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

Excerpt: ... 39 within 10 days. Additionally, Plaintiff requests sanctions against Defendant in the amount of $2,845.00. RULING: The motion is granted. Further responses are due and sanctions are payable within 30 days. 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 Mot...

Excerpt: ... 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 website to purchase Defendant's products. On 7/5/23 and 7/6/23, a court trial of the action was held after which judgment was entered for Plaintiff against Defendant on t...

Excerpt: ...TION TO STRIKE: An order striking Plaintiff's prayer for punitive damages (p.27:10). RULING: The demurrer is sustained with 30 days leave to amend. SUMMARY OF ACTION & PROCEDURAL HISTORY This action arises out of Plaintiffs Setareh Radbod and David Mat's (Plaintiffs) purchase of a new 2021 Honda Odyssey (the Vehicle). On 5/26/23, Plaintiffs filed this action against Defendant American Honda Motor Co., Inc. (Defendant) for: (1) Violation of Song-B...

Excerpt: ...nts), 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 motion...

Excerpt: ... An order striking Plaintiff's prayer for punitive damages (p.27:23). RULING: The demurrer is sustained with 30 days leave to amend. SUMMARY OF ACTION & PROCEDURAL HISTORY This action arises out of Plaintiff Gerardo Zavala's (Plaintiff) purchase of a new 2022 Honda Accord (the Vehicle). On 5/22/23, Plaintiff filed this action against Defendant American Honda Motor Co., Inc. (Defendant) for: (1) Violation of Song-Beverly Act – Breach of Express ...

Excerpt: ...ther regulations that may impede the physical erection of the project for Permanent Supportive housing for homeless veterans. APN 3211001040 2. Monetary compensation for 250,000.00 for legal fees, since they knowingly violated the law, after presented with the law they colluded to block state law with bad faith actions including the denial letter.” (See Petition, p.2:8-14) On 9/21/23, because no hearing on the petition had been reserved and bec...

Excerpt: ...pute. Plaintiffs Hillary Nicole Duran and Raffi Khodagulyan (Plaintiffs), representing themselves, allege that Defendant Rick Mayelian (Defendant), at all relevant times, was an owner and manager of the real property located at 24107 Del Monte Drive, Unit 27, Valencia, California 91355 which Plaintiffs were/are renting. (Complaint ¶¶2, 6). Plaintiffs allege that they fell behind in rent due to COVID-19 and gave notice of same to Defendant. (Id....

Excerpt: ...iness & Professions Code 17200 RULING: The demurrer is sustained with 30 days leave to amend. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of foreclosure proceedings against property located at 9251 Notre Dame Avenue in Chatsworth, California (the Property). In or about July 2017, Kenneth T. Perez (Borrower) took out a mortgage loan from Skyline Home Loans in the amount of $501,215.00. (Complaint ¶16). In or around August 2018, B...

Excerpt: ...tion of Dcmuments, Set 3. Additionally, Plaintiff requests an award of sanctions against Defendant Juan Carlos Saucedo and Defendants counsel in favor of Plaintiffin the amount of $5,160.00. RULING: The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Ruben Ramirez's (PlamtifO employment as a truck driver wlth/for Defendants: (1) Juan Carlos Saucedo (Saucedo), (2) KI 2 School Services...

Excerpt: ...ithout prejudice. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a debt Plaintiff National Collegiate Student Loan Trust 2007-3 (Plaintiff) was owed by Defendant Christina Sanchez (Defendant) in the amount of $47,046.55. On 5/9/16 Plaintiff filed this action against Defendant for Breach of Contract. On 6/12/17, the parties entered a Conditional Stipulated Settlement Agreement (Agreement) which was filed with the Court on 6/15/17....

Excerpt: ...ws ultimately finds and produces documents, Plaintiffs request an order permitting them to depose Mr. Meadows again for the limited purpose of questioning him regarding those documents. Additionally, Plaintiffs request sanctions against Mr. Meadows and his counsel of record, Fitzgerald Kreditor Bolduc Risbrough LLP, in the amount of $3,640. RULING: The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises ...

Excerpt: ...f Implied Warranty of Merchantability – Civil Code 1791.1, 1794, 1795.5 5. Fraudulent Inducement – Concealment 6. Negligent Repair RULING: The demurrer is sustained without leave to amend as to the 5 th cause of action and overruled as to the 6 th cause of action. Answer(s) is(are) due within 20 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiffs Bobby Burgess Sr. and Bobby Burgess Jr.'s (Plaintiffs) purchase of a...

Excerpt: ...ve medical procedure; (2) depose 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 hearing on the petition will be continued. SUMMARY OF FACTS & PROCEDURAL HISTORY This petition arises out of an alleged motor vehicle accident (“subject incident”) occurring at approximately 3:45 p.m. on October 17, 2022 on t...

Excerpt: ...ty of Habitability 2. Negligent Maintenance of Premises 3. Nuisance 4. Breach of Quiet Enjoyment 5. Intentional Infliction of Emotional Distress 6. Unruh Civil Rights Act (Civil Code 51) 7. Unfair Competition (Business & Professions Code 17200-17210) RELIEF REQUESTED IN MOTION TO STRIKE: An order striking all allegations relating to and claims for punitive damages and attorney's fees without leave to amend. RULING: The demurer is sustained with 2...

Excerpt: ...aintiff Kenneth D. Worth leave to file a Second Amended Complaint against Defendants Lloyd's America, Petersen International Underwriters and Disability Management Services, Inc. RULING: The motion is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out Defendant Certain Underwriters at Lloyd's, London Subscribing to Policy Number 18131636 (Underwriters) denial of Plaintiff Kenneth D. Worth's (Plaintiff) disability insurance claim...

Excerpt: ... property located at 28212 Kelly Johnson Parkway, Units 215 and 225, Santa Clarita, California 91355 (Property). On 8/2/23, this Court granted Plaintiff Lucy Holdings, LLC's (Plaintiff) request for a preliminary injunction preventing Defendants Krupe Industries, Inc. (Krupe) and Witkin & Associates, LLC (Witkin) from proceeding with a foreclosure sale noticed by Witkin for the Property. (See 8/2/21 Minute Order). Additionally, the Court required ...

Excerpt: ...rongful Termination of Employment 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 ...

Excerpt: ...ponses and documents to Plaintiff's Requests for Production of Documents, Set 3. Additionally, Plaintiff requests an award of sanctions against Defendant Fresh Start Healthy School Meals, Inc. and Defendant's counsel in favor of Plaintiff in the amount of $4,560.00. RULING: The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Ruben Ramirez's (Plaintiff) employment as a truck driver wi...

Excerpt: ...TS & PROCEDURAL HISTORY Plaintiff L.A. Tire Tech, Inc. (Plaintiff) is an on-site fleet maintenance, repair, roadside service, tire company and provides safety inspections and certifications required by clients and customers, such as Defendant SiteOne Landscape Supply, LLC (Defendant). Defendant is a supplier of landscape, hardscape, irrigation, and related supplies providing supplies to business owners, contractors and others in the landscaping b...

Excerpt: ...ly, Defendants seek an order staying the deposition subpoena pending the resolution of this motion. Further, Defendants' request sanctions against Plaintiffs and/or their counsel in the amount of $2,500. RULING: The request to quash the subpoena 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 Harri...

Excerpt: ... of a dispute between 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 ...

Excerpt: ...ws ultimately finds and produces documents, Plaintiffs request an order permitting them to depose Mr. Meadows again for the limited purpose of questioning him regarding those documents. Additionally, Plaintiffs request sanctions against Mr. Meadows and his counsel of record, Fitzgerald Kreditor Bolduc Risbrough LLP, in the amount of $3,640. RULING: The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises ...

Excerpt: ...position as specified in the second amended deposition notice served on 5/8/23. Additionally, Plaintiff requests sanctions against Arminak LLC and their attorneys of record in favor of Plaintiff in the amount of $8,914.65 RULING: The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Vav Plastics, Inc.'s (Plaintiff) claim that Defendants Arminak Solutions dba KBL Cosmetics (Arminak LLC)...

Excerpt: ...proper; (2) Page 3 Line 14 the word “unlawfully” as being improper and irrelevant as a legal conclusion; (3) Page 3 Lines 18-24: The entire paragraph as being improperly plead, ambiguous and lacking in specificity as to the facts plead; (4) Page 4 Line 27 to Page 5 Line 3 The entire paragraph as being improperly plead, ambiguous and lacking in specificity as to the facts plead necessary to warrant the imposition of punitive damages; (5) Page ...

Excerpt: ...ntiff requests an award of sanctions against Defendant K12 Schools Services and Defendant's counsel in favor of Plaintiff in the amount of $4,560.00. RULING: The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Ruben Ramirez's (Plaintiff) employment as a truck driver with/for Defendants: (1) Juan Carlos Saucedo (Saucedo), (2) K12 School Services (K12), (3) Fresh Start Healthy School M...

Excerpt: ... Liability *The causes of action in the caption of the 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 punitive and exemplary damages (¶50a, p.12:7-8, ¶50b, p.12:11) and Plaintiff's request for emotional ...

Excerpt: ..., 15, and 16. Additionally, Defendants seek sanctions. RULING: The request to compel further responses is granted. Further responses are due within 30 days. Sanctions are denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Sam Ostayan's (Plaintiff) claim that Defendant Prestige Default Services, LLC (Prestige), as trustee of the nonjudicial foreclosure sale of real property located at 10711 Sunnybrae Avenue, Chatswor...

Excerpt: ...Additionally, Plaintiff requests sanctions against Defendant in the amount of $2,861.65. RULING: The motion is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a slip incident that occurred on 2/27/21 at a Ralphs Grocery Store located in Valencia, California. On 10/17/22, Plaintiff Liza Porras (Plaintiff) filed this action against Defendant Ralphs Grocery Company (Defendant). On 2/28/23, Plaintiff served Defendant with Spec...

Excerpt: ...led on 6/7/23 is based on the “merits.” RULING: The motion filed on 9/28/22 is placed off calendar. The motion filed on 6/7/23 is denied. SUMMAR OF FACTS & PROCEDURAL HISTORY This action arises out of the care and treatment provided by Defendant Bassam Bejjani, M.D. (Defendant) to Plaintiff Felix Soto (Plaintiff). Defendant first saw Plaintiff, then 68 years old, on 12/18/18, at Mission Community Hospital. At that time, Plaintiff presented wi...

Excerpt: ...deposit with the Court the full penalty of Bond No. CA5853919 in the sum of $15,000 issued on behalf of cross-defendant, SUPERIOR ROOF SOLUTIONS INC., a California corporation (hereinafter referred to as “SUPERIOR ROOF”) in accordance with the terms and provisions of Section 7071.6 of the Business and Professions Code less those sums that the Court may award MERCHANTS BONDING in reasonable attorney's fees and costs. (2) Upon the deposit of sa...

Excerpt: ... OF FACTS & PROCEDURAL HISTORY This action arises out of disputes between neighbors. Plaintiffs Alex Alvarado and Patricia Alvarado (Plaintiffs) and Defendants Michael Meadows and Althea Meadows (the Meadows) own neighboring properties in a common interest development managed by Defendant Ridgeview Saugus Homeowners Association (the HOA) and governed by a Declaration of Covenants, Conditions and Restrictions (CC&Rs). Without citing any evidence, ...

Excerpt: ...ovided medical care lead to necrosis of the left middle finger and a subsequent amputation. Plaintiff alleges the loss of a finger now prevents Plaintiff from engaging in work as a dental implantologist. On June 16, 2021, Plaintiff filed a complaint for Medical Malpractice. On April 21, 2023, the case was reassigned from Department 31 in the Mosk Courthouse to Department 49. On July 7, 2022, Plaintiff dismissed Providence Health & Services, Provi...

Excerpt: ...ger and 14-year old Dominic Blackwell were on the premises of Saugus High School, when 16-year old Nathaniel Berhow walked onto the campus with a .45-caliber handgun, and began to shoot students before taking his own life with the same gun. Gracie and Dominic died from their gunshot wounds. On November 16, 2020, the Blackwell plaintiffs filed a complaint for general negligence— wrongful death, premises liability—wrongful death, negligence—s...

Excerpt: ...nt Ricardo Avelar, and insured with defendants Automobile Club of Southern California and/or Interinsurance Exchange of the Automobile Club, LLC. Plaintiff alleges Avelar wrongfully denied any liability after allegedly agreeing to take full responsibility for the accident. Plaintiff subsequently submitted a claim with the insurer, which led to a designation of Plaintiff's vehicle as a “total loss salvage.” Plaintiff contends said designation ...

Excerpt: ...ial Motion to Strike. RULING: The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a dispute between Plaintiff/Cross-Defendant Ha Hoang Nguyen (Nguyen) and Defendants/Cross-Complainants Amy Jam (Jam) and Mohsen Hadad (Hadad) regarding the rights to real property located at 20516 Shelley Lane, Porter Ranch, California 91326 (the Property). Nguyen claims that she purchased the Property and agreed to let Jam and Had...

Excerpt: ...hin 20 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a motor vehicle accident that occurred on 9/30/22 wherein Plaintiff Juan Francisco Rodriguez Cortes (Plaintiff) was struck by a motor vehicle driven by Defendant Jose Luis Gomez Ramirez (Ramirez). (Complaint ¶16). Plaintiff alleges that Ramirez drove a vehicle off the road and struck Plaintiff at the intersection of Laurel Canyon Boulevard and Mercer Street in Los Angel...

Excerpt: ... striking portions of the First Amended Complaint regarding punitive damages and attorney's fees (¶¶51, 57, Prayer ¶3 and Prayer (second) ¶3). RULING: The demurrer is overruled. The motion to strike is granted without leave to amend as to the prayer for attorney fees. The motion to strike is granted as to the allegations regarding and prayer for punitive damages – whether leave to amend is granted as to the punitive damage allegations and p...

Excerpt: ...ionally, Plaintiff requests that sanctions in the amount of $3,435.00 be imposed against Defendant and/or Defendant's counsel. RULING: The motion is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY Plaintiff L.A. Tire Tech, Inc. (Plaintiff) is an on-site fleet maintenance, repair, roadside service, tire company and provides safety inspections and certifications required by clients and customers, such as Defendant SiteOne Landscape Supply, LLC (Defen...

Excerpt: ...iff requests sanctions against Defendant in the amount of $2,214.45. RULING: The motion is denied. This action arises out of Plaintiff Los Angeles Federal Credit Union's (Plaintiff) claims that Defendant Jessica J. Martin aka Jessica Jna Baker (Defendant) has defaulted on two loans made by Plaintiff to Defendant. On 10/31/22, Plaintiff filed this action against Defendant for: (1) Breach of Contract, (2) Money Lent, (3) Claim and Delivery, (4) Bre...

Excerpt: ...d Jennie Kizito NOTICE: ok Demurrer is to the entire Complaint: 1. Violation of Civil Code 2923.5 2. Violation of Civil Code 2924(a)(1) 3. Violation of Civil Code 2924.9 4. Unfair Business Practices – Violation of Business & Professions Code 17200, et seq. 5. Breach of Contract 6. Breach of Contract Two RULING: The demurrer is sustained with 20 days leave to amend. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of non-judicial for...

Excerpt: ... 7/22/23, Plaintiff Maria Isela Orozco aka Maria I. Avalos (Plaintiff) filed this action against Defendant Juan F. Nuno (Defendant) for: (1) Accounting, (2) Partition of Real Property and (3) Declaratory Relief. On 1/30/23, this Court entered default judgment in favor of Plaintiff and against Defendant. Pursuant to the Judgment, Michael S. Pecherer (Referee) was appointed as referee to complete the partition sale of the property commonly known as...

Excerpt: ... FACTS & PROCEDURAL HISTORY This action arises out of a dispute between 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 T...

Excerpt: ...ant and its counsel of record, Eitan Yehoshua of Ashour Yehoshua APC, in the amount of $2,060.00. RULING: The request to quash deposition subpoenas is granted. The request for sanctions is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of an incident that occurred on 2/15/22 wherein Plaintiff Blanca Fajardo (Plaintiff) claims that she “was seriously injured when the bus driver negligently drove off, before Plaintiff was sa...

Excerpt: ...�� Construction Litigation, Set 1, and Requests for Production of Documents, Set 1, and produce all documents responsive to the Requests for Production of Documents. Additionally, Plaintiff requests an order imposing monetary sanctions in the amount of $1,216.65 against BAIC; and (2) An order deeming admitted the truth of matters specified in Plaintiff's Requests for Admissions, Set 1, propounded on BAIC and imposing monetary sanctions in the amo...

Excerpt: ...Negligent Repair RULING: The demurrer is overruled. Answer is due within 20 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a warranty contract Plaintiff Jose Fabian (Plaintiff ) entered with Defendant Ford Motor Company (Ford) on 9/25/19 regarding a 2019 Ford Fusion Hybrid (the Vehicle). (Complaint ¶¶14-15). Plaintiff alleges that “[d]efects and nonconformities to warranty manifested themselves within the applicable exp...

Excerpt: ...dditionally, Plaintiffs request sanctions against Defendant and its attorneys of record, The Erksine Law Group, PC, in the amount of $3,210.00. RULING: The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Maria Zamora's (Plaintiff) claim that the 2022 Chevrolet Tahoe she purchased, which was manufactured and warranted by Defendant General Motors LLC (Defendant), suffers from certain defects and Defendan...

Excerpt: ...aintiffs' subpoena for business records. Plaintiffs 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 moneta...

Excerpt: ... Plaintiff requests an order awarding attorneys' fees and costs in the amount of $2,000. RULING: The motion is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a motor vehicle collision that occurred on 3/29/21 between Plaintiff Eric Iriarte (Plaintiff) and Defendant Hector Deharo (Deharo). Plaintiff alleges that Deharo was in the course and scope of his employment with Defendant/Cross-Complainant Quikrete Holdings, Inc. (Q...

Excerpt: ...d all persons acting in concert or participating with them, from engaging in or performing, directly or indirectly, any and all of the following acts: 1. Traversing in any manner onto, over or through 30-foot-wide strip of the easterly boundary of the EALING/VACCA's real property located at 9505 Hierba Road, Agua Dulce 91390 (EALING/VACCA PROPERTY). 2. Performing any maintenance to, making any improvements to, or removing any items or improvement...

Excerpt: ...eter equipment. The lease required minimum monthly payments, as well as a “finance” agreement for the provision of postage fee credit processed through the equipment. Plaintiff alleges Defendant breached the lease by failing to make the required minimum monthly payment, thereby leading to a declared default balance of $35,497.57. On March 20, 2023, Plaintiff filed a complaint for Breach of Contract, Open Book Account, Account Stated, Quatum M...

Excerpt: ... 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 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 complaint related to pu...

Excerpt: ... against Defendant in the amount of $2,214.45. RULING: The motion is denied without prejudice. This action arises out of Plaintiff Los Angeles Federal Credit Union's (Plaintiff) claims that Defendant Jessica J. Martin aka Jessica Jna Baker (Defendant) has defaulted on two loans made by Plaintiff to Defendant. On 10/31/22, Plaintiff filed this action against Defendant for: (1) Breach of Contract, (2) Money Lent, (3) Claim and Delivery, (4) Breach ...

Excerpt: ...ntiff its costs in the amount of $1,609.95 pursuant to Plaintiff's previously filed Memorandum of Costs. RULING: The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Defendant Jade Collective's (Defendant) default under a commercial lease agreement with Plaintiff Rediger Investment Mortgage Fund's (Plaintiff) predecessor-in-interest. On 3/23/23, Plaintiff filed this action against Defendant for unlawful detainer....

Excerpt: ...Set 1, Nos. 1-2, and 4-15. Additionally, Plaintiff requests sanctions against Defendant and his counsel in the amount of $1,100.50 plus a $60.00 filing fee. RULING: The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Janet Louise Wilkes, Trustee of the Janet Louise Wilkes Living Trust (Plaintiff) and Defendant Gary William Wilkes' (Defendant) ownership of two duplexes in Los Angeles ...

Excerpt: ... of Merchantability (Civil Code 1791.1, 1794, 1795.5) 5. Fraudulent Inducement – Concealment RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the prayer for punitive damages. RULING: The demurrer is overruled and the motion to strike is denied. Answer is due within 20 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff David Wallenstein's (Plaintiff) purchase of a 2014 Chevrolet Volt on or about 11/21/14. (FAC...

Excerpt: ...xpress, Inc. (Alibaba) against GGP Northridge Fashion Center, LP (GGP). FIRST AMENDED CROSS-COMPLAINT: 1. Breach of Written Contract 2. Promissory Estoppel 3. Intentional Misrepresentation 4. Negligent Misrepresentation 5. Breach of Implied Warranty of Good Faith RULING: The motion is granted without leave to amend. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a commercial lease agreement and guaranty between Plaintiff GPP Nort...

Excerpt: ...ged written contract between Plaintiff Golden Pro Insurance Services Inc. (Plaintiff ) and Defendant Jesus Rodriguez (Defendant) whereby Defendant would be paid commissions on completed jobs. (Complaint ¶6). Plaintiff alleges that beginning in July 2021, Defendant began reporting that uncompleted jobs had been completed and as a result, Defendant was paid $12,024.42 in commissions by Plaintiff that Defendant did not earn. (Id. ¶7). As a result,...

Excerpt: ...Betty Martinez, (2) Brian Meager, (3) Chino Arreguin, (4) Doug Troesh, (5) Jesse Reisinger, (6) Johnny Rodriguez, (7) Keri Lara, (8) Nain Sanchez, (9) Nyman Wilson, (10) Ryan Griffin and (11) Sara Castruita AND Drivers and Operators: (12) Alex Jaimea, (13) Dale Bedger, (14) Damian Lopez, (15) Danny Romero, (16) Jorge Cerna, (17) Mike Dommely, (18) Robert Alvarez and (19) Tom Snyder. Additionally, Plaintiff L.A. Tire Tech, Inc. requests that the c...

Excerpt: ...ed and served as GMA Management Group, Inc. dba Pacoima Adult Day Care) (HDL) and against Plaintiff Phyllis Ginolfi, by and through her Conservator, Christin C. Solis (Plaintiff). “Alternatively, Defendant requests an order granting summary adjudication of the claims asserted against it as follows: Issue Number One: Plaintiff's claim for negligence against Defendant fails because there is no triable issue of fact that HDL was the proximate caus...

Excerpt: ...d. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of disputes between neighbors. Plaintiffs Alex Alvarado and Patricia Alvarado (Plaintiffs) and Defendants Michael Meadows and Althea Meadows (the Meadows) own neighboring properties in a common interest development managed by Defendant Ridgeview Saugus Homeowners Association (the HOA) and governed by a Declaration of Covenants, Conditions and Restrictions (CC&Rs). Plaintiffs claim th...

Excerpt: ...h its Administratrix Jinkie Tampi NOTICE: ok Demurrer is to the entire First Amended Complaint: 1. Quiet Title 2. Elder Financial Abuse 3. Fraud 4. Declaratory Relief RELIEF REQUESTED IN MOTION TO STRIKE: An order striking each of the Causes of Action alleged in the First Amended Complaint and the allegations regarding and prayer for punitive damages. RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off cal...

Excerpt: ... action arises out of a contract for construction services entered into on or about 10/15/20 between Plaintiff KN Remodeling, Inc. (Plaintiff) and Defendant Margarita St. John (Defendant) for property located at 10000 Orion Ave., Mission Hills, California (the Property). (FAC, Ex.A). Plaintiff alleges that Defendant still owes $70,464.82 under the contract. Plaintiff alleges that on 9/19/22, Plaintiff recorded a mechanic's lien on the Property. (...

Excerpt: ...he complaint: (1) p.4:26 (Prayer No.3): “For costs of suit incurred herein incurred;” and (2) p.4:27 (Prayer No.4): “For reasonable attorneys' fees.” RULING: The demurrer is overruled. The motion to strike is denied. Answer is due within 20 days. SUMMARY FACTS & PROCEDURAL HISTORY This action arises out of Defendant Aren Kalustian's (Defendant) alleged failure to pay back student loan money provided by Plaintiff Kingdom of Sweden (Plainti...

Excerpt: ...n 20 days. 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 the applicable express warranty period” which “substantially impair the use, value ...

Excerpt: ...aintiff's complaint, and against Sager under the 5 th cause of action of Plaintiff's complaint. RULING: The unopposed motion is granted. SUMMARY OF ACTION & PROCEDURAL HISTORY Plaintiff J.B. Wholesale Roofing and Building Supplies, Inc. (Plaintiff), a wholly owned subsidiary of SRS Distribution Inc., a Delaware corporation, is in the business of selling, among other things, roofing material, equipment, supplies and related goods for use in constr...

Excerpt: ...presentations made in a declaration submitted under CCP 2030.050, the number of specially prepared interrogatories is unwarranted; AND (3) that Plaintiff's Requests for Production of Documents, Set Three need not be responded to, or have documents produced in response thereto pursuant to CCP 2031.060(b)(1)). KBL also requests sanctions against Plaintiff and its counsel of record, Michael Berke and Roy Manukyan, in the amount of $4,060. MOTION TO ...

Excerpt: ...Requests for Admissions Nos. 4, 5 and 14-53. Additionally, Plaintiff Steffanie Stelnick requests an award of sanctions against Defendant Ryan House and his attorney in the amount of $5,828.25. 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 Plaintiffs Steffanie Stelnick, Todd Stelnick, and Southern California Real Estate Management, Inc.'s (collective...

Excerpt: ...urther responses to Plaintiff Vav Plastics, Inc.'s (Plaintiff) Requests for Production Of Documents And Things, Set 2. Plaintiff also requests an order compelling KBL to produce responsive documents to the Requests for Production. Additionally, Plaintiff requests that the Court award monetary sanctions against KBL and their attorneys of record, and in favor of Plaintiff in the amount of $4,111.65. RULING: The motion is granted. Further responses ...

Excerpt: ...n is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a dispute between 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 Doe...

Excerpt: ...llion, of Vermillion Investigations. Additionally, Defendant requests sanctions against Plaintiff and Plaintiff's counsel in the amount of $2,940.00. RULING: The motion is granted. SUMMARY OF ACTION & PROCEDURAL HISTORY This action arises out of an incident that occurred on 10/3/19 when Plaintiff, R.S., Jr. (Plaintiff), a student at Hart High School which is located in Defendant William Hart Union High School District (Defendant), was attending r...

Excerpt: ...Plaintiff requests sanctions against Defendant and its attorneys of record, The Erksine Law Group, PC, in the amount of $3,210.00. RULING: The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Jesus Galvan Luna's (Plaintiff) claim that their warrantied 2020 Chevrolet Silverado 1500 (the Vehicle), which was manufactured and distributed by Defendant General Motors LLC (Defendant), suffers from certain defe...

Excerpt: ...ed without prejudice. On 5/20/22, Plaintiff Honest Home Improvement Inc. filed this action against Defendants Armand Vince Garcia and Garcia Family Trust for: (1) Breach of Contract, (2) Quantum Meruit, (3) Intentional Misrepresentation, (4) Negligent Misrepresentation, (5) Fraud, (6) Unjust Enrichment, (7) Common Count and (8) Foreclosure of Mechanic's Lien. On 6/24/22, Defendants answered the complaint and filed a cross-complaint against Honest...

Excerpt: ...S & PROCEDURAL HISTORY This action arises out of a dispute over property located at 28212 Kelly Johnson Parkway, Units 215 and 225, Santa Clarita, California 91355 (the Property). Title to the Property is vested in Plaintiff Lucy Holdings, LLC (Plaintiff). Defendant Krupe Investments, Inc. formerly doing business as Krupe, Industries, Inc. (Krupe) and Defendant Witkin and Associates, LLC (Witkin), the foreclosure trustee, were attempting to forec...

Excerpt: ...lied Warranty 3. Violation of Song-Beverly Act Section 1793.2 4. Fraud – Fraudulent Inducement – Concealment RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the demand for punitive damages from the First Amended Complaint (Prayer for Relief, p.26:8). RULING: The demurrer is overruled as to the 1 st and 2 nd causes of action and sustained with 20 days leave to amend as to the 4 th cause of action. The motion to strike is granted with 2...

Excerpt: ...ani' Requests for Production of Documents, Set 1, Nos. 1, 3, 8, 11, 17, 19, 21, 24, 31, 36, 39, 51, 53, 55, 65, 66, 67, 77, 78, 79, 81, 82, 83, 84 and 85. RULING: The motion is denied as to Request 55 and otherwise moot. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of alleged defects in Plaintiffs Matin Eshaghi and Shahdad Farahani's (Plaintiffs) 2020 Jeep Grand Cherokee vehicle (the Vehicle) which was manufactured and/or distribu...

Excerpt: ...iction of Emotional Distress 5. Permissive Use Statute Claim (Vehicle Code 17149) 6. Negligent Entrustment RELIEF REQUESTED IN MOTION TO STRIKE: An order strike all allegations regarding and the prayer for punitive damages in the complaint. RULING: The demurrer is placed off calendar as moot. The motion to strike is granted without leave to amend. Answer is due within 20 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of an aut...

Excerpt: ...RY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Patricia Mares' (Plaintiff) purchase of a used 2018 Nissan Rogue (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. (Jacobson Decl. ¶¶3-4, Ex.B). The RISC was for the sale of a warranted vehicle. Id. Plaintiff contends that the Vehicle is ...

Excerpt: ... Amended Complaint. RULING: The motion is denied. Answer is due within 20 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a landlord tenant dispute regarding property located at 13547 Osborne Street in Arleta, California. On 11/4/19, Plaintiff Jamal Salim Nasrallah (Plaintiff) filed this action alleging causes of action for: (1) forcible entry and (2) forcible detainer against Padita Ayana and Parawan Ayana. On 5/10/22, defa...

Excerpt: ...standard of care and treatment.” On March 14, 2023, Plaintiff filed a complaint for medical negligence, and medical dental battery. RULING: Overruled. Defendant Robert Roth, M.D. submits a demurrer to the medical dental battery cause of action on grounds that plaintiff Muna Haddad fails to sufficiently articulate sufficient facts alleging a medical battery: the performance of a procedure without proper consent. Dr. Roth maintains Plaintiff only...

Excerpt: ...ion arises out of an agreement, entered into on 5/28/16, for the installation and servicing of a solar panel system on the roof of Plaintiff Alicia Grandmaison's (Plaintiff) property by Defendant SunPower Capital, LLC (Defendant). Plaintiff alleges that from the time of installation she sustained damages caused by the installation, defective equipment, failure to obtain savings and failure to obtain promised reimbursement from Defendant. On 8/8/2...

Excerpt: ...rdered to separately file the cross-complaint. SUMMARY OF FACTS & PROCEDURAL HISTORY On 1/26/22, Plaintiffs Sam Dabbas and Maksim Zasypkin filed this action against Defendant Ramy Gourg aka Ramy George (Defendant) for: (1) Violation of Business & Professions Code 7000, et seq.; (2) Breach of Contract, (3) Fraud, (4) Negligence and (5) Conversion. On 5/23/22, default judgment was entered against Defendant. On 6/16/22, pursuant to the stipulation o...

Excerpt: ... W Deer Grass Court, Porter Ranch, California, Lot 109 Hillcrest at Porter Ranch Beacon, Tract 50505, Assessor's Parcel No.: 2701-103-014 (the Property). Additionally Defendant Porter Ranch Development Company requests an order awarding it attorneys' fees and costs against Plaintiffs and their counsel of record who filed and recorded the Notice of Pendency of Action (Lis Pendens). RULING: The motion is granted. SUMMARY OF ACTION & PROCEDURAL HIST...

Excerpt: ...ionally, Plaintiffs request sanctions against Defendant and its attorneys of record, The Erksine Law Group, PC, in the amount of $3,210.00. RULING: The request to compel further responses is granted. Further responses are due within 30 days. The request for sanctions is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiffs Olga Preciado Zuniga and Martin Suarez Bernal's (Plaintiffs) claim that their 2019 Chevrolet Sil...

Excerpt: ...BY JW BRANDS LLC: An order granting judgment on the entirety of Plaintiffs' complaint and the fraud and quantum meruit causes of action. THE COMPLAINT: 1. Fraud 2. Breach of Written Contract 3. Quantum Meruit 4. Account Stated 5. Open Book Account RULING: The motions are granted, with 20 days leave to amend, as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of an agreement between Defendant 024 Management Services, ...

Excerpt: ...n Plaintiff Aric Cho (Plaintiff) and Defendant Kye Hyun Lee (Defendant). On 11/7/22, Plaintiff filed his original complaint which was captioned as a complaint for “intentional bodily injury.” On 12/9/22, Plaintiff filed his First Amended Complaint which no longer includes the reference to “intentional bodily injury” in the caption. However, the First Amended Complaint is based on the same allegations as the original complaint. After Plain...

Excerpt: ...Plaintiff) and Defendant Mary Annette Pickens (Defendant), Plaintiff's step-mother. On 12/9/21, Plaintiff filed his complaint against Defendant for: (1) Cancellation of Deed, (2) Quiet Title, (3) Recovery of Usurious Interest and (4) Declaratory Relief. On 10/19/22, this Court granted Defendant's motion to strike portions of the complaint regarding special damages, punitive damages and attorney fees and granted Plaintiff 20 days leave to amend. (...

Excerpt: ...ss-Defendants Anthony Fuschillo and Alicia Fuschillo. RULING: The motion is denied. SUMMARY OF ACTION & PROCEDURAL HISTORY This action arose out of a dispute between neighboring landowners Plaintiffs/Cross-Defendants Anthony Fuschillo and Alicia Fuschillo (the Fuschillos) and Defendants/Cross-Complainants James B. Rowland III and Jessica R. Rowland (the Rowlands). On 2/15/23, the parties reached a settlement whereby the Fuschillos agreed to relea...

Excerpt: ... order striking portions of Plaintiff's complaint regarding attorney's fees and other enhanced remedies in and related to the 1 st cause of action (¶16 and Prayer ¶4, p.7). RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off calendar as moot due to the ruling on the demurrer. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of the care provided to Plaintiff Phyllis R. Ginolfi (Plaintiff) by D...

Excerpt: ... An order staying this action and compelling binding arbitration pursuant to a written Arbitration Agreement. RULING: The motion is granted. SUMMARY OF ACTION & PROCEDURAL HISTORY This action arises from the care and services provided to Plaintiff Laura Singer (Plaintiff) while she was a resident at Defendant C.P.C.H., Inc. dba Chatsworth Park Health Care Center (Chatsworth Park) skilled nursing facility from 4/21/22 to 6/5/22. Plaintiff through ...