Excerpt: ...c. for a total value of $88,034.39 and $141,955.24. On April 12, 2019, Plaintiff, pro se, filed a complaint for Open Book Account and Services Rendered. On October 8, 2019, Plaintiff filed its first amended complaint for Open Book Account and Services Rendered. On October 10, 2019, a peremptory challenge was filed in Department 47. The parties also participated in non-binding arbitration. The award was rejected by Defendants. On January 28, 2020,...

Excerpt: ...d a 2016 model year Honda Civic 1.5T vehicle. Plaintiff alleges the vehicle suffered from a number of defects in the interior, audio system, electrical, display, and connectivity, which defendants were unable to repair after numerous attempts. On October 22, 2019, Plaintiff filed a complaint for breach of express warranty – Song-Beverly Consumer Warranty Act, breach of implied warranty - Song-Beverly Consumer Warranty Act, and three other viola...

Excerpt: ...um. On December 21, 2017, SDI Industries, Inc. filed a cross-complaint for indemnity, contribution, declaratory relief and duty to defend against Intelligrated Sytems, LLC. On June 8, 2018, Nordstrom, Inc. filed a complaint-in-intervention against SDI Industries, Inc. and Intelligrated Sytems, LLC for recovery of paid Workers' Compensation benefits. On September 12, 2018, Plaintiffs substituted in Intelligrated Sytems, LLC for Doe 1. On November ...

Excerpt: ...harles Allen's (Plaintiff) claim that he was wrongfully terminated by Defendant Magic Mountain, LLC (Defendant). Plaintiff alleges that on or around 8/1/19, Defendant hired Plaintiff as a Park Services Attendant at Magic Mountain in Valencia, California. (Compl. ¶17). As a non-exempt employee, Plaintiff contends that he performed all his job duties satisfactorily, but Defendant wrongfully terminated him on or about 12/27/19. Id. Plaintiff allege...

Excerpt: ...MOTION TO STRIKE: An order striking various portions of the First Amended Complaint; each cause of action in the First Amended Complaint; the First Amended Complaint in its entirety as it relates to attorney's fees and costs and claims for punitive damages. RULING: The demurrer is overruled. The motion to strike is denied. Answer is due within 20 days. This action arises out of Plaintiffs' claim that Defendant breached several contracts between t...

Excerpt: ...sically personally appear before this Court and show cause why he should not pay monetary sanction in the amount of $4,610 for abusing the discovery process in this action. Additionally, Judgment Creditor Hamid Mirshojae requests an order compelling Reghabi to provide responses to the Requests for Production propounded by Mirshojae, and produce all documents sought by the Requests. RULING: The motion is granted as set forth below. Responses/furth...

Excerpt: ...and CRC 8.278(d)(2). RULING: The unopposed motion is granted. Defendants' Request for Judicial Notice (RJN) is granted. This action arose out of Defendants' legal representation of Christian Kepler in an employment lawsuit against DC Partners, Inc. (“DC”) of which Plaintiff was/is the President and CEO (the “Kepler Action”). In the Kepler Action, it was alleged, among other things, that DC had violated labor statutes in relation to Kepler...

Excerpt: ... requests an award of sanctions in the amount of $3,560.00 against Plaintiff and/or Plaintiff's counsel, Michael J. Libman, the Law Offices of Michael J. Libman, Gary Berkovich and/or the Law Offices of Gary Berkovich. RULING: The motion is granted as set forth below. Further responses are due and sanctions are payable within 20 days. This action arises out of Plaintiff's claim that she suffered injuries in two separate, unrelated incidents. Plai...

Excerpt: ...intiff's Complaint is denied. The alternative request to strike certain portions of Plaintiff's Complaint is also denied. Intervenor's Request for Judicial Notice (RJN) is granted. The declaration of Plaintiff's attorney, Narak Mirzaie, is not signed under penalty of perjury. See CCP 2015.5. Even if the declaration was properly executed, Intervenor's objections to portions thereof are valid. As such, Intervenor's evidentiary objections, numbers 1...

Excerpt: ...e 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 (particularly bookmarking). See also CRC 3.1110(f)(4). Failure to comply with these requirements in the future may result in papers being rejected, matters being placed off ...

Excerpt: ... th, 31 st and 32 nd affirmative defenses in Defendants Jeffrey Kentner and Greenwolf Builders' First Amended Answer to Plaintiff's Second Amended Complaint. The demurrer is otherwise overruled. This is an action by the owner of a condominium unit against the homeowners' association (HOA), the HOA's counsel, and others, including Defendants Jeffrey Kentner and Greenwolf Builders (collectively, Defendants). Greenwolf is a contractor hired by the H...

Excerpt: ... malpractice action arises prior to the trial of the legal malpractice claims. RULING: The motion is denied. Plaintiff is 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: ...s of the First Amended Complaint. Specifically, LAUSD seeks to strike portions of ¶12 (p.3:11) and ¶18 (p.4:8) which state “Gov. Code 815.2.” RULING: The demurrer is sustained with 20 days leave to amend. The unopposed motion to strike is granted without leave to amend. This action arises out of Plaintiff's claim that on 2/3/12, when Plaintiff was a 10-year old student at Germain Elementary School in Defendant Los Angeles Unified School Dis...

Excerpt: ...Misrepresentation 4. Breach of Oral Contract 5. Breach of Written Contract 6. Promissory Estoppel RELIEF REQUESTED IN MOTION TO STRIKE: An order striking ¶4 of the Prayer for punitive damages in relation to the 3 rd cause of action. RULING: The demurrer to the 2 nd, 4 th, 5 th and 6 th causes of action is overruled. The demurrer to the 3rd cause of action is sustained without leave to amend. The motion to strike is placed off calendar as moot. A...

Excerpt: ...aintiff's therapist. RULING: The motion is denied, in part, and granted, in part, as set forth below. This action arises out of Plaintiff's claim that Defendant terminated her employment in retaliation for Plaintiff making a complaint to the Federal Trade Commission. Plaintiff alleges that as a result of Defendant's conduct, she “has suffered damages including, but not limited to, loss of salary, commissions, and benefits... .” (Complaint ¶2...

Excerpt: ...ross-Defendant Azniv Michelle Malkhasyan (Malkhasyan) on Malkhasyan's Third Amended Complaint and CSE's Cross- Complaint. Alternatively, CSE requests summary adjudication of: (1) CSE's 1 st cause of action in its Cross-Complaint for Breach of Contract; (2) CSE's 2 nd cause of action in its Cross-Complaint for Declaratory Relief; (3) CSE's 35 th affirmative defense which states Plaintiff's claims are barred because there is no coverage under the P...

Excerpt: ... further removal, construction, installation, or modification of improvements on their property until they have first submitted revised plans and specifications in full compliance with the Association's Governing Documents, including the CC&Rs and Architectural Standards, and such plans have been approved; (2) Requiring Defendant to participate with their neighbors, the Grays, in the arbitration process required by CC&Rs Article XIII, Section 9, ...

Excerpt: .../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 (specifically, bookmarking declarations and exhibits). See also CRC 3.1110(f)(4). Failure to comply with these requirements in the future ma...

Excerpt: ...was “virtually identical” to a prior action filed by Plaintiff, when the Court granted Defendants' Motions to Set Aside/Vacate Default, in addition to ordering responsive pleadings were to be filed within 30 days, it ordered that a Notice of Related Case was also to be filed within 30 days. Specifically, the Court stated: Responsive pleadings and Notice of Related Case are to be filed within 30 days. In addition to filing the Notice of Relate...

Excerpt: ...atedly and inappropriately rubbing” plaintiff's arms and legs, next proceeded to grab Plaintiff's penis and testicles without “medical justification.” Dr. Castillo then began to digitally penetrate Plaintiff's anus. During the course of this conduct, Dr. Castillo allegedly rubbed his own genitals on Plaintiff's body for purposes of sexual gratification. Notwithstanding the end of the conduct in the examination room, Dr. Castillo then remove...

Excerpt: ...e hearing will be continued. These are two consolidated actions, the “Mirshojae Case” (LC015208) and the “Reghabi Case” (LC106904). In the Mirshojae Case, Hamid Reza Mirshojae (Hamid) sued Khosro Reghabi aka Ross K. Reghabi dba Southern California Law Group (Reghabi) for malpractice, intentional misrepresentation and breach of fiduciary duty. In the Reghabi Case, Reghabi sued Hamid and Ahang Zarin Kelk aka Ahang Mirshojae (Ahang) for alle...

Excerpt: ...remises 3. Nuisance 4. Breach of Quiet Enjoyment 5. Intentional Infliction of Emotional Distress RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions of the First Amended Complaint. Specifically, Defendants seek to strike: 1. Page 7, Paragraph 28, which states "Even when the infestation would not stop, Defendants refused neglected and would not disclose to plaintiffs the source of the dangerous conditions at the subject proper...

Excerpt: ...ement Agreement (“Settlement Agreement,” “Settlement,” or “Agreement”), attached as “EXHIBIT 2” to the Declaration of Douglas Han, including, and not limited to, the means of allocation and distribution of funds, and the allocations for penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”), Attorney Fee Award, Cost Award, Class Representative Enhancement Payment, and the Administration Costs;...

Excerpt: ...n 10/15/19 in case number LC106094 against Ahang and in favor of Reghabi. RULING: The motion is denied. These are two consolidated actions, the “Mirshojae Case” (LC015208) and the “Reghabi Case” (LC106904). In the Mirshojae Case, Hamid Reza Mirshojae (Hamid) sued Khosro Reghabi aka Ross K. Reghabi dba Southern California Law Group (Reghabi) for malpractice, intentional misrepresentation and breach of fiduciary duty. In the Reghabi Case, R...

Excerpt: ...es Liability RULING: The demurrer is sustained with 20 days leave to amend. This action arises out of Plaintiff's claim that while in his classroom, a teacher at San Fernando Middle School called her baby, inappropriately touched her hip and proceeded to move toward her vaginal area when she grabbed his arm, twisted it, and told him to stop. (FAC ¶15). The operative First Amended Complaint contains causes of action for: (1) Sexual Battery; (2) I...