Excerpt: ...fendant filed this opposed demurrer and application to stay, arguing that the doctrine of “exclusive concurrent jurisdiction” applies because of another action filed against defendant in December 2017. Defendant's counsel submitted a compliant meet and confer declaration. Sorsher Decl. ¶¶ 2-3. The Court considered the moving, opposition, and reply papers and rules as follows. Request for Judicial Notice Defendant's request for judicial noti...

Excerpt: ....'lce in this State by way ofuTitten application upon due notice to all interested parties, as well as serace on the State Bar m San Francisco payment of a SSO_OO fee, so long as that attorney E not a resident of CalifomÄ does not work in California and does not perform regular or substantial business, professional or other achvihes in the State. The uritten application must provide the following information: (I) applicant attomey's residence an...

Excerpt: ...ermination 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 seeks default...

Excerpt: ...s. On November 14, 2017, plaintiff filed a complaint for fraudulent transfer. <0003004700480049004800 5100470044005100570011> Plaintiff now seeks default judgment against defendant in the principal amount of $70,715.50 plus costs for a total judgment of $71,401.50. Procedural Requirements <0003004700480049004800 00310052000300530048>nding motion to vacate default appears in the record. The default judgment packet includes a dismissal of Does 1 th...

Excerpt: ... whereby defendant would make various payments as child support. In July 1997, in consideration for plaintiff giving up her right to petition a court to amend the Written Agreement, the parties entered into a verbal agreement (Verbal Agreement) whereby defendant would, among other things, bequeath a home to Luigi and “leave something of significant value” to plaintiff upon defendant's death. The Verbal Agreement was amended in October 2006, b...

Excerpt: ...s claimed. Civic Western Corporation v. Zila Industries, Inc. (1977) 66 Cal.App.3d 1, 16. “Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is left to the agreement, express or implied, of the parties[.]” CCP § 1021. “It is well established that the determination of what constitutes reasonable attorney fees is committed to the discretion of the trial...

Excerpt: ...s collectively as Aurora or the Hospital.) Plaintiffs allege that they are members of a putative class of about 1,247 current and former nonexempt registered nurses, licensed vocational nurses, licensed psychiatric technicians, and mental health workers at defendants' psychiatric hospitals, who from August 6, 2005 to the present, were not provided overtime, meal and rest periods, waiting time penalties, or accurate itemized wage statements. 4/24/...

Excerpt: ...est, costs, and attorneys' fees for a total judgment of $30,913.99. Procedural Requirements <0048004900480051004700 00030053004800510047>ing motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 through 5 and a proposed form of judgment on the appropriate Judicial Council forms. Plaintiff's counsel signed a declaration of nonmilitary status. The complaint prays for an amount lower t...

Excerpt: ...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 $37,000 from ...

Excerpt: ..., (2) retaliation under Labor Code section 1102.5, (3) gender discrimination under FEHA, (4) violation of the California Fair Pay Act, (5) failure to engage in interactive process under FEHA, (6) failure to provide reasonable accommodation for disability under FEHA, (7) violation of the California Family Rights Act, and (8) wrongful termination in violation of public policy. On March 19, 2018, defendant filed these opposed motions for protective ...

Excerpt: ...). Complaint ¶ 13. Joel and Alma Govea own Amigo's Building Materials & Hardware, Inc. (Amigo's), a property immediately north of the Apartment Building, located at 6410 South Broadway (the Amigo Property). Id. at ¶¶ 16-17. Plaintiff alleges that the Amigo Property was formerly an oil and gas facility that released hazardous chemicals into the ground and that those chemicals have migrated under the Apartment Building. Id. at ¶ 17. On Septembe...

Excerpt: ...17, plaintiff dismissed the defamation cause of action and defendants Braun and Binder. On April 23, 2018, plaintiff filed this unopposed motion to for leave to file a first amended complaint. The Court considered the moving papers and rules as follows. Procedural Requirements A motion to amend a pleading before trial must (1) include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from pr...

Excerpt: ...ide accurate wage statements, (7) UCL violations, (8) reimbursement of business expenses, (9) unlawful deductions from wages, (10) conversion of gratuities, and (11) failure to pay all wages at time of discharge. Although defendants filed an answer on May 16, 2017, on April 10, 2018, the Court struck the answer and entered default against defendants. Plaintiffs now seek default judgment against defendants in the principal amount of $151,685.00, p...

Excerpt: ... – waiting time penalties, (6) failure to provide accurate wage statements, (7) UCL violations, (8) reimbursement of business expenses, (9) unlawful deductions from wages, (10) conversion of gratuities, and (11) failure to pay all wages at time of discharge. Although defendants filed an answer on May 16, 2017, on April 10, 2018, the Court struck the answer and entered default against defendants. Plaintiffs now seek default judgment against defe...

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 his last known address and represented that he has been unable to confirm that the address is current; counsel represents that he has made multiple attempts to contact plaintiff via phone and letter and that plaintiff's wife and emergency contact have been unable to locate or contact him. Therefore, servi...

Excerpt: ...rovide reasonable accommodation, (3) failure to engage in the interactive process, (4) failure to take all reasonable steps to prevent discrimination, (5) wrongful termination in violation of public policies, (6) failure to pay overtime compensation, (7) failure to provide off-duty meal periods, (8) failure to authorize and permit rest periods, and (9) waiting time penalties. On April 13, 2018, plaintiff filed this unopposed motion to change venu...

Excerpt: ...) violation of Labor Code sections 201 and 203, (7) failure to keep accurate records, (8) violation of Labor Code section 1198.5, (9) UCL violations, (10) violation of Government Code section 12940(a) – associational discrimination based on physical disability, (11) violation of Government Code section 12945.2 et seq., (12) failure to prevent discrimination and/or retaliation, (13) failure to engage in the interactive process, (14) unlawful ret...

Excerpt: ...e where High School and College students design and build remote controlled robots to face-off in competition.” Id. at ¶ 38. LAUSD entered a robot into the event that 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 operation, the robot began to discharge sm...

Excerpt: ...nds that could be used for children's education. On 03/25/2011, Plaintiff issued a check for $40,000 to defendant whereby defendant promised to set-up educational funds for the plaintiff's two children, Nathan Alegria and Miriam Alegria. The funds were to stay under the ownership of the parent, Elinore S. Alegria. A copy of cancelled check with a note on check – “FBO Nate & Mia Alegria” (for the benefit of) is annexed as Exhibit A. Plaintif...

Excerpt: ....A. Ibid. The DOT's beneficiary was Mortgage Electronic Registration Systems, Inc. (MERS). Ibid. On December 30, 2009, and May 16, 2011, MERS recorded a Corporation Assignment Deed of Trust, transferring all beneficial interest to defendant Bank of New York Mellon f/k/a the Bank of New York, as Trustee for the Certificateholders of CWALT, Inc. Alternative Loan Trust <00480055004c0048005600 0003000b002500320031[Y). Id. at ¶ 12. Sometime thereafte...

Excerpt: ...h of implied contract, (3) breach of the implied covenant of good faith and fair dealing, (4) violation of Labor Code sections 201 and 203, and (5) unfair competition. Following a two-phase court trial, on April 17, 2018, the Court granted judgment in favor of plaintiffs in the sum of $88,594.65. On April 24, 2018, plaintiffs filed this opposed motion to recover a total of $519,746.40 in fees and costs. The Court considered the moving, opposition...

Excerpt: ...operable windows and household appliances, deteriorated walls and ceilings, faulty pipes and electrical wiring, unsanitary flooring, unsafe common areas, and inadequate security. On August 1, 2013, plaintiffs commenced the first of two cases (Deolarte) in this action. On July 15, 2015, plaintiffs commenced the second (Aguilar). On August 12, 2015, Department 74 of the Court (Judge Sanchez-Gordon) deemed the two cases related. On August 3, 2016, D...

Excerpt: ...omplaint asserting 14 causes of action. On August 8, 2017, Ayala filed a cross-complaint, and on October 5, 2017, the operative first amended cross- complaint, for (1) intentional infliction of emotional distress, (2) breach of contract, (3) nuisance, (4) conspiracy to defraud, (5) slander, and (6) vandalism. On April 13, 2018, cross-defendant Stagnitta (hereinafter cross-defendant) filed this unopposed demurrer for insufficient facts. Cross-defe...

Excerpt: ...s. The Court intends to order the deposition to occur as noticed on May 16, 2018, unless counsel suggest another more convenient (and reasonably prompt) date at the hearing. Moving party to give notice. ...

Excerpt: ... Court (Judge Kalin) sustained Hoag and Nanci's demurrers without leave. On December 18, 2017, defendants filed and served a notice of ruling. On January 18, 2018, the Court (Judge Kalin) entered a formal order and judgment of dismissal in defendants' favor. On January 30, 2018, the Court denied plaintiff's motion for a new trial. On February 28, 2018, the Court denied plaintiff's motion to accept late-filed evidence. On March 12, 2018, the Court...

Excerpt: ...tric began. Defendants allegedly failed to install an operable solar power system and one that will pass inspection. On October 2, 2014, plaintiff filed a complaint and on April 22, 2016, the operative first amended complaint for (1) breach of contract (against Santillan and General Electric), (2) breach of contact (against Washington and Genesis), and (3) fraud (against all four defendants). On May 23, 2016, Washington and Genesis, both represen...

Excerpt: ...information that this occurred. Defendant to give notice. *** Defendant Sunset Equity Partners, LLC et al.'s motion to compel verified responses to requests for later acquired documents is GRANTED. CCP 2031.300(b). Verified responses are ordered by the discovery cutoff, as requested. Defendant to give notice. *** Defendant Sunset Equity Partners, LLC et al.'s motion to compel verified responses to requests for later acquired interrogatories is GR...

Excerpt: ...ntiff 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 S...

Excerpt: ...t, and on February 20, 2018, the operative first amended complaint, for (1) involuntary dissolution of Coastal LB Associates, LLC; (2) involuntary dissolution of Clary Associates, LLC; (3) involuntary dissolution of Obispo Associates, LLC; and (4) partition. On January 2, 2018, Department 1 of the Court ruled that this case was not related to an ongoing probate matter (16STPB00645). On March 22, 2018, defendants (other than Arlene Cheng) filed th...

Excerpt: ...o, Sr., trustor of the Guerrero Family Trust. Plaintiff Christopher Corrales, a grandson of Henry R. Guerrero, Sr., is the successor trustee of the Trust. The remaining plaintiffs are beneficiaries of the Trust. The factual background as alleged in the complaint is generally as follows: Henry Sr. created the Trust in 2004 primarily to allow his children and grandchildren reside at a house located on Opal Street in Los Angeles (the Opal Street Res...

Excerpt: ...ng, the demanding party waives any right to compel a further response to the demand." The Court of Appeal has held that "the time within which to make a motion to compel production of documents is mandatory and jurisdictional" just as it is for interrogatories. Sexton v. Superior Court, 58 Cal.App.4th 1403, 1410 (1997) (issuing writ of mandate ordering trial court to deny untimely motion to compel further responses). Here, the respons...

Excerpt: ...ember 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 app...

Excerpt: ...counsel. On March 27, 2018, plaintiff dismissed Drew with prejudice. <0056004800470003005000 00030047004c00560054[ualify Loeb and moved to seal certain documents filed with the disqualification motion. Motion to Seal Greenfield moves to seal certain un-redacted versions of documents it filed as Exhibits A, B, C, D, E, G, H, I, J, O, and P in support of its disqualification motion. Kandeel does not actually oppose the motion to seal. Instead, he a...

Excerpt: ...y papers and rules as follows. The parties should avoid revealing bank account numbers in their filings. CRC, rule 1.201(a)(2). Motion to Quash Standard When a subpoena requires the attendance of a witness or the production of books, documents or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by the party, the witness, or any consumer described in Code of ...

Excerpt: ...s pertaining to two real property loans (one originating with Center Street and the other with the Kwiats) was forged without his knowledge. The documents are, two each, a promissory note, written guaranty, and deed of trust. Plaintiff also alleges that he received no funds or other consideration in connection with the documents. Procedural History On September 19, 2017, plaintiff filed a complaint for (1) cancellation of promissory note, (2) can...

Excerpt: ...lth issued notices, orders, and citations against defendants for, inter alia, dysfunctional plumbing, dampness, and insect and vermin infestations. On October 12, 2016, plaintiffs filed a complaint for (1) violation of Civil Code section 1942.4, (2) tortuous breach of the warranty of habitability, (3) private nuisance, (4) violation of Business and Professions Code section 17200, and (5) negligence. On March 29, 2018, plaintiffs filed a notice of...

Excerpt: ...et‐and‐confer process; and a premature filing of this motion before a date when further responses from plaintiff were <0102016f016f01c7000301 0003011a0102019a011e>), with an extension to file this motion provided by plaintiff. Defendants' April 5, 2018 motion states the following account of the meet‐and‐confer process, which is critically incomplete: “Plaintiff's Counsel responded in a letter dated March 13, 2018 promising supplemental ...

Excerpt: ...the purchase and sever her joint tenancy ownership interest after the purchase was completed. Defendant reiterated her agreement, but no formal steps were taken. On January 3, 2016, husband died. In April 2016, plaintiff requested defendant execute appropriate documents to sever the joint tenancy but defendant refused. Plaintiff and her husband paid the mortgage, insurance premiums, and property taxes. There is no allegation of a particular damag...

Excerpt: ...ealth issued notices, orders, and citations against defendants for, inter alia, dysfunctional plumbing, dampness, and insect and vermin infestations. On October 12, 2016, plaintiffs filed a complaint for (1) violation of Civil Code section 1942.4, (2) tortuous breach of the warranty of habitability, (3) private nuisance, (4) violation of Business and Professions Code section 17200, and (5) negligence. On March 29, 2018, plaintiffs filed a notice ...

Excerpt: ...n June 13, 2017, plaintiff filed a complaint asserting 14 causes of action. On November 1, 2017, Advanced filed a demurrer to the sixth cause of action for IIED and a motion to strike the prayer for punitive damages and related allegations. On January 11, 2018, this Court (Judge Kalin) sustained the demurrer, granted the motion to strike, and allowed plaintiff to file an amended complaint. On February 1, 2018, plaintiff filed the operative first ...

Excerpt: ...nt services such as installation of a solar power system, re-roofing of garage, sewer installation, and construction of guest house. The services were to be financed with loans through the PACE and HERO program with Renovate America and YGrene Energy. Plaintiffs allege that Best Solar and its employees made misrepresentations about funding for the services, performed services without a license, and related claims. On October 30, 2017, plaintiffs ...

Excerpt: ...LLC (“Ridec”), Advanced Funding Solutions, Inc. (“AFS”), and FCI Lender Services Inc. (“FCI”). 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) Finanical Elder Abuse, 2) Constructive Fraud; 3...

Excerpt: ...just enrichment, (8) quantum meruit, (9) negligent misrepresentations, and (10) declaratory relief. On March 19, 2018, Beats and Apple (collectively, Beats) filed this unopposed anti-SLAPP motion. The Court considered the moving and reply papers, and rules as follows. (The reply correctly states that the motion is unopposed. Around the time it completed work on the tentative ruling, the Court received a late-filed “objection” by plaintiff, fi...

Excerpt: ...ssness, loss of sleep, nightmares, and stress,” along with an increase in physical ailments during her employment. On March 23, 2018, plaintiff filed this opposed motion to quash four subpoenas duces tecum issued to her health care providers. Motion to Quash Standard When a subpoena requires the attendance of a witness or the production of books, documents or other things before a court, or at the trial of an issue therein, or at the taking of ...

Excerpt: ..., and Grochowiak failed to sell the watch by the date certain 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 February 14, 2017, the operative first amended complaint for two counts of conversion, two counts of replevin, two counts of f...

Excerpt: ...l Code section 71, which prohibits lease terms in excess of 99 years. On January 25, 2018, plaintiff filed a complaint for (1) declaratory relief and cancellation of written instrument, (2) declaratory relief and cancellation of written instrument, and (3) quiet title. On March 27, 2018, defendant filed this opposed demurrer for insufficient facts. Defendant's counsel filed a compliant meet and confer declaration. CCP § 430.41; Murphy Decl. ¶ 2...

Excerpt: ...ed behavioral issues in school including struggling to follow classroom rules, getting along with peers, regulating his emotions, and handling authority figures. Plaintiff's teacher and parent reported plaintiff's behavioral issues. By January 2014, plaintiff had received 14 days' suspension instead of accommodations or behavioral support. Instead of officially suspending plaintiff, school staff routinely called plaintiff's mother, averaging four...

Excerpt: ...ch 23, 2015, default was entered against Salz. On March 15, 2017, the Court ordered the property sold by a receiver and issued related orders. At an overbid hearing, the property sold for $1,101,448.50. On April 11, 2018, the Court entered an interlocutory judgment of partition by sale, including apportionment of certain costs. On March 27, 2018, the receiver filed this unopposed motion for an order approving the receiver's final report and accou...

Excerpt: ...termination in violation of public policy, (2) slander (against Talamantez), (3) slander (against Monroe), and (4) civil conspiracy. On March 19, 2018, defendants filed this opposed motion for judgment on the pleadings as to the purported fourth cause of action. The Court considered the moving, opposition, and reply papers, and rules as follows. Motion for Judgement on the Pleadings Standard A defendant may file a motion for judgment on the plead...

Excerpt: ...and on April 10, 2018, the operative first amended complaint asserting 22 causes of action for various FEHA violations, whistleblower retaliation, wrongful termination, wage and hour law violations, breach of contract, fraud, infliction of emotional distress, interference, and unfair competition. On March 9, 2018, defendants filed this opposed motion to disqualify plaintiff's counsel, Nicholas Allis of Law Offices of Nicholas R. Allis and James E...

Excerpt: ...t only as to whether it must be produced under discovery standards. The Court understands that the setting of a reserve amount is necessarily an admission of liability, and thus it is easy to construct a situation where a reserve amount would not be relevant at trial, where it would be tantamount to speculative evidence, or where it would be unfairly prejudicial at trial. Nevertheless, California case law supports the production of reserves infor...

Excerpt: ...ts <0048005100570003005700 00560053004c00570044[l complaining of high fever and shaking. On July 25 and 26, 2014, several tests including a CT scan were conducted, which revealed a digestive tract blockage, focal mass in plaintiff's liver's left lobe with uncertain etiology, and splenosis or spleen tissue in plaintiff's abdomen. Radiology reports indicated the possibly that the liver lesion resulted from the splenosis. In 1968, plaintiff was inju...

Excerpt: ...aintiff 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: ...ember 23, 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 Sep...

Excerpt: ...s, and physically attacked him. On November 14, 2017, plaintiff filed a complaint and on January 3, 2018, the operative first amended complaint for (1) battery, (2) intentional infliction of emotional distress, (3) negligence, (4) intentional misrepresentation, (5) negligent misrepresentation, (6) concealment, (7) breach of fiduciary duty, (8) abuse of control, (9) corporate waste, (10) breach of contract, (11) common count: goods and services re...

Excerpt: ...er 25, 2017, the Court (Judge Oldendorf) denied it without prejudice on numerous grounds: plaintiff again failed to tab its exhibits despite having been admonished over a year ago; plaintiff provided insufficient information for the Court to perform a required lodestar analysis; attorney Friedman's rate was plainly excessive; there was no competent evidence of fees incurred by the Scali firm; no part of plaintiff's papers identified the total num...

Excerpt: ...ract, (2) breach of fiduciary duty, and (3) accounting. The first round of defendant's default occurred in 2016. On February 22, 2016, default was <000f00030057004b004800 00510057004800550048[d default judgment against defendant. On August 22, 2016, the Court granted defendant's ex parte application to set aside default judgment. On October 17, 2016, the Court denied plaintiff's motion for reconsideration of the order setting aside the default ju...

Excerpt: ... defendants filed a cross-complaint for indemnity against Hydrouip Pump and Dewatering Corp, and Paymon Pojhan. On October 23, 2017, plaintiffs substituted Padilla's Company, Inc. for Doe 1. On December 18, 2017, the Court (Judge Kalin) granted plaintiffs' motion for leave to file a first amended complaint. On December 19, 2017, plaintiffs filed the operative first amended complaint for (1) trespass, (2) nuisance, (3) negligence, and (4) strict l...

Excerpt: ...ce and invoking their rights to a clean and safe home by refusing to accept rent and attempting to evict them. Individual defendants Donel and Kohansameh are owners, officers, or such of corporate defendant Sunset Equity. On January 17, 2014, plaintiffs filed a complaint and on November 20, 2014, the operative first amended complaint for (1) Landlord Retaliation in Violation of Civil Code section 1942.5, (2) Contractual Breach of the Warranty of ...

Excerpt: ...d them for four years and that the other defendants failed to prevent or adequately respond. Alvarez alleges that Patino pulled her bra strap, touched her upper leg, touched her upper thigh pretextually to retrieve a piece of scrap paper, and gave her unwanted hugs. Ciorlieri alleges that she saw Patino take photos “up the skirts” of female bookstore patrons, referred to sexual ejaculation, imitated a vagina with his lips, gave her inappropri...

Excerpt: ... 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) 137 Cal.App.2d 206, 208-209 (stating that self-represented litigants are “restricted to the same rules of evidence and procedure as is required of those qualified to practice law before our courts.”) Analy...

Excerpt: ...tions that it was plaintiffs that breached the indemnity agreement and that their attorney in the underlying lawsuit (Rothstein) failed to disclose a conflict of interest. Plaintiffs' Allegations Plaintiffs alleges that on March 4, 2013, they agreed in writing to defend and indemnify Beach Business Bank in litigation pending in Riverside County, Case No. RIC1301304. Beach subsequently merged with Banc of California, Inc. Plaintiffs paid attorneys...

Excerpt: ...fiduciary duty, fraud, and misappropriation. On January 25, 2017, Plotkin substituted Ricardo Guizar for Doe 1. Also on January 25, 2017, Papanikolaou, individually, filed a cross-complaint against Plotkin for breach of contract, assault and battery, and conversion. On May 23, 2017, plaintiff, after two unsuccessful attempts, obtained default against Twilight Cinema, Inc., Santa Monica Postal Place, Inc. (as a corporation), and Santa Monica Posta...

Excerpt: ... 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) 137 Cal.App.2d 206, 208-209 (stating that self-represented litigants are “restricted to the same rules of evidence and procedure as is required of those qualified to practice law before our courts.”) Analy...

Excerpt: ... records that were used to support the filing of false insurance claims to Allstate. On October 28, 2013, Allstate filed a complaint asserting a sole cause of action for unfair competition. On June 10, 2014, the Court (Judge Duffy-Lewis) entered an order of dismissal after sustaining defendants' demurrer without leave. The Court of Appeal reversed. On April 8, 2016, Allstatefiled the operative first amended complaint also asserting a sole cause o...

Excerpt: ...ms. Plaintiffs allege that on August 1, 2011, the parties entered into a music management agreement. Plaintiffs were to receive 50 percent of Perlman's commissions. Plaintiffs promoted Sabrina, obtained a record deal, and secured her a television role. On August 6, 2014, plaintiffs' services were terminated without cause. The same day, the parties entered into a termination and release agreement. Defendants were to pay plaintiffs commissions on t...

Excerpt: ...equirements. The notice of motion and motion, declarations, and proposed order are on the appropriate Judicial Council forms and addressed to the client. CRC, rule 3.1362(a), (c), (e). The attached proofs of service state that counsel served all the documents on the client via U.S. mail and personally, and on defendants via U.S. mail. Counsel's declaration states that counsel personally served the client. Therefore, service was proper. CRC, rule ...

Excerpt: ...t $168 per hour, plus the $60 filing fee (which was not requested but sanctions were noticed for a higher total amount). Thus, the Court ORDERS sanctions of $312 paid by plaintiffs to defendants within 21 days. Defendants' motions to compel verified responses to form interrogatories, special interrogatories, and requests for production of documents are each GRANTED. Responses are ordered within 14 days. On each of the three motions, the Court imp...

Excerpt: ...1793.2, subdivision (b), (3) violation of Civil Code section 1793.2, subdivision (a)(3), (4) breach of express written warranty, (5) breach of implied warranty of merchantability, (6) violation of the Magnuson-Moss Warranty Act, and (7) fraud by omission. On February 14, 2018, defendant filed this opposed demurrer to the seventh cause of action for insufficient facts and uncertainty, and motion to strike the prayer for punitive damages. Defendant...

Excerpt: ...0 on the first cause of action and dismissing with prejudice the second cause of action. In August 2017, the parties entered into a settlement agreement providing that the parties are to arbitrate the issue of coverage under the policy for the claimed losses if the Court of Appeal finds that the judgment is not appealable for any reason. Miglietta Decl. ¶ 6, Exh. 1, Settlement ¶ 2. On January 25, 2018, the Court of Appeal dismissed defendant's ...

Excerpt: ... employment actions in violation of public policy, (2) intentional infliction of emotional distress, (3) negligent hiring and retention, and (4) violation of Business and Professions Code section 17200. On February 22, 2018, plaintiff filed this unopposed motion to quash two deposition subpoenas, one served on Foothill Presbyterian Hospital, the other, Tenent Healthcare. Plaintiff does not request sanctions. The Court considered the moving papers...

Excerpt: ... him in his janitorial duties, which they did. Subsequently, Bucaro was arrested and convicted. On March 3, 2016, plaintiff filed a complaint, on June 7, 2016, a first amended complaint, and on August 8, 2016, the operative second amended complaint for (1) sexual assault and battery (against Bucaro), (2) negligence (against Challengers), (3) negligent hiring (against Challengers), (4) negligent supervision (against Challengers), and (5) negligent...

Excerpt: ...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, defendants filed this opposed motion to strike the prayer for punitive damages and related allegations. (Defendants direct their motion to a purported first amended complaint, but only an initia...

Excerpt: ... of covenant of quiet enjoyment, (3) negligent and intentional infliction of emotional and mental distress, (4) nuisance, (5) negligence, (6) declaratory relief, and (7) injunctive relief. On November 30, 2016, plaintiffs substituted Arbor Vitae for Doe 1. On June 9, 2017, plaintiffs Ernesto Arangoa and Abril Torres dismissed their claims. On November 3, 2017, Mabry filed a notice of settlement of entire case, stating that a request for dismissal...

Excerpt: ...r all hours worked. On January 12, 2018, plaintiff filed this opposed motion for leave to amend to add a fifth cause of action under Labor Code section 1198.5 for failure to provide employee records. The Court considered the moving, opposition, and reply papers, and rules as follows. Procedural Requirements A motion to amend a pleading before trial must (1) include a copy of the proposed amendment or amended pleading, which must be serially numbe...

Excerpt: ...based on allegations that Prime improperly and untimely filed payroll taxes in Partnership's name, causing Partnership to incur late charges. Allegations Prime alleges that on June 6, 2016, it entered into a written agreement whereby it would provide payroll services to Partnership in exchange for money. On April 30, 2017, the parties terminated the agreement. On May 5, 2017, Prime learned that Robledo sent a written “Request for Loss History /...

Excerpt: ...public policy, (2) failure to pay overtime, (3) failure to provide meal and rest periods, (4) failure to pay wages, (5) failure to compensate, (6) unfair business practices, (7) whistleblower retaliation, and (8) intentional infliction of emotional distress. On January 31, 2018, USC filed this opposed motion to compel arbitration. (USC styles the procedure as a petition, but it is actually a motion because this case was commenced by complaint.) O...

Excerpt: ... (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) reckless infliction of severe emotional distress, and (4) violation of Business and Professions Code sections 17500 and 17200. On July 24, 2017, an application and order appointing Lawrence as plaintiff's guardian ad litem was filed. On March 15, 2018, plaintiff filed this petition to approve minor's compromise. The Court considered the petition and ru...

Excerpt: ..., default was entered against defendant. Plaintiffs now seek default judgment in the principal amount of $317,127.74. The Court reviewed plaintiff's default judgment package and rules as follows. Procedural Requirements On December 15, 2017, default was entered against defendant. No pending motion to vacate default appears in the record. The default judgment packet includes a request for dismissal of Does 1 to 20. It includes a proposed form of j...

Excerpt: ...at their home. ESP subcontracted the installation to Brothers. Hamilton agreed to insure plaintiffs as additional insureds under a $1 million commercial general liability insurance policy effective January 1, 2017 through January 1, 2018. On July 27, 2017, plaintiffs' real property sustained damage during the installation. Plaintiffs notified defendants, submitted a claim, and demanded payment for repairs. The insurance policy covered the damage....

Excerpt: ...ant of preference, with at most a 15‐day continuance available. Defendant Jason Earl Rubin was defaulted in December 2017, but this Court granted his motion to set aside the default on February 21, 2018. Central to the Court's determination was that it would be holding trial in this matter promptly on March 19, 2018. Defendant's counsel represented: “Defendant is prepared to conduct trial pursuant to CCP Section 36.” (February 13, 2018, Rep...

Excerpt: ...ant of preference, with at most a 15‐day continuance available. Defendant Jason Earl Rubin was defaulted in December 2017, but this Court granted his motion to set aside the default on February 21, 2018. Central to the Court's determination was that it would be holding trial in this matter promptly on March 19, 2018. Defendant's counsel represented: “Defendant is prepared to conduct trial pursuant to CCP Section 36.” (February 13, 2018, Rep...

Excerpt: ...th <011e00030190019a018c01 01890189017d018c019aLs withdrawal, at least insofar as it supports the asserted complete breakdown of the attorney‐client relationship. The Court sets an Order to Show Cause Regarding Representation of these defendants for April 16, 2018, at 8:30 a.m. If new counsel has substituted in by that date, the hearing will go off calendar. Upon non‐appearance of these defendants, the individuals will be self‐represented <...

Excerpt: ...ectric began. Defendants failed to install an operable solar power system and one that will pass inspection. On October 2, 2014, plaintiff filed a complaint and on April 22, 2016, the operative first amended complaint for (1) breach of contract (against Santillan and General Electric), (2) breach of contact (against Washington and Genesis), and (3) fraud (against all four defendants). On May 23, 2016, Washington and Genesis, both represented by W...

Excerpt: ...laim for punitive damages and the Doe defendants, obtained entry of default against the two named defendants, and submitted an initial default judgment package seeking only injunctive relief and recovery of costs (initial filing fee only). <003200510003002d00440051005800440055005c0003001c000f0003001500130014001b000f00030057004b00480003002600520058005500570003000b002d00580047004a00480003002e0044004f004c0051000c0003004700480046004f004c005100 480047...

Excerpt: ...tur states: “The parties are to bear their own costs on appeal.” However, the Court of Appeal's April 25, 2017, opinion states: “Khodayari is to recover his costs on appeal.” The Court will assume in this ruling that plaintiff is entitled to costs on appeal. The Court OVERRULES defendants' objection to plaintiff's opposition. Defendants have been able to respond to the opposition, though late‐filed and improperly served. After a close r...

Excerpt: ...impose ex <016f016f0003015d012800 01750102018c01c70003Ljudgment motion turns out to be without merit. The Court sees insufficient reason to depart from the normal practice here. Clinton's co‐defendants prevailed on their anti‐SLAPP motions due to the second <01280003017501b5019001 019a018c0102019a011eL a probability of success. This is a case‐specific analysis, and it also (as here) may be plaintiff‐specific, and defendant‐specific. A <...

Excerpt: ...ruary 20, 2018, order granting defendants' petition (Judge Raphael) does not carve out as nonarbitrable any claims. There was no motion for reconsideration filed. The Court does not have authority to reconsider the January 23, 2018, ruling by Judge Kalin. The January 23 minute order does state that, following the hearing and the departure of defendant's counsel, plaintiff's counsel informed the Court in an ex parte communication that the gran...

Excerpt: ...t Equity. On January 17, 2014, plaintiffs filed a complaint for (1) Landlord Retaliation in Violation of Civil Code section 1942.5, (2) Contractual Breach of the Warranty of Habitability, (3) Tortious Breach of the Warranty of Habitability, (4) Negligent Violation of Statutory Duty to Maintain Habitable Conditions, (5) Negligence, and (6) Violation of Business and Professions Code section 17200. On November 2014, plaintiffs filed amended complain...

Excerpt: ...ng to proof for her vehicle and a two-time civil penalty. On November 27, 2017, the Court ordered defendant to produce supplemental responses to Plaintiff's Request for Production of Documents, Set One, Nos. 10, 16, 23, 31, 48, 57, 58, 65- 67 (the “Discovery Order”). (Panchal Decl. Exh. 1.) Afterwards, defendant served plaintiff a CCP § 998 Offer to Compromise in lieu of producing the documents from the Discovery Order. In order to examine t...

Excerpt: ..., default was <0048004900440058004f00 00570048005500480047> against Salz. On April 16, 2015, plaintiff filed a notice of automatic stay caused by a filing in another court. On January 7, 2016, Kelly filed a notice of termination of stay, indicating that the Bankruptcy Court for the Southern District of Texas lifted the automatic stay. On January 22, 2016, Kelly filed a notice of stay caused by Rashad's filing for bankruptcy in the Bankruptcy Cour...

Excerpt: ... violation, (2) unfair competition, (3) fraudulent misrepresentation, (4) negligent misrepresentation, and (5) Song- Beverly Consumer Warranty Act violation. On January 25, 2018, Hyundai filed this opposed demurrer for insufficient facts and uncertainty, and this unopposed motion to strike the prayer for punitive damages and related allegations. Defendant's counsel submitted a compliant meet and confer declaration. CCP § 430.41; Tahsildoost Decl...

Excerpt: ...rties. On June 13, 2017, plaintiff filed a complaint asserting 14 causes of action. On January 19, 2017, plaintiff filed these opposed motions to quash deposition subpoenas served on his subsequent employers, third parties Spectrum King LED and Growcetnia, Inc. Neither side requests sanctions. The Court considered the moving and opposition papers, and rules as follows. Motion to Quash Standard When a subpoena requires the attendance of a witness ...

Excerpt: ...and Michael Lee sue the same defendants asserting the same wage and hour law violations arising from the same employment relationship. On January 31, 2018, defendants' counsel, Jason J. Kim of Law Offices of Kim, Au & Associates, filed these three virtually identical unopposed motions to be relieved as counsel. The Court considered the moving papers and rules as follows. Analysis The motions satisfy the procedural requirements. The notices of mot...

Excerpt: ...K's CEO and CFO) for wage and hour law violations, defamation, and related claims. SBK's Allegations SBK alleges that it is an investment company that invests in, among other things, aircrafts and real property. From December 2013 to July 2016, Sargsyan was plaintiff's president. On September 30, 2015, Sargsyan formed Regdalin Aviation without informing SBK and remains Regdalin's managing member. Sargsyan received business opportunities that he i...

Excerpt: ...and Michael Lee sue the same defendants asserting the same wage and hour law violations arising from the same employment relationship. On January 31, 2018, defendants' counsel, Jason J. Kim of Law Offices of Kim, Au & Associates, filed these three virtually identical unopposed motions to be relieved as counsel. The Court considered the moving papers and rules as follows. Analysis The motions satisfy the procedural requirements. The notices of mot...

Excerpt: ... of judicial resources if heard by different judges.” CRC, rule 3.300(a)(1)-(4). Defendant Fakheri identifies the first, second, and fourth factors as applicable. Defendant filed a notice of related case as to (1) LASC Case No. BC685560, which is pending in the Stanley Mosk Courthouse, Department 34, Judge Linfield presiding, and (2) LASC Case No. BC659534, which is pending in the Stanley Mosk Courthouse, Department 47, Judge Hammock presiding....

Excerpt: ... count: open book account, (4) breach of oral joint venture agreement (Mia-Ethio), (5) declaratory relief, (6) breach of fiduciary duty, and (7) conversion. Kidane sues Michael Drake, Janice Drake, Hal Sandler, Linda Sandler, Phillip Richard Schmidt, Larry Henson, Antonio L. Quinto, Mida Industries, Mida Automotive, Inc., Richco, Inc., RS Global Consulting, LLC for damages, constructive trust, injunctions, civil penalties, and other relief based ...

Excerpt: ...tory and nine document requests at issue. Plaintiff responded with an objection that discovery had closed. Special interrogatory No. 1 asks the plaintiff to identify her former employers since November 2014 and answer a dozen questions about them, including title, location, compensation, and other questions. The nine requests for production seek documents about her employment, performance, and compensation. The Court is not convinced by plaintiff...

Excerpt: ...ful termination, FEHA claims, assault, battery, and related claims. On September 20, 2016, Vilchis filed an answer. On August 15, 2017, plaintiff dismissed her claim for punitive damages against Global. On September 26, 2017, default was entered against Global. At the January 26, 2018 FSC, the Court (Judge Kalin) struck Vilchis' answer and entered his default. Plaintiff now seeks default judgments defendants. The Court reviewed plaintiff's defaul...