Excerpt: ...n to require Plaintiff to post bond pursuant to CCP §1030 in the amount of $46,240.11. The Court found Plaintiff resides in Canada and there is a reasonable possibility that Aldi could prevail at trial. The Court found Aldi did not waive its right to pursue a bond by failing to move promptly. Plaintiff argued he was unable to post bond due to his indigent status; the Court found Plaintiff failed to adequately support this contention, and therefo...

Excerpt: ... the property, conducted inspections, etc., and ultimately procured a buyer. Mrs. Cha, at the penultimate moment, decided she did not want to sell the property; the Chas then insisted they were not obligated to sell the property, as Mrs. Cha had not signed the listing agreement. The sale fell through. Plaintiff's FAC included causes of action for breach of contract, fraud, and breach of the implied covenant of good faith and fair dealing against ...

Excerpt: ...ile a Second Amended Complaint. The motion included, as Exhibit 4, a proposed Second Amended Complaint. The purpose of the proposed SAC was to add the County as Doe 1 and to make various other changes to the FAC. On 6/30/20, the Court granted the motion. The Court did not deem the proposed SAC filed, and Plaintiff never actually filed the SAC. Instead, on 7/02/20, Plaintiff filed a Doe Amendment naming the County as Doe 1 to the lawsuit. The prop...

Excerpt: ...oercive 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: ...ault, battery, IIED, negligence, negligent supervision and retention, violation of Unruh, elder abuse, aiding and abetting, conspiracy, and injunctive/equitable relief. The FAC includes a prayer for punitive damages. 2. Motion for Summary Judgment/Adjudication by Ruby Brothers Too Ruby Brothers Too, hereafter “Ruby,” moves for summary judgment on Plaintiff's FAC. In the alternative, it moves for summary adjudication of each cause of action in...

Excerpt: ...Plaintiffs' motion for leave to file a First Amended Complaint, which they filed on 11/19/20. On 3/11/21, Defendants filed a demurrer to the FAC. The demurrer is scheduled for hearing on 8/19/21, which is after the currently scheduled trial date of 8/02/21. 2. Motion for Leave to Amend a. Relief Sought Plaintiffs seek leave to file a Second Amended Complaint. They seek to add TG&P as a party defendant. They indicate they have known about TG&P sin...

Excerpt: ...ed the agreements in a series of ways, including diverting funds to other accounts. 2. Motion to Seal a. Prior Order and Relief Sought The Court has previously denied Counsel's motion to be relieved as counsel, in part due to the fact that it was accompanied by a redacted declaration but there was no attendant motion or application to file the declaration under seal. Counsel therefore filed this motion to seal the declaration of Vanessa M. Haberb...

Excerpt: ...McDonald's seeks an order permitting it to file the franchise agreement under seal. b. Ex Parte Application On 5/24/21, the Court heard McDonald's ex parte application to file the agreement under seal or, in the alternative, to shorten time for hearing on the motion. The Court granted the alternative motion to shorten time, and set the motion for hearing on 6/10/21. McDonald's filed notice of the ruling the next day; the notice shows all parties ...

Excerpt: ...ent. 1. Motion for Summary Judgment a. Parties' Positions At this time, Magella Medical Group, Inc. (“Magella” moves for summary judgment, contending it, through its doctors, complied with the standard of care at all times, and nothing its doctors did caused or contributed to Plaintiff's claimed damages. Defendant supports its motion with the expert declarations of David Miller, M.D. Dr. Miller sets forth his expert credentials, states what r...

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: ...ises liability, 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 details the facts surrounding the shooting at ¶¶2-10. Plaintiffs allege 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 ...

Excerpt: ... resin is processed for sale. Plaintiff alleges its members include Hien Van Pham, Trung Q. Nguyen, Tung Vo, and Defendants. Defendants are husband and wife. On 7/24/19, the five members of HTD held a meeting. The non-defendant members of HTD accused Defendant, Nguyen of making unauthorized expenditures and reimbursements of Plaintiffs' funds to Defendant, Nguyen. Therefore, the non- defendant members removed Nguyen as a manager effective 8/01/19...

Excerpt: ...y 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. 2. Motion to Stay Issuance of a Writ of Execution/Enforcement of Judgment a. Parties' Positions Plaintiffs concede they are required to post b...

Excerpt: ...d 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 Before Valero was named as a defendant in this action, it produced four videos from its surveillance camera...

Excerpt: ...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-compla...

Excerpt: ...a hired Matthew to run his medical practice. Matthew sold his successful business to transition into the management role. Mojatba also owned a Shell Gas Station, which Matthew also ultimately agreed to assist Mojatba with running. In 2004, the parties entered into an oral management agreement for both the practice and the gas station. Ultimately the gas station was sold in 2007, leaving Mojatba and Matthew to focus on the medical practice. Mojatb...

Excerpt: ...ult, battery, IIED, negligence, negligent supervision and retention, violation of Unruh, elder abuse, aiding and abetting, conspiracy, and injunctive/equitable relief. The FAC includes a prayer for punitive damages. 2. Motion for Summary Judgment/Adjudication Ruby Brothers Too, hereafter “Ruby,” moves for summary judgment on Plaintiff's FAC. In the alternative, it moves for summary adjudication of each cause of action in the FAC, as well as t...

Excerpt: ..., (2) Battery, (3) Negligence Per Se (Wrongful Death), (4) Negligence (Wrongful Death), and (5) Survival (Punitive Damages). Plaintiffs' SAC alleges, in relevant part, that Decedent went to the Clinic for methadone therapy. Decedent met with Defendant, Kenneth Yip, LVN, who was unable to locate a prescription or record providing authorization to administer methadone to Decedent. Yip called Defendant, Rick Wilson, Ph.D., a psychologist who worked ...

Excerpt: ...s due to a transfer of ownership. 2. Motion to Consolidate a. Parties' Positions Plaintiffs move to consolidate all three actions, contending they arise out of the same facts and circumstances and will require presentation of the same or similar evidence. They contend consolidation is in the interest of justice, and denying the motion will result in duplication of both court and party resources. Defendants oppose the motion. They argue they will ...

Excerpt: ...ch he promised to repay as quickly as possible but not later than when he sold a condo he owned in Hawaii. Plaintiff alleges Defendant has refused to repay the loans, despite having sold the homes in Indio and Hawaii. Notably, Plaintiff alleges Defendant is her son. On 12/15/20, the Court sustained a demurrer to the fraud cause of action in the FAC. The Court otherwise overruled Defendant's demurrer and denied his motion to strike. On 1/07/21, Pl...

Excerpt: ...s. The Court continued the hearing on the motions to 2/25/21 and considered appointing a discovery referee. The Court ultimately did not appoint a discovery referee, and instead ordered the parties to file a joint statement of items in dispute. The parties recently filed an untimely joint statement of items in dispute, which led to a further continuance of the hearing on the motion. 3. Motion to Compel Further Responses to RPDs a. Issues Remainin...

Excerpt: ... includes causes of action for breach of contract, fraud, accounting, and elder abuse. 2. Demurrer On 11/12/20, Defendants filed a demurrer to the second (fraud) and fourth (elder abuse) causes of action in the FAC. Notably, on 2/05/21, Plaintiff made an oral request to dismiss Garrett Attwood from the case. It is not entirely clear if Plaintiff intended to dismiss “Kenneth Garrett Attwood,” who was named in the FAC, or “Garrett Attwood,”...

Excerpt: ...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 policie...

Excerpt: ...rcive 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: ...s failed to administer a necessary pre-natal test called the alpha-fetoprotein (AFP) test, which would have revealed, in utero, that she has spina bifida. Plaintiff alleges that, had Defendants administered such tests, her parents would have aborted the pregnancy. 1. Motion for Summary Judgment by Defendant, Fred Adams, M.D. a. Evidentiary Objections Plaintiff filed evidentiary objections to the Declaration of Michael Muhonen, M.D. The first obje...

Excerpt: ...d with taking the shipment to Kansas City. However, the rig carrying the batteries was involved in a single vehicle accident, resulting in the vehicle over-turning and damaging the batteries. Plaintiff alleges it suffered loss in the amount of $620,199.27, as it had to pay its insured for the damage to its goods. 2. Special Motion to Strike a. Parties' Positions Defendant contends this action is a strategic lawsuit against public policy, and move...

Excerpt: ...between Plaintiffs and Defendants concerning the use of adjacent boat slips. 2. Motion to Compel IME On calendar today is Defendant's motion to compel Plaintiff, Linda Dunn Boerum's attendance at an IME. Defendant seeks an order compelling Plaintiff to sit for a mental examination with a clinical and forensic psychologist. While it appears Plaintiff originally opposed being examined at all, her opposition makes clear that she currently agrees to ...

Excerpt: ...le. The most basic facts concerning the property are not disputed. Trinity had a junior lien on the subject property, and it conducted a non- judicial foreclosure sale to enforce its lien in October of 2018. No party challenges the validity of the October 2018 sale. However, US Bank, Western Progressive, LLC, and PHH Mortgage Corporation held a first lien on the subject property (US Bank funded the loan, PHH serviced the loan, and Western Progres...

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 w...

Excerpt: ...ctors 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 companies, g...

Excerpt: ... are in the Petition to Approve Compromise.) Petitioner now proposes to distribute the net settlement proceeds into a special need trust (SNT) for the benefit of plaintiff. This case has been referred to the Probate Department for review of the proposed SNT instrument that would receive the net settlement proceeds on behalf of plaintiff. A SNT is used to receive the settlement funds in these situations so that plaintiff does not lose Medi-Cal and...

Excerpt: ...esided. Ortiz Luis is alleged to have been the administrator of the facility at all relevant times. Plaintiff alleges Decedent suffered from a stage II pressure ulcer, which led directly to her death. Plaintiff alleges the facility left Decedent in her urine and feces for extended periods of time, failed to provide her with proper hygiene, and failed to turn and reposition her to avoid pressure sores. Decedent was a resident of the facility for t...

Excerpt: ...nal complaint, but was pled as a PAGA representative complaint and not just an individual complaint. On 11/25/20, Defendant, Pablo Franco filed a demurrer to the FAC. On 12/18/20, the parties stipulated that Plaintiff would be permitted to file a Second Amended Complaint, but the 11/25/20 demurrer to the FAC would be deemed a demurrer to the SAC. 2. Demurrer a. History The Court originally heard this demurrer on 3/23/21. At the conclusion of the ...

Excerpt: ...by the primary assumption of the risk doctrine, and (b) ATOS and Galvao could not have increased the risk of injury associated with activities inherent to BJJ. Plaintiff, in opposition to the motion, argues (a) the choke hold used by Nadow increased the risk of the sport, (b) the Howells, who employed Nadow, knew of his dangerous propensities, and are therefore liable for the increased risk he posed, and (c) the Howells were ATOS and Galvao's ost...

Excerpt: ...ive First Amended Complaint. The FAC includes fourth and fifth causes of action for product liability – manufacturing defect and products liability – negligent manufacture against Tennant. Plaintiff alleges he was injured when Tennant's “SSS Scrubber” emitted water that accumulated in or on the area of the flooring, made the area slippery, and caused him to fall. 2. Demurrer a. Meet and Confer Defendant submits the Declaration of Marsha L...

Excerpt: ...for the work, but refused to pay Plaintiff the fee. 2. Demurrer a. Meet and Confer Defendant submits the Declaration of Brenda E. Vargas, which adequately shows Counsel attempted to meet and confer prior to bringing this demurrer. 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 ...

Excerpt: ...9. The Clerk, at Plaintiff's request, entered Lapine's default on 2/13/20. Kundersport filed a demurrer to the complaint on 2/18/20. The Clerk rejected Plaintiff's attempt to have Kundersport's demurrer entered on 2/20/20. The Court entered default judgment against Lapine on 5/22/20 in the amount of $94,922.34. On 7/23/20, Plaintiff filed a First Amended Complaint. On 7/28/20, Lapine filed an answer to the FAC and a cross-complaint against Plaint...

Excerpt: ...the hearing on the summary judgment motion, because it lacked a hearing date, and because it related directly to documents submitted with the summary judgment motion, the Court addressed and ruled on the request for relief in connection with its 10/22/20 ruling on the summary judgment motion. Specifically, the Court ruled as follows: On 4/01/20, the parties jointly filed a stipulation and protective order designating certain documents as confiden...

Excerpt: ...hed the agreements in a series of ways, including diverting funds to other accounts. 2. Motion for Leave to Amend a. Relief Sought Plaintiff seeks leave to file a First Amended Complaint. It contends leave is necessary to correct errors concerning the Merchant Sales Agreements that govern the parties' relationship. b. Legal Standard on Motion for Leave to Amend The court may, in furtherance of justice, and on such terms as may be proper, allow a ...

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 Warr...

Excerpt: ...ending plaintiff's file to collection for a second time without notice or a determination of plaintiff's ability to pay for attorney fees. The Clerk's alleged failure to properly index his DUI charge is based upon an alleged violation of Government code section 69842. Plaintiff alleges that on September 2, 2011, he was arrested in Long Beach for DUI, and subsequently made bail the next morning. (FAC, 1st Cause of Action p. 5.) Plaintiff alleges a...

Excerpt: ...him the office could not remove the kittens until they were at least eight weeks old and two pounds in weight. The employee gave Plaintiff vouchers and instructed Plaintiff to use the vouchers to obtain food for the kittens and to feed them until they were old enough and big enough for City removal. Plaintiff did as instructed. Within days, he was bitten by fleas. Thereafter, he fell on the floor unconscious. He was transported to the hospital, w...

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

Excerpt: ...ly FACC) against various sub- contractor entities, all of which have filed cross-complaints against one another. Gundry filed a cross-complaint against Richmond on 4/03/18. Gundry and Richmond had various settlement discussions, and Gundry's attorney represented that Richmond need not file an answer, as the parties would likely settle. The Court, however, instructed Gundry to take the default of any parties who had not answered the cross- complai...

Excerpt: ...19, Plaintiff agreed to settle the action with HTL, HNL, HK, and Firestone for varying amounts. On 10/25/19, the Court called the case for an FSC; the parties represented that the case had settled. On 2/03/20, the Court discharged an OSC re: settlement because Plaintiff stated that no settlement agreement had been finalized. On 7/02/20, the Court called the case for a final status conference. Plaintiff represented that settlement with one defenda...

Excerpt: ...r money in a pooled investment to obtain a higher rate of return, and actually investing no money but instead using the clients' money to pay out old clients and for personal expenses. Plaintiffs' operative complaint against Defendants is their First Amended Complaint, which they filed on 12/20/19. It includes causes of action for aiding and abetting fraud, aiding and abetting breach of fiduciary duty, violation of Penal Code §496(a), financial ...

Excerpt: ...ndition 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 did not receive any written response. Pla...

Excerpt: ...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 did...

Excerpt: ...as a condition of receiving such services, signed a written contract agreeing to pay any amount not covered by his 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 did not receive any written respon...

Excerpt: ...nal complaint, but was pled as a PAGA representative complaint and not just an individual complaint. On 11/25/20, Defendant, Pablo Franco filed a demurrer to the FAC. On 12/18/20, the parties stipulated that Plaintiff would be permitted to file a Second Amended Complaint, but the 11/25/20 demurrer to the FAC would be deemed a demurrer to the SAC. 2. Demurrer a. Parties' Positions Defendant demurs to the second, third, and fourth causes of action ...

Excerpt: ...ed by Defendant's neglect, including failure to care for a pressure ulcer. 2. Motion to Compel Further Responses Plaintiffs propounded special interrogatories on Defendant. Defendant served responses. The parties met and conferred, and Defendant supplemented its responses. The parties met and conferred further, but have been unable to resolve outstanding issues relating to special interrogatories 1, 3, 4, and 5. Plaintiffs therefore move to compe...

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

Excerpt: ...esided. Ortiz Luis is alleged to have been the administrator of the facility at all relevant times. Plaintiff alleges Decedent suffered from a stage II pressure ulcer, which led directly to her death. Plaintiff alleges the facility left Decedent in her urine and feces for extended periods of time, failed to provide her with proper hygiene, and failed to turn and reposition her to avoid pressure sores. Decedent was a resident of the facility for t...

Excerpt: ...l 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 and ...

Excerpt: ... two grounds. First, it found Lee would likely be a witness at the trial between Plaintiff and Defendant. Second, it found Lee necessarily obtained confidential information from Defendant during her seventeen-year marriage to Defendant (which ended only eight months for Plaintiff filed this action), and that information could prejudice Defendant and the integrity of the judicial process. Plaintiff appealed the ruling, and the court of appeals, in...

Excerpt: ...ne resin is processed for sale. Plaintiff alleges its members include Hien Van Pham, Trung Q. Nguyen, Tung Vo, and Defendants. Defendants are husband and wife. On 7/24/19, the five members of HTD held a meeting. The non- defendant members of HTD accused Defendant, Nguyen of making unauthorized expenditures and reimbursements of Plaintiffs' funds to Defendant, Nguyen. Therefore, the non-defendant members removed Nguyen as a manager effective 8/01/...

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: ... 1/11/19, in exchange for valuable consideration, Plaintiff purchased a 2017 Lincoln Navigator, manufactured and/or distributed by defendant, for $69,795.04. During the warranty period, the vehicle contained or developed defects including a. defective transmission system and b. defective body system. Plaintiff provided defendant and its representatives sufficient opportunity to service or repair the vehicle. Defendant and its representatives were...

Excerpt: ...ding. 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. 2. Doe Amendments On 7/10/20, Plaintiffs filed doe amendments. Plaintiffs named De Miranda Management as Doe 1 and Justin...

Excerpt: ...r money in a pooled investment to obtain a higher rate of return, and actually investing no money but instead using the clients' money to pay out old clients and for personal expenses. Plaintiffs' operative complaint against Defendants is their First Amended Complaint, which they filed on 12/20/19. It includes causes of action for aiding and abetting fraud, aiding and abetting breach of fiduciary duty, violation of Penal Code §496(a), financial ...

Excerpt: ...is sued as the accountant for the entity defendant. Plaintiff alleges, among other things, that his brothers used their corporation for their own personal benefit. Ultimately, on 10/24/16, Bierman provided an accounting of the business, which included the conclusion that Plaintiff (Juan) owed the company $160,000, the company owed Jay $210,000, and the company owed Saul $90,000. Thereafter, Bierman continued providing accounting with similar resu...

Excerpt: ...ty (Skating Edge and Heindl);  Wrongful Death -- Dangerous Condition of Public Property (City of Los Angeles, State of California);  Wrongful Death -- Negligence (Jessica, Lonnie, and Tanesha Phillips; Tara and Sergio Fernandez);  Wrongful Death -- Strict Products Liability (SHARK Helmets North America, LLC);  Wrongful Death -- Negligent Products Liability (SHARK Helmets North America, LLC);  Wrongful Death -- Products Liability �...

Excerpt: ...ed causes of action for quiet title and constructive trust, and was premised on the allegation that Defendant, John Molina was using the other defendants to dissipate the marital estate he shared with Plaintiff while their dissolution proceedings were pending. On 11/07/18, Plaintiff filed a number of Notices of Pendency of Action (lis pendens). The Notices were recorded in connection with a variety of properties that are at issue in the lawsuit. ...

Excerpt: ... 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. 2. Motion for Leave to Amend a. Parties' Positions Plaintiff moves for leave to amend the complaint. Plaintiff contends it learned recently that the reason Defendant has refused Plaintiff's tender is because the HOA withdrew its ...

Excerpt: ... Plaintiff alleges he was hired by Shadow to transport the bed, which was sold by Howard's. The bed was manufactured by Serta Simmons. Plaintiff's operative First Amended Complaint, filed on 3/20/19, includes causes of action for:  Negligence (Shadow);  Breach of Labor Code §§3706-3709 (Shadow);  Strict Products Liability (Howard's, Serta Simmons);  Products Liability – Negligence (Howard's, Serta Simmons). On 1/15/19, Howard's fi...

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

Excerpt: ...r daughter, Regina, as her GAL. The Court rejected the application finding, among other things, the application lacked medical proof of Barbara's incompetence. On 1/28/20, Regina filed a second application to be appointed as Plaintiff's GAL. The 1/28/20 application was accompanied by medical proof that Plaintiff suffers from severe dementia. The Court granted this second application, and Barbara is appearing in this action through Regina. Plainti...

Excerpt: ...uently FACC) against various sub- contractor entities, all of which have filed cross-complaints against one another. 2. Motion to Vacate Default a. Relief Sought Richmond seeks an order vacating the default the Clerk entered on Gundry's cross-complaint. Richmond seeks the order pursuant to CCP §§473(b) and (d). b. Law Governing CCP §473(b) Relief Whenever an application for relief is made no more than six months after entry of judgment, is in ...

Excerpt: ...10 Lomita 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...

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. 2. Motion to Compel Responses to Special Interrogatories, Set One On 12/07/20, Defendant, Stuart Silver filed motions to compel Plaintiff, Yana Shampansky to serve responses to special interr...

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. Plaintiffs filed their original complaint on 7/30/19. They filed a First Amended Complaint on 10/31/19, before any defendant had appeared in the action. On 2/18/20...

Excerpt: ...tion, which was set for hearing on 6/15/20. On 6/15/20, the personal injury court declined to rule on the motion and transferred the action to the Long Beach Courthouse for all further proceedings. 2. Motion to Compel Arbitration Defendant moves to compel arbitration, contending the parties' employment agreement requires Plaintiff to submit this dispute to arbitration. a. Initial Note Defendant filed its moving papers on 8/17/20, and Plaintiff fi...

Excerpt: ...s' complaint is that the individual plaintiff suffered arsenic poisoning in connection with the clean-up of an LBUSD site, and the entity plaintiff incurred economic damages as a result of the toxic site. Plaintiffs' operative complaint is the Third Amended Complaint, filed on 7/11/18. The Court sustained a demurrer to the fifth and sixth causes of action without leave to amend, and overruled a demurrer to the remainder of the TAC, which LBUSD su...

Excerpt: ...tionally, Plaintiff alleges that she is Defendant's landlord, and that Defendant refuses to pay rent due. Plaintiff alleges Defendant has made false and defamatory statements about her. Plaintiff alleges all of the above conduct is intentional and designed to cause her emotional distress. Defendant answered the complaint and filed a cross-complaint. On 4/30/20, Defendant filed his operative First Amended Cross- Complaint. The FACC is pled against...

Excerpt: ...ents 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. Plaintiff's operative First Amended Complaint includes causes of action for:  Assault and Battery;  Negligence;  IIED;  Negligent Hiring, Training, and Supervision;  False Imprisonment;  Public Entity Negligence;  Public Entity L...

Excerpt: ...iff 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-co...

Excerpt: ... the property at 2545 Quincy Avenue in Long Beach for quiet title, cancellation of instruments, declaratory relief, and slander of title. Plaintiff's operative complaint is its FAC, filed on 7/25/19. The only defendant who has filed an answer is Gonzalez. Various other defendants have been dismissed, defaulted, and/or stipulated that they do not make claims on the property. On 10/23/20, the Court granted Specialized Loan Servicing, LLC's ex parte...

Excerpt: ...rer and motion to strike, the Court will commence this ruling with a detailed discussion of the allegations and facts of each case. 2. NC061885 Elizabeth Millan filed NC061885 against Special Default Services and Trinity Financial Services, LLC on 7/09/18. Her complaint included causes of action for:  Breach of Contract  Breach of Implied Covenant of Good Faith and Fair Dealing  Negligence  NIED  Violation of Civil Code §2937  ...

Excerpt: ...thout provocation. Plaintiff named Ruby Brothers Too as Doe 2 in the litigation; it is the franchisor of the subject McDonald's restaurant. Plaintiff filed this action on 10/02/18. It is set for trial on 2/08/21. 2. Motion for Determination of Good Faith Settlement a. Relief Sought Top Watch and Mohammad, after mediating this dispute with all parties present, agreed to settle all claims with Plaintiff for the total amount of $500,000. They seek a...

Excerpt: ...e 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 for:...

Excerpt: ...al Center, Columbia Emergency Medical Group, and Jennifer J. Lim, D.O. for medical malpractice. Plaintiff alleges Defendants delayed treatment for a tension pneumothorax, which resulted in cardiac arrest and caused brain damage. On 2/21/20, Plaintiff filed a motion for leave to file a Second Amended Complaint. The motion included, as Exhibit 4, a proposed Second Amended Complaint. The purpose of the proposed SAC was to add the County as Doe 1 and...

Excerpt: ...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 performed framing work, which led to water intrusion. 2. Motion for Summary Adjudication a. Issues Presented On calendar ...

Excerpt: ...ial note, any opposition to the motion was due on or before 1/07/21. Plaintiff did not file the opposition until 1/11/21, which led the Court not to realize there was an opposition on file until the penultimate moment. The Court has, in an abundance of caution, read and considered the untimely opposition. Plaintiff's attorney is admonished that the Court will not likely do so in the future. 3. Timeliness Plaintiff's first argument is that the cro...

Excerpt: ...pposing Party: Plaintiff, Steven Murdock Notice: OK 1. Background Facts Plaintiff, Steven Murdock filed this action against Defendant, California Physicians' Service d/b/a Blue Shield of California (“Blue Shield”) for breach of contract, breach of the implied covenant of good faith and fair dealing, IIED, and NIED. Plaintiff's operative complaint is his FAC, which he filed on 7/02/19. Plaintiff's complaint is premised on the allegation that D...

Excerpt: ...ant, Recalibrated Performance, LLC Notice: OK 1. Background Facts Plaintiff, Creditors Adjustment Bureau, Inc. (“CAB”) filed this action against Defendants, Recalibrated Performance, LLC (“Recalibrated) and its principal, James Law for breach of contract and related claims. Plaintiff alleges its assignor, American Textile Management Company dba Medico Professional Linen Service (“Medico”) entered into a contract with Recalibrated pursua...

Excerpt: ...orked for Defendant, Little Sisters of the Poor (“LSOP”) for many decades in various capacities. She was healthy in retirement, but received a dementia diagnosis. In the fall of 2017, her dementia was worsening, and by the fall of 2018, her husband Norman placed her in a room at LSOP for care. Over the following two months, her care needs were neglected and she was denied basic services she needed to transition to the facility. Rather than ad...

Excerpt: ...acts Plaintiff, Ingri Duran filed this action against Defendants, Atlantic Memorial Healthcare Associates, Inc. and Jake Rothey for both FEHA-based and non-FEHA-based claims arising out of her employment relationship with Defendants. Plaintiff filed the action on 11/16/15. The Court granted summary adjudication of most of Plaintiff's claims on 6/29/17. Plaintiff dismissed her remaining claims on 9/26/17 in order to render the action ripe for appe...

Excerpt: ...es 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 Code After hearing on demurrer, the Court struck the second cause of action ...

Excerpt: ...ntiff alleges he suffered injuries while diving in the course and scope of his employment with the City on 4/18/18. 2. Demurrer (City) The City demurs to the complaint, contending it is barred by Plaintiff's failure to comply with the Government Tort Claims Act. Plaintiff contends he was not required to file a government tort claim because his claims sound under federal maritime law and Defendant, who is not an “arm of the state,” is not enti...

Excerpt: ...perty claiming ownership in the property. On 2/06/19, the Court entered Defendants' defaults on the complaint. However, on 6/26/19, the Court granted Defendants' motion to set aside the defaults, which was based on a miscommunication between Defendants and their attorney concerning when they were served and when their answer was due. The motion was filed by Defendants' original attorney, Dominic Trutanich. On 9/12/19, Plaintiff filed motions to c...

Excerpt: ...go to become damaged while in its cargo terminal. Plaintiff filed the complaint on 2/13/20. On 6/29/20, Pasha filed a cross-complaint against Cross-Defendants, Clipper Bulk Shipping, Ltd. And CF Clipper Tenacious, LLP (collectively “Clipper”). Pasha's cross-complaint includes causes of action for indemnification, apportionment of fault, and declaratory relief. Pasha alleges Clipper was the entity that transported the subject cargo from Brazil...

Excerpt: ...urance plan and then improperly refused to pay for Plaintiff's Serostim prescription. On 1/16/20, the Court sustained a demurrer to the IIED and NIED causes of action, leaving only the contract and good faith claims at issue in the lawsuit. 2. 9/10/20 Motion to Compel Further Responses On 9/10/20, the Court heard Defendant's motion to compel further responses. The Court will not repeat the entirety of its 9/10/20 ruling at this time, and incorpor...

Excerpt: ...tention (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 ...

Excerpt: ...sequently employed Tennberg as an employee in similar capacity. Plaintiff terminated Defendant's employment when Plaintiff learned Defendant had hijacked its websites to display a message demanding that Plaintiff pay Defendant for design services and engaged in other similar social media based conduct. On 5/29/20, Defendant, in pro per, filed an answer to the complaint. 2. Prior Motions to Deem RFAs Admitted and Compel Responses On 11/05/20, the ...

Excerpt: ...ure to monitor and supervise alleged caused Decedent to fall, which ultimately led to her death. 2. Motions to Compel Further Responses to RFAs and Form Interrogatory 17.1 a. History of Dispute Plaintiff propounded RFAs and attendant form interrogatory 17.1 on Defendants, who served timely responses. Plaintiff believed the responses to RFAs 2, 3, 19, 20, 24, and 25, as well as the attendant form interrogatory 17.1, were deficient, and the parties...

Excerpt: ...ility (Skating Edge and Heindl);  Wrongful Death -- Dangerous Condition of Public Property (City of Los Angeles, State of California);  Wrongful Death -- Negligence (Jessica, Lonnie, and Tanesha Phillips; Tara and Sergio Fernandez);  Wrongful Death -- Strict Products Liability (SHARK Helmets North America, LLC);  Wrongful Death -- Negligent Products Liability (SHARK Helmets North America, LLC);  Wrongful Death -- Products Liability...

Excerpt: ...ed Complaint, which they filed on 10/08/20. It includes causes of action for negligence – wrongful death, survival, products liability (strict), and products liability (negligence). Notably, the motion to strike on calendar today is directed at Plaintiffs' SAC; the TAC, however, was filed after an unrelated defendant successfully challenged the SAC by way of demurrer, and the TAC does not contain any material changes that relate to today's moti...

Excerpt: ...ility (Skating Edge and Heindl);  Wrongful Death -- Dangerous Condition of Public Property (City of Los Angeles, State of California);  Wrongful Death -- Negligence (Jessica, Lonnie, and Tanesha Phillips; Tara and Sergio Fernandez);  Wrongful Death -- Strict Products Liability (SHARK Helmets North America, LLC);  Wrongful Death -- Negligent Products Liability (SHARK Helmets North America, LLC);  Wrongful Death -- Products Liability...

Excerpt: ... turn cross-complained against a number of sub- contractors, including Proulx Contracting, Inc., 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 Proulx, specifically, Gundry alleges Proulx deficiently performed water-proofing work, which led to water intrusion. Gundry also cross- complained against B&G Sheet Metal, Inc., which performed she...

Excerpt: ...endants failed to administer necessary pre-natal tests that would have revealed, in utero, that she has spina bifida. Plaintiff alleges that, had Defendants administered such tests, her parents would have aborted the pregnancy. The case was originally assigned to the personal injury hub courts in the Spring Street Courthouse, but was transferred to the Long Beach Courthouse due to its complex nature. The transfer of the case and the ensuing pande...