Excerpt: ... occurred on 9/24/22 at Knollwood Country Club (Knollwood) located in Granada Hills, California. Petitioner Kevin Michael Chao (Petitioner) claims Knollwood is owned, operated, managed, and/or controlled by Respondent County of Los Angeles (Respondent). Petitioner alleges that on 9/24/22, while lawfully golfing at Knollwood, Petitioner was attacked by an unknown third -party aggressor, resulting in Petitioner suffering a broken jaw. On 8/18/23, P...

Excerpt: ...1791.1, 1794, 1795.5 ) 5. Fraudulent Inducement – Concealment 6. Negligent Repair ( not alleged against Ford Motor Company ) RULING : The demurrer is sustained with 30 days leave to amend. SUMMARY OF ACTION & PROCEDURAL HISTOR Y This action arises out of Plaintiff Maximilian Webb's (Plaintiff) purchase of a 2018 Ford F -150 (the Vehicle) on 1/14/19. Plaintiff alleges that “[d]efects and nonconformities to warranty manifested themselves within...

Excerpt: ...5.16(c), for an award of attorneys' fees and costs against Plaintiffs Irwin Jacobowitz; Pearl Jacobowitz; Dakota Dusty Zeigerman -Jacobowitz; Arizona Jacobowitz and Montana Jacobowitz jointly and severally in the amount of $7,042.81. RULING : The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a landlord -tenant dispute. On 7/6/23, Plaintiffs Irwin Jacobowitz; Pearl Jacobowitz; Dakota Dusty Ze...

Excerpt: ...s portions of the (First) Amended Complaint relating to punitive damages. RULING : The demurrer is sustained and the motion to strike is granted, both, without leave to amend. SUMMARY OF FACTS & PROCEDURAL HISTOR Y This action arises out of Plaintiff Maria Margarita Carranza's (Plaintiff) care and treatment at Defendant Rinaldi Convalescent Hospital (Defendant) from 4/10/21 to 4/12/21. Plaintiff alleges that she suffered “[s]evere infliction of...

Excerpt: ... granted. SUMMARY OF ACTION On February 27, 2023, Plaintiff The Las Canoas Co. (Plaintiff) filed a complaint against Defendants McGarrigle, Kenney & Zampiello, APC and Patrick C. McGarrigle (the McGarrigle Defendants) and other defendants, including Annette Rubin and Abraham Stuart R ubin (the Rubins), with a single cause of action for malicious prosecution. The cause of action for malicious prosecution is based on the underlying case of McCoy El...

Excerpt: ...an Sr. (Plaintiff) was working at Defendant G4S Solutions (USA) Inc. (Defendant). On 12/13/22, Plaintiff, representing himself, filed this action against Defendant claiming that while at work Plaintiff was assaulted and battered causing Plaintiff to sustain physical and emotional injuries. Plaintiff also claims that he experienced workplace discrimination and gross negligence by Defendant . Although not entirely clear, it appears that Plaintiff i...

Excerpt: ..., the District seeks summary adjudication of the following issues: (1) Plaintiff's 3 rd and 5 th causes of action for negligent supervision and retention must be dismissed because the District and its employees had neither actual nor constructive notice of Defendant Marguerite Lagnado's (Lagnado) propensity to sexually abuse minors (Issue No. 1) (3 rd and 5 th causes of action); (2) The District did not breach any duty to report Lagnado's sexual ...

Excerpt: ...sive medical procedure; (2) depos e Respondent prior to the independent medical examination; and (3) subpoena the medical treatment records, including imaging, of Respondent for the independent medical examiner. RULING : The petition is denied. This petition arises out of an alleged motor vehicle accident (“subject incident”) occurring at approximately 3:45 p.m. on October 17, 2022 on the southbound 5 freeway just north of the 210 freeway ove...

Excerpt: ...Relief 5. Promissory Estoppel 6. Violation of Business & Professions Code 1720 0 RULING : The demurrer is sustained without leave to amend as to the 1 st and 2 nd causes of action and overruled as to the 3 rd, 4 th, 5 th and 6 th causes of action. Answer is due within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of foreclosure proceedings against property located at 9251 Notre Dame Avenue in Chatsworth, California (the Pr...

Excerpt: ...ought by Plaintiff Christopher Go and staying this matter until arbitration has been conducted in accordance with the Order to Arbitrate; an d (2) An order imposing monetary sanctions in the amount of $8,530.00 against Plaintiff Christopher Go and his counsel pursuant to CCP 128.7 . RULING : The motion to compel arbitration and stay this action is granted. The motion for sanctions is denied. SUMMARY OF ACTION AND PROCEDURAL HISTOR Y This action a...

Excerpt: ...STRIKE: An order striking portions of the First Amended Complaint regarding Plaintiff serving the City of Santa Clarita with a claim for damages. RULING : The demurrer is sustained without leave to amend. The motion to strike is placed off calendar as moot. SUMMARY OF ACTION & PROCEDURAL HISTORY This action arises out of an incident that occurred on or about 4/25/22 while Plaintiff Luis Barajas (Plaintiff) was a passenger on a bus driven by Defen...

Excerpt: ...ucement 5. Accounting RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the entire First Amended Complaint and/or the allegations (¶23) and the prayer for punitive damages (Prayer ¶3). RULING : The request to strike the entire First Amended Complaint is denied. The demurrer is sustained with 30 days leave to amend. The request to strike the allegations regarding and the prayer for punitive damages is moot due to the ruling on the demurrer...

Excerpt: ...ctions against Willerford and in favor of JW Brands in the amount of $1,660.00 . RULING : The request to compel responses, without objections, is granted. The request for sanctions is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of an agreement between Defendant 024 Management Services, Inc. (024 Management), Defendant JW Brands LLC (JW Brands) and Plaintiffs Chris Lacroix (Lacroix) and Martin Willerford (Willerford) (coll...

Excerpt: ... Intent to Perfor m 5. Breach of Oral Contrac t 6. Accountin g 7. Defamatio n 8. Injunctive Relie f * Big Battery fails to provide clear notice as to which causes of action are the subject of the demurrer. The notice indicates that Big Battery is demurring to the 3 rd, 4 th, 5 th, 6 th, 7 th and 8 th causes of action. However, the Demurrer and Memorandum of Points and Authorities indicate that Big Battery is demurring to the 2 nd, 5 th, 7 th and ...

Excerpt: ...Without Intent to Perform 5. Breach of Oral Contract 6. Accounting 7. Defamation 8. Injunctive Relief * Lundgren fails to provide clear notice as to which causes of action are the subject of the demurrer. The notice indicates that the Lundgren is demurring to the 3 rd, 4 th, 5 th, 6 th, 7 th and 8 th causes of action. However, the Demurrer and Memorandum of Points and Authorities indicate that Lundgren's demurrer addresses only the 3 rd, 4 th and...

Excerpt: ...ing By Her Guardian Ad Litem, Rosa L. Munguia Rodriguez); and Sonic Martinez (Suing By Her Guardian Ad Litem, Rosa L. Munguia Rodriguez) NOTICE: ok Demurrer is to the entire First Amended Complaint: 1. Violation of Civil Code 1942.4 2. Tortious Breach of the Warranty of Habitability 3. Private Nuisance 4. Business & Professions Code 17200, et seq. 5. Negligence RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions in the compla...

Excerpt: ... Pacoima Plaza Shopping Center, LLC's Request for Production of Documents, Set 1. Additionally, Pacoima Plaza requests an award of sanctions against Plaintiff and her counsel in the amount of $1,815.00. RULING : The request to compel Plaintiff to provide further responses to Requests for Production of Documents, Set 1, is granted. Further responses are due within 30 days. The request for sanctions is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY ...

Excerpt: ...ms just and proper, including reasonable expenses and attorneys' fees incurred by Calvin Klein Studio to defend against, and dispose of, the Complaint. RULING : SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Carlotta Andrea Peart's (Plaintiff) purchase of clothing allegedly manufactured by Defendant Calvin Klein Studio, LLC (Calvin Klein Studio) from Defendant Macy's Retail Holdings, LLC (Macy's) on 9/4/20. Plaintiff al...

Excerpt: ...ligenc e 4. Civil Batter y 5. Intentional Infliction of Emotional Distres s 6. Premises Liabilit y *The causes of action in the caption of the First Amended Complaint do not match those in the body of the complaint. The caption lists the causes of action as: (1) Breach, (2) Violation of Civil Code 1102, (3) Fraud by Concealment, (4) Negligence, (5) Conversion and (6) Battery . RELIEF IN MOTION TO STRIKE: An order striking Plaintiffs' request for ...

Excerpt: ...intiff Valeria Segoviano Hernandez's Third Amended Complaint: 1. Paragraph 19 in its entirety (page 8, lines 4 -6); 2. Paragraph 21 in its entirety (page 8, lines 12 -14); 3. Paragraph 22 in its entirety (page 8, lines 16 -23); 4. Paragraph 23 in its entirety (pages 8 -9, lines 25 -3); 5. Paragraph 24 in its entirety (page 9, lines 5 -7); 6. Paragraph 26 in its entirety (page 9, lines 13 -19); 7. Paragraph 28 in its entirety (pages 9 -10, lines 2...

Excerpt: ...on arises out Decedent Scott S. Emling's (Decedent who died on 12/20/21) alleged promise to leave his entire estate to Plaintiff Charles Yazbeck (Plaintiff) in exchange for Plaintiff taking care of Decedent. On 2/22/22, Defendant Tanya L'Heureux, Administrator of the Estate of Scott S. Emling (Defendant), Decedent's niece, filed a Petition to Administer the estate of Decedent. On 4/8/22, Defendant became the administrator of Decedent's estate. (R...

Excerpt: ...nal Distress 6. Premises Liability *The causes of action in the caption of the First Amended Complaint do not match those in the body of the First Amended Complaint. The caption lists the causes of action as: (1) Breach, (2) Violation of Civil Code 1102, (3) Fraud by Concealment, (4) Negligence, (5) Conversion and (6) Battery. RELIEF IN MOTION TO STRIKE: An order striking Plaintiffs' request for punitive and exemplary damages (¶50a, p.14:3 -4, �...

Excerpt: ... filed and stricken on 8/28/23 . RULING : The motion is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Defendants Everardo Vargas Valencia, Esq. (Mr. Valencia); Everardo Vargas Valencia, A.P.C.; Law Offices of Everardo Vargas Valencia, APC's (Defendants) representation of Plaintiff Socorro Sanchez (Plaintiff) in a prior action. Plaintiff alleges that Defendants committed wrongdoing by converting Plaintiff's settlement fun...

Excerpt: ...e demurrer is sustained with 30 days leave to amend. SUMMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of an agreement entered into by Plaintiffs Talal Altamimi, III (Altamimi) and Mankind Essentials, Inc. (Mankind) (collectively, Plaintiffs) and Defendant Lief Organics, LLC (Defendant) for the manufacture of fertility and dietary pro ducts for Mankind. Based on three orders, Plaintiffs paid Defendant deposits totaling $22,787.50. (Co...

Excerpt: ...efendant Macy's Retail Holdings, LLC's Form Interrogatories, Set 1. Additionally, Macy's requests sanctions against Plaintiff and her attorneys of record in the amount of $892.50; (2) An order compelling Plaintiff Carlotta Andrea Peart to provide verified responses, without objection, to Defendant Macy's Retail Holdings, LLC's Special Interrogatories, Set 1. Additionally, Macy's requests sanctions against Plaintiff and her attorneys of record in ...

Excerpt: ...anted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY On 4/7/22, Plaintiffs Hazelliz Calove and Helen Hernandez Salvador, Trustees of the Minervina Santos Living Trust and Minervina Santos (now deceased) (Plaintiffs) filed this action against Defendant Freddie Nazario, and others, for: (1) Partition of Real Property, (2) Cancellation of Deeds and (3) Reformation of Deeds. At the 9/7/23 Mandatory Settlement Conference, the parties settle...

Excerpt: ... in this matter. RULING : The motion is granted, in part, and denied, in part, as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a warranty contract Plaintiff Omar Maldonado Gonzalez (Plaintiff ) entered with Defendant Ford Motor Company (Ford) on 4/19/22 regarding a 2019 Ford Explorer (the Vehicle). (Complaint ¶15). Plaintiff alleges that “[d]efects and nonconformities to warranty manifested themselves within...

Excerpt: ...LING : The demurrer is sustained with 30 days leave to amend as to the 5 th, 12 th and 17 th causes of action and is otherwise placed off calendar as moot. SUMMARY OF FACTS & PROCEDURAL HISTOR Y This action arises out of a landlord -tenant dispute. On 7/6/23, Plaintiffs Irwin Jacobowitz; Pearl Jacobowitz; Dakota Dusty Zeigerman -Jacobowitz; Arizona Jacobowitz and Montana Jacobowitz (collectively, Plaintiffs), representing themselves, filed this a...

Excerpt: ..., Inc. Claudia Aceves (collectively,“Defendants”) RESPONDING PARTY: Plaintiffs Joy Rhoda Abad, et al. (“Plaintiffs”) NOTICE: ok RELIEF REQUESTED: An order from this Court (1) compelling the signatory Plaintiffs to submit to binding arbitration, and (2) staying proceedings for the remaining Plaintiffs pending the resolution of the arbitration. TENTATIVE RULING: The motion is DENIED. BACKGROUND On July 26, 2023, Plaintiffs filed their Compl...

Excerpt: ...n arises out of a dispute between neighboring property owners regarding trees. Plaintiffs Larry Tran and Cirena Torres (Plaintiffs) contend that neighboring property owner, Defendant Frankie Florez (Florez) improperly cut/damaged trees on their property, has defamed them with regard to the tree situation, etc. On 8/28/23, Plaintiffs, representing themselves, filed this action against Florez and Kings Tree Service, Inc. alleging causes of action f...

Excerpt: ...e amount of $2,460.00 against Defendant Ford Motor Company and its attorneys of records, Mortenson Taggart Adams LLP. RULING : The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a warranty contract Plaintiff Omar Maldonado Gonzalez (Plaintiff ) entered with Defendant Ford Motor Company (Ford) on 4/19/22 regarding a 2019 Ford Explorer (the Vehicle). (Complaint ¶15). Plaintiff alleges that “...

Excerpt: ...to Defendant's Requests for Production, Set 1. Additionally, Defendant requests an order imposing sanctions on Plaintiff Rosa Rodriguez, individually and as Guardian Ad Litem and Plaintiffs' counsel in the amount of $1,270.00 . RULING : The motion is granted as set forth below. Responses, without objections, are due and sanctions are payable within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTOR Y This action arises out of Plaintiffs Rosa L. Mungui...

Excerpt: ...ment 3. Breach of Warranty of Habitability 4. Negligence 5. Negligent Maintenance of Premises 6. Nuisance 7. Common Law Fraud RELIEF REQUESTED IN MOTION TO STRIKE : An order striking allegations regarding punitive damages in the 2 nd, 3 rd and 6 th causes of action and the prayer for punitive damages with regard to these causes of action. RULING : The demurrer is sustained with 30 days leave to amend. The motion to strike is placed off calendar a...

Excerpt: ...ive pleading in this matter. RULING : The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Maria Margarita Carranza's (Plaintiff) care and treatment at Defendant KF Rinaldi, LLC dba Rinaldi Convalescent Hospital (Defendant) from 4/10/21 to 4/12/21. Plaintiff alleges that she suffered “[s]evere infliction of injuries sustained by employees from Rinaldi Convalescent Hospital” by refusing to give her p...

Excerpt: ... by Defendant to Plaintiff Was Defective RULING : The demurrer is sustained without leave to amend. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Zuolin Cao's (Plaintiff) dissatisfaction with Defendant Topa Insurance's (Defendant) handling and denial of the claim for her defense in an underlying action. Since 2015, Plaintiff had an insurance policy issued by Defendant for Plaintiff's real property located at 10500 Alab...

Excerpt: ...ffs then request that the Court pierce the corporate veil and impose various sanctions on Defendant Michael Meadows for A Cleaner Pool, Inc.'s failure to comply with this Court's 12/21/22 order. Specifically, Plaintiffs request that the Court: (1) Impose monetary sanctions against Defendant Michael Meadows in the amount of $3,120.00; (2) Order Defendant Michael Meadows to pay the $1,785.00 in monetary sanctions that the Court previously Ordered A...

Excerpt: ...on RULING : The demurrer is sustained without leave to amend as to the 2 nd, 4 th, 5 th and 6 th causes of action and with 30 days leave to amend as to the 1 st and 3 rd causes of action. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of an “Operating Agreement” entered on 5/5/20 between Defendant Mom's Haus, LLC (Mom's Haus) and Plaintiff Geneva Fontenette (Plaintiff). The “Operating Agreement” was signed by Defendant Marc ...

Excerpt: ...jection, within 10 days from the date of the court hearing on this matter. Additionally, Plaintiff requests sanctions against Armand Vince Garcia in the amount of $1,560.00. RULING: The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY On 5/20/22, Plaintiff Honest Home Improvement Inc. (Plaintiff) filed this action against Defendants Armand Vince Garcia and Garcia Family Trust for: (1) Breach of Contract, (2) Quantum Meruit, (3) Intentiona...

Excerpt: ...(3) Indemnity (4) Declaratory Relief (5) Negligence RELIEF REQUESTED IN MOTION TO STRIKE: An order striking portions of the First Amended Cross- Complaint relating to attorneys' fees, punitive damages and treble damages. RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off calendar. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a dispute regarding real property commonly known as 28212 Kell...

Excerpt: ...ow. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arose out of the alleged breach of a contract between Plaintiff Vaping360 GMBH (Plaintiff) and Defendant Newhere, Inc. dba CBDFX.Com (Defendant) for use of Plaintiff's website hyperlinks to promote and sell Defendant's products. Plaintiff contended that the contract stipulated that Plaintiff would receive commission based on the use of the hyperlinks from Plaintiff's website to Defendant's web...

Excerpt: ...– 16 th and 18 th – 20 th causes of action in Plaintiffs' First Amended Complaint. RULING: The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a landlord-tenant dispute. On 7/6/23, Plaintiffs Irwin Jacobowitz; Pearl Jacobowitz; Dakota Dusty Zeigerman-Jacobowitz; Arizona Jacobowitz and Montana Jacobowitz (collectively, Plaintiffs), representing themselves, filed this action against Defendants Rick Hawthorne, ...

Excerpt: ...mplaint of SiteOne Landscape Supply, LLC. RULING: The motion is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY Plaintiff/Cross-Defendant L.A. Tire Tech, Inc. (L.A. Tire Tech) is a fleet maintenance company who allegedly provided maintenance and repair services to Defendant/Cross-Complainant SiteOne Landscape Supply, LLC (SiteOne) pursuant to an oral agreement. As of 8/21/21, SiteOne notified L.A. Tire Tech that all of its services were no longer n...

Excerpt: ...ntiff and Defendant each own an undivided one-half interest in the parcel of real property commonly known as 17622-17624 Los Alimos Street, Los Angeles, California (APN 2712-028-008) (the Property), and Plaintiff seeks to have the Property divided by partition. Plaintiff seeks to have the Property sold and to have the proceeds distributed pursuant to Plaintiff's and Defendant's ownership interests in the Property, after payment of fees and costs....

Excerpt: ...ica, Inc.'s (Keolis) Special Interrogatories, Set 1, Nos. 11, 19, 13, 31, 36, 37, 40, 41, 44, 65, 68 and 71. Additionally, Keolis requests sanctions against Plaintiff and Plaintiff's counsel, Steven C. Gambardella, in the amount of $1,800.00. RULING: The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY On 6/7/21, Plaintiff Phyllis R. Ginolfi, by and through her Conservator, Christin C. Solis (Plaintiff) filed this actio...

Excerpt: ...ed. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiffs Erickson Lavilla and Rose Ann Lavilla's (the Lavillas) purchase of real property commonly known as 29227 North Rio Lobo Way, Santa Clarita, California 91354 (the Property) from Defendant Forrest K. Balmain (Defendant). Defendant acquired title to the Property on or about 3/2/22 by way of Quitclaim Deed from Mark Balmain. (RJN, Ex.A). On or about 2/12/07, Defendant obta...

Excerpt: ...lied Warranty of Merchantability – Civil Code 1791.1, 1794, 1795.5 5. Fraudulent Inducement – Concealment 6. Negligent Repair RULING: The demurrer is sustained with 30 days leave to amend as to the 5 th cause of action and overruled as to the 6 th cause of action. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiffs Timothy McGinley and Chloe McGinley's (Plaintiffs) purchase of a 2021 Ford F-150 (the Vehicle) on 11/19/21...

Excerpt: ...awarding the Gallegos the entirety of the $12,500 in bond proceeds previously deposited with the Court on 12/15/21. RULING: The motion is granted. SUMMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of claims made on a bond issued by Plaintiff Accredited Surety and Casualty Company (Plaintiff) to Defendants Ava Inc. dba Reliable Roofing and Vahe Gevorkovich Kalashyan (collectively, the Ava Defendants). On 1/9/20, Plaintiff filed this ac...

Excerpt: ...leave to amend as to the 1 st cause of action and without leave to amend as to the 2 nd cause of action. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of services Plaintiff Clean Initiative LLC (Plaintiff) performed for Defendant California Automobile Insurance Company's (Defendant) insured Aaron Gbewonyo (Policy Holder). Plaintiff is in the business of providing inspection and, where necessary, repairs to the roofs of real propert...

Excerpt: ...verse inference jury instructions pursuant to Evidence Code 413 against Defendants Mercedes-Benz of Valencia, Trophy Automotive Dealer Group, LLC and Second Motor Group of Valencia, LLC. RULING: The motion is denied, in part, and granted, in part, as set forth below. FACTUAL SUMMARY & PROCEDURAL HISTORY This action arises out of Plaintiff Anthony Joseph Lazzara, Jr.'s (Plaintiff) employment and termination thereof, on 4/13/21, with Defendant Seco...

Excerpt: ...TS & PROCEDURAL HISTORY This action arises out of Plaintiff Derek Ballot's (Plaintiff) tenancy at the residential property located at 23142 Strathern Street, Canoga Park, California 91304. Plaintiff alleges that the property owners and property manager retaliated against him by trying to evict him for requesting remediation of habitability issues at the property. On 9/25/23, Plaintiff filed this action against RFT Investments, LLC (RFT); Rick Rou...

Excerpt: .... SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of motor vehicle accident that occurred on 8/12/22. Plaintiffs Ka Hyun Kim, Hazel Kim and Iris Kim (Plaintiffs) allege that Defendant Jose Servin, Jr. (Servin) operated the vehicle involved in the accident and that the vehicle was owed by Defendants Jesus Avila and Estela Avila (the Avilas). On 10/12/23, Plaintiffs filed this action against Servin and the Avilas (collectively, Defenda...

Excerpt: ...he motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a dispute between neighbors, Plaintiffs Alex Alvarado and Patricia Alvarado (collectively, Plaintiffs) and Defendants Michael Meadows and Althea Meadows (collectively, the Meadows). On 10/22/20, Plaintiffs filed this action against Defendant Ridgeview Saugus Homeowners Association (the HOA) and the Meadows for: (1) Breach of Governing Document...

Excerpt: ... alleges causes of action for Negligent Hiring, Supervision and Retention of Unfit Employee (3 rd cause of action), Breach of Mandatory Duty: Failure to Report Suspected Child Abuse (4th cause of action), Negligent Supervision of a Minor (5 th cause of action), and Negligent Failure to Warn, Train or Educate (6 th cause of action) against the District. RULING: The motion is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises from all...

Excerpt: ...ce and subsequent mailing on 12/26/22, with Plaintiff Lucy Holdings, LLC's (Plaintiff) Second Amended Complaint. As such, a responsive pleading was due on or around 2/4/23. CCP 414.20 (service was complete 10 days after mailing). On 3/7/23, default was entered against Broederlow. On 3/9/23, Broederlow's then counsel contacted Plaintiff's counsel requesting that Plaintiff stipulate to setting aside the default because he had mistakenly missed the ...

Excerpt: ... Carin Tikidijan's (Plaintiffs) purchase of a used 2018 BMW X5 (the Vehicle) on 11/6/20 from non-party Valencia BMW pursuant to a “BMW Financial Services NA, LLC Motor Vehicle Retail Installment Contract - California)” (the Contract) which contains an arbitration clause. (Grener Decl., Ex.A, §19). Plaintiffs allege that the Vehicle was/is defective and Defendant BMW of North America, LLC (Defendant) has breached the express and implied warra...

Excerpt: ... Documents, Set 1, Nos. 1, 3, 12, 15, 17, 19, 31, 36, 39, 43, 45, 46, 56, 57, 58, 68, 69, 73, 76, 77, 78, 79, 80, 82 and 83. RULING: The motion is granted. Further responses are due within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiffs Taylor Peacock and Austen Smith's (Plaintiffs) ownership of a 2020 Ford Expedition (the Vehicle) which was manufactured by Defendant Ford Motor Company (Ford). Plaintiffs allege...

Excerpt: ...on on 1/23/24. RULING: The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY On 6/7/21, Plaintiff Phyllis R. Ginolfi, by and through her Conservator, Christin C. Solis (Plaintiff) filed this action against Right Choice In-Home Care, Inc. (Right Choice) and HDL, Inc. dba Pacoima Adult Day Care erroneously sued and served as GMA Management Group, Inc. dba Pacoima Adult Day Care (HDL) for dependent adult/elder abuse and neg...

Excerpt: ...granted as to the 1 st cause of action for Fraud and 3 rd cause of action for Quantum Meruit and is otherwise denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of an agreement between Defendant 024 Management Services, Inc. (024 Management), Defendant JW Brands LLC (JW Brands) and Plaintiffs Chris Lacroix (Lacroix) and Martin Willerford (Willerford) (collectively, Plaintiffs). (Complaint, Ex.A). Plaintiffs allege that in or abo...

Excerpt: ...ng 3. Fraud RELIEF REQUESTED IN MOTION TO STRIKE: An order striking certain portions of the complaint. Specifically, Defendants seek to strike the words “his wife, and 4 young children” on page 4, lines 9-10 and the entirety of the “Factual Allegations” beginning at page 4, line 12 with the words “Shortly after he began . . . .” through page 9, line 11 ending with the words “several screen shots of it.” RULING: The demurrer is sus...

Excerpt: ...cements of the following common area and exclusive-use common area components: 1. Leaking windows. 2. Water seepage through the exterior wall and foundation of the Unit 594 garage. 3. The Unit 594 balcony. 4. Roof drainage. 5. Unit 594 roof framing and drywall at the garage ceiling and walls which have been damaged by water intrusion caused by broken common area pipe, rodents, and deterioration from lack of maintenance. 6. Removal of rodents, dea...

Excerpt: ...uing By Her Guardian Ad Litem, Rosa L. Munguia Rodriguez); and Sonic Martinez (Suing By Her Guardian Ad Litem, Rosa L. Munguia Rodriguez) NOTICE: ok Demurrer is to the entire First Amended Complaint: 1. Violation of Civil Code 1942.4 2. Tortious Breach of the Warranty of Habitability 3. Private Nuisance 4. Business & Professions Code 17200, et seq. 5. Negligence RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions in the compl...

Excerpt: ...tt dba Hewitt Construction's complaint. Alternatively, the Diamenti Defendants seek an order granting summary adjudication as to each of the eight causes of action in Plaintiff's complaint and Plaintiff's request for punitive damages. RULING: The motion is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of defendants', including Nicholas Wayne Diamenti, an individual and dba NDI Insurance Agency; Leigh Alexander Diamenti, an ...

Excerpt: ...CEDURAL HISTORY This action arose out of a dispute between a sister, Plaintiff Tamar Hagopian (Plaintiff), and brother, Defendant Raffi Hagopian (Defendant) regarding certain real property. Plaintiff claimed that in 2016 she and Defendant entered an oral agreement whereby Defendant would acquire the house Plaintiff had been living in with her family from Plaintiff's husband whom she was divorcing because Plaintiff could not qualify for a mortgage...

Excerpt: ...aring on this motion. Additionally, Plaintiff requests sanctions in the amount of $2,954.25 against Mission Hills and its counsel of record, Brian Yasuzawa and Logan Hensley of Rosewaldorf LLP. RULING: The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Elias Habib's (Plaintiff) lease of a 2020 Hyundai Ioniq. Plaintiff contends that Defendant Mission Hills Hyundai (Mission Hills) was...

Excerpt: ...E: An order striking paragraph 6 in the Cross-Complaint. RULING: The demurrer is sustained with 15 days leave to amend. The motion to strike is granted without leave to amend. SUMMARY OF FACTS & PROCEDURAL HISTORY Plaintiff/Cross-Defendant L.A. Tire Tech, Inc. (L.A. Tire Tech) is a fleet maintenance company who allegedly provided maintenance and repair services to Defendant/Cross-Complainant SiteOne Landscape Supply, LLC (SiteOne) pursuant to an ...

Excerpt: ...Tenant Lease – Net (“Lease”) with Defendants Koby B. Hair Salon, Inc. and Zohra Ismail. Plaintiff alleges that Defendants failed to pay rent and damaged the rented premises. The amount of rent due is $123,050 and the amount of damages and repairs is $27,319.50. Plaintiff alleges that Ismail personally guaranteed the obligations of Koby B Hair Salon. The complaint, filed July 17, 2023, alleges causes of action for: (1) breach of contract; an...

Excerpt: ...'s Request for Prior Pleadings and Discovery. Additionally, Keolis requests sanctions against Plaintiff and/or Plaintiff's attorney of record, Law Offices of Steven C. Gambardella, in the amount of $860.00. RULING: The motion is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY On 6/7/21, Plaintiff Phyllis R. Ginolfi, by and through her Conservator, Christin C. Solis (Plaintiff) filed this action against Right Choice In-Home Care, Inc. and GMA Manage...

Excerpt: ... th, 9 th, 10 th, 11 th, and 12 th causes of action: 1. Breach of Written Contract 2. Breach of Fiduciary Duty 3. Breach of Fiduciary Duty (Derivative) 4. Breach of Oral Contract 5. Fraud – Intentional Misrepresentation 6. Embezzlement 7. Quantum Meruit 8. Accounting 9. Violation of Business & Professions Code 17200 10. Fraud – Intentional Misrepresentation* 11. Breach of Oral Contract* 12. Common Counts* *The 10 th, 11 th and 12 th causes of...

Excerpt: ... from an incident that occurred on 7/25/22 where Plaintiff Nick Montoya (Plaintiff) crashed into a dried tree branch while riding his scooter on a bike path and suffered injuries as a result. Plaintiff contends that the bike path is under the care and maintenance of the Defendant Los Angeles County Metropolitan Transportation Authority (Defendant). Plaintiff further contends that Defendant failed to properly maintain and trim dried branches in or...

Excerpt: ...d allowable attorney fees. The application seeks to attach any property of Team House. Alternatively, Plaintiffs request a temporary protective order barring the transfer or encumbrance of the Property.* *The memorandum of points and authorities filed in support of the application indicates that alternatively, SCREM seeks a temporary protective order. (See SCREM's Ps&As, p.10:1‐19). However, the application fails to indicate that a temporary pr...

Excerpt: ... The demurrer is overruled. Answer is due within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of payments made by Plaintiff Southwest Marine and General Insurance Company (Plaintiff) as surety on a Customs Bond issued by Plaintiff on behalf of Defendant Fortune Energy, Inc. On 2/1/23, Plaintiff filed this action against Defendant Fortune Energy, Inc. and Defendants Fortune Energy Distribution, Inc.; Fortune Energy Distrib...

Excerpt: ...imated allowable attorney fees. The application seeks to attach any property of Cornerstone. Alternatively, Plaintiffs request a temporary protective order barring the transfer or encumbrance of the Property.* *The memorandum of points and authorities filed in support of the application indicates that alternatively, SCREM seeks a temporary protective order. (See SCREM's Ps&As, p.10:1‐19). However, the application fails to indicate that a tempor...

Excerpt: ...rez RESPONDING PARTY: Respondents County of Los Angeles and Kevin Alvarado RELIEF REQUESTED: An order granting Petitioners relief from the Government Claim Filing Requirements of Government Code 945.4. RULING: The petition is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY Petitioners' Angelina Bawaan, by and through her Guardian Ad Litem, Maria Cruz Perez; David Bawaan, Jr., by and through his Guardian Ad Litem, Maria Cruz Perez; Isaac Bawaan, by...

Excerpt: ...The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of an alleged agreement between Defendant 024 Management Services, Inc. (024 Management), Defendant JW Brands LLC (JW Brands) and Plaintiffs Chris Lacroix (Lacroix) and Martin Willerford (Willerford) (collectively, Plaintiffs). Plaintiffs allege that in or about 2020, Plaintiffs and Defendants entered a written agreement whereby Defendants hired Plaintiffs to oper...

Excerpt: ...egligent Infliction of Emotional Distress 6. Violation of Bane Act (Civil Code 52.1) 7. Private Nuisance RULING: The demurrer is overruled, in part, and sustained with 30 days leave to amend, in part. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Peter Farkas' (Plaintiff) rental of the recreational room (Room) at an RV park owned by Defendants Stewart Silver (Silver) and Oceans 11 RV Park, LLC dba Cali Lake RV Resort (...

Excerpt: ...itionally, Defendant requests sanctions against Yessica and/or her counsel of record, including Albert Elmassian and Mendez & Sanchez, A.P.C., in the amount of $2,935.00; (2) An order compelling Plaintiff Joseph Gutierrez to provide responses to Defendant Danny's Crane Inc.'s Form Interrogatories, Set 1. Additionally, Defendant requests sanctions against Joseph and/or his counsel of record, including Albert Elmassian and Mendez & Sanchez, A.P.C.,...

Excerpt: ...1) 4. Intentional Infliction of Emotional Distress (Violation of Vehicle Code 20001 – Hit‐and‐ Run) 5. Malice and Oppression RELIEF REQUESTED IN MOTION TO STRIKE: On order striking certain portions of Plaintiffs' complaint regarding punitive damages and the 3 rd, 4 th and 5 th causes of action. RULING: The demurrer is sustained, without leave to amend, in part, and with leave to amend, in part. The motion to strike is moot, in part, granted...

Excerpt: ...eafter commensurate with the availability of the Court; (2) continuing the Final Status Conference to 10/11/24 (or to a date satisfactory to the Court close to the requested date); (3) deeming the continued trial date to be the “initial trial date” for purposes of establishing discovery and expert-related cutoffs such that all discovery and expert-related cutoffs would occur in the context of the continued trial date; and (4) continuing the M...

Excerpt: ...overruled as to the 1 st cause of action and sustained with 30 days leave to amend as to the 2 nd cause of action. SUMMARY OF FACTS & PROCEDURAL HISTORY Plaintiffs Michellyn Russel (Michellyn) and Joseph Angulo (Joseph) filed this action on behalf of themselves and their son Plaintiff William Angulo (William) (collectively, Plaintiffs) against several medical providers, including Defendant Janet Schori, M.D. (Dr. Schori), for professional/medical...

Excerpt: ...t (ATPMA082728-01). RULING: The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a motor vehicle collision that occurred on 3/6/21 between a vehicle driven by Decedent Eileen Morales (Decedent) and a vehicle driven by Defendant Joshua John Dumas (Dumas). Decedent died as a result of injuries sustained in the collision. On 3/8/22, criminal charges for vehicular manslaughter were filed in Los Angeles County against...

Excerpt: ...ity 5. Fraudulent Inducement – Concealment 6. Negligent Repair 7. Violation of Consumer Legal Remedies Act (Civil Code 1750, et seq.) RULING: The demurrer is sustained without leave to amend. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiffs Taylor Peacock and Austen Smith's (Plaintiffs) ownership of a 2020 Ford Expedition (the Vehicle) which was manufactured by Defendant Ford Motor Company (Ford). Plaintiffs allege tha...

Excerpt: ...1, Nos. 12.1, 12.2, 12.3, 12.4, 15.1, 16.1, 16.2, 16.3, 16.6 and 17.1 as to Requests for Admissions Nos. 4, 5 and 14- 53. Additionally, Plaintiff Steffanie Stelnick requests an award of sanctions against SCPMC and its attorney in the amount of $5,828.25. RULING: The motion is granted, in part, and moot or denied, in part, as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiffs Steffanie Stelnick, Todd Stelni...

Excerpt: ... granted, in part, and denied, in part. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Defendants Jonathan Berdeguer (Berdeguer) and Jennie Buchelly's (Buchelly) (collectively, Defendants) tenancy at premises owned by Plaintiff Larry Tran (Plaintiff). On 8/24/22, Plaintiff filed this action against Defendants for breach of contract and common counts. On 10/11/22, Buchelly was personally served with the summons and complaint. (See...

Excerpt: ...nt in the amount of $2,922.22 or any other amount the Court deems just. RULING: The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Marcos Frias Solis' (Plaintiff) purchase of a 2019 Chevrolet Silverado (the Vehicle) on 6/2/19. Plaintiff contends he has presented the Vehicle to Defendant General Motors LLC's (Defendant) authorized facilities on multiple occasions for repair of defect...

Excerpt: ...d cause of action for disgorgement. RULING: The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Hamid Siddiqi's (Plaintiff) claim that Defendant Nick Kazemi dba K Construction (Kazemi) breached a home improvement contract. Plaintiff contends that Kazemi agreed to perform construction work relating to an existing retaining wall and to construct a swimming pool at Plaintiff's residence for a total contra...

Excerpt: ...DURAL HISTORY Plaintiff Douglas Rewers (Plaintiff) alleges that prior to 7/31/19, he and Defendants David Rewers and Munna Mansoor/Monsour (Monsour) were partners in Defendant Precise Die and Finishing, Inc. (PDF). (Complaint ¶4). Plaintiff alleges that on 7/31/19, David and PDF, on the one hand, and Plaintiff, on the other hand, entered a written contract whereby David agreed to purchase the ownership interest of Plaintiff in PDF for $140,000. ...

Excerpt: ...d. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Martha Villezcas' (Plaintiff) purchase of a used 2020 Nissan Versa on 5/10/22 (the Vehicle) pursuant to a “Retail Installment Sales Contract – Simple Finance Charge (With Arbitration Provision)” (the Contract/RISC) Plaintiff entered with Nissan of Mission Hills. (Complaint ¶7). The RISC was for the sale of a warranted vehicle. Id. Plaintiff contends that the Vehic...

Excerpt: ...ants), Plaintiff Raul Cabrera and Samuel F. Rose Properties, LLC was made in good faith pursuant to CCP 877 and CCP 877.6. The Rose Defendants request an order that any pending and future claims for equitable contribution, or total, partial, and comparative indemnity against the Rose Defendants based on comparative negligence or comparative fault be dismissed and forever barred pursuant to CCP 877.6(a)(1) and CRC 3.1202, et seq. RULING: The motio...

Excerpt: ...n. Additionally, Plaintiffs request sanctions be imposed against Defendants and their counsel in the amount $5,517.45. RULING: The request to compel deposition is granted. The request for sanctions is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of an alleged breach of a commercial lease and guaranty of the lease. Plaintiffs Jeffrey Harris and Austin Harris, Co-Trustees of the Harris Family Trust (Plaintiffs) are the landl...

Excerpt: ...ance and/or perform any and all actions necessary to assess, investigate, remove, remediate, monitor, treat, or cleanup the resulting damages from the nuisance. RULING: The request for a preliminary injunction is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a dispute between neighboring residential landowners/occupiers. Plaintiffs Anderson Boyce and Rosie Boyce (collectively, Plaintiffs) own and occupy real property loc...

Excerpt: ...s to Requests for Admissions Nos. 4, 5 and 14-53. Additionally, Plaintiff Steffanie Stelnick requests an award of sanctions against Defendant Tamar House and her attorney in the amount of $5,828.25. RULING: The motion is granted, in part, and moot or denied, in part, as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiffs Steffanie Stelnick, Todd Stelnick, and Southern California Real Estate Management, Inc....

Excerpt: ...brothers regarding certain real property located in Sunland, California. On 10/14/20, Plaintiff/Cross-Defendant Raul Perez (Raul) filed his complaint against Enrique Perez, Jonathan Perez; all persons unknown, claiming any legal or equitable right, title, estate, lien or interest in the property described in the complaint adverse to Raul's title and Does 1-50 for: (1) Quiet Title, (2) Cancellation of Instruments, (3) Breach of Oral Agreement, (4)...

Excerpt: ... This action arises out of Defendants Gidy Akin and Sharon Sharabi's (“Defendants”) alleged breach of a residential lease with Plaintiff Kmadn Capital Management LLC (“Plaintiff”). Plaintiff is the owner of the property commonly known as 10112 Hanna Avenue, Chatsworth, California 91311 (the “Property”). (Separate Statement (SS) 1). On or about July 7, 2021, Plaintiff entered into a residential lease agreement with Defendants for a per...

Excerpt: ... Roland Lemus' Requests for Admissions, Set 1, No.24. Additionally, Plaintiff requests sanctions against Defendant's counsel in the amount of $1,861.65; (2) An order compelling Defendant Magali Manzaneras to provide a further, verified response, without objections, to Plaintiff Roland Lemus' Requests for Admissions, Set 1, No.24. Additionally, Plaintiff requests sanctions against Defendant's counsel in the amount of $871.65. RULING: The motions a...

Excerpt: ... Accurate Itemized Wage Statements 4. Failure to Pay Wages on Termination 5. Unfair Business Practices Under the Unfair Competition Act 6. Discrimination in Violation of the California Fair Employment and Housing Act 7. Retaliation 8. Wrongful Termination 9. Negligent Hiring and Supervision RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding and the prayer for punitive damages. RULING: The demurrer is sustained and the m...

Excerpt: ...in Violation of Public Policy 3. Violation of Labor Code 1102.5 4. Retaliation in Violation of FEHA 5. Violation of Labor Code 232.5 6. Government Code Section 911.2 7. Government Code Section 945.6 8. Intentional Infliction of Emotional Distress 9. Negligent Hiring, Supervision and Retention 10. Failure to Take All Reasonable Steps Necessary to Prevent Discrimination, Retaliation, and Harassment in Violation of FEHA 11. Negligence/Negligent Infl...

Excerpt: ...lan (Plaintiff) allegedly suffered when a bolt in the JusGo knee scooter (the Scooter) he rented from Defendant Pacific Pharmacy Group (Pacific) failed causing Plaintiff fall with his weight landing on his left knee. (Complaint ¶¶4, 13, 14). On 4/26/23, Plaintiff filed this action against Pacific and others for: (1) Negligence and (2) Strict Liability. After meet and confer efforts failed to resolve issues Pacific had with Plaintiff's claims ag...

Excerpt: ...nd subsequent mailing on 11/30/22, with Plaintiff Lucy Holdings, LLC's (Plaintiff) Second Amended Complaint. As such, a responsive pleading was due 1/10/23. CCP 414.20 (service was complete 10 days after mailing). On 3/7/23, default against Roshmore was entered. On 3/9/23, Roshmore's then counsel contacted Plaintiff's counsel requesting that Plaintiff stipulate to the setting aside of the default. (Mbamalu Decl. ¶¶4-5). Plaintiff's counsel indi...

Excerpt: ...for Production of Documents, Set 1 (Requests 1-18) propounded on 4/11/23. Additionally, Plaintiff requests monetary sanctions be imposed on Roshmore in the amount of $4,470.00. RULING: The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a dispute regarding real property commonly known as 28212 Kelly Johnson Parkway #215 and #225 which are medical office suites. On 10/15/20, Plaintiff Mark A. L...

Excerpt: ...nty/covenant of good faith and fair dealing. Alternatively, Defendant seeks summary adjudication of each cause of action in Plaintiff's complaint. RULING: The request for summary judgment is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of contractual dispute between Plaintiff TNT Tanker Services, Inc. dba Class 1 Fire (Plaintiff) and Defendant State of California Department of Forestry and Fire Protection/Cal Fire (Defend...