Excerpt: ...dant Gallagher Bassett Services, Inc.'s Demurrers to the First Amended Complaint (“FAC”) are sustained with 20 days leave to amend, in part, and without leave to amend, in part. The demurrers to the first through third causes of action are sustained with 20 days leave to amend. The demurrers to the fourth cause of action are sustained without leave to amend. Meet and Confer Defendants filed meet and confer declarations in sufficient complianc...

Excerpt: ...ted her with illicit drugs and used her resulting helplessness to rape her. The First Amended Complaint (“FAC”) alleges the following causes of action: (1) Assault, (2) Battery, (3) General Negligence, (4) Negligent Hiring, Supervision, Retention, (5) Sexual Assault and Battery, (6) Sexual Harassment, (7) Gender Violence, (8) Negligent Per Se, (9) Sexual Battery, (10) Intentional Infliction of Emotional Distress, (11) Negligent Infliction of ...

Excerpt: ...rt at 1957 Del Amo Blvd, Rancho Dominguez, California 90220. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Breach of Third Party Beneficiary Contract; 2. Unjust Enrichment; 3. Breach of Implied Contract/Quantum Meruit; 4. Fraud/Intentional Misrepresentation Defendant MHA now demurs to the FAC and moves to strike the request for attorneys' fees from the prayer. An opposition and replies have been filed and cons...

Excerpt: ...intiffs found themselves at a red light with a train approaching. In moving the car off the tracks, plaintiffs collided with defendant Jasmin Pimental, who was travelling southbound on Willowbrook. The Los Angeles County Metropolitan Transportation Authority, County of Los Angeles, City of Compton, and the State of California are also named as defendants. The Complaint alleges the following causes of action: (1) negligence/motor vehicle, and (2) ...

Excerpt: ...nts Arturo Perez, Martin Romero, and Javier Gomez were Plaintiff's supervisors. The Complaint alleges the following causes of action: 1. Discrimination in violation of FEHA, 2. Retaliation in violation of FEHA, 3. Hostile Work Environment in violation of FEHA, 4. Failure to Prevent Discrimination, Harassment, or Retaliation in violation of FEHA, 5. Failure to Pay Wages, 6. Wrongful Termination/Adverse Employment Action in violation of Public Poli...

Excerpt: ... to fulfill his monthly obligations but Defendants rejected his payments. Plaintiff executed the loan agreement with Household Finance Corporation (“HAC”) on January 26, 2006. Defendant Caliber began servicing the loan on August 1, 2016. The Third Amended Complaint (“TAC”) alleges the following causes of action: 1. Breach of Contact; 2. Breach of the Covenant of Good Faith and Fair Dealing 3. Violation of Statute The third cause of action...

Excerpt: ...mary judgment, arguing that it is entitled to protection under the workers' compensation exclusivity rule. The motion is opposed. II. Standard A “motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (C.C.P., § 437c(c).) "A moving party need only show it is entitled to the benefit of a presum...

Excerpt: ...improper administration of epidural anesthesia and airway protection leading to Robles' severe brain injury. The Second Amended Complaint (“SAC”) alleges the following causes of action: 1. Medical Malpractice; 2. Negligent Concealment/Negligent Misrepresentation; 3. Negligent Infliction of Emotional Distress; 4. Medical Battery Defendant St. Francis Medical Center now moves for summary adjudication as to the fourth cause of action. Defendants...

Excerpt: ...clinic to speak with Defendant Kamson about a potential externship for her medical assistant program, Plaintiff was shown into a medical room to talk with Defendant. However, after a brief discussion about the externship program, Plaintiff asserts Defendant Kamson sexually assaulted her. Criminal charges have been filed against Defendant Kamson in Los Angeles County, Case No. YA1000507. Defendant Abdoulaye Diop, M.D., is a professional medical co...

Excerpt: ...postponed to December 7, 2019, when Defendant acquired counsel. Plaintiff also requested a continuance, and by agreement of the parties the current date of January 24, 2020 was set. Plaintiff dismissed the action on January 15, 2020. Defendant now moves for attorneys' fees under the Mobilehome Residency Law. The motion is unopposed. For the reasons set forth below, the Court denies the motion. II. Standard Code of Civil Procedure § 1033.5(a) lis...

Excerpt: ...refusing to pay invoices as of August 2019. There is currently $2,016,722.81 in unpaid invoices. The Complaint alleges the following causes of action: 1. Breach of Contract; 2. Account Stated; and 3. Quantum Meruit Plaintiff now moves for a writ of attachment. An opposition and reply have been filed and considered. For the reasons set forth below, the Court grants the application. I. Standard “Attachment is a prejudgment remedy which requires a...

Excerpt: ...ull amount owed under the contract, leaving $47,189.75 outstanding. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Breach of Contract; 2. Promissory Fraud; and 3. Common Counts Defendants now demur to the FAC. An opposition and reply have been filed and considered. For the reasons set forth below, the Court finds as follows: I. Standard A demurrer tests the sufficiency of a complaint as a matter of law and rais...

Excerpt: ...tiff. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Malicious Prosecution; 2. Abuse of Process; 3. Defamation, per se; 4. Intentional Infliction of Emotional Distress; 5. Negligent Infliction of Emotional Distress; and 6. Intentional Alienation of Parental Affection. Defendants now demur to the FAC. An opposition and reply have been received and considered. For the reasons set forth below, the Court finds as f...

Excerpt: ... to turn left onto Alondra. Plaintiffs found themselves at a red light with a train approaching. In moving the car off the tracks, plaintiffs collided with defendant Jasmin Pimental, who was travelling southbound on Willowbrook. The Los Angeles County Metropolitan Transportation Authority, County of Los Angeles, City of Compton, and the State of California are also named as defendants. The Complaint alleges the following causes of action: (1) neg...

Excerpt: ... strike the answer. Oppositions and replies have been filed and considered. For the reasons set forth below, the Court finds as follows: II. Standard a. Demurrer A demurrer tests the sufficiency of a pleading as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of a pleading, the court must assume the truth of (1) the properly pleaded factual allegations; ...

Excerpt: ...lleges that Wells Fargo improperly foreclosed on his property and that Ralph Partners failed to care for his personal property after his eviction from the property. The Fourth Amended Complaint (“FAC”) alleges the following causes of action: 1. Fraud and misrepresentation, 2. Negligence, 3. Bailment, and 4. Conversion Only the first cause of action is alleged against Defendant Wells Fargo, which now demurs to the FAC. An opposition and reply ...

Excerpt: ...d instead sold it to a third‐party for greater profit. The Second Amended Complaint (“SAC”) alleges the following causes of action: 1. Unjust enrichment; 2. Professional negligence and interference with opportunity; 3. Negligence; 4. Negligent misrepresentation; 5. Fraudulent misrepresentation; 6. Fraudulent concealment; 7. Breach of escrow contract; 8. Breach of implied covenant of good faith and fair dealing; 9. Unfair business practices ...

Excerpt: ...ion. Plaintiffs allege the intersection was dangerous because of a 49‐foot offset. Defendants also include the City of Paramount, the State of California, and Willdan Engineering (Doe 1). Defendant Garcia has filed a Cross‐Complaint against Defendant City of Paramount. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Negligence, and 2. Dangerous Condition of Public Property Defendant Willdan now demurs to the...

Excerpt: ...mirez attempted a reckless left turn, causing the collision. Defendants argued Defendant Ramirez had a green arrow, and that Plaintiff's sudden acceleration caused the collision. The case proceeded to a jury trial, where a verdict was rendered for the Defendants. Plaintiff now moves for a new trial and to tax costs. Oppositions and replies have been filed and considered. For the reasons set forth below, the Court denies the motion for new trial a...

Excerpt: ...tra Rea Diaz, who was admitted to Defendant Martin Luther King Jr. Community hospital with severe back pain. The Complaint alleges that she also developed a right foot injury and pressure injury to the sacrum area. She was later found without a pulse, and was unable to be resuscitated. Plaintiffs are currently self‐ represented. The Complaint alleges the following causes of action (“CoA”): 1. Wrongful Death (Medical Malpractice); 2. Surviva...

Excerpt: ...stments, LLC (“ASI”), for help. The LLC is run by Defendants Timothy Ogburn and James Ogburn, who are brothers. On November 29, 2018, ASI agreed to lend Plaintiff $400,000 to pay off the reverse mortgage. ASI executed a deed of trust in favor of itself in the amount of $360,000 and executed a second deed of trust in for $40,000 in favor of Defendant Guliex. Defendant Guliex, a contractor, was to conduct repairs and construction on the propert...

Excerpt: ...ongfully evicted him from the premises. Plaintiff is self‐ represented. The Complaint alleges causes of action for (1) Breach of Contract, (2) Conversion of Property, (3) Injunctive Relief. Defendants demur to the Complaint. No opposition has been received. II. Standard A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing ...

Excerpt: ...ar recovering from multiple surgeries to his foot. The Complaint alleges the following causes of action: 1. Intentional Infliction of Emotional Distress, 2. Dependent Adult Abuse, 3. Breach of Fiduciary Duty, and 4. Negligence Defendant now moves to compel arbitration based on an arbitration agreement. An opposition and reply have been filed and considered. The Court ruled primarily for the Defendant, but an outstanding issue as to the authentici...

Excerpt: ...ing the development; defendant Sol Del Cielo, LLC, is the owner of the property. Defendant Abraham Sandoval is allegedly the sole member of Sol. The First Amended Complaint (“FAC”) alleges: 1. Trespass to land; 2. Private nuisance; 3. Trespass to timber; and 4. Conversion Plaintiffs now move for leave to file a Second Amended Complaint (“SAC”). The motion is unopposed. Trial is currently set for December 9, 2019. As set forth below, the C...

Excerpt: ...Asian Foods, Inc. Wismettac was insured by Plaintiff Travelers Property Casualty Company of America, which covered Wismettac's losses from the incident. Plaintiff has now filed suit against the following entities involved with the warehouse: Defendant Rexford Industrial‐1065 Walnut, LLC (owner), Defendant Rexford Industrial Realty and Management Inc., Defendant Rexford Industrial Reality Inc., and Defendant Prime Time Cold Storage, LLC (lessee)...

Excerpt: ...aintiff's employer. Defendants Arturo Perez, Martin Romero, and Javier Gomez were Plaintiff's supervisors. The Complaint alleges the following causes of action: 1. Discrimination in violation of FEHA, 2. Retaliation in violation of FEHA, 3. Hostile Work Environment in violation of FEHA, 4. Failure to Prevent Discrimination, Harassment, or Retaliation in violation of FEHA, 5. Failure to Pay Wages, 6. Wrongful Termination/Adverse Employment Action ...

Excerpt: ...ff failed to make payments in 2008. In 2011, an assignment of deed of trust was executed in favor of Defendant Bank of New York Mellon, as trustee for the 2006‐BC5 Trust (“BONY”). Plaintiffs dispute this assignment. In 2013 a Notice of Default was recorded against the property, which, Plaintiffs allege, falsely claimed BONY possessed the power to foreclose on the property. In a letter dated September 15, 2017, Defendant Bayview Loan Servici...

Excerpt: ... the corporations to enrich themselves. Global and AYT are joined as nominal Defendants. AYT is a taxi logistics business that provides services for 61 taxi cabs, as well as support for Global, which provides disabled individuals with paratransit services under a government contract. The relationship between the parties began to deteriorate in 2017. On June 5, 2018, Levertov's accountant visited Global and AYT to view their books. He conducted a ...

Excerpt: ...er arrested for the theft of a phone. Hunter further alleges he was kept in jail for six days and the charges were later dropped. The Complaint alleges the following causes of action: (1) General Negligence; (2) Breach of Fiduciary Duty; (3) Defamation; (4) Assault; (5) Battery; (6) False Imprisonment; (7) Violation of Bane Act (Civil Code § 52.1) Defendant now moves to strike the Complaint as a strategic lawsuit against public participation (�...

Excerpt: ...he contract. The vehicle is a 2015 GMC Light Duty Sierra 3500 Crew Cab Denali 4WD. Plaintiff now applies for a writ of possession. The application is unopposed. As discussed herein, the application is granted. II. Standard To obtain a writ of possession, a plaintiff must show they have the right to immediate possession of tangible personal property, and the property is being wrongfully withheld by the defendant. (C.C.P., § 512.010; Englert v. IV...

Excerpt: ...rty from Plaintiff to Defendant Thomas Knight (“Defendant”) and his now deceased wife Defendant Stella Knight. On April 11, 2018, Plaintiff filed his complaint that alleges the following causes of action: (1) Quiet title, (2) Cancellation of deed, (3) Fraud, (4) Constructive trust, (5) Declaratory relief, and (6) Forgery Plaintiff asserts against Defendant all causes of action except the sixth. On July 16, 2019, the Court granted Defendant's ...

Excerpt: ...U.S. retailers. Reunited contracted with defendant Capital Logistics & Warehousing West, Inc. (“Capital Logistics West”), to store Reunited's goods and to fulfill Reunited's purchase orders. This contract involved a facility located within California and was signed by Defendant Paul Greenspan (“Greenspan”) on behalf of contracting parties labeled as “Capital Logistics & Warehousing Inc.,” “Capital Logistics & Warehousing,” and “...

Excerpt: ...Louie”) (collectively “Defendants”) for breach of warranty of habitability, negligent maintenance of premises, and intentional infliction of emotional distress. On May 6, 2019, Defendants filed a demurrer and motion to strike. The demurrer and motion to strike were set for hearing on June 6, 2019. On May 7, 2019, Plaintiffs filed a first amended complaint (“FAC'), asserting causes of action for breach of warranty of habitability, negligen...

Excerpt: ...he action resulted in a settlement agreement whereby the Defendants Richard Machut and Iron Mountain Woodworks agreed to restore the car by October 31, 2018 or agree to enter a stipulated judgment in the amount of $70,000. The Court retained jurisdiction under CCP § 664.6. Plaintiff now moves to enforce the settlement agreement and for judgment to be entered thereon. No opposition has been filed. For the reasons set forth below, the Court grants...

Excerpt: ...gedly caused her mother's signature to be notarized and then forged the signature of her father, Jose Munoz. The Grant Deed was recorded with the Los Angeles County Recorder's office on July 21, 2005 by United Title Company. On February 11, 2008, Martha Munoz Martinez and Jose Jesus Martinez signed an Interspousal Grant Deed in favor of Jose Jesus Martinez. It was recorded by defendant Fidelity National Title Company. Jose Jesus Martinez then too...

Excerpt: ... refinanced the property with a loan from defendant Quicken Loans. The Complaint includes causes of action for conversion and quiet title. Default was entered against Defendant Davis on March 5, 2019. Davis was self‐represented until May 21, 2019, and is now represented by counsel. Davis now moves to have the entry of default set aside. An opposition, reply, and sur reply were filed. The sur reply is improper and was not considered. For the rea...

Excerpt: ...mant Pande performed an endoscopic retrograde cholangiopancreatography with sphincterotomy whereby Dr. Pande made several unsuccessful attempts to cannulate the common bile duct. Upon seeking further treatment, Plaintiff was informed that her bile duct had been removed. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. Medical Negligence, 2. Battery, 3. Negligent Infliction of Emotional Distress, 4. Intentional In...

Excerpt: ...fendant Anthony Bustamante conveyed the property to Plaintiff, so Defendant Bustamante's subsequent conveyance to Defendant Petrolla Avenue, LLC, was void. The issue is that the deed which purportedly conveyed the Property from Bustamante to Plaintiff spelled Bustamante's name as Bustamonte instead of Bustamante, so it did surface during the title search. There are three Defendant entities with similar names: (1) Petrolia Avenue Loan, LLC (“Pet...

Excerpt: ...s Arturo Perez, Martin Romero, and Javier Gomez were Plaintiff's supervisors. The Complaint alleges the following causes of action: 1. Discrimination in violation of FEHA, 2. Retaliation in violation of FEHA, 3. Hostile Work Environment in violation of FEHA, 4. Failure to Prevent Discrimination, Harassment, or Retaliation in violation of FEHA, 5. Failure to Pay Wages, 6. Wrongful Termination/Adverse Employment Action in violation of Public Policy...

Excerpt: ...s responsibilities were to provide sponge baths and assist Plaintiff with dressing. On October 9, 2018, Plaintiff alleges Defendant Diaz did not raise the side rail on Plaintiff's hospital bed and rolled Plaintiff off the bed, resulting in her falling to the floor and fracturing her hip. The Complaint alleges the following causes of action: (1) General Negligence, (2) Elder/Dependent Adult Abuse Under Welfare & Ins. Code § 15657.23, (3) Declarat...

Excerpt: ...ner. Upon arrival, the container was empty. Defendant Transatlantic Products and Shipping Services specially moves to quash service of the Summons and Complaint for lack of jurisdiction. Plaintiff opposes. For the reasons set forth below, the Court grants the motion. II. Standard Code of Civil Procedure § 418.10 allows a defendant to move to quash the service of the summons and complaint for improper service. In evaluating a motion to quash, “...

Excerpt: ...ct”) wherein HTEC would provide electrical line construction and maintenance services. The Contract was governed by the MSA and incorporated its terms into the agreement. Pursuant to the Contract, Plaintiff Kevin DeVaughn and decedent Philip Pechacek, both HTEC employees, were working to replace a Buried Underground Residential Distribution (“BURD”) switch and transformer in Hermosa Beach on March 29, 2015. They were working in an undergrou...

Excerpt: ...ct”) wherein HTEC would provide electrical line construction and maintenance services. The Contract was governed by the MSA and incorporated its terms into the agreement. Pursuant to the Contract, Plaintiff Kevin DeVaughn and decedent Philip Pechacek, both HTEC employees, were working to replace a Buried Underground Residential Distribution (“BURD”) switch and transformer in Hermosa Beach on March 29, 2015. They were working in an undergrou...

Excerpt: ...ct”) wherein HTEC would provide electrical line construction and maintenance services. The Contract was governed by the MSA and incorporated its terms into the agreement. Pursuant to the Contract, Plaintiff Kevin DeVaughn and decedent Philip Pechacek, both HTEC employees, were working to replace a Buried Underground Residential Distribution (“BURD”) switch and transformer in Hermosa Beach on March 29, 2015. They were working in an undergrou...

Excerpt: ...tiff also alleges a multitude of defendants engaged in a predatory lending scheme to convince Plaintiff to purchase the property. Defendant Brandon Soto is an employee of Defendant Accurate Inspections and inspected the property on Plaintiff's behalf. The Complaint alleges the following causes of action: (1) Breach of Contract; (2) breach of Covenant of Good Fai th a nd Fair Deali n g; (3) Negli ge nce; (4) Violation of California Predatory Lendi...

Excerpt: ...ocker room attendant assigned to the school. The Complaint alleged the following causes of action: (1) premises liability; (2) negligent supervision and retention; (3) failure to train; and (4) battery. On February 8, 2018, the Court granted Defendant CUSD's motion for summary judgment and granted summary adjudication in favor or Defendant Lankster on causes of action 1–3. On December 3, 2018, this action was called for trial on the remaining c...

Excerpt: ..., Inc., on July 2, 2014. In 2015, NDO was acquired by Defendant XPO. Both companies are freight forwarding companies. The Second Amended Complaint (“SAC”) alleges the companies ignored Solorio's behavior because of the profit he generated. Plaintiff alleges she was retaliated against when she reported Solorio's actions. The SAC alleges the following causes of action: 1. Assault; 2. Retaliation (Labor Code § 1102.5, et seq.); 3. Retaliation (...

Excerpt: ...e brought an abatement action against Plaintiff and her son Darryl to abate an alleged narcotics issue at the 118 th Street property. Plaintiff was then approached by her other son, Defendant Byron Halcromb, who warned Plaintiff that the State would take all of her properties, including the Kemp property. Plaintiff alleges that Defendant Halcromb convinced her to grant him power of attorney and to subsequently convey the Kemp property to him to p...

Excerpt: ...LING The motion is DENIED. <0003000300030003000300 00030003000300030003> On July 9, 2018, plaintiff Humberto Ruiz III filed a complaint against defendants Vgod, Inc., Iskandar J. Homran dba Cig Room for (1) strict products liability and (2) negligence. On September 24, 2018, Iskandar J. Homran dba E Cig Room filed a cross-complaint for breach of contract, negligence, and indemnity. LEGAL AUTHORITY The court may, upon a motion, or at any time in i...

Excerpt: ... The court considered the moving, opposition, and reply papers. RULING The motion to set aside default judgment is DENIED. The motion to quash is DENIED. BACKGROUND <0003005700550058005600 004b0048000300300052[nahan Trust Dated February 12, 2001, filed a complaint against Libiano Investments, Inc. and Lance Libiano for breach of contract (promissory note) and breach of contract (guaranties). <0048000300480051005700 004c0051005600570003[defendants...