Excerpt: ...ntered on June 22, 2022 on the basis that the Judgment is incorrect based on this Court's procedurally improper consideration of Specialty Baking, Inc.'s JNOV Motion while trial was still (then) pending on a number of cross-claims. The Court notes that Kohanbash did not argue that Specialty Baking's JNOV Motion was premature in Opposition to the JNOV Motion or at the hearing on the JNOV Motion. This argument is being raised for the first time in ...

Excerpt: ...n for New Trial is CONTINUED to Tuesday, August 23, 2022 at 1:30 p.m. in Dept. SE-D. Moving Party to give Notice. Motion to Vacate Judgment Kohanbash moves to vacate the Judgment entered on June 22, 2022 on the basis that the Judgment is incorrect based on this Court's procedurally improper consideration of Specialty Baking, Inc.'s JNOV Motion while trial was still (then) pending on a number of cross-claims. “A judgment or decree, when based up...

Excerpt: ...ained in a manner that violates any provisions of this part, the building standards published in the State Building Standards Code relating to the provisions of this part, any other rule or regulation adopted pursuant to the provisions of this part, or any provision in a local ordinance that is similar to a provision in this part, and the violations are so extensive and of such a nature that the health and safety of residents or the public is sub...

Excerpt: ...operty dispute between two adjoining land owners. Defendant / Cross-Complainant Rosalba Avalos owns real property located at 7523 Muller Street, Downey California. Plaintiff / Cross-Defendant Ruben Dominguez owns the adjoining property located at 7531 Muller Street, Downey California. The property in dispute is strip of land that is approximately 3 feet wide by 120 feet long that is located within Avalos's property boundary line, and which border...

Excerpt: ...TIARY RULINGS Alcala's Objection Nos. 5-8 are overruled. PLEADING Plaintiff Armando Alcala alleges that on June 21, 2018, Plaintiff was hired to clean solar panels on the roof of a warehouse. While performing the work, Plaintiff fell down through one of the skylights, which was a dangerous condition for lack of guiderails, warnings, or other mandatory safety precautions. Based thereon, Plaintiff asserts causes of action for: 1. Premises Liability...

Excerpt: ...of of service, the Court will nevertheless consider the Opposition. Given the arguments raised in Reply, there is ultimately no prejudice to Defendant caused by the late-served/never-served Opposition. “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny ...

Excerpt: ... coverage action was filed by Plaintiffs KITCHEN GALLERY and VILLA MADRID, LLC (“Plaintiffs”) on December 10, 2020. On April 13, 2021, the operative First Amended Complaint (“FAC”) was filed. Plaintiffs are judgment creditors seeking recovery against the insurers of the judgment debtor for acts by the insureds under Ins. Code §11580. In June of 2018, the building owner, VILLA MADRID (“VM”), and the general contractor for the construc...

Excerpt: ...ice, the Court will nevertheless consider the Opposition. Given the arguments raised in Reply, there is ultimately no prejudice to Defendant caused by the late-served/never-served Opposition. “If it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion...

Excerpt: ...$137,770 pursuant to the Subject Lease Agreement (“Lease”) under Cal. Civ. Code §1717. Absent a statutory or contractual right to an award of fees in favor of a litigant, California follows the “American Rule,” under which each party to a lawsuit ordinarily must pay his or her own attorney fees. (CCP §1021; Musaelian v. Adams (2009) 45 Cal.4th 512, 516.) In order to prevail on a motion for attorney's fees, the moving party must establis...

Excerpt: ...ligence, Breach of Fiduciary Duty, Breach of Contract, and Breach of Implied Covenant of Good Faith and Fair Dealing. On November 18, 2020, the Court granted Plaintiff's request for preliminary injunction enjoining Defendant Lakewood Village Townhomes H.O.A (“Defendant”) from foreclosing on Plaintiff's property. On November 2, 2021, the Court, on Defendant's demurrer and motion to strike, struck the cause of action for Wrongful Foreclosure an...

Excerpt: ...oppel, (3) intentional misrepresentation, (4) negligent misrepresentation, (5) general negligence, (6) unfair business practices, (7) products liability against Defendants Yat Imports, Inc. (“Yat”) and Lion Tools, LLC (“Lion”). The Complaint alleges in relevant part as follows. Plaintiff received a large purchase order from a customer (“Customer”) for N95 masks (“Order”). (Compl., ¶ 7.) To fulfill the Order, Plaintiff purchased t...

Excerpt: ..., Inc. and Artashes Yepremyan (“Tenant Defendants”) entered into a lease agreement, whereby the Tenant Defendants agreed to lease the premises at 14200 Telegraph Road, Whittier, CA 90604 (“subject property”) with the intent to operate a gas station on the premises. The lease was for an initial term of 10 years with two additional five-year option terms. Plaintiff Anabi Oil Corporation (“Plaintiff”) entered into an agreement with iFuel...

Excerpt: ...arta Carnesi (“Plaintiff”) filed her First Amended Complaint (“FAC”) on June 22, 2021, alleging a single cause of action under the Private Attorney General Act (“PAGA”) against Plaintiff's former employer, Defendant L'Abri Management, Inc. (“Defendant”). Defendant files this Motion to Strike Portions of Plaintiff's FAC, specifically, assertions of entitlement to interest and attorney fees and costs under Labor Code section 218.5. ...

Excerpt: ...of Whittier's motion to compel further responses to special interrogatories, set three is GRANTED. Plaintiff is ordered to serve further responses within 15 days. Reduced sanctions are imposed against Plaintiff and counsel, jointly and severally, in the sum of $1,000.00 payable within 30 days. III. City of Whittier's motion to compel further responses to request for production of documents, set three is GRANTED. Plaintiff is ordered to serve furt...

Excerpt: ...��Moving Defendants”) now move for a 90 day continuance of the trial date. Trial is currently set for December 22, 2021. There is a Motion to be Relieved as Counsel as to Defendant Christopher Tindall and a Motion to be Relieved as Counsel as to Defendant Frances Rodriguez set for hearing on January 5, 2022 There is a Motion for Attorney Fees scheduled for January 13, 2022. Moving Defendants argue that a 90 day trial continuance is warranted fo...

Excerpt: ...RANTED. (Cal. Ev. Code §452.) Defendant/Cross-Complainant SPECIALTY BAKING's Request for Judicial Notice is DENIED as to Exhibit 5, but otherwise GRANTED. (Cal. Ev. Code §452.) On December 30, 2016, Plaintiff/Cross-Defendant FARZAD KOHANBASH (“Kohanbash”) filed the operative First Amended Complaint (“FAC”), which asserts the following causes of action: (1) Quiet Title/Declaratory Relief; (2) Breach of Contract; (3) Fraud; and (4) Neglig...

Excerpt: ...o date, no rulings have been issued with respect to: (1) Defendant FARZAD KOHANBASH and WHOLESOME MELROSE BAKERY's (collectively “Defendants”) Motion for Attorney's Fees filed on May 19, 2017; and (2) Defendants' Motion for Attorney's Fees on Appeal with respect to attorney's fees incurred in the “Second Appeal” filed on September 3, 2021. As to Defendants' Motion for Attorney's Fees filed on May 19, 2017—the Court will confer with the ...

Excerpt: ...esponse to the demand if the demanding party deems that any of the following apply: (1) A state of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general.” (CCP §2031.310(a).) A motion to compel further responses to a request for production “shall set forth specific facts showing good cause justifying the dis...

Excerpt: ...nterest to the Estate of ELVIA MILLAN (“Decedent”) (collectively “Plaintiffs”) on September 6, 2019. On May 13, 2021, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part, “Defendant PIH failed to implement a reasonable care plan to prevent and heal [Decedent's] pressure ulcers and failed to provide adequate nutrition so she could fight off infection. For example, Defendants failed to monitor t...

Excerpt: ... LLC (“ABC”) (collectively “Plaintiffs”) on February 26, 2019. The relevant facts, as alleged, are as follows: “Plaintiff ROMAN is the owner of American Beauty College (‘ABC') …. ABC operates two campuses, one at 652 South Sunset, West Covina, California and another in Palmdale, California. The West Covina location operates in a building owned by ABC, which was formed as a holding company for the real estate. The Palmdale location w...

Excerpt: ...d Cross-Complaint is GRANTED with 20 days leave to amend. Opposing Party to give Notice. This breach of contract action was filed on March 13, 2020. On February 17, 2021, the subject First Amended Cross-Complaint (“FAXC”) was filed by Defendant/Cross-Complainant LEGENDZ BOXING (“Legendz”) against Plaintiff/Cross-Defendant URBAN SOCCER 5 CENTER, LLC (“US5C” and Cross- Defendant YACINE BOUHARKAT (“Bouharkat”) (collectively “Cross-...

Excerpt: ...orney's fees. Both Counsels represented that they were prepared, and oral argument commenced. The matter was taken under submission, and this Court issued its Order After Remittitur on August 31, 2021. However, since the Remittitur was not issued until after the hearing occurred (on August 5, 2021), this Court's August 31, 2021 Order After Remittitur is VACATED. The Court will hear oral argument on Defendants' Motion for Attorney Fees on Appeal. ...

Excerpt: ...sts, Inc. (“WCA”)'s employees pursuant to CCP §§ 2025.010 and 2025.450. “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any docum...

Excerpt: ...the dissolution action to negotiate a potential buy-out. On May 28, 2021, this Court confirmed the appraisers' valuation of $27,143,000.00. Completion of the buy-out was to be made no later than August 30, 2021. On August 25, 2021, Plaintiffs Gustafson, et al. filed an ex parte application to modify the Alternative Decree dated May 28, 2021 to add Plaintiffs' "assignees" to the Order. For estate and tax planning purposes, on November 8, 2019, Cra...

Excerpt: ...ides no statutory basis to support his Objection. Consequently, the Court declines Plaintiff's invitation to recuse itself. This action for medical malpractice was filed by Plaintiff on September 14, 2018. Defendants SOUTHERN CALIFORNIA INFECTIOUS DISEASE MEDICAL GROUP and PATTI MORRIS (collectively “Defendants”) move for summary judgment pursuant to CCP §437c. “[I]n any medical malpractice action, the plaintiff must establish: ‘(1) the ...