Excerpt: ... resident at Cabrillo Village (“The Village”); his residency was through U.S. Vets, which provides housing services for veterans. While a resident at The Village, Plaintiff met Dawn Thompson. Plaintiff trusted Dawn, and Dawn told Plaintiff she would help him obtain a VA caregiver due to his difficulty performing his necessary chores. In April of 2017, Dawn called Plaintiff into her office to sign papers. Plaintiff believed the papers related ...

Excerpt: ...ations of the California Homeowners Bill of Rights  Treble Damages  Slander of Title  Quiet Title  Violation of BPC §17200, et seq.  Declaratory Relief The crux of Plaintiffs' complaint is their allegation that Defendants commenced foreclosure proceedings against Plaintiffs without complying with the Homeowners Bill of Rights (complaint, ¶9); Plaintiffs had a loan with NBGI, Inc., which was never assigned to any of the defendants...

Excerpt: ...nd Amended Complaint (“SAC”) was filed on February 25, 2020 and contains three causes of action: (1) negligence, (2) premises liability, and (3) product liability. The SAC alleges that Decedent Oscar Gilberto Miranda (“Decedent”) was Plaintiff's husband and father to their minor children. (SAC, ¶ 18.) Decedent was an independent contractor and truck driver for Corporate Defendants. (Id. at ¶ 19.) Corporate Defendants assigned Decedent d...

Excerpt: ...5) quantum meruit. Plaintiff alleges Shoreline breached the verbal/oral agreement in connection with improvement project performed at 217 Pine Avenue, Long Beach, CA 90802. 2. Motion to Compel Further Responses At issue today is Plaintiff's Motion to Compel Further Responses to Request for Production of Documents, Set One, Nos. 27 to 32. A motion to compel further production must set forth specific facts showing good cause justifying the discover...

Excerpt: ...problems with the vessel included “a non-working PCU, which controlled all of the electronics on the yacht” as well as problems with the electrical and navigational systems. A written contract for purchase of the vessel, a 2016 Lagoon 630 motor yacht, was executed on March 6, 2016. A copy of the contract is appended to the complaint as Exhibit A. The broker defendants allegedly promised a one-year warranty running from the date of delivery. P...

Excerpt: ... City filed a motion for judgment on the pleadings. On March 5, 2020, the court granted City's motion with leave to amend on grounds that the allegations in the complaint were not pled with sufficient particularity against City. Plaintiff filed her first amended complaint (“FAC”) on April 3, 2020. Plaintiff alleges that on January 14, 2017, she was seriously injured by a vehicle driven by Ray while she was walking across a crosswalk in Long B...

Excerpt: ...urt, Plaintiff filed a Second Amended Complaint on October 2, 2019. On October 17, 2019, the Court sustained Defendants' unopposed demurrer to the First Amended Complaint in its entirety without leave to amend. The Second Amended Complaint was ordered stricken because it was improperly filed without leave of Court. The Court entered Judgment of Dismissal on October 22, 2019. Defendants filed its Memorandum of Costs and the subject motion for atto...

Excerpt: ...e First Amended Complaint. The FAC names Farmers Insurance Company, Farmers Insurance Exchange, Hadi Alidowlatabadi, Abigail Resnick, and Robert Biehl as defendants. The FAC includes causes of action for:  Breach of the Implied Covenant of Good Faith and Fair Dealing (All Defendants);  Breach of Contract (All Defendants);  Violation of BPC §17200, et seq. (All Defendants);  BPC §17500, et seq. (All Defendants);  Intentional Misre...

Excerpt: ...included a premises liability attachment to his form complaint. The crux of the complaint is not entirely clear, but appears to be that Defendants used forged documents to evict Plaintiff from his deceased wife's home. 2. Matter on Calendar Today Defendants, Eugene J. Fay and Solange Rutledge demur to the complaint. 3. Demurrer a. Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues...

Excerpt: ...ruptcy in 2012 and entered into a stipulated agreement with Nationstar permitting Plaintiffs to re-amortize their loan. Thereafter, Nationstar assigned the loan to Defendant, SLS for servicing. Beginning in December of 2017, SLS began notifying Plaintiffs that they were in default on their loan, even though Plaintiffs were timely making payments per the bankruptcy agreement. Plaintiffs allege SLS has improperly threatened Plaintiffs with a Notice...

Excerpt: ...rdinance). Plaintiffs' complaint under §1946.2 alleges that Defendants have threatened to raise Plaintiffs' rent in excess of the legally permitted rent control amount, and Plaintiffs seek an order that they must not do so. Plaintiffs' complaint under the Long Beach City Urgency Ordinance alleges Defendants are wrongfully causing Plaintiff and other tenants to move involuntarily and without just cause and seeks a declaration that Defendants must...

Excerpt: ...nsaction and has subsequently assigned his rights to Plaintiff Legend 13. Plaintiff alleges Defendants made various representations concerning the property, including that the property would be free from restrictions that would impair the value of the property; these representations were false, and caused Plaintiffs harm. Specifically, Plaintiffs allege the City of Long Beach and/or the Port was imposing restrictions on the permitted uses of the ...

Excerpt: ...declined to pay under the insurance contract, to defend the Suit, and to indemnify Plaintiff for the costs incurred. Plaintiff also alleges Defendant's conduct was discriminatory and was undertaken because of Plaintiff's protected status. The Court previously sustained a demurrer to the First Amended Complaint with leave to amend as to the third and fourth causes of action; the Court also sustained the demurrer without leave to amend as to the fi...

Excerpt: ... passenger in a Lyft vehicle, and the Lyft vehicle negligently left Decedent in the street near 2 nd Street and Tivolli Avenue, which was not near her designated Lyft destination. Hoyt, as an employee of Shimmick, ran over and killed Decedent, who was in the street after being let out of the Lyft vehicle. 2. Matters on Calendar Today There are two motions on calendar today. On 2/19/20, Lyft filed a motion for a protective order. Lyft seeks an ord...

Excerpt: ...ttempted to raise the rent by an amount not permitted under the extension. Defendant, JMS moved for summary judgment on the SAC, and on 11/05/19 the Court denied the motion. JMS moved on the ground that Plaintiff failed to comply with the notice provision in ¶36 of the parties' lease. The Court found that there were triable issues of material fact in this regard and denied the motion. On 1/07/20, Plaintiff filed a doe amendment. She named Michae...

Excerpt: ...rading. Because Rogers is the demurring defendant in connection with today's hearing, the Court will focus on the allegations relating to Rogers in detailing the complaint. The Court notes that many material facts relating to the other defendants are not incorporated into this ruling, as they are not relevant to the issues presented by way of the demurrer. Plaintiff alleges OSA loaned $2,450,000 to Energy Product Company, LLC which loan agreement...

Excerpt: ...imately convinced him to leave the treatment center and move in with her, abused drugs and alcohol herself, and engaged in egregious conduct when Plaintiff attempted to leave the relationship and Defendant's home. Plaintiff's operative complaint is his First Amended Complaint, which he filed on 12/06/19. It includes causes of action for:  General and Professional Negligence (all defendants);  IIED (all defendants);  Battery (all defendan...

Excerpt: ... Complaint alleges that on or about October 16, 2017, Direct Automotive Corporation (“Direct Auto”) through Juan Lopez (“Lopez”), its principal, agreed to buy all of Nasri's shares in NK Financing Corporation (“NK”) pursuant to terms and conditions set forth in the Purchase and Sale Agreement (“Agreement”). Under the Agreement and the “Goodwill Note”, Direct Auto and Lopez are obligated to pay the purchase price in monthly ins...

Excerpt: ...rticipate in the hearing. At the conclusion of the hearing, the Commissioner awarded Plaintiff $97,627.99. Defendants initiated an appeal of the Award. While designated an appeal, the proceeding is actually a trial de novo. See Labor Code § 98.2(b). The parties participated in a court trial, the Honorable Mark C. Kim presiding, between 12/13/19 and 12/17/19. The Court issued a proposed statement of decision on 2/24/20, and adopted the decision a...

Excerpt: ...3, 2019) 10. Unfair Business Practices 11. Declaratory Relief 12. Accounting Plaintiff filed his original complaint on 8/08/19. On 12/12/19, the Court heard Defendant's demurrer to the fifth and sixth causes of action. The Court sustained the demurrer with leave to amend, finding the allegations amounted to mere conclusions, which were insufficient to support a claim for misrepresentation. On 1/02/20, Plaintiff filed his operative First Amended C...

Excerpt: ...er purse, and charged her for a second ride using the Uber app. Plaintiff's original complaint is her operative complaint. It alleges causes of action for: 1. Common Carrier Negligence (Uber); 2. Sexual Battery (Doe 1 – Humberto); 3. Assault (all defendants); 4. Violation of Ralph Act Civil Code § 51.7 (all defendants); 5. Violation of Bane Act Civil Code § 51.7 (all defendants); 6. Civil Damages Arising out of Gender Violence (Doe 1 – Humb...

Excerpt: ...s performing cleaning and maintenance work in oil refineries) . . .” (Paragraph 5) “In or about 2000, Mr. Grange incorporated PLAINTIFF which subsequently entered into a business relationship with DEFENDANT pursuant to which Mr. Grange, on behalf of PLAINTIFF, introduced DEFENDANT into the California market and generated business in exchange for compensation in the form of a seventeen percent (17%) commission. This arrangement continued for a...

Excerpt: ...tend this deadline during the meet and confer process. Defendant served responses to special interrogatories by mail on January 16, 2020. The motions were filed on March 12, 2020, which is within 50 days. The motions are timely. Defendant served supplemental responses to form interrogatories on March 20, 2020. The motion was filed on April 17, 2020 which is within 50 days. The motion is timely. There is no contention that the responses were untim...

Excerpt: ...n a urologist. During surgery Dr. Stafford allegedly nicked Plaintiff's bladder requiring a second surgery, that the surgeries advanced his testicular cancer from Stage III to Stage IV. (Complaint Paragraphs 7 – 8) He vaguely alleges a failure to timely diagnose, but it is unclear which condition went undiagnosed. William Blowitz's wife, Mary Ann Blowitz, claims she has a loss of consortium due to this negligence. As both motions point out -- L...

Excerpt: ...Fraud Defendants concurrently move to strike all prayers for punitive damages and associated allegations. SUMMARY OF ALLEGATIONS The complaint is replete with unsupported legal conclusions which the court does not deem true even on demurrer. These include, but are not limited to, allegations of tolling due to concealment and malice. Plaintiff borrowed $765,000 from Greenpoint Mortgage Funding on May 10, 2006. In 2012 MERS conveyed beneficial inte...