Excerpt: ...n the attraction experience, her body “shot forward, her eyes forced closed,” she hit her head, and then her body “shot backwards.” Plaintiff exited the attraction and “blacked out.” Plaintiff woke up to a medic asking a series of questions as to her condition. On October 11, 2017, Plaintiff filed a complaint for Premises Liability and Negligence. Magic Mountain, LLC answered on January 16, 2018. On December 3, 2019, Plaintiff substit...

Excerpt: ...al and Defendants Y&E Enterprises, LLC and Eliad Schwartz executing a settlement agreement over a dispute involving the trademark for a product identified as “Oro 24 Karat the Gold Standard of Skincare.” According to Plaintiff, Defendants agreed to stop using the word “Gold” or “Oro” in any trademark. Plaintiff alleges that following execution of the agreement, Defendants in fact utilized and registered a trademark with the word “go...

Excerpt: ...ruction, 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, to resolve the ongoing ...

Excerpt: ...Property 3. Promissory Fraud 4. Promissory Estoppel 5. Quiet Title 6. Imposition of a Constructive Trust 7. Unjust Enrichment 8. Declaratory Relief RELIEF REQUESTED IN MOTION TO STRIKE: An order striking certain allegations in the complaint, regarding punitive damages and fraud and deceit. Specifically, Defendant seeks to strike ¶34, p.9:19-23; ¶55, p.14:10-12 and the Prayer for punitive and exemplary damages in relation to the Third Cause of A...

Excerpt: .... 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. Failure to comply with these requirements in the future may result in papers being rejected, matters being placed off calendar, matters being continued so documents can be resubmitted in compliance with these re...

Excerpt: ...diately turn over to Receiver rents in the amount of $93,221.67. RULING: The request for an order holding Defendant Ahang Mirshojae in contempt for failure to obey this Court's 10/14/20 Order Appointing Receiver Over Properties is denied. The request for an order requiring Defendant Ahang Mirshojae to immediately turn over to Receiver rents in the amount of $93,221.67 is denied. The parties are reminded to review the 5/3/19 First Amended General ...

Excerpt: ...gligent 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) RELIEF REQUESTED: An order striking the entirety of ¶¶55, 56, 79 and 88 in the First Amended Complaint. RULING: The demurrer is sustained with 30 days leave to amend. The motion to strike is placed off calendar as moot due to the ruling on the demurrer. The parties agr...

Excerpt: ...Misrepresentation 4. Breach of Oral Contract 5. Breach of Written Contract 6. Promissory Estoppel RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the entire Third Cause of Action for Fraud – Intentional Misrepresentation (¶¶25-35) and ¶4 of the Prayer for punitive damages in relation to the Third Cause of Action. RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off calendar as moot. Answer is d...

Excerpt: ...quest for Production of Documents, Set 1, Numbers 16-19 and 21-22. RULING: The motion is granted as to Requests 16, 17, 18, 21 and 22. Further responses are due within 30 days. The motion is denied as to Request 19. 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...

Excerpt: ...o Defendant Newhall School District's Request for Production of Documents, Set 2, numbers 30, 31, 32, 33, 34 and 35 and Supplemental Pre-Trial Requests for Production of Documents, within 14 days of the ruling on this motion. Additionally, Newhall requests sanctions against Mata and his attorney, Manuel D. Balam of Robins Cloud, LLP, jointly and severally, in the amount of $1,050.00, to be paid within 14 days of the hearing on this motion. RULING...

Excerpt: ...achining, Inc. RESPONDING PARTY: Proposed Intervenor Nejdeh Vartanian RELIEF REQUESTED: An order approving the Joint Stipulation Re: PAGA Settlement entered between Plaintiff and Defendant, pursuant to California Labor Code 2699(l)(2). RULINGS: The hearings are placed off calendar and counsel for Nejdeh Vartanian is ordered to file a Notice of Related Case in this action and 20STCV28138. On 7/27/20, proposed Intervenor Nejdeh Vartanian filed a cl...

Excerpt: ... Failure to Engage in the Interactive Process (Gov't Code 12940(n)) 4. Retaliation (Gov't Code 12940(h)&(m)(2)) 5. Failure to Maintain a Discrimination Free Environment (Gov't Code 12940(k)) RULING: The demurrer is overruled. Answer is due within 20 days. This action arises out of Plaintiff's employment with Defendant as a night lead custodian. Plaintiff's employment with Defendant began in 2006. (FAC ¶5). Plaintiff alleges that he suffered two ...

Excerpt: ... Ellison, and dismissing the action as to Ellison. RULING: The motion is granted. 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. Failure to comp...

Excerpt: ...hment. RULING: The application is granted as set forth below. 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. Failure to comply with these requir...

Excerpt: ...rneys' Fees: 1. Breach of Contract 2. Open Book Account 3. Account Stated 4. Goods Sold and Delivered 5. Conversion 6. Claim and Delivery 7. Promise Without Intent to Perform 8. Intentional Misrepresentation 9. Negligent Misrepresentation 10. On Contractor's License Bond (not alleged against Moving Defendants) RULING: The unopposed demurrer of Defendant Bryan Mitchell to all causes of action alleged against him in the Complaint (1 st – 9 th cau...

Excerpt: ... Strike the Cross-Complaint filed by Cross-Complainants Susan B. Seifert and David G. Frith-Smith and in bringing this motion. RULING: The motion is granted as set forth below. 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...

Excerpt: ...on Services, Inc. pursuant to CCP 425.16. (2) An order dismissing this action for fraudulent transfer against Defendant Dilicia Mendez pursuant to CCP 425.16. (3) An order dismissing this action for fraudulent transfer against Defendant Edwin Mendez pursuant to CCP 425.16. RULING: The motions are 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, par...

Excerpt: ... on Defendants Omar G. Maloof; Michelle Etmyemezian; Scallia Corporation; Bannaoun Engineers; Maloof Companies LLC; and Maloof Naman Builders on 2/5/20 be deemed admitted. Additionally, Plaintiff requests sanctions against Defendant Maloof and his attorney Farah Faramarzi in the amount of $2,810.00. RULING: The motion is denied. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. Whe...

Excerpt: ...fore, ordering Plaintiff to prosecute his claims, if at all, through individual arbitration only; and dismissing Plaintiff's complaint against Defendants in its entirety. Alternatively, Defendants request an enforcing the parties' arbitration agreement according to its terms and therefore, instructing Plaintiff to prosecute his claims, if at all, through individual arbitration only; and staying this proceeding pending the completion of the arbitr...

Excerpt: .... 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. Failure to comply with these requirements in the future may result in papers being rejected, ma...

Excerpt: ...oss-Defendant Stuart Sokolin. Alternatively, Defendants and Cross-Complainants seek an order granting summary adjudication of the following issues: Issue 1: The only shareholder to have made a capital contribution to New York Group Financial, Inc. (“NYGF”) is Lucian Seifert, predecessor-in-interest to Susan Seifert, and therefore per the shareholders agreement Seifert is entitled to a preferential distribution as a matter of law. Issue 2: The...

Excerpt: ...ers for punitive damages (¶19, Prayer ¶2) and attorney fees (Prayer ¶3) and a claim for emotional distress (¶16). RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off calendar as moot. 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...

Excerpt: ...Center for left hip replacement surgery. Surgery was performed on October 10, 2017 by Dr. Raj Ahluwalia. On October 25, 2017, Plaintiff was diagnosed with a fracture of the left femur, which required a second corrective surgery. Plaintiff filed his complaint on May 14, 2018. The action was transferred from the Personal Injury hub to Department 49 on November 19, 2019. RULING: Denied. Evidentiary Objections to the Declaration of Shah and Homokay: ...

Excerpt: ...I, as Trustee of the Alliance Holding Trust, Danny Rowlett Jr., as Beneficiary of the Alliance Holding Trust, and the Alliance Holding Trust. RULING: 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 Gen...

Excerpt: ...minded 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. Failure to comply with these requirements in the future may result in papers being rejected, matters being placed o...