Excerpt: ...ligence), willful misconduct, and elder abuse. The individual defendants are named as nominal defendants due to their relationship with Decedent. 2. Motion to Compel Compliance with Deposition Subpoena for Production of Business Records a. Parties' Positions Defendant, S&F Hospice Orco I, LLC dba Tranquil Care Hospice propounded a deposition subpoena for production of business records on non-party, Alameda County Department of Social Services, Ad...

Excerpt: ... a claim for damage arising out of a pipe rupture, and Defendant failed to adequately investigate or pay on the claim. 2. Motion for Summary Judgment a. Parties' Positions Defendant moves for summary judgment on the complaint. Alternatively, it moves for summary adjudication of the first cause of action and the claim for punitive damages. It contends (a) it is entitled to judgment as a matter of law because the damage was caused by continuous or ...

Excerpt: ...on of real property, breach of contract, and fraud. 2. Demurrer to First Amended Complaint a. Parties' Positions Defendant demurs to the complaint on the grounds that (a) the similarity in names is causing confusion, and (b) the fraud cause of action is not pled with the requisite specificity. Plaintiff opposes the demurrer, but the opposition concedes the confusion with the names and seeks leave to amend to clarify in light of information obtain...

Excerpt: ...s causes of action for childhood sexual assault, negligence, negligent retention/supervision/failure to warn, sexual battery, IIED, and false imprisonment. The case was originally assigned to the personal injury hub courts, and the parties fully briefed this demurrer and motion to strike in late 2021. The PI hub court deemed the case complicated and reassigned it to this department, where the demurrer and motion to strike are now pending for hear...

Excerpt: ...TY. The basis of Plaintiff's action for title is a deed from Defendant Maria Dominguez, formerly known as Maria Del S. Amado (“Defendant”), Plaintiff's mother, which granted to above property in fee simple to Plaintiff. It is dated December 21, 1998 and was recorded in the Official Records of the County of Los Angeles on December 16, 2011 as Document No. 201111709322. Plaintiff alleges that she has been making all required payments on the hou...

Excerpt: ...cribed in said complaint, and that said accident and injuries sustained by Plaintiff were actually and proximately caused by said fault, carelessness and negligence of all defendants. On April 03, 2020, Plaintiffs filed their Complaint alleging two causes of action for (1) Motor Vehicle and (2) General Negligence. On July 23, 2021, Defendant filed her Answer. On December 02, 2021, Defendant filed six Motions to Compel. All were granted on Februar...

Excerpt: ...ial Deserting “Camping Party” event that occurred on July 19, 2020 to July 20, 2020 at or near Ave. L- 8 and 80th St. E. in Palmdale, California. Plaintiff further alleges that on or about July 20, 2020, Defendants and Brown recklessly, tortuously, and unlawfully owned, controlled, managed, maintained, supervised and possessed the dog, the event, and/or the premises as to permit the Dog to attack, molest, bite, maul, or otherwise injure Plain...

Excerpt: ...t Lancaster Hospital Corporation d.b.a. Palmdale Regional Medical Center (“Defendant Palmdale”) at 4 a.m. the day after surgery was performed where she was placed on a ventilator despite her 90s oxygen saturation levels, causing a seizure. Plaintiff further alleges that (1) she suffered a Stage IV decubitus ulcer on her sacral region and a decubitus ulcer on her heel (Stage unknown) due to Defendant Palmdale's failure to reposition Plaintiff ...

Excerpt: ...s by 12/17/22. Because no party sought sanctions, the Court did not impose sanctions. 3. Motion to Compel Compliance and for $500/Day Sanction a. Parties' Positions Plaintiff contends Defendant's supplemental responses to the subject RPDs remain deficient, and Defendant did not serve responsive documents that clearly exist. She seeks an order (a) compelling Defendant to comply with the 11/02/21 order, and (b) ordering Defendant to pay $500/day in...

Excerpt: ...lso found Defendant acted with fraud, malice, or oppression. After the jury rendered its verdict, the parties proceeded to a sidebar conference with the Court. At that time, Plaintiff indicated she was not ready to proceed to prove up the amount of punitive damages. The transcript from those proceedings reveals that the Court asked when the parties would be ready for Phase Two. The Court stated its preference would be to go forward on Monday (3/1...

Excerpt: ...ing party, but they were unable to come to an agreement regarding the amount of attorneys' fees and costs to be awarded. 2. Motion for Attorneys' Fees and Costs a. Parties' Positions Plaintiff seeks to recover his attorneys' fees, costs, and expenses pursuant to Civil Code §1794(d), which permits such recovery when a plaintiff prevails in a lemon law case. Plaintiff contends his attorney's rates and number of hours charged are reasonable, and se...

Excerpt: ... of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of the ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading th...

Excerpt: ...19, Plaintiff dismissed the arbitration. On 12/13/19, at a post-arbitration status conference, Plaintiff stated that he dismissed the arbitration because AAA did not have jurisdiction over the parties' dispute. The Court asked for briefing on the issue, and on 3/12/20, it again compelled arbitration. It subsequently denied Plaintiff's motion for reconsideration of the issue. On 3/02/22, the arbitrator issued his final award in the action. He foun...

Excerpt: ...ce of process, through substitute service on Jane Doe, an Hispanic female, age 30+, 5'4”, 130 pounds, who refused to give her name. Service occurred on 4/13/21, and the papers were also mailed to the same address on 4/13/21. On 6/21/21, at Plaintiff's request, the Clerk entered Defendant's default. On 6/28/21, also at Plaintiff's request, the Court entered judgment. 2. Motion to Vacate Default and Default Judgment a. Parties' Positions Defendan...

Excerpt: ... is good cause. Plaintiff correctly notes that Defendant failed, in the moving papers, to show “good cause” for each document request. This is required per Code. Defendant failed to address the argument in reply. If the parties remain unable to resolve their issues, Defendant must show good cause for each document request in dispute in connection with the joint statement (discussed below). The second issue is the substance of Plaintiff's stat...

Excerpt: ... 526, when the three-day notice is not based on a reasonable estimate of the actual rent due, it is defective and the defendant is entitled to judgment as a matter of law. Plaintiff opposes the motion. It concedes most of the facts in the moving papers and concedes the applicable law. It contends, however, that the lease modification upon which Defendant relies in the moving papers was not in writing, and the parties' contract requires all modifi...

Excerpt: ...n for leave to file a Second Amended Complaint, which is operative at this time. The SAC includes causes of action for breach of written lease, breach of oral lease, and waste. 2. Motion for Judgment on the Pleadings Directed at Second Amended Complaint a. Parties' Positions Plaintiff added Millbrook Kitchens, Inc. as a defendant by way of the SAC. Millbrook moves for judgment on the pleadings on the SAC, contending the first cause of action fail...

Excerpt: ...action. The declaratory relief causes of action seek declarations that (a) Plaintiff did not have to pay rent to Defendant, at all, during the time it was not allowed to operate under Covid regulations, and (b) Plaintiff only has to pay proportionate rent to Defendant during the time Plaintiff was subject to maximum occupancy regulations due to Covid. Plaintiff also seeks a return of monies it paid prior to determining it did not need to pay moni...

Excerpt: ...sue largely for emotional distress suffered as a result of Justin's serious injuries. 1. Motions for Summary Judgment a. Initial Note There are two summary judgment motions on calendar today. The first is by Defendant, Pacific World Corporation. The second is by Defendant, Zircon Corporation. The motions are nearly identical. Pacific World Corporation contracted with Turbo Express, Inc. to transport beauty tools and nail care cosmetics, primarily...

Excerpt: ... breach of the duty of good faith and fair dealing, and fraud. Plaintiffs' complaint arises out of Defendants' handling of Plaintiffs' insurance claim relating to two vintage Rolls Royce automobiles, both of which were damaged seriously during a theft from Plaintiffs' storage space. 2. Motion for Protective Order a. Parties' Positions Defendants seek an order precluding Plaintiffs from deposing Richard Whitt and McKeel Hagerty, contending they ar...

Excerpt: ...action. The declaratory relief causes of action seek declarations that (a) Plaintiff did not have to pay rent to Defendant, at all, during the time it was not allowed to operate under Covid regulations, and (b) Plaintiff only has to pay proportionate rent to Defendant during the time Plaintiff was subject to maximum occupancy regulations due to Covid. Plaintiff also seeks a return of monies it paid prior to determining it did not need to pay moni...

Excerpt: ...inancials and present value of the boat should be excluded under Evidence Code §352. Defendant opposes the motion. It argues (a) the motion is premature, as expert depositions have not yet been conducted, (b) the expert testimony is all relevant to the issues presented, and (c) the expert testimony is not cumulative in nature. The first issue is whether the proposed expert testimony is cumulative. The parties agree that, pursuant to South Bay Ch...

Excerpt: ...dants filed the cross-complaint on 1/13/22. 2. Demurrer to Cross-Complaint a. Allegations of Cross‐Complaint Defendants allege Osborne presented Singhal with a proposal for installation of a solar power system on the property, which proposed included a schedule of front- loaded progress payments, which Osborne stated were necessary because Solar Source lacked capital. Osborne convinced Singhal to enter into the agreement based on the representa...

Excerpt: ...aundering of an allowance. 2. Demurrer to Complaint (Defendant, The Honorable Judge Holly Fujie, Judge of the Superior Court, County of Los Angeles, erroneously sued as Judge Holly Fudjie) a. Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the tr...

Excerpt: ... case, and four of his heirs are plaintiffs in the second case. On 1/12/21, the Court consolidated the two actions for all purposes. 2. 2/10/22 Ruling on Summary Judgment Motion On 2/10/22, the Court heard and denied MSC's summary judgment motion. As it relates to the instant motion for reconsideration, the Court ruled: 49 CFR §452.9(a)(1) obligates the “owner” of a container to inspect it whenever there is an on-hire/off-hire exchange. MSC,...

Excerpt: ...een self-represented since that time. 2. Motion to Dismiss Defendants scheduled a hearing on a motion to dismiss for 4/19/22. On 3/11/22, Plaintiff filed a Notice of Objection to the motion. The Court does not, however, have any record of any motion to dismiss actually having been filed in the case. There is no motion in the file. The Court's tentative ruling is therefore to take the motion to dismiss off calendar. If Defendants have proof of fil...

Excerpt: ...action. The declaratory relief causes of action seek declarations that (a) Plaintiff did not have to pay rent to Defendant, at all, during the time it was not allowed to operate under Covid regulations, and (b) Plaintiff only has to pay proportionate rent to Defendant during the time Plaintiff was subject to maximum occupancy regulations due to Covid. Plaintiff also seeks a return of monies it paid prior to determining it did not need to pay moni...

Excerpt: ...st Amended Complaint. The FAC includes causes of action for accounting, negligence, and unfair competition. The crux of the FAC is that Defendant has refused on an ongoing basis to tell Plaintiff how much is due on her loan and failed to act with due care in connection with a request for a loan modification. 2. Demurrer a. Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law,...

Excerpt: ...tiff alleges each defendant was the agent, employee, principal, partner, or servant of each other defendant (¶10). Plaintiff alleges each defendant willfully conspired and engaged in a common enterprise with each other defendant (¶12). Plaintiff alleges each defendant was the agent, representative, servant, employee, principal, joint venturer, co-conspirator, management company, and/or representative of each other defendant (¶13). Plaintiff al...

Excerpt: ...omplaint, which was filed on 10/08/20. It includes causes of action for negligence and negligence per se – wrongful death, survival, products liability (strict), and products liability (negligence). 2. Motion for Judgment on the Pleadings/Motion to Strike a. Initial Note Xenon's MJP and motion to strike are substantially similar, and will be discussed together. The motion for judgment on the pleadings seeks judgment on the first cause of action...

Excerpt: ...ry 23, 2020, a trial was held on the five causes of action detailed above. On February 26, 2020, the jury returned a verdict in favor of Defendant on all causes of action. On March 6, 2020, the court disposed of the action due to the jury verdict. Plaintiffs have appealed the verdict and resulting judgment. On 5/28/21, Defendant passed away. 1. 11/30/21 Motion to Substitute On 11/31/21, the Court heard Defendant's motion to substitute Defendant/D...

Excerpt: ... on that basis suffered from retaliation, including doubling the number of students in her classes and unwarranted and disproportionate disciplinary action. On August 24, 2021, Plaintiff filed her complaint against Defendant and Does 1 to 20 asserting three causes of action: (1) retaliation for protected activity; (2) sexual harassment; and (3) gender based discrimination. On February 8, 2022, the Court so‐ordered the parties' stipulated protec...

Excerpt: ...udgment”), attached to Plaintiff's complaint as exhibit 2, the family court adopted the parties' marital settlement agreement (“MSA”) as to the final orders. (Compl. Ex. 2.) In the Property Division Orders, the Court awards Plaintiff “2003 Infinity; Jewelry; LBUS FCO Accounts ending in 3377; Midland TSA; AXA TSA; and CalPERS pension”. (Id. at ¶ 501.) In the Property Division Orders for Defendant, the court awards as separate property t...

Excerpt: ...tance Account Act. Plaintiffs filed their complaint on 3/03/20, and Defendants filed an answer on 10/07/20. Plaintiffs' complaint includes causes of action for California Superfund Act, Negligence, Trespass, Nuisance, Breach of Contract, and Declaratory Relief. Defendants have cross-complained against, among others, United Fabricare, contending it is responsible in whole or in part for the subject contamination. There are multiple cross-complaint...

Excerpt: ...di (erroneously sued as Shervin Azodil). On February 14, 2022, defendants Payam Sadeghi and Shervin Azodi (collectively, “Defendants”) filed the pending Demurrer to the Complaint. The pending Demurrer is unopposed. 2. Demurrer a. Meet and Confer Prior to filing a demurrer, the demurring party is required to satisfy their meet and confer obligations pursuant to CCP, section 430.41 and demonstrate that they so satisfied their meet and confer ob...

Excerpt: ...ubject Property for $8,500,000.00. (Compl., pp. 2:28‐3:4.) Prior to filing the instant action, Plaintiff filed its first action against Defendants Willow on March 17, 2021 (“First Action”). (Koz. Decl., Ex. A (for a copy of the First Action).) It also filed and recorded its first notice of pendency of action , or lis pendens, clouding the title to the Subject Property on March 19, 2021. (“First Lis Pendens”). (Koz. Decl., Ex. B (for a c...

Excerpt: ... Background and Procedural History Plaintiff, Terry Cleveland filed this action against Defendants, Peter Star and Orange Holdings, LLC for damages and other relief relating to a landlord-tenant dispute. Plaintiff filed his complaint on 1/13/20. The complaint alleges Defendant, Star owns the apartment building where Plaintiff resides (¶4), and Defendant, Orange Holdings, LLC is the management company for the building (¶6). Plaintiff alleges eac...

Excerpt: ...aintiff, ACMC Finance and Trade LLC Notice: OK 1. Relevant Procedural History Plaintiff, ACMC Finance and Trade, LLC filed this action against Defendants, Energy Trading Company, LLC, Petro Diamond, Inc., Jack Khachatryan, Sona Apikian, Sargis Khachatryan, Gianni Saryan, John Davids, and Dennis Rogers, Jr. on 12/20/19. On 5/07/20, Plaintiff filed an application to serve Jack Khachatryan, Sona Apikian, Sargis Khachatryan, and Gianni Saryan by publ...

Excerpt: ...istribution, LLC Opposing Party: Plaintiff, Jose Davila Notice: OK Motion for Leave to Amend and Motion for Reconsideration Moving Party: Plaintiff, Jose Davila Opposing Party: Defendant, Weber Distribution, LLC Notice: OK 1. Background Facts Plaintiff, Jose Davila filed this action against Defendant, Weber Distribution Warehouses, Inc. (“WDWI”) for nuisance, negligence, IIED, NIED, and trespass arising out of Defendant's operation of a noisy...

Excerpt: ...ublic in violation of Carson Municipal Code §4201 that, if proved, would constitute reasonable cause to believe each of the Plaintiffs had committed a crime in Deputy Billoup's presence?” The jury answered yes to the question, and therefore the Court entered a defense verdict. Plaintiffs appealed. The issue on appeal was (a) whether §4201 was valid in light of Penal Code §647(f), (b) whether the special verdict form and related jury instruct...

Excerpt: .... 2. 1/20/22 Hearing on Motion for Terminating Sanctions The Court was originally scheduled to hear this motion on 1/20/22. The Court found Defendant's responses to RPDs and special interrogatories remained deficient, but found imposing terminating sanctions without first giving Defendant an opportunity to supplement his responses would be unduly harsh. 3. Analysis On 3/02/22, the parties submitted a joint statement of items remaining in dispute....

Excerpt: ... breach of the duty of good faith and fair dealing, and fraud. Plaintiffs' complaint arises out of Defendants' handling of Plaintiffs' insurance claim relating to two vintage Rolls Royce automobiles, both of which were damaged seriously during a theft from Plaintiffs' storage space. 2. Motion to Compel Compliance with Document Subpoena a. Proof of Service Defendants filed proof of service of the moving papers on Plaintiffs and Co- Defendants. The...

Excerpt: ...s not reside at the location where it was served. On 6/22/21, the Court granted Plaintiff's motion for leave to amend the complaint to name Defendant, Weber Distribution, LLC. On 11/04/21, the Court sustained in part and overruled in part Defendant's demurrer to the FAC; the Court ordered Plaintiff to file a Second Amended Complaint, which he did on 11/19/21. 2. Motion to Compel Further Responses a. History of Discovery Dispute Defendant propound...

Excerpt: ...ing to accrue, on the loan. On 9/09/21, Defendant filed an answer to the complaint. Additionally, Defendant filed a cross-complaint against Plaintiff, as well as the entities Primary Care Associates of California and Healing Hand Family Clinic. The cross-complaint is also for breach of contract, fraud, and related claims. Defendant alleges Plaintiff and his related entities offered him $80,000 in moving expenses in order to work as the administra...

Excerpt: ...te between Plaintiffs and Defendants concerning the use of adjacent boat slips. The case went to trial by jury, and on 10/28/21, the jury returned a defense verdict. 2. Motion for Attorneys' Fees a. Parties' Positions a. Parties' Positions On 2/16/22, Defendants filed a timely motion for attorneys' fees. They seek to recover $282,789.56 in attorneys' fees and $85,646.81 in costs by way of the motion. They contend they are entitled to recover fees...

Excerpt: ... Beneteau. Volvo manufactures engines for yachts and other parts. The 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. On 11/19/20, the Court granted Plaintiff's motion for leave to file a Third Amended Complaint. The TAC made various minor changes, and also added a claim for violation of the Magnuson-Moss Consumer War...

Excerpt: ...cite both. The Court finds DE law governs, and will therefore cite DE law, which is largely in accord with CA law, in this ruling. Pursuant to Carson v. Allegany Window Glass Co. (C.C.D. Del. 1911) 189 F. 791, 796, a distinction is made between “solvent” and “insolvent” businesses. If a business is solvent, a receiver can only be appointed upon a showing of fraudulent, willful, or reckless mismanagement of the business and affairs. If a b...

Excerpt: ...nt seeks judicial notice of Plaintiff's complaint and operative FAC. The RJN is granted. b. Meet and Confer Defendant supports its motion with the Declaration of Elizabeth T. Schaus, which shows attempts to meet and confer prior to filing were adequate. c. Law Governing Punitive Damages Against an Employer Pursuant to Civil Code §3294(b), “An employer shall not be liable for damages pursuant to subdivision (a), based upon acts of an employee o...

Excerpt: ...er foreign investors, contributed a total of $35,609,000 into MXY D (which served as a vehicle to loan Plaintiffs' funds to MXY H) in exchange for their Class B shares in MXY D, as well as the promise of being treated as if they were direct holders of Debentures, entitling them to, among other things, equity in MXY H if it went public. (Complaint, ¶¶ 34-44.; Morante Decl., ¶¶ 10-13.) Around December 2020, it became clear that MXY H would not ...

Excerpt: ...cer had been substituted, and failed to notify Plaintiff of his right to a meeting prior to initiating foreclosure proceedings. 2. Demurrer a. Standard on Demurrer A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing party's pleading. It is not the function of the demurrer to challenge the truthfulness of the complaint; and for purpose of t...

Excerpt: ...State of California (Caltrans); Jessica Phillips; Lonnie Phillips; Tanesha Phillips; Tara Joy Fernandez; Sergio Fernandez; Shark Helmets North America, LLC (“Shark Helmets”); and Does 1 through 125. The Hirai Plaintiffs allege that, on November 14, 2018, Officer Toshio Hirai (“Decedent”) was riding his police motorcycle on his way to work for the Gardena Police Department. The Hirai Plaintiffs allege that as Decedent was nearing the subje...

Excerpt: ...medical ailments. In 2016, he became a 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. ...

Excerpt: ...of Emotional Distress. Plaintiffs allege that on November 1, 2018 Defendant James Lee (“Lee”), while employed for Defendant Marlowe Buss, LLC, was transporting passengers, including Plaintiffs, on a bus to a Halloween event at the Queen Mary. Plaintiffs further allege that Lee failed to respond to the passengers' concerns regarding the duration of the trip, and as a result, the passengers demanded to get off the bus. This allegedly resulted i...

Excerpt: ...nts of real property located at 689 Temple Avenue, Apt 105, Long Beach, CA. Plaintiffs allege that, starting June 2015 through February 2019, they experienced floods in their unit due to backups in the main sewer line and that because Defendants failed to fix the main sewer line despite complaints by Plaintiffs, the habitability of their unit became severely compromised. Plaintiffs allege they also experienced issues with mold, which Defendants f...

Excerpt: ...with Plaintiffs. After significantly injuring Plaintiffs and holding them, Defendants made an allegedly false report to the police cause Plaintiffs to be prosecuted. RELIEF REQUESTED: Strike fifth cause of action for malicious prosecution under CCP §425.16 (anti-SLAPP) SUMMARY OF ISSUES: The Plaintiff's fifth cause of action is based on the Defendants making allegedly false statements to the police causing Plaintiffs to be prosecuted. Since thes...

Excerpt: ... and which alleges Bonita desired to purchase a truck from Vale and secured financing from Plaintiff; despite payment to Vale, Vale never delivered the subject truck to Bonita, and instead sold the vehicle to Feliciana Navarrete. On 9/01/20, Plaintiff dismissed Bonita and Santana from the complaint, leaving claims against Vale only. On 12/17/20, Vale filed a cross-complaint against Bonita Express, Inc., Hugo Santana, Fortia Enterprises, Inc., Say...

Excerpt: ...venant of Good Faith and Fair Dealing; and 7. Accounting. Plaintiff alleges it is a freight shipping and trucking company that provides transportation, logistics, and distribution services nationwide. In October of 2020, Plaintiff retained HHM and RAM, both of which provide trucking, transportation, and/or logistics services, to assist Plaintiff with providing such services to its customers on an as-needed, subcontract basis. Plaintiff alleges, a...

Excerpt: ... not a named party to the lawsuit. Additionally, the FAC is unclear, but it appears Plaintiff is alleging both Defendant and Oliveras were the landlords of the property. Plaintiff alleges Defendants promised the property would be used only by Plaintiff, her son, and Oliveras. However, once Plaintiff moved in, Oliveras started slandering Plaintiff, making false reports to DCS, verbally abusing her, etc. Plaintiff alleges Defendants wrongfully move...

Excerpt: ...6) IIED, (7) negligence, (8) unlawful retention, (9) assault, (10) battery against Defendants Blanton Carroll Blanton Trust (“Trust”), Gail Blanton (“Gail”), Roger N. Blanton (“Roger”), Jason Carroll (“Jason”), Anthony Nieri (“Anthony”). The FAC alleges in pertinent part that Plaintiffs were discriminated against and harassed by defendants while they were tenants at defendants' apartments. Roger, Gail, and Jason (hereinafter r...

Excerpt: ...injunction; (2) quiet title; (3) elder abuse; and (4) declaratory relief. Defendants are Plaintiff's children, Patrick Chim and Chantha Chim, and their respective spouses, Maria I. Haban and Mekphachanh Chanthaphasouk. Plaintiff alleges her eldest son, Patrick, convinced her to sign over title to him in 2007. She and her husband had divorced, and Patrick convinced her it was in her best interest to sign the title over to him. Because he was the e...

Excerpt: ...ct, breach of the duty of good faith and fair dealing, and fraud. Plaintiffs' complaint arises out of Defendants' handling of Plaintiffs' insurance claim relating to two vintage Rolls Royce automobiles, both of which were damaged seriously during a theft from Plaintiffs' storage space. 2. Motion to Permit Financial Discovery a. Parties' Positions Plaintiffs move for an order permitting them to conduct financial discovery. They contend they are li...

Excerpt: ...eatment. 2. Petition to Approve Compromise of Minor Plaintiff, by and through her GAL and attorney of record, has agreed to settle all claims with Defendants, Long Beach Memorial Medical Center and Magella Medical Group, Inc. for the total amount of $3,750,000. It the settlement is approved, $180,119.41 will be used to satisfy a Medi-Cal lien, $609,135.24 for attorneys' fees, and $266,876.21 for costs of suit. The net balance to Plaintiff will be...

Excerpt: ... hemorrhage, which ultimately resulted in his death. 2. Motion re: Arbitration Fees a. Motion to Compel Arbitration On 12/21/21, Defendants responded to the complaint by filing a motion to compel arbitration. The motion is set for hearing on 6/16/22. Defendants contend Decedent executed a binding arbitration contract that requires him to submit this dispute to binding arbitration for resolution. b. Parties' Positions Plaintiff seeks an order requ...

Excerpt: ... Gaucho Grill, B.A. group, Inc. dba Agaves Restaurant. Defendant will be referred to as “Agaves” throughout this ruling. 2. Motion for Summary Judgment a. Burdens on Summary Judgment Summary judgment is proper “if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Code Civ. Proc. §437c(c).) Where a defendant seeks summary judgment or...

Excerpt: ...se Plaintiff did not have the credit rating necessary to purchase the property in his own name. In 2000, Mayorga wanted to divest himself of the property, and transferred his interest to Defendant. Plaintiff alleges he has lived in the property at all times since the purchase, and has made all mortgage, property tax, and insurance payments, in addition to paying all utilities, maintenance, and repair costs on the property. Plaintiff alleges Defen...

Excerpt: ...their deficiency. Plaintiff filed the complaint on 10/25/21. 2. Motion to Quash a. Procedural History Defendants, Green Nine Group, LLC, Payam Sadeghi, and Shervin Azodil filed a motion to quash on 12/06/21, setting it for hearing on 5/31/22. On 12/17/21, the Court granted Plaintiff's ex parte application to advance the hearing date from 5/31/22 to 2/01/22. b. Law Governing Motion to Quash Under CCP §418.10(e), added in 2002, a defendant or cros...

Excerpt: ...on the same day, filed objections to consideration of the evidence. The Court, prior to the hearing, issued a tentative ruling sustaining the objections and denying the motion on the basis that there was no evidence filed with the moving papers. 2. Ex Parte Hearing On 12/02/21, Defendant filed an ex parte application for the Court to consider the belatedly filed exhibits in support of its motion and/or to continue trial to allow Defendant's motio...

Excerpt: ... Bar, and have not been granted permission to appear pro hac vice, are prohibited from representing a party in California courts. Gentis v. Safeguard Bus. Systems, Inc. (1998) 60 Cal.App.4th 1294, 1308. Absent consent, local practice by out-of state counsel in California courts is disallowed. Birbrower, Montalbano, Condon & Frank v. Sup. Ct. (1998) 17 Cal.4th 119, 130; Consumers Lobby against Monopolies v. PUC (1979) 25 Cal. 3d 891, 914 n.11. See...

Excerpt: ...se of action is asserted against all of the defendants. 2. Motion for Summary Judgment a. Parties' Positions Defendants, Naxt Motors, Inc. and Xinxian Gao (collectively “Naxt”) move for summary judgment on Plaintiff's complaint, contending they did not own the vessel on which Plaintiff was injured on the date of the incident. Defendants contend they sold the vessel to RSC on 8/05/19. The next day, Yu, on behalf of RSC, told Naxt that he did n...

Excerpt: ...nd Beneteau. Volvo manufactures engines for yachts and other parts. The 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. On 11/19/20, the Court granted Plaintiff's motion for leave to file a Third Amended Complaint. The TAC made various minor changes, and also added a claim for violation of the Magnuson-Moss Consumer W...

Excerpt: ...aint on 7/12/21. Defendant contends Plaintiff was obligated to exhaust his PAGA administrative remedies within one year after his employment terminated, and the failure to do so divests the Court of jurisdiction over the action. Plaintiff argues the one-year statute of limitations to file a civil action was tolled due to Covid-19, and there is no separate one-year statute of limitations that applies to the LWDA notice. This is an interesting ques...

Excerpt: ...prior to working at Paramount, worked at Glacial Garden, which was owned by White. Plaintiff alleges Glacial Garden fired Vincent when a staff member caught him in a dark locked room with a minor skater, a small boy, hiding under a bench with Vincent sitting over him. The staff member had witnessed other boundary violating behaviors by Vincent. After Glacial Garden fired Vincent, he applied with Paramount; Paramount vetted Vincent before hiring, ...

Excerpt: ... the Court dismissed the action. Plaintiff appealed the order. The Court of Appeals affirmed in part and reversed in part, as will be discussed further below. Plaintiff's operative complaint is her Second Amended Complaint, filed on 8/19/21. The FAC includes causes of action for enforcement of oral contract, imposition of constructive trust, enforcement of quasi-contract, and tortious interference of contractual relations. The crux of Plaintiff's...

Excerpt: ... 7/19/21, Griffith answered the complaint and filed a cross-complaint against R.J. Noble for breach of contract and related claims. On 10/25/21, Plaintiff dismissed the City, and the City dismissed its cross- complaint. On 11/23/21, pursuant to stipulation between the parties, Plaintiff filed its operative First Amended Complaint. 2. Motion for Leave to Amend a. Parties' Positions Plaintiff seeks leave to amend its complaint against Griffith to a...

Excerpt: ...signment of rents. Plaintiff alleges Defendant, in his individual capacity, and without the knowledge of Plaintiff, assigned all rights to the property to his trust. Plaintiff seeks damages for breach of contract, reformation of contract to reflect the trust's relationship to the contract, and judicial foreclosure of the secured property interest. Plaintiff filed proof of service on Defendant by substitute service on 10/02/20. The POS shows servi...

Excerpt: ...hanged expert designations on 4/26/21 pursuant to Eversoft's 3/31/21 demand to do so. Eversoft designated Rosen and Kunkel as its experts. On 12/10/21, Eversoft served another demand for expert exchange, which had an exchange date of 1/04/22. On 12/13/21, Erlandson attempted to contact Eversoft to meet and confer about the new demand. On 12/28/21, Erlandson filed an ex parte application for a protective order seeking relief from the demand or, al...

Excerpt: ...ns. 2. Motion for Terminating Sanctions a. Parties' Positions Plaintiff seeks imposition of a terminating sanction against Defendant, contending he has failed to provide basic information in response to interrogatories, has failed to produce any documents other than those that were attached to the complaint itself, and has provided responses to interrogatories that are internally inconsistent. Defendant opposes the motion. He argues Plaintiff fai...

Excerpt: ...1. Plaintiff filed its operative First Amended Complaint on 11/08/21. The FAC is substantively the same as the original complaint. 2. Demurrer a. Parties' Positions Defendant, in pro per, filed a demurrer to the FAC on 11/18/21. Defendant argues the FAC is deficient because it “simply ordered me to vacate, without giving me alternative of stopping any legal matters pertaining to my case.” Defendant cites CCP §1161(3) and Feder v. Wreden Pack...

Excerpt: ...aint indicates it is pled against Regus-Long Beach (employees and clients), IWG (management), and TSI Commercial Division. Plaintiff indicates her complaint includes causes of action for retaliatory eviction and violation of Covid-19 eviction moratorium, and also mentions discrimination, identity theft, and termination, no valid reason, accusations not right/wrongful. The complaint does not contain any substantive or factual allegations against a...

Excerpt: ... property solely in Defendant's name, but in “Trust” for the benefit of both parties. She alleges the parties' trust agreement provided for Plaintiff to pay the $50,000 good faith deposit and $141,000 toward the down payment, while Defendant contributed $151,000 “towards the purchase” (with no indication of whether it was deposit, down payment or otherwise). She alleges the parties agreed the house would be in Defendant's name only becaus...

Excerpt: ...;  The California Department of Public Health issued notices of deficiencies to Defendants, which show a history and pattern of understaffing, under-funding, and neglect and abuse;  Defendants also received an Administrative Penalty concerning failure to provide sufficient nursing hours per patient, as well as a Class B Citation for quality of care;  Defendants have ratified all conduct at issue in the case;  Decedent was 96 years old...

Excerpt: ...matter to 1/13/22, to be heard with the demurrer. Despite the fact that there is no cross-complaint on file, on 11/23/21, Plaintiff filed a demurrer to a cross-complaint; the hearing on the demurrer to the non-existent cross-complaint is scheduled for 4/26/22. 2. Demurrer to Complaint a. Allegations of Complaint Plaintiff alleges it entered into an agreement with Defendants pursuant to which Plaintiff would install solar panels on Defendants' pro...

Excerpt: ...nt, which Plaintiff filed on 3/17/18, was that Young and Hill were each 50% owners of Advanced Orthopedic Medical Group, Inc., which subsequently was amended to the name Long Beach Advanced Orthopedics Medical Center. In 2017, Plaintiff learned that Hill was diverting funds and failing to properly account for income. Hill filed a cross-complaint against Young in her individual capacity and also against Serena Young, M.D., a professional corporati...

Excerpt: ...ll claims against it. Leslie Hagan-Morgan is deceased. 2. Motion for Summary Adjudication a. Parties' Positions Plaintiff moves for summary adjudication of Morgan's 13 th affirmative defense, waiver. Plaintiff contends the governing CC&Rs do not contain any provision that waives Plaintiff's right to seek subrogation damages from Morgan. Morgan opposes the motion. She argues the CC&Rs provide a wavier for the association and “others,” and she ...

Excerpt: ...he RV was defective in numerous respects. On 4/03/19, Plaintiffs named LA Discount RV Rental as Doe 1, Stuart Silver as Doe 2, and Wendy Everett as Doe 3. On 4/17/19, Plaintiffs named Isaiah Earl Boatwright as Doe 4 and Isaiah Earl Boatwright, Jr. as Doe 5. 2. 8/11/21 Hearing On 8/11/21, the Court heard and OSC re: failure to file proof of service and OSC re: failure to prosecute and dismissal. The Court found proof of service as to LA Discount R...

Excerpt: ...st case, and four of his heirs are plaintiffs in the second case. On 1/12/21, the Court consolidated the two actions for all purposes. 2. Motion for Summary Judgment a. Parties' Positions Unicarriers Americas Corporation f/k/a Nissan Forklift Corporation moves for summary judgment on the complaint, contending it is entitled to judgment as a matter of law because it did not design, manufacture, or distribute the subject forklift, and it did not ev...

Excerpt: ...a, as his GAL. The Court granted the application, which established Plaintiff has debilitating MS and suffered serious bedsores while at Defendants' facility. The case was originally assigned to the personal injury hub court, where Beverly West's motion to compel arbitration was fully briefed. The personal injury court transferred the matter to Long Beach for all further proceedings, and the hearing on the motion to compel arbitration was resched...

Excerpt: ...al. filed a complaint (20STCV36571) against the same defendants for wrongful death arising out of the same incident. Three of Decedent's heirs are plaintiffs in the first case, and four of his heirs are plaintiffs in the second case. On 1/12/21, the Court consolidated the two actions for all purposes. 2. Motion for Summary Judgment a. Parties' Positions Rovar Properties, Inc. moves for summary judgment, contending it is entitled to judgment as a ...

Excerpt: ...000/month but would be granted an interest in IEC's eventual sale proceeds in the range of 10% to 20% of the total sale price. Snyder told Plaintiff they would negotiate the exact amount near the time of the sale. Plaintiff alleges he successfully grew the business, and in late 2006, Snyder sought a buyer for IEC. There was an interested buyer, but Snyder decided not to sell. Snyder asked Plaintiff to be patient, as the value was increasing. Snyd...

Excerpt: ...nant of Good Faith and Fair Dealing;  Accounting. Plaintiff alleges it is a freight shipping and trucking company that provides transportation, logistics, and distribution services nationwide. In October of 2020, Plaintiff retained HHM and RAM, both of which provide trucking, transportation, and/or logistics services, to assist Plaintiff with providing such services to its customers on an as-needed, subcontract basis. Plaintiff alleges, as par...

Excerpt: ... wages 9. Unfair Business Practices 10. Declaratory Relief 11. Accounting The crux of Plaintiff's SAC is that Plaintiff and Defendant, Matrix Environmental, Inc. (“MEI”) entered into an agreement pursuant to which Plaintiff would lead the expansion of MEI's demolition business through investment in and partners with MEI on demolition projects secured as a result of Pate's efforts. The parties entered into a formal partnership agreement, and M...

Excerpt: ...ected at Westbrook. Plaintiffs reserved a hearing on motions re: special interrogatories, form interrogatories, RPDs, and RFAs. Plaintiffs filed, however, motions re: special interrogatories, RPDs, and RFAs (two motions). The Court will discuss each motion separately below. b. Motion to Compel Responses to Special Interrogatories Plaintiffs propounded special interrogatories on Westbrook by email on 10/15/21 and by USPS on 10/18/21. Plaintiff cit...

Excerpt: ...dvice concerning the amount of capital gains taxes she would pay if she sold a 24-unit apartment building she owned. Specifically, Plaintiff alleges Defendants (a) failed to calculate CA capital gains taxes, and (b) underestimated federal taxes by approximately $600,000. Plaintiff alleges she would not have gone through with the sale if she had known the true amount of capital gains taxes she would have to pay. Plaintiff's complaint includes caus...

Excerpt: ...g;  The California Department of Public Health issued notices of deficiencies to Defendants, which show a history and pattern of understaffing, under-funding, and neglect and abuse;  Defendants also received an Administrative Penalty concerning failure to provide sufficient nursing hours per patient, as well as a Class B Citation for quality of care;  Defendants have ratified all conduct at issue in the case;  Decedent was 96 years ol...

Excerpt: ...ability, negligent hiring, supervision, training, and/or retention, public nuisance, survival, and NIED. The SAC includes a prayer for punitive damages and a prayer for attorneys' fees. Plaintiffs' SAC detailed the facts surrounding the shooting at ¶¶2-10. Plaintiffs alleged the property previously had self-closing and self-locking gates. However, at some point Defendants welded the gates shut. The fire department told Defendants this was again...

Excerpt: ..., and the plant was in a dangerous condition because vehicles leaving the gate at the plant do not pause or stop adequately before entering the very busy adjacent street; this is made more dangerous because the large vehicles, often carrying asphalt, must cross three lanes of traffic in order to make a left turn. 2. Motion to Compel Production or Further Responses Defendants propounded RPDs on Plaintiff, and Plaintiff served responses. The partie...

Excerpt: ...f action. The declaratory relief causes of action seek declarations that (a) Plaintiff did not have to pay rent to Defendant, at all, during the time it was not allowed to operate under Covid regulations, and (b) Plaintiff only has to pay proportionate rent to Defendant during the time Plaintiff was subject to maximum occupancy regulations due to Covid. Plaintiff also seeks a return of monies it paid prior to determining it did not need to pay mo...

Excerpt: ...ame Sunnyside Nursing Center (this defendant is referred to as “Sunnyside” hereafter);  Defendant, Quality Health Service Group provided management services for Sunnyside (this defendant is referred to as “QHSG” hereafter);  Sunnyside and QHSG received prior administrative deficiencies for failure to provide adequate care from the State of California's Department of Public Health;  Sunnyside and QHSG had financial and control pol...

Excerpt: ... attorneys' fees. Plaintiff alleges the obligation to pay rent is ongoing, and rent is due in the amount of $10,000/month. Plaintiff alleges he reserves the right to amend his complaint to allege additional amounts due and owing under the lease agreement. 2. Motion for Summary Judgment a. Parties' Positions Plaintiff moves for summary judgment on the complaint, contending the undisputed facts show Defendants are in breach of their obligation to p...

Excerpt: ...rayer. On 6/09/21, Plaintiff filed a Notice of Errata. The Errata provides a copy of the entire complaint, the main body of which was missing from the original filing. The body of the complaint explains that Plaintiff and Defendant, Lucy Ramirez jointly purchased a property, which was a four-unit apartment building in need of substantial renovations. The parties had a written agreement, and commenced efforts to remodel the units. However, Defenda...