Excerpt: ...tion Code 2. Common Law Negligence 3. Negligent Supervision 4. Intentional Infliction of Emotional Distress 5. Negligent Infliction of Emotional Distress 6. Battery 7. Sexual Battery 8. Parental Liability for Tort of their Child Under CC 1714.1 RELIEF REQUESTED IN MOTION TO STRIKE: An order striking: (1) ¶23, p.6:18-22; (2) ¶24, p.6 (citation to Education Code 234, 234-1, 234-2, 234-3 and 234.5); and (3) ¶31, p.8:1-5. RULING: The demurrer is s...

Excerpt: ...isrepresentation.Deceit and/or Common Law Fraud 4. Negligent Infliction of Emotional Distress 5. Breach of Fiduciary Duty 6. Abuse of Process 7. Attorney Malpractice and Breach of Fiduciary Duty (not alleged against Moving Parties) 8. Breach of Contract 9. Quiet Title 10. Unjust Enrichment RELIEF REQUESTED: An order striking the entirety of ¶¶44, 53, 54, 77, 95 and 96 regarding punitive and exemplary damages in the Second Amended Complaint. Add...

Excerpt: ...t 1, Numbers 1-76, 83-90, 99-101 and 103- 105. Additionally, ICON requests sanctions in the amount of $4,935.00 against Rosenbaum and his counsel of record. RULING: The request to compel further responses is granted. Further responses are due within 20 days. The request for sanctions is denied. This action arises out of Defendant/Cross-Complainant Daniel Rosenbaum's (Rosenbaum) hiring of Plaintiff/Cross-Defendant Nutcracker, Inc. dba ICON Inc. an...

Excerpt: ... is denied. This action arises out of a residential real estate purchase transaction. Defendants Melvin James Burrell, Capital Executive Realty, Inc. and Regal Services Group were the broker and agent for the seller of the property. Plaintiff's counsel failed to appear at the 10/8/20 Case Management Conference. As a result, the Court set an Order to Show Cause as to why sanctions should not be imposed for Plaintiff's failure to appear for 1/14/21...

Excerpt: ...mmon Law Fraud 4. Negligent Infliction of Emotional Distress 5. Breach of Fiduciary Duty 6. Abuse of Process 7. Attorney Malpractice 8. Breach of Contract (not alleged against Medioni) 9. Quiet Title 10. Unjust Enrichment RELIEF REQUESTED: An order striking the 9 th and 10 th causes of action and the prayers for punitive damages, exemplary damages, injunctive relief, quiet title and accounting. (SAC ¶¶125-132 and Prayer ¶¶1, 5, 6, 7, 10, 11)....

Excerpt: ...OTION TO STRIKE: An order striking the following portions of the complaint: (1) “General Damages” at p.9:13, (2) “attorneys fees” at p.9:15 and (3) “For punitive and exemplary damages against Defendants for their despicable conduct” at p.9:17-18. RULING: The demurrer is overruled. The motion to strike is granted, without leave to amend, as to “General Damages” at p.9:13 and is otherwise denied. Answer is due within 20 days. Defend...

Excerpt: ... 2. Elder Abuse – Welfare & Institutions Code 15657, 15610.57 3. Wrongful Death *The notice of demurrer only addresses the 1 st and 2 nd causes of action. However, the points and authorities seem to challenge the entire Second Amended Complaint. RELIEF REQUESTED IN MOTION TO STRIKE: An order striking ¶54 and portions of the Prayer for Relief (¶¶1, 2, 3 and 5 of the Prayer). RULING: The demurrer is sustained with 20 days leave to amend as to ...

Excerpt: ...laint constitutes protected expression as defined by CCP 425.16 and (2) awarding Defendant her attorney's fees and costs as a prevailing party in the amount of $6,301.82. RULING: The hearing on the motion is denied. On 9/25/20, Plaintiffs Craven Moorehead and Black Wings Media, Inc. filed this action against Defendant Aria Lee alleging a single cause of action for defamation – libel per se. The Complaint alleges that Defendant published a video...

Excerpt: ... 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). Defendants John Thomas, LLC; John Refaat Habashy and Claudine George Thomas (“Defendants”) have failed to bookmark the exhibits attached to th...

Excerpt: ...ULING: The demurrer as to the 1 st, 2 nd and 4 th causes of action is sustained without leave to amend. The demurrer as to the 3 rd cause of action is sustained with 20 days leave to amend. This action arises out of a contract between Plaintiff/Cross-Defendant Helen Evans and Defendant/Cross-Defendant Cali One Services, Inc. for the installation of solar panels on Evans' real property located at 16745 Osborne Street, Northridge, California 91343....

Excerpt: ...NG: The motion is granted. This action arises out of Plaintiff David Alomasti's (Plaintiff) residency at Defendant Maclay Healthcare LLC dba Maclay Healthcare Center's (Defendant) facility between 5/25/17 and 6/24/17 for further rehabilitation and antibiotic treatment following Plaintiff's hospitalization at Mission Community Hospital. (SAC ¶¶9-10). Plaintiff alleges that Defendant's staff provided negligent care and treatment to him during his...

Excerpt: ...anted. The motion is denied. On October 27, 2008, pursuant to CCP 1710.25, Plaintiff Capitol Indemnity Corporation (Plaintiff) domesticated in California a Nevada judgment against Defendant Gary G. Topolewski (Topolewski) and Mark H. Topolewski. The judgment was entered in the Los Angeles Superior Court, Northwest Branch, Case #LS0l7941. On September 27, 2017, Plaintiff filed an application for and renewal of judgment and on October 16, 2017, the...

Excerpt: ... of the Ralph Act, CC 51.7 5. Violation of the Bane Act, CC 52.1 6. Negligent Infliction of Emotional Distress RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding punitive damages contained in the 1 st (¶25), 2 nd (¶31), 4 th (¶42) and 5 th (¶48) causes of action and the prayer (No.3) for punitive damages. RULING: The demurrer is sustained without leave to amend as to the 3 rd and 4 th causes of action and overruled ...

Excerpt: ...re 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). Defendants have failed to bookmark the declarations and exhibits attached thereto f...

Excerpt: ...ELIEF REQUESTED: An order granting judgment on the pleadings as to Plaintiffs' First Amended Complaint pursuant to CCP 438. RULING: The motion is 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 (GND...

Excerpt: ...On October 22, 2020, the parties represented to the court that the parties settled. Plaintiffs filed their memorandum of costs on May 21, 2021. RULING: Granted. Plaintiffs move for $35,609.81 in attorney fees. Plaintiffs move for fees pursuant to the Song- Beverly Consumer Warranty Act. (Civ. Code, § 1794, subd. (d).) Defendant in opposition contends that the requested fees are excessive, and not reasonably incurred. Defendant specifically chall...

Excerpt: ...Indemnity 2. Breach of Contract RULING: The motion is granted with 20 days leave to amend. 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, electrical, and plumbing design professional. On 5/29/20, NAI filed its co...

Excerpt: ...10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 27, 28 and 29. Additionally, Defendant requests an order imposing sanctions on Plaintiff and its counsel, Steven D. Cribb, Esq. and Andre J. LeLievre, Esq., in the amount of $3,015.80. Further, Defendant requests an order imposing issue, evidence and/or terminating sanctions against Plaintiff for its willful failure to comply with the Court's 9/28/20 and 2/17/21 orders directing Plaintiff to...

Excerpt: ... summary adjudication of its 1 st cause of action for Quiet Title, its 2 nd cause of action for Declaratory Relief, its 3 rd cause of action for Removal of Cloud on Title and its 4 th cause of action for Violation of the UCL (B&P 17200, et seq.). Additionally, Canyon View seeks an order granting summary judgment, or in the alternative for summary adjudication in favor of Canyon View on each of the eight causes of action in Lakeview Loan Servicing...

Excerpt: ...tion, installation, or modification of improvements on their property until they have first submitted revised plans and specifications in full compliance with the Association's Governing Documents, including the CC&Rs and Architectural Standards, and such plans have been approved; (2) Requiring Defendant to participate with their neighbors, the Grays, in the arbitration process required by CC&Rs Article XIII, Section 9, to resolve the ongoing dis...

Excerpt: ...Court's calendar and to extend the discovery cut-off and all procedural deadlines to correspond to the new trial date. RULING: The requests to continue the trial date and to extend the discovery cut-off and all procedural deadlines are denied. On 12/15/17, Plaintiff Cross Creek Village Homeowners Association (Association) filed this action (YC072542) against Defendant Alexander Cvetkovich (Cvetkovich). On 3/19/19, Cvetkovich filed an action again...

Excerpt: ...f Harue J. Marsden, and derivatively on behalf of Marsden & Leung, a professional corporation; and Alissa Wald NOTICE: ok Demurrer is to the 2 nd derivative cause of action and to the 5 th, 6 th and 7 th individual causes of action: DERIVATIVE CAUSES OF ACTION 1. Breach of Fiduciary Duty 2. Fraud and Deceit 3. Corporate Mismanagement and Waste 4. Accounting 5. Declaratory Relief INDIVIDUAL CAUSES OF ACTION 1. Dissolution of Corporation 2. Equitab...

Excerpt: ...ta Susana Pass Road and Topanga Canyon Boulevard. At approximately 1:20 a.m., Plaintiff, who was traveling northbound on Topanga Canyon Boulevard, was hit head on by Defendant Eric Andrew Salinas, Jr. after he crossed over the center line. Plaintiff contends Salinas crossed the center line due to a dangerous condition maintained, owned and controlled by Defendant State of California, by and through the Department of Transportation and Defendant C...

Excerpt: ...ions against Mazen and his attorney, Chijoke Ikonte of Akudinobi & Ikonte, in the amount of $608.00; (2) An order compelling Defendant Mazen Hussein to provide verified responses, without objections, to Defendant William S. Union High School District's Special Interrogatories, Set 1. Additionally, the District requests sanctions against Mazen and his attorney, Chijoke Ikonte of Akudinobi & Ikonte, in the amount of $608.00; (3) An order compelling...

Excerpt: ...llectively, Cross-Defendants) and against Cross-Complainant Anthony Hamilton with regard to the following issues: (1) Hamilton's 8 th Cause of Action for Private Attorneys General Act (Labor Code §2699, et seq.) is barred by the applicable statute of limitations, CCP 340(a), as to Cross-Defendant Payless Water Heaters & Plumbing, Inc.; (2) Hamilton's 8 th Cause of Action for Private Attorneys General Act (Labor Code 2699, et seq.) is barred by t...

Excerpt: ...(CCRC) day care center from February 2016 to April 2016, Defendant Martina Castrellon abused him when she escorted him to the restroom. Martina Castrellon was a teacher's assistant at Child Care Resource Center, Inc.'s day care center. On 11/9/20, CCRC's motion for summary judgment was granted. In the instant motion to tax costs, Plaintiff indicated that the action was still pending against Defendant Castrellon. (See Motion, p.5:7-8). However, th...

Excerpt: ...ond to Plaintiff's three Requests for Production of Documents (Ex.A, B, C) until there is a ruling on Defendants' demurrer set for hearing on 2/16/21. RULING: The motion is denied. Plaintiff's 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...

Excerpt: ...ngelica J. Humphrey: 1. Medical Malpractice (CCP 377.30 and CCP 377.60) 2. Elder Abuse – Welfare & Institutions Code 15657, 15610.57 3. Wrongful Death RELIEF REQUESTED IN MOTION TO STRIKE: An order striking ¶54 and portions of the Prayer for Relief (¶¶1, 2, 3 and 5 of the Prayer). RULING: The demurrer is sustained without leave to amend as to the 2 nd cause of action and overruled as to the 3 rd cause of action. The motion to strike is moot ...

Excerpt: ...ting RELIEF REQUESTED IN MOTION TO STRIKE: An order striking ¶3 of the Prayer regarding attorneys' fees as permitted by statute. RULING: The demurrer is sustained and the motion to strike is granted, both without leave to amend. This action arises out of Plaintiff's claim that he and Defendants entered an oral contract in November 2015 whereby Plaintiff's company would join with and form a branch of Defendants' construction company. (FAC ¶10). ...

Excerpt: ...r to list Moorehead's true name as a cross-defendant. RULING: 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 Electronic Filing for Civil (particularly, bookmarking declaratio...

Excerpt: ...ndant Ashley Jauregui. This action arises out of a dispute regarding the ownership of real property located at 15710 Larkspur Street, Sylmar, California. On 10/19/20, this Court granted Defendant Ashley Jauregui's motion to strike allegations regarding punitive damages and granted Plaintiff leave to amend with regard to such damage claim. On 11/9/20, Plaintiff filed his Second Amended Complaint. On 1/13/21, Defendant Ashley Jauregui (Defendant) f...

Excerpt: ... 9/25/20, Plaintiffs Craven Moorehead and Black Wings Media, Inc. filed this action against Defendant Aria Lee alleging a single cause of action for defamation – libel per se. The Complaint alleges that Defendant published a video on Twitter which falsely stated that Moorehead, an adult film director, attacked and sexually abused Plaintiff, an adult film actress, on two occasions in 2019. Plaintiffs further alleged that Defendant made similar d...

Excerpt: ...lision. Plaintiff alleges she was acting as a volunteer and/or agent of Defendant American National Red Cross at the time of the collision, and therefore covered by insurance issued by Defendant Old Republic General Insurance, Inc. with claim adjustment service provided by Defendant Sedgwick Claims Services, Inc. Defendants denied the claim on grounds that no uninsured motorist policy coverage was issued to American National Red Cross. On Februar...

Excerpt: ...c. for a total value of $88,034.39 and $141,955.24. On April 12, 2019, Plaintiff, pro se, filed a complaint for Open Book Account and Services Rendered. On October 8, 2019, Plaintiff filed its first amended complaint for Open Book Account and Services Rendered. On October 10, 2019, a peremptory challenge was filed in Department 47. The parties also participated in non-binding arbitration. The award was rejected by Defendants. On January 28, 2020,...

Excerpt: ...d a 2016 model year Honda Civic 1.5T vehicle. Plaintiff alleges the vehicle suffered from a number of defects in the interior, audio system, electrical, display, and connectivity, which defendants were unable to repair after numerous attempts. On October 22, 2019, Plaintiff filed a complaint for breach of express warranty – Song-Beverly Consumer Warranty Act, breach of implied warranty - Song-Beverly Consumer Warranty Act, and three other viola...

Excerpt: ...um. On December 21, 2017, SDI Industries, Inc. filed a cross-complaint for indemnity, contribution, declaratory relief and duty to defend against Intelligrated Sytems, LLC. On June 8, 2018, Nordstrom, Inc. filed a complaint-in-intervention against SDI Industries, Inc. and Intelligrated Sytems, LLC for recovery of paid Workers' Compensation benefits. On September 12, 2018, Plaintiffs substituted in Intelligrated Sytems, LLC for Doe 1. On November ...

Excerpt: ...harles Allen's (Plaintiff) claim that he was wrongfully terminated by Defendant Magic Mountain, LLC (Defendant). Plaintiff alleges that on or around 8/1/19, Defendant hired Plaintiff as a Park Services Attendant at Magic Mountain in Valencia, California. (Compl. ¶17). As a non-exempt employee, Plaintiff contends that he performed all his job duties satisfactorily, but Defendant wrongfully terminated him on or about 12/27/19. Id. Plaintiff allege...

Excerpt: ...MOTION TO STRIKE: An order striking various portions of the First Amended Complaint; each cause of action in the First Amended Complaint; the First Amended Complaint in its entirety as it relates to attorney's fees and costs and claims for punitive damages. RULING: The demurrer is overruled. The motion to strike is denied. Answer is due within 20 days. This action arises out of Plaintiffs' claim that Defendant breached several contracts between t...

Excerpt: ...sically personally appear before this Court and show cause why he should not pay monetary sanction in the amount of $4,610 for abusing the discovery process in this action. Additionally, Judgment Creditor Hamid Mirshojae requests an order compelling Reghabi to provide responses to the Requests for Production propounded by Mirshojae, and produce all documents sought by the Requests. RULING: The motion is granted as set forth below. Responses/furth...

Excerpt: ...and CRC 8.278(d)(2). RULING: The unopposed motion is granted. Defendants' Request for Judicial Notice (RJN) is granted. This action arose out of Defendants' legal representation of Christian Kepler in an employment lawsuit against DC Partners, Inc. (“DC”) of which Plaintiff was/is the President and CEO (the “Kepler Action”). In the Kepler Action, it was alleged, among other things, that DC had violated labor statutes in relation to Kepler...

Excerpt: ... requests an award of sanctions in the amount of $3,560.00 against Plaintiff and/or Plaintiff's counsel, Michael J. Libman, the Law Offices of Michael J. Libman, Gary Berkovich and/or the Law Offices of Gary Berkovich. RULING: The motion is granted as set forth below. Further responses are due and sanctions are payable within 20 days. This action arises out of Plaintiff's claim that she suffered injuries in two separate, unrelated incidents. Plai...

Excerpt: ...intiff's Complaint is denied. The alternative request to strike certain portions of Plaintiff's Complaint is also denied. Intervenor's Request for Judicial Notice (RJN) is granted. The declaration of Plaintiff's attorney, Narak Mirzaie, is not signed under penalty of perjury. See CCP 2015.5. Even if the declaration was properly executed, Intervenor's objections to portions thereof are valid. As such, Intervenor's evidentiary objections, numbers 1...

Excerpt: ...e 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 (particularly bookmarking). See also CRC 3.1110(f)(4). Failure to comply with these requirements in the future may result in papers being rejected, matters being placed off ...

Excerpt: ... th, 31 st and 32 nd affirmative defenses in Defendants Jeffrey Kentner and Greenwolf Builders' First Amended Answer to Plaintiff's Second Amended Complaint. The demurrer is otherwise overruled. This is an action by the owner of a condominium unit against the homeowners' association (HOA), the HOA's counsel, and others, including Defendants Jeffrey Kentner and Greenwolf Builders (collectively, Defendants). Greenwolf is a contractor hired by the H...

Excerpt: ... malpractice action arises prior to the trial of the legal malpractice claims. RULING: The motion is denied. 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 Filing fo...

Excerpt: ...s of the First Amended Complaint. Specifically, LAUSD seeks to strike portions of ¶12 (p.3:11) and ¶18 (p.4:8) which state “Gov. Code 815.2.” RULING: The demurrer is sustained with 20 days leave to amend. The unopposed motion to strike is granted without leave to amend. This action arises out of Plaintiff's claim that on 2/3/12, when Plaintiff was a 10-year old student at Germain Elementary School in Defendant Los Angeles Unified School Dis...

Excerpt: ...Misrepresentation 4. Breach of Oral Contract 5. Breach of Written Contract 6. Promissory Estoppel RELIEF REQUESTED IN MOTION TO STRIKE: An order striking ¶4 of the Prayer for punitive damages in relation to the 3 rd cause of action. RULING: The demurrer to the 2 nd, 4 th, 5 th and 6 th causes of action is overruled. The demurrer to the 3rd cause of action is sustained without leave to amend. The motion to strike is placed off calendar as moot. A...

Excerpt: ...aintiff's therapist. RULING: The motion is denied, in part, and granted, in part, as set forth below. This action arises out of Plaintiff's claim that Defendant terminated her employment in retaliation for Plaintiff making a complaint to the Federal Trade Commission. Plaintiff alleges that as a result of Defendant's conduct, she “has suffered damages including, but not limited to, loss of salary, commissions, and benefits... .” (Complaint ¶2...

Excerpt: ...ross-Defendant Azniv Michelle Malkhasyan (Malkhasyan) on Malkhasyan's Third Amended Complaint and CSE's Cross- Complaint. Alternatively, CSE requests summary adjudication of: (1) CSE's 1 st cause of action in its Cross-Complaint for Breach of Contract; (2) CSE's 2 nd cause of action in its Cross-Complaint for Declaratory Relief; (3) CSE's 35 th affirmative defense which states Plaintiff's claims are barred because there is no coverage under the P...

Excerpt: ... further removal, construction, installation, or modification of improvements on their property until they have first submitted revised plans and specifications in full compliance with the Association's Governing Documents, including the CC&Rs and Architectural Standards, and such plans have been approved; (2) Requiring Defendant to participate with their neighbors, the Grays, in the arbitration process required by CC&Rs Article XIII, Section 9, ...

Excerpt: .../19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil (specifically, bookmarking declarations and exhibits). See also CRC 3.1110(f)(4). Failure to comply with these requirements in the future ma...

Excerpt: ...was “virtually identical” to a prior action filed by Plaintiff, when the Court granted Defendants' Motions to Set Aside/Vacate Default, in addition to ordering responsive pleadings were to be filed within 30 days, it ordered that a Notice of Related Case was also to be filed within 30 days. Specifically, the Court stated: Responsive pleadings and Notice of Related Case are to be filed within 30 days. In addition to filing the Notice of Relate...

Excerpt: ...atedly and inappropriately rubbing” plaintiff's arms and legs, next proceeded to grab Plaintiff's penis and testicles without “medical justification.” Dr. Castillo then began to digitally penetrate Plaintiff's anus. During the course of this conduct, Dr. Castillo allegedly rubbed his own genitals on Plaintiff's body for purposes of sexual gratification. Notwithstanding the end of the conduct in the examination room, Dr. Castillo then remove...

Excerpt: ...e hearing will be continued. These are two consolidated actions, the “Mirshojae Case” (LC015208) and the “Reghabi Case” (LC106904). In the Mirshojae Case, Hamid Reza Mirshojae (Hamid) sued Khosro Reghabi aka Ross K. Reghabi dba Southern California Law Group (Reghabi) for malpractice, intentional misrepresentation and breach of fiduciary duty. In the Reghabi Case, Reghabi sued Hamid and Ahang Zarin Kelk aka Ahang Mirshojae (Ahang) for alle...

Excerpt: ...remises 3. Nuisance 4. Breach of Quiet Enjoyment 5. Intentional Infliction of Emotional Distress RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions of the First Amended Complaint. Specifically, Defendants seek to strike: 1. Page 7, Paragraph 28, which states "Even when the infestation would not stop, Defendants refused neglected and would not disclose to plaintiffs the source of the dangerous conditions at the subject proper...

Excerpt: ...ement Agreement (“Settlement Agreement,” “Settlement,” or “Agreement”), attached as “EXHIBIT 2” to the Declaration of Douglas Han, including, and not limited to, the means of allocation and distribution of funds, and the allocations for penalties under the California Labor Code Private Attorneys General Act of 2004 (“PAGA”), Attorney Fee Award, Cost Award, Class Representative Enhancement Payment, and the Administration Costs;...

Excerpt: ...n 10/15/19 in case number LC106094 against Ahang and in favor of Reghabi. RULING: The motion is denied. These are two consolidated actions, the “Mirshojae Case” (LC015208) and the “Reghabi Case” (LC106904). In the Mirshojae Case, Hamid Reza Mirshojae (Hamid) sued Khosro Reghabi aka Ross K. Reghabi dba Southern California Law Group (Reghabi) for malpractice, intentional misrepresentation and breach of fiduciary duty. In the Reghabi Case, R...

Excerpt: ...es Liability RULING: The demurrer is sustained with 20 days leave to amend. This action arises out of Plaintiff's claim that while in his classroom, a teacher at San Fernando Middle School called her baby, inappropriately touched her hip and proceeded to move toward her vaginal area when she grabbed his arm, twisted it, and told him to stop. (FAC ¶15). The operative First Amended Complaint contains causes of action for: (1) Sexual Battery; (2) I...

Excerpt: ...ENT APPROVAL Original motion filed on 11/25/20. Amended motion filed on 3/4/21. MOVING PARTY: Plaintiff Vigen Zadourian and Defendant Forrest Machining, Inc. RESPONDING PARTY: Proposed Intervenor Nejdeh Vartanian RELIEF REQUESTED: An order approving the Joint Stipulation Re: PAGA Settlement entered between Plaintiff and Defendant, pursuant to California Labor Code 2699(l)(2). RULING: The motion is denied. **** Intervenor's Requests for Judicial N...

Excerpt: ...tion of the Ralph Act, CC 51.7 5. Violation of the Bane Act, CC 52.1 6. Negligent Infliction of Emotional Distress RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding punitive damages contained in the 1 st (¶22), 2 nd (¶27), 4 th (¶37) and 5 th (¶43) causes of action and the prayer (No.3) for punitive damages. RULING: The demurrer is sustained and the motion to strike is granted, both with 20 days leave to amend. Thi...

Excerpt: ... is a single-family dwelling located in Los Angeles County and is commonly known as: 5169 Medina Road, Woodland Hills, CA 91364-1912; legally described as: the Northwest 45 feet measured on the Southwest line of lot 1931, of Tract 6170, as per map recorded in Book 76, Pages 57 to 62, inclusive of Maps, in the office of the county recorder of the County of Los Angeles; Assessor's Parcel Number (APN): 2168-012-083. RULING: The request for an order ...

Excerpt: ...LING: The motion is granted. Plaintiff is ordered to provide a further verified response to Special Interrogatory number 5 in Set 1 within 15 days. This action arises out of the termination of Plaintiff's employment with Defendant Desert Pathology Medical Group, Inc., a subsidiary of Unilab Corporation dba Quest Diagnostics (Quest). Quest employed Plaintiff from 2005 to 10/30/18 as a general pathologist. (Compl. ¶¶11-13). Quest contends that Pl...

Excerpt: ...he Bane Act, CC 52.1 6. Negligent Infliction of Emotional Distress RULING: The unopposed demurrer is sustained without leave to amend. This action arises out of an incident that occurred at a Trader Joe's store in Chatsworth, California. Plaintiff alleges that on 1/11/20, when he attempted to leave the store with his purchased groceries, an employee of Defendant Trader Joe's, Defendant/Moving Party Michael Milosevich, placed his body at the end o...

Excerpt: ...its unaccepted offer to compromise under CCP 998, and based on its reconveyance of the deed of trust recorded on 5/11/16, and its disclaimer of interest under CCP 761.030 filed in its answer, and for an award of attorneys' fees in the amount of $167,353.50 and for post-offer costs and expert witness fees in the amount of $3,041.50 against Plaintiff, and for such other and further relief as the Court deems just and proper. RULING: The motion is de...

Excerpt: ...tions Defendant contends are irrelevant, false and improper and allegations regarding and the prayer for punitive damages in the complaint. Specifically, Defendant seeks to strike: ¶22, p.5:9-18; ¶58, p.10:15-16; p.11:11 of the prayer and any re-alleging and/or incorporation by reference of said allegations and/or paragraphs. RULING: The demurrer is overruled as to the 1 st, 2 nd and 3 rd causes of action and sustained with 20 days leave to ame...

Excerpt: ...ons against Defendant Monument Security, Inc. in the amount of $3,061.50. Alternatively, Plaintiff requests an order imposing evidentiary sanctions by deeming Requests for Admissions, Set 1, to be true. RULING: The request for terminating sanctions against Monument Security Inc. is granted. The answer filed by Monument Security Inc. on 7/23/19 is stricken and default judgment is entered against Monument Security, Inc. The request for monetary san...

Excerpt: ... RELIEF REQUESTED: An order granting summary judgment, or in the alternative summary adjudication, in favor of Defendant Pace Funding Group, LLC (PFG/Defendant) and against Plaintiffs Andrea Carillo, Olga Delatorre, Jorge Hernandez, Gladys Lopez, Walter Orellana, Francisco Marin, Mario Marin, Jose Peraza, Mercedes Rivera, Jose Rivera, Maria Tirado, Rene Quintanilla, Dora Zuniga and Silvia Rodriguez RULING: The motion is denied. This action arises...

Excerpt: ...7. Civil Code 1632 8. Negligent Infliction of Emotional Distress *The causes of action listed in the caption of the First Amended Complaint do not match those in the body of the First Amended Complaint. The causes of action listed above are as they appear in the body of the First Amended Complaint. RULING: The demurrer is sustained with leave to amend. A Second Amended Complaint is due to be filed and served on or before 4/30/21. Based on the 3/1...

Excerpt: ...le the cross- complaint, or an amended cross-complaint. RULING: The motion is granted as set forth below. Defendants World Tech Toys, Inc.; Kevork Kouyoumjian; Vicken Kouyoumjian and Jacques Kouyoumjian are ordered to file their Answer on 3/17/21 after the hearing. Cross-Complainants Kevork Kouyoumjian and World Tech Toys, Inc. are ordered to file their (First) Amended Cross-Complaint on 3/17/21 after the hearing. Defendants and Cross-Complainant...

Excerpt: ...ntation 8. Negligence 9. Breach of Contract 10. Breach of Fiduciary Duty 11. Breach of Contract 12. Equitable Indemnity 13. Contribution *The 8 th and 9 th causes of action are reversed in the caption of the First Amended Cross-Complaint. RULING: The demurrer to the 9 th cause of action is overruled. The demurrer to the 12 th and 13 th causes of action is sustained without leave to amend. Answer is due within 20 days. The parties are reminded to ...

Excerpt: ...ntiff as Document No. 20200292435 in the office of the Los Angeles County Recorder on 3/12/20 against the real property identified as: “Beacon at Hillcrest, Tract 50505, Mason & Sesnon Blvd., X-Str: Arroy (sic) Vista Way, Porter Ranch, CA (Los Angeles County);” and (2) Mechanics' Lien recorded by Plaintiff as Document No. 20200310113 in the office of the Los Angeles County Recorder on 3/17/20 against the real property identified as “Beacon ...

Excerpt: ...thorities. RULING: The motion is granted as set forth below. This action arises out of an 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 Defendant Monument Security Inc. Security Inc. (Monument) guards which Plaintiff alleges were hired and supervised by Orchard Supply Company LLC. The operative Fourth Amended Complaint contain...

Excerpt: ... nd cause of action for defamation (libel) and 3 rd cause of action for misappropriation of name/likeness (CC 3444) in the First Amended Cross-Complaint. Cross-Defendants/the Harts reserve their right to move for an award of attorney fees and costs pursuant to CCP 425.16(c). RULING: The motion is granted. PROCEDURAL HISTORY On 2/14/20, Musette Hart filed this action against Canyon Theatre Guild for: (1) Defamation; (2) Wrongful Termination in Vio...

Excerpt: ... construction to the exterior of his property and requiring Defendant to either obtain approval from Plaintiff for all exterior repairs/modifications to the outside of his property or to remove unauthorized improvements he made to the exterior of his unit. Additionally, Plaintiff seeks reimbursement of all attorney's fees and costs incurred in the preparation and appearance of this motion. RULING: The application/motion is denied. Plaintiff is a ...

Excerpt: ...ch of Covenant of Good Faith and Fair Dealing 3. Negligent Misrepresentation 4. Negligence 5. Promissory Fraud 6. Breach of Third-Party Beneficiary Contract 7. Negligence 8. Breach of Third-Party Beneficiary Contract 9. Breach of Express Warranty 10. Breach of Implies Warranties 11. Negligence The 4 th and 6 th – 11 th causes of action are not alleged against Castaic Village Center, LLC and Robert Stratton/Moving Parties. RELIEF REQUESTED IN MO...

Excerpt: ...E: ok RELIEF REQUESTED: An order striking certain allegations and the prayer for punitive damages contained in the Second Amended Complaint. Specifically, Food 4 Less seeks to strike ¶39, p.8:7-9; ¶47, p.9:17-19; ¶61, p.12:24-26; ¶67, p.14:25-27; ¶75, p.17:7-9; and Prayer for Relief ¶9, p.18:3. RULING: The motion is granted without leave to amend. Defendant Food 4 Less of California Inc. dba Food 4 Less (Food 4 Less) is reminded to review t...

Excerpt: ...rrer is to the entire First Amended Complaint: 1. Wrongful Death 2. Survivor's Action 3. Negligence 4. Negligent Infliction of Emotional Distress* *The 4 th cause of action is not listed in the caption of the Second Amended Complaint, but appears in the body. RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding and the prayer for punitive damages contained in the Second Amended Complaint. Specifically, Primestor seeks to ...

Excerpt: ...ees and Notice of Posting Jury Fees, and to order the case be tried to the Court on 6/21/21 as currently set without a jury. RULING: The hearing will be continued. Plaintiff's Request for Judicial Notice is granted. This action arises out of Defendant's alleged legal malpractice. Plaintiff sustained personal injuries due to a trip and fall incident that occurred on 12/7/12. Plaintiff alleges that Defendant, an attorney she hired, failed to file a...

Excerpt: ...te of Harue J. Marsden, and derivatively on behalf of Marsden & Leung, a professional corporation; and Alissa Wald NOTICE: ok Demurrer is to the entire First Amended Complaint: DERIVATIVE CAUSES OF ACTION 1. Breach of Fiduciary Duty 2. Fraud and Deceit 3. Appointment of Receiver and/or Provisional Director 4. Abuse of Control 5. Corporate Mismanagement and Waste 6. Accounting 7. Declaratory Relief INDIVIDUAL CAUSES OF ACTION 1. Dissolution of Cor...

Excerpt: ...ained without leave to amend. 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, 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 (i.e., table of contents and exhibits bookmarked). Failure t...

Excerpt: ...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 (i.e, documents should be text searchable and properly bookmarked). Failure to comply with these requirements in the future may result in...

Excerpt: ...ant's Form Interrogatories, Set 1; Special Interrogatories, Set 1 and Requests for Identification and Production of Documents and Things, Set 1 as ordered by this Court on 9/28/20. Additionally, Defendant requests an order imposing sanctions on Plaintiff and its counsel, Steven D. Cribb, Esq. and Andre J. LeLievre, Esq., in the amount of $5,035.50. Further, Defendant requests an order imposing issue, evidence and/or terminating sanctions against ...

Excerpt: ...ng Act 5. Discrimination in Violation of FEHA (Gov't Code 12900, et seq) & Unruh Civil Right Act (CC 51, 52.1) 6. RICO Conspiracy 7. Unfair Debt Collection Practice (Rosenthal FDCPA/FDCPA) 8. Fraud 9. Negligence 10. Public and Private Nuisance 11. Negligent Infliction of Emotional Distress 12. Injunctive Relief 13. Declaratory Relief 14. Malicious Prosecution 15. Accounting RULING: The demurrer is overruled as to the 6 th, 9 th, 10 th and 13 th c...

Excerpt: ...'s 1 st cause of action for Declaratory Relief, 2 nd cause of action for Quiet Title and 5 th cause of action for Cancellation of Instruments in Plaintiff's Complaint. Additionally, Cross-Defendants Lakeview Loan Servicing, LLC and M&T Bank seek summary adjudication of the 1 st cause of action for Quiet Title, 2 nd cause of action for Declaratory Relief and 3rd cause of action for Removal of Cloud on Title in Canyon View Limited dba Canyon View E...

Excerpt: ...stress. RULING: The motion is denied. This motion was originally scheduled for hearing on 1/19/21. Due to issues with service of the opposition and lack of reply, the hearing was continued to allow Plaintiff to file and serve a reply, if he chose to do so. (See 1/19/21 Minute Order; Notice of Ruling filed 1/19/21). No reply has been filed. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for...

Excerpt: ...on is denied. The settlement entered between Defendant/Cross-Complainant Gini Wong Rogers (Rogers) and Plaintiff Kasey Navarro is found to be in good faith pursuant to CCP 877.6. Pursuant to CCP 877.6(c), such determination bars any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence o...

Excerpt: ...k Village Homeowners Association (the Association) from acting on behalf of the Association without being elected by ballot, in compliance with the Association's Bylaws, and from billing Plaintiff $448.00 instead of $309.82 and taking any action to foreclose on (selling, attempting to sell, or causing to be sold) Plaintiff's home located at 8650 Gulana Avenue L-3173, Playa Del Rey, CA 90813 based on what Plaintiff claims is an incorrect assessmen...

Excerpt: ...eese, Inc. dba Toppers Pizza Place (collectively, Defendants) as to the following legal contentions and causes of action: (1) Defendants J & S Restaurants, Inc. and XCheese, Inc. are jointly and severally liable in regard to the claims asserted in Plaintiff's complaint; (2) Summary adjudication in favor of Plaintiff on Plaintiff's 5 th cause of action for Failure to Permit Inspection of Employee Records because Defendants failed to meet the deadl...

Excerpt: ...ks an order: (1) compelling Plaintiff to amend his response to Demand 20 to confirm whether he has any records responsive to this request and to the extent he does, to produce them; (2) compelling Plaintiff to (a) supply a privilege log for any documents Plaintiff has withheld as privileged in response to Demands 1-9, 13-15, and 31-38, and/or (b) to the extent Plaintiff did not withhold any responsive documents as privileged, amend his written re...

Excerpt: ...n the attraction experience, her body “shot forward, her eyes forced closed,” she hit her head, and then her body “shot backwards.” Plaintiff exited the attraction and “blacked out.” Plaintiff woke up to a medic asking a series of questions as to her condition. On October 11, 2017, Plaintiff filed a complaint for Premises Liability and Negligence. Magic Mountain, LLC answered on January 16, 2018. On December 3, 2019, Plaintiff substit...

Excerpt: ...al and Defendants Y&E Enterprises, LLC and Eliad Schwartz executing a settlement agreement over a dispute involving the trademark for a product identified as “Oro 24 Karat the Gold Standard of Skincare.” According to Plaintiff, Defendants agreed to stop using the word “Gold” or “Oro” in any trademark. Plaintiff alleges that following execution of the agreement, Defendants in fact utilized and registered a trademark with the word “go...

Excerpt: ...ruction, installation, or modification of improvements on their property until they have first submitted revised plans and specifications in full compliance with the Association's Governing Documents, including the CC&Rs and Architectural Standards, and such plans have been approved; (2) Requiring Defendant to participate with their neighbors, the Grays, in the arbitration process required by CC&Rs Article XIII, Section 9, to resolve the ongoing ...

Excerpt: ...Property 3. Promissory Fraud 4. Promissory Estoppel 5. Quiet Title 6. Imposition of a Constructive Trust 7. Unjust Enrichment 8. Declaratory Relief RELIEF REQUESTED IN MOTION TO STRIKE: An order striking certain allegations in the complaint, regarding punitive damages and fraud and deceit. Specifically, Defendant seeks to strike ¶34, p.9:19-23; ¶55, p.14:10-12 and the Prayer for punitive and exemplary damages in relation to the Third Cause of A...

Excerpt: .... When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. Failure to comply with these requirements in the future may result in papers being rejected, matters being placed off calendar, matters being continued so documents can be resubmitted in compliance with these re...

Excerpt: ...diately turn over to Receiver rents in the amount of $93,221.67. RULING: The request for an order holding Defendant Ahang Mirshojae in contempt for failure to obey this Court's 10/14/20 Order Appointing Receiver Over Properties is denied. The request for an order requiring Defendant Ahang Mirshojae to immediately turn over to Receiver rents in the amount of $93,221.67 is denied. The parties are reminded to review the 5/3/19 First Amended General ...

Excerpt: ...gligent Infliction of Emotional Distress 5. Breach of Fiduciary Duty 6. Abuse of Process 7. Attorney Malpractice and Breach of Fiduciary Duty (not alleged against Moving Parties) RELIEF REQUESTED: An order striking the entirety of ¶¶55, 56, 79 and 88 in the First Amended Complaint. RULING: The demurrer is sustained with 30 days leave to amend. The motion to strike is placed off calendar as moot due to the ruling on the demurrer. The parties agr...

Excerpt: ...Misrepresentation 4. Breach of Oral Contract 5. Breach of Written Contract 6. Promissory Estoppel RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the entire Third Cause of Action for Fraud – Intentional Misrepresentation (¶¶25-35) and ¶4 of the Prayer for punitive damages in relation to the Third Cause of Action. RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off calendar as moot. Answer is d...

Excerpt: ...quest for Production of Documents, Set 1, Numbers 16-19 and 21-22. RULING: The motion is granted as to Requests 16, 17, 18, 21 and 22. Further responses are due within 30 days. The motion is denied as to Request 19. 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...

Excerpt: ...o Defendant Newhall School District's Request for Production of Documents, Set 2, numbers 30, 31, 32, 33, 34 and 35 and Supplemental Pre-Trial Requests for Production of Documents, within 14 days of the ruling on this motion. Additionally, Newhall requests sanctions against Mata and his attorney, Manuel D. Balam of Robins Cloud, LLP, jointly and severally, in the amount of $1,050.00, to be paid within 14 days of the hearing on this motion. RULING...

Excerpt: ...achining, Inc. RESPONDING PARTY: Proposed Intervenor Nejdeh Vartanian RELIEF REQUESTED: An order approving the Joint Stipulation Re: PAGA Settlement entered between Plaintiff and Defendant, pursuant to California Labor Code 2699(l)(2). RULINGS: The hearings are placed off calendar and counsel for Nejdeh Vartanian is ordered to file a Notice of Related Case in this action and 20STCV28138. On 7/27/20, proposed Intervenor Nejdeh Vartanian filed a cl...