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: ...len Karen Lang BACKGROUND This action arises from breach of a car sales contract. Plaintiff Santander Consumer USA Inc. dba Chrysler Capital (“Chrysler”) is the assignor of a contract (the “Contract”) with Defendant Ellen Karen Lang to purchase a 2019 Jeep Cherokee VIN No. 1C4PJLLB7KD247781 (the “Car”). The Contract is in default, with a balance due and owing as of the filing of this action in the sum of $29,806.02 together with other...

Excerpt: ...tion company. Plaintiff Victor Alexandroff's home sustained water damage. (First Amended Complaint (“FAC”) ¶17.) He hired Defendant D&A Endeavors Inc. dba ServPro of Beverly Hills/Westwood to perform cleaning and restoration services and to prepare estimates that Plaintiff could then use to file a claim with his insurer. (FAC ¶¶19-21.) Plaintiff alleges that Defendant's estimates were so “poorly contrived” and full of errors, he fired ...

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...

Excerpt: ...EFAULT MOVING PARTY: Defendant Marc Palazzo RESPONDING PARTY: Plaintiff Edwin Solorzano as an individual and in the right of and for the benefit of Wholesale Direct Metals BACKGROUND Plaintiff Edwin Solarzano alleges Defendant Marc Palazzo and others embezzled at least $9.65 million from Wholesale Direct Metals (“WDM”), a business that sells precious metals. (Compl. ¶ 23.) Solarzano alleges they did so by buying metals for non-existent custo...

Excerpt: ...ard and Defendant Tony Scott entered into a joint venture agreement (“JVA”) to develop property in Houston, Texas. Scott provided the funds to purchase the property. The project became much more complicated and expensive than anticipated, and Scott wanted to end the partnership and sell the joint venture property. Plaintiffs objected and wanted Scott to continue to fund the project. Scott filed an arbitration demand to dissolve the partnershi...

Excerpt: ...arry RESPONDING PARTY: Defendant People of the State of California by and through the Department of Transportation (erroneously sued as California Department of Transportation) (“Caltrans”) BACKGROUND Adrine Mekertichian was struck by a car and died while crossing Pacific Coast Highway to dine at a restaurant. Plaintiff, the Estate of Adrine Mekertichian, has sued the driver (Sharon Barry), the restaurant (Moonshadows Malibu, Inc.), Caltrans,...

Excerpt: ...itner BACKGROUND This case is an unlawful detainer action. Plaintiff Tamara Bitner is suing Defendant Marcia Kirschbaum for back rent and possession of property located at 833 Pine St., Santa Monica, CA 90405 Los Angeles County (the “Property”). Trial in this matter was held on August 9, 2023. Defendant failed to appear. Plaintiff was sworn and testified on her own behalf. Plaintiff requests $40,000 for past due rent, $32,000 for holdover fee...

Excerpt: ...nder of title action. Plaintiff 9450 Topanga Properties LLC (“Topanga”) is the present owner of real property commonly known as 9450 Topanga Canyon Blvd, Chatsworth, California (the “Property”). Topanga claims that a deed of trust recorded against the Property and in favor of Defendant Nygard Foundation (“Nygard”) as beneficiary has slandered Topanga's title in the Property. As required in a demurrer, the Court accepts as true the fol...

Excerpt: ...N MOVING PARTY: Defendant and Cross-Complainant High Noon Office, LLC RESPONDING PARTY: Plaintiff and Cross-Defendant Shegerian & Associates, APC BACKGROUND This action arises from a breach of a commercial lease located at 225 Santa Monica Boulevard, Santa Monica, California (the “Building”). In March 2019, Defendant High Noon Office LLC (“Landlord”) acquired the Building and its leases from Samo Clocktower, LLC (“Samo”). (Undisputed ...

Excerpt: ...d Earl Christensen, individually and as successor in interest to Eric Johnson Christensen has brought a wrongful death and survival action against Osman. Plaintiff has also sued the owners of the car, Defendants Silk Road Souq and Lama Nakami. The operative complaint alleges claims for negligence and negligent entrustment. Osman has been charged with vehicular manslaughter in violation of Penal Code 192(c)(2). The criminal proceeding arises from ...

Excerpt: ...e 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 specifications; (3) finding and sourcing all i...

Excerpt: ...ns of the Unruh Civil Rights Act (“Unruh”). Plaintiff Anthony Bouyer requires leg braces and uses a walker or wheelchair for mobility. (Compl. ¶1.) 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”). (Id. ¶8.) On May 22, 2023, Plaintiff visited a gas station owned by Defendant World Oil Corp. (Id. ¶¶2-4, 11 .) During his vis...

Excerpt: ... is a dispute between neighbors. This matter is one of two lawsuits between Northwestern Engineering Company (“NWE”) and Joseph Shemaria (“Shemaria”). The first action was filed on November 1, 2017 under case number SC128312 (“Shemaria I”), and the second action was filed on May 24, 2022 under the above-captioned case number (“Shemaria II”). Shemaria I arose out of NWE's claim to a prescriptive easement in a narrow walkway running...

Excerpt: ...rson RESPONDING PARTY: Defendant Los Angeles Metropolitan Transporation Authority BACKGROUND This is a wrongful death case. On or about January 15, 2019, Ronnie Solomon (“Decedent”) exited a Metro Expo Line train at the 17th St. Station in Santa Monica. Both the train and the station were owned, controlled, and operated by Defendant Los Angeles County Metropolitan Transportation Authority (“METRO”). (First Amended Complaint (“FAC”) ¶...