Excerpt: ...he Person Most Qualified Deposition notice. State Farm contends the deposition is improperly overbroad in that the only issue in an uninsured/underinsured motorist petition is the amount of damages. A PMQ is not required to determine this amount. Nothing in the petition allows for inquiry into a potential bad faith action for the wrongful withholding of insurance coverage benefits. Discovery disputes in an uninsured motorist arbitration petition ...

Excerpt: ...h of Governing CC&Rs Motion to Strike · Allegations in Support of, and Claim for, Punitive and Treble Damages · Claim for Attorney Fees SUMMARY OF ACTION On January 10, 2021, Plaintiffs Martin and Katrin Mikaeili purchased 10215 Variel Ave., #7, Chatsworth from defendants Jettidy and Melanie Kuch. Sellers were represented by defendants Mariana Vassileu Michael Gilbert working for Coldwell Banker. The property was inspected by defendant Khatri I...

Excerpt: ...laintiff alleges the 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, 20...

Excerpt: ...ntiff alleges Rodriguez was operating his vehicle on behalf of defendants MonteCristo Trucking, LLC, Fernando Escolero, and Fames Transport, Inc. for the United States Postal Service. 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 E...

Excerpt: ...tiff filed a complaint for Governmental Tort Liability and Negligence, Negligence, and Premises Liability. Defendant County of Los Angeles answered the complaint on March 20, 2023. On September 1, 2023, City of Los Angeles answered the complaint and filed cross- complaint against City of San Fernando for Indemnification, Apportionment of Fault, and Declaratory Relief. RULING: Sustained with Leave to Amend. Request for Judicial Notice: Granted. Th...

Excerpt: ... on appeal. Remittitur was filed on April 20, 2023. On June 23, 2023, Department 47 accepted the 170.6 peremptory challenge filed by defendants, and the action was assigned to Department 49. Meanwhile, on May 26, 2023, Dorene Robinson, in pro per, filed a memorandum of costs on behalf of Road Runner Land & Homes, LLC listing $1,022.04 in costs and seeking $20,000 in attorney fees. RULING: Granted. Plaintiff Dewelt, LLC moves to tax the May 26, 20...

Excerpt: ...rnment Tort Liability, and Premises Liabiity (19STCV05567). According to Plaintiff the case settled for $50,000, which led to a (contingency recovery) fee of $25,000. Plaintiff expected a net payment of $25,000, but when presented with the final check, additional “expenses” were also deducted, thereby leading to a net payment of “20K.” The expenses included medical “liens,” which Plaintiff contends were never “authorized.” On Sept...

Excerpt: ...proximately June 2020 to October 2020, Defendant Associated Tank sandblasted a water tank in proximity to the homes, thereby causing the disbursement of “abrasives, particulates, and other toxins into the air” into the community. Plaintiffs allege the manifestation of physical symptoms, property damage, and emotional impacts, as well as interference/loss of use of property. The work was contracted by Defendants Five Point Holdings, LLC, et al...

Excerpt: ...on. 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 Plaintiffs allege that defendants Gordon and Gonzalez acted in a verbally and physically abusive manner to Plaintiffs. Plaintiffs allege that owner association rules impose a duty of care for “protection and quiet enjoyment of [residents...

Excerpt: ...d reselling 10330 Eton Ave., Chatsworth. The agreement required the property purchased in the name of Defendant, with the later addition of Plaintiff to title upon the completion of renovations. Plaintiff further represents agreement to a one-half interest in the property at all relevant times. The property was apparently acquired with funds provided by Plaintiff. Notwithstanding the agreement, Plaintiff alleges Defendant used some or all of said...

Excerpt: ...22CHCV00236 Defendant Mina Kateb was “hired … as a managing director” with Plaintiff Monocent, Inc. on an unspecified date for an unspecified period of time. Monocent alleges Kateb improperly diverted customers, vendors, and business suppliers for “personal benefit,” diverting future business, and taking trade secrets. On April 7, 2022, Monocent filed its complaint for Breach of Fiduciary Duty–Duty of Loyalty, Breach of Fiduciary Duty...

Excerpt: ...iction of emotional distress, and negligent infliction of emotional 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 o...

Excerpt: ...nard Feinstein for certain premises at a rental rate of $3,750/month. On December 30, 2020, Plaintiff notified Defendant of a water leak thereby causing damage. An inspection and certain demolition work was done, but according to Plaintiff no repairs occurred. On May 3, 2021, Plaintiff reported the leak to City of Los Angeles Department of Building and Safety, and filed a complaint with the Los Angeles County Department of Health. The premises we...

Excerpt: ...f the corporate entity identified as Electropath—50% ownership by Goldsmith and 25% each by Valentine and Goel. Goldsmith alleges the other defendants conspired to deprive Goldsmith's participation in corporate operations, or other adherence to corporate formalities. Goldsmith additionally allege improper conduct on the premises. On February 20, 2023, Goldsmith filed a verified complaint for Civil Extortion, Breaches of Fiduciary Duties, Unauth...

Excerpt: ...ndant Nimeh Khlaif dba Nick's Auto. The clerk entered a default on January 25, 2022, then a default judgment for possession on February 7, 2022. On March 15, 2023, Plaintiff filed a complaint for unlawful detainer. The complaint shows a 3- Day Notice to Pay Rent or Quit dated March 3, 2023, with a March 5, 2023, declaration of service indicating service by posting and mailing. Defendant, in pro per, answered the complaint on April 3, 2023. On May...

Excerpt: ...l Santana purchased certain property at 24522 Spruce Street in Santa Clarita. The property is identified as “The Historical Jailhouse,” a 1906 constructed facility representing the first jailhouse for the Santa Clarita Valley. Following the purchase, Santana created The Manuel Santana Family Trust of 1992. According to Plaintiffs, the City of Santa Clarita recognized the “historical significance” of the structure by the structure on Decem...

Excerpt: ...n of a swimming pool and hardscape improvements to Plaintiffs' home without a valid contractors license, due to the failure to maintain workers compensation insurance. Plaintiffs also allege the construction project was defectively completed. On May 27, 2022, Plaintiffs filed a complaint for Breach of Contract, Negligence, Negligence Per Se, Breach of Implied Covenant of Good Faith and Fair Dealing, Breach of Express Warranty, and Recovery on Con...

Excerpt: ...nsfer to defendant Vanity Wellness Center Incorporated, was arranged on March 24, 2022. Colin presented to the facility on March 25, 2022, for an intake assessment, and was subsequent transferred to defendants White House Recovery and Detox, LLC and White House Recovery LLC. Plaintiffs Cecilia and Brett Thompson were not informed of the change of facilities, but apparently learned of the new location as clothes and other items were delivered to t...

Excerpt: ...dant GHP Management Corporation, when Plaintiff tripped and fell. Following discharge from the hospital, plaintiff was placed with defendant Woodland Care Center, whereby Plaintiff developed bed sores/pressure wounds On May 6, 2022, Plaintiff filed a complaint Premises Liability, Negligence, Elder Abuse/Neglect, Violation of Patients' Bill of Rights, and Negligence (second time). On December 7, 2022, Plaintiff dismissed Ano Two Facility for the E...

Excerpt: ...) Motion to Strike SUMMARY OF ACTION On February 25, 2019, Plaintiff Edgar Ramirez purchased a Merecedes-Benz vehicle at Defendants Keyes European and/or HAK Inc. Plaintiff maintains that the time of purchase, the purchase contract included Guaranteed Asset Protection (GAP) insurance. The GAP insurance policy exists for purposes of covering the value of the vehicle in case of loss. Plaintiff maintains defendants knowingly and fraudulently altered...

Excerpt: ...merica. Plaintiff alleges the vehicle suffers from defects in transmission, engine, and electrical systems. On February 6, 2023, Plaintiff filed a complaint for Violation of Song-Beverly Act – Breach of Express Warranty, Violation of Song-Beverly Act – Breach of Implied Warranty, and Violation of Song-Beverly Act – Section 1793.2. Nissan North America answered on March 15, 2023. RULING: Denied. Request for Judicial Notice: Denied. Plaintiff...

Excerpt: ...Castillo. Plaintiff alleges that Dr. Castillo first began “repeatedly and inappropriately rubbing” plaintiff's arms and legs, next proceeded to grab Plaintiff's penis and testicles without “medical justification.” Dr. Castillo then began to digitally penetrate Plaintiff's anus. During the course of this conduct, Dr. Castillo allegedly rubbed his own genitals on Plaintiff's body for purposes of sexual gratification. Notwithstanding the end...

Excerpt: ...uel Santana purchased certain property at 24522 Spruce Street in Santa Clarita. The property is identified as “The Historical Jailhouse,” a 1906 constructed facility representing the first jailhouse for the Santa Clarita Valley. Following the purchase, Santana created The Manuel Santana Family Trust of 1992. According to Plaintiffs, the City of Santa Clarita recognized the “historical significance” of the structure by the structure on Dec...

Excerpt: ..., 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) (Carlon I) 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, N...

Excerpt: ...0, 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 October 25, 2022. RULING: Denied. Defendant/Cross-Complainant, Olga Kapustin...

Excerpt: ...“Livingston Collection, Rigid Core Flooring” purchased from defendant L.A. Hardwood Flooring, Inc. dba Eternity Floors. At the time of purchase, it was represented that the flooring was both “100% waterproof” and came with a 25-year warranty. Plaintiff subsequently started receiving notices of defects in the flooring, which prompted Plaintiff to exercise the warranty provision. Defendant refused to comply with the purported warranty term(...

Excerpt: ...chubert St., unit F, Stevenson Ranch. On March 31, 2022, a trustee sale occurred for the premises, which led to the recording of the Trustees Deed upon Sale on April 4, 2022. Defendant Federal National Mortgage Association (“Fannie Mae”) acquired the property in the sale. Following the sale, on May 19, 2022, Fannie Mae served a notice of intent to evict Barbar and a notice to vacate the premises. While the lease was set to expire on May 23, 2...

Excerpt: ...he contractor provided work ultimately led to litigation instituted by the Rubins. Defendant McCarrigle, Kenney & Zampielo, APC, is identified as the last of a succession of three prior law firms to represent the Rubins in the underlying litigation. Plaintiff was ultimately dismissed with prejudice “on the eve of trial.” (Other than identification of Plaintiff in paragraph one (1) of the complaint, the court finds no factual information or ev...

Excerpt: ...h 25%, Albert Sr. with 9.95%, and Albert Jr. with 15.05%. Defendant Daniel Torres owns the other 50% share. Pueblo Restaurant operates in “four properties” within the County of Los Angeles. The parties are all identified corporate officers. Plaintiffs acknowledge that Torres is also responsible for operations management. Plaintiffs allege Torres improperly hired family members and “directed funds” towards them, unilaterally increased his ...

Excerpt: ...ithout consent, while Plaintiff was lying face down on the massage table. On November 7 and 8, 2022, Plaintiff filed a complaint and first amended complaint for Sexual Battery, Violation of Ralph Civil Rights At, Gender Violence, Assault, Battery, Intentional Infliction of Emotional Distress, and Negligence. On January 19, 2023, Ivanov, in pro per, answered the complaint. On April 12, 2023, Gould Chiropractic, Inc. answered the complaint. RULING:...

Excerpt: ...ntal. The apartments are owned and/or managed by defendant The Northwestern Mutual Life Insurance Company dba Terrena. Defendant Laura De Leon is identified as the leasing agent, and person Plaintiffs met with at the time of the October 30, 2021 tour. Plaintiffs were shown apartment 4089, and expressed an interest in renting the unit. On November 24, 2021, Plaintiffs appeared on the premises to execute a lease for unit 4089. Plaintiffs took a tou...

Excerpt: ...laims for $500/Violation Fine · Claims for Attorney Fees · Claim for Injunctive Relief · Claim for Costs and Interest SUMMARY OF ACTION On an unspecified date, plaintiff Richard Leyva, a dependent adult, received custodial care services from defendants Sylmar Health and Rehabilitation, Inc., and Golden State Health Centers, Inc. Plaintiff maintains that staff were aware of Plaintiff's falling risk, due to “schizophrenia with paranoia.” “...

Excerpt: ...nti and Talent James Finn on 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 defendan...

Excerpt: ...ealing · 4th Cause of Action: Unfair Business Practices SUMMARY OF ACTION Plaintiff Welding Evolution, Inc. and Mario Alvara sought certain industrial premises requiring both floor space and sufficient power delivery for business operations. Plaintiffs allege Defendants misrepresented the power supply available to the building, thereby inducing Plaintiffs to execute a lease on false pretenses. Upon discovering the insufficient electrical current...

Excerpt: ...per, filed a general denial to the complaint. RULING: Granted. Defendant Melanie Arakelian, in pro per, brings a second motion to compel arbitration. A previously scheduled motion to compel arbitration set for August 10, 2022, was continued to February 8, 2023. The court placed the case on the civil inactive list, and requested status reports from the parties regarding whether the parties would participate in arbitration or proceed on the civil d...

Excerpt: ...s · 5th Cause of Action: Negligence Motion to Strike · Allegations in Support of, and Claim, for Punitive and Treble Damages · Claim for Attorney Fees · Claim for Restitution SUMMARY OF ACTION On October 30, 2021, plaintiffs Albert Hughes and Sabrina Crawford toured the premises of 9400 Corbin Ave., Northridge, for a potential apartment unit rental. The apartments are owned and/or managed by defendant The Northwestern Mutual Life Insurance Co...

Excerpt: ...nts, et al. following the foreclosure sale of the property. RULING : Overruled. Request for Judicial Notice: Granted. Defendant Rafael Lopez, in pro per, challenges complaint on grounds that Plaintiff lacks a basis of standing to bring the action. Plaintiff in opposition maintains its standing to bring the unlawful detainer action as both a business entity and owner of the property following the foreclosure sale. The complaint sufficiently pleads...

Excerpt: ..., 2019, Plaintiff Walter Martin, trustee for the Gesner L. Martin living trust, entered into a month-to-month lease 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 perf...

Excerpt: ...on. On January 11, 2023, Plaintiff filed a complaint for Violations of Civil Code section 1793.2, Breach of Implied Warranty of Merchantability, Fraudulent Inducement – Concealment, Negligent Repair, Violation of Consumer Legal Remedies Act, and Violation of Magnuson-Moss Warranty Act. On March 3, 2023, Galpin Motors, Inc. answered the complaint. RULING: Sustained with Leave to Amend. Defendant Ford Motor Company (Ford) bring the subject demure...

Excerpt: ...mises in Granada Hills. On February 23, 2021, Tavistock Freebirds, LLC answered the complaint. On March 23, 2021, Tavistock Freebirds, LLC filed a cross-complaint against People's Party, LLC dba Gorditos Gloria and Gloria Govan, for Equitable, Express, and Implied Indemnity. On June , 2021, FW CA-Granada Village, LLC filed a complaint for breach of lease, and breach of guaranty against Tavistock Freebirds, LLC dba Freebirds World Burrito, People'...

Excerpt: ...rmation of an oral partnership agreement with 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 ow...

Excerpt: ...ar, and insured with defendants Automobile Club of Southern California and/or Interinsurance Exchange of the Automobile Club, LLC. Plaintiff alleges Avelar wrongfully denied any liability after allegedly agreeing to take full responsibility for the accident. Plaintiff subsequently submitted a claim with the insurer, which led to a designation of Plaintiff's vehicle as a “total loss salvage.” Plaintiff contends said designation constituted fal...

Excerpt: ...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. On May 24, 2018, the court sustained Bank of America's demurrer without leave to am...

Excerpt: ...endant, 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 of the fire department. The subsequent efforts of the fire department led to water damage within...

Excerpt: ...ntered a default. On October 22, 2021, the court 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. On November 22, 2022, the court granted the motion of Granada Hills Convalescent Hospital, Inc. to compel arbitration as to individual plaintiff Nicole Auceda only, and not in cap...

Excerpt: ... 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 modification with Mortgage Management Consultants, Inc. In a March 12, 2019 ...

Excerpt: ...ogacy and owns a 51% interest. Plaintiff Chien Fang Wang provides unspecified employment services “primarily” from the Peoples Republic of China. Plaintiffs allege Spencer manages business operations, including “supervisor” of all individual plaintiffs. All parties work remotely or not in any indicated central space. Plaintiffs allege Spencer in the position as majority shareholder and company director both improperly manages human resour...

Excerpt: ...h no identified cause of action. The pleadings allege the apparent placement of Plaintiff into a facility identified by Royal Gorge Academy when Plaintiff was a minor by one or both parents. During the time spent with Defendant, Plaintiff alleges a deprivation of certain rights, including “freedom of speech,” due to the inability to communicate with Plaintiff's mother, other persons present, and removal of writing utensils. On April 12, 2023,...

Excerpt: ... name of Defendant, with the later addition of Plaintiff to title upon the completion of renovations. Plaintiff further represents agreement to a one-half interest in the property at all relevant times. The property was apparently acquired with funds provided by Plaintiff. Notwithstanding the agreement, Plaintiff alleges Defendant used some or all of said funds for purposes not related to the acquisition and/or renovations, plus allegedly committ...

Excerpt: ...ment 49. On May 9, 2023, Contreras in pro per answered the complaint. The request for a fee waiver was denied, and a payment of $225 was due. No payment was made, and the answer was later struck due to non-payment. The clerk entered a default against Contreras on April 26, 2023. The clerk entered default judgment for possession only on June 28, 2022. A writ of execution was issued on June 28, 2023, as well. RULING: Granted. Defendant Sherley Cont...