Excerpt: ...to Strike SUMMARY OF ACTION Plaintiff Andrew La Cerda alleges that along with himself, defendants Sara De La Cerda, Gerald De La Cerda were beneficiaries of the Dolores De La Cerda Revocable Family Trust. Plaintiff is 62 years old, suffers from Parkinsons disease, and is considered a “Dependent Adult.” The trust owns/owned certain real property located at 1271 Hunnewell Ave., Sylmar. Plaintiff contends that the trust provided Plaintiff with a...

Excerpt: ... ($1,000,000) in certain lighting equipment. Defendants paid $210,000, and presented another $800,000 in checks, which were rejected for insufficient funds. Plaintiff alleges an outstanding balance of $790,000. On April 30, 2021, Plaintiff filed its complaint for Breach of Contract, Common Counts, and Fraud. On August 19, 2021, Plaintiff filed a first amended complaint for Fraud – Civil Code section 1719, Fraud Civil Code section 1572(3), Conve...

Excerpt: ...SUMMARY OF ACTION Plaintiff Andrew La Cerda alleges that along with himself, defendants Sara De La Cerda, Gerald De La Cerda were beneficiaries of the Dolores De La Cerda Revocable Family Trust. Plaintiff is 62 years old, suffers from Parkinsons disease, and is considered a “Dependent Adult.” The trust owns/owned certain real property located at 1271 Hunnewell Ave., Sylmar. Plaintiff contends that the trust provided Plaintiff with a life esta...

Excerpt: ...monthly rate of $4,059 and increased to $4,568.44/month by year five (original terms) though an “additional term” sheet was also listed as a starting base rent of $4,704.74 with an increase to $5,295.33. Defendant provided a $5,333.08 security deposit. Defendants Samvel S. Khodzhumyan and Nancy Simonian executed a personal guaranty. Plaintiff alleges Defendant defaulted on the lease as of June 12, 2018. Plaintiff obtained a default judgment f...

Excerpt: ...ars ($1,000,000) in certain lighting equipment. Defendants paid $210,000, and presented another $800,000 in checks, which were rejected for insufficient funds. Plaintiff alleges an outstanding balance of $790,000. On April 30, and August 19, 2021, Plaintiff filed its complaint for Breach of Contract, Common Counts, and Fraud. On August 19, 2021, Plaintiff filed a first amended complaint for Fraud – Civil Code section 1719, Fraud Civil Code sect...

Excerpt: ...613 Zelzah Ave., Northridge to Defendant Amna Lucille Butler. The parties agreed to a purchase price of $700,000. Because of Amna Lucille Butler's poor credit, Amna Lucille Butler was only able to assume the $400,000 secured on the property. Amna Lucille Butler agreed to pay the additional $300,000 to Plaintiff Linda Butler-Ruzich via a subsequent loan secured on the property within 12 months of closing. Plaintiff Linda Butler-Ruzich is the aunt ...

Excerpt: ...s vehicle on behalf of defendants MonteCristo Trucking, LLC, Fernando Escolero, and Fames Transport, Inc. On May 28, 2021, the Perrigos filed their complaint for motor vehicle, general negligence, and loss of consortium. On June 21, 2021, the Perrigos filed a first amended complaint (21STCV20196). On June 18, 2021, County of Los Angeles filed a complaint against Jorge Edmondo Castaneda Rodriguez, MonteCristo Trucking, LLC, Fernando Escolero, and ...

Excerpt: ...age Corporation for purposes of refinancing an existing mortgage on the property. The application was subsequently transferred to Defendant United Mortgage Corp. dba UMC Mortgage Company (UMC). After three sets of executed documents beginning in December 2020, Plaintiff received no further notice from UMC and apparently executed a loan agreement with an unidentified “competitor” in January. On January 14, 2021, “within a few days of signatu...

Excerpt: ...s rent increased from $7,411 to $20,000/month as of January 1, 2022. Defendant failed to make the lease payments due in March and April, 2022, with an outstanding balance of $39,112 as of the complaint filing date. RULING : Sustained with Leave to Amend. Defendant Charles Johnson challenges the complaint on grounds that the complaint contains contradictory allegations, thereby rendering the complaint uncertain. Specifically, the form complaint ch...

Excerpt: ... Investments. The unit is located at 22816 Market St. Los Angeles. On October 3, 2021, the property suffered a fire casualty, which led to loss of personal property and displacement. Although it's not clear where Plaintiff resided following displacement, Plaintiff alleges Defendants continued to demand rent on the damaged unit. Plaintiff alleges said premises also contained substandard conditions, including plumbing and electrical defects, leakin...

Excerpt: ...ld Plaintiff Mia Tretta was on the premises of Saugus High School, when 16-year old Nathaniel Berhow walked onto the campus with a 1911-style “Officer Frame” ghost gun, and began to shoot students before taking his own life with the same gun. Two students died. Plaintiff survived the attack and appears through her guardian ad litem Tiffany Shepis-Tretta. Plaintiff alleges the gun was acquired by the either Nathaniel Berhow himself or his fath...

Excerpt: ...April 2, 2021, Plaintiff discovered a water leak on the premises, and called a third party water restoration service. Plaintiff also submitted a claim to Defendant for the damage. On April 3, 2021, Plaintiff and her family commenced renting a comparable home while their was being restored at a rent of $11,850/month. Plaintiff rented until the end of June 2021, then returned to the property and lived in the garage. On June 28, 2021, Plaintiff subm...

Excerpt: ...roperty located at 8216 Glencrest Dr., Sun Valley, CA 91352. Plaintiffs allege that they claim an easement on Defendants' property. Plaintiffs seek to quiet title on the easement. On March 8, 2019, Plaintiffs filed a complaint to quiet title to easement by prescription and to establish an easement by necessity. On July 23, 2019, Plaintiffs filed a first amended complaint for quiet title equitable easement. On October 18, 2019, the court overruled...

Excerpt: ...Plaintiff filed a PAGA complaint for Violation of Labor Code section 2698, et seq. Defendant B&B Manufacturing Co. answered the complaint on July 14, 2021. On September 15, 2021, the court denied the motion for judgment on the pleadings. RULING: Granted.[1] Defendant B&B Manufacturing Co. moves for summary judgment on grounds that Plaintiff Jerry Herandez lacks standing to bring an action either as an individual or on behalf of the other employee...

Excerpt: ...r in the company. Plaintiff alleges Cormier wrongfully excluded him as well as other shareholders in decisions on behalf of the company, including payment of excessive compensation, failure to distribute profits to shareholders, and asset purchases and loan agreements without the consult of other shareholders. On June 24, 2019, Plaintiff filed a complaint for breach of fiduciary duty, breach of fiduciary duty (derivative), constructive fraud, con...

Excerpt: ...). In the summer of 2018, Plaintiff Angel Cordova was solicited by an “authorized dealer” for Pace Funding Group, LLC to build an “auxiliary dwelling unit” on her property in Granada Hills with financing provided by Pace Funding Group, LLC. Plaintiff contends that the sales representatives misrepresented the terms of the financing agreements, when it was said that any and all payments would only become due upon completion and rental of an...

Excerpt: ...l Clinic II, Inc. A notice of related cases was filed with 21STCV37556. On March 17, 2022, the court deemed 22VEUD00174 and 21STCV37556 related, thereby leading to the assignment of all cases to Department 47. On March 21, 2022, Plaintiff filed a peremptory challenge, thereby leading to the reassignment of the case to Department 49 on March 22, 2022. On March 28, 2022, the court specially set the motion for reconsideration challenging the 170.6 c...

Excerpt: ...e summer of 2018, Plaintiff Hilda Rosette was solicited by an “authorized dealer” for Pace Funding Group, LLC to build an “auxiliary dwelling unit” on her property in Granada Hills with financing provided by Pace Funding Group, LLC. Plaintiff contends that the sales representatives misrepresented the terms of the financing agreements, when it was said that any and all payments would only become due upon completion and rental of any unit. ...

Excerpt: ...iskoulian executed a Commercial Guaranty of the note. On January 19, 2017, February 28, 2018, February 4, 2019, January 8, 2020, May 5, 2020, and October 1, 2020, the parties executed a series of modification documents, thereby increasing the balance to $149,000. Defendant failed to make the payment due on June 10, 2021, or any subsequent payments. Plaintiff accelerated the balance, and demanded full payment by November 8, 2021, which was not mad...

Excerpt: ...inancial hardship in 2015 and sought relief. It's not clear whether and how Plaintiff sought relief though Plaintiff alleges Defendants failed to “make a written determination that Plaintiff were (sic) not eligible for a first lien modification” in violation of California Civil Code section 2923.6. Plaintiff alleges qualification for a loan modification. On March 31, 2016, third party loan servicer Northwest Trustee Services, Inc. filed a Not...

Excerpt: ...h cause of action in Second Amended Complaint. RULING: 1. The demurrers of Defendant, Kirk Larsen, to the first through nineteenth causes of action are sustained without leave to amend. 2. The demurrers of Defendant, Loancare, LLC, and Federal National Mortgage Association (“Fannie Mae”) to the first through nineteenth causes of action are sustained without leave to amend. CLAIMS AND PROCEDURAL BACKGROUND: The Plaintiffs allege that the Defen...

Excerpt: ...ust, entered into a month-to-month lease agreement for certain premises with Defendant Anica Barbosa. Plaintiff alleges Defendant took “premature possession” of the premises on March 28, 2020 and blocking Plaintiff from showing the premises to prospective buyers. Plaintiff also breached the lease by failing to conduct certain agreed upon tenant improvements, and failing to pay the rent due in May 2020 or any payments thereafter, the security ...

Excerpt: ...f Pacific Western Bank. Individual defendant Gary Garo Piskoulian executed a Commercial Guaranty of the note. On January 19, 2017, February 28, 2018, February 4, 2019, January 8, 2020, May 5, 2020, and October 1, 2020, the parties executed a series of modification documents, thereby increasing the balance to $149,000. Defendant failed to make the payment due on June 10, 2021, or any subsequent payments. Plaintiff accelerated the balance, and dema...

Excerpt: ...alleges Rodriguez was operating his vehicle on behalf of defendants MonteCristo Trucking, LLC, Fernando Escolero, and Fames Transport, Inc. On May 28, 2021, the Perrigos filed their complaint for motor vehicle, general negligence, and loss of consortium. On June 21, 2021, the Perrigos filed a first amended complaint (21STCV20196). On June 18, 2021, County of Los Angeles filed a complaint against Jorge Edmondo Castaneda Rodriguez, MonteCristo Truc...

Excerpt: ...iled a complaint for breach of contract. RULING: Overruled. Defendant submits the subject demurrer on grounds that the currently enacted moratorium barring collection of rents on commercial properties bars the subject complaint. Depending on the number of employees no rent may be collected until either July 31, 2022 (10-99 employees) or January 31, 2023 (0- 9 employees). Defendant preemptively challenges any claim that Defendant employs more than...

Excerpt: ...ndant Dr. Mark Liker. Plaintiff's post surgical condition, due to both post-operative infections and developing hypoxemia. On October 14, 2019 Plaintiff was diagnosed with a number of conditions, including but not limited to, septic shock and renal failure, which the diagnosing physician, Imad Abumeri, found unrelated to surgery and therefore required no further intervention. On October 20, 2019, Plaintiff underwent a second operation for a right...

Excerpt: ... of $39,363.41 for hospital admission to Henry Mayo Newhall Hospital on August 1, 2018. The clerk entered a default on January 27, 2022. The court entered judgment for $51,793.55 on March 18, 2022. RULING: Granted Defendant Breezy Dawn MacCaskey moves to set aside the default and default judgment on grounds that the underlying balance was resolved by the Defendant's insurer, thereby resolving the debt. Defendant moves to dismiss the entire action...

Excerpt: ... The total contract price was $100,000. Plaintiff made a $40,000 partial payment, but alleged the contractor defendant abandoned the project, thereby forcing Plaintiff to hire a new contractor. Defendant Business Alliance Insurance Company provided the surety bond to the contractor. Plaintiff alleges submission of a claim on the bond for $15,000, Defendant denied the claim. On October 13, 2021, Plaintiff filed a complaint for Recovery on Contract...

Excerpt: ...ade to school principal, Defendant Chad Rose, no follow-up investigation occurred. Brando was later placed in the same remote learning group with said bully, and upon his return to Stevenson Ranch Elementary School in September 2021, in-person bullying resumed. Plaintiff alleges even after the numerous complaints, district compliance officer, defendant Amanda Montemayor, only completed the investigation on October 15, 2021. On October 13 and Octo...

Excerpt: ...n September 23, 2020, the California Department of Public Health and Bureau of Cannabis Control filed a complaint for civil penalties. Plaintiff alleges Defendants engaged in unlicensed commercial cannabis activities in the cities of Gardena and Canoga Park. On March 1, 2021, Defendants answered the complaint. RULING: Granted Plaintiff California Department of Public Health and Bureau of Cannabis Control brings five (5) motions to compel further ...

Excerpt: ...n Book Account. On February 24, 2020, Malcolm Kirakosian filed a cross- complaint against K.G. McMullen for Breach of Contract, Negligence, and Disgorgement of Construction Funds. On January 5, 2022, the court issued a statement of decision. The statement finds in favor of Plaintiff on the breach of contract, foreclosure of mechanic's lien, and quantum meruit and valebant causes of action, but found in favor of defendant on the common count cause...

Excerpt: ...intiff Natalia Mitchell completed certain purchases at the self check out cash register at a Target store in Northridge, when an employee approached plaintiff and accused Plaintiff of shoplifting a pair of shoes. The search led to no recovery of stolen property. Plaintiff alleges being singled out for a search because of her appearance—a “Black race…African-American.” On March 23, 2021, Plaintiff in pro per filed a complaint.[1] On Januar...

Excerpt: ...lt Judgment for Lack of Personal Jurisdiction · 3rd Cause of Action: Quiet Title · 4th Cause of Action: Breach of Covenant of Quiet Enjoyment · 5th Cause of Action: Violation of Civil Code section 1942.4 · 6th Cause of Action: Tortious Breach of Warranty of Habitability · 7th Cause of Action: Nuisance · 8th Cause of Action: Negligence · 9th Cause of Action: Breach of Contract · 10 th Cause of Action: Violation of the Rosenthal Fair Debt C...

Excerpt: ...iker. Plaintiff's post surgical condition, due to both post-operative infections and developing hypoxemia. On October 14, 2019 Plaintiff was diagnosed with a number of conditions, including but not limited to, septic shock and renal failure, which the diagnosing physician, Imad Abumeri, found unrelated to surgery and therefore required no further intervention. On October 20, 2019, Plaintiff underwent a second operation for a right hemi-colectomy ...

Excerpt: ...ision SUMMARY OF ACTION Plaintiff Evelyn Gallegos was a student at Germain Elementary School with the Los Angeles Unified School District. Plaintiff alleges bullying by fellow students and the failure of the school principal, defendant Luis Lopez, to address the bullying to transfer the student to a new classroom. Plaintiff alleges a particularly violent incident on March 5, 2020, which plaintiff alleges the final act in the course of conduct lea...

Excerpt: ... LLC, and identified as the “Train Factory.” Plaintiff alleges slipping off the wet roof of a train, and fell, thereby causing injuries. Plaintiff filed a complaint on January 25, 2018 for negligence. On March 20, 2018, Plaintiff filed a first amended complaint for negligence. On March 19, 2019, Plaintiff filed the second amended complaint for negligence, and equitable estoppel. On July 18, 2019, Plaintiff filed the third amended complaint fo...

Excerpt: ...5th Cause of Action: Declaratory Relief SUMMARY OF ACTION Plaintiff Gustavo Valdivia alleges a 49% ownership stake in Baltoro Investment Group, LLC with Defendant Matthew Edwards holding the other 51% interest. The parties executed the Baltaro Operating Agreement on August 30, 2019 for the purpose of operating a licensed, retail cannabis business in the City of Los Angeles. According to Plaintiff, the City of Los Angeles requires a 51% ownership ...

Excerpt: ...ne residence. The contract price was $95,000. Plaintiff alleges that Sunshine abandoned the project after receipt of $78,000 in payment. Plaintiff subsequently hired a second contractor to finish the project at a cost of $49,000. On March 8, 2021, Plaintiff, in pro per, filed a complaint for Breach of Contract, and Negligence. On April 22, 2021, Defendant Navigator Insurance answered the complaint and filed a cross-complaint against Sunshine Buil...

Excerpt: ...er. Plaintiff's post surgical condition, due to both post-operative infections and developing hypoxemia. On October 14, 2019 Plaintiff was diagnosed with a number of conditions, including but not limited to, septic shock and renal failure, which the diagnosing physician, Imad Abumeri, found unrelated to surgery and therefore required no further intervention. On October 20, 2019, Plaintiff underwent a second operation for a right hemi-colectomy wi...

Excerpt: ...aelyn executed a person guarantee on the lease. Deluxe Logistics, Inc. took “full possession” of the premises on August 21, 2015. Plaintiff alleges that on April 14, 2016, the Los Angeles County Sheriff executed a search warrant on the premises and discovered an illegal marijuana growth operation. Plaintiff subsequently issued a 3-Day Notice to Quit, and terminated the lease. Upon reentering the premises, Plaintiff discovered alterations to t...

Excerpt: ...endant Amna Lucille Butler. The parties agreed to a purchase price of $700,000. Because of Amna Lucille Butler's poor credit, Amna Lucille Butler was only able to assume the $400,000 secured on the property. Amna Lucille Butler agreed to pay the additional $300,000 to Plaintiff Linda Butler-Ruzich via a subsequent loan secured on the property within 12 months of closing. Plaintiff Linda Butler-Ruzich is the aunt of Amna Lucille Butler. Plaintiff ...

Excerpt: ...lander of Title · 5th Cause of Action: Fraud · 6th Cause of Action: Accounting – Verification of Alleged Debt · 7th Cause of Action: Unfair Competition in Violation of Business and Professions Code section 17200 · 8th Cause of Action: Violation of Fair Debt Collection Practices Act · 9th Cause of Action: RESPA Violations · 10 th Cause of Action: Constructive Fraud · 11 th Cause of Action: Cancellation of Instrument Due to Fraud in Factum...

Excerpt: ...of trust on the property with Bank of America. On January 25, 2011, Garcia transferred one-half/50%-50% interests in the property to Defendants David and Diane Greenberg, and Jaime Farias and Myrna Farias via Grant Deed. A Substitution of Trustee and Full Reconveyance purportedly reconveying the Bank of America Deed of Trust was executed and recorded on March 16, 2015. Plaintiff alleges the deed of trust was erroneously reconveyed, and remains at...

Excerpt: ...hbors continually allow their dogs to micturate and defecate on his premises, even after multiple requests to cease this activity, which has led to confrontations. On November 24 and 25, 2020, Plaintiff, pro se, [2] filed a verified complaint and verified first amended complaint for Trespass to Land and Nuisance. Defendants Stephen Isenberg, Shauna Israel, Jennifer Price, Ryan Makhani and Sara Delpasand answered on December 28, 2020, then filed a...

Excerpt: ... of Insurance Claim · 4th Cause of Action: Unfair Business Practices · 5th Cause of Action: Fraudulent Misrepresentation · 6th Cause of Action: Constructive Fraud · 7th Cause of Action: Unjust Enrichment Motion to Strike the First Amended Complaint: · 3rd Cause of Action: Bad Faith Denial of Payment of Insurance Claim · 7th Cause of Action: Unjust Enrichment · Allegations in support of, and claim for, punitive damages SUMMARY OF ACTION Pla...

Excerpt: ...Amna Lucille Butler. The parties agreed to a purchase price of $700,000. Because of Amna Lucille Butler's poor credit, Amna Lucille Butler was only able to assume the $400,000 secured on the property. Amna Lucille Butler agreed to pay the additional $300,000 to Plaintiff Linda Butler-Ruzich via a subsequent loan secured on the property within 12 months of closing. Plaintiff Linda Butler-Ruzich is the aunt of Amna Lucille Butler. Plaintiff Linda B...

Excerpt: ...SR-14, when the vehicle began decelerating, even though the tachometer showed the engine continued to operate. Eric attempted to reach the shoulder, but was only able to bring the vehicle to the “number 5 lane” before the vehicle completely stopped. “Approximately 20-30 seconds” after coming to a stop, “a 13-ton flatbed tow truck” owned and/or operated by the “Tow Co.” defendants and driven by defendant Jose Bravo collided with th...

Excerpt: .... In their Second Amended Complaint, the Plaintiffs allege the following causes of action: 1) Fraud; 2) Breach of Contract; 3) Breach of Implied Covenant of Good Faith and Fair Dealing; 4) Unfair Competition Law (There are no fifth or sixth causes of action) 7) Negligent Infliction of Emotional Distress; 8) Intentional and Negligent Misrepresentation 9) Misrepresentations by All Services 10) Violation of Civil Code section 2923.5 11) Violation of...

Excerpt: ...016 Wraith. Defendant Alvin Perkins, as president of Platinum Business Solutions, LLC executed and guaranteed the lease on behalf of the corporate entity. The lease required 48 monthly payments of $2,551.93. Defendants failed to make the payment due on January 2, 2020, or any payment thereafter. Plaintiff alleges an outstanding lease balance of $207,965.74. On March 3, 2021, Plaintiff filed a complaint for breach of contract, common count, breach...

Excerpt: ...Strike Complaint SUMMARY OF ACTION Plaintiff Larion Krazyman alleges Defendants L&J Assets, LLC and Ron Hacker transferred assets to Defendant Bag Fund, LLC in order to evade payment on a $126,000 judgment in a prior action. On June 18, 2020, Plaintiff in pro per filed a verified complaint for intentional fraudulent transfer under Code of Civil Procedure section 3439.04, and conspiracy to defraud creditors. On June 24, 2020, Plaintiff substituted...