Excerpt: ...sociation now moves pursuant to CCP §473(b) to vacate the dismissal. The motion is timely as Plaintiff filed the motion within 6 months of the dismissal. Furthermore, Plaintiff provides the declaration of their counsel, John E. Gordon. Counsel states that his office became aware of the dismissal on January 30, 2018 when counsel accessed the Court's website. (Gordon Decl., ¶¶3, 11.) He states his office was not in receipt of any notices from th...

Excerpt: ... 2018, alleges causes 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. Mike McMillan filed a cross-complaint against Zachary McDonald, Daniel McDonald, Evelyn McDonald on...

Excerpt: ...003002800540058004c00 004800550056000f0003>Inc. (“Plaintiff”) filed the “PLAINTIFF'S POSITION STATEMENT RE: MOTIONS TO COMPEL.” Plaintiff admits that Defendant's motion are well taken because at the time the discovery requests were propounded, Plaintiff had been under the control of a receivership. Plaintiff states that the receiver did not speak to Plaintiff about the discovery, but filed insufficient responses on his own. Thus, followin...

Excerpt: ...tories (“SROG”), set one; and (3) Request for Production of Documents (“RPD”), set one. Defendants also filed a motion for order deeming Requests for Admissions (“RFA”), set one, admitted. On September 25, 2017, Defendants served on Plaintiff the discovery requests. Defendants state they extended numerous courtesies and extensions regarding the outstanding discovery and attempted to meet and confer on several occasions. As of the fili...

Excerpt: ...causing him injury. The complaint, filed May 16, 2017, alleges a single cause of action for medical malpractice. Defendant Yeong An Sheu, M.D. and Defendant Vartan Tarakchyan, M.D. each filed three motions to compel discovery responses from Plaintiff. The motions are not opposed. DISCUSSION A. Dr. Sheu's Motions to Compel Discovery Responses On August 25, 2017, Dr. Sheu served on Plaintiff: (1) form interrogatories, set one; (2) special interroga...

Excerpt: ...ed 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 payroll methods and their sales reve...

Excerpt: ...rn California (“Defendant”) over their home. They allege they were covered under the policy at the time a fire broke out in their neighborhood on July 12, 2016. Plaintiffs allege that Defendant's repair estimate for their home severely undervalued their property. The First Amended Complaint (“FAC”), filed December 4, 2017, alleges causes of action for: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; ...

Excerpt: ...kop 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 Akop the first...

Excerpt: ...of General Electric Capital Corporation. (Id., ¶1.) Plaintiff alleges on or about January 1, 2016, Defendant failed to make the monthly payment then due and owing, and failed to make any further payments. (Id., ¶7.) Pursuant to the agreement terms, Plaintiff has chosen to accelerate the remaining balance due and owing, which is $77,162.29. (Id., ¶8.) The complaint, filed August 12, 2016, alleges causes of action for: (1) breach of written agre...

Excerpt: ...(“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, alleges causes of action for: (...

Excerpt: ...ty without any right. The property at issue is located at 406 E. Graves Avenue, Monterey Park, California 91755. MTC claims that it is the trustee, but it is a substituted trustee and not the original trustee. As a result, Plaintiff alleges the sale of his property to Defendant Breckenridge Property Fund 2016, LLC (“Breckenridge”) was wrongful. Plaintiff seeks damages, cancellation of the documents recorded on his property, and a declaration ...

Excerpt: ...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 assault...

Excerpt: ...ained on May 22, 2016 following an invasive surgical procedure. He alleges his vocal chords were damaged. Defendant Providence Health System – Southern California dba Providence Saint Joseph Medical Center (“Providence”) moves for terminating sanctions against Plaintiff for his failure to obey a court order dated January 12, 2018. The motion is not opposed. LEGAL STANDARD According to CCP §2023.030(d), the court may impose terminating sanc...

Excerpt: ...flooded the premises. Defendant field a cross-action against Clack Corporation (“Clack”) and Wave Cyber USA, LLC. On February 6, 2018, Clack filed a motion to compel the production of documents requested of Chelsey Sanderson, president of corporate Plaintiff, at deposition. On March 2, 2018, Defendant filed a joinder to Clack's motion. Plaintiff opposes the motion. REQUEST FOR JUDICIAL NOTICE Clack requests judicial notice of the case entitle...

Excerpt: ... action filed by Defendant Robert Bresler (“Defendant”) on July 20, 2017 at the Pasadena Courthouse (“UD Action”). The motion is not opposed. LEGAL STANDARD Motions to consolidate are permitted in “actions involving a common question of law or fact pending before the court.” (CCP §1048(a).) In such cases, the court “may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions co...

Excerpt: ...s Diagnostics, Inc., Eugene Ravin, and Michael Goldman aka Mikhail Goldman (“Defendants”). This case arises from Plaintiffs' claim that Defendants engaged in wrongful conduct when they attempted to recover a debt for $906.50. On January 5, 2018, Plaintiffs voluntarily dismissed the complaint with prejudice. On January 8, 2018, Plaintiffs' counsel informed the Court that the case had been settled in its entirety. Now, before the Court, are two...

Excerpt: ... United Walls, Inc. out as plaintiff in this action and substitute its assignee, Cristina Hubb (“Hubb”) as plaintiff. Defendant opposes. DISCUSSION CCP §368.5 states: An action or proceeding does not abate by the transfer of an interest in the action or proceeding or by any other transfer of an interest. The action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made...

Excerpt: ...ges causes of action for: (1) intentional tort (trespass to chattel); (2) fraud (fraudulent misrepresentation); (3) fraud (negligent misrepresentation); and (4) intentional tort (conversion). Defendant demurs to each of the causes of action on the basis that they fail to allege sufficient facts to constitute a cause of action and that they are uncertain. Plaintiff opposes. DISCUSSION A. Demurrer Meet and Confer Requirement CCP §430.41(a) require...

Excerpt: ...partnership with Nagy's deceased husband and formed Gaboratory in 1995. Plaintiff has a 49% share of Gaboratory, while Nagy is a 51% shareholder. However, Plaintiff alleges by 2003, Nagy completely excluded Plaintiff from Gaboratory, started selling products to Asian markets, wrongfully converted the Gaboratory trademark into her name, and misrepresented to Plaintiff that Gaboratory was unprofitable. This action was commenced on August 24, 2015. ...

Excerpt: ...alleges that it entered into a series of attorney-client retainer agreements with Defendants Zee Law Group (“ZLG”) and Tappan Zee (“Zee”) (collectively, “Zee Defendants”) from 2004 to February 9, 2011. Union alleges that Zee Defendants failed to perform their obligations under the retainer agreements by failing to provide case status reports, timely costs billings, and accounting. The First Amended Complaint (“FAC”), filed March 2...

Excerpt: ... Plaintiff Orlando Cordon (“Plaintiff”) and Defendant Eugene N. Sun (“Defendant”). The first amended complaint, filed February 23, 2017, alleges causes of action for: (1) negligence; (2) negligence per se, Vehicle Code, §21950; (3) negligence per se, Vehicle <004f004800030026005200 00130016001100030003[ Defendant now moves to compel further responses to: (1) Special Interrogatories, set two (“SROG”); and (2) Defendant's Notice of Dep...

Excerpt: ...y, and (2) General Negligence. Plaintiff alleges that on August 9, 2017, Defendant negligently operated his motor vehicle which caused a collision with decedent Robert Terry's vehicle. Terry died on August 17, 2017 from injuries he sustained in the collision. On January 10, 2018, Defendant filed a demurrer to Plaintiff's complaint and a motion to strike. The court has considered the moving papers, as no opposition was filed. DISCUSSION Meet and C...

Excerpt: ...ir he sat on suddenly collapsed. The complaint was filed on July 2, 2015. The first amended complaint, filed April 18, 2017, alleges causes of action for negligence and premises liability. On May 18, 2017, CMW filed an answer and a cross-complaint for indemnification, apportionment of fault, declaratory relief, and express indemnity against Alera, United Stationers Supply Co., and Essendant Co. On September 12, 2017, CMW filed the first amended c...

Excerpt: .... (“Hy International”) and driven by Han Vinh Dam (“Dam”). (Fact 1, 3.) At the time of the accident, Wang was asleep but was awoken upon feeling the impact. (Fact 4-6.) The accident allegedly occurred when Defendant Vincent Nguyen's (“Nguyen”) vehicle collided with the bus. The complaint was filed January 13, 2016, and the first amended complaint was filed on January 29, 2016. Defendants Hy International, Inc. (“Hy International”)...

Excerpt: ...erved Plaintiff Francisco Ramos at his last known mailing address, which he was unable to confirm. However, Counsel made efforts to mail the motion papers to Plaintiff's last known address, return receipt requested, and calling Plaintiff's last known telephone number. Defense counsel was also served with the motion by mail. Counsel declares Plaintiff's conduct renders it unreasonably difficulty to carry out the employment and that there is lack o...

Excerpt: ...filed on March 15, 2016. Defendant filed two motions to compel depositions compliance with deposition subpoenas from non-parties: (1) Dong Myung Kim, D.D.S., and (2) Soung Cho, D.D.S. Defendant issued subpoenas for the production of business records on Pei's medical providers, including Dr. Kim and Dr. Cho. Pei objected to both subpoenas. Plaintiffs filed partial oppositions to the motions. LEGAL STANDARD If a subpoena requires the attendance of ...

Excerpt: ...); Special Interrogatories, set one and two (“SROG”); and Form Interrogatories, set one (“FROG”). On January 26, 2018, counsel for both parties participated in an Informal Discovery Conference (“IDC”). The Court's notes with respect to the IDC indicate that the parties resolved their discovery dispute. It is likely that the parties may have agreed to a resolution of many of the substantive issues presented by way of the motions, howev...

Excerpt: ... Plaintiffs allege that Defendant OfficeMax Contract, Inc. (“OfficeMax”) employed Narvaez and owned/entrusted the vehicle to Narvaez. The accident occurred on November 6, 2015. The complaint, filed April 11, 2016, alleges causes of action for motor vehicle and general negligence. Defendants filed this motion to quash Plaintiff's deposition subpoenas directed at Maria Trotter and the Person Most Knowledgeable (“PMK”) at UC Irvine Health re...

Excerpt: ...rogatories (“SROG”), set one; and (2) Request for Production of Documents (“RPD”), set one. Dr. Shahangian filed a third motion to deem the truth of the matters admitted for Plaintiff's timely failure to respond to the Requests for Admissions (“RFA”), set one. On October 13, 2017, Dr. Shahangian served on Plaintiff the discovery requests. Dr. Shahangian's counsel attempted to contact Plaintiff's counsel (by telephone and letter), but ...

Excerpt: ...efendant Ammari Auto Center dba All Valley Battery Service (“Ammari”). The complaint, filed October 24, 2017, alleges causes of action for motor vehicle and general negligence. <0048005500590048005100 0051004a0048004f0048>s Metropolitan Transportation Authority (“LAMTA”) filed a petition for leave to intervene. The complaint in intervention (file stamped January 12, 2018) is filed against Soto and Ammari pursuant to Labor Code, §3852. Pl...

Excerpt: ...es of action for general negligence and motor vehicle. <0053005700480050004500 00130014001a000f0003>Defendant was served with the summons and complaint on August 8, 2017 by substituted service. On September 29, 2017, the Court noted that proof of service had been filed with the Court, took the scheduled Final Status Conference off calendar, and vacated the Trial date. The Court set a Trial Resetting Conference for November 3, 2017, to allow Defen...

Excerpt: ... causes of action for general negligence and premises liability. Defendant GoldenVoice, LLC (sued as AEG Live Now Presents and The Fonda Theatre) moves to strike the punitive damages allegation in the form complaint at page 3, paragraph 14a(2). DISCUSSION Pursuant to CCP §436, the court may “[s]trike out any irrelevant, false, or improper matter” contained in the pleading or “[s]trike out all or any part of any pleading not drawn or filed ...

Excerpt: ...g”). At that time, King was employed as a tour bus driver by the van's registered owner, Defendant Djajjar Hidouche dba Hollywood Exchange and Tours (“Hidouche”). The action was filed on April 15, 2016. On November 17, 2017, default was entered against King. Default judgment has not yet been entered. On January 5, 2018, proposed intervenor Zurich American Insurance Company (“Zurich”) filed a motion to intervene and set aside the default...

Excerpt: ...ther answers to form interrogatories, set one, and special interrogatories, set one. On December 4, 2017, counsel for both parties participated in an Informal Discovery Conference (“IDC”). The Court's notes with respect to the IDC indicate that the parties resolved their discovery dispute, subject to the receipt of code compliant responses. On January 19, 2018, Plaintiff's counsel, Raymond Ghermezian, filed a declaration in opposition to Defe...

Excerpt: ...7, 2014. Plaintiff alleges that at the time of the accident, Freiburger was in the course and scope of employment of Defendant G.F. Lacaeyse Transport, Inc. (“G.F.”). The complaint was filed on February 9, 2016. G.F. filed two motions to compel depositions of non-parties: (1) Josue Gomez and (2) Amadeo ‘Camilo' Velasquez. The motions are not opposed. DISCUSSION Pursuant to CCP §1987.1(a), the court may make an order quashing the subpoena, ...

Excerpt: ...practice against various healthcare defendants as a result of the care rendered to Decedent Haik Tsaturyan (“Decedent”). Plaintiffs allege that due to Defendants' negligent care of Decedent, Decedent passed away on May 30, 2015. The complaint, filed May 10, 2016, alleges 4 causes of action for professional negligence-wrongful death. The third cause of action of the complaint is alleged against Defendant Moshe Barnajian, M.D., Inc. Plaintiff a...

Excerpt: ...led a first amended complaint (“FAC”) on October 31, 2017 after a demurrer and motion to strike were filed against the original complaint. In the FAC, Plaintiff alleged causes of action for the following: (1) negligence, (2) assault and battery, (3) intentional infliction of emotional distress (“IIED”), and (4) false imprisonment. Plaintiff alleges that on June 20, 2016, Plaintiff went to the Kaiser Permanent Hospital Emergency Room to re...

Excerpt: ...ollided with Defendant Johan Martinez's vehicle, who was unexpectedly stopped in front of him. Ishou's vehicle was struck from behind by Defendant Maria Guadalupe Argueta's vehicle. The complaint filed on March 3, 2017, alleges causes of action for negligence and negligence per se. On Jun e1, 2017, Martinez filed a cross-complaint against Ishou and Argueta. On June 2, 2017, Uber filed a cross-complaint against Argueta. On August 8, 2017, Argueta ...

Excerpt: ... alleges that while being taken into custody by the Los Angeles County Sheriff's Department, the vehicle struck a third party vehicle, causing injuries to Plaintiff. The complaint, filed December 31, 2014, alleges causes of action for: (1) automobile liability/motor vehicle; (2) negligence; and (3) negligent hiring, training, and supervision. On September 28, 2016, Defendant Raudel Gomez (“Gomez”) filed a Notice of Partial Settlement, stating...

Excerpt: ...d by Defendants Joel Silver, Silver Pictures, and Silver-Katz Holdings (“Silver Defendants”), Defendant Martin Herrold (“Herrold”) furnished Decedent with cocaine and Silver Defendants furnished Decedent with excessive amounts of alcohol. They allege this contributed and caused the death of Decedent by drowning. The complaint, filed August 18, 2017, alleges a single cause of action for wrongful death. Silver Defendants move to strike page...

Excerpt: ...perty and negligence. On December 15, 2017, Defendant County of Los Angeles (“Defendant”) filed a motion to compel Plaintiff's supplemental (further) responses to demand to produce certain document and items, set two, numbers 15, 16, 20-26, and 28-30. These document requests seek information regarding her income as a realtor. <004500520057004b000300 0053004400550057004c[cipated in an Informal Discovery Conference (“IDC”). According to the...

Excerpt: .... The other vehicle involved in the accident was driven by Defendant Rachel Barr, who was driving a vehicle owned by Defendant John Barr. The complaint, filed August 20, 2015, alleges causes of action for motor vehicle and general negligence by each Plaintiff. Rachel Barr moves to compel Plaintiffs' attendance at their physical examinations. The motion is not opposed. LEGAL STANDARD CCP §2032.020 provides that a party may obtain discovery by mea...

Excerpt: ...leges causes of action for motor vehicle and general negligence. No proof of service of the summons and complaint have been filed in this action. On July 14, 2017, the scheduled Trial date, no appearances were made and no communication was made with the Court as to why there were no appearances. The Court ordered the action entirely dismissed without prejudice based on Plaintiffs' failure to appear and failure to prosecute, pursuant to CCP §581(...

Excerpt: ...tories (“SROG”), set one, and Request for Production of Documents (“RPD”), set one. Plaintiff also filed a motion to deem the Requests for Admissions (“RFA”), set one, admitted and established as truth for the purposes for this action. On June 8, 2017, Plaintiff served on Defendant the discovery requests. As of the filing of the motions, Plaintiff states that he has not received responses from Defendant. Plaintiff's unopposed motions ...

Excerpt: ...he motor vehicle accident occurred on April 10, 2016. The complaint, filed January 11, 2017, alleges a single cause of action for negligence-personal injury. On January 3, 2018, Defendants filed a motion to compel Plaintiff's compliance with an independent medical examination (“IME”). The motion is not opposed. LEGAL STANDARD CCP §2032.020 provides that a party may obtain discovery by means of a physical or mental examination of a party to t...

Excerpt: ... Counsel properly served Plaintiff Ashley Garcia at her last known mailing address, which was confirmed by telephone within the past 30 days of filing the motion. Defendant was not served with the motion as it has not yet been served with the summons and complaint nor has it appeared in the action. Counsel declares there is a breakdown in communication that has occurred and the conduct of Plaintiff has made it unreasonably difficult for Counsel t...

Excerpt: ...ed on June 2, 2017. Defendant moves for terminating sanctions against Plaintiff for her failure to obey a court order. The motion is unopposed. The Court notes that Plaintiff is currently representing herself in propia persona, as her counsel withdrew on October 30, 2017. LEGAL STANDARD According to CCP §2023.030(d), the court may impose terminating sanctions dismissing <004900030057004b004800 0055005c000300530055>ocess includes failing to respo...

Excerpt: ...d at 160 S. Virgil Avenue in Los Angeles, which was managed by Defendant FF Properties, L.P. dba Fairfield Properties, L.P. (“Fairfield”). The complaint, filed May 23, 2017, alleges causes of action for common law strict liability, statutory strict liability, premises liability, and negligence. On June 29, 2017, Fairfield filed an answer to the complaint. On January 12, 2018, Fairfield filed this instant motion for leave to file a cross-compl...

Excerpt: ...ne hand, and Defendant Alexander Harper Watts. Defendant Alexander Harper Watts was allegedly operating Defendants Cathy Watts and Andrew Watts' vehicle at the time. Plaintiffs also allege that a dangerous condition existed on the public roadway where the accident took place. The First Amended Complaint (“FAC”), filed October 23, 2017, alleges causes of action for: (1) negligence; (2) negligent entrustment; (3) negligent parental supervision;...

Excerpt: ...properly served Plaintiff Joshua Romero at his last known mailing address, which Counsel was unable to confirm. However, Counsel states he made efforts by mailing the motion papers to Plaintiff's last known address, return receipt requested, calling Plaintiff's last known telephone number, contacting persons familiar with Plaintiff (i.e., visiting the property in person and speaking with current resident and neighbors), conducting a skip trace as...