Excerpt: ...fendant D/AQ Corporation (dba Daum Commercial Real Estate Services) (“Daum”) for property management services. In 2016, Plaintiff was working at the property when he fell from the top of an allegedly defective staircase, sustaining injury. The Quagletti defendants (previously Does 1 and 2) have been dismissed. The First Amended Complaint (“FAC”) alleges: (1) premises liability, and (2) negligence. Defendants Feit and Daum now move for sum...

Excerpt: ...r 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. I. Standard “Public policy favors contractual arbitration as a means of resolving dispute...

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 l...

Excerpt: ...ponsibilities 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, resulting in Plaintiff rolling out of the bed and fracturing her hip. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. General Negligence, 2. Elder/Dependent Adult Abuse Under Welfare & Ins. Code § 15657.23, and 3. Medical Mal...

Excerpt: ...tal care. Plaintiff Princess Naope was 31 weeks pregnant, with twins, when she attended a prenatal visit with Defendant Allen who noted Plaintiff's high blood pressure. Defendant Allen referred Plaintiff to Defendant Chavira at Defendant Maternal Fetal Medicine Associates (“MFMA”), who sent Plaintiff to St. Francis. Defendant Allen arrived and performed the delivery, where one of the twins was born deceased. The First Amended Complaint (“FA...

Excerpt: ... of the field. The parties resolved the case in November 1999 by entering into a settlement agreement. Pursuant to the settlement agreement, Barto and Alamitos Land entered into another agreement called the Surface Use Relinquish Agreement and Grant of Easement (“SURGE”). The SURGE concerned an area located within Signal Hill East Unit known as the Boneyard. The SURGE granted easements allowing Barto to use the property for its oil operations...

Excerpt: ...uently, this Court awarded Rios an additional $10,960 in fees for the appeal on May 30, 2019. Rios moved to vacate the May 30, 2019 award because the remittitur for the appeal was not issued until June 13, 2019, making the attorneys' fees motion premature and void. Currently, Rios requests the Court enter an order awarding attorneys' fees now that the remitter has issued. The motion is unopposed. For the reasons set forth below, the Court grants ...

Excerpt: ...nt Louis Brian Teque, a real estate agent, and Defendant Capero Investments, LLC. Defendant Golden State Real Estate, Inc., represented Torres. Defendant Marciano Moreno conducted an appraisal of the property. Plaintiff purchased the property and began renovating but discovered extensive fire damage that rendered the property uninhabitable. Plaintiff now moves for an order allowing pre‐trial discovery of Defendants' Capero Investments, Inc., an...

Excerpt: ...he was assisted to her room, where she lost her balance and was helped to the floor. Her condition deteriorated rapidly and, less than an hour after her first collapse, she was dead. After an investigation, defendant Department of Public Health of the State of California ("DPH") issued a Class AA citation and $100,000 penalty against Amada, finding that Amada failed to provide proper and timely care, and that Resident‐ I died as a proximate res...

Excerpt: ...ounty of Los Angeles, Jose Serrano, Ventura Highway Inc., Jonathan Osorio, and Walsh Shea Corridor Constructors (DOE 1, erroneously sued as Walsh Construction Company and J.F. Shea Construction, Inc.) either negligently closed, or allowed to be closed, various sidewalks, bicycle lanes, or alternative routes for skateboarders or pedestrians, or negligently owed/maintained/operated a skateboard or motor vehicle. Defendants Walsh Shea Corridor Const...

Excerpt: ...mproper 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 Defendants Gwen M. Allen, M.D., and Gwen M. Allen, M.D., Inc., move for summary judgment. Plaintiff has filed a notic...

Excerpt: ...f 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 Servicin...

Excerpt: ...grounds both the first and second causes of action fail to state facts sufficient to constitute a cause of action pursuant to C.C.P. section 430.10(e). ALLEGATIONS On February 19, 2015, Plaintiff sold five parcels of land to Defendant Leyda. (FAC ¶ 6.) These parcels had no water, electricity or sewer hookup. (Id.) After the sale, Leyda's owner, Orozco, asked Plaintiff to share the DWP utilities hooked up to Plaintiff's facilities on the dedicate...

Excerpt: ... 29, 2014. The First Amended Complaint (“FAC”) was filed on February 5, 2019. The Court sustained a demurrer to the FAC on April 18, 2019, with leave to amend. Plaintiff then filed document titled as a motion for leave to file a second amended complaint, that appears as an attempt to file a Second Amended Complaint and the Court deemed it as such. After discussion at the July 2, 2019 hearing, Plaintiff was afforded an opportunity to amend her...

Excerpt: ...endant GS Long Beach LLC demurs to every cause of action in Plaintiffs' Complaint: 1. Breach of Implied Warranty of Habitability 2. Breach of Statutory Warranty of Habitability 3. Breach of the Covenant of Quiet Enjoyment 4. Negligence 5. Violation of CC §1942.4 6. Private Nuisance Defendant concurrently moves to strike paragraphs 10, 17, and 33 alleging entitlement to (1) reimbursement for utilities, (2) treble damages or other statutory or com...

Excerpt: ...Francis Medical Center and Leejoe Pallickal have been dismissed from the action. Defendants Razi, LeMay, and Johnson now move separately for summary judgment. The motions are unopposed. For the reasons set forth below, the Court grants the motions. 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 judgmen...

Excerpt: ...tatutory Elder Abuse/Neglect; 2. Violation of Health & Safety Code § 1430; 3. Negligence Defendant now moves to compel arbitration of the first and third causes of action, and to stay further proceedings. An opposition and reply have been filed and considered. I. Standard Code of Civil Procedure § 1281.2 governs petitions to compel arbitration. A party to an alleged arbitration agreement may file a petition or motion with the trial court. If th...

Excerpt: ...esulting 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 Emotional Distress, (12) False Imprisonme...

Excerpt: ... instead sold it to a third‐party for greater profit. The First Amended Complaint (“FAC”) 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 in...

Excerpt: ...of the facility near a nursing station. She was assisted to her room, where she lost her balance and was helped to the floor. Her condition deteriorated rapidly and, less than an hour after her first collapse, she was dead. After an investigation, defendant Department of Public Health of the State of California ("DPH") issued a Class AA citation and $100,000 penalty against Amada, finding that Amada failed to provide proper and timely car...

Excerpt: ... of the field. The parties resolved the case in November 1999 by entering into a settlement agreement. Pursuant to the settlement agreement, Barto and Alamitos Land entered into another agreement called the Surface Use Relinquish Agreement and Grant of Easement (“SURGE”). The SURGE concerned an area located within Signal Hill East Unit known as the Boneyard. The SURGE granted easements allowing Barto to use the property for its oil operations...