Excerpt: ...ow. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arose out of the alleged breach of a contract between Plaintiff Vaping360 GMBH (Plaintiff) and Defendant Newhere, Inc. dba CBDFX.Com (Defendant) for use of Plaintiff's website hyperlinks to promote and sell Defendant's products. Plaintiff contended that the contract stipulated that Plaintiff would receive commission based on the use of the hyperlinks from Plaintiff's website to Defendant's web...

Excerpt: ...– 16 th and 18 th – 20 th causes of action in Plaintiffs' First Amended Complaint. RULING: The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a landlord-tenant dispute. On 7/6/23, Plaintiffs Irwin Jacobowitz; Pearl Jacobowitz; Dakota Dusty Zeigerman-Jacobowitz; Arizona Jacobowitz and Montana Jacobowitz (collectively, Plaintiffs), representing themselves, filed this action against Defendants Rick Hawthorne, ...

Excerpt: ...mplaint of SiteOne Landscape Supply, LLC. RULING: The motion is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY Plaintiff/Cross-Defendant L.A. Tire Tech, Inc. (L.A. Tire Tech) is a fleet maintenance company who allegedly provided maintenance and repair services to Defendant/Cross-Complainant SiteOne Landscape Supply, LLC (SiteOne) pursuant to an oral agreement. As of 8/21/21, SiteOne notified L.A. Tire Tech that all of its services were no longer n...

Excerpt: ...ntiff and Defendant each own an undivided one-half interest in the parcel of real property commonly known as 17622-17624 Los Alimos Street, Los Angeles, California (APN 2712-028-008) (the Property), and Plaintiff seeks to have the Property divided by partition. Plaintiff seeks to have the Property sold and to have the proceeds distributed pursuant to Plaintiff's and Defendant's ownership interests in the Property, after payment of fees and costs....

Excerpt: ...ica, Inc.'s (Keolis) Special Interrogatories, Set 1, Nos. 11, 19, 13, 31, 36, 37, 40, 41, 44, 65, 68 and 71. Additionally, Keolis requests sanctions against Plaintiff and Plaintiff's counsel, Steven C. Gambardella, in the amount of $1,800.00. RULING: The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY On 6/7/21, Plaintiff Phyllis R. Ginolfi, by and through her Conservator, Christin C. Solis (Plaintiff) filed this actio...

Excerpt: ...ed. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiffs Erickson Lavilla and Rose Ann Lavilla's (the Lavillas) purchase of real property commonly known as 29227 North Rio Lobo Way, Santa Clarita, California 91354 (the Property) from Defendant Forrest K. Balmain (Defendant). Defendant acquired title to the Property on or about 3/2/22 by way of Quitclaim Deed from Mark Balmain. (RJN, Ex.A). On or about 2/12/07, Defendant obta...

Excerpt: ...lied Warranty of Merchantability – Civil Code 1791.1, 1794, 1795.5 5. Fraudulent Inducement – Concealment 6. Negligent Repair RULING: The demurrer is sustained with 30 days leave to amend as to the 5 th cause of action and overruled as to the 6 th cause of action. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiffs Timothy McGinley and Chloe McGinley's (Plaintiffs) purchase of a 2021 Ford F-150 (the Vehicle) on 11/19/21...

Excerpt: ...awarding the Gallegos the entirety of the $12,500 in bond proceeds previously deposited with the Court on 12/15/21. RULING: The motion is granted. SUMMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of claims made on a bond issued by Plaintiff Accredited Surety and Casualty Company (Plaintiff) to Defendants Ava Inc. dba Reliable Roofing and Vahe Gevorkovich Kalashyan (collectively, the Ava Defendants). On 1/9/20, Plaintiff filed this ac...

Excerpt: ...leave to amend as to the 1 st cause of action and without leave to amend as to the 2 nd cause of action. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of services Plaintiff Clean Initiative LLC (Plaintiff) performed for Defendant California Automobile Insurance Company's (Defendant) insured Aaron Gbewonyo (Policy Holder). Plaintiff is in the business of providing inspection and, where necessary, repairs to the roofs of real propert...

Excerpt: ...verse inference jury instructions pursuant to Evidence Code 413 against Defendants Mercedes-Benz of Valencia, Trophy Automotive Dealer Group, LLC and Second Motor Group of Valencia, LLC. RULING: The motion is denied, in part, and granted, in part, as set forth below. FACTUAL SUMMARY & PROCEDURAL HISTORY This action arises out of Plaintiff Anthony Joseph Lazzara, Jr.'s (Plaintiff) employment and termination thereof, on 4/13/21, with Defendant Seco...

Excerpt: ...TS & PROCEDURAL HISTORY This action arises out of Plaintiff Derek Ballot's (Plaintiff) tenancy at the residential property located at 23142 Strathern Street, Canoga Park, California 91304. Plaintiff alleges that the property owners and property manager retaliated against him by trying to evict him for requesting remediation of habitability issues at the property. On 9/25/23, Plaintiff filed this action against RFT Investments, LLC (RFT); Rick Rou...

Excerpt: .... SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of motor vehicle accident that occurred on 8/12/22. Plaintiffs Ka Hyun Kim, Hazel Kim and Iris Kim (Plaintiffs) allege that Defendant Jose Servin, Jr. (Servin) operated the vehicle involved in the accident and that the vehicle was owed by Defendants Jesus Avila and Estela Avila (the Avilas). On 10/12/23, Plaintiffs filed this action against Servin and the Avilas (collectively, Defenda...

Excerpt: ...he motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a dispute between neighbors, Plaintiffs Alex Alvarado and Patricia Alvarado (collectively, Plaintiffs) and Defendants Michael Meadows and Althea Meadows (collectively, the Meadows). On 10/22/20, Plaintiffs filed this action against Defendant Ridgeview Saugus Homeowners Association (the HOA) and the Meadows for: (1) Breach of Governing Document...

Excerpt: ... alleges causes of action for Negligent Hiring, Supervision and Retention of Unfit Employee (3 rd cause of action), Breach of Mandatory Duty: Failure to Report Suspected Child Abuse (4th cause of action), Negligent Supervision of a Minor (5 th cause of action), and Negligent Failure to Warn, Train or Educate (6 th cause of action) against the District. RULING: The motion is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises from all...

Excerpt: ...ce and subsequent mailing on 12/26/22, with Plaintiff Lucy Holdings, LLC's (Plaintiff) Second Amended Complaint. As such, a responsive pleading was due on or around 2/4/23. CCP 414.20 (service was complete 10 days after mailing). On 3/7/23, default was entered against Broederlow. On 3/9/23, Broederlow's then counsel contacted Plaintiff's counsel requesting that Plaintiff stipulate to setting aside the default because he had mistakenly missed the ...

Excerpt: ... Carin Tikidijan's (Plaintiffs) purchase of a used 2018 BMW X5 (the Vehicle) on 11/6/20 from non-party Valencia BMW pursuant to a “BMW Financial Services NA, LLC Motor Vehicle Retail Installment Contract - California)” (the Contract) which contains an arbitration clause. (Grener Decl., Ex.A, §19). Plaintiffs allege that the Vehicle was/is defective and Defendant BMW of North America, LLC (Defendant) has breached the express and implied warra...

Excerpt: ... Documents, Set 1, Nos. 1, 3, 12, 15, 17, 19, 31, 36, 39, 43, 45, 46, 56, 57, 58, 68, 69, 73, 76, 77, 78, 79, 80, 82 and 83. RULING: The motion is granted. Further responses are due within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiffs Taylor Peacock and Austen Smith's (Plaintiffs) ownership of a 2020 Ford Expedition (the Vehicle) which was manufactured by Defendant Ford Motor Company (Ford). Plaintiffs allege...

Excerpt: ...on on 1/23/24. RULING: The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY On 6/7/21, Plaintiff Phyllis R. Ginolfi, by and through her Conservator, Christin C. Solis (Plaintiff) filed this action against Right Choice In-Home Care, Inc. (Right Choice) and HDL, Inc. dba Pacoima Adult Day Care erroneously sued and served as GMA Management Group, Inc. dba Pacoima Adult Day Care (HDL) for dependent adult/elder abuse and neg...

Excerpt: ...granted as to the 1 st cause of action for Fraud and 3 rd cause of action for Quantum Meruit and is otherwise denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of an agreement between Defendant 024 Management Services, Inc. (024 Management), Defendant JW Brands LLC (JW Brands) and Plaintiffs Chris Lacroix (Lacroix) and Martin Willerford (Willerford) (collectively, Plaintiffs). (Complaint, Ex.A). Plaintiffs allege that in or abo...

Excerpt: ...ng 3. Fraud RELIEF REQUESTED IN MOTION TO STRIKE: An order striking certain portions of the complaint. Specifically, Defendants seek to strike the words “his wife, and 4 young children” on page 4, lines 9-10 and the entirety of the “Factual Allegations” beginning at page 4, line 12 with the words “Shortly after he began . . . .” through page 9, line 11 ending with the words “several screen shots of it.” RULING: The demurrer is sus...

Excerpt: ...cements of the following common area and exclusive-use common area components: 1. Leaking windows. 2. Water seepage through the exterior wall and foundation of the Unit 594 garage. 3. The Unit 594 balcony. 4. Roof drainage. 5. Unit 594 roof framing and drywall at the garage ceiling and walls which have been damaged by water intrusion caused by broken common area pipe, rodents, and deterioration from lack of maintenance. 6. Removal of rodents, dea...

Excerpt: ...uing By Her Guardian Ad Litem, Rosa L. Munguia Rodriguez); and Sonic Martinez (Suing By Her Guardian Ad Litem, Rosa L. Munguia Rodriguez) NOTICE: ok Demurrer is to the entire First Amended Complaint: 1. Violation of Civil Code 1942.4 2. Tortious Breach of the Warranty of Habitability 3. Private Nuisance 4. Business & Professions Code 17200, et seq. 5. Negligence RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions in the compl...

Excerpt: ...tt dba Hewitt Construction's complaint. Alternatively, the Diamenti Defendants seek an order granting summary adjudication as to each of the eight causes of action in Plaintiff's complaint and Plaintiff's request for punitive damages. RULING: The motion is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of defendants', including Nicholas Wayne Diamenti, an individual and dba NDI Insurance Agency; Leigh Alexander Diamenti, an ...

Excerpt: ...CEDURAL HISTORY This action arose out of a dispute between a sister, Plaintiff Tamar Hagopian (Plaintiff), and brother, Defendant Raffi Hagopian (Defendant) regarding certain real property. Plaintiff claimed that in 2016 she and Defendant entered an oral agreement whereby Defendant would acquire the house Plaintiff had been living in with her family from Plaintiff's husband whom she was divorcing because Plaintiff could not qualify for a mortgage...

Excerpt: ...aring on this motion. Additionally, Plaintiff requests sanctions in the amount of $2,954.25 against Mission Hills and its counsel of record, Brian Yasuzawa and Logan Hensley of Rosewaldorf LLP. RULING: The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Elias Habib's (Plaintiff) lease of a 2020 Hyundai Ioniq. Plaintiff contends that Defendant Mission Hills Hyundai (Mission Hills) was...