Excerpt: ...djudication of Issues The court considered the moving, opposition, and reply papers. RULING The motion for summary judgment is DENIED. The motion for summary adjudication is DENIED. BACKGROUND On October 11, 2017, plaintiff Kimiko Leitz (self-represented) filed a complaint against Arthur Natvig, D.D.S. and Pacific Dental Aesthetics for dental negligence and elder abuse. <0044000300560058004500 00510003005200490003[attorney. She is now represented...

Excerpt: ...tion is GRANTED in accordance with the Order for Appointment of Receiver and Requiring Reimbursements. BACKGROUND <0049004c004f0048004700 0044004c005100570003[against Thomas A. Shaw for (1) public nuisance per se, (2) public nuisance, and (3) violation of State Housing Law – Receivership. On September 5, 2019, City of Lawndale filed an amendment to complaint, designating Thomas A Shaw III as Doe 1. LEGAL AUTHORITY <0057004400570048005600 005c00...

Excerpt: ...dar. BACKGROUND On February 14, 2017, Jacob Dewitt filed a complaint against defendants David Joseph <0003005700550058005600 0057004b004800030015>008 Burton Family Trust for (1) ejectment, (2) trespass, (3) declaratory relief, and (4) slander of title. LEGAL AUTHORITY CCP § 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by add...

Excerpt: ...005600 005300520056004c0057[ion was filed. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st, 2 nd, and 4th causes of action. The motion to strike is GRANTED WITHOUT LEAVE TO AMEND as to para. 65 and prayer at 6 for punitive damages. BACKGROUND On March 15, 2019, Jet Pro, Inc. filed a complaint against Corner of La Cienega Terminal LLC for (1) breach of written contract, (2) breach of implied covenant of good faith and fair d...

Excerpt: ...he court granted plaintiff's ex parte application to continue the hearing to September 10, 2019. RULING The demurrer is SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 1 st cause of action for breach of contract, 2 nd cause of action for “loss of economic and business advantage,” and 3 rd cause of action for IIED. The motion to strike is GRANTED WITH 20 DAYS LEAVE TO AMEND. BACKGROUND On March 14, 2019, Dan Andreiu (self-represented) filed a ...

Excerpt: ...ative relief is GRANTED. The court sets aside and vacates the default and default judgment against “Shera, Inc., a Nevada Corporation” entered on January 17, 2019 and February 22, 2019, respectively. Plaintiffs are given leave to file an amended complaint. The court sets an OSC re filing of amended complaint, service, and entry of default, or responsive pleading on December 13, 2019, at 8:30 a.m. BACKGROUND On January 24, 2018, plaintiffs fil...

Excerpt: ...and plaintiffs' joinder. RULING The motion is GRANTED. The court ORDERS that in this action, all present claims and cross- complaints of any kind for implied indemnity, equitable comparative contribution and apportionment or partial or comparative indemnity and apportionment based on comparative negligence or comparative fault against Samuel Kim and Cindy B. Kim be and are dismissed with prejudice. Any and all present and future claims against Sa...

Excerpt: ...rey Anhood, as trustee Responding Party: Defendant Gregory Robert Keese opposed on 8/2/2019 Ruling: The motion for summary adjudication on Plaintiff's First Amended Complaint is GRANTED as to the 1 st, 2 nd, 3 rd, and 4 th causes of action, and is GRANTED as to the 1 st, 2 nd, 3rd, and 5 th requests of Plaintiff's claim for declaratory relief. The motion for summary adjudication on Defendant's Cross-Complaint is DENIED. ALLEGATIONS OF THE COMPLAI...

Excerpt: ...anctions The court considered the motion and opposition. RULING The motion is DENIED. BACKGROUND On July 26, 2016, plaintiff Arturo Lopez (“Plaintiff”) filed his initial complaint against defendants Wedgewood, Inc., Maxim properties Inc., and Niseko Real Estate 2015, LLC (collectively “Defendants”) and Martin Capuchino Sanches for general negligence and premises liability. On November 20, 2017, Plaintiff filed his First Amended Complaint ...

Excerpt: ...08/05/2019 Reply: Plaintiffs replied on 08/12/2019 Ruling: GRANT, Reduced Sanctions of $2,761.65 ALLEGATIONS IN THE COMPLAINT Plaintiffs allege the following. Defendant Wyatt Davidson was an employee of defendant Torrance Unified School District, hired as an assistant coach for the girls' track team. Defendant Wyatt Davidson engaged in an intimate physical and sexual relationship with plaintiff Jane Doe from March 9, 2017 through April 28, 2017. ...

Excerpt: ...ition to ex parte application for temporary restraining order as the opposition to this motion. BACKGROUND On April 25, 2018, Plaintiff Shah Khan filed a lawsuit against his brother Defendant Mahbubur Rahman, and others, arising out of a real property transaction where Defendant agreed to help Plaintiff purchased property and then transfer title to Plaintiff once Plaintiff repaid the loan given by Defendant. After Plaintiff fully repaid the loan,...

Excerpt: ...ply papers. RULING Defendants' motion to compel arbitration and stay action pending completion of arbitration is GRANTED. BACKGROUND On March 20, 2019, Plaintiff John Jackson (“Plaintiff”) filed a complaint against Defendants Swissport USA, Inc. (“Swissport USA”), Swissport SA, LLC (“Swissport SA”), and Sergio Nunez (“Nunez”) for racial discrimination, retaliation, harassment, and failure to take steps necessary to prevent discrim...

Excerpt: ...1) Demurrer to First Amended Cross-Complaint (2) Motion to Strike Portions of First Amended Cross-Complaint The court considered the moving, opposition, and reply papers. RULING The demurrer is OVERRULED as to the 3 rd and 4 th causes of action and SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action. The motion to strike is GRANTED WITH LEAVE TO AMEND as to portions 4 and 5, which relate to attorneys' fees, and is GRANTED WITHOUT LEAV...

Excerpt: ...ply papers. RULING Defendants' motion to compel arbitration and stay action pending completion of arbitration is GRANTED. BACKGROUND On March 20, 2019, Plaintiff John Jackson (“Plaintiff”) filed a complaint against Defendants Swissport USA, Inc. (“Swissport USA”), Swissport SA, LLC (“Swissport SA”), and Sergio Nunez (“Nunez”) for racial discrimination, retaliation, harassment, and failure to take steps necessary to prevent discrim...

Excerpt: ...NIED WITHOUT PREJUDICE. BACKGROUND On January 24, 2018, Plaintiffs filed a complaint against Defendants Shera, Inc., a Nevada Corporation, doing business as “Purrfect Auto Service” (“Shera – Nevada”) and Khen Newz (“Newz”) for breach of contract, negligence, and conversion. On February 22, 2019, the Court entered a Default Judgment against Shera – Nevada and Newz in the amount of $316,776.23. DISCUSSION Plaintiffs move for an orde...

Excerpt: ...pposition, and reply papers. RULING The motion is GRANTED. Anil Mehta is ordered to appear for deposition and to produce documents in response to the request for documents contained in the deposition notice at a mutually agreeable place and on a mutually agreeable date and time. DISCUSSION Plaintiff requests an order compelling the deposition of Anil Mehta and the production of documents and things at deposition. CCP §2025.450(a) provides: “If...

Excerpt: ...t awards attorney's fees in the amount of $21,020 in favor of plaintiff Lomita Plaza, LLC and against defendants Sung Jin Choi and Dong Hee Yi. BACKGROUND On January 4, 2018, plaintiff Lomita Plaza, LLC filed a complaint against Sung Jin Choi and Dong Hee Yi for breach of written lease. In the complaint, plaintiff alleges that on April 1, 2007, plaintiff, as lessor, and Hoon Kim, as lessee, entered into a written Shopping Center Lease, pursuant t...

Excerpt: ...he court considered the moving, opposition, and reply papers. The court also considered the supplemental briefs. The hearing was continued from July 12, 2019. RULING The motion is GRANTED. Defendant Agust Agustsson is allowed to withdraw $92,589 from the blocked account. BACKGROUND On September 22, 2017, plaintiffs Tomas Agustsson, ind. and as membership holder derivatively on behalf of 34000 Figueroa Partners LLC, Takako Agustsson, ind. and as s...

Excerpt: ...G The motion is DENIED. LEGAL AUTHORITY California Rules of Court (“CRC”), Rule 2.550(c) states: “Unless confidentiality is required by law, court records are presumed to be open.” But a party may move to seal records pursuant to Rules 2.550- 2.551. CRC Rule 2.551(b)(1) states: “A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record. The motion or application must be acc...

Excerpt: ...nt requests that the court quash the deposition subpoena to David Smith and for a protective order. CCP § 1987.1(a) states, “[i]f a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving ...

Excerpt: ..., 2018, plaintiff Eve Shatkin filed a complaint against Alan Marvin Wood, ind. and as trustee of The Alan Wood Revocable Trust, and Wells Fargo Bank, N.A. On August 15, 2018, plaintiff filed a First Amended Complaint for (1) quiet title and adverse possession, (2) partition of real property by sale, (3) accounting, (4) violation of Civil Code §2223, (5) violation of Civil Code §2224, (6) negligence, (7) breach of fiduciary duty, and (8) promiss...

Excerpt: ...urt also considered oral argument. RULING The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st and 2 nd causes of action and SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 3 rd cause of action. BACKGROUND On December 11, 2018, Pinesight LLC and Veritas Liberabit Vos LLC filed a complaint against Zon Inc, Cameron Wilson, and Sarah Aikin for (1) and (2) declaratory relief, (3) breach of contract, (4) damages for breach of fiduciary duti...

Excerpt: ...ling:Defendants' Motion for Summary Adjudication is GRANTED as to Plaintiff's causes of action for Public Disclosure of Private Facts and for Nuisance, and DENIED as to Plaintiff's cause of action for Intrusion into Private Affairs. BACKGROUND This action arises from allegations that Defendants, owners of property adjacent to Plaintiff's property, installed a surveillance camera pointed at Plaintiff's backdoor, to then release the footage to thir...

Excerpt: ... did not file an opposition or reply papers. RULING The motion is granted as modified. BACKGROUND This is a breach of contract case arising out of a dispute over a Medicare surety bond that Plaintiff SureTec Insurance Company (“Plaintiff”) issued to Fay Medical Supply and an indemnification agreement executed by Defendants Mondesola Akinbi, Felix Akinbi, and Fay Medical Supply (collectively “Defendants”). On July 7, 2017, Plaintiff filed ...

Excerpt: ...emurrer is OVERRULED as to the 4 th and 5 th causes of action and SUSTAINED WITH LEAVE TO AMEND as to the 1 st, 2 nd, and 6 thcauses of action in the complaint. The motion to strike is GRANTED WITH LEAVE TO AMEND. BACKGROUND This is a habitability action brought by Plaintiff-tenant Devona Hancock against Defendants-landlords Cory Laboy and Gadera Property Management, Inc. The complaint has causes of action for: (1) breach of warranty of habitabil...