Excerpt: ...rnational Clothing, Inc. ordered one million dollars ($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 s...

Excerpt: ...uiet title, and declaratory relief on March 25, 2022. The dispute involves title to 11208 Tamarack Ave., Pacoima. RULING: Granted. Evidentiary Objections: Sustained. The declaration of Neftali Martinez indicates execution of the declaration outside the state of California, without reference to compliance with California law. The declaration is therefore in violation of Code of Civil Procedure section 2015.5, and cannot be presented as evidence in...

Excerpt: ...unt. 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 causes of action...

Excerpt: ...Terrell Gillard, committed varying sexual acts with the plaintiffs, when they were between the ages of 15 to 17 years old both on and off campus premises. Gillard is represented as incarcerated, and Los Angeles Unified School District appears as the only defendant in the action. On February 23, 2021, and June 7, 2021, Plaintiffs filed their complaint for child sexual assault, negligence, and negligent failure to educate, train, and warn. The acti...

Excerpt: ...intiff Sheila and Katerelos sustained alleged injuries as a result of riding on the X2 rollercoaster. On November 10, 2021, Plaintiff filed a complaint for Negligence, Strict Product Liability, Negligent Product Liability, and Loss of Consortium. On June 6, 2022, Plaintiff substituted in Timothy Burkhart for Doe 1. On October 5, 2022, the action was transferred from the Personal Injury court to Department 47. The case was transferred to Departmen...

Excerpt: ...wo were on the premises of Los Angeles County Fire Department Station 81 in Agua Dulce. 21STCV36657 On October 5, 2021, Larry and Bonnie Carlon Carlon, individually and on behalf of the Estate of Tory Carlon, filed a complaint for Assault and Battery, Negligence, and Wrongful Death. On April 21, 2022, Estate of Jonathan Tatone, et al. filed a cross-complaint for Wrongful Death, Negligence, Indemnity, Contribution, and Declaratory Relief against C...

Excerpt: ...n Partners, LLC alleges a January 24 or 25, 2021, oral agreement, whereby defendants World Tech Toys, Inc., World Trading 23, Inc., and/or Kevork Kouyoumjian, agreed to deliver certain personal protective equipment (PPE) described as “medical grade disposable seamless rubber gloves.” Plaintiff alleges payment of five million dollars ($5,000,000), but only received non-medical grade, non-FDA approved, “counterfeit” equipment, which lacks a...

Excerpt: ...eowners within a real estate development governed by Quail Ranch Estates HOA, Inc. (HOA). Pursuant to “Articles and Bylaws,” the HOA collected $150/month in assessments for the benefit of participating homeowners. Plaintiffs alleges the individual defendant officers comprising the HOA board violated “respective fiduciary duties,” due to their failure to pay annual fees to the State of California, thereby leading to the suspension of the H...

Excerpt: ...lga Kapustin owes $93,931.48 for legal services rendered. On September 30, 2021 and January 14, 2022, Plaintiff filed a complaint and first amended complaint for Breach of Contract, and Common Counts. Defendant answered and filed a cross-complaint for fraud and declaratory relief on June 6, 2022. On September 26, 2022, the case was assigned from Department 49 to Department 51. Following a 170.6, the case was assigned back to Department 49 on Octo...

Excerpt: ...ghi are homeowners within a real estate development governed by Quail Ranch Estates HOA, Inc. (HOA). Pursuant to “Articles and Bylaws,” the HOA collected $150/month in assessments for the benefit of participating homeowners. Plaintiffs alleges the individual defendant officers comprising the HOA board violated “respective fiduciary duties,” due to their failure to pay annual fees to the State of California, thereby leading to the suspensi...

Excerpt: ...oseph Barragan, Umberto Barragan, Ruben Barragan (deceased), and Jaime Barragan. Notwithstanding the agreement, in February 2022, Jaime sold the property for $769,000, and refused to share any of the net proceeds. On August 8, 2022, Plaintiffs filed a complaint for Breach of Contract and Common Counts. RULING: Sustained with Leave to Amend. Request for Judicial Notice: Granted. The court can only take judicial notice of the filing of the pleading...

Excerpt: ...by Defendant 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 ...

Excerpt: ...tion: Negligence · 3rd Cause of Action: Violation of the Bane Act SUMMARY OF ACTION On June 1, 2021, Jonathan Patrick Tatone shot and killed Tory Carlon, then committed suicide, while the two were on the premises of Los Angeles County Fire Department Station 81 in Agua Dulce. 21STCV36657 (Lead Case) On October 5, 2021, Larry and Bonnie Carlon Carlon, individually and on behalf of the Estate of Tory Carlon, filed a complaint for Assault and Batte...

Excerpt: ...grant deed conveying joint title was obtained as a result of manipulation. On February 22, 2020, Plaintiff filed a complaint for Financial Elder Abuse, Quiet Title, Ejectment, and Cancellation of Instrument. Defendant answered the complaint on May 2, 2019. A lis pendens was recorded on the property on July 16, 2020. (Bertha Bundy passed away on April 6, 2014, and Richard Bundy and Diane Brooks married in 2017.) On April 8, 2021, the court granted...

Excerpt: ...gent work. On August 10, 2022, Plaintiff, in pro per filed a complaint for “fraud, negligence, breach of contract” seeking damages of $100,000. RULING: Sustained with Leave to Amend. Defendants Eric Babayan, D.D.S., et al. submit the subject demurrer to the complaint on grounds of standing and failure to state facts supporting any and all identified causes of action. The complaint is apparently brought for allegedly substandard orthodontic ca...

Excerpt: ...a for medical treatment. Plaintiff maintains that a deviated septum interferes with his breathing, and therefore elects to avoid wearing a mask. Notwithstanding Plaintiff's objections to wearing a mask, Plaintiff was told a mask was required for any treatment. Plaintiff declined and asked that his paperwork be returned. Plaintiff alleges his medical condition constitutes a disability, and the denial of service violated the right of equal access t...

Excerpt: ... involved “illegal sexual acts” allegedly conducted by Plaintiffs Mike and Paul Kobeissi, and Defendants Dan and Brad Kobeissi. Plaintiffs allege Hussein recorded the conversation without the knowledge and consent of Mike and Sandy, and later published/shared the content of the recording with various friends, family, acquaintances, members of the community, etc. beginning in 2018 and continuing within six months of the complaint. Hussein is t...

Excerpt: ... performed by Defendant 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 ope...

Excerpt: ...tive Business Advantage · 4th Cause of Action: Negligent Interference with Prospective Economic Advantage · 5th Cause of Action: Intentional Interference with Contractual Relations · 6th Cause of Action: Violation of Business and Professions Code section 17200 · 9th Cause of Action: Fraud – Negligent Misrepresentation SUMMARY OF ACTION 22CHCV00236 Defendant Mina Kateb was “hired … as a managing director” with Plaintiff Monocent, Inc. ...

Excerpt: ...the emergency room of St. Jospeh Medical Center dba Holy Cross Medical Center, a facility operated by Defendant Providence Health System – Southern California dba Providence Holy Cross Medical Center. Defendant Doctor Alon Antebi performed surgery on Plaintiff's right leg. Plaintiff alleges that Dr. Antebi improperly placed a screw into the dynamic slot of Plaintiff's leg without consent. Plaintiff alleges he only consented to placement of a sc...

Excerpt: ...th the City of Los Angeles. Rather than submitting an application, Defendants sought to broker an investment agreement with an existing cannabis business also in the process of obtaining cannabis business licensing. Plaintiff alleges Defendants were in fact engaged representing the seller as well, without disclosing said relationship to Plaintiff, thereby creating a conflict of interest. Defendants subsequently disclosed the relationship, and Pla...

Excerpt: ...Hugo Osoy, and alleges Osoy failed to maintain a workers' compensation policy at the time of the incident. On May 21, 2020, Plaintiff filed a complaint for breach of statutory obligation, negligence, and premises liability. Defendants answered the complaint on August 19, 2020. On December 30, 2022, the action was reassigned to Department 49. RULING: Granted. Plaintiff Pablo Padron moves to compel further deposition responses to certain questions ...

Excerpt: ... alleges Osoy failed to maintain a workers' compensation policy at the time of the incident. On May 21, 2020, Plaintiff filed a complaint for breach of statutory obligation, negligence, and premises liability. Defendants answered the complaint on August 19, 2020. On December 30, 2022, the action was reassigned to Department 49. RULING: Denied. Plaintiff Pablo Padron moves for a writ of attachment for $26,610,829.39. The amount arises from past an...

Excerpt: ...Distress · 6th Cause of Action: Negligent Hiring, Retention, Supervision and Training · 7th Cause of Action: Negligence Motion to Strike Allegations in Support of, and Claim for, Punitive Damages SUMMARY OF ACTION Plaintiff John Doe 3 was a regular patient of Defendant Gregory Castillo. Beginning in 2010, Plaintiff alleges Dr. Castillo positioned himself in close proximity to Plaintiff and made contact with Plaintiff's shoulder. Dr. Castillo al...

Excerpt: ...f Real Property for 30227 Hasley Canyon Road, Castaic. On March 23, 2022, the court overruled the demurrer of Defendants Alexandria Wise, Mitchel Wise, and Preston Wise to the complaint. Defendants answered the complaint on April 11, 2022, and filed a cross-complaint against Carl Fout for Partition, Accounting, and Constructive Trust for the same property. RULING: Denied. On August 11, 2022, the court continued the hearing to November 29, 2022, i...

Excerpt: ...fied as defendant Charly Taylor. On May 7, 2022, Anderson alleges a co-tenant in the building, defendant Stanley Nathanson, committed a sexual assault and attempted within the apartment building laundry room common area. Plaintiffs submitted a complaint with property manager Taylor, but allege defendant landlords refused to conduct any independent investigation and/or seek eviction of Nathanson. Instead, on August 17, 2022, Plaintiffs were served...

Excerpt: ...-Acute skilled nursing facility for physical therapy. Following a treatment period from January 7, 2019 to March 24, 2019, Plaintiff “suffered an adverse reaction to medication,” which led to admission at third party Northridge Hospital for seven days. Following the discharge from Northridge Hospital, Plaintiff was transferred to defendant Stoney Point Healthcare Center (SPHC) for further physical therapy. Defendant, Dr. Gale Stone, was Plain...

Excerpt: ...010, Plaintiff acquired certain real property, 20003 Egret Place, Canyon Country. Plaintiff fell into arrears on the mortgage in 2018, thereby leading to a June 18, 2018, recorded Notice of Default and October 9, 2018 recorded Notice of Trustee Sale by Defendant Mortgage Management Consultants, Inc. The sale date was set for October 30, 2018, but was apparently not conducted. In February to March 2019, Plaintiff began submitted a loan modificatio...

Excerpt: ... Investment Properties, Inc. filed a complaint for Unlawful Detainer against Charles and Sheila Johnson. Plaintiff alleges 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. On June 30, 2022, the court sustained the demurrer to the complaint. Plaintiff filed a first amended complaint for ...

Excerpt: ...al Distress · 6th Cause of Action: Negligent Hiring, Retention, Supervision and Training · 7th Cause of Action: Negligence SUMMARY OF ACTION Plaintiff John Doe 3 was a regular patient of Defendant Gregory Castillo. Beginning in 2010, Plaintiff alleges Dr. Castillo positioned himself in close proximity to Plaintiff and made contact with Plaintiff's shoulder. Dr. Castillo also began regularly performing digital probing rectal examinations for a �...

Excerpt: ...e on the premises of Los Angeles County Fire Department Station 81 in Agua Dulce. Procedurally, there are three cases currently pending before this court (Dept. F49): 21STCV36657 (Lead Case) On October 5, 2021, Larry and Bonnie Carlon, individually and on behalf of the Estate of Tory Carlon, filed a complaint for Assault and Battery, Negligence, and Wrongful Death. On April 21, 2022, Estate of Jonathan Tatone, et al. filed a cross-complaint for W...

Excerpt: ...Plaintiff, no written estimate was furnished, and some or all of the alleged repairs were not performed. Defendant demanded payment of $5,500. On June 2, 2021, Plaintiff, in pro per, filed a complaint for Fraud RULING: Overruled. Sam Hattar dba Xtreme Autosports SCV, pro per submits the subject demurer to the complaint for fraud on grounds of failure to submit a claim against these specific defendants and uncertainty. Defendant specifically chall...

Excerpt: ...laintiffs' joint ownership of 11449 Sproule Ave., Pacoima, with predecessor Roxella Hudson. Plaintiff Helen Dennis is the daughter of Hudson. Upon the death of Hudson on November 27, 2018, defendant Invictus Lison represented an interest as successor trustee of the trust previously established by Hudson. Plaintiffs filed the instant complaint with the intention of compelling a sale of the property, which defendant refuses to agree. Plaintiffs als...

Excerpt: ...d workers compensation insurance to defendant Osmin's Iron Inc. for the period October 4, 2017 to October 4, 2018, and October 4, 2018 through November 13, 2018. The policy premiums totaled $41,543.75. No portion of the policies were paid. State Compensation Insurance Fund assigned the debt to plaintiff Creditors Adjustment Bureau for collection. On October 22, 2019, plaintiff filed a complaint for breach of contract, open book account, account s...

Excerpt: ...een Tree Servicing, LLC (“Ditech”), and Clear Recon Corp. (“Clear Recon”) alleging causes of action for: (1) violation of Civil Code § 2923.55; (2) violation of Civil Code § 2923.6; (3) violation of Civil Code § 2923.7; (4) violation of Civil Code § 2924.12; (5) breach of contract; (6) breach of the covenant of good faith and fair dealing; (7) negligence; (8) negligent infliction of emotional distress; (9) unfair business practices.¿...

Excerpt: ...on of Emotional Distress · 11 th Cause of Action: Nuisance SUMMARY OF ACTION Plaintiffs Natasha Robinson and David Maxim are “residents” at Paseo Dorena Townhomes. The property is governed by Defendant Paseo Dorena Owners Association. Defendants Dina Marie Gordon, Louie Bryan Gonzalez and Monique Gordon are also residents at the property. Defendants Warren Davidoff, Melissa Lopez and Mike Dukoff are member of the Owners Association board Pla...

Excerpt: ...Violation of the Bane Act SUMMARY OF ACTION On June 1, 2021, Jonathan Patrick Tatone shot and killed Tory Carlon, then committed suicide, while the two were on the premises of Los Angeles County Fire Department Station 81 in Agua Dulce. Procedurally, there are three cases currently pending before this court (Dept. F49): 21STCV36657 (Lead Case) On October 5, 2021, Larry and Bonnie Carlon, individually and on behalf of the Estate of Tory Carlon, fi...

Excerpt: ...1. RULING: Denied. Plaintiff Macaria Beltran moves to terminate the December 30, 2022, ordered stay, due to the failure to comply with the court order requiring payment of the water bill on the property. Plaintiff represents the unpaid Los Angeles Department of Water and Power bill now totals $28,510.19, with a risk of a terminated account and other unspecified “legal consequences.” The stay perpetuates the potential for additional harm to Pl...

Excerpt: ...aint on July 18, 2022. On August 15, 2022, Defendant failed to appear for the Case Management Conference. The court subsequently set an OSC re: Sanctions for August 30, 2022. When Defendant failed to appear for the OSC re: Sanctions on August 30, 2022, the court struck the answer of Defendant. The clerk entered default the same day. On August 31, 2022, the court entered default judgment declaring the lease forfeited. A writ of possession was also...

Excerpt: ...20,000, one for $15,000) following the sale of her home, without any intention to repay the loans. Plaintiff also alleges that Defendant also somehow had “taken” another $70,000 from Anna Khamo, though it's not clear how this occurred. On June 8, 2020, Plaintiff filed a complaint for Breach of Contract, and Financial Elder Abuse. Defendant answered on October 26, 2021. RECOMMENDED RULING: Granted. Defendant, Rony Warda moves to set aside admi...

Excerpt: ...sion and segmental fixation at L4-L5 operation performed by Defendant 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 Octo...

Excerpt: ...sidential lease agreement in November 2021. On August 19, 2022, the court held a bench trial and ruled in favor of plaintiff landlord. The court entered judgment on September 12, 2022, which provides for possession within 30 days of the order, and the return of keys, clickers, and gate operating systems. The writ of possession was entered on September 29, 2022. On November 8, 2022, the court denied Defendant's motion for relief from forfeiture. R...

Excerpt: ...emaining balance of $32,305 for construction of a pool and spa. The balance arises as a result change orders, which Plaintiffs allege Defendant requested knowing Defendant lacked the ability to pay the changes. Plaintiffs additionally contend that Defendants submitted a “fraudulent insurance claim containing” on the construction bond representing the construction delays were the fault of Plaintiffs. According to Plaintiffs: the construction w...

Excerpt: ...halt surface in the parking lot in front of the Baskin Robbins store. On May 10, and June 8, 2022, Bryan filed a complaint and first amended complaint for negligence, and premises liability. On August 22, 2022, the case was transferred from Department 31 in the personal injury hub to Department 49 in Chatsworth. RULING: Granted. Plaintiff Rose Bryan moves for trial preference on grounds that Plaintiff is 80 years old, and Plaintiff's current heal...

Excerpt: ...rom defendant State Farm General Insurance Company, which included a Loss of Income provision for a period of up to 12 months in case of an event covered loss. On September 1, 2018, the business was burglarized, thereby leading to loses of merchandise inventory. Plaintiff submitted a claim, and eight months later was paid $101,400 for the stolen inventory. Plaintiff contends the payment lacked any compensation for the loss of income itself. Two y...

Excerpt: ...including paralysis. Following discharge from the hospital, Plaintiff was transferred to a six (6) bed congregate living health facility operated by Defendant CareMeridian, LLC dba Neurorestorative OSO North (CareMeridian). During Plaintiff's residency at the facility, Plaintiff developed multiple pressure which staff failed to discover and/or properly assess and/or treat, thereby requiring admission to the hospital. Plaintiff also alleges neglec...

Excerpt: ...cer St., Pacoima, sold for an unspecified amount. On May 6, 2022, Plaintiff Sally Motodani received a $181,798.69 check from the escrow company. Because plaintiff is 96 years old, and depends on a caretaker, Plaintiff alleges an agreement with the buyers for a six (6) month stay on the premises in order to allow Plaintiff an opportunity to find a new residence. The stay over was set to end on September 14, 2022. Meanwhile, Plaintiff agreed to cer...

Excerpt: ...eal Property issued on September 8, 2022, pursuant to Code of Civil Procedure section 473.5. (Code Civ. Proc., § 473.5.) SUMMARY OF ACTION The present action is an unlawful detainer action. Ismael Jauregui (“Plaintiff”) is the owner of the real property located at approximately 27537 Eastbrook Avenue in Canyon Country, California (“Subject Premises”). On March 1, 2020, Plaintiff entered into a written lease agreement with Esteban Ernesto...

Excerpt: ... Plaintiff Sandy Kobeissi RELIEF REQUESTED Defendants request an order (1) compelling Plaintiff to serve verified responses, without objections, to Hussein's Special Interrogatories (Set 2); (2) compelling Plaintiff to serve verified responses, without objections, and produce all documents responsive to Hussein's Request for Production of Documents (Set 2); and (3) compelling the deposition and production of documents of Plaintiff. Defendants als...

Excerpt: ... and not individually. Defendant claims the second, fourth, and tenth causes of action are defective for failure to allege sufficient facts to establish a cause of action. Defendant also alleges that all claims asserted by Plaintiffs are time- barred. SUMMARY OF ACTION Plaintiffs filed their initial Complaint on March 1, 2022. Plaintiffs filed the FAC on July 6, 2022 alleging (1) Breach of Contract as to The Global Pharmacy Source, LLC (“GPS”...

Excerpt: ...Inc., (4) Conglomerate Marketing, LLC, (5) More Agency, Inc., (6) Arutyun Barsamyan, and (7) Mike A. Toroyan, and for civil penalties totaling $128,061,000. The instant motion is not filed against Defendant Kevin Halloran. SUMMARY OF ACTION On September 23, 2020, plaintiffs California Department of Public Health and Bureau of Cannabis Control, the predecessor agencies to Plaintiff Department of Cannabis Control (hereinafter “Plaintiff” or “...

Excerpt: ...detainer action. Dunn Investment Properties, Inc. (“Plaintiff”) owns the real property located at 24773 Avenue Rockefeller in Valencia, California (“Subject Property”). On January 20 , 2011, Plaintiff entered into a lease agreement with Defendant Johnson and Sheila S. Johnson (collectively, “Defendants”) whereby Defendants agreed to lease the Subject Property in exchange for the monthly payment of rent in the amount of $7,411.00. Plai...

Excerpt: ...urt can take judicial notice of publications reflecting official acts of a government agency. · The court takes judicial notice of the federal district court case for persuasive authority only. · The court declines to take judicial notice of the declaration. Defendants George Vergara, Kenry Kim, and Jae Shin Song submit the subject demurrer to the fifth, sixth, seventh, eighth, and ninth causes of action for Breach of Guaranty, Tortious Breach ...

Excerpt: ... (h) to allow additional time for already propounded additional discovery to be completed. SUMMARY OF ACTION On May 5, 2022, Plaintiff Carl Fout, Trustee of the Carl Fout 2018 Trust dated May 8, 2018, filed a MSJ on the complaint for partition. According to Plaintiff, the property was equally held by the Carl Fout trust, and Valerie Fout Trust (Valerie Fout passed away) trustee, Alexandria Wise. Plaintiff represented that Defendants Mitchel and P...

Excerpt: ...nd through her Guardian ad Litem, Sara Arrington; PAIGE ARRINGTON, a minor, by and through her Guardian ad Litem, Sara Arrington; LAUREN ARRINGTON, a minor, by and through her Guardian ad Litem, Sara Arrington; ; KRISTIN BORLAND; WILLIAM BORLAND; PAYTON BORLAND, a minor, by and through her Guardian ad Litem, Kristin Borland, FLETCHER BORLAND, a minor, by and through his Guardian ad Litem, Kristin Borland; ALIVIA MORRISON, a minor, by and through ...

Excerpt: ...8, 2020, Plaintiff Eric Finn was driving a 2015 Nissan Sentra vehicle (the “Subject Vehicle”), with plaintiff Asia Finn, and Murdewiyanti and Talent James Finn on SR-14, when the Subject 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 Subject Vehicle to the “number 5 lane” before the Subject Vehicle completely stopped. “Ap...

Excerpt: ...the Sotos). The Swansons and the Sotos live on adjacent properties, separated only by a narrow private road in Agua Dulce, California. The private road connects two neighboring residences to the main road and is used by both residents and delivery services. The private road is located on Parcels 2, 3, and 4, and the Swansons own an easement on those parcels. Parcel 3 is on the Soto side of the private road, which is on the inside of a sharp turn....

Excerpt: ... Received · 8th Cause of Acton: Alter Ego · 9th Cause of Acton: Elder Financial Abuse · 10 th Cause of Acton: Violation of California Business and Professions Code section 17200o loo SUMMARY OF ACTION On March 1, 2022, Plaintiffs filed their verified complaint for Breach of Contract as to The Global Pharmacy Source, LLC, Breach of Contract as to the CDK Pharm Holding, LLC, Fraudulent Intentional Misrepresentation, Breach of Fiduciary Duty, Unj...

Excerpt: ...Plaintiff filed its complaint for common counts. On December 1, 2021, the court entered the parties' stipulation for conditional entry of judgment for $$28,552.21m and dismissed the action. The agreement provided for a monthly payment schedule beginning on July 16, 2021, with a default leading to entry of judgment for the full balance less credited payments. The stipulation provides for the court to retain jurisdiction pursuant to Code of Civil P...

Excerpt: ... granted the unopposed motion to vacate the default. On October 18, 2022, the court granted Plaintiff leave to file a first amended complaint adding a PAGA action. The first amended complaint was filed on October 21, 2022. RULING: Granted. Defendant, Granada Hills Convalescent Hospital, Inc. moves for leave to compel arbitration as individual Plaintiff Nicole Auceda only, and not in capacity as a representative of the (PAGA) action. Plaintiff in ...

Excerpt: ...venant of Good Faith and Fair Dealing ∙ 6 th Cause of Acton: Tortious Breach of Contract ∙ 7 th Cause of Acton: Negligence ∙ 8 th Cause of Acton: Violation of Business and Professions Code section 17200 ∙ 9 th Cause of Acton: Specific Performance Joinder of George Vergara, Henry Kim, and Jae Shin Song SUMMARY OF ACTION On April 11, 2012, Plaintiff 23801 San Fernando Road Landco, LLC agreed to lease certain premises to Santa Clarita Conval...

Excerpt: ...ctment, Nuisance, and Interference with Easement against David and Shelley Soto, et al. The complaint arises from Plaintiffs' ownership of 33948 Agua Dulce Canyon Road, Agua Dulce, which comprises four parcels, and includes three (3) separate road and/or ingress/egress easements burdening the property of the Sotos, identified as 33906 Agua Dulce Canyon Road, Agua Dulce. Plaintiffs allege that in order for larger delivery vehicles to complete thei...

Excerpt: ...e administration of sublingual nitroglycerin and an examination, Sarita Bischel was discharged from emergency room. Sarita subsequently suffered a heart attack, and was declared dead at the hospital on September 5, 2019. On August 28, 2020, Plaintiffs filed a complaint for Negligence (first and third causes of action), and Intentional Tort (emotional distress). On October 23, 2020, Plaintiffs filed their first amended complaint for Negligence. On...

Excerpt: ...nce of $32,305 for construction of a pool and spa. The balance arises as a result change orders, which Plaintiffs allege Defendant requested knowing Defendant lacked the ability to pay the changes. Plaintiffs additionally contend that Defendants submitted a “fraudulent insurance claim containing” on the construction bond representing the construction delays were the fault of Plaintiffs. According to Plaintiffs: the construction was still comp...

Excerpt: ... Cause of Action: Violation of Business and Professions Code section 17200 · 6th Cause of Action: Wrongful Termination in Violation of Public Policy SUMMARY OF ACTION On January 21, 2020, Plaintiff Jan Minkovich executed a written Executive Employment Agreement, whereby Plaintiff was to be employed as Senior Vice President of Operations and Acquisitions from January 1, 2020 through December 31, 2023 for Defendant Innovative Payment Solutions, In...

Excerpt: ...f a month to month residential lease agreement in November 2021. On August 19, 2022, the court held a bench trial and ruled in favor of plaintiff landlord. The court entered judgment on September 12, 2022, which provides for possession within 30 days of the order, and the return of keys, clickers, and gate operating systems. The writ of possession was entered on September 29, 2022. RULING: Denied. Defendant, Patrick Graham moves for relief from f...

Excerpt: ...22, then a default judgment for possession on February 7, 2022. On April 21, 2022, the court granted Defendant's motion to vacate the default judgment. At the July 7, 2022, final status conference, the court granted Defendant's unopposed motion to dismiss the action based on the submission of a financial distress declaration and City of Los Angeles eviction moratorium for commercial property. RULING: Granted. Defendant Nimeh Khlaif dba Nick's Aut...

Excerpt: ...h defendant Andrew Alex, whereby both parties would jointly operate the business and equally share in expenses and revenue. Ferrufino alleges Alex breached the agreement in failing to equally share sales proceeds. Ferrufino additionally alleges fraud based on the sale of two “HAAS MACHINES” instead of transferring title to the machines to Ferrufino after Ferrufino paid Alex over $180,000 for sole ownership of the machines. Alex also allegedly...

Excerpt: ...latwork” on the Plaintiffs' property. The contract price is not alleged, but Plaintiffs allege the contract included a three year warranty guaranteeing structural integrity, or necessary repairs, if applicable. Construction occurred between June 4, 2019 to October 16, 2019. Plaintiffs allege that “within one month” of completion, cracks appeared in the “flatwork,” which led to later displacement and damage to adjacent concrete and tiles...

Excerpt: ...Cause of Action: Procedural Due Process/Article I, section 7 of the California Constitution · 5th Cause of Action: Violation of California Fair Employment and Housing Act/Medical Condition Discrimination · 6th Cause of Action: Violation of California Fair Employment and Housing Act/Retaliation by Individual · 7th Cause of Action: Violation of California Education Code section 220 and Government Code section 11135 · 8th Cause of Action: Wrongf...

Excerpt: ...l treatment. Plaintiff maintains that a deviated septum interferes with his breathing, and therefore elects to avoid wearing a mask. Notwithstanding Plaintiff's objections to wearing a mask, Plaintiff was told a mask was required for any treatment. Plaintiff declined and asked that his paperwork be returned. Plaintiff alleges his medical condition constitutes a disability, and the denial of service violated the right of equal access to the facili...

Excerpt: ... 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, the cou...

Excerpt: ...nt started at a 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 de...

Excerpt: ...ase agreement for certain premises with Defendants Sayra Alvarado, Norma Saleido, and Jonathan Banuelos. Defendants took possession of the premises on the same date. Plaintiff alleges Defendants violated the lese by keeping more than one pet on the premises without prior written approval. Plaintiff also alleges Defendants failed to perform agreed upon maintenance. Plaintiff cancelled the lease, but Defendants continue to occupy the premises witho...

Excerpt: ...otional distress. On August 16, 2021, Adams filed a verified first amended complaint for forcible detainer, wrongful eviction, intentional infliction of emotional distress, negligent infliction of emotional distress, restitution, conversion, loss of prospective economic advantage, quiet, declaratory relief, constructive trust, and adverse possession. Adams filed a notice of lis pendens on August 16, 2021 as well. On March 15, 2022, the court ente...

Excerpt: ...ratory Relief SUMMARY OF ACTION Plaintiff Chul Chang alleges status as “attorney in fact” for plaintiff Kyong Cha Chang via a durable financial power of attorney referenced as an exhibit to the operative complaint, but not in fact incorporated. The operative complaint further alleges that “Plaintiff is the widow of Thomas P. Kim,” and “Choon S. Kim is Decedent's predeceased first spouse who died in 2015.” Defendant Leslie Hyun Park �...

Excerpt: ...e court takes judicial notice of the filed pleadings, but cannot consider the truth of the matter asserted. On April 15, 2022, the court granted the motion to compel further deposition of Irene De La Cerda aka Irene Sullivan brought by Gerald De La Cerda for the limited purpose of testifying to the exhibits and addressing the privacy objections. The additional deposition session was limited to no more than four (4) hours. Due to the conduct of th...

Excerpt: ...iary duty, unjust enrichment, abuse of process, and breach of oral rental agreement. On April 23 and 26, 2021, Defendant Kerwin, in pro per, filed a cross-complaint for assault and battery, defamation of character, corporate defamation, abuse of personal credit, embezzlement and misuse of business funds negligence leading to theft of all personal property, fraud, profiteering and investment fraud, then answered the complaint. On July 13, 2021, th...

Excerpt: ...ly 28, 2022, the court entered the parties stipulated judgment. RULING: Granted, Possession Only. Plaintiff Santa Clarita Studios moves to enforce the stipulated judgment. On July 28, 2022, the court entered the parties' stipulated judgment, whereby Defendant agreed to a certain payment schedule for both the rent deficiency and future rent. Defendant also agreed to vacate the premises no later than September 15, 2022, with defendant responsible f...

Excerpt: ...006, Defendant executed a second note with America's Wholesale Lender for $128,400 again secured by deed of trust on the property. On July 1, 2008, Defendant defaulted on the second note. On July 2, 2008, third party Bank of America acquired America's Wholesale Lender via its acquisition Countrywide Home Loans. On September 24, 2009, a foreclosure sale occurred yielding a sum of $336,000. The sale proceeds were insufficient to cover either the pr...

Excerpt: ...of America”), Ditech Financial, LLC f/k/a Green Tree Servicing, LLC (“Ditech”), and Clear Recon Corp. (“Clear Recon”) alleging causes of action for: (1) violation of Civil Code § 2923.55; (2) violation of Civil Code § 2923.6; (3) violation of Civil Code § 2923.7; (4) violation of Civil Code § 2924.12; (5) breach of contract; (6) breach of the covenant of good faith and fair dealing; (7) negligence; (8) negligent infliction of emotio...

Excerpt: ...nd Woodland Hills Medical Clinic II, Inc. filed a complaint for Breach of Settlement Agreement, Implied Contractual Indemnity, and Breach of Lease against Ahang Mirshojae and 5975-5999 Topanga Canyon Blvd. The subject complaint arises following three separate preceding cases: a January 9, 2017 filed action, Woodland Hills Medical Clinic II, Inc., et al. v. Zelk, et al. (LC105050), a February 3, 2017 and 5975-5999 Topanga Canyon Blvd., et al. v. Z...

Excerpt: ...HOA). Pursuant to “Articles and Bylaws,” the HOA collected $150/month in assessments for the benefit of participating homeowners. Plaintiffs alleges the individual defendant officers comprising the HOA board violated “respective fiduciary duties,” due to their failure to pay annual fees to the State of California, thereby leading to the suspension of the HOA as a corporate entity; failed to hold required meetings; failed to inform homeown...

Excerpt: ...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 October 22, 2021, ...

Excerpt: ...ipment. 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), Conversion – Civil Code section 3336, Br...

Excerpt: ...s Advantage · 4th Cause of Action: Negligent Interference with Prospective Economic Advantage · 5th Cause of Action: Intentional Interference with Contractual Relations · 6th Cause of Action: Violation of Business and Professions Code section 17200 · 8th Cause of Action: Fraud—Intentional Misrepresentation · 9th Cause of Action: Fraud – Negligent Misrepresentation · 10 th Cause of Action: Misappropriation of Trade Secrets SUMMARY OF ACT...

Excerpt: ...les County Fire Department Station 81 in Agua Dulce. On November 16, 2020, the Carlon Plaintiffs filed their complaint for Assault and Battery, Negligence, and Wrongful Death. On April 21, 2022, Estate of Jonathan Tatone, et al. filed a cross-complaint for Wrongful Death, Negligence, Indemnity, Contribution, and Declaratory Relief against County of Los Angeles. On June 17, 2022, the court found 22STCV07738 and 22STCV02526 related. On June 23, 202...

Excerpt: ... Infliction of Emotional Distress · 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 Valdivia, the City of L...

Excerpt: ...on: Declaratory Relief Motion 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 t...

Excerpt: ...tract with Defendants Shahyad 26, LLC, Benji Construction Group and Benji & Associates Realty on July 10, 2019 for the provision of certain contractor services and materials for real property located at 5941 Encino Ave., Encino. On October 17, 2019, the Benji defendants told Plaintiff to cease construction, due to the rejection of the building plan by the City of Los Angeles. A new set of plans were presented, which led to approval by Building an...

Excerpt: ...whereby Plaintiff agreed to purchase all interests, including assets and liabilities, in an entity identified as Alliance Metal Products, Inc. The purchase price was $200,000. The parties also executed a second agreement for the purchase of certain assets valued at $100,000, and represented as the property of Danny Rowlett. The agreements were executed on September 27, 2018. Plaintiff financed the agreement with the transfer of certain real prope...

Excerpt: ...tions and Acquisitions from January 1, 2020 through December 31, 2023 for Defendant Innovative Payment Solutions, Inc. On December 18, 2020, Plaintiff alleges termination of employment by Defendant William Corbet and Innovative Payment Solutions, Inc. On May 26, 2022, Plaintiff filed a complaint for Breach of Contract, Nonpayment of Wages, Waiting Time Penalties, Failure to Indemnify Expenses, Violation of Business and Professions Code section 17...

Excerpt: ...nt 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 he...

Excerpt: ...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 estate to occupy the property, rather than placed in an off-site care fa...

Excerpt: ...greement, whereby Defendant Opendoor Property Acquisition, LLC (Opendoor) offered to purchase Plaintiff's existing home for $608,000. Opendoor is allegedly partially owned by Defendants Calatlantic and Lennar Title, Inc. (Lennar). While Plaintiff sought financing for the purchase of the Galloway Drive home, Plaintiff alleges Defendants “pushed” for his use of Defendants' preferred lender. When Plaintiff elected to use his own lender, Plaintif...

Excerpt: ... Global. On April 21, 2022, Klink filed a complaint for negligence/negligence per se. On July 8, 2022, the action was transferred from Department 31 to Department 47. On July 11, 2022, the case was assigned from Department 47 to Department 49 following a 170.6 challenge to Department 47. The action was transferred from the Personal Injury court to Department 49 on February 19, 2020. On September 16, 2020, the court overruled the demurrer to the d...

Excerpt: ...rcial premises located at 20751 Marilla St., Chatsworth on June 15, 2022. Plaintiff also alleges daily holdover charges of $500/day. Defendant answered on July 29, 2022. RULING: Denied. Request for Judicial Notice Granted as to the filing of the complaint, Pura Vida Tres, Inc. v. Bright Advisors, Inc., 22STCV28482. Plaintiff Bright Vision Advisors, Inc. (Bright Vision Advisors) moves for summary judgment on the unlawful detainer action based on t...

Excerpt: ...fs Adela Mercado, et al. are all resident homeowners with the common areas governed by Defendant San Francisco Townhouse Association (“HOA”). On an unspecified date prior to January 10, 2019, Defendant HOA hired Defendant Imperial Roofing, Inc. to conduct certain unspecified repairs on the roofs of the Plaintiffs' townhomes. On January 10, 2019, a roofer allegedly started a fire on the roof while conducting repairs, which led to the arrival o...

Excerpt: ...e Association governs a condominium association in Santa Clarita. Defendants Henry and Veronica Martinez own a unit within the association. Plaintiff alleges Defendants installed a nonconforming storage shed on their property in violation of the Covenants Codes and Restrictions, and refuse to remove it. On February 9, 2021, Plaintiff filed its complaint for Breach of Written Contract, Violation of Restrictions, Nuisance, and Declaratory Relief. O...

Excerpt: ...mony Dance, Inc. for the provision of “technical” services in association with a “new platform” identified as “FloatingRain.” Although Plaintiff normally worked for an hourly rate, the parties allegedly agreed that Plaintiff would work from March 6, 2012 to March 6, 2017 for a 50% ownership stake in the FloatingRain entity. Plaintiff commenced developing the project for the five year period and received a rate of $55/hour. Plaintiff a...