Excerpt: ...n coercive or threatening conduct separate and apart from the detention itself. At the end of 2014, the case went to trial. The jury found in favor of the plaintiffs and against the defendants. Specifically, the jury found:  Defendant, Aviles was liable for battery and was 20% at fault for Decedent's death;  Defendant, Beserra was liable for negligence and was 20% at fault for Decedent's death;  Decedent was 40% at fault for his own deat...

Excerpt: ...all of which the City has ordered Defendants to cease. The Court issued a preliminary injunction enjoining Defendants from continuing to engage in the subject behavior. Thereafter, Plaintiff sought a contempt order against Defendant, Daksha Patel based on her violation of the injunction. The Court found Defendant in contempt in October of 2020, but failed to sign a judgment based on the findings. On 6/17/21, the Court signed the contempt judgment...

Excerpt: ...anuary 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. 2. Motion to Substitute a. Parties' Positions Defendant's husband, Michael J. Polak, moves to be subst...

Excerpt: ...ous 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 pape...

Excerpt: ... the required payments through 12/15/21, such that only $65,000 total must be paid. The stipulation permits Plaintiffs to file the stipulation and seek entry of judgment in the event Defendants fail to timely make the required payments. On 5/17/21, the parties filed a stipulation to dismiss the case with the Court retaining jurisdiction to enforce the parties' settlement; the Court signed an order on the stipulation. 2. Motion for Entry of Judgme...

Excerpt: ... Application for Right to Attach Order a. Relief Sought Plaintiff seeks an attachment order in its favor and against Defendant, Maxum Direct in the amount of $66,238.15, which amount includes $2000 in estimated costs and $15,000 in estimated attorneys' fees (these numbers are interposed at ¶8 of the application). Plaintiff seeks to attach “any property of a defendant who is not a natural person.” Plaintiff supports its application with the D...

Excerpt: ... the RV was defective in numerous respects. On 4/03/19, Plaintiffs named LA Discount TV 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. On 3/25/21, Plaintiffs dismissed Defendant, Stuart Silver without prejudice. 2. Motion to Tax Costs a. Memorandum of Costs On 4/01/21, Silver filed a memorandum of costs. In connection with ...

Excerpt: ...: (1) an order compelling Plaintiff to appear for her deposition; and (2) a protective order allowing Defendant not to respond to Plaintiff's interrogatories and inspection demands until 14 days after Plaintiff appears for her deposition. Defendant also seeks $1,650.00 in monetary sanctions against Plaintiff and her counsel. Plaintiff opposes and seeks $2,450.00 in monetary sanctions against Defendant and its counsel. 2. Legal Standard a. Compel ...

Excerpt: ... other 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 ...

Excerpt: ...iser”), John Austin (“Austin”), Anthony Serrano (“Serrano”), Anthony W. Trujillo (“Trujillo”), Jerome Chiaro (“Chiaro”), and Belmont Station, Inc. (“Belmont”) for (1) tortious interference with prospective economic advantage, (2) conversion, (3) conspiracy, (4) trespass to real property, and (5) trespass to chattels. b. Case No. 20LBCV00301 On September 25, 2017, Plaintiffs Don Heckman (“Heckman”) and Belmont, individual...

Excerpt: ...lied Warranty of Habitability;  Statutory Breach of the Implied Warranty of Habitability;  Contractual and Tortious Breach of the Covenant of Quiet Enjoyment;  Nuisance;  IIED;  Negligence;  Violation of Civil Code §789.3;  Violation of Civil Code §1940.2;  Violation of Civil Code §1942.5;  Violation of CCP §1159;  Violation of BPC §17200, et seq.;  Violation of LAMC §151.04;  Negligent Hiring, Training, ...

Excerpt: ...ion for Leave to Amend Answer Defendant moves to amend its answer to assert two additional affirmative defenses. Defendant contends relief is proper and necessary because it only recently discovered it failed to assert these defenses, and Plaintiff will not be prejudiced if it is permitted to assert them now. Plaintiff opposes the motion. She argues (a) the motion should be denied due to unwarranted delay, (b) the motion should be denied because ...

Excerpt: ...connection with the prepayment agreement and sales agreements. Specifically, TrueCar alleges it loaned DealerSync $250,000 in connection with the prepayment agreement and $750,000 in connection with the sales agreement, and DealerSync affirmed its obligation to pay the $1 million balance in connection with the amended sales agreement in 2019. TrueCar filed its complaint on 3/15/21. b. Cross-Complaint On 6/01/21, DealerSync filed an answer to the ...

Excerpt: ...ous 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 pape...

Excerpt: ... by Spain, she was employed by Postal Annex #79 (“Postal Annex”). Subsequently, based upon further investigation, Plaintiff added Charles Spain, Postal Annex and Andrew Hutchings as Defendants. The Defendants Charles Spain and Andrew Hutchings were identified as the individuals who impersonated Cossaboom as a means to obtain fraudulent loans. The Defendant Postal Annex was the employer of Fitzgerald, the notary, at the time she notarized the ...

Excerpt: ...ool locked the gate to prevent Plaintiff from leaving with the repossessed car. Thereafter, Murillo and McFadden ordered Plaintiff to leave the vehicle where it was, threatened Plaintiff, and unlawfully detained Plaintiff. Plaintiff filed his original complaint on 8/07/18. On 9/12/18, Defendants removed the case to federal district court. On 9/12/18, Plaintiff filed his First Amended Complaint. On 10/12/18, Defendants filed a motion to dismiss an...

Excerpt: ...oes 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. 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 t...

Excerpt: ...ges that on 3/31/19, in exchange for valuable consideration, Plaintiff purchased a 2018 GMC Sierra 1500, manufactured and/or distributed by Defendant. During the warranty period, the vehicle contained or developed electrical defects including a manufacturing brake light, freezing center radio screen and radio stations changing on their own, dead battery, dropped calls while using Bluetooth, and similar problems. Plaintiff took the vehicle to the ...

Excerpt: ...swered the complaint and filed a cross-complaint against State Compensation Insurance Fund (“SCIF”) for breach of contract and tortious breach of the implied covenant of good faith and fair dealing. Alpine alleges it procured workers' compensation insurance policies from SCIF commencing in October of 2013, and paid premiums for all of the policies. It alleges SCIF mishandled, overpaid, and over-reserved one or more claims made under the subje...

Excerpt: ...aint is that Plaintiff was romantically involved with Decedent, Deborah White (referred to herein as “Decedent”), who promised to give him a ½ interest in the parties' home in exchange for Plaintiff making payments toward the property and fixing up the property. However, during Plaintiff's relationship with Decedent, Decedent refinanced the property with her brother, John White (referred to herein as “Defendant”) as co-borrower, and at t...

Excerpt: ...efendants about parking and use of a garage on the property, and (c) Heacock assaulted her in connection with one of these disputes. The FAC includes causes of action for:  Hostile Environment Harassment (all defendants);  Assault and Battery (Heacock);  Negligent Hiring and Retention (F&M);  General Negligence (all defendants);  IIED (all defendants). 1. Demurrer by Defendant, Heacock a. Legal Standard on Demurrer A demurrer is a ...

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: ...ndants, prior to receiving such services and as a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by their insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendants' insurance, but as of March of 2018, Plaintiffs understood Defendants' insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendants ...

Excerpt: ...r to receiving such services and as a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by her insurance. Plaintiffs allege they made multiple attempts to obtain payment from Defendant's insurance, but as of March of 2018, Plaintiffs understood Defendant's insurance carrier would not be making any payments for the services. On 3/26/18, Plaintiffs requested payment from Defendant directly, but d...

Excerpt: ...ciently pled. Plaintiff opposes the demurrer. It argues the alter ego allegations against Li are sufficient at the pleading stage. b. Legal 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 the ...

Excerpt: ...and 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 ...

Excerpt: ...ation. Plaintiff alleges he retained Defendants to represent him in connection with an employment claim against the City of Long Beach. The trial court granted summary adjudication of all Plaintiff's claims except the FEHA retaliation claim. The matter went to jury trial in 2013 on the FEHA claim. The jury returned a verdict in favor of the City. Plaintiff then appealed the summary adjudication of the remaining claims, and the order was reversed....

Excerpt: ...swered the complaint and filed a cross-complaint against State Compensation Insurance Fund (“SCIF”) for breach of contract and tortious breach of the implied covenant of good faith and fair dealing. Alpine alleges it procured workers' compensation insurance policies from SCIF commencing in October of 2013, and paid premiums for all of the policies. It alleges SCIF mishandled, overpaid, and over-reserved one or more claims made under the subje...

Excerpt: ...d sue largely for emotional distress suffered as a result of their father's/husband's serious injuries. Plaintiff alleges Defendant, Lear Corporation supplied the third row seat in which Justin was sitting at the time of the accident. 2. Motion to Compel Further Responses Plaintiffs propounded RPDs and special interrogatories on Lear. Lear responded. Plaintiffs believed the responses were deficient, and the parties met and conferred, with Lear pr...

Excerpt: ...21, the Clerk entered Defendants' default. On 4/15/21, the Court granted Defendants' motion to vacate the default. 2. Motion to Compel Deposition a. Parties' Positions On 9/22/19, Defendants filed this motion to compel Plaintiff's deposition. Defendants contend Plaintiff has wrongfully sought to require a protective order as a condition to deposition. Defendants seek an order compelling Plaintiff's deposition and imposing sanctions. Plaintiff, in...

Excerpt: ...s, all of which charged interest in excess of the legally permissible rate, and thereafter wrongfully commenced foreclosure proceedings on Plaintiff's property based on Plaintiff's breach of a secured loan. The case has a procedural history far too complex to reiterate in this ruling. Plaintiff's Second Amended Complaint included causes of action for usury and breach of the implied covenant of good faith and fair dealing. Plaintiff agreed to dism...

Excerpt: ...ant”) was distracted by the use of his cell phone, failed to stop, and collided with Plaintiff's vehicle, causing (1) injuries to Plaintiff's upper back, shoulder, neck; (2) pain and anxiety; (3) medical bills; and (4) loss of wages and contracts. On October 30, 2020, Plaintiff filed his Complaint for personal injury. On December 01, 2020, Plaintiff filed his First Amended Complaint alleging Negligence as the cause of action. On June 10, 2021, ...

Excerpt: ... and/or drove the motor vehicle(s) so as to cause injuries and damages to her. On January 31, 2020, Stocker filed her Complaint against Herber Melara, Roberto Porras, Monique Bell and Gerald Bell alleging two causes of action for Motor Vehicle and General Negligence. On March 16, 2021, a Good Faith Settlement Application was approved by the Court for the settlement reached between Stocker, Monique Bell, and Gerald Bell. On March 26, 2021, Monique...

Excerpt: ...e RV was defective in numerous respects. On 4/03/19, Plaintiffs named LA Discount TV 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. On 3/25/21, Plaintiffs dismissed Defendant, Stuart Silver without prejudice. 2. Motion to Tax Costs a. Memorandum of Costs On 4/01/21, Silver filed a memorandum of costs. In connection with the...

Excerpt: ...aim for damages. 2. Motion for Summary Judgment a. Relief Sought Defendant seeks summary judgment on the complaint. In the alternative, it seeks summary adjudication of each cause of action in the compliant, as well as the prayer for punitive damages. b. Initial Note Opposition to the motion was due on or before 9/23/21. Plaintiffs filed the bulk of their opposition papers on 9/27/21. They also filed a corrected separate statement on 9/28/21. The...

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 mon...

Excerpt: ... the FAC prior to the hearing on the demurrer, which was therefore never ruled on by the Court. Plaintiff alleges Plaintiff and Defendant are brothers. Plaintiff alleges he provided substantial emotional and financial support to his brother while his brother was in medical school and residency, and ultimately Majtaba (Defendant) hired Matthew (Plaintiff) to run his medical practice, Friendly Care. Matthew sold his successful retail business to tr...

Excerpt: ...tly FACC) against various sub-contractor entities, all of which have filed cross-complaints against one another. The vast majority of the case has settled. The only Cross-Defendant who has not settled is B&G Sheet Metal, Inc. Maverick has assigned all of its claims against B&G to Gundry. Gundry is therefore prosecuting both its own claims against B&G and also Maverick's assigned claims against B&G. All other defendants and cross- defendants have ...

Excerpt: ...d in substantial construction at the property without permits and in violation of applicable building codes, such that AIP had to remediate the property with proper permits. 2. Motion to Bifurcate a. Procedural History Perez filed this motion on 9/08/21, setting it for hearing on 11/04/21. All parties attended a Case Management Conference on 9/09/21. The Court, at the parties' request, advanced the hearing date to 9/30/21 and ordered any oppositi...

Excerpt: ...directors of EBH Topco, LLC, which owned and operated a nationwide chain of substance abuse treatment centers called “Elements Behavioral Health.” Defendants exploited a loophole in the Affordable Care Act pursuant to which health insurance companies were required to pay for virtually unlimited drug testing in connection with substance abuse treatment. Defendants tested persons unnecessarily, submitted giant bills to health insurance companie...

Excerpt: ...The passengers on the bus became concerned, and Plaintiff approached Lee about the wrong turn. Lee became combative, and ultimately Lee elbowed Plaintiff in the stomach and forcefully shoved him back into his seat. As this occurred, other passengers were attempting to exit the bus through the windows, as Lee's behavior was so erratic and threatening as to cause them to fear continuing to ride on the bus. The complaint includes causes of action fo...

Excerpt: ...mages arising out of the same automobile accident. Castania, et al.'s operative complaint is their FAC, filed on 1/08/21. Relevant to today's demurrer, the FAC includes causes of action for motor vehicle negligence and general negligence against EAN. Plaintiffs allege EAN owned a vehicle involved in the accident. Plaintiffs allege EAN “failed to confirm whether renter possessed a valid driver's license” and “failed to reasonably inquire or ...

Excerpt: ...rt because of the ADA cause of action. Plaintiff dismissed the ADA cause of action, and the case was remanded back to the state court for further proceedings. Thus, the only cause of action remaining at issue is the cause of action for Violation of the Unruh Civil Rights Act. 2. Demurrer a. Parties' Positions Defendant demurs to the complaint, arguing (a) Plaintiff lacks standing to pursue his claims, (b) the website complies with the reservation...

Excerpt: ...ious 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 pap...

Excerpt: ...dant, 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....

Excerpt: ...he 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 beca...

Excerpt: ...hen used page two of form MC-052;  Counsel failed to provide Defendant's address after “TO” at the top of MC-051;  Counsel failed to file mandatory form MC-053, the proposed order on the motion.  Counsel failed to file proof of service of MC-051, MC-052, and MC-053 on her client. For all of the above reasons, the motion is denied. Hawley is ordered to give notice. Counsel appeared at the hearing and requested a continuance of the hea...

Excerpt: ... Edward McKenna, on behalf of the First Mexican Baptist Church, which owns Lot 12, signs a covenant granting access to Lot 12, with 22 parking spaces, to the owner of Lots 3, 4, and 5 (which at the time was G&R Enterprises, Inc. (“G&R”).  1962 – Lots 3, 4, and 5 are expanded to 12,000 sq foot, and the permit requires 22 parking spaces for the expansion.  2/14/1967 – the Church files suit against G&R, related entities, and the City f...

Excerpt: ...tion to Bifurcate a. Parties' Positions Defendant moves to bifurcate its affirmative defense of design immunity from the remainder of the case. It contends the issue of design immunity is a purely legal issue for the Court to decide, and it will be prejudiced if the issue is not bifurcated. Plaintiff opposes the motion. She argues her retained expert will establish design immunity does not apply, and factual issues relating to design immunity nee...

Excerpt: ...trine of primary assumption of the risk. They contend they did not increase the risk inherent in the sport, and therefore they cannot be liable for Plaintiff's injuries. Plaintiff, in opposition to the motion, argues the choke hold Nadow used increased the risks inherent in the sport. Plaintiff argues Defendants did not meet their moving burden on summary judgment. He argues Nadow acted with animosity toward him at the time of the incident. He ar...

Excerpt: ...ted against all three of the defendants. 2. Demurrer a. Parties' Positions Defendants, Reflex Scuba Club, Inc., Blue Propeller, and Zevhuan Yu demur to the complaint and each cause of action asserted therein. They contend the cause of action for negligence is fatally uncertain because it alleges each of the six named defendants owns, leases, insures, and/or operates the subject boat, but it does not delineate which defendant engaged in which act....

Excerpt: ... was filed in Sacramento County Superior Court. Defendants argue the parties and causes of action are the same, such that abatement of this action is mandatory. Alternative, they contend this action should be stayed pending the outcome of the Sacramento action or, at a minimum, until Defendants can seek coordination of this case with Craven and a third case, Zymberi v. APRO, which is pending in San Bernardino County Superior Court. Plaintiff oppo...

Excerpt: ...hey gave Defendant a sixty-day notice to quit on 4/27/21, but Defendant has refused to vacate the property. 2. Demurrer a. Parties' Positions Defendant demurs to the complaint. He argues the complaint is barred by the Los Angeles County eviction moratorium, of which Defendant seeks judicial notice. Plaintiffs oppose the demurrer. They do not oppose Defendant's request for judicial notice, and they do not content the moratorium, on its face, does ...

Excerpt: ... The 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...

Excerpt: ...there was a discussion between petitioner and the court at the 4/22/21 hearing regarding the undue expense of administering the SNT in light of the relatively low value to be funded into the SNT, and petitioner indicated an intention to switch plans to use a pooled SNT (The Z Pooled Trust based in California) to receive the settlement funds. Petitioner also provided a copy of the pooled SNT to be joined and a copy of a blank Joinder Agreement for...

Excerpt: ... coercive or threatening conduct separate and apart from the detention itself. At the end of 2014, the case went to trial. The jury found in favor of the plaintiffs and against the defendants. Specifically, the jury found:  Defendant, Aviles was liable for battery and was 20% at fault for Decedent's death;  Defendant, Beserra was liable for negligence and was 20% at fault for Decedent's death;  Decedent was 40% at fault for his own death...

Excerpt: ...r of law on Matharu's cross- complaint against it due to a waiver and release contained in a settlement agreement between Redshelf and Matharu obtained in connection with the settlement of Matharu's complaint against Redshelf for employment-related claims. Matharu opposes the motion. He argues Labor Code §§2802 and 2804 make clear that the release and waiver agreement, to the extent they would negate Matharu's claims, is void. b. Settlement Agr...

Excerpt: ...nia Department of Housing and Community Development (“HCD”). Plaintiff alleges she entered into a written contract with Defendant, Salinas, pursuant to which the parties agreed Salinas would assume temporary, non-physical, in-name-only ownership of the subject mobile home so Plaintiff could purchase a second home within the Belmont Shores Mobile Estates. The agreement had a termination date of 10/30/19, and Salinas was obligated to then retur...

Excerpt: ...t 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 to Quash a. 4/27/21 Ruling The Court was originally scheduled to hear this motion on 4/27/21. The Court found Plaintiff properly served Nissan Motor Co., Ltd., a foreign corporation, through its non-voluntary agent for service of process. The Court found, however, that Plaintiffs had not shown NML had suf...

Excerpt: ...the defendants be enjoined from operating, conducting, using, occupying, or in any way permitting the use of the property as a public nuisance, including an order that the individual defendants remain at least 500 feet away from the property at all times, (3) that the People be awarded costs incurred in abating the nuisance and other costs deemed just and proper, (4) that the property be closed. The complaint seeks an order, on the second cause o...

Excerpt: ... in her purse, and charged her for a second ride using the Uber app. Plaintiff's operative TAC included causes of action for: 1. Common Carrier Negligence (Uber); 2. Sexual Battery (Humberto); 3. Assault (Humberto); 4. Violation of Ralph Act (Humberto); 5. Violation of Bane Act (Uber, Humberto); 6. Violation of Civil Code §52.4 (Humberto); 7. IIED (Humberto); 8. Conversion (Humberto); 9. False Imprisonment (Humberto); 10. Negligence (Humberto); ...

Excerpt: ...nt 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 part ...

Excerpt: ... guaranteed the lease. Plaintiff alleges Defendants ceased making the required payments on the lease in December of 2020, and has made no payments since that time. Plaintiff filed its complaint on 4/28/21. Plaintiff filed applications for right to attach orders against all three defendants on 4/30/21. Plaintiff also filed an application for claim and delivery on 4/30/21. The Sadowskis, in pro per, filed answers to the complaint on 5/17/21. Isla h...

Excerpt: ...s 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: ...ted. Defendants set the matter for hearing on 7/08/21. On 7/02/21, Defendants filed a notice of continuance, pursuant to which the hearing on the demurrer was continued to 8/24/21. Any opposition to the demurrer and motion to strike was due on or before 8/11/21. Plaintiff filed timely opposition, but filed the opposition papers in 20STCV35348. This caused great confusion for the Court. The parties' stipulation makes clear, correctly, that the ear...

Excerpt: ...me 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 poli...

Excerpt: ...and Cheryl Allison. The Second Amended Complaint states the following causes of action: 1. Breach of Contract 2. Fraud 3. Discrimination in Violation of the Express Mandatory Provisions of the State of California Tide Lands Grant to the City of Avalon Dated August 4, 1943 4. Violation of Gov't Code §53803 5. Failure to Comply with CPUC Vessel Common Carrier Permit 6. Declaratory Relief 7. Injunctive Relief 8. Violation of the Avalon Municipal Co...

Excerpt: ...d Plaintiffs' motion for leave to file a First Amended Complaint, which they filed on 11/19/20. On 5/06/21, the Court granted Plaintiffs' motion for leave to file a Second Amended Complaint, but made clear the instant demurrer to the FAC would go forward, as the claims against the moving defendants remain unchanged between the First and Second Amended Complaints. 1. Demurrer a. Parties' Positions Defendants demur to the causes of action for failu...

Excerpt: ...nts are race team riders, members, and/or agents of the entity defendants. The defendants promote a Catalina Run, wherein riders race on Jetskis from Long Beach to Catalina. Sanders invited Decedent to participate in a training session for the Run. Decedent was not an experienced Jetskier, and had no experience in the open ocean prior to the day of the session. The individual defendants were all experienced on Jetskis in the open ocean in challen...

Excerpt: ...tion. Plaintiff filed his complaint on 8/14/19. Lind filed a motion to compel arbitration, which the Court denied on 1/23/20. Lind appealed the ruling, and the Court of Appeals, on 2/23/21, affirmed the decision denying the motion to compel arbitration. In the interim, Plaintiff passed away. 2. Motion to Compel Further Responses to RPDs a. History of Motion The Court was originally scheduled to hear this motion on 7/15/21. The Court issued an ord...

Excerpt: ...ncipal place of business in Virginia. Defendant provides evidence that it lacks substantial contacts with the State of California. Defendant provides evidence that the slip and fall that forms the basis of this action occurred in Bahrain. Plaintiff opposes the motion. He argues the Jones Act and FELA allow for jurisdiction in state court. He argues Defendant has the requisite minimal contacts with the State of California because (a) it relies on ...

Excerpt: ...ff 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 corporation. The cross-com...

Excerpt: ...perty pursuant to a tenancy agreement between Unwind and Batache, and the remaining plaintiffs possessed the property pursuant to a subtenancy agreement between them and Unwind. Plaintiffs allege Defendant, on 10/13/20, purported to purchase the property at a purported foreclosure sale, and the next day, not in compliance with applicable law, he changed the locks on the property and locked Plaintiffs out of the premises. 2. Motion for Summary Jud...

Excerpt: ...erved a three-day notice seeking past-due rent of $3300, a 15- day notice (protected period) seeking past-due rent of $9900, and a 15-day notice (transition period) seeking past-due rent of $6600. Plaintiff served all three notices on Defendants on 12/31/20, and filed this action on 3/18/21. On 5/04/21, the Court denied Defendant's motion to quash service of the summons and complaint, finding Plaintiff adequately established proper service of the...

Excerpt: ...ntion (all defendants except Muhammad)  Violation of UNRUH  Abuse of elderly or dependent adults  Aiding and Abetting (all defendants except Muhammad)  Conspiracy (all defendants except Muhammad)  Injunctive and Declaratory Relief (all defendants except Muhammad) The crux of the complaint is that Muhammad, a security guard hired by Top Watch for the purpose of patrolling and securing a McDonald's franchise owned by Ruby Brothers To...

Excerpt: ... imposing terminating, issue, and/or monetary sanctions against Defendants due to their alleged failure to comply with the Court's 8/13/20 discovery order. The order was made based on the parties' discovery referee's recommendations. The order required Defendants to provide supplemental responses and produce documents without objections. Plaintiff contends Defendants have failed to comply with the order by (a) failing to produce electronic device...

Excerpt: ... abstract of judgment on 4/27/16. Plaintiff alleges there were several transfers of right to the subject property (which will be discussed further below), and alleges the lien remains unsatisfied. 2. Timeline In order to understand the issues presented, the Court has constructed the following timeline of the important dates in the case:  6/08/06 -- Property located at 317, 319, and 321 North Centre Street in San Pedro (hereafter “the propert...

Excerpt: ...of 2019. He exhausted his administrative remedies on 9/30/20. He filed his complaint on 12/11/20. Defendants contend 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 st...

Excerpt: ...nd 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. History of Discovery Dispute Stein is Telfer's dispatcher. Plaintiff requested dates to take Gary Stein's deposition on 2/20/20. Telfer...

Excerpt: ...ecurity for the event. Mota was a guard at the event. Plaintiff rents space in a marina owned by the City and lives on his boat. The City also owns the adjacent parking lot. Plaintiff was assaulted by Mota while in the parking lot adjacent to his live-aboard boat. On 2/02/21, the Court heard and sustained the City's demurrer to the FAC with leave to amend. Defendants, USA and CSI had demurrers to the FAC scheduled, but Plaintiff filed his operati...

Excerpt: ...ved a three-day notice seeking past-due rent of $3300, a 15- day notice (protected period) seeking past-due rent of $9900, and a 15-day notice (transition period) seeking past-due rent of $6600. Plaintiff served all three notices on Defendants on 12/31/20, and filed this action on 3/18/21. On 5/04/21, the Court denied Defendant's motion to quash service of the summons and complaint, finding Plaintiff adequately established proper service of the s...

Excerpt: ...Defendant cites Miranda v. 21 st Century Ins. Co. (2004) 117 Cal.App.4 th 913, 918-919, wherein the Court of Appeals considered this issue. In Miranda, the plaintiff made an underinsured motorist's claim. The defendant commenced discovery, which revealed that the plaintiff had been treated for post-concussion symptoms with Kaiser in 2000. The defendant followed up with a subpoena to Kaiser, but Kaiser indicated it would only release the records w...

Excerpt: ...filed in Sacramento County Superior Court. Defendants argue the parties and causes of action are the same, such that abatement of this action is mandatory. Alternative, they contend this action should be stayed pending the outcome of the Sacramento action or, at a minimum, until Defendants can seek coordination of this case with Craven and a third case, Zymberi v. APRO, which is pending in San Bernardino County Superior Court. Plaintiff opposes t...

Excerpt: ... Spain, she was employed by Postal Annex #79 (“Postal Annex”). Subsequently, based upon further investigation, Plaintiff added Charles Spain, Postal Annex and Andrew Hutchings as Defendants. The Defendants Charles Spain and Andrew Hutchings were identified as the individuals who impersonated Cossaboom as a means to obtain fraudulent loans. The Defendant Postal Annex was the employer of Fitzgerald, the notary, at the time she notarized the sig...

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: ... Plaintiffs allege the building suffers from various habitability breaches, including cockroaches, fleas, mites, bedbugs, and other vermin, cracks and crevices, lack of appropriate screening, corroded bathrooms, water damaged kitchens, insufficient common area lighting, lack of smoke detectors/broken smoke detectors, etc. On 3/09/21, the Court heard a demurrer by Doe Defendants, De Miranda Management and Justin Hughes. The Court found the doe ame...

Excerpt: ...itionally, while Defendant was using the space, Defendant damaged a ½ ton chain motor. Defendant filed a cross-complaint against Plaintiff, and then filed its operative FACC on 4/16/21. The FACC includes causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, and fraud. The crux of the causes of action for breach of contract and breach of the implied covenant in the FACC is that Plaintiff induced D...

Excerpt: ...if Plaintiff made a claim; Plaintiff made a claim for damage arising out of a pipe rupture, and Defendant failed to adequately investigate or pay on the claim. 2. Demurrer Defendant demurs to the second and third causes of action in the FAC, contending they fail to state facts sufficient to constitute a cause of action. Plaintiff opposes. a. Second Cause of Action, Negligent Misrepresentation Plaintiff's second cause of action is for negligent mi...

Excerpt: ...gway, plank, or other safe means of access. Plaintiff, employed by Defendant, had just assisted a co-worker in lowering the Latham B into the water using a boom and hook, when he then tried to board the vessel from a dock directly onto an uneven, slippery, and sloped surface at the bow of the vessel without means of maintaining balance and stability. Plaintiff fell and sustained serious injuries. Defendant and Plaintiff met and conferred in an at...

Excerpt: ...s are race team riders, members, and/or agents of the entity defendants. The defendants promote a Catalina Run, wherein riders race on Jetskis from Long Beach to Catalina. Sanders invited Decedent to participate in a training session for the Run. Decedent was not an experienced Jetskier, and had no experience in the open ocean prior to the day of the session. The individual defendants were all experienced on Jetskis in the open ocean in challengi...

Excerpt: ...nd 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. History of Discovery Dispute The parties originally agreed that Plaintiff would be permitted to conduct a 3-D site inspection of Valero...

Excerpt: ...omita Street Property, in El Segundo, CA 90245 – I agree to continue to pay in full mortgage (in monthly payments) on 3249 Oregon Ave, Long Beach, CA 90806 until completely paid.” The agreement is signed by both parties, but it is clear that “I” refers to Douglas Woods in this context. Plaintiff alleges Defendant, in violation of their agreement, has moved to Huntington Beach with her new husband and Plaintiff and Defendant's children, an...

Excerpt: ...laintiffs allege the following pertinent background facts in the FAC. Plaintiffs were employed by Defendant RDS as employee truck drivers paid on a piece rate basis. (FAC ¶ 2.) Defendant RDS failed to pay Plaintiffs for business expenses, rest periods and nonproductive time, the minimum wage for all hours worked, failed to provide meal and rest periods, and willfully failed to pay all wages owed after their employment ended, among other violatio...

Excerpt: ... supplement its responses to RPDs 16-21 and provide various documents in connection with the RPDs. On January 12, 2021, the Court, without opposition, adopted the report and recommendation in full, which consisted of partially granting Plaintiff's motions to compel. Notably, neither the report nor the minute order contained a timeline for supplemental responses and/or production. Nonetheless, in partially granting Plaintiff's motion to compel, th...

Excerpt: ... FACC) against various sub-contractor entities, all of which have filed cross-complaints against one another. Gundry in turn cross-complained against a number of sub-contractors, including Luis Daniel Alvarez dba Alvarez Construction, alleging the sub-contractors had performed deficiently and that they had a duty under their respective sub-contracts to defend and indemnify Gundry. 2. Discussion In City of Grand View Terrace v. Superior Court (198...

Excerpt: ...y FACC) against various sub- contractor entities, all of which have filed cross-complaints against one another. Gundry in turn cross-complained against a number of sub- contractors, including Luis Daniel Alvarez dba Alvarez Construction, alleging the sub-contractors had performed deficiently and that they had a duty under their respective sub-contracts to defend and indemnify Gundry. As to Alvarez, specifically, Gundry alleges Alvarez deficiently...

Excerpt: ... sold him a defective yacht (the “Yacht”). The Yacht was manufactured by Navale and 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. The Fourth Amended Complaint (filed on April 16, 2021) added plaintiff Boundless Horizons, LLC (“Boundless Horiz...

Excerpt: ...it insured the homeowners in a condominium building, Remegio and Pamela Ballesteros, whose unit suffered water damage. Plaintiff paid its insureds for the damage. Defendant Farmers insured the HOA at the time Plaintiff suffered damage. Plaintiff believes the HOA was responsible for fixing the damage, and therefore seeks an order requiring its insurance company to indemnify and contribute to the payments made. On May 18, 2021, Farmers and HOA ente...

Excerpt: ... Spain, she was employed by Postal Annex +#79 (“Postal Annex”). Subsequently, based upon further investigation, Plaintiff added Charles Spain, Postal Annex and Andrew Hutchings as Defendants. The Defendants Charles Spain and Andrew Hutchings were identified as the individuals who impersonated Cossaboom as a means to obtain fraudulent loans. The Defendant Postal Annex was the employer of Fitzgerald, the notary, at the time she notarized the si...

Excerpt: ... prejudgment interest at the annual rate of 10%, $8,682.00 in attorney fees, and $885.00 in costs. On October 3, 2018, Judgment Creditor filed a notice of entry of the judgment. Judgment Creditor now moves for an assignment order instructing Judgment Debtor to assign his interest in his contracted companies, including but not limited to Advanced Environmental Group, LLC (“Advanced”), and profits from patent #US7258710B2. Judgment Creditor als...