Excerpt: ...of Writ of Attachment as to The Harvest Bar 2, LLC is granted. The attachment remedy allows commercial creditors holding unsecured claims or claims secured only by personal property to create judicial liens on a defendant's property before final adjudication of the claims sued upon. See, Kemp Bros. Const., Inc. v. Titan Elec. Corp. (2007) 146 Cal.App.4th 1474, 1476. The requirements authorizing attachment are the following: (1) the claim must be ...

Excerpt: ... If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(4).” Cal. Rules of Court, Rule 3.1700(b)(1). “Unless objection is made to the entire cost memorandum, the motion to strike or tax costs must refer to each item objected to by the same number and a...

Excerpt: ... 2020. First, this motion was continued from September 30, 2020 to the current date, because moving party had apparently not served Defendant BWMB, LLC with the motion. While it does appear that BWMB, LLC has been served since it filed a substantive opposition, Plaintiff has still not filed the proof of service. Plaintiff is ordered to file the proof of service forthwith. Code Civ. Proc., § 1281.8 states, in relevant part: “(a) As used in this...

Excerpt: ...Hyundai Motor America's Motion to Strike Portions of First Amended Complaint is granted with 20 days leave to amend, in part, and denied, in part. Meet and Confer Demurring/Moving Defendants set forth adequate meet and confer declarations in compliance with CCP §§ 430.41 and 435.5. (Declaration, Sam Azimtash, ¶¶ 2-6.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foun...

Excerpt: ...el Kashfian and Candice Kashfian's Motion to Strike Portions of Complaint is denied. Meet and Confer Defendants set forth an adequate meet and confer declaration in compliance with CCP § 430.41 and CCP § 435.5. (Decl., Thomas J. Weiss, dated Aug. 20, 2020.) Demurrer 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 the ...

Excerpt: ...ial Notice Plaintiffs' request for judicial notice of various recorded instruments as well as various court records is granted pursuant to Evidence Code Sections 452(d) and (h). Motion for Summary Judgment and/or Summary Adjudication The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is i...

Excerpt: ...eave to amend, in part Jean-Paul Cyril Issock, et al.'s Motion to Strike Complaint is denied, in part, and moot, in part. Meet and Confer Demurring/Moving Defendants set forth adequate meet and confer declarations in compliance with CCP §§ 430.41 and 435.5. (Declarations, Justin Escano, ¶¶ 4-6.) Demurrer 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...

Excerpt: ... Ramin M. Roohipour, M.D., Inc.'s Joint Application to File Documents Under Seal is granted. Aetna, Inc.'s Motion for Summary Judgment, or Alternatively for Summary Adjudication of Issues is denied. Application to Seal Exhibits Related to Defendant's Motion for Summary Judgment Plaintiff and Defendant (collectively “Applicants”) jointly filed an application to seal exhibits filed in conjunction with the motion for summary judgment and/or adju...

Excerpt: ... forth a declaration in sufficient compliance with CCP § 439(a). (Decl. Freddie V. Vega, ¶¶ 3-10.) Request for Judicial Notice The request for judicial notice of the Complaint is granted pursuant to Evidence Code Section 452(d). The request for judicial notice of the Apartment Management Agreement is denied. Objections The objections to the declaration of Robert Keith Green are sustained. Objections to paragraphs 3 and 4 to the declaration of ...

Excerpt: ...ithout leave to amend, in part. Meet and Confer Defendants set forth a meet and confer declaration in substantial compliance with CCP § 430.41. (Declaration, Corinna Z. Jiang, ¶¶ 4-8.) Demurrer 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 the sufficiency of the complaint, the court must assume the truth of (1) the...

Excerpt: ...f's First Amended Complaint are sustained without leave to amend. Meet and Confer Demurring Defendants set forth an adequate meet and confer declarations in compliance with CCP § 430.41. (Declaration, Tim Pomeroy, ¶¶ 2-6; Declaration, Fred T. Winters, ¶¶ 2-4.) Request for Judicial Notice Defendants request the Court take judicial notice of the various recorded documents. (Clear Recon Corp., Exhibit 1; Federal Home Loan Mortgage, Exhibits A-H...

Excerpt: ... Properties Airport Plaza, LLC, et al.'s Demurrer to First Amended Cross- Complaint is sustained with 20 days leave to amend. Vasile Properties Airport Plaza, LLC, et al.'s Motion to Strike Portions of First Amended Cross-Complaint is moot. Meet and Confer Cross-Defendants set forth meet and confer declarations in substantial compliance with CCP §§ 430.41 and 435.5. (Declarations, Eamonn Jafari, dated Jan. 27, 2020.) Demurrer A demurrer tests t...

Excerpt: ...oman and RAC Construction, Inc. against the property commonly known as 5959-5961 W. 85th Place Los Angeles, CA 90045, County of Los Angeles, APN #4107-020- 011, recorded on April 27, 2020, in the official records of the County of Los Angeles, document number 20200458743. Legal Standard “The claimant shall commence an action to enforce a lien within 90 days after recordation of the claim of lien. If the claimant does not commence an action to en...

Excerpt: ... authority includes amending a judgment against a corporation to add a nonparty alter ego as a judgment debtor. Hall, Goodhue, Haisley & Barker, Inc. v. Marconi Conference Ctr. Board (1996) 41 Cal.App.4th 1551, 1554-55. The reasoning is based on the theory that the court is not amending the judgment to add a new defendant but is merely inserting the correct name of the real defendant. “Such a procedure is … appropriate … where it can be dem...

Excerpt: ...h a declaration in sufficient compliance with CCP § 439(a). (Decl., Shane E. Coons, ¶¶ 3-6.) Motion for Judgment on the Pleadings A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Code Civ. Proc., § 438, subd. (f). Except as provided by statute, the rules governing demurrers apply. Civic Partners Stockton, LLC v. Youssefi (2013) 218 Cal.App.4th 1005, 1012. �...

Excerpt: ... in part, and overruled, in part. Gold Gate Capital, et al.'s Motion to Strike Portions of Complaint is denied, in part, granted, with 20 days leave to amend, in part, and moot, in part. Meet and Confer Defendants submitted a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Doron F. Eghbali, ¶¶ 3-7.) Defendants did not submit a meet and confer declaration in support of their Motion to Strike in compliance with CC...

Excerpt: ... relevant part: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists ….” “California law reflects a strong public policy in favor of arbitration as a ...

Excerpt: ...P § 187. This inherent authority includes amending a judgment against a corporation to add a nonparty alter ego as a judgment debtor. Hall, Goodhue, Haisley & Barker, Inc. v. Marconi Conference Ctr. Board (1996) 41 Cal.App.4th 1551, 1554-55. The reasoning is based on the theory that the court is not amending the judgment to add a new defendant but is merely inserting the correct name of the real defendant. “Such a procedure is … appropriate ...

Excerpt: ...rprises, LLC's Demurrer to Amended Answer of Augustine Moreno and DML Enterprises, LLC's Demurrer to Answer of Robert Pederson are overruled. DML Enterprises, LLC' and David Leeper's Demurrer to Cross-Complaint is overruled. Meet and Confer Demurring parties filed meet and confer declarations in sufficient compliance with CCP § 430.41. (Decl., David Leeper, ¶ 2.) Request for Judicial Notice Defendant's request for judicial notice is granted, in...

Excerpt: ...uled. Plaintiffs' objections did not quote or set forth the objectionable statement or material, or otherwise comply with the format set forth in Cal. Rules of Court, Rule (“CRC”) 3.1354(b). In addition, Plaintiff did not submit a separate proposed order as required under CRC Rule 3.1354(c). The Court makes the following ruling to Defendant's objections: Defendant's objections 1 to 12 to the declaration of Eris J. Barillas are overruled. Back...

Excerpt: ... Ava Inc.'s Motion to Strike Portions of Cross-Complaint is moot. Meet and Confer Cross-Defendant filed meet and confer declarations in sufficient compliance with CCP §§ 430.41 and 435.5. (Decl., Shant Hagopian, ¶¶ 6-7.) Request for Judicial Notice Cross-Defendant's request for judicial notice of the Complaint is granted pursuant to Evid. Code § 452(d). Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises on...

Excerpt: ...f Complaint is moot. Meet and Confer Defendant filed meet and confer declarations in sufficient compliance with CCP §§ 430.41 and 435.5. (Decls., Ali Ameriopour, ¶ 2.) Demurrer 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 the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded...

Excerpt: ...LING Artur Ambartsumyan, P.A. Defendant Artur Ambartsumyan, P.A.'s Motion for Summary Judgment and/or Summary Adjudication is continued. As to Defendant Artur Ambartsumyan, P.A., in the opposition, Plaintiffs made a specific request for a denial of this motion because Plaintiffs have not been able to take this party's deposition. Code Civ. Proc., § 437c(h) states: “If it appears from the affidavits submitted in opposition to a motion for summa...

Excerpt: ...denied. Objections Declaration of Ivette Zamora: Objections 1, 2, and 4 are sustained. Objection 3 is overruled. Declaration of Jordan Mott: Objection 1 is sustained. Request for Judicial Notice Fair's request for judicial notice and supplemental request for judicial notice is granted. Motion to Stay Arbitration On September 19, 2018 Defendant Xchange Leasing, LLC (“Xchange”) filed its petition to compel arbitration. As part of the petition, ...

Excerpt: ...r summary judgment as to the Cross-Complaint in Intervention brought by Plaintiff in Intervention cannot be ruled upon because Cross-Defendant Patrick Brooks is currently in default. Therefore, the appropriate method to seek judgment as to the Cross-Complaint in Intervention is via an application for default judgment. Inasmuch as the Cross-Complaint in Intervention includes a cause of action to Quiet Title, the application for default judgment mu...

Excerpt: ...tion, written notice of motion, or other similar paper must be signed by at least one attorney of record in the attorney's individual name or, if the party is not represented by an attorney, must be signed by the party. An attorney or unrepresented party who presents a pleading, motion or similar paper to the court makes an implied “certification” as to its legal and factual merit; and is subject to sanctions for violation of this certificati...

Excerpt: ...to Plaintiff's request for judicial notice of Exhibits 1 to 4 is sustained. Exhibit 1 is an excerpt from the deposition of Plaintiff. Exhibit 2 is Plaintiff's hand drawn map of the airport terminal entrance. Exhibit 3 is an airport terminal diagram. Exhibit 4 is an email from Defense counsel for Southwest notifying the parties that the Court had vacated the trial date and final status conference date and that Southwest is withdrawing the portion ...

Excerpt: ...ion for her not reciprocating his advances. The Complaint alleges the following causes of action: 1. Sexual harassment–quid pro quo; 2. Sexual harassment–hostile work environment; 3. Failure to prevent harassment and relation (Gov. Code, § 12940(k)); 4. Sexual battery and assault; 5. Negligent supervision, retention and hiring; 6. Negligent infliction of emotional distress; 7. Intentional infliction of emotional distress; 8. Retaliation; 9. ...

Excerpt: ...�LAUSD”) Demurrer to Complaint is overruled. Defendants Autism Learning Partners' (“Autism Learning”) Demurrer to Complaint is sustained with 20 days leave to amend. Defendant Oscar Renteria's (“Renteria”) Demurrer to Complaint is sustained with 20 days leave to amend. Meet and Confer Defendant LAUSD submitted a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Natasha D. Travis, ¶¶ 3-5.) Defendants Auti...

Excerpt: ...ient compliance with CCP 439(a). (Decl., Juan Hong, ¶ 2.) Demurrer 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 the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded factual allegations; (2) facts that can be reasonably inferred from those expressly pleaded; and (3) judicially...

Excerpt: ...section 128.7, subdivision (a), every pleading, petition, written notice of motion, or other similar paper must be signed by at least one attorney of record in the attorney's individual name or, if the party is not represented by an attorney, must be signed by the party. An attorney or unrepresented party who presents a pleading, motion or similar paper to the court makes an implied “certification” as to its legal and factual merit; and is su...

Excerpt: ...tates, in relevant part: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists ….” “California law reflects a strong public policy in favor of arbitrat...

Excerpt: ...ummary Adjudication is granted. Request for Judicial Notice Defendant's request for judicial notice is granted pursuant to Evid. Code Section 452(d). The Court takes judicial notice of the existence of the Court's record in small claims case number 15S01956 but does not take judicial notice of the truth of any matter set forth in the record. “Taking judicial notice of a document is not the same as accepting the truth of its contents or acceptin...

Excerpt: ...f Trust states, in relevant part: “If … (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument … then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument …. Lender's actions can include, but are not limited to … (b) appearing in court; and (c) paying re...

Excerpt: ... Complaint is overruled, in part, and sustained, in part, with 20 days leave to amend. Meet and Confer Defendants set forth a meet and confer declaration in sufficient compliance with CCP § 430.41 and CCP § 435.5. (Declaration of Robert C. Jenkins, ¶¶ 2.) Demurrer 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 the ...

Excerpt: ...dant set forth a declaration in sufficient compliance with CCP § 439(a). (Decl., Adolfo B. Garber, ¶¶ 2-5.) Request for Judicial Notice Defendant's request for judicial notice of the orders of this Court is granted pursuant to Evid. Code § 452(d). Motion for Judgment on the Pleadings A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Code Civ. Proc., § 438, ...

Excerpt: ...uest for Judicial Notice Defendant's Request for Judicial Notice is granted pursuant to Evidence Code Section 452(h). Motion to Set Aside Default and to Quash Service Code of Civil Procedure § 473.5 states: “(a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to...

Excerpt: ...-Defendant”) Objections Cross-Defendant's objections 1 to 5 and 11 are sustained. Cross-Defendant's objections 6 to 8 are overruled. The Court declines to rule on objections 9, 10, and 12. This evidence is directed to the issue of damages which is not relevant as a triable issue of fact exists regarding liability. The Court need only rule on those evidentiary objections that it deems material to disposition of the motion. CCP § 437c(q). Cross-...

Excerpt: ...th a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Kevin K. Heravi, ¶¶ 3-5.) Request for Judicial Notice Defendant's request for judicial notice of Exhibit A, the Minutes of the Regular Meeting of the El Segundo City Council, Sept. 2, 2014, is granted pursuant to Evidence Code Section 452(h). Defendant's request for judicial notice of Exhibit B, which is purported to be the “[f]ully executed Agreement No. 46...

Excerpt: ...ce with CCP § 430.41. (Declaration, David Breitburg, ¶¶ 1-5.) Demurrer 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 the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded factual allegations; (2) facts that can be reasonably inferred from those expressly pleaded; and (3) judi...

Excerpt: ...,000 within 14 days of the hearing. Objections Defendant's objections 1 to 4 are sustained. Application for Preliminary Injunction “In determining whether to issue a preliminary injunction, the trial court considers two related factors: (1) the likelihood that the plaintiff will prevail on the merits of its case at trial, and (2) the interim harm that the plaintiff is likely to sustain if the injunction is denied as compared to the harm that th...

Excerpt: ...er declaration in sufficient compliance with CCP § 430.41. (Declaration, Greg K. Koeller, ¶¶ 6-7.) Demurrer First Cause of Action for Sexual Battery (Civ. Code § 1708.5) Defendant's demurrer to the first cause of action is sustained with 20 days leave to amend. Plaintiff fails to state facts sufficient to constitute a cause of action against demurring Defendant. Civ. Code, § 1708.5(a) states: “(a) A person commits a sexual battery who does...

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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...on, CA. Plaintiffs alleged that they entered into an oral purchase agreement whereby they would remodel and rent the property with an option to purchase the property. After the value of the property increased, Defendant allegedly reneged on the agreement. On October 25, 2018, Plaintiffs sought and received an order appointing an elisor to effect the transfer of the subject property. Defendants now move to set aside the default judgment. II. Stand...

Excerpt: ...'s goods and to fulfill Reunited's purchase orders. Reunited started receiving complaints from its retailers that orders were missing merchandise; despite Capital's assurances and proffered paperwork showing that the merchandise was delivered to common carriers. Upon inspection of Capital's warehouses, Reunited found much of the missing merchandise and has subsequently found its items being sold by a third party online. Reunited's investigations ...

Excerpt: ...el Cielo, LLC, is the owner of the property. Defendant Abraham Sandoval is allegedly the sole member of Sol. The Second Amended Complaint (“SAC”) alleges: 1. Trespass to land; 2. Private Nuisance; and 3. Trespass to Timber Plaintiffs appealed the Court's ruling on the anti‐SLAPP motion. Defendants prevailed on the appeal and were granted costs. Plaintiffs now move to tax Defendants' costs, specifically a $675 item for a letter of credit/opi...

Excerpt: ...m purchasing a property and 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. ...

Excerpt: ... and operated the premises at 2250 East 111th St., Apt. 220, Los Angeles. Defendants Jessica Garcia and Frances Williams are residents of the apartment complex who allegedly invaded Plaintiffs' unit and committed robbery. The Complaint alleges the following causes of action: 1. Retaliation and Harassment; 2. Discriminatory Housing Practices; 3. Negligence (Civ. Code §§ 1171(a), 3333); 4. Breach of Warranty of Habitability; 5. Breach of Covenant...

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: ...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: ...intiff allegedly developed Biliary Cirrhosis, Systemic Sclerosis, and Raynaud's Syndrome as a result of her exposure to various chemicals during that time‐frame. Defendants are manufacturers and distributors of the chemicals or products. The First Amended Complaint (“FAC”) alleges the following causes of action: 1. General Negligence; 2. Strict Liability—Warning Defect; 3. Strict Liability—Design Defect; 4. Fraudulent Concealment; and 5...

Excerpt: ...tion is unopposed. For the reasons set forth below, the Court grants the motion. II. 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 the court finds that an agreement exists, the court shall order arbitration unless: (1) The right to compel has been waived by the petitioner, or (b) grounds exist for rescission of ...

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

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...