Excerpt: ...E: An order striking paragraph 6 in the Cross-Complaint. RULING: The demurrer is sustained with 15 days leave to amend. The motion to strike is granted without leave to amend. 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 ...

Excerpt: ...Tenant Lease – Net (“Lease”) with Defendants Koby B. Hair Salon, Inc. and Zohra Ismail. Plaintiff alleges that Defendants failed to pay rent and damaged the rented premises. The amount of rent due is $123,050 and the amount of damages and repairs is $27,319.50. Plaintiff alleges that Ismail personally guaranteed the obligations of Koby B Hair Salon. The complaint, filed July 17, 2023, alleges causes of action for: (1) breach of contract; an...

Excerpt: ...'s Request for Prior Pleadings and Discovery. Additionally, Keolis requests sanctions against Plaintiff and/or Plaintiff's attorney of record, Law Offices of Steven C. Gambardella, in the amount of $860.00. RULING: The motion is denied. 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. and GMA Manage...

Excerpt: ... th, 9 th, 10 th, 11 th, and 12 th causes of action: 1. Breach of Written Contract 2. Breach of Fiduciary Duty 3. Breach of Fiduciary Duty (Derivative) 4. Breach of Oral Contract 5. Fraud – Intentional Misrepresentation 6. Embezzlement 7. Quantum Meruit 8. Accounting 9. Violation of Business & Professions Code 17200 10. Fraud – Intentional Misrepresentation* 11. Breach of Oral Contract* 12. Common Counts* *The 10 th, 11 th and 12 th causes of...

Excerpt: ... from an incident that occurred on 7/25/22 where Plaintiff Nick Montoya (Plaintiff) crashed into a dried tree branch while riding his scooter on a bike path and suffered injuries as a result. Plaintiff contends that the bike path is under the care and maintenance of the Defendant Los Angeles County Metropolitan Transportation Authority (Defendant). Plaintiff further contends that Defendant failed to properly maintain and trim dried branches in or...

Excerpt: ...d allowable attorney fees. The application seeks to attach any property of Team House. Alternatively, Plaintiffs request a temporary protective order barring the transfer or encumbrance of the Property.* *The memorandum of points and authorities filed in support of the application indicates that alternatively, SCREM seeks a temporary protective order. (See SCREM's Ps&As, p.10:1‐19). However, the application fails to indicate that a temporary pr...

Excerpt: ... The demurrer is overruled. Answer is due within 30 days. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of payments made by Plaintiff Southwest Marine and General Insurance Company (Plaintiff) as surety on a Customs Bond issued by Plaintiff on behalf of Defendant Fortune Energy, Inc. On 2/1/23, Plaintiff filed this action against Defendant Fortune Energy, Inc. and Defendants Fortune Energy Distribution, Inc.; Fortune Energy Distrib...

Excerpt: ...imated allowable attorney fees. The application seeks to attach any property of Cornerstone. Alternatively, Plaintiffs request a temporary protective order barring the transfer or encumbrance of the Property.* *The memorandum of points and authorities filed in support of the application indicates that alternatively, SCREM seeks a temporary protective order. (See SCREM's Ps&As, p.10:1‐19). However, the application fails to indicate that a tempor...

Excerpt: ...rez RESPONDING PARTY: Respondents County of Los Angeles and Kevin Alvarado RELIEF REQUESTED: An order granting Petitioners relief from the Government Claim Filing Requirements of Government Code 945.4. RULING: The petition is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY Petitioners' Angelina Bawaan, by and through her Guardian Ad Litem, Maria Cruz Perez; David Bawaan, Jr., by and through his Guardian Ad Litem, Maria Cruz Perez; Isaac Bawaan, by...

Excerpt: ...The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of an alleged 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). Plaintiffs allege that in or about 2020, Plaintiffs and Defendants entered a written agreement whereby Defendants hired Plaintiffs to oper...

Excerpt: ...egligent Infliction of Emotional Distress 6. Violation of Bane Act (Civil Code 52.1) 7. Private Nuisance RULING: The demurrer is overruled, in part, and sustained with 30 days leave to amend, in part. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Peter Farkas' (Plaintiff) rental of the recreational room (Room) at an RV park owned by Defendants Stewart Silver (Silver) and Oceans 11 RV Park, LLC dba Cali Lake RV Resort (...

Excerpt: ...itionally, Defendant requests sanctions against Yessica and/or her counsel of record, including Albert Elmassian and Mendez & Sanchez, A.P.C., in the amount of $2,935.00; (2) An order compelling Plaintiff Joseph Gutierrez to provide responses to Defendant Danny's Crane Inc.'s Form Interrogatories, Set 1. Additionally, Defendant requests sanctions against Joseph and/or his counsel of record, including Albert Elmassian and Mendez & Sanchez, A.P.C.,...

Excerpt: ...eafter commensurate with the availability of the Court; (2) continuing the Final Status Conference to 10/11/24 (or to a date satisfactory to the Court close to the requested date); (3) deeming the continued trial date to be the “initial trial date” for purposes of establishing discovery and expert-related cutoffs such that all discovery and expert-related cutoffs would occur in the context of the continued trial date; and (4) continuing the M...

Excerpt: ...1) 4. Intentional Infliction of Emotional Distress (Violation of Vehicle Code 20001 – Hit‐and‐ Run) 5. Malice and Oppression RELIEF REQUESTED IN MOTION TO STRIKE: On order striking certain portions of Plaintiffs' complaint regarding punitive damages and the 3 rd, 4 th and 5 th causes of action. RULING: The demurrer is sustained, without leave to amend, in part, and with leave to amend, in part. The motion to strike is moot, in part, granted...

Excerpt: ...overruled as to the 1 st cause of action and sustained with 30 days leave to amend as to the 2 nd cause of action. SUMMARY OF FACTS & PROCEDURAL HISTORY Plaintiffs Michellyn Russel (Michellyn) and Joseph Angulo (Joseph) filed this action on behalf of themselves and their son Plaintiff William Angulo (William) (collectively, Plaintiffs) against several medical providers, including Defendant Janet Schori, M.D. (Dr. Schori), for professional/medical...

Excerpt: ...t (ATPMA082728-01). RULING: The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a motor vehicle collision that occurred on 3/6/21 between a vehicle driven by Decedent Eileen Morales (Decedent) and a vehicle driven by Defendant Joshua John Dumas (Dumas). Decedent died as a result of injuries sustained in the collision. On 3/8/22, criminal charges for vehicular manslaughter were filed in Los Angeles County against...

Excerpt: ...ity 5. Fraudulent Inducement – Concealment 6. Negligent Repair 7. Violation of Consumer Legal Remedies Act (Civil Code 1750, et seq.) RULING: The demurrer is sustained without leave to amend. 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 tha...

Excerpt: ...1, Nos. 12.1, 12.2, 12.3, 12.4, 15.1, 16.1, 16.2, 16.3, 16.6 and 17.1 as to Requests for Admissions Nos. 4, 5 and 14- 53. Additionally, Plaintiff Steffanie Stelnick requests an award of sanctions against SCPMC and its attorney in the amount of $5,828.25. RULING: The motion is granted, in part, and moot or denied, in part, as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiffs Steffanie Stelnick, Todd Stelni...

Excerpt: ... granted, in part, and denied, in part. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Defendants Jonathan Berdeguer (Berdeguer) and Jennie Buchelly's (Buchelly) (collectively, Defendants) tenancy at premises owned by Plaintiff Larry Tran (Plaintiff). On 8/24/22, Plaintiff filed this action against Defendants for breach of contract and common counts. On 10/11/22, Buchelly was personally served with the summons and complaint. (See...

Excerpt: ...nt in the amount of $2,922.22 or any other amount the Court deems just. RULING: The motion is granted as set forth below. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Marcos Frias Solis' (Plaintiff) purchase of a 2019 Chevrolet Silverado (the Vehicle) on 6/2/19. Plaintiff contends he has presented the Vehicle to Defendant General Motors LLC's (Defendant) authorized facilities on multiple occasions for repair of defect...

Excerpt: ...d cause of action for disgorgement. RULING: The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Hamid Siddiqi's (Plaintiff) claim that Defendant Nick Kazemi dba K Construction (Kazemi) breached a home improvement contract. Plaintiff contends that Kazemi agreed to perform construction work relating to an existing retaining wall and to construct a swimming pool at Plaintiff's residence for a total contra...

Excerpt: ...DURAL HISTORY Plaintiff Douglas Rewers (Plaintiff) alleges that prior to 7/31/19, he and Defendants David Rewers and Munna Mansoor/Monsour (Monsour) were partners in Defendant Precise Die and Finishing, Inc. (PDF). (Complaint ¶4). Plaintiff alleges that on 7/31/19, David and PDF, on the one hand, and Plaintiff, on the other hand, entered a written contract whereby David agreed to purchase the ownership interest of Plaintiff in PDF for $140,000. ...

Excerpt: ...d. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of Plaintiff Martha Villezcas' (Plaintiff) purchase of a used 2020 Nissan Versa on 5/10/22 (the Vehicle) pursuant to a “Retail Installment Sales Contract – Simple Finance Charge (With Arbitration Provision)” (the Contract/RISC) Plaintiff entered with Nissan of Mission Hills. (Complaint ¶7). The RISC was for the sale of a warranted vehicle. Id. Plaintiff contends that the Vehic...

Excerpt: ...ants), Plaintiff Raul Cabrera and Samuel F. Rose Properties, LLC was made in good faith pursuant to CCP 877 and CCP 877.6. The Rose Defendants request an order that any pending and future claims for equitable contribution, or total, partial, and comparative indemnity against the Rose Defendants based on comparative negligence or comparative fault be dismissed and forever barred pursuant to CCP 877.6(a)(1) and CRC 3.1202, et seq. RULING: The motio...

Excerpt: ...ance and/or perform any and all actions necessary to assess, investigate, remove, remediate, monitor, treat, or cleanup the resulting damages from the nuisance. RULING: The request for a preliminary injunction is denied. SUMMARY OF FACTS & PROCEDURAL HISTORY This action arises out of a dispute between neighboring residential landowners/occupiers. Plaintiffs Anderson Boyce and Rosie Boyce (collectively, Plaintiffs) own and occupy real property loc...