Excerpt: ...nts request an award of attorneys' fees and costs in the amount of $2,652.50 RULING: The request to quash the subpoena is granted. The request for sanctions is denied. 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 th...

Excerpt: ...eposition testimony from Plaintiff's Guardian ad Litem, Lance G. is granted. The request for sanctions is 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, 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 F...

Excerpt: ...RIKE: An order striking the following portions of the Second Amended Complaint: (1) the 2 nd cause of action (¶¶38-102, pp.8-22); (2) the prayer for punitive damages (Prayer for Relief, p.22, no.3); and (3) the prayer for attorneys' fees (Prayer for Relief, p.22, no.4). RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off calendar. This action arises out of the medical care and treatment received by Plain...

Excerpt: ...ndant Victoria's Secret Stores, LLC (Defendant) which ended in October of 2015. On 1/25/22, this Court granted Defendant's Motion for Summary Judgment. (See 1/25/22 Minute Order; 1/25/22 Order Granting Defendant's Motion for Summary Judgment or, in the Alternative, Summary Adjudication). On 1/26/22, Defendant filed and served Plaintiff (by overnight delivery and electronic mail) with notice of the Court's 1/25/22 ruling. (See Notice of Ruling fil...

Excerpt: ...ntial unlawful detainer action filed on 7/29/21 by Plaintiff Monica C. Sarmiento (Plaintiff) against Defendants Ivan Celestino Martinez and Laura Patricia Pineda (Defendants). On 4/8/22, the Court specially set Defendants' motion for judgment on the pleadings as to the original complaint for hearing on 4/22/22. On 4/22/22, the motion was granted with leave to amend. On 5/17/22, Plaintiff filed the subject First Amended Complaint. On 5/23/22, Defe...

Excerpt: ...unsel, R. Grace Rodriguez, jointly, in the amount of $3,218.65. RULING: The motion is granted. Further responses are due within 30 days. Sanctions, as set forth below, are payable within 30 days. Defendant Enrique Perez's counsel is ordered 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: ...or about 4/15/22 for production of Defendant Lilian Yamileth Ramirez's cell phone records for a specified period of time prior to and after the subject collision. RULING: The motion is granted. This action arises out of a motor vehicle collision that occurred on the southbound Antelope Valley Freeway State Route 14 on 1/31/19 at 11:30 a.m. The vehicle driven by Defendant/Cross-Complainant Lilian Yamileth Ramirez (Ramirez) struck the vehicle occup...

Excerpt: ...,482.50. RULING: The request to transfer the action to Orange County is granted. The request for sanctions is denied. This action arises out of a dispute between business partners. Plaintiff alleges in 2008 Plaintiff Alan Clark (Plaintiff) and Defendants Achim Strupat aka Hans Strupat (Strupat) and Silver Bear Properties (Silver Bear) (collectively, Defendants) entered an oral partnership agreement to do business acquiring real properties through...

Excerpt: ...alifornia (PSJMC) and against Plaintiff Petros Jabakjuryan. Alternatively, PSJMC moves for summary adjudication of the following issues: (1) There is no triable issue of material fact as to Plaintiff's cause of action for medical negligence; (2) There is no triable issue of material fact as to Plaintiff's cause of action for dependent adult abuse; and (3) Plaintiff cannot establish vicarious liability. RULING: The request for summary judgment is ...

Excerpt: ...r 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). Plaintiff has failed to bookmark the declaration, exhibit and proof of service attached to the motion. Failure to comply with these requiremen...

Excerpt: ...d to produce documents. Additionally, Plaintiff requests monetary sanctions against Angeles. (2) An order compelling Defendant John Paul Angeles to respond, without objections, to Special Interrogatories, Set 1. Additionally, Plaintiff requests monetary sanctions against Angeles. (3) An order compelling Defendant John Paul Angeles to respond, without objections, to Form Interrogatories, Set 1. Additionally, Plaintiff requests monetary sanctions a...

Excerpt: ...ton. 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-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). Plaintiff and Defendant have failed...

Excerpt: ...ligence, conversion and disgorgement against Defendant Martin Lynn (Defendant) and others. (See Complaint filed 11/12/20). On 2/24/21, Defendant was personally served with the summons and complaint. (See Proof of Service filed 2/26/21). On 3/9/21, in response to the Complaint, Defendant, representing himself, filed an Affidavit. (See Affidavit filed 3/9/21). On 3/25/21, Plaintiff filed his first Request for Entry of Default against Defendant whic...

Excerpt: ...hase Bank and for such further relief as the court deems just and proper. RULING: The motion is denied. This action arises out of a dispute regarding real property commonly known as 28212 Kelly Johnson Parkway #215 and #225 which are medical office suites (the Property). The Property is currently owned by Plaintiff/Cross-Defendant Lucy Holdings, LLC (Lucy Holdings), a company of which Mark A. Liker (Liker) is the sole member and owner. (Liker Dec...

Excerpt: ...n 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). Both parties have failed to bookmark the declarations and exhibits attached to their respective papers. Failure to comply with these requirements in the future may result in matters being p...

Excerpt: ...and for such further relief as the court deems just and proper. RULING: The motion is denied. This action arises out of a dispute regarding real property commonly known as 28212 Kelly Johnson Parkway #215 and #225 which are medical office suites (the Property). The Property is currently owned by Lucy Holdings, LLC, a company of which Plaintiff Mark A. Liker (Liker) is the sole member and owner. (Liker Decl. ¶3). Liker contends that prior to his ...

Excerpt: ...atories, Set 1, numbers 2.3, 2.12, 2.13, 4.1, 6.4, 6.5, 6.6, 6.7, 10.2, 12.1, 12.4 and 14.2. Additionally, Defendant Providence Health System – Southern California dba Providence Holy Cross Medical Center requests sanctions in the amount of $1,327.50 against Plaintiff's counsel, Greenslade Cronk LLP and/or Plaintiff. RULING: The request to compel further responses is granted. Further responses are due within 30 days. Both parties' requests for ...

Excerpt: ...m Interrogatories, Set 1. Additionally, Sowers requests sanctions against Plaintiff and his counsel of record, jointly and severally, in the amount of $885.25. (2) Defendant Sowers Construction, Inc. (Sowers Construction) moves for an order compelling Plaintiff Thomas Allen to provide verified responses to Sowers Construction's Form Interrogatories, Set 1. Additionally, Sowers Construction requests sanctions against Plaintiff and his counsel of r...

Excerpt: ...tion 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 writing that he was a licensed contractor when he was not, and has never been, a licensed contractor. Plaintiffs alleged that after the completion of the pool, it exhibited major damage as a result of poor workmans...

Excerpt: ...cal Clinic II, Inc. (Clinic) and its owner Hamid Mirshojae (Dr. Mirshojae) filed a lawsuit against Defendant 5975-5999 Topanga Canyon Blvd LLC (Topanga Canyon) and its owner, Ahang Mirshojae, LASC Case No. 21STCV37556 (Clinic Action), alleging causes of action for: (1) Breach of Settlement Agreement, (2) Implied Contractual Indemnity and (3) Breach of Lease. (Do Decl., Ex.A – Clinic Complaint). With regard to the breach of lease cause of action...

Excerpt: ... Amended Complaint and for leave to file an Amended Cross-Complaint to reassert its causes of action against Hari Hara, LLC and (1) Mark Weinstein, Trustee of the Weinstein Family Trust dated March 20, 1997, (2) MJW Investments, Inc., as predecessors to Mark Weinstein, Trustee and (3) 26811 Bouquet Canyon Road L.P., fka 26811 Bouquet Canyon Road LLC, as successors to Mark Weinstein, Trustee (collectively referred to as Weinstein) as cross-defenda...

Excerpt: ...llate case Mark A. Liker vs. Eliezer Appel, et al. Court of Appeals Case No.: B315970; LASC Trial Case No.: 20VECV01388 on 3/7/22. 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-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 ...

Excerpt: ...g summary judgment against Defendants Hilda Lemus, aka Hilda M. Lemus, individually and as a partner of Platinum Cleaning Company partnership and Heber Lopez, individually and as a partner of Platinum Cleaning Company partnership and default court judgment against Defendant Platinum Cleaning Company, a partnership, in favor of Plaintiff on its Complaint. In the alternative, Plaintiff moves for summary adjudication of issues. RULING: The motion is...

Excerpt: ...lled upon to assist Dr. Welty in such examination. Dr. Welty is a licensed psychiatrist in the State of California. She is board certified by the American Board of Psychiatry and Neurology in child and adolescent psychiatry, and she is a member of the American Academy of Child and Adolescent Psychiatry Southern California Psychiatric Society. (2) The examination will take place on June 2, 2022, at Dr. Welty's office located at 5855 E. Naples Plaz...

Excerpt: ...against Shots Media in the PD Products' cross-complaint as well as granting prejudgment interest to PD Products. RULING: The motion is denied. The action arises from a written contract entered between Plaintiff Shots Media B.V. (“Shots Media”) and Defendant PD Products, LLC dba Pipedream Products (“PD Products”) on 2/6/15, wherein PD Products agreed to sell and supply its line of products to Shots Media and, in exchange, Shots Media would...

Excerpt: ...rt to (2) Defendant requests the Court to order Plaintiff to pay attorney fee's in the amount of $60,657.50 RULING: Plaintiff's motion to tax costs is granted in part as to items 10 and 16 in their entirety and denies the motion as to the remainder. Defendant's motion for attorney fees is denied. This action arises out of Defendant's alleged legal malpractice. Plaintiff Jean Paige (“Plaintiff”) sustained personal injuries due to a trip and fa...

Excerpt: ...ssociation as Trustee (“NRZ”) moves to intervene in this action for the limited purpose of filing a motion to expunge lis pendens. NRZ also moves to expunge the Notice of Pendency of Action that Plaintiff Carol Wyatt Berkley recorded with the Los Angeles County Recorder's Office on January 20, 2011, regarding the real property commonly known as 12750 Daventry Street, Pacoima, CA 91331. RULING: Deny the Motion to Intervene. Deny the Motion to ...

Excerpt: ...on Extensions Plus on 9/17/21. Additionally, Plaintiffs request sanctions against Extensions Plus and its counsel, Julie A. Goldberg, in the amount of $2,399.15 RULING: The motion is denied as to Form Interrogatory 15.1 and granted as to Form Interrogatory 17.1. Further response to Form Interrogatory 17.1 is due within 30 days. Sanctions are denied. Defendants' counsel is, again, reminded to review the 5/3/19 First Amended General Order Re Mandat...

Excerpt: ...ys leave to amend. Defendants are, again, 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); (10/29/21 Minute Order). Defendants have, ag...

Excerpt: ...s 16, 17, 31, 32, 33, and 35. Additionally, Plaintiff Aldea Community Association requests sanctions against Defendant in the amount of $3,260.00. RULING: The motion is denied. Defendant's request for sanctions is granted. Sanctions 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-filing documents, parties must comply with the “TECHNICAL REQUIREMEN...

Excerpt: ...r 1198.5(l), and pursuant to agreement between the parties under a settlement agreement entered into by Plaintiff and Defendants J & S Restaurants, Inc. and XCheese, Inc. (Defendants) on 10/20/21. Specifically, Plaintiff seeks: (1) $98,630.00 in attorneys' fees and (2) $1,831.43 in actual litigation costs. RULING: The motion is denied. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civ...

Excerpt: ...lling Defendant Hillview Mental Health Center, Inc. to provide further responses to Plaintiff Olga Dominguez's Special Interrogatories, Set 1, served on 3/5/21. RULING: The hearing will be continued. On 6/9/21, Plaintiff Olga Dominguez (Plaintiff) filed two motions to compel further responses from Defendant Hillview Mental Health Center, Inc. (Defendant). One motion sought to compel further responses to Special Interrogatories, Set 1 and the othe...

Excerpt: ... order striking the following portions of the Second Amended Complaint: (1) the 2 nd cause of action (¶¶38-102, pp.8-22); (2) the prayer for punitive damages (Prayer for Relief, p.22, no.3); and (3) the prayer for attorneys' fees (Prayer for Relief, p.22, no.4). RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off calendar. This action arises out of the medical care and treatment received by Plaintiff Pet...

Excerpt: ... 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 Trust (Tweed) is Jessica Sanders' mother. Tweed ...

Excerpt: ...not be held in contempt by this Court for their disregard of this Court's 8/6/21 order expunging Plaintiffs' lis pendens against real property located at 9556 Amboy Street, Pacoima, California 91331. RULING: The hearing will be continued. 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 se...

Excerpt: ... RULING: The unopposed motion is granted. Defendants are awarded $50,897.50 in attorneys' fees against Plaintiff. SUMMARY OF ACTION This action arises out of Plaintiff's ownership of a unit within the common interest development of which Defendant Arroyo West Homeowners Association (Association) is the homeowners association. Defendant Joyce Antonich is a committee member of the association. Defendant Marcia Leigh Gaskill is a former member of th...

Excerpt: ...E: An order striking the following portions of the Second Amended Complaint: (1) the 2 nd cause of action (¶¶38-102, pp.8-22); (2) the prayer for punitive damages (Prayer for Relief, p.22, no.3); and (3) the prayer for attorneys' fees (Prayer for Relief, p.22, no.4). RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off calendar. This action arises out of the medical care and treatment received by Plaintif...

Excerpt: ...enied to the people) 3. Violation of the 14 th Amendment (not deny to any person within its jurisdiction the equal protection of the law) RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the prayer for punitive damages (Complaint p.7 ¶e). 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 Plaintiff Raymond Kelley's (Plaintiff) claim that while an in...

Excerpt: ... contempt. RULING: The motion is denied. FACTUAL & PROCEDURAL HISTORY This matter consists of two consolidated cases, LASC Case No. LC105208 (“Mirshojae Case”) and LASC Case No. LC106904 (“Reghabi Case”). At the trial of the consolidated cases, Hamid Mirshojae (“Mirshojae”) prevailed in both cases and obtained a $5,482,269.18 judgment against his former attorney, Khosro Reghabi, aka Ross K. Reghabi, dba Southern California Law Group (...

Excerpt: ...Medical Center to provide further responses to Special Interrogatories, Set 1, numbers 1, 2, 8, 16, 20, 22, 23, 24, 26, 27, 28, 30, 31, 32, 33, 35, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46 and 47. RULING: The motion is granted as to Special Interrogatories 1, 2, 8, 16 and 35 as set forth below. Further responses are due within 30 days. The motion is denied as to Special Interrogatories 20, 22-24, 26-28, 30-33 and 37-47. This action arises out of th...

Excerpt: ...fs (1 st and 3 rd causes of action). Alternatively, the District seeks summary adjudication of the 1st cause of action for Dangerous Condition of Public Property and the 3 rd cause of action for Tortious Act and/or Omission of Independent Contractor based on 6 issues (grounds). RULING: The motion is denied. This action arises from an incident that occurred on 6/13/16 at the Old Orchard Elementary School in Valencia, California which is within Def...

Excerpt: ...ss Medical Center to provide further responses to Requests for Admission, Set 1, numbers 4, 5, 14, 15, 21, 22, 23 and 24. RULING: The motion is granted, in part. Further responses to Requests for Admissions numbers 21, 22, 23 and 24 are due within 30 days. This action arises out of the care and treatment Plaintiff Abel Luna (Plaintiff) received at Defendant Providence Health System Southern California dba Providence Holy Cross Medical Center (Pro...

Excerpt: ...Jr. requests sanctions against Defendant in the amount of $1,800.00. RULING: The unopposed motion is granted. Further responses are due and sanctions are payable within 15 days. Plaintiff Ronald Kari Jr. (Plaintiff) is, again, reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. (See 3/14/22 Minute Order, p.2). When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which a...

Excerpt: ...srepresentation 4. Violation of Business & Professions Code 17500, et seq. 5. Breach of Implied Warranty of Good Faith RELIEF REQUESTED IN MOTION TO STRIKE: An order striking paragraphs 34 and 55 and paragraph 3 of the Prayer in the Cross-Complaint. RULING: The demurrer is sustained with 20 days leave to amend. The motion to strike is placed off calendar as moot. On 12/14/21, Plaintiff GGP Northridge Fashion Center, LP filed this action against D...

Excerpt: ...den to serve further answers to Special Interrogatories, Set 3, Nos 316-403. Additionally, Defendants request sanctions against Yuki Marsden and her attorney of record, Regis A. Guerin, jointly and severally, in the amount of $5,260.00. RULING: The motion is granted. Further responses are due within 30 days. Defendants' request for sanctions is granted against Plaintiff Yuki Marsden and her counsel of record, Regis A. Guerin, in the amount of $4,...

Excerpt: ...dant Ryan Hamlin 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 Electronic Filing for Civil. See also CRC 3.1110(f)(4). The table of contents for the motion and the declaration and exhib...

Excerpt: ...related to any work Plaintiff Daniel Jimenez performed at any of the Defendants while on work assignment from Chartwell Staffing. Plaintiff also reserves the right to request monetary sanctions against Defendant and its attorneys of record. RULING: The motion is granted, in part. The subpoena is modified as set forth below. Sanctions are imposed against Plaintiff in the amount of $1,200.00, payable within 30 days. This action arises out of Plaint...

Excerpt: ...r of Plaintiff and against Defendant on Plaintiff's sole cause of action for breach of contract against Defendant. RULING: The request for summary judgment is granted as set forth below. Plaintiff Sofi Lending Corp. as Attorney-In-Fact for Wilmington Trust, National Association as Trustee for Sofi Consumer Loan Program Grantor Trust 2019-1 (Plaintiff) is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for ...

Excerpt: ...endant, Dr. Moses Fallas performed operations three through five on September 4, 2018, September 28, 2021, and November 15, 2018. Plaintiff alleges both negligently scheduled operations on September 4 and 28, 2018, and the operations led to the development of total parenteral nutrition (TPN) dependency. Meanwhile, on September 21, 2018, Plaintiff alleges Dr. Fallas visited Plaintiff in her hospital room, removed staples from an incision, and proc...

Excerpt: ...tiff requests summary adjudication of each of the 21 affirmative defenses set forth in Defendant's verified Answer. RULING: The request for summary judgment is granted. FACTS This is a commercial unlawful detainer action which arises out of Plaintiff KB Salt Lake III, LLC's (“Plaintiff”) claim that Defendant Fitness International, LLC (“Defendant”) has failed to pay rent due from April 2020 to the present. Plaintiff owns property commonly...

Excerpt: ...EF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding and the prayers for punitive damages and attorneys' fees. RULING: The demurrer is overruled. The motion to strike is granted with 20 days leave to amend. BACKGROUND FACTS This action arises out of a dispute between adjoining landowners regarding the existence, use, maintenance, and control of two easements. Plaintiffs Kelly Condon and Caroline Condon (Plaintiffs) are the ow...

Excerpt: ...nally, Plaintiffs request sanctions against Defendant and/or her attorneys of record, Ford, Walker, Haggerty & Behar in the amount of $1,111.65. (2) An order deeming Plaintiffs' Requests for Admission, Set 3, Nos. 60-128, admitted by Defendant Lilian Yamileth Ramirez (Defendant). Additionally, Plaintiffs request sanctions against Defendant and/or her attorneys of record, Ford, Walker, Haggerty & Behar in the amount of $1,111.65. (3) An order deem...

Excerpt: ...nd Acknowledgment of Satisfaction of Judgment (Partial Satisfaction) entered on 9/3/21 and granting Defendant leave to file its proposed Answer and related Cross- Complaint. RULING: The motion is denied. FACTUAL SUMMARY & PROCEDURAL HISTORY This action arises out of a written contract between Plaintiff Aerotek, Inc. (Plaintiff) and Defendant JME, Inc. dba TMB (Defendant) whereby Plaintiff provided Defendant with temporary employment services. (Co...

Excerpt: ...e within 30 days. At the 9/1/21 Case Management Conference, this Court set a Mandatory Settlement Conference for 2/9/22 at 10:00 a.m. (See 9/1/21 Minute Order). On 12/14/21, this Court served counsel for the parties with “Notice & Order Re Mandatory Settlement Conference For Dept. F47 During COVID-19 Pandemic” (Notice & Order) which provides, in relevant part: YOU ARE HEREBY NOTIFIED/ORDERED: Dept. F47 does not conduct remote MSC's/settlement...

Excerpt: ...ranting Cross-Complainant leave to file a First Amended Cross- Complaint. RULING: The motion is denied. Defendant/Cross-Complainant All Ways Transportation, Inc.; Allways Transportation, Inc. dba United Transportation Moving and Storage; Universal Moving & Storage, Inc. (All Ways) 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 “TECHNICA...

Excerpt: ...An order for monetary sanctions in the amount of $9,077.50 against non-party Crystal Smart Lyons for termination and refusal to comply and continue with the deposition subpoena for testimony and subpoenaed documents. RULING: The request for monetary sanctions is granted as set forth below. Sanctions are payable within 30 days. This is a real estate disclosure case. Plaintiff Andrew Dow (Plaintiff) is the purchaser and defendants are the real esta...

Excerpt: ...led. RULING: The motion is denied. This motion was originally scheduled for hearing on 11/8/21. On that date, the Court's tentative ruling was to place the matter off calendar due to the pending appeal and procedural defects in the motion. While the appeal has since been dismissed, Plaintiffs have still failed to cure the procedural defects in the motion as set forth in the Court's 11/8/21 Minute Order. (See 11/8/21 Minute Order, p.2). As previou...

Excerpt: ... Creek Village Homeowners Association (Defendant) and one of its members, Plaintiff Alexander Cvetkovich (Plaintiff). On 3/19/19, Plaintiff filed this action against Defendant which includes various causes of action including breach of governing documents and breach of contract. On 1/10/22, Plaintiff filed the instant motion seeking an order compelling Defendant to engage in arbitration (ADR) which Plaintiff contends is mandatory under Defendant'...

Excerpt: ...odriguez NOTICE: ok RELIEF REQUESTED: An order bifurcating trial into liability and damages phases, precluding the presentation of damages evidence in the liability phase. RULING: The motion is granted as set forth below. This action arises 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 claim that they b...

Excerpt: ...CE: ok Demurrer is to the entire 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' complaint, including claims for attorney's fees and punitive damages. Additionally, if the Court does not sustain the demurrer on the grounds that Plaintiffs' co...

Excerpt: ...claim for punitive damages on various different grounds. RULING: The request for summary judgment is granted. This action arises out of Defendant Trader Joe's (Defendant) decision not to hire Plaintiff Jammal Yarbrough (Plaintiff) as a Crew Member in 2016 at one of its stores in Valencia, California. (Compl. ¶¶7, 11). During his second interview with store Captain Matt Judd and Mate Greg Sieple, Plaintiff was asked what neighborhood he grew up ...

Excerpt: ...tion for Breach of CC&Rs and Rules. RULING: The 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. The basis for Plaintiff's 2 nd cause of action for Breach of...

Excerpt: ..., Plaintiffs request sanctions against Defendant and his counsel of record, Fitzgerald Yap Kreditor LLP and Robert Millard Yoakum in the amount of $2,852.50. Plaintiffs also seek monetary sanctions in the amount of $250.00 under CCP 2023.050(a)(1). Additionally, Plaintiffs seek issue sanctions establishing that Mr. Meadows' business address is his home address and that he operates his business out of his home (Form Interrogatory 2.6). Further, Pl...

Excerpt: ...ether a disability insurance policy purchased by Plaintiff/Cross-Defendant Hamidrez Ghasemi (Plaintiff) from Defendant/Cross-Complainant Bankers Life and Casualty Company (Bankers Life) provided benefits for five years or up until Plaintiff reached the age of 65. Although Plaintiff executed a form changing the benefit period to five years from “to age 65” as requested in his application, Plaintiff contends that Defendant Mohsen Babaeian (Baba...

Excerpt: ...of Documents and Things, Set 1, Requests 2, 4 and 5, served on Extensions Plus on 9/17/21. Additionally, Plaintiffs request sanctions against Extensions Plus and its counsel, Julia A. Goldberg, in the amount of $1,761.65. RULING: The motion is granted, in part, and denied, in part, as set forth below. Further responses are due within 30 days. Sanctions are denied. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandat...

Excerpt: ... amend. This action arises out of a loan Plaintiffs Anibal Armando Parada and Ramona Lazarit (Plaintiffs) received which is secured by real property (Plaintiffs' home/residence) and which is currently being serviced by Defendant Shellpoint Mortgage Servicing (Defendant). Plaintiffs allege that on or around 5/10/04, they entered into a loan agreement with America's Wholesale Lender (the "Loan") in the amount of $379,000.00 secured by the property ...

Excerpt: ...drez Ghasemi (Plaintiff) from Defendant/Cross-Complainant Bankers Life and Casualty Company (Bankers Life) provided benefits for five years or up until Plaintiff reached the age of 65. Although Plaintiff executed a form changing the benefit period to five years from “to age 65” as requested in his application, Plaintiff contends that Defendant Mohsen Babaeian (Babaeian), a Bankers Life insurance agent, acted as his interpreter and misrepresen...

Excerpt: ...inklers in their front yard and backyard for longer than six minutes a day, to prevent the flooding of the Plaintiffs Alex Alvarado and Patricia Alvarado's home. RULING: The Court finds Defendants to be in contempt. This action arises out of disputes between neighbors. Plaintiffs Alex Alvarado and Patricia Alvarado and Defendants Michael Meadows and Althea Meadows (Defendants) own neighboring properties in a common interest development managed by...

Excerpt: ...laint: 1. Recovery of Real Property 2. Negligence 3. Quiet Title 4. Declaratory Relief RELIEF REQUESTED IN MOTION TO STRIKE: An order striking certain portions of the complaint. RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off calendar. TECHNICAL DEFECTS The parties are, again, reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, pa...

Excerpt: ...cuments which were served on 7/6/21. Additionally, Plaintiff requests sanctions against 007 and its counsel, Jilbert Tahamazian, in the amount of $3,999.60. MOTION TO ENFORCE SETTLEMENT AGREEMENT Motion filed on 12/8/21. MOVING PARTY: Plaintiff Wells Fargo Bank, N.A. RESPONDING PARTY: Defendant 007 Collision Center, Inc. NOTICE: ok RELIEF REQUESTED: An order enforcing the Settlement Agreement between Plaintiff Wells Fargo and Defendant 007 Collis...

Excerpt: ...ESTED: An order imposing issue, evidentiary, and monetary sanctions against PFG. RULING: The motion is denied. PFG's request for sanctions is also denied. This action arises 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 claim that they believed that they were hiring a contractor, Green Nation Direct (GN...

Excerpt: ...n. RULING: The motion is granted. Defendants are ordered to separately file their Answer, which is attached to the motion, today, 2/17/22. This is a residential unlawful detainer action filed on 7/29/21. On 10/6/21, Plaintiff Monica C. Sarmiento (Plaintiff) filed proofs of service indicating that both Defendant Ivan Celestino Martinez and Defendant Laura Patricia Pineda (collectively, Defendants) were personally served with the Summons and Compla...

Excerpt: ...lawful detainer action filed by Plaintiff Graphic Research, Inc. (Plaintiff) against Defendant Circuit Services, LLC dba Career Technologies (Defendant). Defendant demurred to the complaint on the ground that Plaintiff lacks standing to bring the action because title to the property is held by Proposed Intervenor Graphic Research, LLC. The demurrer was overruled. (See 11/15/21 Minute Order). In the 11/15/21 Minute Order, the Court noted that on 1...

Excerpt: ...Requests 16, 19, 20, 21, 33 and 56 and produce all responsive documents corresponding thereto. RULING: The motion is granted as set forth below. Further responses are due within 30 days. This action arises out of Moving Party/Plaintiffs Amanda Dietz and John Francis Dietz's claim that their 2018 Honda Odyssey, which was manufactured and distributed by Responding Party/Defendant American Honda Motor Co., Inc., suffers from electrical system defect...

Excerpt: ...tion of emotional distress against Defendant Ashley Tucker, his former wife, for allegedly telling their son, who was over the age of 18 at the time, that if he told Plaintiff that he moved to Florida before 12/15/20, Defendant would not pay for their son's college expenses and telling their son that if he continued to communicate with Plaintiff she would no longer pay for his college expenses. Plaintiff also made vague references to attempts to ...

Excerpt: ... and its attorneys of record in the amount of $4,185.00. RULING: The motion is granted, in part, as set forth below. Plaintiff 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 Electronic F...

Excerpt: ...F REQUESTED: An order reopening discovery in this matter. Specifically, Plaintiffs request that discovery be reopened so that: (1) the Court may consider Plaintiffs' concurrently filed motion for sanctions due to PFG's alleged violation of the Court's discovery order; (2) the Court can rule on a motion for request for admissions to be deemed admitted; and (3) Plaintiffs' can conduct two depositions of PFG witnesses (Frazier and Schmidt) witnesses...

Excerpt: ...nient forum and improper service. RULING: The motion is granted. SUMMARY OF FACTS & PROCEDURAL HISTORY This action relates to a promissory note secured by a deed of trust on Paul and Maria Turley's (the Turleys) property. In 2011, a Deed of Trust in favor of Habib Kassir (Kassir) which references a promissory note for $250,000 was recorded against the Turleys' property. (Turleys' Cross-Complaint ¶¶4-5). The Turleys allege that they did not rece...

Excerpt: ...he production of documents responsive to the requests in their native digital format, which is “the form or forms in which it is ordinarily maintained" in accordance with this Court's 4/14/21 and 8/3/21 orders and CCP 2031.280(d)(l ), imposing sanctions in the amount of $3,345.00 against NAI and its counsel of record, Andrew J. Kulick, and if NAI fails to produce these documents in their native digital format within 10 days of the hearing, impo...

Excerpt: ...vis (Davis) on Davis' complaint for Declaratory Relief and Quiet Title. Additionally, Land Home requests an order granting summary adjudication in its favor and against Davis on her 2 nd affirmative defense to Land Home's cross-claim for Judicial Foreclosure based on statute of limitations. Alternatively, Land Home requests summary adjudication of Davis' 1 st cause of action for Declaratory Relief and 2 nd cause of action for Quiet Title and Davi...

Excerpt: ...k 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. On 1/14/22, Defendant filed the instant motion seeking an order compelling Plaintiff to engage in arbitration (ADR) which Defendant contends is mandatory under Plaintiff's own policy and Civ...

Excerpt: ...efendants, including Defendants Omar Maloof, Omar Maloof, an individual, Maloof Companies, LLC and Maloof Naman Builders (Defendants) for: (1) Intentional Infliction of Emotional Distress, (2) Negligent Infliction of Emotional Distress, (3) Fraud: Intentional Misrepresentation/Deceit, (4) Negligent Misrepresentation, (5) Conversion, (6) Breach of Contract, (7) Breach of Implied Covenant of Good Faith and Fair Dealing, (8) Notary Public Constructi...

Excerpt: ...entire Second Amended Complaint: 1. Quiet Title and Injunctive Relief 2. Declaratory and Injunctive Relief 3. Imposition of Constructive Trust and Injunctive Relief RELIEF REQUESTED: An order striking those causes of action and allegations brought by the plaintiff calling itself The Congregational Church of Chatsworth. RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off calendar. Defendant The Congregation...

Excerpt: ...uments (Set 1) and Requests for Admissions (Set 1). The notice of motion indicates that “Plaintiff also reserves the right against Defendant and its counsel of record Zachary Zermay of the law firm ZERMAY LAW, A.P.C. for attorneys' fees and costs incurred and to be incurred by Plaintiff in connection with this motion.” (See Notice of Motion, p.2:16-19). RULING: The motion is placed off calendar. On 10/21/21, Plaintiff/Cross-Defendant Craven M...

Excerpt: ...Valley IX, LLC's request to reconsider its 12/23/21 ruling based on new facts and circumstances. However, after reconsideration, the Court reaffirms its 12/23/21 order granting Defendant Fitness International, LLC's Motion to Stay Judgment Pending Appeal. SUMMARY OF FACTUAL & PROCEDURAL HISTORY This is a commercial unlawful detainer action. On 11/15/21, this Court granted summary judgment in favor of Plaintiff Kids From The Valley IX, LLC (Plaint...

Excerpt: ... Default Judgment entered against them on 12/10/20 and recalling and quashing any Writs of Execution issued thereunder. RULING: The motion is denied. This is an action for breach of personal guaranty, money lent and account stated. (See Compl. filed 9/9/20). On 11/15/20, default was entered against Defendants Anthony Rockport and Opal B. Rockport (Defendants). (See Default entered 11/15/20). On 12/10/20, default judgment was entered against Defen...

Excerpt: ...ly, Defendant A-Co Temporary Power, Inc. requests sanctions in the amount of $660 against Plaintiff James Douglas Wiese and/or his attorneys of record, SMGQ Law and Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP. RULING: The unopposed motion is granted. Responses are due within 30 days. Sanctions are also 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...

Excerpt: ...e” acceptance of the vehicle. On January 19, 2021, Plaintiff filed a complaint for Breach of Written Warranty, Breach of Implied Warranty, and Song-Beverly Consumer Warranty Act. Defendant BMW North America, LLC answered on February 19, 2021. RULING: Granted. Request for Judicial Notice: Granted as to the Orders, but the court declines to notice of the content of the orders for purposes of ruling on the motion. (Steed v. Department of Consumer ...

Excerpt: ... False Imprisonment is barred against Defendant as plaintiff cannot demonstrate a prima facie case against this Defendant. ISSUE NO. 2: Plaintiff's Request for Punitive Damages Against MILOSEVICH is barred as a matter of law. RULING: The motion is denied in its entirety. SUMMARY OF FACTUAL & PROCEDURAL HISTORY This action arises out of an incident that occurred at a Trader Joe's store in Chatsworth, California. (Separate Statement (SS) 1). Plaint...

Excerpt: ...ion for False Imprisonment is barred against Defendant as plaintiff cannot demonstrate a prima facie case against this Defendant. ISSUE NO. 2: Plaintiff's Second Cause of Action for Intentional Infliction of Emotional Distress is barred against Defendant TRADER JOE'S as plaintiff cannot demonstrate a prima facie case as there is no evidence that TRADER JOE'S conduct was outrageous. ISSUE NO. 3: Plaintiff's Fifth Cause of Action for Violation of t...

Excerpt: ...asemi to be in good faith pursuant to CCP 877.6. RULING: The motion is granted. FACTUAL & PROCEDURAL HISTORY This action arises out of a dispute as to whether a disability insurance policy purchased by Plaintiff/Cross-Defendant Hamidrez Ghasemi (Plaintiff) from Defendant/Cross-Complainant Bankers Life and Casualty Company (Bankers Life) provided benefits for five years or up until Plaintiff reached the age of 65. Although Plaintiff executed a for...

Excerpt: ...lon as to the causes of action set forth in Plaintiff's Complaint. RULING: The request for summary judgment is granted. SUMMARY OF FACTUAL & PROCEDURAL HISTORY This action arises out of Plaintiff Daniel Castrellon's (Plaintiff) employment with Defendant Victoria's Secret Stores, LLC (Defendant) which ended on 10/25/15. (See Compl., 2 nd cause of action). Plaintiff has been involved in several other actions against Defendant. Plaintiff was a class...

Excerpt: ...demnity 4. Contribution 5. Declaratory Relief RULING: The demurrer is overruled. Answer is due within 20 days. This action arises out of claims made by Plaintiff Arturo Rubinstein in the underlying complaint against Ali Bararsani and Cross-Complainant Cal Mutual, Inc., among others, involving a real estate transaction. Cal Mutual, Inc. has cross complained against N12 Investments, Inc. and Bararsani claiming that at the time of the transaction th...

Excerpt: .... This action arises out of Defendant/Cross-Complainant Daniel Rosenbaum's (Rosenbaum) hiring of Plaintiff/Cross-Defendant Nutcracker, Inc. dba ICON Inc. to build a custom vehicle. ICON claims that Rosenbaum failed to pay for services and storage fees. Rosenbaum claims that Cross-Defendants ICON and Johnathan Ward misrepresented their ability to complete the project and failed to complete the project. As a result, on 4/9/20, ICON filed this actio...

Excerpt: ...ce RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions of the Complaint. RULING: The demurrer is overruled. The motion to strike is granted as to the prayer for exemplary punitive damages without leave to amend but without prejudice to Plaintiff bringing a motion pursuant to CCP 425.14 to add such a claim. The motion to strike is otherwise denied. Answer is due within 20 days. This action arises out of the care and treatment ...

Excerpt: ...Armando M. Galvan without prejudice. Plaintiff now seeks an order setting aside that dismissal pursuant to Code of Civil Procedure Section 473(b). Both Plaintiff and Defendant appeared at the 6/29/20 Trial Setting Conference and Mandatory Settlement Conference whereat the Trial Setting Conference was continued to 12/1/20 and notice was waived. (See 6/29/20 Minute Order). Despite having notice of the 12/1/20 hearing, Plaintiff did not appear. (See...

Excerpt: ...ant to Code of Civil Procedure Section 425.16(c). RULING: The motion is granted as set forth below. This action arises out of a dispute regarding real property commonly known as 28212 Kelly Johnson Parkway #215 and #225 which are medical office suites. On 10/15/20, Plaintiff Mark A. Mark A. Liker filed the underlying complaint in this action for Breach of Contract. On 10/20/20, Mark A. Liker served a Lis Pendens on Defendants/Cross-Complainants R...

Excerpt: ...nd Fair Dealing 3. Breach of Quiet Enjoyment of the Premises 4. Trespass 5. Intentional Infliction of Emotional Distress 6. Negligence 7. Wrongful Eviction (Civil Code 789.3) RELIEF REQUESTED IN MOTION TO STRIKE: An order striking: (1) Page 6, Paragraph 23 in its entirety; (2) Page 7, Paragraph 26 in its entirety; (3) Page 8, Paragraph 33, “willfully” from the second line of paragraph 33; (4) Item 3 in the Prayer “ON FIRST, SECOND, THIRD, F...

Excerpt: ... 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). Plaintiff has failed to bookmark the declarations and exhibits attached to the opposition and Plaintiff's Request for Judicial Notice. Failure to comply with these req...

Excerpt: ...ng warned multiple times to comply with the “TECHNICAL REQUIREMENTS” set forth in the 5/13/19 First Amended General Order Re Mandatory Electronic Filing for Civil, Plaintiffs' counsel has, again, failed to bookmark the declarations, exhibits and proof of service attached to the motion and reply. (See 5/13/19 First Amended General Order, p.4:4-5); CRC 3.1110(f)(4); (7/31/20 Minute Order, p.1; 11/18/20 Minute Order, p.1; 8/3/21 Minute Order). I...