Excerpt: ...d in Negligence and Premises Liability. Defendant filed its Answer on April 13, 2018. Plaintiff deposed Defendant's Person Most Knowledgeable (“PMK”) on June 12, 2019, whereby it request the production of a certain Incident Report produced by Defendant immediately Plaintiff's slip-and-fall accident occurred at its store. In responses to Defendant's objection to the production of this Incident Report, Plaintiff filed the instant motion to comp...

Excerpt: ... rest through a loan from Defendant Steven Michael Lasky (“Steven”) for $85,000.00, with the deed to the Property being transferred to both Plaintiff and Steven. Steven's interest in the Property was transferred to his wife and Co-defendant Lori Ann Lasky (“Lori”), who is also Plaintiff's daughter. Plaintiff alleges that after paying off the loan to Steven on or before October 31, 2011, the Property was conveyed from Steven to Plaintiff. ...

Excerpt: ...eged “Plaintiff lent Defendant $1,000.00 cash. Defendant's adult children are incarcerated and drug addicts. Defendant claimed she lent her last $5,000…to [a] woman in Kansas. Plaintiff temporarily lent Defendant $1,000.00 until her rent [sentence ends incomplete.]” The hearing on Schroeder's Claim and Order was set for January 31, 2019. On January 15, 2019, Lima filed a “Defendant's Claim and Order to Go to Small Claims Court” against ...

Excerpt: ...rvision; (3) Negligent Hiring/Retention; (4) Intentional Infliction of Emotional Distress (IIED); (5) Assault; (6) Sexual Battery (Civil Code (“Civ. Code”) section (“§”) 1708.5); (7) Sexual Harassment (Civ. Code § 51.9); (8) Gender Violence (Civ. Code § 52.4); (9) Breach of Fiduciary Duty; and (10) Constructive Fraud (Civ. Code § 1573). In the Complaint, Plaintiff alleges that Williams, an adult teacher, coach, and employee of both AV...

Excerpt: ...ation revealed the presence of mold in the property. Plaintiff alleges that she developed numerous health afflictions that prevented her from performing her job, and she was further forced to vacate the property due to the mold. Plaintiff filed suit on August 08, 2013, against “CMG Mortgage, a business organization, form unknown”, alleging a cause of action for premises liability and seeking a variety of damages. Service of the Summons and Co...

Excerpt: ... collided with the broken-down vehicle driven by Defendant Felix Adrian Marentes (“Marentes”), an employee of Defendant New Start Transportation, Inc. (“New Start”), on the north-bound State Route 14 in the city of Acton, California. On March 23, 2018, Lemons filed his Complaint in case MC027851, alleging two (2) causes of action for (1) Motor Vehicle Personal Injury; and (2) General Negligence. On April 12, 2018, Country Wide and Gardine...

Excerpt: ...reditors Adjustment Bureau (“Plaintiff”), to whom the policy debts were assigned, filed its Complaint against Defendant alleging four (4) causes of action for (1) Breach of Contract; (2) Open Book Account; (3) Account Stated; and (4) Reasonable Value. On March 01, 2019, Defendant filed its Answer raising 17 affirmative defenses. On June 06, 2019, Plaintiff filed the instant motion for summary adjudication of the First Cause of Action for Brea...

Excerpt: ...of action for (1) Breach of Contract; (2) Open Book Account; (3) Account Stated; and (4) Quantum Meruit. On August 09, 2019, Defendant filed the instant demurrer and motion to transfer the action and consolidate with related case BC524946. Plaintiff filed opposition on August 21, 2019. 2) Analysis Judicial Notice – Defendant requests judicial notice of the court records, complaint, and judgement lien in the Related Case, No. BC524946 and consol...

Excerpt: ...rtments is located at 855 West Jackman Street, Lancaster, California. Plaintiff claims that Defendants violated the anti- smoking provision of the lease agreement by failing to take reasonable measures to eliminate and/or minimize second-hand smoke emanating from another unit in the property. Plaintiff filed her original Complaint on July 27, 2018, alleging causes five (5) causes of action against all defendants sounding in (1) Negligence; (2) Vi...

Excerpt: ...ely the “Defendants”), which Plaintiff Michael W. Pincher, individually and as trustee of the Mary A. Pincher Living Trust (“Plaintiff”) alleges caused Decedent's death. Plaintiff filed the initial Complaint on March 13, 2018, alleging three (3) causes of action for (1) Professional Negligence (Medical Malpractice – Survival Action); (2) Professional Negligence (Medical Malpractice – Wrongful Death); and (3) Elder Abuse. Following fou...

Excerpt: ...ir, repurchase or refund it. (Compl., ¶¶5-19.) Originally filed as an unlimited jurisdiction case, the parties stipulated to have the matter transferred to the limited jurisdiction court effective July 11, 2018. Plaintiff now moves for additional discovery pursuant to Code of Civil Procedure section 95. Defendant filed its opposition on August 13, 2019. Discovery in a limited action is permitted only to the extent provided by in Code of Civil P...

Excerpt: ...ntered against Defendant on January 18, 2018, and default judgment was entered on April 16, 2019. On July 3, 2019, Defendant filed the instant Motion to Vacate Default and Default Judgment (the <0058004a00580056005700 001c001100030037004b[e motion is brought pursuant to Code of Civil Procedure section 473, subdivisions (b) and (d) and is accompanied by a request for judicial notice. The Court denies the request for judicial notice as irrelevant t...

Excerpt: ... of record in the amount of $341.91. Sanctions to be paid within 30 days. Plaintiff Romex Textiles, Inc.'s Motion to Compel Defendant Mosh Company, Inc. to Further Respond to Requests for Production of Documents, and to Request for Monetary Sanctions is CONTINUED TO A DATE TO BE DETERMINED AT THE CASE MANAGEMENT CONFERENCE RE STATUS OF BANKRUPTCY PROCEEDING SET FOR DECEMBER 2, 2019 AT 8:30 AM IN DEPARTMENT 94. ANALYSIS: This action arises from a ...

Excerpt: ...fendant”). Plaintiff filed the instant Motion for Summary Judgment, or in the alternative, Summary Adjudication on June 12, 2019. Defendant filed his opposition on August 12, 2019. I. Legal Standard A party seeking summary judgment has the burden of producing evidentiary facts sufficient to entitle him/her to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c); Vesely v. Sager (1971) 5 Cal.3d 153.) The moving party must make an af...

Excerpt: ...dum of Costs After Judgment filed on April 11, 2019. Defendant's Motion to Tax and/or Strike Costs is GRANTED as to the entire Memorandum of Costs After Judgment filed on April 11, 2019 and DENIED as to the Memorandum of Costs After Judgment filed on February 7, 2017 and Memorandum of Costs On Appeal filed on April 11, 2019. ANALYSIS: Background On June 18, 2014, Plaintiff Westridge Estates Neighborhood Association (“Plaintiff”) filed this in...

Excerpt: ...e Farm Mutual Automobile Insurance Company (“Defendant”), alleging that it breached its obligation to indemnify him for losses he incurred with respect to his insured motor vehicle. The Complaint alleged claims for (1) bad faith breach of contract; (2) bad faith breach of contract; (3) breach of the implied covenant of good faith and fair dealing. On May 22, 2017, the Court sustained Defendant's demurrer to the Complaint with leave to amend. ...

Excerpt: ...ent on May 12, 1999. <00130013001c0003004400 0044004a0044004c0051[ on December 14, 2018. Notice of the latest renewal of judgment was served on Defendant on February 15, 2019. Defendant filed the instant motion to vacate the renewal of judgment on March 15, 2019. Notice that the judgment was assigned to Cavalry Investments, LLC (“Judgment Assignee”) having been filed on August 27, 2012, Judgment Assignee filed its opposition on April 5, 2019....

Excerpt: ...ondent”) demanding arbitration of their uninsured motorist claim. Claimants filed the instant litigation on October 01, 2018, and thereafter filed the instant motion to compel arbitration on December 19, 2018, arguing that Claimants are entitled to completion of arbitration within 90 days. Respondent opposed the instant motion on January 11, 2019, arguing that there is a dispute as to whether Claimants are entitled to insurance coverage in the ...

Excerpt: ... (“J. Leyva”). On April 24, 2017, the Complaint was filed against Defendant, with J. Leyva alleging one cause of action for Negligence, and Plaintiff Tannya Leyva (“T. Leyva”) alleging a cause of action for Loss of Consortium. Defendant filed her Answer to the Complaint on August 07, 2017. The Court, after stipulated requests from the parties, continued the original June 29, 2018 trial date to August 03, 2018, and a second time, to Februa...

Excerpt: ...n for the legal services she provided to Defendant Marcia Golan (“Ms. Golan”). Ms. Golan counter sued Ms. Davis for breach of fiduciary duty, slander, and other things with a Cross-Complaint and First Amended Cross-Complaint (“FAXC”) on April 23 and May 15, 2018, respectively. Ms. Davis answered the FAXC on June 20. On July 29, 2019, Ms. Davis filed the instant Motion for Leave to File an Amended Answer to the FAXC (the “Motion”). Ms....

Excerpt: ...Los Angeles, CA 90025 (the “7-Eleven Store”), but after he was terminated by former Defendant Raymond Varner dba 7-Eleven Store (“Mr. Varner”), he brought this action for failure to provide meal and rest periods and pay wages, among other things. During the course of litigation, Mr. Varner passed away and was substituted in by Estate of Raymond Varner dba 7-Eleven Store (erroneously named separately as “Estate of Raymond Varner and Esta...

Excerpt: ...led as of August 2, 2019. REPLY: None filed as of August 2, 2019. ANALYSIS: On December 28, 2018, Arbitrator Barbara M. Zak issued an Arbitration Award in favor of Petitioner Adam Scot Goldstein (“Petitioner”) and against Respondent Ameriprise Financial Services, Inc. (“Respondent”), which states in pertinent part: The Arbitrator recommends the expungement of all references to occurrence number 1904848 from registration records maintained...

Excerpt: ...ition and also appear for her physical examination. OPPOSITION: None filed as of July 31, 2019. ANALYSIS: Motion to Compel Deposition: Defendant Jennifer Becerra moves the Court to compel Plaintiff to appear for her deposition and requests sanctions. CCP §2025.450(a) provides: “If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination,...

Excerpt: ... against Defendants on May 14, 2019. On June 18, 2019, Defendants filed the instant Motion to Set Aside Default Judgment. No opposition has been filed. MOTION: To set aside the default judgment against Defendants on the grounds that Defendants failed to file a timely answer due to their mistake and ignorance of the law. Defendants mistakenly believed that they only had to appear in person for a court hearing and did not know they had to file an a...

Excerpt: ...fendant was properly served by a registered process server to the address on his driver's license. If the motion is granted, sanctions should be granted against Defendant and his attorney of record. REPLY: Defense counsel reached out numerous times to Plaintiff's counsel in an effort to have the default and default judgment set aside by stipulation. The motion and supporting papers demonstrate that good cause exists to vacate the default and judg...