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: ... 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: ...); 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: ...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: ...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 ...