Excerpt: ...aint is that she was an inpatient resident at SPCH following a seizure, and Bunoan sexually assaulted and harassed her. Plaintiff filed her complaint on 5/02/22. On 7/06/22, Bunoan filed an answer in pro per. On 7/12/22, the personal injury hub court transferred the case to Long Beach, finding it is complicated. On 7/15/22, SPCH filed an answer to the complaint. On 9/07/22, SPCH filed the instant motion to compel arbitration. 2. Motion to Compel ...

Excerpt: ...ts provision in the contract upon which this action was founded. (Chaney Decl., Exh. B.) The provision provides that the prevailing party in any legal proceeding related to the agreement is entitled to reasonable attorney's fees and costs, and Plaintiffs assert they are the prevailing parties. “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall...

Excerpt: ... hiring, supervision, training, and/or retention, and survival. The FAC includes a prayer for punitive damages. 2. Demurrer a. Parties' Positions Defendant, Anaheim Gardens Housing, L.P. demurs to the FAC, contending it is uncertain as to the parties against whom it is alleged, and the emotional distress suffered and it fails to state a cause of action. Plaintiffs oppose the motion, contending the FAC is sufficiently certain and any ambiguity can...

Excerpt: .... 2. Motion for a Protective Order a. Deposition of Anthony Maldonado Anthony Maldonado has signed verifications to Defendant's discovery responses and submitted a declaration in support of Defendant's summary judgment motion. Specifically, in connection with Lime's 12/10/21 summary judgment papers, Maldonado declared that he is a program manager for Lime and has access to Lime's records pertaining to each Lime user, including Plaintiffs. Because...

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. Matters on Calendar Today The parties have competing motions on calendar today. Plaintiffs moves to quash a subpoena issued by Defendant, and Defendant moves to compel compliance with the subpoena. Additionally, Defendant moves for terminating sanctions and/or issue/ev...

Excerpt: ...ed Complaint (“FAC”) against Fortino, CNR (collectively, “Defendants”), and Does 1-10 for (1) declaratory relief, (2) accounting, (3) conversion; and (4) involuntary dissolution. Plaintiffs allege that Belmont purchased a 65% interest in CNR (“65% Interest”) at a bankruptcy auction of the assets of Full House Enterprises, Inc. (“Full House”) on May 2, 2017. Defendant Fortino also bid on the 65% Interest in CNR but was outbid by Be...

Excerpt: ...rmance. Plaintiffs filed their complaint on 10/28/19. The crux of the complaint is that Plaintiffs and Defendants are owners of units in Defendant 1800 East Ocean condominium complex, but because Plaintiffs have serious concerns about the state of the building, they wish to sell the building to a developer. 2. Motion to Enforce Settlement Agreement a. Parties' Positions In March of 2020, the parties entered into a settlement agreement. The settle...

Excerpt: ...of his children, Mejia, convinced him to change title into her name with the promise that she would annul the document once he was released. Plaintiff alleges he owned the subject property with Valderrama, who is the mother of Mejia. Plaintiff alleges he signed a quitclaim deed on 5/14/18, pursuant to which Mejia and Valderrama became the owners of the property. He alleges he was released in June of 2018, but Mejia denied him access to his home u...

Excerpt: ... and seeks $20 million in damages. The allegations are not clear, but it appears Plaintiff is alleging Defendants improperly hired Dexter Barnes as an inmate supervisor. 2. Demurrer a. 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 tru...

Excerpt: ...ial council form complaint, and does not contain any substantive cause of action. Plaintiff indicates he is suing for civil rights violations, and seeks $30 million in damages. The allegations are not clear, but it appears Plaintiff is alleging he was paroled in 2004, and subsequent to that time, Defendants have been illegally conducting surveillance on him. 2. Demurrer a. Legal Standard on Demurrer A demurrer is a pleading used to test the legal...

Excerpt: ...ontracts had different payment periods and payment rates, but were substantially similar, and contained attorneys' fees and costs provisions. Plaintiff alleges Defendants breached both contract. Plaintiff alleges Defendants breached Contract One and owe $8248 plus late fees, costs, and attorneys' fees. Plaintiff alleges Defendants breached Contract Two and owe $86,610 plus late fees, costs, and attorneys' fees. On 2/09/22, Plaintiff filed a Notic...

Excerpt: ... $1,750,000 on dates certain. ¶2 of the parties' agreement sets forth the payment schedule. It requires a $200,000 payment by 8/15/22, another $200,000 payment within sixty days thereafter, and $56,250 payments ever month thereafter. The parties' agreement, at ¶5, contains language stating, “In the event that Pate has not timely received a payment…notice of non-payment must be sent to Matrix's counsel, John Stephens, via e- mail…No paymen...

Excerpt: ...usations. Plaintiff's operative complaint is her First Amended Complaint, which she filed on 6/13/22. There are two cross-complaints in this action. The cross-complaint at issue today was filed by Portley, and is against Hitchens, Robinson, McCoy, and Windward Village Homeowners Association. The crux of the cross-complaint is that the individual cross-defendants, all of whom were members of the HOA board, accused Portley of theft, fraud, and othe...

Excerpt: ... 2. Motions to Compel Further Responses a. Procedural History of Motions Plaintiffs have motions to compel further responses to RPDs, set two, RPDs, set three, and SROGs, set two on calendar today. The Court previously continued the hearing on the motions and ordered the parties to further meet and confer and to file a joint statement of items remaining in dispute prior to the continued hearing date. Because one attorney uses Word and the other u...

Excerpt: ...ed Complaint includes causes of action for Breach of Statutory Building Codes and Ordinances, Trespass on Real Property, Trespass on Real Property, Negligence, Invasion of Privacy, and Quiet Title. Plaintiffs' FAC includes a prayer for punitive damages, which they seek in connection with their first (statute) and fifth (privacy) causes of action. On 4/19/22, the Court heard and granted Plaintiffs' motion for leave to amend. Plaintiffs were permit...

Excerpt: ..., Hanger, Inc., Hanger Prosthetics & Orthotics West, Inc., and Hanger Prosthetics & Orthotics, Inc. for negligence, breach of the implied warranty of merchantability, breach of the implied warranty of fitness, and negligence – strict products liability. Plaintiff alleges that he is diabetic and purchased shoes designed, manufactured, distributed, and/or sold by Defendants. He alleges he suffered blisters caused by the shoes, and the blisters ca...

Excerpt: ...ve trust, unjust enrichment, aiding and abetting, accounting, and financial elder abuse. Only the declaratory relief, breach of contract, and aiding and abetting causes of action are pled against Castro. The crux of the complaint is that his son, daughter-in-law, and former attorney (for Plaintiff, not Defendants) colluded to defraud him out of life investments in real property in the amount of $12 million. 2. Motion to Transfer Venue a. Procedur...

Excerpt: ...of fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. 2. Motion for Leave to File First Amended Complaint a. Parties' Positions Plaintiffs seek leave to file a First Amended Complaint, in which they propose to add a cause of action for violation of Penal Code §496. They co...

Excerpt: ...se of action is asserted against all of the defendants. Naxt and Gao have a cross-complaint pending against Yu. 2. Motion to Compel Deposition Defendants, Naxt Motors, Inc. and Xinxian Gao (collectively “Naxt”) move to compel Yu's deposition. Defendants move to compel pursuant to CCP §2025.450. Specifically, they contend they served a proper notice of deposition on Yu, Yu failed to appear, and Yu failed to provide alternative dates for depos...

Excerpt: ...otice: OK 1. Background Facts Plaintiff, Victoria Rosales filed this action against Defendants, Solomon Laktineh, M.D. and Solomon Laktineh, M.D., a medical corporation for sexual harassment and related claims on 1/13/22. Defendants answered the complaint on 2/22/22. 2. Motion to Compel Further Responses a. Procedural History On 7/21/22, Plaintiff filed this motion to compel further responses. Plaintiff provided a separate statement showing that ...

Excerpt: ...cts Plaintiff, Frederick Randolph filed this action against Defendants, Stacy John Sanchez, et al. on 3/05/22. The case was originally assigned to Department S26, but the Court granted a 170.6 challenge on 3/28/22, and the case was reassigned to Department S27. In April and May, Plaintiff filed proof of service of the summons and complaint on all defendants except Carlos Nicholas Iriarte, Esq. On 6/10/22, all defendants except Iriarte filed a joi...

Excerpt: ...d Facts Plaintiff, Adeyanju Ajetunmobi filed 22LBCV00162 against Defendant, Wawanesa General Insurance Company for bad faith, fraud, and related claims. Plaintiff filed the action on 4/08/22. Plaintiff's allegation is that he was involved in an automobile accident with an underinsured motorist, made a claim with Wawanesa, and was subject to a bad faith failure to investigate and pay on the part of Wawanesa. Plaintiff and Wawanesa have ongoing arb...

Excerpt: ...: OK 1. Background Facts Plaintiffs, Deborah, Heather, and Glenn Kern filed this action against Defendants, Hotel Maya, Doubletree by Hilton, Hilton Worldwide Holdings, Inc., City of Long Beach, County of Los Angeles, and the State of California for damages arising out of a fall that rendered Plaintiff a quadriplegic. Plaintiffs have dismissed Hilton Worldwide Holdings, Inc., Hotel Maya, and Doubletree by Hilton. Plaintiffs added Greentech Landsc...

Excerpt: ...nd evaluate a dog under its control, and failed to warn Plaintiff or others that the animal was dangerous. Plaintiff alleges Defendant instructed her to groom, bathe, and walk the dog, and the dog knocked her down, attacked her, mauled her, and bit her in her head, face, and armpit. On 8/24/22, the Court signed the parties' stipulation to permit Plaintiff to file a First Amended Complaint adding a claim for gross negligence. The Court does not ha...

Excerpt: ...h of fiduciary duty, fraudulent inducement, intentional misrepresentation, breach of contract, and negligent misrepresentation. The cross-complaint arises out of the same business relationship that forms the basis of the complaint. On 5/03/22, the Court heard and sustained a demurrer to the fraud-based causes of action. On 5/10/22, Cross-Complainant filed the operative FACC, which includes causes of action for breach of fiduciary duty, fraudulent...

Excerpt: ...rock Butler, Eliza B. Cruz Herrera, Bonita Express, Inc., Fortia Enterprises, Inc., Meraki C.J. Group, LLC, Empire JS Logistics, LLC, Elosa Logistics Corp., JT Truck & Equipment Sales, Inc., Unstoppable Empire, Inc., Roadrunner Truck Sales, Inc., H.E.R. Trucking, Inc., Huntington National Bank, U.S. Bank National Association, Banner Bank, Continental Bank, Paccar Financial Corp., Steve Gordon, and the State of California Department of Motor Vehic...

Excerpt: ...mplaint a. Parties' Positions Plaintiff seeks leave to file a supplemental complaint. He contends a cause of action for foreclosure of mechanic's lien is necessary, as Plaintiff recorded a mechanic's lien on 6/23/22 and served Defendant with the lien on 6/11/22. Defendant opposes the motion. He argues the mechanic's lien was not timely recorded, and therefore a cause of action to foreclose on any such lien is fatally defective and the defect coul...

Excerpt: ...e and has taken steps to interfere with the sale of the property. 2. Matters on Calendar Today There are five matters on calendar today: The matters are:  DeBose's motion to dismiss;  DeBose's demurrer and motion to strike;  Smith's demurrer and motion to strike;  Smith and DeBose's motion to continue case management conference;  Case management conference. 3. Motion to Dismiss DeBose filed a motion to dismiss. The motion is entitl...

Excerpt: ...complaint on Defendants. On 6/27/22, the Clerk, at Plaintiffs' request, entered Defendants' defaults. On 7/01/22, Defendants filed this motion. On 7/06/22, the Court held a CMC; the Court rescheduled the hearing on Defendants' motion to vacate default to 9/13/22. Defendant gave notice of the new hearing date the next day. 2. Motion to Vacate Default a. Relief Sought Defendants seek an order vacating their defaults. Defendants contend there were o...

Excerpt: ...icense with the CA Contractor's License Board. Suretec answered the complaint and filed a cross-complaint-in-interpleader. It Suretec's cross- complaint, it alleges various individuals, including Plaintiff, Robert Byron Sheffield, Martha R. Sorto Ardon, Patricia Rodriguez, Yaneli Chung, and Berenice Guerrero, have all made claims on Suretec's B&A bond. Suretec alleges its maximum liability on the bond is $15,000, and seeks, by way of the cross- c...

Excerpt: ...ich it was received; Plaintiff paid its insured just over $400K as a result of Defendants' alleged negligence. 2. Application for Determination of Good Faith Settlement a. Terms of Settlement Orange Courier agreed to settle all claims with Plaintiff for the total amount of $250,000, which is the limit on its insurance policy. b. Opposition to Application On 8/03/22, Global Alternative Services filed an opposition to the application. It contends i...

Excerpt: ... would be divided into a one time payment made via personal check for $260.00 on January 25, 2018, monthly payments via personal check for $260.00 beginning February 25, 2018, and a final payment made via personal check for $227.04 on January 25, 2027; (3) terms regarding default in which judgment would be entered in favor of Plaintiff and against Defendant; and (4) a waiver of right to trial or further contest on behalf of Defendant. The Court n...

Excerpt: ...bbing and massaging manner. Plaintiff further alleges that, as a result of this sexually offensive contact, she was frozen in fear, panic, and shame. Plaintiff presents that this touch occurred on an almost daily basis when she would go to Defendant's home to do her homework. On September 29, 2021, Plaintiff filed her Complaint, alleging two causes of action for: (1) Sexual Battery, and (2) Intentional Infliction of Emotional Distress (“IIED”...

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

Excerpt: ...signed, manufactured, distributed, and/or sold by Defendants. He alleges he suffered blisters caused by the shoes, and the blisters caused medical staff to remove the tip of his big toe as well as substantial amounts of damaged skin, which has left huge gashes on his feet. 2. Motion for Summary Judgment a. Relief Sought Defendant, Hanger Prosthetics & Orthotics West, Inc. dba Hanger Clinic (hereafter “Hanger”) moves for summary judgment on Pl...

Excerpt: ...n Plaintiff negligently, causing Plaintiff chronic and permanent pain. On January 14, 2022, Plaintiff filed his Complaint, alleging one cause of action for Medical Malpractice against Dr. Kohanoff and Defendant Lancaster Advanced Dental, Inc. (collectively “Defendants”). On February 16, 2022, Defendants filed their Answer. On April 14, 2022, Defendants filed the following motions: (1) Defendant Sharona Kohanoff, DDS,'s Motion for Order Establ...

Excerpt: ...es the law firm and individual attorney as defendants, and then names “Celebrity #1-#11” and “John and Jan Does” as defendants. It includes causes of action for right to privacy, emotional distress, mail fraud, conspiracy, and related claims. 2. Demurrer to First Amended Complaint a. 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 f...

Excerpt: ...to strike on 7/01/22. 2. Demurrer to Complaint a. 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 ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, h...

Excerpt: ...inal complaint on 11/02/21, but filed their operative FAC on 11/23/21, prior to Defendant making an appearance in the action. On 5/13/22, the Court overruled Defendant's demurrer, which was made on the ground that Plaintiffs improperly joined one another in the action. On 6/10/22, Defendant filed a cross-complaint against all eleven plaintiffs. The cross-complaint includes causes of action for restitution/unjust enrichment (commercial claims), re...

Excerpt: ...er 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 ruling on the demurrer, all facts pleaded in the complaint are assumed to be true, however improbable they may be. A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from m...

Excerpt: ...sations. Plaintiff's operative complaint is her First Amended Complaint, which she filed on 6/13/22. 2. Demurrer a. 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 ruling on the demu...

Excerpt: ...r of solar panels. Defendants Constra, Inc. and Bhupendra Singhal are owners of the real property located upon 2540 Cerritos Avenue in Signal Hill, California (“Subject Property”). On or about June 19, 2019, Plaintiff entered into a contract with Defendants Constra, Inc. and Bhupendra Singhal for the installation of solar panels upon the Subject Property. Plaintiff alleges, while the solar panels have been fully installed and the work contemp...

Excerpt: ...and Plaintiffs' attorney for their failure to justify the cancellations of Defendant's deposition, which Plaintiffs and Plaintiffs' attorney had noticed. / / / / / / / / / 2. Deposition Sanctions a. Legal Standard “If the party giving notice of a deposition fails to attend or proceed with it, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against that party, or the attorney for that party, or both,...

Excerpt: ...including Greentech Landscape (“GTL”) and the City of Long Beach (the “City”). The matter arises from Deborah's trip and fall on an uneven surface in front of Hotel Maya (the “Hotel”). Plaintiffs allege that defendants failed to warn of the dangerous condition on the premises, where the landscape's edging (“bender board”) was protruding from the grass. GTL moves the Court for summary judgment, or, in the alternative, summary adjud...

Excerpt: ...ntiff has added numerous defendants as doe defendants in this action, including R&H Automotive Group, Inc., HTL Automotive, Inc., and HNL Automotive, Inc. On 7/01/22, Defendant Hooman filed the instant motion for relief from waiver of jury trial pursuant to CCP § 631. 2. Motion for Relief from Waiver of Jury Trial a. Legal Standard A party may waive a jury trial in a number of ways under CCP § 631(f), including “(5) By failing to timely pay t...

Excerpt: ...intiffs Ashley Heard and Jason Heard filed a Motion to Compel the Deposition of Defendant Neutron Holdings, Inc. dba Lime's Party-Affiliated Witness, Anthony Maldonado. On August 10, 2022, Defendant Neutron Holdings, Inc. dba Lime filed an opposition to Plaintiffs' Motion to Compel. On August 15, 2022, Plaintiffs filed a reply to Defendant's opposition. 2. Motion to Compel Deposition of Defendant Neutron Holdings Inc. dba Lime's Party‐ Affiliat...

Excerpt: ...$900,000.00. Plaintiff alleges Defendant has failed to make the final payment of $400,000.00 and to take on the obligations of the business, including equipment leases, vendor contracts, office leases, and utilities. Plaintiff filed the operative First Amended Complaint (“FAC”) on 3/2/22, asserting causes of action for: 1. Breach of Contract 2. Fraud 2. Meet and Confer Defendant's counsel declares that he sent Plaintiff's counsel a meet and c...

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

Excerpt: ...heir deficiency. 2. Motion for Attorneys' Fees a. Procedural History Plaintiff filed the complaint on 10/25/21. Defendants filed a motion to quash and demurrer on 12/06/21; after ex parte proceedings to expedite the hearing, the Court granted the motion to quash in part and denied it in part on 2/01/22, and overruled the demurrer. On 2/14/22, the individual defendants filed a demurrer to the complaint; after ex parte proceedings to expedite the h...

Excerpt: ...amage, and ongoing emotional distress as a result of the bed bug bites. Plaintiff's complaint includes causes of action for: · Breach of the Implied Warranty of Habitability; · Battery; · Negligence (Premises Liability/Failure to Warn); · Nuisance; · IIED; · NIED; · Breach of Contract; · Breach of Covenant of Quiet Enjoyment; · Fraudulent Concealment. 2. Demurrer a. Initial Note This case was originally assigned to the personal injury hu...