Excerpt: ...provide one more set of supplemental by August 22, 2011” but was stranded by Hurricane Irene, which was an August 2011 storm. The Court is essentially ordering that set here, and counsel should take a common sense view of the discovery requests (drafted by a non‐lawyer) to attempt to provide straightforward responses. 1. Plaintiff's motion to compel further responses to form interrogatories (set two) is GRANTED. Responses are ordered within 1...

Excerpt: ... amend. On June 20, 2018, plaintiff filed the operative first amended complaint on the optional Judicial Council form for (1) breach of contract and (2) fraud. On July 6, 2018, Benaron (hereinafter defendant) filed this opposed demurrer for insufficient facts. Defendant's counsel filed a compliant meet and confer declaration. Holmes Decl. ¶¶ 3-5. The demurrer challenges the operative pleading, the first amended complaint. Although the record do...

Excerpt: ... 6. failure to engage in the interactive process; and 7. failure to produce records. On July 3, 2018, defendant filed this opposed motion for protective order generally restricting the scope of discovery plaintiff should be allowed to seek. There is a total of 371 discovery requests propounded on defendant forming the basis of this motion. Plaintiff seeks sanctions totaling $3,500.00. The Court considered the moving, opposition, and reply papers ...

Excerpt: ... Iovene), 6. fraud deceit (against Sean Bouldin), 7. fraudulent concealment, 8. conversion, 9. unjust enrichment, 10. quantum meruit, 11. negligent misrepresentations, and 12. declaratory relief. On April 25, 2018, the Court granted an anti-SLAPP motion brought by Beats and Apple (collectively, Beats) as to the second and seventh causes of action. On July 5, 2018, Beats filed this opposed motion for judgment on the pleadings. The Court considered...

Excerpt: ...ice of the motion. For one, the proof of service does not indicate that plaintiffs were served. For another, although counsel represented that his clients' last known address was confirmed in the past 30 days by mail, telephone, and conversation, the latter two of which imply direct communication, counsel also represents that his “office has lost communication with [p]laintiffs” and that they “have not returned phone calls [or] respond[ed] ...

Excerpt: ... account, (3) account stated, and (4) goods sold and delivered. On March 15, 2016, the Court (Judge Goodman) entered judgment in plaintiff's favor, awarding plaintiff $27,681, reflecting a $20,000 setoff. The judgment awarded defendant nothing on its cross-complaint against cross-defendants. <0003004400530053004800 44004f0011[ On March 28, 2018, the Court of Appeal affirmed the judgment. On May 29, 2018, the Court of Appeal issued a remittitur. O...

Excerpt: ...re High School and College students design and build remote controlled robots to face-off in competition.” Id. at ¶ 37. LAUSD entered a robot into the event but was transported, shipped, and made available to plaintiff for his use in the competition. Id. at ¶ 18. Plaintiff's coach and teacher, Punjatorn Chanudomchuck, failed to appear at the event. Ibid. During the event but between sessions of actual operation engagement with the robot, the ...

Excerpt: ...d reply papers and rules as follows. Evidentiary Objections Plaintiffs' single evidentiary objection is OVERRULED. Motion to Strike / Tax Costs Standard In general, the “prevailing party” is entitled as a matter of right to recover costs for suit in any action or proceeding. CCP § 1032(b); Santisas v. Goodin (1998) 17 Cal.4th 599, 606; Scott Co. of California v. Blount, Inc. (1999) 20 Cal.4th 1103, 1108. The losing party may dispute any or a...

Excerpt: ...to compel plaintiff's medical examination. GACC seeks sanctions. The Court considered the moving, opposition, and reply papers and rules as follows. Standard Code of Civil Procedure section 2032.020, subdivision (a) provides that “[a]ny party may obtain discovery . . . by means of a physical or mental examination of (1) a party to the action . . . .” (Further unspecified statutory references are to the Code of Civil Procedure.) Section 2032.3...

Excerpt: ... is not on the mandatory Judicial Council form. CRC, rule 3.1362(c) (“The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil (form MC- 052).” The form declaration requires counsel to indicate, among other things, how counsel confirmed that the clients' addresses are current and that service was therefore proper. In addition, the proposed ...

Excerpt: ...rvices Inc. According to the allegations, defendants fraudulently induced plaintiffs into a predatory loan, knowing that plaintiffs would not be able to afford the monthly payments of $5,031.99. In the verified First Amended Complaint, plaintiffs allege eight causes of action against all defendants for: 1) Financial Elder Abuse, 2) Constructive Fraud; 3) Fraudulent/Intentional Misrepresentation; 4) Fraud in the Inducement; 5) Negligence; 6) Viola...

Excerpt: ...2014. On April 7, 2015, plaintiffs filed a complaint for survival and wrongful death from toxic injuries asserting causes of action for (1) negligence, (2) strict liability – failure to warn, (3) strict liability – design defect, (4) fraudulent concealment, and (5) breach of implied warranties. On May 3, 2018, defendants filed this opposed motion for summary judgment or adjudication. The Court considered the moving, opposition, and reply pape...

Excerpt: ...at point. Plaintiff's counsel eventually sent an email (on <011e018c011e0003017601 010f01c700030176017d>on on June 25, this motion would be filed on June 26, which it was. Plaintiff's motion should have disclosed the June 25 11:11 a.m. email from defendant's counsel stating “[w]e are working on this and will get the verifications to you in a few days.” Nevertheless, the promise from defendant was vague, particularly in light of the fact that ...

Excerpt: ... won <0044005100470003001400 0057004b004800030057[otal winning price at $72,500. Although Storck made partial payment and received some of the items, the complaint alleges that Storck has refused to pay the remaining amounts owed. In BC696911, Storck (hereinafter cross-complainant) sued Modern Auctions, Peter Loughrey, and Shannon Loughrey on March 7, 2018, for (1) rescission and restitution due to fraud, (2) rescission and restitution due to mis...

Excerpt: .... But they were “unqualified buyers” and defaulted on the lease/purchase agreement. The parties then entered into a land sale agreement. On September 3, 2015, plaintiff filed a complaint in BC593634. On September 25, 2015, plaintiff filed a first amended complaint for (1) breach of contract, (2) elder abuse, and (3) fraud, praying for $1,750,000 in damages. On December 16, 2015, the Court granted defendants' motion to compel arbitration and s...

Excerpt: ..., the Court's view is that JPMorgan has a right to know what evidence Greenfield will be relying upon and what theories it will be advancing. Second, as to destruction of evidence related to communications with Drew, Udko, and Wang. (Motion at 14, topic f.) And third, as to its document searches and productions since the last PMQ deposition. (Motion at 14, topic g.) *** The Court has since March 2018 taken an active role in determining what disco...

Excerpt: ...iffs Wang and China General Aviation, LLC filed a complaint for: 1. fraud (intentional misrepresentation), 2. negligent misrepresentation, 3. breach of contract, 4. breach of covenant of good faith and fair dealing, 5. conversion, 6. violation of Penal Code section 496, 7. intentional interference with actual contract, 8. promissory estopped, 9. accounting, and 10. constructive trust. <0047004800490048005100 470044005100570011[ On July 3, 2018, f...

Excerpt: ...ent and enter judgment against defendants if necessary. (Further unspecified statutory references are to the Code of Civil Procedure.) On June 26, 2018, plaintiff filed this unopposed motion to vacate the dismissal, enforce the settlement agreement, and enter judgment. The Court considered the moving papers and rules as follows. Motion to Enforce Settlement Standard The court is empowered to enter judgment where parties to pending litigation stip...

Excerpt: ...ent harassment/discrimination, 5. retaliation in violation of Labor Code section 1102.5, 6. retaliation in violation of Government Code section 12940(h), 7. intentional infliction of emotional distress, 8. wrongful termination in violation of public policy, 9. negligent hiring, supervision, and retention, 10. failure to pay all wages, 11. waiting time penalties, and 12. violation of the UCL. On June 25, 2018, plaintiff filed this opposed motion t...

Excerpt: ...garding filing a first amended complaint. The Court's ruling indicated that plaintiff's request for partition of 100% of the Property to him, when his declaration stated that others own interests in the Property as tenants in common, would violate Code of Procedure section 580, subdivision (a). (Further unspecified statutory references are to the Code of Civil Procedure.) On July 10, 2018, plaintiff filed a response to the OSC, arguing that the o...

Excerpt: ...service indicates that counsel served all the documents on both the client and defendant via its counsel. Counsel served the client by mail at her last known address and represented that she has been unable to confirm that the address is current; counsel represents that she has made attempts to contact plaintiff via phone, a “family friend,” and her e-mail address. Therefore, service was proper. CRC, rule 3.1362(d). As to the merits, the “d...

Excerpt: ...unctive relief. On February 3, 2017, the Court granted defendant's motion for summary adjudication as to the fifth, sixth, and seventh causes of action. On June 25, 2018, defendant filed this opposed motion to augment its expert witness list. (Defendant notes that the motion is brought as an alternative to its motion in limine No. 4.) Failure to Meet and Confer A motion to augment a party's expert witness list must be accompanied by a meet and co...

Excerpt: ...n to compel further responses to form interrogatories (set two) is GRANTED as to interrogatory 17.1 and DENIED as to interrogatory 16.6. As to interrogatory 16.6, the standard application of this interrogatory is where a plaintiff has, for example, suffered an elbow injury and the employer contends that damages from this injury pre‐dated an incident that is at issue, or that the loss of earnings caused by the incident should <018c017d0176015001...

Excerpt: ...o personal loans they made to Designing Health, as well as their deferred compensation.” Id. at ¶ 8. By the end of 2014, Designing Health owed plaintiff approximately $300,000. Id. at ¶ 10. Plaintiff alleges that defendants filed to file UCC-1 filings required to secure such debt and/or UCC-1 continuation statements. Id. at ¶ 12. On December 27, 2017, plaintiff filed a complaint and on April 6, 2018, the operative first amended complaint for...

Excerpt: ...ing Agreement), plaintiff's interest was eventually diluted.) H&I in turn owned, along with defendant Ivar Investments, LLC (Ivar Investments), two nightclubs: Roxbury Club and Lounge, LLC (Roxbury) and Hemingway's Lounge, LLC (Hemingway's). In very general terms, plaintiff alleges that Nightlife, Ivar Investments, and the individuals controlling them (primarily Elie Samaha and Donald Kushner) diverted funds into other business ventures at the ex...

Excerpt: ... responding to any of plaintiff's discovery requests in light of the section 998 offer. Defendant also seeks sanctions but does not specify an amount. Defendant's counsel submitted a compliant meet and confer declaration. Kimbrough Decl. ¶ 12. The Court considered the moving, opposition, and reply papers and rules as follows. Request for Judicial Notice Plaintiff's request for judicial notice of (1) another request for judicial notice filed in a...

Excerpt: ...ts Kalpesh Solaki and Mill Creek Investments, LCC's motion to deem admitted requests for admission, set one is GRANTED. On the current record, plaintiff Ashok Patel served no responses before the motion was filed and then, on or about the July 6, 2018, date of the opposition, served unverified responses. Because unverified responses are considered no response at all, Appleton v. Superior Court, 206 Cal.App.3d 632, 635‐36 (1988), the current rec...

Excerpt: ...d Willem Jonker as Doe defendants 1 through 5, respectively. On December 22, 2017, plaintiff filed this opposed motion for prejudgment possession and certification of tax information. U.S. Bank National Association filed a notice of joinder to the opposition. (The Court observes that although Valencia TPP is denominated a defendant in the opposition papers, it does not appear to actually be a party.) The Court considered the moving, opposition, a...

Excerpt: ... “an additional two weeks to do a [motion to compel.]” Untimeliness thus is not a position that <015d019a00030102018901 0102019a0003002c01c7>droquip had not even filed verified responses by June 18. <011e011e019a0372010201 018c0003015d01900003>meritless, where in the conferring process it promised additional responses but then did not provide them. Hydroquip finally served verified responses on July 2, around the time of the July 3 opposition...

Excerpt: ...icted of crimes. On February 21, 2018, plaintiff filed a complaint for: 1. damages for defamation and request for punitive and compensatory damages, 2. declaratory relief and injunctive relief, 3. breach of written and verbal contract, 4. intentional infliction of emotional distress, 5. malicious prosecution / PC § 646.9(e) harassment, 6. fraudulent concealment, 7. pain and suffering, 8. retaliation/harassment PC-646.9(e), 9. intentional interfe...

Excerpt: ...l to this date. On June 21, 2018, plaintiff filed this opposed motion for attorneys' fees. (The Court observes that on July 6, 2018, defendant filed two motions to tax costs, which are currently scheduled to be heard on August 14, 2018.) The Court considered the moving, opposition, and reply papers and rules as follows. Evidentiary Objections Defendant's evidentiary objections are contained in the proposed order. Plaintiff's evidentiary objection...

Excerpt: ...t Investment Advisory Contract” (Investment Advisory Contract.) Defendants allegedly overbilled plaintiff, failed to follow her directives, including failing to return money that they led her be believe was actually invested, on demand, and failed to advise her that the purported investment was very risky. On August 1, 2015, plaintiff sent a notice of termination of her investment advisor relationship with defendants. On July 28, 2016, plaintif...

Excerpt: ... apply to appear pro hac vice in this State by way of written application upon due notice to all interested parties, as well as service on the State Bar in San Francisco with payment of a $50.00 fee, so long as that attorney is not a resident of Califomia: does not work in California and clKrs not regular or substantial business, professional or other activities in the State. The written application must provide the following information (1) appl...

Excerpt: ...the appropriate Judicial Council forms and addressed to the client. CRC, rule 3.1362(a), (c), (e). The proof of service indicates that counsel served all the documents on both the client and plaintiff, who is self-represented. Counsel represented that his client's last known address was confirmed via the “State of California Department of Corrections and Rehabilitation Inmate Locator.” Although counsel did not mark the appropriate box on the ...

Excerpt: ... motion is denied for this reason alone. Second, plaintiff's approximately thirteen exhibits, comprising hundreds of pages, lack tabs. “Each exhibit must be separated by a hard 8 1/2 x 11 sheet with hard paper or plastic tabs extending below the bottom of the page, bearing the exhibit designation.” CRC, rule 3.1110(f). The Court spent a large amount of time attempting to figure out what pages go with which exhibit. The exhibits themselves hav...

Excerpt: ... apply to appear pro hac vice in this State by way of written application upon due notice to all interested parties, as well as service on the State Bar in San Francisco with payment of a $50.00 fee, so long as that attorney is not a resident of Califomia: does not work in California and clKrs not regular or substantial business, professional or other activities in the State. The written application must provide the following information (1) appl...

Excerpt: .... violation of Labor Code section 1102.5, 2. wrongful termination in violation of public policy, 3. violation of Labor Code section 232.5, 4. hostile work environment sex harassment, 5. failure to prevent harassment and/or discrimination, 6. sex discrimination, 7. violation of California Constitution Article 1, section 8, 8. violation of Labor Code section 270, 9. violation of Labor Code section 208, 10. violation of Labor Code section 203, 11. v...

Excerpt: ...owned by Simona and Kim through the Trust. On June 28, 2016, KSBLand Trust and Simona Farrise filed a complaint against defendants Rosario Bacon Billingsley, Andrew Billingsley, Law Offices of Rosario Bacon Billingsley (Rosario, Andrew, and Law Office are collectively, Billingsley), Melissa Kay Birch, Kim, David Frank Osman, Sotheby's, Inc., Sotheby's International Realty Inc., and Richard Adam Van Seenus (Birch, Osman, Sotheby's, and Seenus are,...

Excerpt: ...records that were used to support the filing of false insurance claims to Allstate. On June 1, 2018, defendants filed this opposed motion to modify or disregard the Referee's recommendations regarding Motions 107 and 204. (Motions considered by the Referee begin with 101 if brought by plaintiffs and begin with 201 if brought by defendants.) Plaintiffs seek sanctions. Also on June 1, 2018, plaintiffs lodged its objections to the Referee's reports ...

Excerpt: ...n opposing this motion cites cases establishing that the defendant—not the plaintiff— is the prevailing party as to costs when a case is dismissed. See Code of Civil Procedure section 1032(a)(4) (prevailing party includes “a defendant in whose favor a dismissal has been entered”). Under binding case law, however, a plaintiff is the prevailing party under section 1032 where there has been a monetary settlement before the dismissal. See deS...

Excerpt: ...nt and other charges upfront. Verified Complaint ¶ 13. All payments were required upfront based on plaintiffs' national origin. Id. at ¶ 12. Plaintiffs and defendant subsequently entered into a 26- day rental for a portion of the residence (the Short-Term Rental) beginning June 5, 2017 (prior to the start of the Long-Term Rental.) Id. at ¶ 16. Under the Short-Term Rental, defendant would continue occupying a portion of the residence. Id. at ¶...

Excerpt: ...nant of quiet enjoyment, (4) negligence, (5) violation of Civil <005a00490058004f000300 48005100570055005c0011[ On June 1, 2018, plaintiffs filed this opposed motion for a protective order precluding defendant from inspecting and photographing plaintiffs' apartment units beyond what is permitted by law. Plaintiffs also request an evidence sanction precluding defendant from using any photographs already taken in violation of the Civil Discovery Ac...

Excerpt: ...unt, (5) account stated, (6) unjust enrichment, and (7) bad checks damages. <004c005100560057000300 00570011> Plaintiff now seeks default judgment against defendant in the principal amount of $26,025.00 plus interest and costs for a total judgment of $29,312.78. Procedural Requirements <004c005100560057000300 00570011000300030031>o pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal...

Excerpt: ...everly Consumer Warranty Act; 3. violation of the Unfair Competition Law; 4. fraud and deceit; 5. negligent misrepresentation; 6. violation of the Automobile Sales Finance Act 7. conversion 8. declaratory relief; and 9. violation of Vehicle Code section 11711. The first eight causes of action are directed only toward D's Auto. The ninth cause of action is directed only toward Western. On February 5, 2018, plaintiff filed a notice of settlement wi...

Excerpt: ...�[T]he perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order . . . .”); Diesel Const. Equipment Co. v. <000b00b30024004f004f00 00030051004800460048[ssary to divest the trial court of jurisdiction is the filing of the notice of appeal. [Citation.]”) Although the Court may still decide matters ...

Excerpt: ...off calendar. Depositions of Ricardo Saravin and Debbie Islas were canceled the day before, due purportedly to the flu and a jaw injury. This is not sufficient basis for sanctions on the plaintiffs. The parties should address Sophie Saravia at the hearing. There apparently is a dispute as to whether she is currently four years and eleven months (Plaintiffs' Opposition at 2) or five years and five months (Defendants' Reply at 9). Regardless, she i...

Excerpt: ...100470003001400 0057004b004800030057[otal winning price at $72,500. Although Storck made partial payment and received some of the items, the complaint alleges that Storck has refused to pay the remaining amounts owed. <004800550003002f005200 00440051004700030036[hannon Loughrey on March 7, 2018, for (1) rescission and restitution due to fraud, (2) rescission and restitution due to mistake, (3) violation of Civil Code section 1812.605(c), (4) frau...

Excerpt: ...t interference with prospective economic relations, (7) UCL violations, and (8) conversion. On May 18, 2018, Kabir One filed this motion to compel arbitration. Although plaintiff did not file an opposition, Cantilever opposes on the ground that it was not a party to the arbitration agreement. Although Kabir One filed a notice of plaintiff's non-opposition, it did not file a reply to Cantilever's opposition. The Court considered the moving and opp...

Excerpt: ...0%) profits and disassociated after collecting money.”) <0047004800490048005100 470044005100570011[ Plaintiff now seeks default judgment (according to the proposed judgment) against defendant in the principal amount of $184,000.00 plus interest and “emotional suffering” for a total judgment of $370,000.00. Procedural Requirements <0047004800490048005100 00520003005300480051[ding motion to vacate default appears in the record. The default ju...

Excerpt: ...laintiffs by their first names for clarity and consistency, not out of familiarity or disrespect.) On December 22, 2017, plaintiffs filed a verified complaint and on April 26, 2018, a verified first amended complaint for: 1. Violation of Civil Code section 1942.5; 2. Breach of the implied warranty of habitability; 3. Breach of the covenant of quiet enjoyment; 4. Nuisance; 5. Breach of Business and Professions Code section 17200 et. seq.; 6. Negli...

Excerpt: ...3, 2014 meeting at Yalamanchili's Arcadia office, they and Yalamanchili deliberately represented to plaintiff that the property sat on 12.5 acres, but it actually sat on only 10. They also misrepresented that the property would generate $2.7 million in revenue annually. Yalamanchili foreclosed on the prior owner and had a plan to foreclose on plaintiff when plaintiff would be unable to generate sufficient income to pay the mortgage. On September ...

Excerpt: ...) wrongful termination in violation of public policy; (8) declaratory judgment; (9) failure to pay wages; (10) failure to pay minimum wages; (11) failure to pay overtime wages; (12) failure to provide meal and rest breaks; (13) failure to provide itemized wage statements; (14) waiting time penalties; and (15) failure to permit inspection of personnel and payroll record. On December 13, 2017, default was entered against defendants. Plaintiff now s...

Excerpt: ...nant of quiet enjoyment, (4) negligence, (5) violation of Civil <005a00490058004f000300 48005100570055005c0011[ On May 21, 2018, defendant filed this opposed motion for a protective order precluding Todd R. Howell—its counsel—from having his deposition taken. Defendant's counsel submitted a compliant meet and confer declaration. Kalioundji Decl. ¶¶ 4-11. The Court considered the moving, opposition, and reply papers and rules as follows. Sta...

Excerpt: ...001.60 plus interest, costs, and attorneys' fees for a total judgment of $449,148.83. Procedural Requirements <0047004800490048005100 00520003005300480051>ding motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 50 and a proposed form of judgment on the appropriate Judicial Council forms. Plaintiff's counsel signed a declaration of nonmilitary status. The complaint prays f...

Excerpt: ...nal misrepresentation. On May 10, 2018, defendant filed this opposed motion to strike allegations pertaining to settlement negotiations and the prayers (and related allegations) for punitive damages. Defendant's counsel filed a compliant meet and confer declaration. CCP § 435.5; Legittino Decl. ¶ 3. The Court considered the moving, opposition, and reply papers and rules as follows. Standard The court may, upon a motion, or at any time in its di...

Excerpt: ...prefers to receive such petitions on Judicial Council form ADR-106. Court's Authority to Confirm Arbitration Award The parties to arbitration may petition the court to confirm, correct, or vacate the award. CCP § 1285. A petition to confirm an award must be served and filed not later than four years after the date of service of a signed copy of the award on the petitioner. CCP § 1288. The petition must also set forth or attach (1) the agreement...

Excerpt: ...o run a title report and underwrite title insurance on certain real property. Plaintiffs allege that they acquired interests in over a dozen real properties (the KLA properties) in 2011 and 2012. Verified Complaint ¶ 13. Plaintiffs also acquired interests in two properties (the LA properties) in 2015 by a third party as partial payment for money owed by the third party to plaintiffs. Id. at ¶ 14. By late 2016, falling behind on payments for the...

Excerpt: ...e, (2) latent defect, (3) negligent repair, (4) National Electric Code sections 300.10, 300.12, 680, et seq., (5) Los Angeles Municipal Code sections 91.8104.7 and 91.804.8, et seq., (6) Los Angeles Electrical Code <0017000f00030044005100 0044004f0057004b0003[and Safety Code section 17920.3. On January 8, 2018, plaintiff substituted Charlotte Jones as trustee for Doe 1, Louise Tigner as trustee for Doe 2, and Marek Tigner as trustee for Doe 3. On...

Excerpt: ...al denial and 34 affirmative defenses. On March 22, 2018, plaintiffs filed this opposed demurrer to all 34 affirmative defenses for insufficient facts and uncertainty. Plaintiff's counsel filed a compliant meet and confer declaration. CCP § 430.41; Shomloo Decl. ¶¶ 2-4. The Court considered the moving, opposition, and reply papers and rules as follows. Demurrer to Answer Standard A party may demur to an answer on the grounds that the affirmati...

Excerpt: ...es in the amount of $10,860.00. Procedural Requirements On March 26, 2018, default was entered against defendants. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 5 on the appropriate Judicial Council form. It also includes a proposed form of judgment on the optional Judicial Council form. Plaintiff's counsel signed a declaration of nonmilitary status. On th...

Excerpt: ...endants in the principal amount of $75,650.00, plus costs and attorneys' fees for a total judgment of $78,487.50. Procedural Requirements On April 24, 2018, default was entered against defendants. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 10 on the appropriate Judicial Council form. It also includes a proposed form of judgment on the optional Judicial ...

Excerpt: ...d the deed of trust to Mortgage Electronic Registration Systems Inc., who eventually assigned it to HSBC Bank USA, National Association (HSBC.) RJN, Exhs. 2-3. A notice of default was recorded on the Subject Property on March 26, 2013. RJN, Exh. 4. A notice of trustee's sale was recorded on August 16, 2013, setting the foreclosure sale for September 10, 2013. RJN, Exh. 6. The sale was apparently postponed, and another notice of trustee's sale was...

Excerpt: ...ast a cursory manner about his cases if he faces ongoing illnesses (for example, by communicating that he is ill and perhaps providing a date that he will be responding to discovery and a clear extension date for a motion to compel.) As well, the Court notes that here the responses were due on April 9, 2018, and, focusing only on this specific time frame, counsel states that he was taken ill on April 5, given antibiotics, and “appeared to becom...

Excerpt: ...n April 2, 2018, the operative first amended complaint for (1) violation of Civil Code section 1942.4, (2) breach of the warranty of habitability, (3) private nuisance, (4) Business and Professions Code Section 17200, et seq., (5) negligence, and (6) breach of the covenant of quiet enjoyment. On February 15, 2018, the Court granted defendants' motion to strike punitive damages with leave to amend. On May 7, 2018, defendants filed this opposed mot...

Excerpt: ...intiff suffered a stroke, leaving him with permanent weakness on his left side and lymphedema in both legs. From October 6, 2015, to September 30, 2016, plaintiff depended on defendant for all medical care and treatment and protection from health and safety hazards. On July 26, 2016, plaintiff was recertified for care by defendant. He was 90-percent wheelchair-bound. From August through mid-late September, defendant's nurse noted a toe wound. On ...

Excerpt: ...r to any part. For example, defendants do not even answer No. 1 by providing the name of the person who answered the interrogatories. As well, defendants make no attempt to provide code‐compliant responses that properly certify <0128037f0003015d019000 01c70003015a010201c0Le. On the other hand, some of plaintiff's special interrogatories are in fact compound. The Court will rule separately on each special interrogatory. Defendants do not have to...

Excerpt: ...indicates that counsel served all the documents on both the client and defendant via its counsel. Counsel served the client by mail at her last known address and represented that she has been unable to confirm that the address is current; counsel represents that she has made attempts to contact plaintiff via phone, a “family friend,” and her “electronic service address” (presumably e-mail.) Therefore, service was proper. CRC, rule 3.1362(...

Excerpt: ...vember 29, 2017, default was entered against defendants. Plaintiff now seeks default judgment against defendants in the principal amount of $484,135.93 plus interests and costs for a total judgment of $553,318.23. Procedural Requirements On November 29, 2017, default was entered against defendants. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 50 on the ap...

Excerpt: ...vember 29, 2017, default was entered against defendants. Plaintiff now seeks default judgment against defendants in the principal amount of $484,135.93 plus interests and costs for a total judgment of $553,318.23. Procedural Requirements On November 29, 2017, default was entered against defendants. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 50 on the ap...

Excerpt: ...e can be available to discuss that day. He made efforts to discuss the issues with plaintiff's counsel on April 30, essentially stating that he has been available every day. Plaintiff's counsel responded merely with a <0003019a015a011e000301 0003> <0003019a017d0003012801 00030044010201c70003>9 motion‐‐seeking sanctions against defendant‐‐without actually attempting to confer after sending his April 25 letter. Plaintiff's counsel should no...

Excerpt: ...(2) failure to prevent sexual harassment, (3) discrimination on the basis of gender, (4) professional negligence, (5) breach of fiduciary duty, (6) negligent hiring, retention and/or supervision, and (7) intentional infliction of emotional distress. According to the complaint, plaintiff started receiving counseling services from USHS and Primm (an employee of USHS) in February 2016. Complaint ¶¶ 8-9. In March 2016, plaintiff began working for U...

Excerpt: ...ility discrimination, 3. Actual/perceived disability retaliation, 4. Violation of the California Family Rights Act, 5. Failure to engage in the mandatory good-faith interactive process, 6. Failure to accommodate, 7. Race/national origin harassment, 8. Race/national origin discrimination, 9. Race/national origin retaliation, 10. Actual/perceived sexual orientation harassment, 11. Actual/perceived sexual orientation discrimination, 12. Actual/perce...

Excerpt: ...e, (2) latent defect, (3) negligent repair, (4) National Electric Code sections 300.10, 300.12, 680, et seq., (5) Los Angeles Municipal Code sections 91.8104.7 and 91.804.8, et seq., (6) Los Angeles Electrical Code <0017000f00030044005100 0044004f0057004b0003[and Safety Code section 17920.3. On January 8, 2018, plaintiff substituted Charlotte Jones as trustee for Doe 1, Louise Tigner as trustee for Doe 2, and Marek Tigner as trustee for Doe 3. On...

Excerpt: ...atory was objected to without a substantive response, and many are objected to as (among other things) “vague ambiguous, and overbroad” although they are interrogatories that are routinely answered throughout the state. In dozens of pages of these discovery responses, it appears that there was no information actually produced (or very little information). These responses were obviously not a serious effort to respond to the discovery requests...

Excerpt: ... but refused to return the watch to Kaplan, instead purportedly selling the watch to Wong for an unknown sum. Grochowiak also failed to return other watches and accessories that Kaplan had entrusted to him. On September 27, 2016, Kaplan filed a complaint and on May 4, 2018, the operative third amended complaint for two counts of conversion, two counts of replevin, two counts of fraud, two counts of negligent misrepresentation, three counts of bre...

Excerpt: ...ed as potentially having testimony relevant to the case. This is certainly the case as to the particular witnesses identified in special interrogatories 4 and 5. Defendant need not provide contact information for all employees in a division merely because there is a speculative chance that they will have some information to offer. Given that defendant has provided some contact information at the time of the opposition, it is unclear to the Court ...

Excerpt: ...ffered a fracture and was admitted to <0015001300140019000f00 00480003005a00440056[ admitted to Kaiser West Los Angeles. Compliant ¶¶ 12-13. On July 19, 2016, Lackey was discharged to another facility for <004f005c00030015001c00 002f00440046004e0048[y was transferred to Beverly West Healthcare. Id. at ¶ 16. She died on August 14, 2016. Id. at ¶ 88. On November 13, 2017, plaintiffs filed a complaint for (1) elder abuse/neglect, (2) negligence/...

Excerpt: ...tal judgment of $108,023.66. Procedural Requirements On April 30, 2018, default was entered against defendants. No pending motion to vacate default appears in the record. The default judgment packet includes a dismissal of Does 1 through 10 on the appropriate Judicial Council form. Plaintiff's counsel signed a declaration of nonmilitary status. The complaint prays for the same amount requested as the principal default judgment amount. Plaintiff r...

Excerpt: ...ation of Civil Code section 1942.4, (3) breach of the warranty of habitability, (4) intentional infliction of emotional distress, (5) negligent maintenance of the premises, (6) violation of 42 U.S.C. section 4258, (7) nuisance, and (8) injunctive relief for abatement of nuisance. On March 1, 2018, plaintiffs filed a notice of settlement of the entire case. On May 9, 2018, plaintiffs filed these two unopposed petitions to approve minors' compromis...

Excerpt: ...age and hour law violations, defamation, and related claims. On November 3, 2017, Edgar, Regdalin Properties LLC, and PLG filed this opposed motion for protective order. These defendants seek a protective order precluding them from having to respond to certain special interrogatories and requests for production. Although these defendants initially sought for the order to apply to hundreds of special interrogatories and requests for production, th...

Excerpt: ...age and hour law violations, defamation, and related claims. On November 3, 2017, Edgar, Regdalin Properties LLC, and PLG filed this opposed motion for protective order. These defendants seek a protective order precluding them from having to respond to certain special interrogatories and requests for production. Although these defendants initially sought for the order to apply to hundreds of special interrogatories and requests for production, th...

Excerpt: ...o personal loans they made to Designing Health, as well as their deferred compensation.” Id. at ¶ 8. By the end of 2014, Designing Health owed plaintiff approximately $300,000. Id. at ¶ 10. Plaintiff alleges that defendants filed to file UCC-1 filings required to secure such debt and/or UCC-1 continuation statements. Id. at ¶ 12. On December 27, 2017, plaintiff filed a complaint and on April 6, 2018, the operative first amended complaint for...

Excerpt: ...ure to state whether the contract was written, oral, or implied by conduct. On April 19, 2018, defendants also filed this unopposed motion to strike punitive damages and attorneys' fees. Defendants' counsel filed compliant meet and confer declarations. Ayvazi Decl. (Demurrer) ¶¶ 3-5; Ayvazi Decl. (Motion to Strike) ¶¶ 3-5. On May 29, 2018, plaintiff filed a first amended complaint. So far as the Court can tell, other than omitting allegations...

Excerpt: ...rst amended complaint for (1) fraudulent conveyance and (2) fraudulent concealment. On May 2, 2018, defendant Butler Capital Corporation filed this opposed demurrer for insufficient facts and uncertainty. Defendant's counsel submitted a compliant meet and confer declaration. Tatone Decl. ¶¶ 2-4. The Court considered the moving, opposition, and reply papers and rules as follows. Failure to Tab Exhibits Defendant's counsel should note: “Each ex...

Excerpt: ...out the central issues in the case. The Court can see no reason why these are not discoverable. Defendants should have the ability to question plaintiffs about their survey responses. The right to privacy can hardly exist for persons who voluntarily answer a survey about facts at issue in adversary litigation in which they are actually plaintiffs. (Because the respondents are <015d011e01c10355000301 015d011e019000030190Lhould agree to a protectiv...

Excerpt: ...emurrer for insufficient facts and uncertainty. Defendant's counsel submitted a compliant meet and confer declaration. Gherini Decl. ¶ 4. The Court considered the moving, opposition, and reply papers and rules as follows. Plaintiff is self-represented. Self-represented litigants are held to the same standards that apply to licensed attorneys. Harding v. Collazo (1986) 177 Cal.App.3d 1044, 1056; Lombardi v. Citizens Nat'l Trust & Sav. Bank (1955)...

Excerpt: ...n states: “Khodayari is to recover his costs on appeal.” The June 30, 2017 remittutur also states: “Khodayari is to recover his costs on appeal.” The Court will assume in this ruling that plaintiff is entitled to costs on appeal. On March 15, 2018, the Court (Judge Raphael) granted defendants' motion to set aside plaintiff's memorandum of costs on appeal. On May 8, 2018, the Court denied plaintiff's motion for reconsideration of the motio...

Excerpt: ...ainst the complaint for insufficient facts and uncertainty. On April 2, 2018, defendant also filed this opposed motion to strike punitive damages from the complaint and monetary relief under the UCL cause of action. Defendant's counsel submitted a compliant meet and confer declaration. Holmes Decl. ¶¶ 9-10. The Court considered the moving, opposition, and reply papers and rules as follows. Demurrer Standard A demurrer tests the sufficiency of t...

Excerpt: ...018, defendant / cross-complainant (hereinafter defendant) filed this opposed motion for terminating sanctions or, in the alternative, evidentiary sanctions. The Court considered the moving, opposition, and reply papers and rules as follows. Standard Generally, the trial court may terminate a party's action as a sanction for discovery abuse “after considering the totality of the circumstances: [the] conduct of the party to determine if the ...

Excerpt: ...nt with a $44,000 cash out. On December 21, 2016, at Vartan and UniCitizens' office, plaintiffs were given a large number of papers, given no opportunity to read them, and coerced by Vartan to sign them immediately. Shortly after they executed the purported loan documents and unsuccessfully requested copies, plaintiffs discovered that the loan was actually for $90,000 not to refinance their first deed of trust, and that Adenheim was to receive $3...

Excerpt: ...e second page of the form complaint under “intentional tort” and “breach of implied covenant of good faith and fair dealings.”) On February 15, 2018, defendant filed this unopposed summary judgment motion. The Court considered the moving papers and rules as follows. Plaintiff is self-represented. Self-represented litigants are held to the same standards that apply to licensed attorneys. Harding v. Collazo (1986) 177 Cal.App.3d 1044, 1056;...

Excerpt: ...rself unprofessionally toward plaintiff. Plaintiff complained to human resources about the supervisor. The “hostile work environment” aggravated plaintiff's bipolar disorder, which was then unknown to defendant. Thus, plaintiff was forced to take medical leave. Defendant approved plaintiff's leave requests under FEHA and CFRA. Plaintiff was on leave from November 1, 2016 to February 8, 2017. While on leave, plaintiff heard that defendant woul...

Excerpt: ..., (2) latent defect, (3) negligent repair, (4) National Electric Code sections 300.10, 300.12, 680, et seq., (5) Los Angeles Municipal Code sections 91.8104.7 and 91.804.8, et seq., (6) Los Angeles Electrical Code <0017000f00030044005100 0044004f0057004b0003>and Safety Code section 17920.3. On January 8, 2018, plaintiff substituted Charlotte Jones as trustee for Doe 1, Louise Tigner as trustee for Doe 2, and Marek Tigner as trustee for Doe 3. On ...

Excerpt: ...ion for insufficient facts and uncertainty, unopposed motion to strike the prayer for attorneys' fees and costs, and unopposed motion to expunge lis pendens. Defendant's counsel filed a compliant meet and confer declaration. CCP § 430.41; Fabrizi Decl. ¶ 2. (Defendant's counsel should note the meet and confer requirement on motions to strike. CCP § 435.5. Under these unique circumstances, defendant satisfied the requirement.) The Court conside...

Excerpt: ...fered a fracture and was admitted to <0015001300140019000f00 00480003005a00440056[ admitted to Kaiser West Los Angeles. Compliant ¶¶ 12-13. On July 19, 2016, Lackey was discharged to another facility for <004f005c00030015001c00 002f00440046004e0048[y was transferred to Beverly West Healthcare. Id. at ¶ 16. She died on August 14, 2016. Id. at ¶ 88. On November 13, 2017, plaintiffs filed a complaint for (1) elder abuse/neglect, (2) negligence/p...

Excerpt: ...and suggesting Blue Shield as a source for it. (Plaintiff's separate statement includes only a request for production number 29 that seems to have a more general response following objections; the meet‐and‐confer correspondence focuses instead on requests 43 through 46 that more clearly state the response.) Given that defendant is not objecting to Blue Shield's disclosure of the documents, the Court cannot at this time find that defen...

Excerpt: ...matter concerning his property. Plaintiff unsuccessfully demanded a refund of legal fees paid. Defendants formally withdrew. Plaintiff was incarcerated for over a year. On June 22, 2010, plaintiff filed a complaint, on November 12, 2010, a first amended complaint, and on June 4, 2012, the operative second amended complaint asserting 17 causes of action. On August 20, 2012, the Court (Judge Khan) sustained without leave in part and overruled in pa...

Excerpt: ...se or repair was not cost‐effective. What is precluded is references to the increased cost of vehicles to consumers.) *** Plaintiff's Motion in Limine No. 3 is GRANTED. Under section 1793.2, defendant may not “disclaim the implied warranties guaranteed by this chapter. . . .” *** Plaintiff's Motion in Limine No. 4 is DENIED. If whether the repairs in this case were covered by warranty is disputed, the parties may offer evidence and argue th...

Excerpt: ... infliction of emotional distress. On August 28, 2017, plaintiff filed a first amended complaint for sexual battery; assault; negligence, negligent hiring, training, retention, and/or supervision of unfit employees; false imprisonment; intentional infliction of emotional distress; breach of mandatory statutory duties which proximately caused plaintiff's sexual assault and battery; breach of mandatory statutory duties which proximately caused plai...

Excerpt: ... any particular relief. Two allegations, for instance, concern food: (1)“Any food ordered by me is always messed with. On weekends they serve sandwiches but they give mayonese (sic) and musturd <011e00030102016f01c101 s (sic) inside the food” and also (2) “they had put some sort of purple liquid inside my families food.” There are allegations about nurses flirting with “my partner in front of my minor son”; putting someone “on the r...