Excerpt: ...perative to a condominium complex. Plaintiff alleges the building was not properly classified as a stock cooperative, and therefore Defendants were not permitted to use the process to convert a stock cooperative to a condominium complex, but they did so regardless of the incorrect designation. In connection with the first cause of action for slander of title, Plaintiff alleges he purchased one share of common stock on 1/21/09, giving him the righ...

Excerpt: ... entered into a contract with Defendant Maverick Decatur Georgia, LLC (“Maverick”) to complete construction for tenant improvements. Plaintiff Gundry acted as the general contractor. One of the subcontractors Gundry hired for the project was K&S Air Conditioning, Inc. (“K&S”) In the complaint, Gundry alleges Maverick failed to pay for all services rendered. On January 26, 2018, Maverick filed a cross-complaint against Gundry. The cross-co...

Excerpt: ...nergy and Jason Vogel filed an answer to the first amended complaint. On January 27, 2020, Plaintiffs filed a Request for Dismissal, dismissing Eric Broughard, Shelley Hockett, Marlon West, Michael Miller, and Lyddy Martin Insurance from this action. INTRODUCTION Defendants Hagerty Insurance Agency, LLC (“Hagerty”), McKeel Hagerty, Louise Hagerty, Michelle Ayers, Christina Verschaeve, Essentia Insurance Company (“Essentia”), Markel Corpor...

Excerpt: ...l detainer action against Defendants Mohan Makkar and Crown Investments, LLC (collectively, “Defendants”). A first amended complaint was subsequently filed. It is alleged in the complaint that on September 8, 2017, the parties entered into a written lease agreement whereby Defendants agreed to pay rent of $17,798.00 per month, payable on the first of the month, for a two-year term. Defendants are alleged to be in possession of property at 411...

Excerpt: ...an Servicing, LLC, erroneously sued as “Ocwen Loan Servicing, LLC” and “PHH Mortgage services” (“PHH”), Mortgage Electronic Registration Systems, Inc. (“MERS”), and U.S. Bank National Association, as Trustee for Lehman XS Trust, Series 2006-GP4, erroneously sued as “U.S. Bank, National Association, as Trustee for Lehman XS Trust, Series-GPA” (“U.S. Bank”)(collectively, “Defendants”) demur to Plaintiff's First Amended C...

Excerpt: ... sub-contracted with Richmond for lath and plaster services on the exterior of the building (there were other duties, but the court declines to follow the parties in over complicating what should have been a straight-forward motion.) After Gundry filed its' action against Maverick, Maverick cross—complained against Gundry alleging deficiencies in the work performed. Gundry in turn cross—complained against a number of sub-contractors, includin...

Excerpt: ...een the same parties on the same cause of action pursuant to CCP § 430.10(c), and (3) the Complaint fails to state sufficient facts to constitute a cause of action against Defendants pursuant to CCP § 430.10(e) and (f). Plaintiff filed the Complaint on February 21, 2019 for: 1. General Negligence 2. Gross Negligence 3. Premises Liability Defendants also move to strike exemplary and punitive damages from the Complaint. ALLEGATIONS: Plaintiff all...

Excerpt: ...o an agreement with Defendants for the rental of a working and fully functional recreational vehicle from August 28, 2016 to September 5, 2016. (Complaint ¶¶5-7.) Plaintiffs alleged the recreational vehicle provided to them by Defendants had a major sewage leak. The black water holding tank under the middle bathroom of the vehicle leaked heavily creating puddles of sewage in the compartment and under the vehicle. Plaintiffs alleged the entirety...

Excerpt: ...s to strike the FAC. ALLEGATIONS Plaintiff owned real property at 247 Roycroft Avenue in Long Beach, California. The case concerns a joint tenancy grant deed recorded on March 7, 2016, which purports that Plaintiff, for valuable consideration, conveyed a joint tenancy between herself and Defendant. Plaintiff alleges Defendant is not related to her but acted as a “personal chauffer” to Plaintiff and her husband. After the death of Plaintiff's ...

Excerpt: ... assert the following causes of action: 1. Elder abuse and neglect (Welfare and Institutions Code § 15600 et seq.); and 2. Violation of Patient's Bill of Rights (Health and Safety Code § 1430(b)). In the same action, Plaintiffs Rebecca Araujo (“Rebecca”) and Christina Hoogland (“Christina”) assert wrongful death cause of action (Code of Civil Procedure § 377.60). On August 8, 2019, Defendants filed this petition to compel arbitration. ...

Excerpt: ...rnish certain labor, services, equipment and materials for a work of improvement on the subject property, for which Maverick agreed to pay Gundry $4,552,884.00. (Complaint ¶6.) Gundry alleged it duly performed all work required to be performed under the agreement and, after crediting Maverick for progress payments made, Maverick still owes $362,829.21, plus interest. (Complaint ¶7.) On January 26, 2018, Maverick filed a general denial. Maverick...

Excerpt: ...iations between Carnival Cruises and Defendant City Attorney Campbell and Defendant Bray, and allege that Defendant City of Avalon awarded Catalina Classic Cruises the cruise ship tender contracts in violation of California law. Plaintiffs also allege that Defendants fail to uphold the validity of Plaintiff's' common carrier permit by disallowing Plaintiffs to operate shore boat service in Avalon harbor. Finally, Plaintiffs allege that Defendant ...

Excerpt: ...on; and (6) financial elder abuse. Plaintiff brings this action against Defendants Kimberly Olson Lind (“Lind”), Duane Westrup (“Westrup”), Marisa Commerford (“Commerford”), and Does 1 to 50. Plaintiff alleges as follows. Plaintiff commenced an action against the City of Long Beach for retaliation that was tried to a jury verdict in 2013. (Complaint ¶ 6.) In that action, Plaintiff hired Lind, Westrup, and Commerford as his counsel. (...

Excerpt: ...and a mutual waiver of costs of suit and attorneys' fees in exchange for a dismissal with prejudice as a full and final resolution of Plaintiff's claims against the Long Beach Defendants. GOOD FAITH SETTLEMENT The court must approve any settlement entered into by less than all joint tortfeasors or co-obligors. (CCP § 877.6.) This requirement furthers two sometimes competing policies: (1) the equitable sharing of costs among the parties at fault,...

Excerpt: ... prayers for punitive damages and associated allegations. ALLEGATIONS Plaintiff has purchased health insurance from Defendant “for decades.” He alleges that his purchased policies are “private, not employer provided.” Although of questionable materiality, he alleges his premiums have been as high as $72,000 per year. Throughout the decades he had been insured by Blue Shield and he has made claims for medical services and pharmaceuticals. ...

Excerpt: ...Defendants who are not moving parties, owned and controlled the premises at 2351 W. 16 th St., Los Angeles. Plaintiffs allege the premises “was a very serious and obvious safety hazard” because “the containers” assigned to Plaintiffs' decedent (Oscar Miranda) and other truck drivers to “ferry” were old and outdated and had holes in them. They lacked forklift “pockets.” When loaded upon a truck chassis they “did not sit properly�...

Excerpt: ...ion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court shall stay or dismiss the action in whole or in part on any conditions that may be just. (b) The provisions of Section 418.10 do not apply to a motion to stay or dismiss the action by a defendant who has made a general appearance.” CCP §418.10: “(a) A defendant, on or before the last day of his...

Excerpt: ... seeks leave to amend the Complaint to: (1) add causes of action for conversion, fraud and deceit, and violation of penal code section 496; and (2) include additional specific facts concerning Mr. Nasri's allegations. No trial date has been set. ALLEGATIONS The Complaint states that on or about October 16, 2017, Direct Automotive Corporation (“Direct Auto”) through Juan Lopez (“Mr. Lopez”), its principal agreed to buy all of Mr. Nasri's s...

Excerpt: ...rt to discuss what facts there are. DISCUSSION The facts which can be gleaned are that Plaintiff was employed by Defendant as a cashier, and she had no problems with her employer from November 5, 2016 through May 2017. It appears she requested two weeks off without pay after her mother died on June 23, 2017, and her request was granted. On July 11, 2017 Plaintiff makes the legal conclusion that she was wrongfully evicted (The conclusion of “wro...

Excerpt: ...efing. The parties submitted their supplemental briefs. The court has read and considered the moving and opposing and reply briefs to each motion as well as the supplemental briefs and now rules. The requests for judicial notice were granted. The parties agree that there are no disputed facts at issue and only questions of law are presented. The court agrees. City electorate passed measure WW in November 2018. The stated purpose of the measure wa...

Excerpt: ...e rules of pleading, improperly combines multiple legal theories under a single caption, improper legal citations and argument, and is dense with unnecessary evidentiary materials, including photographs of his anus and blood on tissue paper, which add nothing to stating a claim. The court understands Mr. Pettenaro is acting without counsel but he is held to the same standards as an attorney. To state a claim, CCP §425.10 requires only: “(1) A ...

Excerpt: ...se, fails to comply with any of the requirements thereof, the court on motion of a party or on its own motion may strike out all or any part of any pleading of that party, or, dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party, or impose other penalties of a lesser nature as otherwise provided by law, and may order that party or his or her counsel to pay to the moving party the reasonable expen...

Excerpt: ..., against Maverick Decatur Georgia, LLC (“Maverick”) for breach of contract and foreclosure of a mechanic's lien. Maverick hired Gundry as its general contractor for a project called “Olympic Fitness.” Gundry sub-contracted with Richmond for lath and plaster services on the exterior of the building (there were other duties, but the court declines to follow the parties in over- complicating what should have been a straight-forward motion.)...

Excerpt: ...premises. Kardan Brady LLC filed an answer and a cross‐complaint alleging: 1.Breach of Contract 2. Negligence 3. Equitable Indemnity It is important to note that only the first two causes of action are charged against Evans – the claim for equitable indemnity is charged against “Roes” 1 – 25. The cross‐complaint acknowledges the allegations of the underlying complaint (Paragraph 7). In the first cause of action for breach of contract ...

Excerpt: ...M. Trejo (case no. 19LBCV00067). On March 29, 2019, the court consolidated NC061025 and 19LBCV00067 and designated NC061025 as the lead case. Defendants Victor M. Trejo (“Trejo”) and Revive Contractors Group, LLC (“Revive”) (collectively, “defendants”) demur to the entirety of plaintiff Accurate Investment Partners, LLC's (“plaintiff”) Complaint (case no. 19LBCV00067): 1. Breach of Contract 2. Declaratory Relief ALLEGATIONS Plaint...