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...

Excerpt: ... demurrer is overruled. Answer is due within 20 days. This action arises out of the alleged financial elder abuse of Plaintiff Christine Lee who at all relevant times was over the age of 65. (Compl. ¶2). On 10/23/17, Defendant TLC Home Care Services (TLC) agreed to provide home care services for Wallace Lee, Plaintiff's husband. (Compl. ¶10). TLC assigned its employees, Defendants Gerry Cruz and John Paul Angeles, to provide the home care servi...

Excerpt: ... request Court approval of the PAGA portion of Plaintiff's Complaint as to Plaintiff individually, as the sole aggrieved employee, and further request that the Court dismiss the remainder of the PAGA claim as to other alleged aggrieved employees, without prejudice. RULING: The unopposed motion is granted. Plaintiff Vigen Zadourian (Plaintiff) was employed by Defendant Forrest Machining, Inc. (Defendant) from 2019 until April of 2020. On 4/30/20, ...

Excerpt: ... (west and east) easements on Dormer Road, Agua Dulce, CA 91390; (2) from permitting water, soil, debris, etc. to being diverted from the natural water course on Defendants' property to overflow and seep onto Plaintiffs' property; (3) from allowing railroad ties, tree trunks, rocks, dirt, mulch, steel stakes, No Trespassing signs, debris, etc. from being deposited on and blocking Plaintiffs' use of the easement on the Defendants' property; and (4...

Excerpt: ...a protected activity, i.e., an act in furtherance of a person's right of free speech in connection with a public issue. (See Code of Civil Procedure § 425.16(b)(1).) Second, if such a showing is made, the Court determines whether the opposing party has demonstrated a probability of prevailing on the claim. The opposing party demonstrates this by showing the challenged pleading is legally sufficient and supported by a sufficient prima facie showi...

Excerpt: ...s a safe location relative to the surrounding areas", to whom CW and/or Cunningham made that representation, and how (whether orally or in writing.) Second, Herban must allege facts demonstrating why any reliance on that purported misrepresentation was justifiable, in light of the express language in its lease that (1) Herban was relying solely on its own investigation as to the nature, quality, and character of the Premises and CW "had no respon...

Excerpt: ...ducts Liability (not alleged against Moving Parties) 5. General Negligence (not alleged against Moving Parties) 6. General Negligence – Loss of Consortium RELIEF REQUESTED IN MOTION TO STRIKE: An order striking certain portions of the First Amended Complaint: (1) Prayer No.7, p.35:11-12, “For Punitive and exemplary damages, except as to the POOL MAINTENANCE DEFENDANTS”; (2) The entire Third Cause of Action for “Gross Negligence and/or Rec...

Excerpt: ...t”) for a gross settlement amount of $1,000,000.00 on the grounds that the Settlement Agreement is fair, adequate and reasonable; (2) Approving an Attorney Fee Award in the amount of $350,000 to Justice Law Corporation (“Class Counsel”) for 546.1 hours of attorney time spent working on the case from pre-filing investigation to the final fairness hearing; (3) Approving a Cost Award in the amount of $11,229.74 to Class Counsel for actual liti...

Excerpt: ...ompel the production of documents responsive to the requests in their native digital format, which is “the form or forms in which it is ordinarily maintained" in accordance with this Court's 4/14/21 order and CCP 2031.280(d)(l ), imposing sanctions in the amount of $3,710.00 against NAI and its counsel of record, Andrew J. Kulick, sanctions against NAI and its counsel of record, Andrew J. Kulick, in the amount of $250 for failure to respond in ...

Excerpt: ...forth therein for: (1) Breach of Contract, (2) Fraud, (3) Fraud in the Inducement, (4) Breach of Fiduciary Duty, (5) Negligence, (6) Rescission, (7) Conversion, (8) Failing to Register Securities, (9) Failing to Obtain Licensing and (10) Securities Fraud in favor of Defendants RE/MAX Olson & Associates, Inc. and Tammy Delwarte. RULING: The motion is denied. Despite being warned to comply with the “TECHNICAL REQUIREMENTS” set forth in the 5/13...

Excerpt: ...with 20 days leave to amend. Although the reply was filed and served 2 days late, it was considered by the Court. CCP 1005(b); CRC 3.1300(d). However, Defendants are warned that the Court may exercise its discretion to refuse to consider future late filed papers. See CRC 3.1300(d). This action arises out of dispute over property located at 28212 Kelly Johnson Parkway, Units 215 and 225, Santa Clarita, California 91355 (Property). Defendant Witkin...

Excerpt: ....16. (See Motion p.8:17; Reply p.10:15-16). RULING: The motion is granted. 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. Liker filed the underlying complaint in this action for Breach of Contract. On 10/20/20, Liker served a Lis Pendens on Defendants/Cross-Complainants Roshmore Development, Inc. and Cochran, In...

Excerpt: ...tion Code 2. Common Law Negligence 3. Negligent Supervision 4. Intentional Infliction of Emotional Distress 5. Negligent Infliction of Emotional Distress 6. Battery 7. Sexual Battery 8. Parental Liability for Tort of their Child Under CC 1714.1 RELIEF REQUESTED IN MOTION TO STRIKE: An order striking: (1) ¶23, p.6:18-22; (2) ¶24, p.6 (citation to Education Code 234, 234-1, 234-2, 234-3 and 234.5); and (3) ¶31, p.8:1-5. RULING: The demurrer is s...

Excerpt: ...isrepresentation.Deceit and/or Common Law Fraud 4. Negligent Infliction of Emotional Distress 5. Breach of Fiduciary Duty 6. Abuse of Process 7. Attorney Malpractice and Breach of Fiduciary Duty (not alleged against Moving Parties) 8. Breach of Contract 9. Quiet Title 10. Unjust Enrichment RELIEF REQUESTED: An order striking the entirety of ¶¶44, 53, 54, 77, 95 and 96 regarding punitive and exemplary damages in the Second Amended Complaint. Add...

Excerpt: ...t 1, Numbers 1-76, 83-90, 99-101 and 103- 105. Additionally, ICON requests sanctions in the amount of $4,935.00 against Rosenbaum and his counsel of record. RULING: The request to compel further responses is granted. Further responses are due within 20 days. The request for sanctions is denied. This action arises out of Defendant/Cross-Complainant Daniel Rosenbaum's (Rosenbaum) hiring of Plaintiff/Cross-Defendant Nutcracker, Inc. dba ICON Inc. an...

Excerpt: ... is denied. This action arises out of a residential real estate purchase transaction. Defendants Melvin James Burrell, Capital Executive Realty, Inc. and Regal Services Group were the broker and agent for the seller of the property. Plaintiff's counsel failed to appear at the 10/8/20 Case Management Conference. As a result, the Court set an Order to Show Cause as to why sanctions should not be imposed for Plaintiff's failure to appear for 1/14/21...

Excerpt: ...mmon Law Fraud 4. Negligent Infliction of Emotional Distress 5. Breach of Fiduciary Duty 6. Abuse of Process 7. Attorney Malpractice 8. Breach of Contract (not alleged against Medioni) 9. Quiet Title 10. Unjust Enrichment RELIEF REQUESTED: An order striking the 9 th and 10 th causes of action and the prayers for punitive damages, exemplary damages, injunctive relief, quiet title and accounting. (SAC ¶¶125-132 and Prayer ¶¶1, 5, 6, 7, 10, 11)....

Excerpt: ...OTION TO STRIKE: An order striking the following portions of the complaint: (1) “General Damages” at p.9:13, (2) “attorneys fees” at p.9:15 and (3) “For punitive and exemplary damages against Defendants for their despicable conduct” at p.9:17-18. RULING: The demurrer is overruled. The motion to strike is granted, without leave to amend, as to “General Damages” at p.9:13 and is otherwise denied. Answer is due within 20 days. Defend...

Excerpt: ... 2. Elder Abuse – Welfare & Institutions Code 15657, 15610.57 3. Wrongful Death *The notice of demurrer only addresses the 1 st and 2 nd causes of action. However, the points and authorities seem to challenge the entire Second Amended Complaint. RELIEF REQUESTED IN MOTION TO STRIKE: An order striking ¶54 and portions of the Prayer for Relief (¶¶1, 2, 3 and 5 of the Prayer). RULING: The demurrer is sustained with 20 days leave to amend as to ...

Excerpt: ...laint constitutes protected expression as defined by CCP 425.16 and (2) awarding Defendant her attorney's fees and costs as a prevailing party in the amount of $6,301.82. RULING: The hearing on the motion is denied. On 9/25/20, Plaintiffs Craven Moorehead and Black Wings Media, Inc. filed this action against Defendant Aria Lee alleging a single cause of action for defamation – libel per se. The Complaint alleges that Defendant published a video...