Excerpt: ...t's order pursuant to CCP 1985.3, 1987.1, 2020.220(c), 2025.450, 2025.480 and ordering Plaintiff and his counsel to pay sanctions to Trader Joe's for attorneys' fees and costs in the amount of $1,350.00 within 10 days of the date of the Court's order pursuant to CCP 1987.2 and 2025.480(j). RULING: The hearing will be continued. Plaintiff's counsel is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civi...

Excerpt: ...de 15600, et seq.) RELIEF REQUESTED IN MOTIONS TO STRIKE: An order striking the following portions of the First Amended Complaint: (1) the 2nd cause of action (¶¶38-97, pp.8-20); (2) the prayer for punitive damages (Prayer for Relief, p.21, no.3); and (3) the prayer for attorneys' fees (Prayer for Relief, p.21, no.4). RULING: The demurrers are sustained with 20 days leave to amend. The motions to strike are placed off calendar. This action aris...

Excerpt: ...al Distress RULING: The unopposed demurrer is sustained without leave to amend. This action arises out of a dispute between a son, Plaintiff Brett C. Flaharty (Plaintiff), and his mother, Defendant Bonnie Lee Miller (Miller), regarding Miller's purported breach of a contract whereby she allegedly agreed to: provide Plaintiff with a limited scope Power of Attorney to pursue damages against their attorneys in a case which was settled; irrevocably p...

Excerpt: ...the inspection and/or copying of permissible discovery documents requested in Plaintiff's Request for Production of Documents, Set 1, No.6. Additionally, Plaintiff requests sanctions against Defendant in the amount of $3,385.00. 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 REQUIREM...

Excerpt: ...granted. This action arises out of loan agreement entered between Plaintiff Khurshid Escalante (Plaintiff) and Defendants CNC Motors, Inc. and Clayton Thom (Defendants) in September 2020. Pursuant to the agreement, Plaintiff lent Defendants $400,000.00 which was supposed to be repaid, plus interest, on or before 10/19/20. Defendants have failed to repay the loan. Therefore, on 3/18/21, Plaintiff filed this action for Breach of Contract, Account S...

Excerpt: ...t Misrepresentation In Matters of Real Estate 5. Negligent Misrepresentation In Matters of Real Estate 6. Cancellation of Grant Deed 7. Intentional Infliction of Emotional Distress 8. Unjust Enrichment RULING: The demurrer is sustained with 20 days leave to amend. This action arises out of Plaintiff Cruz Concrete and Stone, Inc.'s purchase of vacant property located in Agua Dulce, California from Defendant Alberto Garibay (Garibay). Plaintiff Mar...

Excerpt: ...mach Decl., Ex.A). On 5/30/19, Plaintiff filed a First Amended Complaint which reclassified this matter as a regular civil action for: (1) Breach of Oral Contract, (2) Intentional Interference With Prospective Economic Relations, (3) Breach of Implied Covenant of Good Faith and Fair Dealing, (4) Negligent Property Damage and (5) Malicious Property Damage. (Stelmach Decl., Ex.B). On 5/24/21, at the trial of the action, the Court granted Defendant'...

Excerpt: ...Fiduciary Duty 2. Breach of Contract 3. Promissory Fraud 4. Breach of Implied Covenant of Good Faith and Fair Dealing 5. Conspiracy to Commit Fraud 6. Breach of Duty Re: Civil Code 2923.55 7. Violation of Business & Professions Code 17200 RELIEF REQUESTED IN MOTION TO STRIKE: An order striking certain prayers for relief in the complaint. RULING: The joinder in the demurrer is denied. The demurrer is sustained without leave to amend. The motion to...

Excerpt: ...tered between Plaintiff City National Bank and Defendants Marc Knox and Shanice Knox on 2/1/11 for Plaintiff to open a checking account for Defendants. (Moldo Decl. ¶4, Ex.D - Appendix of Evidence, Ex.3). By signing the Personal Account Agreement, Defendants acknowledged receipt of Plaintiff's additional Account Agreement and Disclosures and agreed to the terms and conditions set forth therein. Id. The terms of the Account Agreement and Disclosu...

Excerpt: ...nducement cause of action. This action arises out of an agreement entered into between Plaintiff Blk International, LLC (Plaintiff) and Defendant Vivian Tomik (Defendant) for consulting services. On 8/20/21, Plaintiff filed this action against Defendant for: (1) fraud in the inducement and (2) breach of contract. Defendant now demurs to the entire complaint. Plaintiff has opposed the demurrer. Plaintiff's Request for Judicial Notice (RJN) is deni...

Excerpt: ... The unopposed application is granted as set forth below. This action arises out of Defendant Zsarkisyan Enterprice's (ENTERPRICE) default under a lease agreement for a vehicle. Plaintiff Financial Services Vehicle Trust, by and through its servicer BMW Financial Services NA, LLC (Plaintiff) now seeks a writ of possession for a 2020 BMW 740i motor vehicle, Serial Number WBA7T2C07LGF96619 with an approximate fair market value of $47,913.00. A writ...

Excerpt: ...r action. On 11/15/21, this Court granted summary judgment in favor of Plaintiff Kids From The Valley IX, LLC (Plaintiff) and against Defendant Fitness International, LLC (Defendant). Pursuant to the Judgment entered on 11/16/21, Plaintiff was granted possession of the premises located at 9143 De Soto Ave., Chatsworth, CA 91311. Additionally, Plaintiff was awarded past due rent through 8/31/21 in the amount of $215,000.00; holdover damages from 9...

Excerpt: ...mpelling Defendant to provide further responses to Plaintiffs' Requests for Production of Documents (Set 1), Requests for Admissions (Set 1), and Interrogatories (Set 1) by 10/24/21. Plaintiffs request monetary sanctions in the amount of $1,050 for the fees expended in bringing this motion. Additionally, Plaintiffs request issue sanctions that the requests for admissions be established. RULING: The motion is denied. This action arises out of disp...

Excerpt: ...nas for production of Plaintiffs' medical, education, employment and insurance records on 5/27/20. Additionally, Plaintiffs request sanctions against “Defendant its counsel Ford, Walker, Haggerty & Behar” in the amount of $3,360.00; and (2) An order quashing “Defendant Alfredo Gomringer, et al's” additional 27 subpoenas for production of Plaintiffs' medical, education, employment and insurance records on 6/11/20. Additionally, Plaintiffs ...

Excerpt: ...fety Code 1430) RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations and the prayers for punitive damages and attorney's fees in relation to the 2 nd cause of action. RULING: The demurrer is sustained with 20 days leave to amend. The motion to strike is placed off calendar. The action arises out of the care and treatment Philip Kash received while he was a resident at Defendant Rinaldi Convalescent Hospital (Defendant). On 5/12/20,...

Excerpt: ...uests 7, 8, 10-14, 21-24 and 27-30 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 Miguel Gonzalez Lopez and JuanJose Gonzalez's claim that their 2019 Chevrolet Camaro, which was manufactured and distributed by Responding Party/Defendant General Motors, LLC suffers from defects, including the �...

Excerpt: ... incident that occurred on 11/30/17 in the parking lot of one of Defendant Orchard Supply Company LLC's (Orchard) retail stores. Plaintiff alleges that he was beaten by two Defendant Monument Security Inc. (Monument) security guards (Michael Miller and Orlando Sandiford) which Plaintiff alleges were hired and supervised by Orchard. On 9/8/17, Orchard and Monument entered into a Services Agreement whereby Monument agreed to provide security servic...

Excerpt: ...verruled. Answer is due within 20 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 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 bookma...

Excerpt: ...Defendant to transfer to the levying officer possession of: (1) property in defendant's possession, (2) documentary evidence in defendant's possession of title to property; and (3) documentary evidence in defendant's possession of debt owed to defendant. RULING: The application is granted as set forth below. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents,...

Excerpt: ... (2) Page 12, Prayer for Relief, ¶86: “For injunctive relief requiring DEFENDANTS to acquire reasonable training or changes in personnel policies and procedures, so that DEFENDANTS no longer engage in unlawful practices, policies, usages and customs set forth herein above.” RULING: The motion is granted without leave to amend as to the word “treble” in ¶83 of the Prayer for Relief, granted with 20 days leave to amend as to the prayer fo...

Excerpt: ...ithout objections. Additionally, Plaintiff requests an order imposing sanctions against Leser and his counsel, the law firm of Mahoney & Soll, and Richard Soll, jointly and severally, in the amount of $1,495.00. RULING: The request to deem matters admitted, or alternatively, to compel responses is moot. The request for sanctions is denied. This action arises out of business dealings between Harue Marsden (Harue), now deceased, Plaintiff Alissa Wa...

Excerpt: ...S 17920.3, et seq.) 3. Breach of Implied Warranty of Quiet Enjoyment (CC 1927) 4. Negligence 5. Intentional Misrepresentation RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding and the prayer for punitive damages (¶76, p.14:12-16; Prayer ¶5, p.14:22). RULING: The demurrer is overruled and the motion to strike is denied. Answer is due within 20 days. This action arises out of Plaintiff's tenancy in a residential unit a...

Excerpt: ...t) Special Interrogatories, Set 1, numbers 1, 2, 9, 10, 11, 20, 21, 22, 29, 30, 37, 38, 39, 46, 47 and 50. Additionally, Foremost requests sanctions against Plaintiff in the amount of $1,470.00. RULING: The motion is granted. Further responses are due and sanctions are payable within 30 days. Defendant Foremost Insurance Company Grand Rapids, Michigan (Foremost) is reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic ...

Excerpt: ...uest for summary judgment is granted. This action arises out of Defendant Alireza Katebian's (Defendant) default on credit card agreements with Plaintiff American Express National Bank (Plaintiff). On 4/9/21, Plaintiff filed this action for common counts against Defendant. Plaintiff now moves for summary judgment, or in the alternative, summary adjudication, in its favor and against Defendant on Plaintiff's claims for open book account and accoun...

Excerpt: ...t Misrepresentation In Matters of Real Estate 5. Negligent Misrepresentation In Matters of Real Estate 6. Cancellation of Grant Deed 7. Intentional Infliction of Emotional Distress 8. Unjust Enrichment *Defendant Pinnacle Estate Properties, Inc. (Defendant) fails to provide clear notice of which causes of action are the subject of the demurrer. At certain times, Defendant indicates that the demurrer is to the 3rd cause of action, but at other tim...

Excerpt: ...denied. Plaintiff's request for attorneys' fees is granted as set forth below. This action arises out of Plaintiff Jane Doe's (Plaintiff) claims that she was drugged and raped by Defendant Noel Fisher previously known as Detail (Defendant), a once prominent music producer. On 9/11/20, Plaintiff filed this action against Defendant and Detail Music, LLC for: (1) assault, (2) battery, (3) sexual assault, (4) sexual battery, (5) false imprisonment, (...

Excerpt: ... 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); (1/28/21 Minute Order). Defendant has failed to bookmark the declarations attached to its papers and/or adequately describe the exhibits ...

Excerpt: ...on is granted as set forth below. Defendant's request to vacate the arbitration award 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. ...

Excerpt: ...ract 3. Promissory Fraud 4. Fraud 5. Negligent Misrepresentation 6. Money Had and Received 7. Unjust Enrichment 8. Declaratory Relief RELIEF REQUESTED IN MOTION TO STRIKE: An order striking portions of the First Amended Complaint (¶63, p.13:18-23; Prayer, p.15:10-11; Prayer, p.15:19). RULING: The demurrer is sustained without leave. The motion to strike is placed off calendar. The parties are reminded to review the 5/3/19 First Amended General O...

Excerpt: ...mary judgment is granted. This action arises out of Defendant Lisa Dugum's (Defendant) default on a credit card agreement with Plaintiff American Express National Bank (Plaintiff). On 10/9/20, Plaintiff filed this action for common counts against Defendant. Plaintiff now moves for summary judgment, or in the alternative, summary adjudication, in its favor and against Defendant on Plaintiff's claims for open book account and account stated. Defend...

Excerpt: ...rdict and judgment found that Defendant Alexander Kwong Tomizo Hom was not negligent. Additionally, in the event the foregoing motions are granted, Plaintiff gives notice pursuant to CCP 659 of her intention to move for a new trial on the remaining issues of comparative negligence, causation and negligence. RULING: The motion(s) is/are denied. This action arose out of a four-vehicle rear-end collision. Plaintiff Kasey Navarro (Plaintiff) was a fr...

Excerpt: ...0. On that date, the Court placed the matter off calendar because there was no evidence that the petition or notice of the hearing date had been served on Respondent JTS Construction, Inc. and no response/opposition to the petition had been filed. (See 7/29/20 Minute Order). On 7/29/20, Petitioner Maloof Naman Builders filed a proof of service indicating that the Petition had been served on Respondent by mail on 7/29/20. On 8/19/21, Petitioner fi...

Excerpt: ...ions against Leser and his counsel, the law firm of Mahoney & Soll, and Richard Soll, jointly and severally, in the amount of $1,495.00. RULING: The request to compel responses is moot. The request for sanctions is denied. This action arises out of business dealings between Harue Marsden (Harue), now deceased, Plaintiff Alissa Wald (Wald) and Defendants Eric W. Leser (Leser) and Vicki Leung (Leung) who are all optometrists. Leser and Leung are ma...

Excerpt: ...eing 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. (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). In the fu...

Excerpt: ...-Complainant requests that the Court deny the motion as to the 2 nd cause of action for Fraudulent Transfer, the 3 rd cause of action for Declaratory Relief/Quiet Title and the 4 th cause of action for Fraud. RULING: As set forth below, on its own motion, the Court has reconsidered its 7/30/21 ruling on Cross- Defendants' Special Motion to Strike. This action arises out of a dispute regarding real property commonly known as 28212 Kelly Johnson Pa...

Excerpt: ...infliction 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 attemp...

Excerpt: ...e entire First 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 brough by the plaintiff calling itself The Congregational Church of Chatsworth. RULING: The unopposed demurrer is sustained without leave to amend. The motion to strike is placed off calendar. Defendant The Co...

Excerpt: ...non at the time. The conversation involved “illegal sexual acts” allegedly conducted by Plaintiffs Mike and Paul Kobeissi, and Defendants Dan and Brad Kobeissi. Plaintiffs allege Hussein recorded the conversation without the knowledge and consent of Mike and Sandy, and later published/shared the content of the recording with various friends, family, acquaintances, members of the community, etc. beginning in 2018 and continuing within six mont...

Excerpt: ...e “incapable of making any decision about his personal care, financial decisions, health care decisions, and so forth…” Scott Wolfe alleges that defendants Justin Wolfe and Hailey Ashley “coerced” Bruce Wolfe “to sign his entire Estate along with medical powers of attorney over to Defendant Justin Wolfe.” Justin Wolfe subsequently moved Bruce Wolfe into a care facility and admitted him to a hospital at one point as well, but it's no...

Excerpt: ... of the problems were never resolved. Defects included a broken front gate, missing carbon monoxide detectors, rodent infestation, and a “major roof leak,” which led to the development of mold and mildew. On November 21, 2019, Plaintiff filed a complaint for Breach of Implied Warranty of Habitability, Premises Liability, Negligence, Nuisance, Breach of Contract, Breach of Covenant of Good Faith and Fair Dealing, Breach of Covenant of Quiet En...

Excerpt: ...r 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, are attempting to foreclose on a deed of trust encumbering the Property. On 4/23/21, Plaintiff filed its original complaint in this action all...

Excerpt: ...gainst Leung and her counsel, the law firm of Mahoney & Soll, and Richard Soll, jointly and severally, in the amount of $1,495.00. RULING: The request for responses is granted as set forth below. Sanctions are denied. This action arises out of business dealings between Harue Marsden (Harue), now deceased, Plaintiff Alissa Wald (Wald) and Defendants Eric W. Leser (Leser) and Vicki Leung (Leung) who are all optometrists. Leser and Leung are married...

Excerpt: ...against Leser and his counsel, the law firm of Mahoney & Soll, and Richard Soll, jointly and severally, in the amount of $1,495.00. RULING: The request for responses is granted as set forth below. Sanctions are denied. This action arises out of business dealings between Harue Marsden (Harue), now deceased, Plaintiff Alissa Wald (Wald) and Defendants Eric W. Leser (Leser) and Vicki Leung (Leung) who are all optometrists. Leser and Leung are marrie...

Excerpt: ... District (District) and against Plaintiffs John Doe 2, John Doe 3 and John Doe 4. The alternative issues for adjudication are: ISSUE 1: Plaintiff's Third And Sixth Causes Of Action For Negligent Supervision And Retention Should Be Dismissed Because The District And Its Employees Had Neither Actual Nor Constructive Notice Of Haggerty's Propensity To Sexually Abuse Minors. ISSUE 2: The District Was Not Negligent Regarding Its Hiring Of Haggerty (T...

Excerpt: ...inst Plaintiff John Doe 1. The alternative issues for adjudication are: ISSUE 1: Plaintiff's Third And Sixth Causes Of Action For Negligent Supervision And Retention Should Be Dismissed Because The District And Its Employees Had Neither Actual Nor Constructive Notice Of Haggerty's Propensity To Sexually Abuse Minors. ISSUE 2: The District Was Not Negligent Regarding Its Hiring Of Haggerty (Third Cause of Action). ISSUE 3: The District Did Not Bre...

Excerpt: ...inst Moving Party) 2. Intentional Interference With Prospective Economic Relations 3. Fraud – Intentional Misrepresentation 4. Fraud – Negligent Misrepresentation 5. Negligence 6. Breach of Fiduciary Duty 7. Restitution RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding and the prayer for punitive damages and attorneys' fees (¶85 lines 14-17, ¶106 lines 21-22, ¶114 lines 20-21, ¶122 lines 21-22, Prayer ¶2, Pray...

Excerpt: ...ts; (2) finding Defendants and their attorney of record, Catalina Gracia, in contempt of Court for failing to comply with the 3/17/21 order pursuant to CCP 1209(a); (3) imposing sanctions in the amount of $7,500 against Defendants and their counsel of record, Catalina Gracia, ($1500 each) payable to the Court for failing to comply with the 3/17/21 order pursuant to CCP 1218(a), 177.5, 2023.030(g) and 2023.030(e); (4) imposing sanctions against De...

Excerpt: ...on of the complaint do not match those listed in the body of the complaint. The causes of action listed above are those which appear in the body of the complaint and in the order in which they appear. RULING: The demurrer is sustained with 20 days leave to amend. 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 REQ...

Excerpt: ...r Abuse – Welfare & Institutions Code 15657, 15610.57 3. Wrongful Death RELIEF REQUESTED IN MOTION TO STRIKE: An order striking Prayer for Relief ¶5: “For attorneys' fees.” RULING: The demurrer is overruled. The motion to strike is denied. Answer is due within 20 days. This action arises out of care and treatment provided by Defendant Pacifica Hospital of the Valley (Defendant) and others to decedent James Caouette, III (Decedent), Plainti...

Excerpt: ...urrer is sustained without leave to amend and the action is dismissed as against Defendant County of Los Angeles. This action arises out of the care and treatment Plaintiff Wali Wright received while a patient at Olive View-UCLA Medical Center on 3/10/18. Plaintiff filed this action on 5/16/19. The operative Third Amended Complaint, filed on 8/9/21, contains one cause of action for general negligence. Defendant County of Los Angeles (the County) ...

Excerpt: ...ratory Relief in Plaintiff's Second Amended Complaint. 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...

Excerpt: ...ate, the Court placed the matter off calendar because there was no evidence that the petition or notice of the hearing date had been served on Respondent JTS Construction, Inc. and no response/opposition to the petition had been filed. (See 7/29/20 Minute Order). On 7/29/20, Petitioner Maloof Naman Builders filed a proof of service indicating that the Petition had been served on Respondent by mail on 7/29/20. On 8/19/21, Petitioner filed a Notice...

Excerpt: ... and Dependent Adult Civil Protection Act (Welfare & Institutions Code 15600, et seq.) 2. Negligence 3. Wrongful Death RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the following portions of Plaintiff's complaint: (1) Pg. 14, lines 24-25 at ¶ 40: “. . .individually and . . .”; (2) Pg. 14, line 25- Pg. 15, line 1 at Paragraph 40: “. . . as well as punitive damages in an amount to be determined according to proof. . . .”; (3) Pg....

Excerpt: ...ions in the amount of, at least, $2,536.65 (increased to $3,976.65 in the reply). RULING: The motion is granted. Responses without objections are due within 20 days. Sanctions in the amount of $1,500.00 are imposed against Plaintiff payable within 20 days. On 1/5/21, Defendant Celia Ornelas Cash (Cash) served Plaintiff with Special Interrogatories, Set 1, by mail making responses due by 2/9/21. (Wake Decl. ¶2, Ex.1). Plaintiff failed to serve ti...

Excerpt: ...judication, in favor of Plaintiff and against Defendants Naira Adamian and Corinne Bartoumian, Trustee of the Crebbs Family Trust. Plaintiff requests summary judgment in its favor as to its causes of action for declaratory relief and cancellation of instrument. In the alternative, Plaintiff requests summary adjudication of each of the foregoing causes of action. RULING: The unopposed request for summary judgment is granted. This action arises out...

Excerpt: ..., 31, 32 and 33. Additionally, Plaintiff requests sanctions against Orchard in the amount of $3,150.00, plus $120.00 in costs. RULING: The motion is denied. This action arises out of an incident that occurred in the parking lot of one of Defendant Orchard Supply Company LLC's (Orchard) retail stores. Plaintiff alleges that he was beaten by Defendant Monument Security Inc. (Monument) guards which Plaintiff alleges were hired and supervised by Orch...

Excerpt: ...Personal Jurisdiction · 3rd Cause of Action: Quiet Title · 4th Cause of Action: Breach of Covenant of Quiet Enjoyment · 5th Cause of Action: Violation of Civil Code section 1942.4 · 6th Cause of Action: Tortious Breach of Warranty of Habitability · 7th Cause of Action: Nuisance · 8th Cause of Action: (Violation of) Business and Professions Code section 17200, et seq. · 9th Cause of Action: Negligence · 10 th Cause of Action: Breach of Con...

Excerpt: ...f FW CA-Granada Village, LLC and Defendants Tavistock Freebirds, LLC dba FreeB!rds World Burrito (“Tavistock”) and People's Party LLC dba Gorditos (“People's Party”) entered into a written agreement to lease the property located at 17947 Chatsworth Street, Granada Hills, CA 91344 from Plaintiff. Defendant Gloria Govan (“Govan”) entered into a written guaranty with Plaintiff to personally guarantee the obligations of Tavistock and Peop...

Excerpt: ...e conditional, giving defendant three days to pay $50,450.00 in back rent or quit possession; the other unconditional, requiring defendant to quit regardless of whether current in paying rent, because defendant allegedly breached provisions of the lease requiring it not to maintain a nuisance or commit waste. Defendant argues that basing the action on two separate notices served the same day is improper because the two notices are confusing and c...

Excerpt: ...air Business Practices Under Business & Professions Code 17200, et seq. RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions of the First Amended Complaint contained in or related to the 3 rd and 4 th causes of action. RULING: The demurrer is overruled as to the 2 nd cause of action, sustained without leave to amend as to the 3 rd cause of action, and sustained with 20 days leave to amend as to the 4 th cause of action. The mo...

Excerpt: ...s 82, 92, 94, 106-111, 119-121 and 123-126 and compelling Defendant to produce a complete and unredacted set of documents previously produced. Additionally, Plaintiff requests sanctions against Billy Beez in the amount of $2,000.00. RULING: The request to compel further responses is granted. Further responses are due within 20 days. Sanctions are imposed against Defendant Billy Beez USA, LLC in the amount of $2,000.00. Sanctions are payable withi...

Excerpt: ...to the entire First Amended Complaint: 1. Violations of Civil Code 1695, et seq. 2. Violations of Civil Code 2945, et seq. 3. Breach of Fiduciary Duty 4. Aiding and Abetting Breach of Fiduciary Duty 5. Constructive Fraud 6. Violations of the Real Estate Settlement Procedures Act (RESPA) 7. Unfair Practices Under California Business & Professions Code 17200, et seq. 8. Quiet Title 9. Violation of Racketeer Influenced and Corrupt Organization Act (...

Excerpt: ...nantability (CC 1941.1 & H&S 17920.3, et seq.) 3. Breach of Warranty of Quiet Enjoyment* 4. Negligence 5. Intentional Misrepresentation 6. Nuisance 7. Breach of the Covenant of Good Faith and Fair Dealing *The notice of the demurrer at one point indicates that the demurrer addresses the 3 rd cause of action, but then does not specifically list the 3 rd cause of action as being part of the demurrer. (See Notice, p.2:7-8, p.2:10-27). Also, the memo...

Excerpt: ...ney fees; and (4) an additional $5,000.00 for Plaintiff's counsel to review Defendant's Opposition, draft the Reply brief, and attend the hearing on this Motion. RULING: The motion is granted, in part. Plaintiff is awarded $17,500.00 in attorneys' fees. This action arose out of Plaintiff Natalie De Leon's claim that the 2018 Hyundai Sonata vehicle she leased, which was manufactured and distributed by Defendant Hyundai Motor America, suffered from...

Excerpt: ... Defendants' Writs of Mandamus asking the Court of Appeal to: (1) Issue a peremptory writ of mandate, directing the Superior Court to vacate its June 29, 2021 Order granting Defendants' Demurrer and Motion to Strike (2) Issue an alternative writ directing Superior Court to set aside and vacate its Order of June 29, 2021 denying Defendants' Demurrer and Motion to Strike, and (3) enter a new and different order granting Defendants' Demurrer and/or ...

Excerpt: ...nant Canyon Theatre Guild's First Amended Cross-Complaint. RULING: The motion is granted as set forth below. On 2/14/20, Musette Hart filed this action against Canyon Theatre Guild for: (1) Defamation; (2) Wrongful Termination in Violation of Public Policy; and (3) Violation of Whistleblower Protection Act (Labor Code 1102.5). On 5/28/20, Canyon Theatre Guild filed a cross-complaint against Musette Hart and her husband, Timothy Hart, alleging sev...

Excerpt: ... to amend. 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 has failed to bookmark the declaration and exhibi...

Excerpt: ...ving defendants. RULING: The motion is granted. This action arises out of a dispute between a son, Plaintiff Brett C. Flaharty (Plaintiff), and his mother, Defendant Bonnie Lee Miller (Miller), regarding Miller's purported breach of a contract whereby she allegedly agreed to: provide Plaintiff with a limited scope Power of Attorney to pursue damages against their attorneys in a case which was settled; irrevocably place Plaintiff back into Miller'...

Excerpt: ...Defense of Statute of Limitations to be tried first before any other issues in the case pursuant to CCP 597. RULING: The motion is granted. This action arises out of Plaintiffs' purchase of real property located at 29824 Arroyo Oak Lane, Castaic, CA 91384 from Defendants Robert Kelly and Debbie Kelly (the Sellers). The Sellers were represented by Defendant Debbie Kelly working under the brokerage of Defendant Re/Max of Santa Clarita. (SAC ¶13). ...

Excerpt: ...1/21. Additionally, Plaintiffs request sanctions against Defendant or his counsel of record in the amount of $2,030.00 RULING: The request to compel further responses is granted. Further responses are due within 30 days. Sanctions are denied. This action arises out of disputes between neighbors. Plaintiffs Alex Alvarado and Patricia Alvarado and Defendants Michael Meadows and Althea Meadows own neighboring properties in a common interest developm...

Excerpt: ...torney fees; and (4) an additional $5,000.00 for Plaintiff's counsel t o review Defendant's Opposition, draft the Reply brief, and attend the hearing on this Moti on. RULING: The motion is granted, in part. Plaintiff is awarded $35,000.00 in attorneys' fees. 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 REQUIREM...

Excerpt: ... Maclay Healthcare, LLC dba Maclay Healthcare Center's (Defendant) motion for summary judgment. (See 7/12/21 Minute Order). On 7/13/21, this Court signed an order granting Defendant's summary judgment. On 7/21/21, Defendant filed and served a Notice of Entry of Judgment. On 8/16/21, this Court entered judgment in favor Defendant and against Plaintiff. On 7/23/21, Plaintiff filed and served the instant Motion for Reconsideration seeking an order r...

Excerpt: ...d. This action arises out of Plaintiff's claim that Defendant Newhere, Inc. (Defendant) breached a written commission agreement between the parties and acted fraudulently with regard to the agreement. On 5/3/21, Plaintiff filed this action for: (1) Breach of Contract and (2) Fraud. Defendant now demurs to the entire complaint. The elements of a breach of contract cause of action are: (1) the contract, (2) plaintiff's performance or excuse for non...

Excerpt: ... to stay execution, recall and quash writ of possession. RULING: The motion is denied. This is an unlawful detainer action for property located at 25883 Tulip Grove St., Stevenson Ranch, California 91381. On 7/7/21, Plaintiffs and Defendants executed an Unlawful Detainer Stipulation and Judgment (Stipulation and Judgment) which was signed by the Court on 8/5/21. Pursuant to the Stipulation and Judgment, Defendants agreed to vacate the property no...

Excerpt: ...s plans during the pendency of this action. RULING: The application for preliminary injunction 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 fo...

Excerpt: ...er is sustained with 20 days leave to amend. 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). Cross-Complainant has fai...

Excerpt: ...st Defendant, 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 not longer pay for his college expenses. Plaintiff also makes vague references to attempts to see his son in the past, an assault on Plain...

Excerpt: ...al 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 David Trejo (Plaintiff) has failed to bookmark the declaration and exhibits attached to the opposition. Failure to comply wit...

Excerpt: ..., access to her i-Cloud and/or other electronic backup storage, and her social media accounts (Instagram and Snapchat) for forensic examination and extraction/download by third party forensic examiner Archer Hall - to Defendant's Requests for Production (Set Two), Request Nos. 71-76, 78-98, 105, 134-135, & 164-165. Regarding electronic data extraction and social media account download, the District seeks such examination and extraction limited to...

Excerpt: ...Inc.'s (IPlayco) Requests for Production of Documents, Set 1, Numbers 33-35, 46 and 48 and production of documents pursuant thereto within 10 days. Additionally, IPlayco requests an order compelling Plaintiff and his attorneys of record to pay sanctions to IPlayco in the amount of $800.00 within 10 days of the hearing on this motion. RULING: The request to compel further responses and production as to Requests 33, 34, 35 and 48 is granted. Furthe...

Excerpt: ...aim that on 2/3/12, when Plaintiff was a 10-year old student at Germain Elementary School in Defendant Los Angeles Unified School District (LAUSD), Plaintiff was sexually battered by Defendant Paul Adame (Adame), a buildings and grounds worker employed by LAUSD, during school hours. The operative Second Amended Complaint contains causes of action for: (1) Sexual Battery, (2) Intentional Infliction of Emotional Distress and (3) Negligence. On 4/21...

Excerpt: ...he causes of action in the First Amended Cross-Complaint. RULING: The demurrer is overruled and the motion to strike is denied. Answer is due within 20 days. This action arises from a business relationship between Plaintiff/Cross-Defendant Nakhla & Associates, Inc. (NAI) and Defendant/Cross-Complainant Fiedler Group (Fiedler). NAI and Fiedler are engineering firms. Fiedler retained NAI on certain projects to serve as Fiedler's mechanical, electri...

Excerpt: ...claratory Relief 3. Slander of Title RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the following portions of the complaint: (1) p.9:5-6 “For costs of suit herein incurred including attorney's fees against all Defendants” and (2) p.9:17-18 “For punitive and exemplary damages against Defendants for their despicable conduct.” RULING: The demurrer is overruled and the motion to strike is denied. Answer is due within 20 days. The par...

Excerpt: ...es (Penal Code 11164‐11174.3) 3. Negligence 4. Intentional Infliction of Emotional Distress 5. Assault and Battery RULING: The demurrer is sustained with 20 days leave to amend as set forth below. This action arises out of Plaintiff's claim that while he was a student at San Fernando Senior High School he was violently touched by Defendant Armando Gomez (Gomez), an employee of Defendant Los Angeles Unified School District (LAUSD), on multiple o...

Excerpt: ... corporation (Leung Corp) and Eric W. Leser O.D., a professional corporation (Leser Corp). RULING: The motion is granted. Plaintiffs 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 Elect...

Excerpt: ...ka Khosro Reghabi (Reghabi) to appear in person before the Court, pursuant to CRC 3.670(f)(2), to show cause why the Court should not sanction Reghabi in the amount of $8,415.00 under CCP 177.5, 2023.030(a), 2023.050(a) and 2031.310(i) and why it should not order Reghabi to provide written notice of sanctions to the State Bar; (2) An order requiring Reghabi to provide further responses to Mirshojae's Requests for Production, without objections, a...

Excerpt: ...s a collections action on a personal loan account. On or around 5/22/18, Defendant Martin Adiwibowo (Defendant) applied for and received a loan in the amount of $61,669.43 from Plaintiff SoFi Lending Corp. (Plaintiff). (Separate Statement (SS) 1). As part of the loan process, Defendant executed a loan agreement. (SS 2). The loan agreement set forth all of the terms and conditions for the loan, including Defendant's promise to make regular monthly...

Excerpt: ...ned by Defendant Defendant, San Francisco Townhouse Association (HOA). On an unspecified date prior to January 10, 2019, Defendant HOA hired Defendant Imperial Roofing, Inc. to conduct certain unspecified repairs on the roofs of the Plaintiffs' townhomes. On January 10, 2019, a roofer allegedly started a fire on the roof while conducting repairs, which led to the arrival of the fire department. The subsequent efforts of the fire department led to...

Excerpt: ...ff alleges the vehicle suffered from a number of defects in the brakes and transmission, which defendants were unable to repair after numerous attempts. Plaintiff requested a new vehicle or repurchase. On October 10, 2018, Plaintiff filed a complaint for breach of express warranty – Song-Beverly Consumer Warranty Act, breach of implied warranty - Song-Beverly Consumer Warranty Act, and violation of Civil Code section 1793.2. Defendant answered ...

Excerpt: ... demurrer is overruled. Answer is due within 20 days. This action arises out of the alleged financial elder abuse of Plaintiff Christine Lee who at all relevant times was over the age of 65. (Compl. ¶2). On 10/23/17, Defendant TLC Home Care Services (TLC) agreed to provide home care services for Wallace Lee, Plaintiff's husband. (Compl. ¶10). TLC assigned its employees, Defendants Gerry Cruz and John Paul Angeles, to provide the home care servi...

Excerpt: ... request Court approval of the PAGA portion of Plaintiff's Complaint as to Plaintiff individually, as the sole aggrieved employee, and further request that the Court dismiss the remainder of the PAGA claim as to other alleged aggrieved employees, without prejudice. RULING: The unopposed motion is granted. Plaintiff Vigen Zadourian (Plaintiff) was employed by Defendant Forrest Machining, Inc. (Defendant) from 2019 until April of 2020. On 4/30/20, ...

Excerpt: ... (west and east) easements on Dormer Road, Agua Dulce, CA 91390; (2) from permitting water, soil, debris, etc. to being diverted from the natural water course on Defendants' property to overflow and seep onto Plaintiffs' property; (3) from allowing railroad ties, tree trunks, rocks, dirt, mulch, steel stakes, No Trespassing signs, debris, etc. from being deposited on and blocking Plaintiffs' use of the easement on the Defendants' property; and (4...

Excerpt: ...a protected activity, i.e., an act in furtherance of a person's right of free speech in connection with a public issue. (See Code of Civil Procedure § 425.16(b)(1).) Second, if such a showing is made, the Court determines whether the opposing party has demonstrated a probability of prevailing on the claim. The opposing party demonstrates this by showing the challenged pleading is legally sufficient and supported by a sufficient prima facie showi...

Excerpt: ...s a safe location relative to the surrounding areas", to whom CW and/or Cunningham made that representation, and how (whether orally or in writing.) Second, Herban must allege facts demonstrating why any reliance on that purported misrepresentation was justifiable, in light of the express language in its lease that (1) Herban was relying solely on its own investigation as to the nature, quality, and character of the Premises and CW "had no respon...

Excerpt: ...ducts Liability (not alleged against Moving Parties) 5. General Negligence (not alleged against Moving Parties) 6. General Negligence – Loss of Consortium RELIEF REQUESTED IN MOTION TO STRIKE: An order striking certain portions of the First Amended Complaint: (1) Prayer No.7, p.35:11-12, “For Punitive and exemplary damages, except as to the POOL MAINTENANCE DEFENDANTS”; (2) The entire Third Cause of Action for “Gross Negligence and/or Rec...

Excerpt: ...t”) for a gross settlement amount of $1,000,000.00 on the grounds that the Settlement Agreement is fair, adequate and reasonable; (2) Approving an Attorney Fee Award in the amount of $350,000 to Justice Law Corporation (“Class Counsel”) for 546.1 hours of attorney time spent working on the case from pre-filing investigation to the final fairness hearing; (3) Approving a Cost Award in the amount of $11,229.74 to Class Counsel for actual liti...

Excerpt: ...ompel the 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 order and CCP 2031.280(d)(l ), imposing sanctions in the amount of $3,710.00 against NAI and its counsel of record, Andrew J. Kulick, sanctions against NAI and its counsel of record, Andrew J. Kulick, in the amount of $250 for failure to respond in ...

Excerpt: ...forth therein for: (1) Breach of Contract, (2) Fraud, (3) Fraud in the Inducement, (4) Breach of Fiduciary Duty, (5) Negligence, (6) Rescission, (7) Conversion, (8) Failing to Register Securities, (9) Failing to Obtain Licensing and (10) Securities Fraud in favor of Defendants RE/MAX Olson & Associates, Inc. and Tammy Delwarte. RULING: The motion is denied. Despite being warned to comply with the “TECHNICAL REQUIREMENTS” set forth in the 5/13...

Excerpt: ...with 20 days leave to amend. Although the reply was filed and served 2 days late, it was considered by the Court. CCP 1005(b); CRC 3.1300(d). However, Defendants are warned that the Court may exercise its discretion to refuse to consider future late filed papers. See CRC 3.1300(d). This action arises out of dispute over property located at 28212 Kelly Johnson Parkway, Units 215 and 225, Santa Clarita, California 91355 (Property). Defendant Witkin...

Excerpt: ....16. (See Motion p.8:17; Reply p.10:15-16). RULING: The motion is granted. 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. Liker filed the underlying complaint in this action for Breach of Contract. On 10/20/20, Liker served a Lis Pendens on Defendants/Cross-Complainants Roshmore Development, Inc. and Cochran, In...