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: ...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: ...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: ...�[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: ...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: ...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: ...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: ...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: ...) 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...