Excerpt: ... Ellison, and dismissing the action as to Ellison. RULING: The motion is granted. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. Failure to comp...

Excerpt: ... Failure to Engage in the Interactive Process (Gov't Code 12940(n)) 4. Retaliation (Gov't Code 12940(h)&(m)(2)) 5. Failure to Maintain a Discrimination Free Environment (Gov't Code 12940(k)) RULING: The demurrer is overruled. Answer is due within 20 days. This action arises out of Plaintiff's employment with Defendant as a night lead custodian. Plaintiff's employment with Defendant began in 2006. (FAC ¶5). Plaintiff alleges that he suffered two ...

Excerpt: ...hment. 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, 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 requir...

Excerpt: ...rneys' Fees: 1. Breach of Contract 2. Open Book Account 3. Account Stated 4. Goods Sold and Delivered 5. Conversion 6. Claim and Delivery 7. Promise Without Intent to Perform 8. Intentional Misrepresentation 9. Negligent Misrepresentation 10. On Contractor's License Bond (not alleged against Moving Defendants) RULING: The unopposed demurrer of Defendant Bryan Mitchell to all causes of action alleged against him in the Complaint (1 st – 9 th cau...

Excerpt: ... Strike the Cross-Complaint filed by Cross-Complainants Susan B. Seifert and David G. Frith-Smith and in bringing this motion. RULING: The motion 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, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court...

Excerpt: ...on Services, Inc. pursuant to CCP 425.16. (2) An order dismissing this action for fraudulent transfer against Defendant Dilicia Mendez pursuant to CCP 425.16. (3) An order dismissing this action for fraudulent transfer against Defendant Edwin Mendez pursuant to CCP 425.16. RULING: The motions are 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, par...

Excerpt: ... on Defendants Omar G. Maloof; Michelle Etmyemezian; Scallia Corporation; Bannaoun Engineers; Maloof Companies LLC; and Maloof Naman Builders on 2/5/20 be deemed admitted. Additionally, Plaintiff requests sanctions against Defendant Maloof and his attorney Farah Faramarzi in the amount of $2,810.00. 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. Whe...

Excerpt: ...fore, ordering Plaintiff to prosecute his claims, if at all, through individual arbitration only; and dismissing Plaintiff's complaint against Defendants in its entirety. Alternatively, Defendants request an enforcing the parties' arbitration agreement according to its terms and therefore, instructing Plaintiff to prosecute his claims, if at all, through individual arbitration only; and staying this proceeding pending the completion of the arbitr...

Excerpt: .... 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. Failure to comply with these requirements in the future may result in papers being rejected, ma...

Excerpt: ...oss-Defendant Stuart Sokolin. Alternatively, Defendants and Cross-Complainants seek an order granting summary adjudication of the following issues: Issue 1: The only shareholder to have made a capital contribution to New York Group Financial, Inc. (“NYGF”) is Lucian Seifert, predecessor-in-interest to Susan Seifert, and therefore per the shareholders agreement Seifert is entitled to a preferential distribution as a matter of law. Issue 2: The...

Excerpt: ...ers for punitive damages (¶19, Prayer ¶2) and attorney fees (Prayer ¶3) and a claim for emotional distress (¶16). RULING: The demurrer is sustained without leave to amend. The motion to strike is placed off calendar as moot. 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...

Excerpt: ...Center for left hip replacement surgery. Surgery was performed on October 10, 2017 by Dr. Raj Ahluwalia. On October 25, 2017, Plaintiff was diagnosed with a fracture of the left femur, which required a second corrective surgery. Plaintiff filed his complaint on May 14, 2018. The action was transferred from the Personal Injury hub to Department 49 on November 19, 2019. RULING: Denied. Evidentiary Objections to the Declaration of Shah and Homokay: ...

Excerpt: ...I, as Trustee of the Alliance Holding Trust, Danny Rowlett Jr., as Beneficiary of the Alliance Holding Trust, and the Alliance Holding Trust. RULING: 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 Gen...

Excerpt: ...minded 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. Failure to comply with these requirements in the future may result in papers being rejected, matters being placed o...

Excerpt: ...nd through her guardian ad litem, Arturo M. Torres, and Defendant, the People of the State of California, acting by and through the Department of Transportation. RULING: The unopposed motion is granted. This action arises out of a multi-vehicle accident that occurred on 4/24/17, at about 1:20 a.m. on northbound State Route 27 (SR-27)/Topanga Canyon Boulevard near Santa Susana Pass Road. At the time of the accident, Defendant Eric Andrew Salinas w...

Excerpt: ...d Amended Complaint. RULING: The motion is denied. Despite previously being reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil, the parties still failed to 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 8/14/20 Minute Order). Failure to comply w...

Excerpt: ...opez's claim that her 2015 Hyundai Sonata vehicle, which was manufactured and distributed by Defendant Hyundai Motor America, suffers from defects, including Backup Camera and Transmission Defects, and that Defendant has been unable to repair the vehicle within a reasonable number of attempts. Plaintiff alleges that Defendant knew that the vehicle suffered from defects, but still refused to repurchase the vehicle which Plaintiff claims is a willf...

Excerpt: ...oms-Anthony and Faegre Drinker Biddle & Reath LLP in the amount of $2,184.00. RULING: 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. Failure to ...

Excerpt: ...IEF REQUESTED IN MOTION TO STRIKE: An order striking the entire Second Amended Complaint on the grounds that each cause of action is barred by the applicable statute of limitations. RULING: The demurrer is overruled and the motion to strike is denied. 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 th...

Excerpt: ...olation of CC 2923.7 4. Violation of CC 2924.9 5. Violation of CC 2924.10 6. Unfair Business Practices, Violation of B&P 17200, et seq. 7. Cancellation of Written Instruments, CC 3412 (dismissed on 9/16/20) RULING: The demurrer is sustained without leave to amend as to the 2 nd, 3 rd, 4 th and 5 th causes of action and with 20 days leave to amend as to the 6 th cause of action. The parties are reminded to review the 5/3/19 First Amended General O...

Excerpt: ... an order imposing monetary sanctions of not less than $10,725.00 against Plaintiff and Plaintiff's attorney, James A. Otto. 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 Amende...

Excerpt: ...Assault and Battery 4. Negligence 5. Violation of State Civil Rights RULING: The demurrer is sustained without leave to amend as to the 2 nd cause of action, sustained with 20 days leave to amend as to the 5 th cause of action and overruled as to the 3 rd cause of action. This action arises out of Plaintiff's claim that she was sexually harassed by another fourth grade student at Defendant Vaughn Next Century Learning Center (Defendant). Plaintif...

Excerpt: ...ests an order granting summary adjudication of the 4 th cause of action for Negligent Hiring and Supervision and the 5 th cause of action for Negligent Training. RULING: The request for summary judgment is granted. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line ...

Excerpt: ...ative costs are requested. The Court continues the hearing on final approval of the settlement for: (1) further explanation and amendment regarding what happens to uncashed checks and (2) removal of dismissal language from the Settlement Agreement: (1) With regard to Uncashed Checks, although the parties removed the provision reverting uncashed checks to Defendant, inadequate information is provided as to how the parties will handle uncashed chec...

Excerpt: ...onal Distress 3. Breach of Fiduciary Duty 4. Constructive Fraud 5. Battery 6. Sexual Harassment (CC 51.9) 7. Gender Violence (CC 52.4) 8. Ralph Act Violation (CC 51.7) 9. Negligent Hiring, Training, Supervision and Retention RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the 2 nd, 3 rd, 4 th, 5 th, 6 th and 8 th causes of action in Plaintiff's complaint. Additionally, Plaintiff seeks to strike ¶28, p.11:7-9; ¶31, p.11:7-9; ¶31 p.11:22...

Excerpt: ...Plaintiff must separately file the First Amended Complaint which is attached to the motion as Ex.1. 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 Civi...

Excerpt: ...ntiff underwent on 11/9/18 allegedly performed by Defendant Dr. Arezou T. Yaghoubian. (SAC ¶¶12, 22). Plaintiff alleges that from November 2018 through March 2019, she suffered from post-surgical infections. (SAC ¶¶24-29). Plaintiff alleges that on 12/18/19, a medical professional told her that her scars were permanent and that she suffered a herniated disc as a result of her prolonged recovery. (SAC ¶¶30-31). On 11/6/19, Plaintiff filed th...

Excerpt: ...iffs Ranch at the Falls LLC and April Hart. The total fee sum reflects $658,322.00 in attorneys' fees incurred in the defense of Indian Springs in this action and $258,958.60 in attorneys' fees incurred in prosecuting Indian Springs' affirmative claims in this action. The reply indicates that Indian Springs has incurred an additional $24,994.00 in fees since the filing of the motion. The supplemental declaration of attorney Nicholas R. Rogers ind...

Excerpt: ... granted as set forth below. On 8/19/20, the hearing on the instant motion was held. The Court determined that Defendant was entitled to an award of attorneys' fees. (See 8/19/20 Minute Order). However, due to Defendant's failure to provide the Court with sufficient information to determine whether the attorneys' fees sought were reasonable, the hearing was continued to allow Defendant to serve and file an attorney declaration in support of the f...

Excerpt: ...t Katleen Leblanc's Verified Cross-Complaint in favor of Plaintiff/Cross-Defendant Musabbir Chowdhury and against Defendant/Cross-Complainant Katleen Leblanc 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 o...

Excerpt: ...CC 52.4) 4. Negligence 5. Negligent Supervision 6. Negligent Hiring/Retention 7. Negligent Failure to Warn, Train, or Educate 8. Public Entity's Liability Based on the Torts of Government Employees (Gov't Code 815.2) RULING: The demurrer is overruled. 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 th...

Excerpt: ..., William Zurowski and Frank Velazco and against Plaintiff. Alternatively, Defendants request summary adjudication in their favor and against Plaintiff on Plaintiff's 1 st, 2 nd and 3 rd causes of action. RULING: The motion 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, parties must comply with the “TECHNICAL REQUIREMENTS...

Excerpt: ...tween Plaintiff Cameron Orozco and Defendants regarding ownership of certain real property. Plaintiff alleges that in April of 2017 Defendant Rosalinda Barba approached him regarding a partnership in which Plaintiff and Defendants would each own 50% of certain real property located in Granada Hills, California. (Compl. ¶4). Plaintiff alleges that Barba further represented that Defendant Loveleeds, Inc. would manage the property which would be re...

Excerpt: ... granted. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When e-filing documents, parties must comply with the “TECHNICAL REQUIREMENTS” which are set forth at page 4, line 4 through page 5, line 12 of the Court's 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. Failure to comply with these requirements in the future may result in papers being reje...

Excerpt: ...viction 6. Financial Elder Abuse RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding and prayers for punitive damages. RULING: The demurrer is overruled. The motion to strike is granted with 20 days leave to amend. Defendant Ashley Jauregui has improperly included her demurrer, request for judicial notice and motion to strike in one document and both parties have failed to bookmark documents or make them text searchable....

Excerpt: ... Addendum. On April 20, 2020, the parties submitted a request to the Court, by way of a posting on CaseAnywhere, for an order that approves the dissemination of a Supplemental Postcard. (Declaration of Eric Y. Kizirian (“Kizirian Decl.”), ¶2.) The April 20, 2020 posting states in its entirety, as follows: To the Honorable Court: The parties in the above-referenced Kojikian v. American Honda Motor Co., Inc. action respectfully seek Court appr...

Excerpt: ...nd setting aside the order entered on 3/13/20. RULING: The motion is denied. This action arises out of dental treatment provided by Defendant to Plaintiff in July 2017. Plaintiff claims that Defendant used amalgam to fill her tooth when she specifically requested that he not do so and he assured her he would not. Plaintiff contends that the use of amalgam caused a flare-up of her preexisting medical condition, Lupus. The Fourth Amended Complaint ...

Excerpt: ... of Written Instruments, CC 3412 RULING: The demurrer is sustained without leave to amend as to the 1 st, 3 rd and 4 th causes of action and with 30 days leave to amend as to the 2 nd, 5 th and 6 th causes of action. 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, lin...

Excerpt: ...egligent Misrepresentation 4. Declaratory Relief 5. Promissory Fraud RULING: The demurrer is sustained without leave to amend as to the 3 rd and 4 th causes of action and overruled as to the 1 st, 2 nd and 5 th causes of action. The motion to strike is denied. Answer is due within 20 days. *The initial complaint filed by Plaintiff Castaic Village Center, LLC in this action is incorrectly titled as the First Amended Complaint. Since both Defendant...

Excerpt: ...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. Failure to comply with these requirements in the future may result in matters being placed off calendar, matters being continued so documents can be resubmitted in complia...

Excerpt: ...plaint: 1. Wrongful Death 2. Survivor's Action 3. Negligence 4. Negligent Infliction of Emotional Distress RELIEF REQUESTED IN MOTION TO STRIKE: An order striking the First Amended Complaint, or in the alternative, striking allegations regarding and the prayer for punitive damages contained in the First Amended Complaint. Specifically, Professional Security Consultants seeks to strike ¶¶61, 67 and 75 and Prayer No.9 in the First Amended Complai...

Excerpt: ...inst Plaintiff and Plaintiff's counsel in the amount of $9,060.00. RULING: This defamation action arises from an interview Defendant did with Katie Couric wherein he stated he had to restrain Plaintiff because she was on drugs. By way of the instant motion, Defendant seeks further responses to certain Requests for Admissions and Form Interrogatories served on 9/20/18 to which Plaintiff served responses on 12/21/18. Pursuant to the declaration of ...

Excerpt: ...k RELIEF REQUESTED: Orders granting summary judgment or, in the alternative, summary adjudication in favor of Defendant and against Plaintiffs. RULING: The unopposed requests for summary judgment are granted. This is a wrongful death action which arises out of an accident involving Plaintiffs' adult daughter who allegedly fainted and fell off a train platform in front of a Metrolink train. Plaintiffs filed separate lawsuits; however, each alleges...

Excerpt: ... seeks an award of reasonable attorney's fees incurred in bringing the motion. RULING: The motion is denied. This action arises out the alleged breaches of a Consulting Agreement and Annual Cash Bonus and Transaction Bonus Plan entered into between Plaintiff and Defendant Pro Athletics, LLC by and through its owner and president, Defendant Christopher Serna. Plaintiff issued a subpoena to US Bank seeking: (1) a copy of all documents reflecting an...

Excerpt: ...TY: Plaintiffs James Douglas Wiese and James Paul Fox, as Trustees of the Fox Wiese 2011Trust dated April 13, 2011 RELIEF REQUESTED: An order striking the Second Amended Complaint (SAC) filed against Defendants as being a Strategic Lawsuit Against Public Participation pursuant to CCP 425.16 RULING: The joinder in the motion is granted. The motion is denied. Plaintiffs' Requests for Judicial Notice are granted. Defendants' objections to Plaintiffs...

Excerpt: ... and Nick Lopez NOTICE: ok Demurrer is to the entire First Amended Complaint: 1. Wrongful Death 2. Survivor's Action 3. Negligence 4. Negligent Infliction of Emotional Distress RELIEF REQUESTED IN MOTION TO STRIKE: An order striking certain allegations and the prayer for punitive damages contained in the First Amended Complaint. Specifically, Food 4 Less seeks to strike ¶29, p.6:1-7; ¶31, p.6:12-15; ¶32, p.6:16-19; ¶39, p.7:13-18; ¶61, p.10:...

Excerpt: ... as listed in the caption of the Corrected First Amended Complaint. The body of the Corrected First Amended Complaint contains a 1 st cause of action for Breach of Contract and 3 rd cause of action for Fraud by Omission with no 2 nd cause of action. RULING: The demurrer is overruled as to the breach of contract cause of action and sustained without leave to amend as to the fraud by omission cause of action. To the extent necessary, the demurrer t...

Excerpt: ...Breach of Contract 4. Resulting Trust 5. Constructive Trust 6. Quiet Title 7. Conversion 8. Conspiracy 9. Intentional Interference With Contract 10. Intentional Interference With Prospective Economic Advantage 11. Accounting 12. Declaratory Relief RELIEF REQUESTED IN MOTION TO STRIKE: An order striking allegations regarding and prayers for punitive damages in relation to the 9 th and 10 th causes of action. RULING: The demurrer to the 9 th cause ...

Excerpt: ...fs' Request for Production and Inspection of Documents and Things, Set No.1 (Demand Nos. 2, 3, 38-48 and 51-63) served on 9/18/19; Set No.2 (Demands Nos. 3 and 6) served on 10/23/19; and Set No.3 (Demand Nos. 1 and 4-48) served on 1/27/20. RULING: The motion is granted, in part, and denied, in part, as set forth below. Both Plaintiff's and Defendant's requests for sanctions are denied. This action arises out of Plaintiffs' claims that they are th...

Excerpt: ...MOTION TO STRIKE: An order striking portions of the Second Amended Complaint relating to punitive and exemplary damages and attorney's fees. RULING: The demurrer to the 1 st cause of action is overruled. The demurrer to the 2 nd cause of action is sustained without leave to amend. The motion to strike is granted without leave to amend as to the prayers for punitive damages and attorney's fees in relation to the 1 st cause of action and is otherwi...

Excerpt: ...f Contract 9. Negligence 10. Breach of Fiduciary Duty 11. Equitable Indemnity 12. Contribution RULING: The demurrer is sustained with 40 days leave to amend. Marina Clark's Request for Judicial Notice is granted. This action arises out of Plaintiff Samir A. Prapaniku's alleged failure to be repaid money Plaintiff lent to Defendant Sasha Shev for a real estate investment. In April of 2018, Plaintiff lent Shev $150,000.00 in exchange for Shev's pro...

Excerpt: ...ourt declines to enforce the Settlement Agreement, Bankers Life requests that the Court order Plaintiff to return Bankers Life's settlement funds, with interest. RULING: Bankers Life and Casualty Company's request for an order and judgment enforcing the terms of the parties' Release and Settlement Agreement is denied. The alternative request for an order requiring Plaintiff to return Bankers Life's settlement funds, with interest, is granted, in ...

Excerpt: ...on. RULING: The motion is placed off calendar as moot. This action arises out of the termination of Defendant Natasha Madarian's employment with Plaintiff and her alleged failure and refusal to return a company laptop which contained confidential information. Plaintiff alleges the other Defendants are also using the laptop without authorization. Plaintiff also alleges that Defendants have breached an oral loan agreement. Plaintiff's complaint con...

Excerpt: ...sian. Alternatively, Defendant seeks summary adjudication of Plaintiffs' 1 st cause of action for breach of contract, 2 nd cause of action for breach of the implied covenant of good faith and fair dealing and claim for punitive damages. RULING: The request for summary judgment is denied. The alternative request for summary adjudication is granted, in part, and denied, in part. Summary adjudication of the 1 st cause of action for breach of contrac...

Excerpt: ...fendants Helms- Howard, Inc. dba Shelter Isle Mobile Estates, Bradley D. Howard and Cynthia D. Howard (collectively Defendants) on Plaintiffs Shelter Isle Residents Association, Yolanda Villalobos, Miguel Gonzalez, Eleanor A. Peralta and Robert Peralta's (collectively, Plaintiffs) Complaint. Alternatively, Defendants request summary adjudication of the following issues: Issue 1: There are no triable issues of material facts as to the first cause ...

Excerpt: ...ain real property (17344 Signature Drive, Granada Hills, CA 91344, APN# 2606-014-046 and 11150 Sepulveda Blvd., Los Angeles, CA 94521, APN# 2664-007-017) in which John Akhoian and Tamar Akhoian have a right, title and interest. In Focus contends that transfers of the foregoing properties constitute fraudulent conveyances. RULING: The application is denied. In Focus Advertising, Inc.'s Request for Judicial Notice (RJN) is granted. In Focus Adverti...

Excerpt: ...l be continued. This action arose out of Plaintiff's purchase of a 13-year old horse (RJ) for $5,000 from Defendant. Plaintiff's First Amended Complaint contained causes of action for: (1) breach of contract, (2) fraud, (3) negligence and (4) breach of implied warranty of fitness for a particular purpose. On 2/8/17, the court granted summary adjudication in favor of Defendant on Plaintiff's first cause of action for breach of contract, third caus...

Excerpt: ...d Cross-Complaint, in favor of Bankers Life and Casualty Company and against Hamidreza Ghasemi. RULING: The motion is denied in its entirety. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When efiling 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 Orde...

Excerpt: ... California. RULING: The motion/petition is denied. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When efiling 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 t...

Excerpt: ...owledgment of Satisfaction of Judgment. Alternatively, Brown seeks an order compelling the court clerk to enter satisfaction of judgment in this matter. Additionally, Brown seeks an award of attorney's fees incurred in filing the instant motion and any other damages as may be proved to the court. 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...

Excerpt: ...h of Statutory Duty in Plaintiff's First Amended Complaint. RULING: The motion is denied. This action arises out of Plaintiff's alleged failure to be repaid money Plaintiff lent to Defendant Sasha Shev for a real estate investment. In April of 2018, Plaintiff lent Shev $150,000.00 in exchange for Shev's promise to pay Plaintiff $180,000.00 with 10% interest. (FAC ¶6). The escrow division of Defendant San Fernando Realty was the escrow holder wit...

Excerpt: ...The motion is denied. This is an action by the owner of a condominium unit against the homeowners' association, the association's counsel, and others. On 3/19/19, Plaintiff filed his original Complaint for: (1) breach of governing documents, (2) breach of fiduciary duty, (3) breach of written contract, (4) RICO, (5) discrimination in violation of FEHA and Unruh Civil Rights Act, (6) unfair debt collection practice, (7) conspiracy to defraud, (8) ...

Excerpt: ...ulos and Rula Eliopulos and Milgard and Avalon Door and Window, Inc. has been made in good faith within the meaning of CCP 877 and CCP 877.6 and barring all claims against Milgard and Avalon for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault, including implied contractual indemnity pursuant to CCP 877(c). RULING: The motion is granted. The parties are reminded to revie...

Excerpt: ..., asking for: (1) any profits the defendant has gained by virtue of the wrongful conduct of the nature and type shown by the evidence; and (2) the financial condition of the defendant. Such documents include: complete federal and state tax returns, financial statements (i.e., income, profit and loss, sources and uses, balance sheet and asset lists); bank accounts (i.e., checking, savings, equity, with account numbers, name of the banking institut...

Excerpt: ...to be addressed by a separate motion. RULING: The motion is granted. Counsel are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When efiling documents, parties must comply with the “TECHNICAL REQUIREMENTS” set forth at page 4, line 4 through page 5, line 12 of the 5/3/19 First Amended General Order. Failure to comply with these requirements in the future may result in matters being continue...

Excerpt: ...ords described in Exhibit A to Plaintiff's subpoena as follows: the date of this subpoena. RULING: The motion is granted. The parties are reminded to review the 5/3/19 First Amended General Order Re Mandatory Electronic Filing for Civil. When efiling documents, parties and counsel 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 Man...

Excerpt: ...tiff's 4 th cause of action for breach of written contract for insurance on three grounds which Aegis as set forth as issues. RULING: The request for summary judgment is granted. Plaintiff's Request for Judicial Notice is granted. Plaintiff alleges that it made a loan to the Salinas defendants which was secured by a manufactured home. The promissory note and trust deed required the Salinas defendants to maintain the manufactured home and to maint...

Excerpt: ... Violence (CC 52.4) 5. Negligence 6. Negligent Supervision 7. Negligent Hiring/Retention 8. Negligent Failure to Warn, Train, or Educate 9. Public Entity's Liability Based on the Torts of Government Employees (Gov't Code 815.2) RELIEF REQUESTED IN MOTION TO STRIKE: An order striking various portions of the First Amended Complaint relating to punitive damages and attorney's fees. RULING: The demurrer is sustained without leave to amend as to the 3...

Excerpt: ...Lising on 7/5/17; (2) The employee who documented “9 on a 0 to 10 scale;” and (3) The employee who documented “8 on a 0 to 10 scale.” Additionally, Plaintiff requests an order imposing sanctions against Defendant in the amount of $1,975.00 (notice)/$2,499.15 (declaration). Further, Plaintiff requests an order denying defendant's motion for summary judgment. RULING: The motion is granted, in part, and denied, in part, as set forth below. T...

Excerpt: ...LIEF REQUESTED IN MOTION TO STRIKE: An order striking Defendant/Cross- Complainant OCA's First Amended Cross-Complaint in its entirety. Demurrer is to the entire First Amended Cross-Complaint: 1. Offset Against Amounts Owing to Heirs and Successors In Interest to Interested Directors of Public Benefit Corporation for Self-Dealing Transaction (Corporations Code 5233(f)) 2. Quiet Title to Personal Property (CCP 760.020) RULING: The motion to strike...

Excerpt: ...(10-day jury) trial date to 9/28/20, or the soonest available date thereafter, and resetting all related pretrial deadlines according to the new trial date. RULING: The motion is granted. 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 co...

Excerpt: ...ng that Julie McGowan, as agent for third-party, RW Property Services and as to RW Property Services and its officers and/or directors should be held in contempt of court for the following disobedience of this court's prior orders: McGowan's failure to complete and return the Employer's Return on a writ of execution (wage garnishment) served on her, on behalf of RW Property, in connection with the enforcement of the judgment against judgment debt...

Excerpt: ... complaint filed by Plaintiffs. RULING: The motion is denied. This action arises from an incident that occurred on 6/13/16 at the Old Orchard Elementary School in Valencia, California. In June of 2015, Defendant Newhall Unified School District (Newhall) hired Defendant Lundgren Management Corporation (Lundgren/moving party on this motion) to provide construction management services for the Old Orchard Elementary Permanent School Classroom Project...

Excerpt: ...Things, Set 1, Requests Nos. 1, 2, 3, 4, 8, 9, 11, 12 and 13. RULING: The motion is granted as set forth below. Further responses and production are due within 30 days. This action arises out of Plaintiff's claim that she was sexually assaulted by Defendant German Mejia, a firefighter/paramedic, while Mejia was on duty and responding to a traffic accident in which Plaintiff was injured. The subject discovery requests (Requests for Production of D...

Excerpt: ...Song-Beverly Consumer Warranty Act against Defendant BMW of North America, LLC, the vehicle manufacturer/distributor, and Defendant Valencia B. Imports, Inc. dba Valencia BMW, the dealership from which she leased the vehicle, a used 2018 BMW X3. The lease was memorialized in a BMW Financial Services NA, LLC - Lease Agreement dated 7/27/18 (Lease Agreement). The lease was accompanied by the remainder of the New Vehicle Limited Warranty (Warranty) ...

Excerpt: ...sory Estoppel 6. Quantum Meruit 7. Accounting RELIEF REQUESTED IN MOTION TO STRIKE: An order striking: (1) ¶2 of the Prayer regarding punitive damages; (2) ¶3 of the Prayer regarding attorneys' fees as permitted by statute; and (3) ¶4 of the Complaint regarding alter ego allegations. RULING: The demurrer is sustained and the motion to strike is granted, both with 20 days leave to amend. The parties are reminded to review the 5/3/19 First Amend...