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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...