Excerpt: ...tions Defendant contends are irrelevant, false and improper and allegations regarding and the prayer for punitive damages in the complaint. Specifically, Defendant seeks to strike: ¶22, p.5:9-18; ¶58, p.10:15-16; p.11:11 of the prayer and any re-alleging and/or incorporation by reference of said allegations and/or paragraphs. RULING: The demurrer is overruled as to the 1 st, 2 nd and 3 rd causes of action and sustained with 20 days leave to ame...

Excerpt: ...he Bane Act, CC 52.1 6. Negligent Infliction of Emotional Distress RULING: The unopposed demurrer is sustained without leave to amend. This action arises out of an incident that occurred at a Trader Joe's store in Chatsworth, California. Plaintiff alleges that on 1/11/20, when he attempted to leave the store with his purchased groceries, an employee of Defendant Trader Joe's, Defendant/Moving Party Michael Milosevich, placed his body at the end o...

Excerpt: ... RELIEF REQUESTED: An order granting summary judgment, or in the alternative summary adjudication, in favor of Defendant Pace Funding Group, LLC (PFG/Defendant) and against Plaintiffs Andrea Carillo, Olga Delatorre, Jorge Hernandez, Gladys Lopez, Walter Orellana, Francisco Marin, Mario Marin, Jose Peraza, Mercedes Rivera, Jose Rivera, Maria Tirado, Rene Quintanilla, Dora Zuniga and Silvia Rodriguez RULING: The motion is denied. This action arises...

Excerpt: ...7. Civil Code 1632 8. Negligent Infliction of Emotional Distress *The causes of action listed in the caption of the First Amended Complaint do not match those in the body of the First Amended Complaint. The causes of action listed above are as they appear in the body of the First Amended Complaint. RULING: The demurrer is sustained with leave to amend. A Second Amended Complaint is due to be filed and served on or before 4/30/21. Based on the 3/1...

Excerpt: ...le the cross- complaint, or an amended cross-complaint. RULING: The motion is granted as set forth below. Defendants World Tech Toys, Inc.; Kevork Kouyoumjian; Vicken Kouyoumjian and Jacques Kouyoumjian are ordered to file their Answer on 3/17/21 after the hearing. Cross-Complainants Kevork Kouyoumjian and World Tech Toys, Inc. are ordered to file their (First) Amended Cross-Complaint on 3/17/21 after the hearing. Defendants and Cross-Complainant...

Excerpt: ...ntation 8. Negligence 9. Breach of Contract 10. Breach of Fiduciary Duty 11. Breach of Contract 12. Equitable Indemnity 13. Contribution *The 8 th and 9 th causes of action are reversed in the caption of the First Amended Cross-Complaint. RULING: The demurrer to the 9 th cause of action is overruled. The demurrer to the 12 th and 13 th causes of action is sustained without leave to amend. Answer is due within 20 days. The parties are reminded to ...

Excerpt: ...ntiff as Document No. 20200292435 in the office of the Los Angeles County Recorder on 3/12/20 against the real property identified as: “Beacon at Hillcrest, Tract 50505, Mason & Sesnon Blvd., X-Str: Arroy (sic) Vista Way, Porter Ranch, CA (Los Angeles County);” and (2) Mechanics' Lien recorded by Plaintiff as Document No. 20200310113 in the office of the Los Angeles County Recorder on 3/17/20 against the real property identified as “Beacon ...

Excerpt: ...thorities. RULING: The motion is granted as set forth below. This action arises out of an incident that occurred on 11/30/17 in the parking lot of one of Defendant Orchard Supply Company LLC's (Orchard) retail stores. Plaintiff alleges that he was beaten by Defendant Monument Security Inc. Security Inc. (Monument) guards which Plaintiff alleges were hired and supervised by Orchard Supply Company LLC. The operative Fourth Amended Complaint contain...

Excerpt: ... nd cause of action for defamation (libel) and 3 rd cause of action for misappropriation of name/likeness (CC 3444) in the First Amended Cross-Complaint. Cross-Defendants/the Harts reserve their right to move for an award of attorney fees and costs pursuant to CCP 425.16(c). RULING: The motion is granted. PROCEDURAL HISTORY On 2/14/20, Musette Hart filed this action against Canyon Theatre Guild for: (1) Defamation; (2) Wrongful Termination in Vio...

Excerpt: ... construction to the exterior of his property and requiring Defendant to either obtain approval from Plaintiff for all exterior repairs/modifications to the outside of his property or to remove unauthorized improvements he made to the exterior of his unit. Additionally, Plaintiff seeks reimbursement of all attorney's fees and costs incurred in the preparation and appearance of this motion. RULING: The application/motion is denied. Plaintiff is a ...

Excerpt: ...ch of Covenant of Good Faith and Fair Dealing 3. Negligent Misrepresentation 4. Negligence 5. Promissory Fraud 6. Breach of Third-Party Beneficiary Contract 7. Negligence 8. Breach of Third-Party Beneficiary Contract 9. Breach of Express Warranty 10. Breach of Implies Warranties 11. Negligence The 4 th and 6 th – 11 th causes of action are not alleged against Castaic Village Center, LLC and Robert Stratton/Moving Parties. RELIEF REQUESTED IN MO...

Excerpt: ...E: ok RELIEF REQUESTED: An order striking certain allegations and the prayer for punitive damages contained in the Second Amended Complaint. Specifically, Food 4 Less seeks to strike ¶39, p.8:7-9; ¶47, p.9:17-19; ¶61, p.12:24-26; ¶67, p.14:25-27; ¶75, p.17:7-9; and Prayer for Relief ¶9, p.18:3. RULING: The motion is granted without leave to amend. Defendant Food 4 Less of California Inc. dba Food 4 Less (Food 4 Less) is reminded to review t...

Excerpt: ...rrer is to the entire First Amended Complaint: 1. Wrongful Death 2. Survivor's Action 3. Negligence 4. Negligent Infliction of Emotional Distress* *The 4 th cause of action is not listed in the caption of the Second Amended Complaint, but appears in the body. RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding and the prayer for punitive damages contained in the Second Amended Complaint. Specifically, Primestor seeks to ...

Excerpt: ...ees and Notice of Posting Jury Fees, and to order the case be tried to the Court on 6/21/21 as currently set without a jury. RULING: The hearing will be continued. Plaintiff's Request for Judicial Notice is granted. This action arises out of Defendant's alleged legal malpractice. Plaintiff sustained personal injuries due to a trip and fall incident that occurred on 12/7/12. Plaintiff alleges that Defendant, an attorney she hired, failed to file a...

Excerpt: ...te of Harue J. Marsden, and derivatively on behalf of Marsden & Leung, a professional corporation; and Alissa Wald NOTICE: ok Demurrer is to the entire First Amended Complaint: DERIVATIVE CAUSES OF ACTION 1. Breach of Fiduciary Duty 2. Fraud and Deceit 3. Appointment of Receiver and/or Provisional Director 4. Abuse of Control 5. Corporate Mismanagement and Waste 6. Accounting 7. Declaratory Relief INDIVIDUAL CAUSES OF ACTION 1. Dissolution of Cor...

Excerpt: ...ained without leave to amend. The parties are, again, 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 (i.e., table of contents and exhibits bookmarked). Failure t...

Excerpt: ...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 (i.e, documents should be text searchable and properly bookmarked). Failure to comply with these requirements in the future may result in...

Excerpt: ...ant's Form Interrogatories, Set 1; Special Interrogatories, Set 1 and Requests for Identification and Production of Documents and Things, Set 1 as ordered by this Court on 9/28/20. Additionally, Defendant requests an order imposing sanctions on Plaintiff and its counsel, Steven D. Cribb, Esq. and Andre J. LeLievre, Esq., in the amount of $5,035.50. Further, Defendant requests an order imposing issue, evidence and/or terminating sanctions against ...

Excerpt: ...ng Act 5. Discrimination in Violation of FEHA (Gov't Code 12900, et seq) & Unruh Civil Right Act (CC 51, 52.1) 6. RICO Conspiracy 7. Unfair Debt Collection Practice (Rosenthal FDCPA/FDCPA) 8. Fraud 9. Negligence 10. Public and Private Nuisance 11. Negligent Infliction of Emotional Distress 12. Injunctive Relief 13. Declaratory Relief 14. Malicious Prosecution 15. Accounting RULING: The demurrer is overruled as to the 6 th, 9 th, 10 th and 13 th c...

Excerpt: ...'s 1 st cause of action for Declaratory Relief, 2 nd cause of action for Quiet Title and 5 th cause of action for Cancellation of Instruments in Plaintiff's Complaint. Additionally, Cross-Defendants Lakeview Loan Servicing, LLC and M&T Bank seek summary adjudication of the 1 st cause of action for Quiet Title, 2 nd cause of action for Declaratory Relief and 3rd cause of action for Removal of Cloud on Title in Canyon View Limited dba Canyon View E...

Excerpt: ...stress. RULING: The motion is denied. This motion was originally scheduled for hearing on 1/19/21. Due to issues with service of the opposition and lack of reply, the hearing was continued to allow Plaintiff to file and serve a reply, if he chose to do so. (See 1/19/21 Minute Order; Notice of Ruling filed 1/19/21). No reply has been filed. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for...

Excerpt: ...on is denied. The settlement entered between Defendant/Cross-Complainant Gini Wong Rogers (Rogers) and Plaintiff Kasey Navarro is found to be in good faith pursuant to CCP 877.6. Pursuant to CCP 877.6(c), such determination bars any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence o...

Excerpt: ...k Village Homeowners Association (the Association) from acting on behalf of the Association without being elected by ballot, in compliance with the Association's Bylaws, and from billing Plaintiff $448.00 instead of $309.82 and taking any action to foreclose on (selling, attempting to sell, or causing to be sold) Plaintiff's home located at 8650 Gulana Avenue L-3173, Playa Del Rey, CA 90813 based on what Plaintiff claims is an incorrect assessmen...

Excerpt: ...ks an order: (1) compelling Plaintiff to amend his response to Demand 20 to confirm whether he has any records responsive to this request and to the extent he does, to produce them; (2) compelling Plaintiff to (a) supply a privilege log for any documents Plaintiff has withheld as privileged in response to Demands 1-9, 13-15, and 31-38, and/or (b) to the extent Plaintiff did not withhold any responsive documents as privileged, amend his written re...

Excerpt: ...eese, Inc. dba Toppers Pizza Place (collectively, Defendants) as to the following legal contentions and causes of action: (1) Defendants J & S Restaurants, Inc. and XCheese, Inc. are jointly and severally liable in regard to the claims asserted in Plaintiff's complaint; (2) Summary adjudication in favor of Plaintiff on Plaintiff's 5 th cause of action for Failure to Permit Inspection of Employee Records because Defendants failed to meet the deadl...