Excerpt: ...ty located at 20516 Shelley Lane Porter Ranch, California, 91326 (the Property); (2) Directing Defendants to cancel any pending transaction in which any interest in the Property is to be transferred, sold, encumbered, or hypothecated; and (3) Directing Defendants to rescind any pending transaction in which any interest in the Property is to be transferred, sold, encumbered, or hypothecated. RULING: The request for preliminary injunction will be g...

Excerpt: ... Admissions, Set 5, numbers 304-321. Additionally, Plaintiffs request sanctions against Defendant and/or her attorneys of record, Ford, Walker, Haggerty & Behar in the amount of $1,161.65. RULINGS: The motion is granted. Further responses are due and sanctions are payable within 30 days. This action arises out of a motor vehicle collision that occurred on the southbound Antelope Valley Freeway State Route 14 on 1/31/19. The vehicle driven by Defe...

Excerpt: ...riginal judgment entered on 7/7/06 against Defendants/Judgment Debtors William Vargas dba J.V.M. Insurance Agent; Juan C. Vargas and Miriam Murillo. RULING: The motion is denied without prejudice. On 2/10/05, Plaintiff Transnation Title Insurance Company (Plaintiff) filed its complaint against Defendants William Vargas dba J.V.M. Insurance Agent; Miriam S. Murillo and Juan C. Vargas (collectively, Defendants) for: (1) Breach of Contract, (2) Unju...

Excerpt: ...ss-Defendant Hill Phoenix, Inc.'s (Hill Phoenix) Requests for Admissions, Set 1, numbers 6, 7, 8, 12, 15, 16, 18 and 19. Additionally, Hill Phoenix requests sanctions against Costco and its counsel of record, Murchison & Cumming, LLP, in the amount of $2,750.00. RULING: The motion is granted. Further responses are due and sanctions are payable within 30 days. This action arises out of a slip and fall incident that occurred on 6/18/18 at the Costc...

Excerpt: ...ie Willis. RULING: The motion is denied. This action arises out of the care and treatment provided to Defendant Hubert Willis by Plaintiff 22125 Roscoe Corp. dba Topanga Terrace Rehabilitation and Subacute (Plaintiff). Plaintiff alleges that on or about December 4, 2020, Hubert Willis was admitted to Plaintiff's skilled nursing facility. (Complaint ¶6). In connection with the admission, Plaintiff alleges that Bobbie Willis, Hubert Willis' wife, ...

Excerpt: ...tiff) claim that Defendants Arminak Solutions dba KBL Cosmetics (Arminak) and Apackaging Group, LLC (Apackaging) (collectively, Defendants) failed to pay for certain goods. As a result, on 2/17/21, Plaintiff filed this action against Defendants for breach of oral contract (1 st – 3 rd causes of action) and common counts (4 th – 7 th causes of action). On 6/4/21, Defendants filed an answer to the complaint. On that same date Arminak filed a cr...

Excerpt: ... and returning all funds taken as a result of such orders. RULING: The motion is denied. These are two consolidated actions, the “Mirshojae Case” (LC015208) and the “Reghabi Case” (LC106904). In the Mirshojae Case, Hamid Reza Mirshojae (Hamid) sued Khosro Reghabi aka Ross K. Reghabi dba Southern California Law Group (Reghabi) for malpractice, intentional misrepresentation and breach of fiduciary duty. In the Reghabi Case, Reghabi sued Ham...

Excerpt: ...reached several agreements to repay loans made to her over the course of many years. Plaintiff claims that Defendant used undue influence and duress to obtain the loans from Plaintiff. Additionally, Plaintiff claims that Defendant and others converted personal property belonging to Plaintiff. Further, Plaintiff claims that Defendant's conduct has caused her emotional distress. On 8/25/21, Plaintiff filed this action against Defendant for: (1) Bre...

Excerpt: ...nce Health System – Southern California dba Providence Holy Cross Medical Center (Defendant) to provide further verified responses to Plaintiff's Requests for Identification and Production of Documents, Set 1, numbers 1-30 and 32-36*, within 10 days of this hearing. Additionally, Plaintiff requests sanctions in the amount of $4,560.00 against Defendant and its attorneys of record, Carrol, Kelly, Trotter & Franzen, jointly and severally and paya...

Excerpt: ...fault Judgment against Defendant ROI Motor Sport Collision Center (ROI). (See Jeevaprakash Decl. ¶2, Ex.A). Despite being registered as a corporation, as indicated on the California Secretary of State website, ROI is named as “ROI Motor Sport Collision Center,” without an entity indicator such as “Inc.” or “Corp.” (Id. ¶7, Ex.H). On 5/12/22, counsel for Plaintiff Wells Fargo Bank, N.A. (Plaintiff) filed a Writ of Execution with the ...

Excerpt: ...roceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial (CCP § 657(1)); (2) Excessive or inadequate damages (CCP § 657(5)); (3) Insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law (CCP § 657(6)); (4) Error in law, occurring at the trial and excepted to by the party making the ...

Excerpt: ...ith 60 days leave to amend. This is an insurance subrogation action. Plaintiff Farmers Insurance Exchange (Plaintiff) alleges that it, “its subsidiaries, affiliates, and/or parent companies, duly organized and existing under and by virtue of the laws of the State of California and authorized to do business in the State of California as an insurer” issued an insurance policy to the owner of Owensmouth Business Park (Owner) which was in effect ...

Excerpt: ... Vaping360 GMBH's Requests for Admissions, Set 1, numbers 18, 20, 23, 25, 28 and 30. Additionally, Plaintiff requests sanctions against Defendant and/or its attorney of record in the amount of $1,935.00. RULING: The motion is granted. Further responses are due and sanctions are payable within 20 days. This action arises out of the alleged breach of a contract between Plaintiff VAPING360 GMBH (Plaintiff) and Defendant NEWHERE, INC. D/B/A CBDFX.COM...

Excerpt: ...quest sanctions against A Cleaner Pool, Inc. and Defendant Michael Meadows in the amount of $1,785.00. RULING: The motion is granted. 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, Defendants). One of the complaints against Defendants is that they are running a business out of their home in violation o...

Excerpt: ... judgment is granted. This action arises out of an incident that occurred on 6/22/20 at approximately 8:50 p.m. on San Francisquito Canyon Road in Santa Clarita, California. While on horseback and trying to cross San Francisquito Canyon Road, Plaintiff Brittany Domenick (Plaintiff) was struck by a vehicle driven by Defendant Frank M. Loya, who has already settled with Plaintiff. Plaintiff has sued Defendant County of Los Angeles (the County) clai...

Excerpt: ... Intentional Interference With Contractual Relations RULING: The demurrer to the 3 rd cause of action is overruled. Answer is due within 30 days. FACUAL SUMMARY & RELEVANT PROCEDURAL HISTORY This action arises out of a written Exclusive Equipment Agreement (the Agreement) entered into between Plaintiff Background Images LLC (Plaintiff) and Defendant Monolith Virtual Production LLC (MVP) pursuant to which Plaintiff, which owned and leased video di...

Excerpt: ...unt of $5,100.24. RULING: The motion is granted as set forth below. 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, Defendants). On 6/17/22, Plaintiffs noticed the depositions of Defendant Michael Meadows for 7/14/22 and Althea Meadows for 7/15/22. (Chimoures Decl. ¶2, Ex.1, 2). Each deposition notice ...

Excerpt: ... complaint. RULING: The motion is granted. This action arises out of a debt allegedly owed by Sarkis Khacherian aka Sargis Khacherian III (Defendant/Judgment Debtor). On 11/25/13, Plaintiff Asset Acquisition Group, LLC, as assignee of BMW Financial Services NA, LLC (Plaintiff) filed this action against Defendant for Breach of Vehicle Lease Contract, Account Stated, Quantum Meruit and Open Book Account. On 1/19/14, Plaintiff filed a proof of servi...

Excerpt: ...gatories, Set 1, and Special Interrogatories, Set 1. Additionally, Defendant requests sanctions against Plaintiff and/or Plaintiff's attorney of record in the amount of $1,580.00. RULING: The motion is denied. This action arises out of an alleged fall that occurred while Plaintiff Phyllis Ginolfi (Plaintiff) was a patient at Defendant's adult day care facility. Plaintiff alleges Defendant's negligence caused her fall and alleges injuries and dama...

Excerpt: ... unless Plaintiff consents to a reduction of the compensatory damages to an amount that the Court determines from the evidence to be fair and reasonable; and (2) Complete judgment notwithstanding the verdict or, in the alternative, for partial judgment notwithstanding the verdict. RULING: The motions are denied. This action arose out of a dispute as to whether a disability insurance policy purchased by Plaintiff/Cross-Defendant Hamidreza Ghasemi ...

Excerpt: ...ction, to Special Interrogatories, Set 1, numbers 1, 4, 5, 27, 28, 29, 30, 33, 34 and 35. Additionally, Cross-Complainant William Vilches dba Prestige Builders requests sanctions in the amount of $2,985.00 against Braa and its attorney, Areg Sarkissian, jointly and severally. RULING: The motion is granted as set forth below. Further responses are due and sanctions are payable within 30 days. This action arises out of an agreement allegedly entere...

Excerpt: ...tion is granted. FACTUAL SUMMARY & PROCEDURAL HISTORY This action arises out of a loan agreement for the purchase of real property located at 17230 Osborne Street in Northridge, California (the Property). Plaintiff Matthew Sanders (Plaintiff) and Defendant Jessica Sanders are married and are currently engaged in dissolution proceedings (LASC Case No. 20CHFL00167). Defendant Jan K. Tweed, individually and as Trustee of the J.K. Tweed Revocable Tru...

Excerpt: ...gence. Plaintiff alleges that defendants breached a settlement agreement between Plaintiff and former Defendant Julia Surtshin concerning the maintenance of trees on the property located at 17550 Prairie Street, Northridge, California (Prairie Property). Plaintiff owned—and on 4/16/18 sold—an adjacent property located at 9264 Shoshone Avenue, Northridge, California (Shoshone Property). Defendant Julia Surtshin sold the Prairie Property to Def...

Excerpt: ...der assuming jurisdiction over the unauthorized law practice of Peter Shah aka Peter Sharokhi and Pedram Sharokhi, doing business as (dba) Plaintiff Advocate Law Group, Top Notch Law Group, J & R Law Group, JR Law Group, Trillium Law Group, and Valley Accidents (collectively, Respondent), pursuant to Business and Professions Code 6126.3. RULING: The relief requested in the petition is granted. This petition arises out of the claim that Respondent...

Excerpt: ...or financial condition until after a verdict or court ruling finding any defendant guilty of malice, oppression or fraud in accordance with Civil Code 3294 and Civil Code 3295(d). RULING: The motion is granted. This is a real estate disclosure case. Plaintiff Andrew Dow (Plaintiff) is the purchaser and defendants are the real estate broker/agent and related businesses. The operative First Amended Complaint contains causes of action for: (1) Breac...

Excerpt: ...Fair Dealing 5. Race Discrimination 6. Failure to Prevent Race-Based Discrimination 7. Retaliation 8. Medical Disability Discrimination 9. Failure to Provide Reasonable Accommodation in Violation of FEHA 10. Intentional Infliction of Emotional Distress RULING: The demurrer as to the 8 th and 9 th causes of action is sustained with 30 days leave to amend. The demurrer as to the 10 th cause of action is overruled. This action arises out of Plaintif...

Excerpt: ...ING: The motion is granted. FACTUAL SUMMARY & PROCEDURAL HISTORY Defendants Golden Bolt, LLC; Golden Customer Care, LLC; Whole Body Research, LLC; One Two Cosmetics, LLC; City Beauty, LLC and Mark Clemens' (collectively, Defendants) Request for Judicial Notice (RJN) is granted. This action arises out of Plaintiff Maria Becerra's (Plaintiff) employment with Defendant Golden Bolt, LLC (Golden Bolt) from 3/20/17 until 7/16/20 as an hourly-paid, non-...

Excerpt: ...Cervantes SERVICE: Filed July 11, 2022 OPPOSITION: Filed November 2, 2022 REPLY: Filed November 8, 2022 RELIEF REQUESTED Defendant demurrers to Plaintiff's third cause of action for fraudulent inducement. BACKGROUND This case arises out of Plaintiffs Sandra Cervantes Soto and Dora Cervantes's (“Plaintiffs') lemon law claim. Plaintiffs allege that on April 11, 2021, they purchased a new 2020 Honda Pilot (“Subject Vehicle”). Plaintiffs allege...

Excerpt: ...laratory Relief (dismissed on 6/27/22 pursuant to Plaintiff's request) RULING: The demurrer is sustained with 20 days leave to amend. This action arises out of Plaintiff Juan Orozco's (Plaintiff) claim that Defendants William J. Schrey and Diana C. Schrey, as trustees of the Schrey Trust dated June 12, 2018 (Defendants) have breached an agreement to sell him real property located at 28213 Oak Spring Canyon Road, Canyon Country, California for $95...

Excerpt: ...nied. This action arises out of a dispute regarding the ownership of real property located at 15710 Larkspur Street, Sylmar, California. After confirming that Defendant Ashley Jauregui's (Ashley) availability to have her deposition taken on 6/23/22, on 6/8/22, Plaintiff Antonio Jauregui (Plaintiff), noticed Ashley's deposition for 6/23/22. (See Martinez Decl. ¶¶3-5, Ex.1-3). Plaintiff claims that on 6/21/22, Ashley's attorney informed Plaintiff...

Excerpt: ...unopposed demurrer is sustained without leave to amend. This action arises out of Plaintiff North American Machinery Movers, Inc.'s (Plaintiff) allegations that Defendants Sergio Maldonado and On the Road Insurance Services (Defendants), acting as insurance brokers for Plaintiff, failed to procure the proper insurance to cover a property damage claim, and that failure caused Plaintiff to sustain a loss of $45,000. (FAC ¶¶2, 7, 9). Plaintiff all...

Excerpt: ..., Set 1, numbers 1-3 and 17-18; Special Interrogatories, Set 1, numbers 1-3 and 24 and Requests for Production of Documents, Set 1, numbers 1, 28 and 30. RULING: The motion is granted. Further responses are due within 30 days. This action arises out of Plaintiff Emigdio Rodriguez's (Plaintiff) employment with some or all of the Defendants Starshield Security Services; Starship Security Services, Inc. and/or Shea Property Management Company, Inc. ...

Excerpt: ...nst State Farm) 3. Negligent Misrepresentation (against Neglia) 4. Violation of the Unruh Civil Rights Act (against State Farm) 5. Unfair Business Practices (against State Farm and Neglia) RULING: The demurrer is sustained with 20 days leave to amend. FACTUAL SUMMARY & PROCEDURAL HISTORY This action arises out of two insurance claims made by Plaintiffs Dennis Cho and Heather Cho (Plaintiffs) to Defendant State Farm (State Farm). One claim is for ...

Excerpt: ...h of contract/commercial lease. RULING: The motion is denied. This action arises out of an alleged breach of a commercial lease and guaranty of the lease. Plaintiffs Jeffrey Harris and Austin Harris, Co-Trustees of the Harris Family Trust (Plaintiffs) are the landlord and Defendant Extensions Plus (Extensions Plus) is the tenant and Defendant Helene Stahl (Stahl) is the guarantor (collectively, Defendants). Possession of the premises is not at is...

Excerpt: ...everally, in the amount of $9,750.00 pursuant to CCP 128.7 for the bad faith filing of the demurrer and motion to strike with regard to Cross-Complainant William Vilches dba Prestige Builders' cross-complaint. RULING: The motion is denied. Cross-Defendants Braa Holdings, LLC, Areg Aghayants and Armik Aghayants' request for sanctions is also denied. This action arises out of an agreement allegedly entered between Cross-Complainant William Vilches ...

Excerpt: ... order staying this action pending completion of arbitration proceedings. RULING: The motion is granted. This action arises out of a Serve American Express Prepaid Debit account opened by Plaintiff Brenda Young-Bryant (Plaintiff) on 7/25/15 with Defendant American Express Travel Related Services Company, Inc., erroneously sued as American Express Corp. (Defendant). (Kerr Decl. ¶4). By registering to use Defendant's prepaid debit card account ser...

Excerpt: ...n of Civil Code 2923.5 2. Violation of Civil Code 2924(a)(1) 3. Violation of Civil Code 2923.6(c) 4. Violation of Civil Code 2923.7 5. Violation of Civil Code 2924.9 6. Violation of Civil Code 2924.10 7. Unfair Business Practices – Violation of Business & Professions Code 17200, et seq. 8. Cancellation of Written Instruments – Civil Code 3412 RULING: The demurrer is sustained with 30 days leave to amend. FACTUAL SUMMARY & PROCEDURAL HISTORY T...

Excerpt: ..., in part, as set forth below. This action arises out of a dispute between a sister, Plaintiff Tamar Hagopian (Plaintiff), and brother, Defendant Raffi Hagopian (Defendant) regarding certain real property. Plaintiff claims 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...

Excerpt: ...nd severally in this case. Additionally, Plaintiffs request the dismissal of the Motion to Vacate Entry of Default and/or Judgment with prejudice. RULING: The motion is granted, in part, and denied, in part. This action arose out of a contract between Plaintiffs Charles Bacquet and Victoria Bacquet (Plaintiffs) and Defendant Robert Aleksanyan (Defendant) for the construction of a pool. Plaintiffs alleged that Defendant represented verbally and in...

Excerpt: ... Contract 2. Breach of Fiduciary Duty 3. Embezzlement 4. Aiding and Abetting Embezzlement 5. Breach of Written Contract 6. Conversion 7. Fraud – Intentional Misrepresentation 8. Accounting 9. Conspiracy to Commit Fraud 10. Breach of Oral Agreement 11. Common Count – Money Had and Received 12. Unjust Enrichment 13. Declaratory Relief RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions of the First Amended Complaint. RULING...

Excerpt: ... and their attorney. RULING: The motion is denied. Cross-Complainant's request for sanctions is also denied. This action arises out of an agreement allegedly entered between Cross-Complainant William Vilches dba Prestige Builders (Cross-Complainant) and Cross-Defendants Braa Holdings, LLC, Areg Aghayants and Armik Aghayants (Cross-Defendants) whereby Cross-Complainant was to construct a pool for Cross-Defendants. Both Cross-Complainant and Cross-...

Excerpt: ...21, Plaintiff Castaic Studios, LLC (Plaintiff) and Defendant Wonderland Studios, LLC (Defendant) entered a “License Agreement” (Agreement). (See Complaint, Ex.1). The Agreement provides that Defendant had “the non-possessory, but the exclusive right for the use” of certain “assigned” areas of the “Premises” described in paragraph 1 of the Complaint. (Complaint, Ex. 1, p.1¶4, p.2 ¶7). In exchange, Defendant agreed to pay certain ...

Excerpt: .... Intentional Misrepresentation 4. Negligent Misrepresentation 5. Professional Negligence 6. Negligence Per Se 7. Trespass to Chattel 8. Intentional Infliction of Emotional Distress RELIEF REQUESTED IN MOTION TO STRIKE: An order striking portions of Plaintiff's Second Amended Complaint relating to Plaintiff's claims for emotional distress and exemplary/punitive damages. RULING: The demurrer is overruled, in part, and sustained without leave to am...

Excerpt: .... Garoutte (Plaintiff) and Defendant Mary Annette Pickens (Defendant), Plaintiff's step-mother. Plaintiff alleges that in or around 1989, Plaintiff and his then partner, Duane Boyer, purchased and acquired title to real property commonly known as 22232 Wildwood Place, Chatsworth, California 91311 (the Property). (Complaint ¶5). On or about 9/5/06, Plaintiff acquired Boyer's right, title and interest in the Property. (Complaint ¶6). In or about ...

Excerpt: ...or an order determining the settlement between Impact Construction and Plaintiffs is in good faith pursuant to Code of Civil Procedure §§ 877 and 877.6(a)(2). RULING: The motion is denied. This action arises from an incident that occurred on July 13, 2016, at the Old Orchard Elementary School in Valencia, California within the Defendant Newhall Unified School District (“the District”). Plaintiffs Jose De Jesus Diaz Mata and Maria Del Rosari...

Excerpt: ...itionally, Defendant requests sanctions against Plaintiff in the amount of $1,761.00. RULING: The motion is granted as set forth below. Further responses are due and sanctions are payable within 20 days. This action arises out of Plaintiff Phyllis Ginolfi's (Plaintiff) claim that she was dropped or fell while she was a resident of Defendant Right Choice In-Home Care, Inc.'s (Defendant) facility. Plaintiff alleges Defendant's negligence caused her...

Excerpt: ... Foreclosure of Mechanic's Lien 4. Breach of Civil Code 1719 5. Fraud 6. Negligent Misrepresentation 7. Open Book Account RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions of the First Amended Cross-Complaint. RULING: The demurrer is sustained with 20 days leave to amend. The motion to strike is placed off calendar as moot. This action arises out of an agreement allegedly entered between Cross-Complainant William Vilches db...

Excerpt: ...e motion is denied. This action arises out of a dispute between Plaintiff Cross Creek Village Homeowners Association (Plaintiff) and one of its members, Defendant Alexander Cvetkovich (Defendant). On 12/15/17, Plaintiff filed this action against Defendant for: (1) Breach of Contract, (2) Breach of CC&Rs and Rules, (3) Nuisance and (4) Fraud. Just prior to trial, Plaintiff dismissed its nuisance and fraud causes of action. (See Statement of Decisi...

Excerpt: ...ndant Hubert Willis' private HIPAA protected medical information, including his medical diagnoses, care received and corresponding charges. RULING: The motion is granted as set forth below. On 11/17/21, Plaintiff 22125 Roscoe Corp. dba Topanga Terrace Rehabilitation and Subacute (Plaintiff) filed this action against Defendants Hubert Willis and Bobbie Willis (Defendants) for breach of contract and quantum meruit/unjust enrichment. On 12/17/21, De...

Excerpt: ...evidentiary sanctions under CCP 2023.030 against Defendant Lilian Yamileth Ramirez. Additionally, Plaintiffs request monetary sanctions in the amount of $7,061.65 against Defendant and/or her attorneys of record, Ford, Walker, Haggerty & Behar, for reasonable costs and attorney's fees incurred by Plaintiffs for bringing this motion. RULING: The motion is denied in its entirety as is Defendant's request for monetary sanctions. This action arises o...

Excerpt: ...ng that the case proceed as a bench trial on the grounds that Plaintiff waived his right to a jury trial pursuant to CCP 631(f)(5) and if not, to determine the phases of the trial including the equitable causes of action which are for the court to decide: 3 rd cause of action for breach of fiduciary duty and 5 th cause of action for unfair business practices pursuant to Business and Professions Code 17200 and 17203, et al. as well as alter ego li...

Excerpt: ...der is denied. The motion is granted with 30 days leave to amend. This action arises out of a dispute over property located at 28212 Kelly Johnson Parkway, Units 215 and 225, Santa Clarita, California 91355 (Property). Title to the property is vested in Plaintiff Lucy Holdings, LLC (Plaintiff). Defendant Krupe Industries, Inc. (Krupe) and Defendant Witkin and Associates, LLC (Witkin), the foreclosure trustee, were attempting to foreclose on a dee...

Excerpt: ...ed motorist arbitration of Plaintiff's uninsured motorist bodily injury claims, which are the subject of this action. Additionally, Defendant requests an order dismissing this action or, alternatively, staying the action until the completion of the uninsured motorist arbitration. RULING: The motion is granted as set forth below. Defendant's counsel is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civ...

Excerpt: ... th, 5 th, 6 th and/or 7 th causes of action in Plaintiff's complaint. RULING: The motion is denied in its entirety. FACTUAL SUMMARY & RELEVANT PROCEDURAL HISTORY This action arises out of Plaintiff Oscar Padilla dba Hacienda Concrete's (Plaintiff) claim that Defendant Daniel Salazar Construction (Defendant) failed to pay all sums due to Plaintiff under an oral subcontract agreement. On 4/30/21, Plaintiff filed this action for: (1) Breach of Cont...

Excerpt: ...ally NOTICE: ok Demurrer is to the entire First Amended Complaint: 1. Elder Abuse and Neglect (Welfare & Institutions Code 15600, et seq.) 2. Violation of Patient Rights (Health & Safety Code 1430(b) 3. Negligence 4. Wrongful Death RELIEF REQUESTED IN MOTION TO STRIKE: An order striking portions of Plaintiffs' First Amended Complaint, including claims for attorney's fees and punitive damages. Specifically, Defendants move to strike the following ...

Excerpt: ...s Trustee of the D&S Tuch Trust and Carol Lee Tuch as Trustee of the CLT Trust (Plaintiff) filed this commercial unlawful detainer action based on failure to pay rent against Defendant Saliya De Silva (Defendant). On 6/15/22, Defendant filed and served the instant demurrer to the complaint. Plaintiff has opposed the demurrer. No reply to the opposition has been filed by Defendant. Defendant's and Plaintiff's Requests for Judicial Notice (RJN) are...

Excerpt: ...bitration. 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. See also CRC 3.1110(f)(4). While it appears that Defend...

Excerpt: ...reach of Warranty of Habitability (Health & Safety Code 17920.3) 3. Breach of Warranty of Habitability (Civil Code 1942.4) 4. Negligence – Premises Liability 5. Nuisance 6. Intentional Infliction of Emotional Distress 7. Breach of Contract 8. Breach of Covenant of Quiet Enjoyment 9. Unfair Business Practices (Business & Professions Code 17200, et seq.) RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions of Plaintiffs' compl...

Excerpt: ...n order prohibiting Plaintiff Raul Perez from supporting the First Cause of Action for Quiet Title, the Second Cause of Action for Cancellation of Instruments, and the Fifth Cause of Action for Fraud of Plaintiff's Complaint and contesting the defenses of Defendant Enrique Perez; or, (2) an evidence sanction by an order prohibiting Plaintiff Raul Perez from introducing any evidence supporting the First Cause of Action for Quiet Title, the Second ...

Excerpt: ...d 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. See also CRC 3.1110(f)(4). Despite being warned of the foregoing requirements more than once, Plaintiff's counsel has ag...

Excerpt: ...rs 53, 54, 55, 56, 57 and 58. Specifically, Plaintiff requests that Defendant identify and/or describe the responsive documents in a privilege log within 25 days of the hearing on the motion. Additionally, Plaintiff requests sanctions in the amount of $2,870.00 against Defendant and its counsel of record James J. Kjar, Esq., Jason J. Peterson, Esq., and Robin Y. Solmayor, Esq., KJAR, McKENNA & STOCKALPER LLP, jointly and severally. RULING: The mo...

Excerpt: ... Ranch at the Falls LLC and April Hart. RULING: The motion is granted. This quiet title action arose out of the historical use by Plaintiffs/Cross-Defendants Ranch at the Falls LLC and April Hart (hereafter referred to as Plaintiffs) and their future need of access, ingress and egress to their property and the use of streets over and through the Indian Springs and Indian Oaks communities and the Lenope Property. After a bench trial, on 5/10/17, t...

Excerpt: ...that Maclay did not owe Plaintiff a legal duty to keep the City's property safe. RULING: The motion is denied. Defendant 1058 Maclay, LLC is 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 E...

Excerpt: ...A 91311. RULING: The motion is granted. The parties are, again, reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. (See 7/29/22 Minute Order, p.2). 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. See also CRC 3.1...

Excerpt: ...n is granted as set forth below. Defendant The Congregational Church of Chatsworth (Defendant Church) is a non-profit corporation. In this action, a subchapter of the Defendant Church's parent denomination, Plaintiff Southern California Nevada Conference United Church of Christ (Conference) along with Plaintiff The Congregational Church of Chatsworth (Plaintiff Church) (collectively, Plaintiffs) sued the Defendant Church and certain of its office...

Excerpt: ...sing prospective monetary sanctions on Defendant of $500 each day Defendant fails to fully comply following the expiration of the 10-day compliance period. RULING: The motion is denied. This action arises out of Plaintiffs Miguel Gonzalez Lopez and JuanJose Gonzalez's (Plaintiffs) claim that their 2019 Chevrolet Camaro, which was manufactured and distributed by Defendant General Motors, LLC (Defendant) suffers from defects, including the “Power...

Excerpt: ...alleged breach of the same being tried before Plaintiffs' claimed injuries and damages; (2) excluding from the liability phase of trial any references to the injuries and damages at issue; and (3) requiring all parties to instruct each witness to refrain from making any reference to Plaintiffs' claimed injuries or damages during the trial of the liability issues. RULING: The motion is denied. The parties are reminded to review the 5/3/19 First Am...

Excerpt: ... TO SEVER ACTION: An order severing the first, second, third, fourth, and fifth causes of action from the seventh cause of action and allowing Plaintiff to proceed with the seventh cause of action against Defendant Navigators. RELIEF REQUESTED IN MOTION FOR ENTRY OF JOINT AND SEVERAL JUDGMENT: An order entering joint and several judgment pursuant to written stipulation against Defendants RH Plumbing Solutions Inc. and Rafael Angel Hernandez. RULI...

Excerpt: ... notwithstanding the verdict in general. Presumably, for the Court to enter judgment against both sets of defendants for the full amount of damages pled ($83,000) pursuant to Code of Civil Procedure § 629. RULING: The motion is denied. On 8/21/18 Plaintiff filed this action for breach of contract and negligence. Plaintiff alleges that defendants breached a settlement agreement between Plaintiff and former Defendant Julia Surtshin (“Surtshin”...

Excerpt: ... Code of Civil Procedure §§ 877 and 877.6(a)(2). RULING: The motion is granted. This action arises from an incident that occurred on July 13, 2016, at the Old Orchard Elementary School in Valencia, California within the Defendant Newhall Unified School District (“the District”). Plaintiffs Jose De Jesus Diaz Mata and Maria Del Rosario Arroyo, collectively, (“Plaintiffs”) allege that Jose De Jesus Diaz Mata was in the process of dismantl...

Excerpt: ...er responses to Plaintiffs' Form Interrogatories, Set 4, number 17.1. Additionally, Plaintiffs request sanctions against Defendant and/or her attorneys of record, Ford, Walker, Haggerty & Behar in the amount of $1,111.65. RULINGS: The motion is granted. Further responses are due and sanctions are payable within 30 days. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filin...

Excerpt: ...iffs' Requests for Admissions, Set 3, numbers 83-86, 92, 94, 96, 98, 100, 102, 104, 105, 106, 107 and 108. Additionally, Plaintiffs request sanctions against Defendant and/or her attorneys of record, Ford, Walker, Haggerty & Behar in the amount of $1,111.65. RULINGS: The motion is granted. Further responses are due and sanctions are payable within 30 days. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Elec...

Excerpt: ...aintiff as the prevailing party in this civil lawsuit in the amount of $291,684.50 against Defendant, (3) awarding costs to Plaintiff as the prevailing party in this civil lawsuit in the amount of $28,922.86 against Defendant, and (4) amending the Judgment entered on May 13, 2022, to include the award of attorneys' fees and costs in the total amount of $320,607.36. RULING: The motion is granted, in part, and denied, in part, as set forth below. T...

Excerpt: ...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. See also CRC 3.1110(f)(4). Silicon Valley Bank has failed to bookmark the declaration and exhibits attached to the motion Failure to comply ...

Excerpt: ... Defendant Estuardo Lopez (Defendant) entered a verbal commercial lease agreement whereby Plaintiff leased a portion of Defendant's mechanic shop for $1,500.00/month. Plaintiff contends that on or about 4/7/20, Defendant asked Plaintiff to leave/terminate the tenancy. Plaintiff contends that on 5/7/20, Defendant locked him out of the premises and has refused his requests for access to the premises. On 6/12/20, Plaintiff filed this action for: (1)...

Excerpt: ...ant John Thomas, LLC's (Defendant) Special Interrogatories, Set 1, numbers 3-10, 12, 13, 15, 18, 21, 23, 24, 27-30 and 33-35. Additionally, Defendant requests sanctions against Plaintiff in the amount of $5,400.00. RULING: The motion is granted as set forth below. Further responses are due and sanctions are payable within 30 days. This action arises out of Plaintiff/Cross-Defendant Gloria Brown's (Plaintiff) claim that defendants, including Defen...

Excerpt: ...ories, Set 1, without objection, within 10 days. Additionally, Plaintiff requests sanctions against Defendant and his attorney of record in the amount of $2,812.50. RULING: The request to compel responses without objections is granted. Responses are due within 30 days. Sanctions are denied. This action arises out of Plaintiff Gloria Brown's (Plaintiff) claim that defendants, including Defendant David Garza (Garza), schemed to solicit and victimiz...

Excerpt: ...Inc. giving this Court jurisdiction to enforce their settlement agreement in accordance with the provisions of CCP 664.6. As part of that order, Plaintiffs contend they are entitled to payment by Defendant Robert Maron, Inc. of the sums currently owed under the settlement agreement in the amount of $1,119,639.47 as of June 2022 and payment of their attorney's fees, per post-judgment and motion costs per cost bill incurred by Plaintiffs in connect...

Excerpt: ... Suite A/B, San Fernando. Plaintiff alleges Defendant failed to pay the $14957 rent due for March 2022. Defendant answered on March 29, 2022. RULING: Granted. Plaintiff 816 Partners, LLC moves for summary judgment on the unlawful detainer action based on the failure to pay the rent due in March 2022. Plaintiff only seeks the right to immediate possession. At the time of the tentative ruling publication cutoff, the court showed no opposition filed...

Excerpt: ...s entity on October 1, 2021, and failed to pay Plaintiff his 50% share of the sale. Plaintiff states the value of the business at $1.5 million, though the amount of the sale remains unknown. On January 19, 2022, Plaintiff filed a complaint for Fraud and Breach of Contract. On March 24, 2022, the court sustained the demurrer to the complaint with 30 days leave to amend. On April 26, 2022, Plaintiff filed a first amended complaint for Fraud and Bre...

Excerpt: ...es, Inc. for the installation of solar panels on Plaintiff's real property located at 16745 Osborne Street, Northridge, California 91343. Plaintiff's operative Second Amended Complaint contains causes of action for: (1) Breach of Contract against Cali One Services, Inc. and Does 1-100, (2) Negligence against Cali One Services, Inc., Brandon Patillo, Energon Corp. and Does 1-100, (3) Elder Abuse against all defendants, (4) Fraud against Cali One S...

Excerpt: ...ally, Defendant requests sanctions against Plaintiff and/or its counsel, Roseman Law, APC in the amount of $2,580.00 payable in 30 days. RULING: The motion is granted, in part, and denied, in part. Further responses to Special Interrogatories 30 and 43 are due within 30 days. The motion is denied as to Special Interrogatories 32, 33, 38 and 39. Defendant's request for sanctions is granted as set forth below. Sanctions are payable within 30 days. ...

Excerpt: ... Plaintiffs to attach the real property located at 13109 Leach Street in Sylmar, California 91342 (the “Leach property”), or in the alternative, that the funds from any sale of said property be held in escrow by court order in order to effectuate the terms of the parties June 3, 2022 partial settlement agreement. RULING: The motion is denied. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Fil...

Excerpt: ..., within 10 days. Additionally, Defendant requests sanction against Plaintiff and/or its counsel, Roseman Law, APC in the amount of $2,890.00 payable in 30 days. RULING: The motion is granted, in part, and denied, in part. Further responses to Requests 39, 40, 41, 42, 43, 47 and 49 are due within 30 days. The motion is denied as to Requests 44, 45, 46 and 50. Defendant's request for sanctions is granted as set forth below. Sanctions are payable w...

Excerpt: ...rence With Contractual Relations RULING: The demurrer to the 3 rd cause of action is sustained with 30 days leave to amend. FACUAL SUMMARY & RELEVANT PROCEDURAL HISTORY This action arises out of a written Exclusive Equipment Agreement (the Agreement) entered into between Plaintiff Background Images LLC (Plaintiff) and Defendant Monolith Virtual Production LLC (MVP) pursuant to which Plaintiff, which owned and leased video display equipment used b...

Excerpt: ...ed Partnership Including Appointment Of Stephen J. Donell, CCIM, CPM, As Person To Wind Up Limited Partnership's Activities (Application). RULING: The motion is granted without leave to amend. On 3/14/22, Plaintiff George R. Dahlquist (Plaintiff) filed the underlying Application Made Pursuant to Corporations Code 15908.03(d) for Order of Judicial Supervision to Wind Up Limited Partnership Including Appointment Of Stephen J. Donell, CCIM, CPM, As ...

Excerpt: ...leged against Ygrene) 7. Rescission (Cedros/Marentes) 8. Rescission (Sandra/Marentes) 9. Rescission (Sandra/Ygrene) 10. Rescission (Sandra/County of LA) 11. Unfair Business Practices (B&P 17200) 12. Unfair Business Practices (B&P 17500) RULING: The unopposed demurrer is sustained without leave to amend. This action arises out of home improvements contracts related to two properties owned by Plaintiff Blanco Mohd (Plaintiff) in Mission Hills, Cali...

Excerpt: ...ct 2. Breach of Implied Covenant of Good Faith and Fair Dealing 3. Fraudulent Misrepresentation (not alleged against Monolith Studios, Inc. or Josh Furlow). 4. Fraudulent Misrepresentation 5. Intentional Interference With Contractual Relations *The notice of demurrer indicates that it is to the 1 st, 2nd, 3rd and 4 th causes of action. However, the First Amended Complaint has 5 causes of action (the 3 rd cause of action is for fraudulent misrepre...

Excerpt: ...et 1, numbers 1, 2, 3 and 10. Additionally, Plaintiff seeks an order compelling Defendant to provide a proper verification for the responses. Further, Plaintiff requests sanctions in the amount of $3,918.40 against Defendant. RULING: The motion is granted, in part, and denied, in part. A proper verification is due within 5 days. A further response to Request for Admissions 10 is due within 30 days. The motion is denied as to Requests for Admissio...

Excerpt: ...ication of the following issues: (1) Any cause of action based on alleged pre-February 2018 misconduct is time-barred. (2) The first cause of action for negligent supervision fails as a matter of law against Defendant, where the undisputed material facts do not support this claim. (3) The second cause of action for assault and battery fails as a matter of law against Defendant, where the undisputed material facts do not support this claim. (3) Th...

Excerpt: ...is granted. Attorneys' fees in the amount of $47,500.00 are awarded to Plaintiff. This breach of guaranty action arose out of Plaintiff PS Funding, Inc.'s (Plaintiff) loan to borrower Anderson Estates, LLC, (Borrower) in the original principal amount of $2,484,950.00 (Loan) secured by real property consisting of an approximately 9,000 square foot suburban office building in Downey, California. Defendant Pablo Anderson (Defendant), principal of Bo...

Excerpt: ...halili. Within one week of moving in, Plaintiff discovered missing items, and installed a motion detection camera. Plaintiff subsequently discovered Defendant was entering the room and taking property while she was at work, including cash. Plaintiff also alleges that Defendant disabled the lock to the room one night while Plaintiff was asleep and entered. On July 8, 2021, Plaintiff filed a complaint for Civil Penalties under Penal Code section 49...

Excerpt: ... 2020, Plaintiff Jane Doe entered into a real estate purchase agreement for a certain single family home in Santa Clarita. Both Jane and Jean Doe are registered participants in the “Safe at Home” program which protects from the disclosure of their personal information. It's unclear when Jane Doe took possession of the home. Regardless, Plaintiffs allege providing notice to defendants regarding non-disclosure requirements and protections under...

Excerpt: ...mplainant Pace Funding Group, LLC (PFG) on 4/22/22. In the alternative, taxing/striking Item 5, Item 8 and Item 16. RULING: The request to strike the entire memorandum of costs is granted. This action arose out of Plaintiffs' claims that they are the victims of fraudulent loans and corresponding property tax assessments for energy upgrades which have been recorded against their homes. Plaintiffs claimed that they believed that they were hiring a ...

Excerpt: ... Olga Dominguez objected on or about 7/28/21. RULING: The motion is denied. This action arises out of Plaintiff Olga Dominguez's (Plaintiff) claim that while she was working at Defendant Hillview Mental Health Center, Inc.'s (Defendant) facility, she was sexually and physically assaulted by a patient at the facility. *At the time the motion was filed, the First Amended Complaint (FAC) was the operative complaint. On 4/5/22, a Second Amended Compl...

Excerpt: ...ssing with prejudice, Plaintiff Petros Jabakjuryan's complaint. Alternatively, Defendants move for summary adjudication as to Plaintiff's 1 st cause of action for medical negligence. RULING: The unopposed request for summary judgment is granted. This action arises out of the medical care and treatment received by Plaintiff Petros Jabakjuryan (Plaintiff) in and around 2/11/20. Plaintiff alleges that after being in a car accident which resulted in ...

Excerpt: ...this motion. RULING: The motion is granted as set forth below. This action arises out of Defendant John Thomas, LLC's (JTLLC) purchase of Plaintiff Gloria Brown's home located at 22147 Ballinger Street, Chatsworth, California 91311. Plaintiff alleges that she engaged certain of the defendants to assist her and her husband, Aaron Brown/Mr. Brown, from losing their home to foreclosure. Plaintiff alleges that rather than assisting her in keeping her...

Excerpt: ...sario Arroyo on Plaintiffs' Complaint. RULING: The motion is granted. This action arises from an incident that occurred on 6/13/16 at the Old Orchard Elementary School in Valencia, California. Plaintiffs Jose De Jesus Diaz Mata (Mata) and Maria Del Rosario Arroyo (Arroyo) (collectively, Plaintiffs) allege that Mata, while in the course and scope of his employment with Defendant Hector Lopez dba HN Construction Services (HN), was in the process of...

Excerpt: ...ntiff's counsel, Roseman Law, in the amount of $2,700.00. RULING: The motion is granted. Sanctions payable within 30 days. Counsel is 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 Electron...

Excerpt: ...en (Plaintiff) has, again, failed to comply with the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. (See 3/18/22 Minute Order, pp.3-4; 6/9/22 Minute Order). As previously noted in two prior minute orders, 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 Electro...