on May 1, 2017 and concluded on May 30, 2017. The Court, through Judge Donna Fields Goldstein, issued a Tentative Statement of Decision on August 28, 2017, considered objections filed by the parties, and issued a Final Statement of Decision on September 18, 2017. Plaintiff was awarded $325,000 against Ahlfeldt (individually and as alter ego of Madison Financial, Inc.) and against ...
2018.4.13 Motion to Compel Deposition, for Production of Docs 090
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ...es, LLC (“N&E”) became interest in purchasing USA Safes' gun safe distribution business. On June 17, 2016, USA Safes, Defendant Maria Carmela B. Conde, Coker, and N&E entered into an asset purchase agreement whereby N&E agreed to purchase most of USA Safes' assets for over $1.2 million. (Compl., ¶12, Ex. A.) Plaintiffs alleges that they discovered that Defendants failed to make proper disclosures regarding their business, including their pay...
2018.4.13 Motion to Compel 733
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ...auses of action for: (1) failure to provide meal periods; (2) failure to provide rest periods; (3) failure to provide overtime wages; (4) failure to pay wages upon termination; (5) failure to provide accurate itemized wage statements; (6) unfair business practices; (7) hostile work environment – harassment; (8) NIED; and (9) IIED. Defendant Mike McMillan (“McMillan”) filed two motions to compel further responses against Plaintiff for: (1) S...
2018.4.13 Motion for Summary Judgment 527
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ...his cross- action, Mega alleges that Benchmark issued a Commercial General Liability Coverage policy to Mega for a period of December 16, 2013 to December 16, 2014, under policy no. BIC5009427. (FAXC, ¶5, Ex. A.) The administration of the policy was taken up by Westcap Insurance Services, LLC (“Westcap”), a third-party administrator for Benchmark. (FAXC, ¶5.) While the policy was in effect, on March 5, 2014, Mega entered into a contract wit...
2018.4.13 Motion for Determination of Good Faith Settlement 701
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ...tor vehicle accident with Decedent on January 26, 2015, which caused Decedent's death. The complaint, filed December 13, 2016, alleges causes of action for: (1) negligence- wrongful death; and (2) negligence – res ipsa loquitor. Defendant filed the first-amended cross-complaint against Cross-Defendants Nestar Orellana and Javier Duenas (“Cross-Defendants”) on April 18, 2017, alleging causes of action for: (1) comparative indemnity and appor...
2018.4.13 Demurrer, Motion to Strike 606
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ... the Estate of John Lau, brings this action for medical malpractice and elder abuse against various healthcare Defendants. Plaintiff is the son of Decedent John Lau (“Decedent”). Plaintiff alleges that Decedent was brought by ambulance to Defendants' emergency room on January 2, 2016. He alleges Defendants caused personal injuries to Decedent because they negligently treated and care for him. He alleges Defendants failed to diagnose holes or ...
2018.4.13 Demurrer, Motion to Strike 149
Location: Los Angeles
Judge: Osorio, Benny C
Hearing Date: 2018.4.13
Excerpt: ... modification of the loan and that Defendant Select Portfolio Servicing, Inc. (“Defendant”) orally agreed to review the loan modification. However, she alleges that Defendant denied the loan modification after advising her to default on the loan, after a substantial delay, and after failing to calculate her income correctly. Plaintiff filed an appeal and Defendant's agents requested additional documents. During this process, Plaintiff alleges...

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