Excerpt: ...ner and Hanover Trust RESPONDING PARTY: Plaintiff Mark Lange BACKGROUND This case arises from a dispute over the sale of a home. Plaintiff Mark Lange entered into a written purchase agreement (the “Agreement') with Defendant Ebner and Hanover Trust (the “Trust”) to purchase a home located at 5868 Deerhead Road, Malibu, California (the “Property”). (Compl. ¶ 7.) Defendants Sandra Hanover Ebner and Stephen Ebner are trustees of the Trust...

Excerpt: ...ivil Rights Act ("Unruh"). Plaintiff Anthony Bouyer requires leg braces and uses a walker or wheelchair for mobility. (Compl. Yl.) Plaintiff is an ADA tester which is an individual with a disability who visits businesses to determine their compliance with the American Disabilities Act ("ADA"). (ld. 118.) On May 22, 2023, Plaintiff visited a gas station owned by Defendant World Oil Corp. (ld. "2-4, 11.) Durmghis visit, Plaintiff claims he observed...

Excerpt: ...rity talent manager. She regularly appears on television and media. Plaintiff hired Defendant Victoria Sophia Sanjurjo to apply facial fillers to her face. Defendant's treatment was so deficient, it resulted in substantial deformities to Plaintiff's face. Defendant also disclosed to Plaintiff's friend, intimate details about the deformities caused to Plaintiff's face. On May 30, 2023, Plaintiff filed a Complaint against Defendant. The Complaint a...

Excerpt: ...unt with Plaintiff JPMorgan Chase Bank, N.A. Defendant failed to pay amounts due under the card, totaling $25,236.06. The operative complaint alleges common counts for open book account and account stated. This hearing is on Defendant's motion to quash service of summons. Defendant argues that contrary to the proof of service, he was not personally served. No opposition was filed as of the posting of this tentative ruling. DISCUSSION “Service o...

Excerpt: ...Build, Inc. RESPONDING PARTY: Plaintiffs Royal Excel Enterprises Corp. and 521 N. Canon Dr. LLC BACKGROUND This is an indemnity and fraud case. Plaintiff Royal Excel Enterprises Corp. (“Royal”) bought the property located at 521 N. Canon Drive, Beverly Hills, California (the “Property”) with the intent of remodeling and then re-selling it. (Compl. ¶13.) Plaintiff 521 N. Canon Dr. LLC (“Canon”) was formed to secure construction financ...

Excerpt: ... with disabilities, visited Fair Market, located at 10458 National Blvd, Los Angeles California (the “Property”) on or about June 26, 2022. Fair Market is owned by Defendant Z&F Properties LLC. During his visit, Plaintiff encountered the following barriers to access related to his disability: (1) an accessible parking area whose slope exceeds Americans with Disabilities Act Accessibility Guidelines (“ADAAG”), (2) an accessible parking spa...

Excerpt: ... alleges Defendant Teddy Marquez suddenly and negligently collided with her car near a highway off-ramp. The collision resulted in serious injuries to Plaintiff. The operative complaint alleges claims for “motor vehicle” and negligence. On August 3, 2023, the Court held an OSC and dismissed the case for failure to file a proof of service. This hearing is on Plaintiff's motion to vacate the dismissal. Plaintiff argues that the dismissal was th...

Excerpt: ...m an alleged unauthorized publication of patient photos. Defendant Gary Motykie, M.D. performed several cosmetic procedures on Plaintiff Celeste Bianchi. Before and after each procedure, Defendant or his staff took photographs of Plaintiff. Plaintiff alleges she explicitly declined consent for her photos to be used on Defendant's website or in any similar capacity. On or before July 16, 2018, Defendant allegedly published Plaintiff's photographs ...

Excerpt: ...agreement and guaranty. Defendant Stoneridge Construction, LLC entered into a written equipment finance agreement (“Agreement”) whereby Plaintiff Maxim Commercial Capital LLC agreed to finance Stoneridge's purchase of certain equipment, and Stoneridge agreed to make monthly payments. As further consideration, Defendant Onesimo Martinez, Jr. executed a personal guaranty (“Guaranty”) whereby he unconditionally guaranteed Stoneridge's paymen...

Excerpt: ... hired Defendants to develop a line of gummy candies in accordance with certain specifications: (1) formulation of three flavors of the products working with food scientists to ensure that the products met Plaintiff's strict requirements and expectations; (2) finding the right co-packer/co-manufacturer(s) and product blenders who would manufacture the products and then to work with those companies to ensure production met Plaintiff's specificatio...

Excerpt: ...LLC BACKGROUND This action relates to a dispute over a non-compete provision. Defendant Focus Financial Partners LLC (“Focus”) is an acquirer of, and investor in, financial wealth management firms and other financial services firms. (Compl. ¶6.) Focus—through its wholly owned subsidiary NKSFB, LLC (“NKSFB”)—acquired substantially all assets of Nigro Karlin Segal Feldstein & Bolno, LLC (“Nigro Karlin”), a business management firm....

Excerpt: ...S MOVING PARTY: Plaintiff Gina Bisignano RESPONDING PARTY: Defendant Heather McDonald BACKGROUND Plaintiff Gina Bisignano has sued various defendants for their coverage of her provocative comments during a COVID-19 lockdown protest and her participation in the January 6, 2021 protests at the United States Capitol. Plaintiff claims Defendants' actions resulted in the demise of her previously “thriving” beauty salon business in Beverly Hills. O...

Excerpt: ...tee of the MC2011 Revocable Trust and Olga Chernova RESPONDING PARTY: Defendant Paola Joice Miller BACKGROUND This case arises from a landlord-tenant dispute. Plaintiffs Mikhail Chernov and Olga Chernova (“Landlords”) entered into a written lease agreement with Defendant Paola Joice Miller (“Tenant”) for property located at 1070 Somera Road, Los Angeles, California (the “Premises”). Tenant failed to pay rent. Landlords sued for breach...

Excerpt: ... DECLARATION OF ALAN SALZMAN BACKGROUND This action as well as a related case (Case No. 20SMCV01681, the “Related Action”) arise out of a dispute between Plaintiff Alan Salzman and Defendant Marc Shomer, regarding the division of property between Salzman and his deceased wife, Andrea Nicole Left (“Decedent”). Shomer, Decedent's brother, is the personal representative of the Estate and the Trustee of the Andrea Nicole Left Living Trust. Th...

Excerpt: ...no and Wendy Pino BACKGROUND Plaintiffs George and Wendy Pino own a condominium unit located at 840 20 th Street, Unit 7, Santa Monica, California. (First Amended Complaint (“FAC”) ¶1.) Their home is part of a complex managed by Defendant Laurel Square Owners Association (“HOA”). (FAC ¶¶1, 2.) The HOA and each of its members are bound by a Declaration of Covenants, Conditions and Restrictions. (“CC&R's”). (FAC ¶¶11, 12.) Plaintif...

Excerpt: ...l malpractice case. Defendants David Kamen, Peter Mendelsohn and Specialty Surgical Center performed cataract surgery on Plaintiff Kevin McGinn's right eye. Plaintiff alleges “[t]he procedure performed including but not limited to the medications prescribed and provided and the timing thereof deviated from the standard of practice causing great pain, injury and anxiety, all causing severe injury and damage to Plaintiff.” (Compl. ¶9.) Plainti...

Excerpt: ...Association RESPONDING PARTY: Plaintiffs Toni Kopek and Richard S. Lee BACKGROUND This case involves a dispute over parking spaces. Plaintiffs George C. Kopek, Toni Kopek and Richard Lee live in a condominium building in Pacific Palisades and claim ownership of two parking spaces, G114 and G116. They contend Defendants Bagram and Susanna Mardirossian are illegally occupying the spaces. They have also sued their homeowners association, Casa Gatewa...

Excerpt: ...0 & 2.551 BACKGROUND This action arises from a breach of a commercial lease. Defendant High Noon Office, LLC is the Landlord, and Plaintiff Shegerian & Associates APC f/k/a Shegerian & Associates Inc. is the Tenant. Tenant leases the 4 th and 7 th floors of a commercial office building known as the Clocktower Building, located at 225 Santa Monica Boulevard, Santa Monica, California (the “Property”). Tenant brought an action to seek a declarat...

Excerpt: ...dispute arises from a subrogation claim. Non-party Roberto Soofiani and Defendant Jose Jesus Flores (on behalf of Don Chuy's Restaurants, LLC) entered into a lease agreement (“Lease”) for property located at 11800 W. Jefferson Blvd, Space D, Culver City, California (the “Property”). (Undisputed Material Fact (“UMF”) No. 3.) Section 15 of the Lease contained a mutual waiver of subrogation claims: “Lessor and Lessee shall cause their ...

Excerpt: ...ped and fell on a parkway that was uneven and contained jagged bricks. She was being transported in a van driven by Defendant Spencer Wray (“Wray”), an employee of Defendant the City of Culver City (“City”). Wray placed Plaintiff's walker on the raised and uneven brick parkway. Once Plaintiff got to her walker, she released the brake and attempted to walk forward only to fall backward after snagging on the edge of one of the raised bricks...

Excerpt: ...STS FOR ADMISSIONS, SET ONE, AND MOTION FOR SANCTIONS This hearing is on Plaintiff Leo David's motion to compel further responses to his (1) requests for production of documents, set one, (2) form interrogatories, set one, (3) special interrogatories, set one, and (4) requests for admissions, set one. David also seeks monetary sanctions. This Department's rules require David to file a joint statement consisting of four columns : the first column ...

Excerpt: ...erty Owners Association BACKGROUND This case arises from construction on a residential lot owned by Defendant Focus Line, LLC located at 10433 Lindbrook Drive in the Holmby Westwood neighborhood of Los Angeles (the “Property”). Plaintiff Holmby Westwood Property Owners Association (“HWPOA”) is a voluntary neighborhood association made up of members who own property in the Holmby Westwood neighborhood. Many of the lots in the Holmby Westwo...

Excerpt: ...r RESPONDING PARTY: Plaintiff Sedigheh Hadian Ghahderijani BACKGROUND This action arises from a slip and fall. Plaintiff Sedigheh Hadian Ghahderijani is an elderly woman in chronic poor health over the age of 83. (Compl. ¶2.) Defendant OMID ADHC Corporation (“OMID”) owns and manages an adult day care facility called Sinai Adult Day Health Care (“Sinai”). (Id. ¶9.) Plaintiff goes to Sinai three times of week. (Id. ¶12.) OMID provides tr...

Excerpt: ...nd fell on a parkway that was uneven and contained jagged bricks. She was being transported in a van driven by Defendant Spencer Wray (“Wray”), an employee of Defendant the City of Culver City (“City”). Wray placed Plaintiff's walker on the raised and uneven brick parkway. Once Plaintiff got to her walker, she released the brake and attempted to walk forward only to fall backward after snagging on the edge of one of the raised bricks. Pla...

Excerpt: ...orizon”) for breach of contract relating to a single-family residence located at 37 Twiggs in Irvine, California (the “Subject Property”). Yip alleges that Eastern Horizon has refused to sell the Subject Property to her at an agreed-upon price. On August 9, 2022, Eastern Horizon filed a cross-complaint relating to the Subject Property against Yip and Home Surface, Inc. dba Spectrum Realty (“Spectrum”) for breach of a lease agreement and...