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: ...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: ...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: ..., 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 ...

Excerpt: ...et and confer declarations in substantial compliance with CCP §2016.040. “On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response 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)...

Excerpt: ... personal injury action was filed by Plaintiff KIMBERLY BATTAGLIA on February 7, 2019. On December 4, 2020, a Second Amended Complaint (“SAC”) was filed. The SAC alleges, in pertinent part, “GOLDEN initiated the sexual relationship with Plaintiff. GOLDEN did not disclose to Plaintiff that he was not permitted to engage in a sexual relationship with her and act as her medical provider. GOLDEN continued to treat Plaintiff for years while main...

Excerpt: ...e. No Oppositions filed as of August 3, 2021. This action for contractual fraud was filed by Plaintiff WILLIAM EDWARD SCOTTEN (“Plaintiff”) on August 6, 2020. Plaintiff's Form Complaint asserts the following causes of action: (1) Breach of Contract; and (2) Fraud. The relevant facts, as alleged, are as follows: “Defendant breached the agreement by…failure to provide Uninsured Motorist coverage for Plaintiff[.] 2. Failure to arbitrate Unin...

Excerpt: ...ss Petitioner's Appeal on the ground that the court lacks jurisdiction to review an invalid appeal. Procedural History On 12/15/18, the Labor Commissioner issued its findings in Case No. 35-CM- 365556-17. On 1/16/19, Petitioners filed a “Notice of Appeal” of the Order of the Labor Commissioner “pursuant to Labor Code Section 98.2.” On 2/8/19, Petitioners filed a Petition for Writ of Mandate and Stay of Administrative Proceedings. On 7/5/1...

Excerpt: ...pplies for a writs of attachment in the sums of $39,930.48 against Defendants Jeylim Investments, LLC and Jeylim Rios. At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of the following: 1. The claim upon which the attachment is...

Excerpt: ...pond or to submit to an authorized method of discovery” and “(g) Disobeying a court order to provide discovery.” CCP §2023.030 provides, in part: “To the extent authorized by this chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, may impose the [sanctions] against anyone engaging in conduct that is a misuse of the discovery process, including monetary an...

Excerpt: ..., including proper notice to the client at the last known residence or business address of the client. C.R.C. 3.1362. Here, Counsel's declarations indicate that “[a] breakdown in attorney-client communications has occurred….” Where the issue (or conflict) is between the lawyer and client, without implicating other parties, the court can rely on counsel's sworn declaration absent any reason to doubt the representations. There is an undispute...

Excerpt: ...ra Luna Management, LLC, PCCP IRG Downey, LLP, and IRG Downey, LLP's motion for issue and evidentiary sanctions is OFF-CALENDAR. Defendants' Notice to Withdraw Motion for Issue and Evidentiary Sanctions for Failure to Cooperate with the Court's Order Compelling the Deposition of Security Protection Services, Inc.'s Chief Robert Edwards was FILED on May 17, 2021. Moving Parties to give Notice. Motion to Compel Further Defendants Alberta Tierra Lun...

Excerpt: ... discovery. Plaintiff filed a Motion to Compel Further Discovery Responses. The case settled before the Motion to Compel Further was heard. No law and motion hearings occurred prior to settlement. Cal. Civ. Code §1794(d) states, “[i]f the buyer prevails in an action under [the Song Beverly Act], the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorn...

Excerpt: ...tricken. The motion is DENIED as to the 13 th cause of action. II. Individual Defendants De La Riva, Mendez, and Perez's demurrer is MOOT as to the 4 th, 5 th, 8 th, 10 th – 12 th, and 15 th causes of action, and SUSTAINED with 10 days leave to amend as to the 6 th and 9th causes of action, and OVERRULED as to the 2 nd – 3 rd, and 13 th causes of action. Entity Defendant City of Maywood's demurrer is SUSTAINED with 10 days leave to amend as t...

Excerpt: ...deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.” (CCP §2025.480.) Plaintiffs move to compel Barry Weiss (principal of Defendant LTC INVESTORS D-BW, LLC) to respond to the following deposition questions (as summarized by Defendant): (1) If Downey paid an owner's draw in 2018, for example, that draw would be p...

Excerpt: ...s deposition transcripts. Additional evidence submitted for the first time in Reply papers will normally be allowed only in exceptional circumstances. (Plenger v. Alza Corp. (1992) 11 Cal.App.4th 349, 362, fn. 8.) In its discretion, the Court will not consider the new evidence submitted by Defendants in their Reply brief where doing so would result in a deprivation of Plaintiff's right to due process. (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522,...

Excerpt: ...ons of Plaintiff's First Amended Complaint is MOOT in part, DENIED in part, and GRANTED with 20 days leave to amend in part. Opposing Party to give Notice. This action for wrongful foreclosure was filed by Plaintiff ANTHONY THOMAS, JR. (“Plaintiff”) on June 29, 2020. On October 29, 2020, the operative First Amended Complaint (“FAC”) was filed. The FAC alleges, in pertinent part, “From around 2017, defendants HOA and API have been managi...

Excerpt: ... a party to file a motion compelling further answers to document requests if it finds that the response is inadequate, incomplete, or evasive, or an objection in the response is without merit or too general. The motion shall be accompanied with a meet and confer declaration. (CCP § 2031.310(b).) Plaintiff alleges that his 2017 Honda Civic vehicle suffers from various defects, including the Infotainment System Defect; that Defendant has been unab...

Excerpt: ...ty J.J. Little Co., Inc. (“JJ Little”) to: (1) produce Alex Rodriguez and Dimas Rodriguez, persons identified by JJ Little as the persons most qualified to testify regarding the categories listed in the deposition subpoena on behalf of JJ Little to appear for deposition; and (2) for production of documents identified in the deposition subpoena in their original electronically stored format. Plaintiff maintains that Alex and Dimas Rodriguez ar...

Excerpt: ...n attached, Plaintiff's Form Complaint seemingly asserts the following causes of action: (1) Breach of Contract; (2) Common Counts; and (3) Tax Evasion/Fraud. Plaintiff fails to allege any facts in support of these causes of action. Defendant generally and specially demurs to the entire Complaint. As to the Entire Complaint – Uncertainty Defendant argues that Plaintiff's claims are fatally uncertain. This argument is well-taken. “A special de...

Excerpt: ... Warehouses, Inc., within 30 days. Moving Parties to give NOTICE. Plaintiffs Garcia and Villasenor move to set aside the dismissal filed on 9/9/20 pursuant to CCP § 473(b). The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this reli...

Excerpt: ...ter being notified of a claim of privilege or of protection under subdivision (a), a party that received the information shall immediately sequester the information and either return the specified information and any copies that may exist or present the information to the court conditionally under seal for a determination of the claim… (d)(1) If the receiving party contests the legitimacy of a claim of privilege or protection, he or she may see...

Excerpt: ...ntained therein shall remain. II. Individual Defendants De La Riva, Mendez, and Perez's demurrer is MOOT as to the 4 th, 5 th, 8 th, 10 th – 12 th, and 15 th causes of action, and SUSTAINED with 10 days leave to amend as to the 6 th and 9th causes of action, and OVERRULED as to the 2 nd – 3 rd, and 13 th causes of action. Entity Defendant City of Maywood's demurrer is SUSTAINED with 10 days leave to amend as to the 2 nd , 4 th – 6 th, 8 th,...

Excerpt: ...ies shall meet and confer to determine the date, time, and location of the depositions, which shall take place no later than 30 days from the date of the Court's issuance of this Order. The date may be extended by agreement of the parties. A party may obtain discovery by taking oral depositions. (CCP §2025.010.) CCP §2025.450, which governs motions to compel deposition, provides that “[i]f, after service of a deposition notice, a party to the...

Excerpt: ...tories (set one) is GRANTED. CCP §2030.290. III. Plaintiff's unopposed Motion to Compel Plaintiff Defendant INVIGORATE HEALTHCARE, INC.'s responses to Special Interrogatories (set one) is GRANTED. CCP §2030.290. IV. Plaintiff's unopposed Motion to Compel Plaintiff Defendant BRANDON BIGELOW's responses to Special Interrogatories (set one) is GRANTED. CCP §2030.290. Moving Party to give Notice. No Opposition(s) filed by February 1, 2021. Due by ...

Excerpt: ...der as set forth in Plaintiff's Motion, seek the following documents:  No. 12. Every student file and/or cumulative file of PERPETRATOR JOHN DOE while a student in the NUSD.  No. 19. Any and ALL DOCUMENTS RELATING TO any warnings, reprimands, or discipline given to student PERPETRATOR JOHN DOE while a student in the NUSD. (Plaintiff will accept redacted copies of said DOCUMENTS to protect the privacy of individuals who are not a party to th...

Excerpt: ...e relevant facts, as alleged in the Complaint, are as follows: “Defendants…retained plaintiff to represent them in a civil action entitled Trommald v. Saputo et al VC 051582, for which defendants and each of them agreed to pay plaintiff. Thereafter on or about March 2008, defendants Saputo/Martin and Does 1 to 5 retained plaintiff for services in case no. VP011561 and then on or about 01/04/2011, defendants retained plaintiff for services in ...

Excerpt: ...as follows: “Between the years 2007 and 2018, Pep Boys had an ongoing business relationship with [Defendant CUSTOM LEATHERCRAFT MFG. LLC] (“CLC”) whereby Pep Boys ordered certain products manufactured by CLC for resale at Pep Boys' retail locations as well as its online store.” (Complaint ¶8.) “At the time their business relationship ended in February 2018, CLC had 18 outstanding invoices totaling $12,566.71 with Pep Boys. This outstan...

Excerpt: ...Portions of Cross-Complainant/Cross-Defendant R-3 CONTRACTORS, INC.'s Cross-Complaint is MOOT. III. Defendant/Cross-Complainant/Cross-Defendants HANES COMPANIES, INC.'s Demurrer to Cross- Complainant/Cross-Defendant MCCARTHY BUILDING COMPANIES, INC.'s Cross-Complaint is SUSTAINED with 30 days leave to amend. IV. Defendant/Cross-Complainant/Cross-Defendants HANES COMPANIES, INC.'s Motion to Strike Portions of Cross-Complainant/Cross-Defendant MCCA...

Excerpt: ...E. I. Trial Preference Plaintiffs Mojarro, et al. moves for a trial preference pursuant to CCP § 36(b). A civil action to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion of any party to the action who is under 14 years of age unless the court finds that the party does not have a substantial interest in the case as a whole. A civil action subject to subdivision (a) shall be given preference ov...

Excerpt: ...notice. Michael Anthony Rivera (“Rivera”) was admitted to the practice of law in the State of California on December 7, 1988 and maintained his principal office for the practice of law in the County of Los Angeles from February 22, 1991 to August 6, 2018. Rivera died on August 6, 2018, leaving open client matters. On October 30, 2018, the State Bar of California (“State Bar”) filed a petition and verified application for assumption of jur...

Excerpt: ...Motor Company (Defendant). A jury trial was initially set for November 18, 2019. On November 14, 2019, per Plaintiffs' request, the court continued the trial date to February 19, 2020. The court, however, denied the request to extend discovery. On February 19, 2020, per the Joint Stipulation and Order of the parties, the court continued the trial date and all deadlines related to the trial, including discovery related deadlines and expert discove...

Excerpt: .../Chase”) and Roger Ketelsleger (“Ketelsleger”) demur to the 1 st (breach of oral contract) cause of action in Plaintiff Doug Graven's (“Plaintiff”) first amended complaint. Defendants argue Plaintiff failed to allege sufficient facts to constitute the cause of action. Procedural History On January 22, 2019, Plaintiff filed a complaint against Defendants. On May 16, 2019, Plaintiff filed a first amended complaint against Defendants, asse...

Excerpt: ...f the depositions, which shall take place no later than 15 days from the date of this hearing. The date may be extended by agreement of the parties. Service of a proper deposition notice obligates a party to attend and testify. If such party fails to appear, such appearance may be compelled and monetary sanctions may be imposed. (CCP §2025.450.) Here, Plaintiffs have submitted evidence to show that the deposition of Defendant LTC INVESTORS D- BW...

Excerpt: ...y to give notice. Motion for Summary Judgment No Opposition filed as of November 19, 2019. The Court is in receipt of Plaintiff's Notice of Non-Opposition to Defendant SHYAM DAHIYA, M.D.'s Motion for Summary Judgment. This action for medical malpractice was filed by Plaintiff on April 2, 2018. Defendant DAHIYA (“Defendant”) moves for summary judgment pursuant to CCP §437c. “[I]n any medical malpractice action, the plaintiff must establish:...

Excerpt: ...ion, or alternatively to stay the action under a plea in abatement and estoppel. California courts have broad discretion to stay their own proceedings in favor of a previously-filed action involving the same subject matter. (See Caiafa Prof. Law Corp., 15 Cal.App.4th at 804; Century Indemnity Co. v. Bank of America, 58 Cal.App.4th at 411.) In exercising its discretion, the Court should consider (1) the importance of avoiding unseemly conflicts wi...

Excerpt: ...he following facts: On or about July 25, 2013, Plaintiff entered into two agreements with Defendants. The first agreement was a written Investment Subscription Agreement (“Subscription Agreement”) to purchase 100,000 shares of Hillhurst Worldwide Investment, Inc. (“Hillhurst”) for $620,000.00 (SAC ¶12, Ex. A.) The second agreement was a written Investment Agreement (“Investment Agreement”) to purchase 10% shares of Hillhurst for $620...

Excerpt: ...rt and DENIED in part. Costs are allowable to Defendants ARTURO DON DIEGO; CARLOS DON DIEGO; IGNACIO DON DIEGO DIAZ; IGNACIO DON DIEGO HRENANDEZ; SMARK COMPANY and SMARK CHEMICALS in the amount of $20,743.98. Moving Party(s) to give Notice. Motion for Determination of Good Faith Settlement No Opposition filed as of November 5, 2019. In determining the good faith of a settlement, the Court must balance the public policy favoring settlements with t...

Excerpt: ...ely “Defendants”) move for summary judgment pursuant to CCP 437c. Plaintiff's evidentiary objections are OVERRULED. A defendant moving for summary judgment/adjudication has met its burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (CCP 437c(p)(2).) On 12/28/17, Plaintiff filed her complaint, alleging causes of action for Negligence and Negl...

Excerpt: ...5 hrs. x $250/hr.) ($81.65 filing fee) within 30 days of the date of this hearing. When a motion to expunge lis pendens is filed, the burden is on the opposing party to show that the complaint contains allegations of a real-property claim, and to evidence the probable validity of the claim based on a preponderance of evidence. (CCP §§405.32m 405.31; Kirkeby v. Sup. Ct. (2004) 33 Cal.4th 642, 648.) The decision regarding the likelihood that a pl...

Excerpt: ...RIO VAZQUEZ (solely for the purpose of arbitration issues). Briarcrest's request for a continuance was granted, and the parties were given a supplemental briefing schedule. As of October 21, 2019, no supplemental briefs have been filed/lodged with the Court. Except for specifically enumerated exceptions, the court must order the petitioner and respondent to arbitrate a controversy if the court finds that a written agreement to arbitrate the contr...

Excerpt: ...th v. Asiatic Transpacific, Inc. (1979) 93 Cal.App.3d 849, 856; McCellan v. Northridge Park Townhomes Owners Ass'n, Inc. (2001) 89 Cal.App.4 th 746; Wolf Metals Inc. v. Rand Pacific Sales, Inc. (2016) 4 Cal.App.5 th 698, 709.) CCP §187 confers such authority on the courts. The general rule is that a court may amend its judgment at any time so that the judgment will properly designate the real defendants. (Dow Jones Co., Inc. v. Avenal (1984) 151...

Excerpt: ...ss alleges that Defendant failed to pay his credit card obligations. The Complaint asserts two causes of action for: 1. Open Book Account 2. Account Stated The elements for a cause of action for OPEN BOOK ACCOUNT are: 1) Detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation; 2) shows the debits and credits in connection therewith, ...

Excerpt: ...ns per CCP 128.5 and 177.5. “(a) A trial court may order a party, the party's attorney, or both, to pay the reaso nable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to caus e unnecessary delay…. (f) Sanctions ordered pursuant to this section shall be or dered pursuant to the following conditions and procedures: (1) If, after notice an...

Excerpt: ...g Party to give NOTICE. Defendants Pocus Systems, Inc. (“Pocus”) and Solstap Ecom Inc. (“Solstap”) move for an undertaking pursuant to CCP § 1030. (a) When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which ...

Excerpt: ...rt has reviewed the meet and confer correspondence efforts between the parties and finds that the meet and confer requirement(s) have been satisfied. Plaintiff's Motion for Terminating Sanctions This action was filed by Plaintiff KRYSTAL TAYLOR against Defendants ULTA, INC. (“Ulta, Inc.”) and ULTA SALON, COSMETICS & FRAGRANCE, INC. (“Ulta Salon”) on November 21, 2018. Plaintiff alleges that she sustained injuries during an eyebrow wax tre...

Excerpt: ...0, for damages based on allegations that Defendants failed to properly maintain their premises located at 11720 Greenstone Avenue, Sante Fe Springs, CA, and as a result, when Plaintiff Torres was on said premises as a construction worker, a roof he was standing on collapsed which caused him to fall from the second floor to the first floor. In the complaint, Plaintiffs assert a cause of action for negligence and Plaintiff Sanchez asserts a cause o...

Excerpt: ... operative complaint is the First Amended Complaint. Plaintiff Yrigollen alleges that Defendant Jesus Cruz converted his garage for residential use without the proper building permits. Cruz leased the converted garage to Plaintiff, and Plaintiff now seeks reimbursement of her rent and security deposits since the premises was untenantable. The FAC asserts causes of action for: 1. Breach of Contract (v. all Defendants) 2. Breach of Implied Covenant...

Excerpt: ...iary Duty and Elder Abuse, was filed by Plaintiff Rick Trevino (“Rick”) on 12/21/18. Rick alleges that he is 80 years old, and a shareholder and Director of Casa Garcia. Stacy Trevino (“Stacy”) is the Chief Financial Officer and shareholder of Casa Garcia. Nicole Trevino (“Nicole”) is the Chief Operating Officer and purported shareholder of Casa Garcia. On or about February 2018 or earlier, Stacy began taking the cash receipts from Ca...

Excerpt: ... is MOOT. Moving Parties to give NOTICE. The operative complaint is the Second Amended Complaint filed on 4/26/19. Plaintiff Kelterite Corporation (“Kelterite”) alleges that Defendant Onward Engineering is an agent of Defendant City of Santa Fe Springs. Defendant Daniel Reyes is an employee of Onward Engineering. Reyes, on behalf of himself and while acting in the course and scope of his employment with Onward Engineering as a project manager...

Excerpt: ...wing: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP 512.030.) The court is not in receipt of any proof of service showing that Defendant was served with the summons, complaint, Notice, and Application for Writ of Possession. Merits If notice is cured, the following analysis applies. Upon the filing of the complaint or at any time there...

Excerpt: ...d with all of the following: (a) a copy of the summons and complaint; (b) A Notice of Application and Hearing; and (c) a copy of the application and any affidavit in support thereof. (CCP 512.030.) The proof of service shows that Defendant was served with the summons, complaint, Notice, and Application for Writ of Possession on 7/10/19. MERITS: Upon the filing of the complaint or at any time thereafter, the plaintiff may apply for a writ of posse...

Excerpt: ...is uncertain. This unlawful detainer action was filed by Plaintiff Laskey Blonstein Properties, LLC on 5/23/19. The Complaint asserts a single cause of action for Unlawful Detainer. UNCERTAINTY Demurrer on grounds of uncertainty will not be sustained unless the complaint is so bad that the defendant cannot reasonably respond. (Koury v. Maly's of California (1993) 14 Cal.App.4th 612, 616.) The court finds the Complaint is not so uncertain that Def...

Excerpt: ...'s exhibits. Plaintiff alleges that on 12/15/15, Plaintiff and Defendant orally agreed to purchase the property from Plaintiff's former spouse; Defendant would pay the mortgage; Plaintiff would pay household expenses and improvements; and the parties would marry and Defendant would convey the property to Plaintiff following marriage. (Complaint, ¶ 9.) In November 2017, Plaintiff and Defendant ended their relationship, and Defendant refused to co...

Excerpt: ...ool District”) moves for an order permitting the taking of an audio or video deposition of prisoner Mary Jahn pursuant to CCP 2025.340 and 2025.620 and Pen. Code 2623. CCP § 2025.010 provides that "[a]ny party may obtain discovery ... by taking in California the oral deposition of any person.” CCP § 2025.340 specifically allows for recording a deposition by means of audio or video technology, and for the recording to be introduced at tr...

Excerpt: ...Quiet Title action was filed by Laurie Uesugi on 3/13/17, asserting causes of action for: 1. Quiet Title 2. Fraud 3. Breach of Contract 4. Declaratory Relief 5. Constructive Trust 6. Accounting Ruth Ohlson filed a Cross-Complaint on 5/16/17, and subsequently a First Amended Cross-Complaint (“FAXC”) on 4/22/19 against Kenji, Laurie, George, and Hideko Uesugi, asserting causes of action for: 1. Breach of Oral Contract (Whittier home) 2. Breach ...

Excerpt: ...fendants' request for judicial notice is GRANTED as to the existence of the documents, but not as to any hearsay statements contained therein. Cal. Ev. Code §452. As an initial matter, the demurrer is MOOT as to Defendants COSME LOZANO and EDGAR CISNEROS pursuant to the Requests for Dismissal without prejudice of the entire complaint entered on June 28, 2018. This breach of contract action was filed by Plaintiff H.P. AUTOMOTIVE AND TOW, INC. on ...

Excerpt: ...alleged, are as follows: “This case arises from Defendants' fraudulent representations to Plaintiff to induce her to enter into a contract that she believed was for the purchase of five vacant parcels of land and the rights to develop that land and adjoining parking lots. When Plaintiff discovered that the vacant land parcels were not developable, Defendants induced Plaintiff to submit multiple all-cash offers on several adjoining properties un...

Excerpt: ...n Dept. SE-C. II. Defendants/Cross-Complainants AAA SOLAR ELECTRIC, INC; LOS ANGELES UNIFIED SCHOOL DISTRICT; and PHILADELPHIA INDEMNITY INSURANCE COMPANY's motion to compel production of documents at depositions is CONTINUED to Thursday, October 11, 2018 at 1:30 p.m. in Dept. SE-C. I. Defendants/Cross-Complainants AAA SOLAR ELECTRIC, INC; LOS ANGELES UNIFIED SCHOOL DISTRICT; and PHILADELPHIA INDEMNITY INSURANCE COMPANY's motion to compel further...

Excerpt: ...FIN; VALERIE RAPP; and WILLIE BUDAY is GRANTED in part, DENIED in part, and DENIED without prejudice in part. I. Plaintiff's motion to compel the depositions of RON WHITE; BRIDGETTE WHITE; RICHARD COBERLY; and GLENDA COBERLY is GRANTED in part, and DENIED without prejudice in part. Moving Party to give notice. Plaintiff's motions are granted as to the deponents which Defendant has agreed to produce for deposition on dates certain. (See Joint Stat...

Excerpt: ...tes was instructed by CITYnot to answer questions on the following on grounds of attorney client privilege and work product: (1) the factual basis for Mr. Cervantes' opinion in his Declaration submitted in support of CITY's pending Motion for Summary Judgment, that the subject intersection is not an unreasonably dangerous intersection [Citation]; (2) whether CITY ever performed a Traffic Signal Warrant study at the intersection [Citation]; (3) th...

Excerpt: ...ry relief; and (ii) breach of contract, arising from Defendants' failure to pay certain property taxes arising from the conveyance of the Premises from the original landlord (Frances Villari) to her children (Defendants) after her death. On March 24, 2017, this Court granted Plaintiff WHITTIER SELF STORAGE, LLC's motion for summary judgment. On May 30, 2018, this Court entered a judgment in favor of Plaintiff, WHITTIER SELF STORAGE, LLC, which st...

Excerpt: ... Case, finding that it had not been filed with a completed proof of service. The Court notes that a second Notice of Related Case was filed on June 21, 2018. As of July 3, 2018, the cases have not been deemed related. Defendant is permitted leave to file a Supplemental Opposition per CCP §1005(b) in accordance with the new hearing date. Plaintiff may file and serve a Supplemental Reply per CCP §1005(b) in accordance with the new hearing date, i...

Excerpt: ... is ORDERED to file and serve a Supplemental Reply per CCP §437c(b)(3) in accordance with the new hearing date. Opposing Party to give Notice. This breach of contract action was filed by Plaintiff DIRECT CAPITAL CORPORATION on January 10, 2017 in the Governor George Deukmejian Courthouse. Plaintiff's motion for summary judgment was filed, noticed, and set for hearing on December 21, 2017. However, on December 21, 2017, the court issued the follo...

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Excerpt: ...el's motion to withdraw was granted February 28, 2018. As of March 28, 2018, no Substitution of Counsel has been filed. On December 12, 2017, this Court ORDERED Defendant MALDONADO to serve further responses, without objection to Form Interrogatory 17.1 (with respect to RFA's 3-8). Notwithstanding, as of January 22, 2018 (the filing date of the instant motion), no further responses have been served. Consequently, Plaintiff argues that the Court s...

Excerpt: ...aintiff's Complaint asserts the following causes of action: (1) Intentional Interference with Prospective Economic Relations; (2) Negligent Interference with Prospective Economic Relations; and (3) Inverse Condemnation in Violation of California Constitution Article I, §19. Defendant CITY OF PICO RIVERA (“Pico Rivera”) demurs to the entire Complaint pursuant to CCP §430.10(e) and (f). Defendant argues that the Complaint is fatally uncertain...

Excerpt: ...s may appear and argue the merits on the continued hearing date. If the parties are unable to informally resolve the issues raised in the instant demurrer, then the Demurring Defendant must submit a signed declaration indicating such efforts pursuant to CCP §430.41. The declaration must be filed directly in Department SE‐C no later than 3:00 p.m. on April 30, 2018. (NO FAX FILING.) CCP § 430.41(a), effective for demurrers filed on or after Ja...