Excerpt: ...nantability (CC 1941.1 & H&S 17920.3, et seq.) 3. Breach of Warranty of Quiet Enjoyment* 4. Negligence 5. Intentional Misrepresentation 6. Nuisance 7. Breach of the Covenant of Good Faith and Fair Dealing *The notice of the demurrer at one point indicates that the demurrer addresses the 3 rd cause of action, but then does not specifically list the 3 rd cause of action as being part of the demurrer. (See Notice, p.2:7-8, p.2:10-27). Also, the memo...

Excerpt: ...nant Canyon Theatre Guild's First Amended Cross-Complaint. RULING: The motion is granted as set forth below. On 2/14/20, Musette Hart filed this action against Canyon Theatre Guild for: (1) Defamation; (2) Wrongful Termination in Violation of Public Policy; and (3) Violation of Whistleblower Protection Act (Labor Code 1102.5). On 5/28/20, Canyon Theatre Guild filed a cross-complaint against Musette Hart and her husband, Timothy Hart, alleging sev...

Excerpt: ... to amend. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. See also CRC 3.1110(f)(4). Plaintiff has failed to bookmark the declaration and exhibi...

Excerpt: ...ving defendants. RULING: The motion is granted. This action arises out of a dispute between a son, Plaintiff Brett C. Flaharty (Plaintiff), and his mother, Defendant Bonnie Lee Miller (Miller), regarding Miller's purported breach of a contract whereby she allegedly agreed to: provide Plaintiff with a limited scope Power of Attorney to pursue damages against their attorneys in a case which was settled; irrevocably place Plaintiff back into Miller'...

Excerpt: ...Defense of Statute of Limitations to be tried first before any other issues in the case pursuant to CCP 597. RULING: The motion is granted. This action arises out of Plaintiffs' purchase of real property located at 29824 Arroyo Oak Lane, Castaic, CA 91384 from Defendants Robert Kelly and Debbie Kelly (the Sellers). The Sellers were represented by Defendant Debbie Kelly working under the brokerage of Defendant Re/Max of Santa Clarita. (SAC ¶13). ...

Excerpt: ...1/21. Additionally, Plaintiffs request sanctions against Defendant or his counsel of record in the amount of $2,030.00 RULING: The request to compel further responses is granted. Further responses are due within 30 days. Sanctions are denied. This action arises out of disputes between neighbors. Plaintiffs Alex Alvarado and Patricia Alvarado and Defendants Michael Meadows and Althea Meadows own neighboring properties in a common interest developm...

Excerpt: ...torney fees; and (4) an additional $5,000.00 for Plaintiff's counsel t o review Defendant's Opposition, draft the Reply brief, and attend the hearing on this Moti on. RULING: The motion is granted, in part. Plaintiff is awarded $35,000.00 in attorneys' fees. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREM...

Excerpt: ... Maclay Healthcare, LLC dba Maclay Healthcare Center's (Defendant) motion for summary judgment. (See 7/12/21 Minute Order). On 7/13/21, this Court signed an order granting Defendant's summary judgment. On 7/21/21, Defendant filed and served a Notice of Entry of Judgment. On 8/16/21, this Court entered judgment in favor Defendant and against Plaintiff. On 7/23/21, Plaintiff filed and served the instant Motion for Reconsideration seeking an order r...

Excerpt: ...d. This action arises out of Plaintiff's claim that Defendant Newhere, Inc. (Defendant) breached a written commission agreement between the parties and acted fraudulently with regard to the agreement. On 5/3/21, Plaintiff filed this action for: (1) Breach of Contract and (2) Fraud. Defendant now demurs to the entire complaint. The elements of a breach of contract cause of action are: (1) the contract, (2) plaintiff's performance or excuse for non...

Excerpt: ... to stay execution, recall and quash writ of possession. RULING: The motion is denied. This is an unlawful detainer action for property located at 25883 Tulip Grove St., Stevenson Ranch, California 91381. On 7/7/21, Plaintiffs and Defendants executed an Unlawful Detainer Stipulation and Judgment (Stipulation and Judgment) which was signed by the Court on 8/5/21. Pursuant to the Stipulation and Judgment, Defendants agreed to vacate the property no...

Excerpt: ...s plans during the pendency of this action. RULING: The application for preliminary injunction is denied. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing fo...

Excerpt: ...er is sustained with 20 days leave to amend. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. See also CRC 3.1110(f)(4). Cross-Complainant has fai...

Excerpt: ...st Defendant, his former wife, for allegedly telling their son, who was over the age of 18 at the time, that if he told Plaintiff that he moved to Florida before 12/15/20, Defendant would not pay for their son's college expenses and telling their son that if he continued to communicate with Plaintiff she would not longer pay for his college expenses. Plaintiff also makes vague references to attempts to see his son in the past, an assault on Plain...

Excerpt: ...al Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. See also CRC 3.1110(f)(4). Plaintiff David Trejo (Plaintiff) has failed to bookmark the declaration and exhibits attached to the opposition. Failure to comply wit...

Excerpt: ..., access to her i-Cloud and/or other electronic backup storage, and her social media accounts (Instagram and Snapchat) for forensic examination and extraction/download by third party forensic examiner Archer Hall - to Defendant's Requests for Production (Set Two), Request Nos. 71-76, 78-98, 105, 134-135, & 164-165. Regarding electronic data extraction and social media account download, the District seeks such examination and extraction limited to...

Excerpt: ...Inc.'s (IPlayco) Requests for Production of Documents, Set 1, Numbers 33-35, 46 and 48 and production of documents pursuant thereto within 10 days. Additionally, IPlayco requests an order compelling Plaintiff and his attorneys of record to pay sanctions to IPlayco in the amount of $800.00 within 10 days of the hearing on this motion. RULING: The request to compel further responses and production as to Requests 33, 34, 35 and 48 is granted. Furthe...

Excerpt: ...aim that on 2/3/12, when Plaintiff was a 10-year old student at Germain Elementary School in Defendant Los Angeles Unified School District (LAUSD), Plaintiff was sexually battered by Defendant Paul Adame (Adame), a buildings and grounds worker employed by LAUSD, during school hours. The operative Second Amended Complaint contains causes of action for: (1) Sexual Battery, (2) Intentional Infliction of Emotional Distress and (3) Negligence. On 4/21...

Excerpt: ...he causes of action in the First Amended Cross-Complaint. RULING: The demurrer is overruled and the motion to strike is denied. Answer is due within 20 days. This action arises from a business relationship between Plaintiff/Cross-Defendant Nakhla & Associates, Inc. (NAI) and Defendant/Cross-Complainant Fiedler Group (Fiedler). NAI and Fiedler are engineering firms. Fiedler retained NAI on certain projects to serve as Fiedler's mechanical, electri...

Excerpt: ...claratory Relief 3. Slander of Title RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the following portions of the complaint: (1) p.9:5-6 “For costs of suit herein incurred including attorney's fees against all Defendants” and (2) p.9:17-18 “For punitive and exemplary damages against Defendants for their despicable conduct.” RULING: The demurrer is overruled and the motion to strike is denied. Answer is due within 20 days. The par...

Excerpt: ...es (Penal Code 11164‐11174.3) 3. Negligence 4. Intentional Infliction of Emotional Distress 5. Assault and Battery RULING: The demurrer is sustained with 20 days leave to amend as set forth below. This action arises out of Plaintiff's claim that while he was a student at San Fernando Senior High School he was violently touched by Defendant Armando Gomez (Gomez), an employee of Defendant Los Angeles Unified School District (LAUSD), on multiple o...

Excerpt: ... corporation (Leung Corp) and Eric W. Leser O.D., a professional corporation (Leser Corp). RULING: The motion is granted. Plaintiffs are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Elect...

Excerpt: ...ka Khosro Reghabi (Reghabi) to appear in person before the Court, pursuant to CRC 3.670(f)(2), to show cause why the Court should not sanction Reghabi in the amount of $8,415.00 under CCP 177.5, 2023.030(a), 2023.050(a) and 2031.310(i) and why it should not order Reghabi to provide written notice of sanctions to the State Bar; (2) An order requiring Reghabi to provide further responses to Mirshojae's Requests for Production, without objections, a...

Excerpt: ...s a collections action on a personal loan account. On or around 5/22/18, Defendant Martin Adiwibowo (Defendant) applied for and received a loan in the amount of $61,669.43 from Plaintiff SoFi Lending Corp. (Plaintiff). (Separate Statement (SS) 1). As part of the loan process, Defendant executed a loan agreement. (SS 2). The loan agreement set forth all of the terms and conditions for the loan, including Defendant's promise to make regular monthly...

Excerpt: ...ff alleges the vehicle suffered from a number of defects in the brakes and transmission, which defendants were unable to repair after numerous attempts. Plaintiff requested a new vehicle or repurchase. On October 10, 2018, Plaintiff filed a complaint for breach of express warranty – Song-Beverly Consumer Warranty Act, breach of implied warranty - Song-Beverly Consumer Warranty Act, and violation of Civil Code section 1793.2. Defendant answered ...

Excerpt: ...ned by Defendant Defendant, San Francisco Townhouse Association (HOA). On an unspecified date prior to January 10, 2019, Defendant HOA hired Defendant Imperial Roofing, Inc. to conduct certain unspecified repairs on the roofs of the Plaintiffs' townhomes. On January 10, 2019, a roofer allegedly started a fire on the roof while conducting repairs, which led to the arrival of the fire department. The subsequent efforts of the fire department led to...