Excerpt: ...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 matters being placed off calendar, matters being continued so documents can be resubmitted in complia...

Excerpt: ...plaint: 1. Wrongful Death 2. Survivor's Action 3. Negligence 4. Negligent Infliction of Emotional Distress RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the First Amended Complaint, or in the alternative, striking allegations regarding and the prayer for punitive damages contained in the First Amended Complaint. Specifically, Professional Security Consultants seeks to strike ¶¶61, 67 and 75 and Prayer No.9 in the First Amended Complai...

Excerpt: ...inst Plaintiff and Plaintiff's counsel in the amount of $9,060.00. RULING: This defamation action arises from an interview Defendant did with Katie Couric wherein he stated he had to restrain Plaintiff because she was on drugs. By way of the instant motion, Defendant seeks further responses to certain Requests for Admissions and Form Interrogatories served on 9/20/18 to which Plaintiff served responses on 12/21/18. Pursuant to the declaration of ...

Excerpt: ...k RELIEF REQUESTED: Orders granting summary judgment or, in the alternative, summary adjudication in favor of Defendant and against Plaintiffs. RULING: The unopposed requests for summary judgment are granted. This is a wrongful death action which arises out of an accident involving Plaintiffs' adult daughter who allegedly fainted and fell off a train platform in front of a Metrolink train. Plaintiffs filed separate lawsuits; however, each alleges...

Excerpt: ... seeks an award of reasonable attorney's fees incurred in bringing the motion. RULING: The motion is denied. This action arises out the alleged breaches of a Consulting Agreement and Annual Cash Bonus and Transaction Bonus Plan entered into between Plaintiff and Defendant Pro Athletics, LLC by and through its owner and president, Defendant Christopher Serna. Plaintiff issued a subpoena to US Bank seeking: (1) a copy of all documents reflecting an...

Excerpt: ...TY: Plaintiffs James Douglas Wiese and James Paul Fox, as Trustees of the Fox Wiese 2011Trust dated April 13, 2011 RELIEF REQUESTED: An order striking the Second Amended Complaint (SAC) filed against Defendants as being a Strategic Lawsuit Against Public Participation pursuant to CCP 425.16 RULING: The joinder in the motion is granted. The motion is denied. Plaintiffs' Requests for Judicial Notice are granted. Defendants' objections to Plaintiffs...

Excerpt: ... and Nick Lopez NOTICE: ok Demurrer is to the entire First Amended Complaint: 1. Wrongful Death 2. Survivor's Action 3. Negligence 4. Negligent Infliction of Emotional Distress RELIEF REQUESTED IN MOTION TO STRIKE: An order striking certain allegations and the prayer for punitive damages contained in the First Amended Complaint. Specifically, Food 4 Less seeks to strike ¶29, p.6:1-7; ¶31, p.6:12-15; ¶32, p.6:16-19; ¶39, p.7:13-18; ¶61, p.10:...

Excerpt: ... as listed in the caption of the Corrected First Amended Complaint. The body of the Corrected First Amended Complaint contains a 1 st cause of action for Breach of Contract and 3 rd cause of action for Fraud by Omission with no 2 nd cause of action. RULING: The demurrer is overruled as to the breach of contract cause of action and sustained without leave to amend as to the fraud by omission cause of action. To the extent necessary, the demurrer t...

Excerpt: ...Breach of Contract 4. Resulting Trust 5. Constructive Trust 6. Quiet Title 7. Conversion 8. Conspiracy 9. Intentional Interference With Contract 10. Intentional Interference With Prospective Economic Advantage 11. Accounting 12. Declaratory Relief RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding and prayers for punitive damages in relation to the 9 th and 10 th causes of action. RULING: The demurrer to the 9 th cause ...

Excerpt: ...fs' Request for Production and Inspection of Documents and Things, Set No.1 (Demand Nos. 2, 3, 38-48 and 51-63) served on 9/18/19; Set No.2 (Demands Nos. 3 and 6) served on 10/23/19; and Set No.3 (Demand Nos. 1 and 4-48) served on 1/27/20. RULING: The motion is granted, in part, and denied, in part, as set forth below. Both Plaintiff's and Defendant's requests for sanctions are denied. This action arises out of Plaintiffs' claims that they are th...

Excerpt: ...MOTION TO STRIKE: An order striking portions of the Second Amended Complaint relating to punitive and exemplary damages and attorney's fees. RULING: The demurrer to the 1 st cause of action is overruled. The demurrer to the 2 nd cause of action is sustained without leave to amend. The motion to strike is granted without leave to amend as to the prayers for punitive damages and attorney's fees in relation to the 1 st cause of action and is otherwi...

Excerpt: ...f Contract 9. Negligence 10. Breach of Fiduciary Duty 11. Equitable Indemnity 12. Contribution RULING: The demurrer is sustained with 40 days leave to amend. Marina Clark's Request for Judicial Notice is granted. This action arises out of Plaintiff Samir A. Prapaniku's alleged failure to be repaid money Plaintiff lent to Defendant Sasha Shev for a real estate investment. In April of 2018, Plaintiff lent Shev $150,000.00 in exchange for Shev's pro...

Excerpt: ...ourt declines to enforce the Settlement Agreement, Bankers Life requests that the Court order Plaintiff to return Bankers Life's settlement funds, with interest. RULING: Bankers Life and Casualty Company's request for an order and judgment enforcing the terms of the parties' Release and Settlement Agreement is denied. The alternative request for an order requiring Plaintiff to return Bankers Life's settlement funds, with interest, is granted, in ...

Excerpt: ...on. RULING: The motion is placed off calendar as moot. This action arises out of the termination of Defendant Natasha Madarian's employment with Plaintiff and her alleged failure and refusal to return a company laptop which contained confidential information. Plaintiff alleges the other Defendants are also using the laptop without authorization. Plaintiff also alleges that Defendants have breached an oral loan agreement. Plaintiff's complaint con...

Excerpt: ...sian. Alternatively, Defendant seeks summary adjudication of Plaintiffs' 1 st cause of action for breach of contract, 2 nd cause of action for breach of the implied covenant of good faith and fair dealing and claim for punitive damages. RULING: The request for summary judgment is denied. The alternative request for summary adjudication is granted, in part, and denied, in part. Summary adjudication of the 1 st cause of action for breach of contrac...

Excerpt: ...fendants Helms- Howard, Inc. dba Shelter Isle Mobile Estates, Bradley D. Howard and Cynthia D. Howard (collectively Defendants) on Plaintiffs Shelter Isle Residents Association, Yolanda Villalobos, Miguel Gonzalez, Eleanor A. Peralta and Robert Peralta's (collectively, Plaintiffs) Complaint. Alternatively, Defendants request summary adjudication of the following issues: Issue 1: There are no triable issues of material facts as to the first cause ...

Excerpt: ...ain real property (17344 Signature Drive, Granada Hills, CA 91344, APN# 2606-014-046 and 11150 Sepulveda Blvd., Los Angeles, CA 94521, APN# 2664-007-017) in which John Akhoian and Tamar Akhoian have a right, title and interest. In Focus contends that transfers of the foregoing properties constitute fraudulent conveyances. RULING: The application is denied. In Focus Advertising, Inc.'s Request for Judicial Notice (RJN) is granted. In Focus Adverti...

Excerpt: ...d Cross-Complaint, in favor of Bankers Life and Casualty Company and against Hamidreza Ghasemi. RULING: The motion is denied in its entirety. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When efiling 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 Orde...

Excerpt: ...l be continued. This action arose out of Plaintiff's purchase of a 13-year old horse (RJ) for $5,000 from Defendant. Plaintiff's First Amended Complaint contained causes of action for: (1) breach of contract, (2) fraud, (3) negligence and (4) breach of implied warranty of fitness for a particular purpose. On 2/8/17, the court granted summary adjudication in favor of Defendant on Plaintiff's first cause of action for breach of contract, third caus...

Excerpt: ... California. RULING: The motion/petition is denied. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When efiling 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 t...

Excerpt: ...owledgment of Satisfaction of Judgment. Alternatively, Brown seeks an order compelling the court clerk to enter satisfaction of judgment in this matter. Additionally, Brown seeks an award of attorney's fees incurred in filing the instant motion and any other damages as may be proved to the court. 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. When e...

Excerpt: ...h of Statutory Duty in Plaintiff's First Amended Complaint. RULING: The motion is denied. This action arises out of Plaintiff's alleged failure to be repaid money Plaintiff lent to Defendant Sasha Shev for a real estate investment. In April of 2018, Plaintiff lent Shev $150,000.00 in exchange for Shev's promise to pay Plaintiff $180,000.00 with 10% interest. (FAC ¶6). The escrow division of Defendant San Fernando Realty was the escrow holder wit...

Excerpt: ...The motion is denied. This is an action by the owner of a condominium unit against the homeowners' association, the association's counsel, and others. On 3/19/19, Plaintiff filed his original Complaint for: (1) breach of governing documents, (2) breach of fiduciary duty, (3) breach of written contract, (4) RICO, (5) discrimination in violation of FEHA and Unruh Civil Rights Act, (6) unfair debt collection practice, (7) conspiracy to defraud, (8) ...

Excerpt: ...ulos and Rula Eliopulos and Milgard and Avalon Door and Window, Inc. has been made in good faith within the meaning of CCP 877 and CCP 877.6 and barring all claims against Milgard and Avalon for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault, including implied contractual indemnity pursuant to CCP 877(c). RULING: The motion is granted. The parties are reminded to revie...

Excerpt: ..., asking for: (1) any profits the defendant has gained by virtue of the wrongful conduct of the nature and type shown by the evidence; and (2) the financial condition of the defendant. Such documents include: complete federal and state tax returns, financial statements (i.e., income, profit and loss, sources and uses, balance sheet and asset lists); bank accounts (i.e., checking, savings, equity, with account numbers, name of the banking institut...