Excerpt: ...se of Action: Nuisance 6th Cause of Action: Intentional Infliction of Emotional Distress 7th Cause of Action: Negligent Infliction of Emotional Distress 8th Cause of Action: Negligence 9th Cause of Action: Fraud 10th Cause of Action: Fraud SUMMARY OF ACTION On May 24: 2021 plaintiff Dominic Barbar entered into a one year lease with third party Ehsan Yaghoubi for certain real property at 25511 Schubelt St., unit F Stevenson Ranch. On March 31: 202...

Excerpt: ...24: 2021: a 2020 Ford Transit van owned by defendant Distinct Cars, LLC and operated by defendant Jacob Sanchez collided with motorcycle ridden by Lawrence Moroso_ The incident on The Old Road in Newhall: Califomia_ Lau-rence died as a result of the injuries. Plaintiffs allege Jacob Sanchez was operating the on behalf of employer, defendant Newegg _ On August 5: 2021: Plaintiffs filed a complaint for Negligence, Negligent Hiring, Negligent Entrus...

Excerpt: ...joining homeowners/possessors ofland/neighbors 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, 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 answer...

Excerpt: ...ng at the direction of defendant 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. Defendant Hugo Osoy moves to compel the Person Most Know...

Excerpt: ...olden Legacy Care and Dr. Suman Patel and care from March 6, 2020 through October 22, 2020, and New Horizon Home Health Care, Inc. from October 22, through November 1 , 2020. Plaintiff alleges defendants provided substandard care and/or committed wrongåul acts. On October 16, 2021 and September 30, 2022, Plaintiff filed a complaint and first amended complaint for Dependent Adult Abuse/Neglect, Professional Negligence, Wrongftl Death: and Violati...

Excerpt: ...ng homeowners/possessors ofland/neighbors 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, 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...

Excerpt: ...Properties And Charly Taylor Motion to Strike and Request For Entry of Default Judgment SUMMARY OF ACTION Plaintiffs Michael Perry and Ashley Anderson reside in an apartment building owned and/or managed by Defendant Nasch Properties, LLC. The assigned property manager on the premises is identified as defendant Charly Taylor. On May 7 : 2022: Anderson alleges a co-tenant in the building, defendant Stanley Nathanson, committed a sexual assault and...

Excerpt: ... 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 agamst Carl Fout for Partition, Accounting, and Constructive Trust for the same property. RULING: Denied Defendants, Alexandria Wise, et al. move for the imposition of monetary sanctions equivalent to "reasonable attorney fees and costs" on grounds that Plaintiff filed the compl...

Excerpt: ...ing homeowners/possessors ofland/neighbors 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, 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 o...

Excerpt: ...ty, 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 battety 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, the court gran...

Excerpt: ...ehicle suffers from a defective transmission. 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 in Part/Overmled in Part Defendant...

Excerpt: ...reas governed by Defendant Defendant San Francisco Townhouse Association (HOA). On an unspecified date prior to January 10, 2019, Defendant HOA hired Defendant Imperial Roofing, Inc. to conduct certam unspecified repairs on the roofs of the Plamtiffs' towmhomes. 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 ...

Excerpt: ...involved in a collision. On 21, 2022, Plaintiff filed a complaint for damages. RULING: Continued for Supplemental Briefing Defendants Uber Technologies, Inc. and Rasier, LLC (Collectively "Uben moves to compel arbitration. Uber moves for relief on grounds that the Terms of Use agreement incorporated to all users engaging in Uber provided services requires arbitration of claims under the Federal Arbitration Act. Plaintiff Carnvright submits a noti...

Excerpt: ...oduction Helper/Maintenance. Plaintiff alleges prior complaints about insufficient safety equipment for his job duties. On an unspecified date in February 2021, oil "poured on Plaintiffs left foot and caused burns all over his body." Plamtiff requested time off, but the request was denied. Plaintiff alleges he was threatened with termination if he failed to appear for work, as well as discriminatory treatment due to race and/or national origin. P...

Excerpt: ...d 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 reconveymg 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 a...

Excerpt: ...rtnership agreement, breach of fiduciary 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 battety 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...

Excerpt: ...rate the business and equally share in expenses and revenue. Fen-ufino alleges Alex breached the agreement in failing to equally share sales proceeds. Fermfino additionally alleges fraud based on the sale of two ' 'HAAS MACHINES" instead of transferring title to the machines to Fermfino aner FelTufino paid Alex over $180,000 for sole ownership of the machines. Alex also allegedly sold the business entity itself On January 19, 2022, Plaintiff file...

Excerpt: ...ok Indemnity Company. The date of the submitted claim remains unarticulated in the complaint According to Plaintiff after a 20 month investigation, the claim was neither accepted nor denied. On February 21 2020, Plaintiff filed a complaint for Breach of Contract, Tortious Breach of the Implied Cowenant of Faith and Fair Dealing. (The caption of the complaint also lists an Unfair Business Practices in Violation of Business & Professions Code secti...

Excerpt: ...categories of warranties. Plaintiff alleges Defendants failed to repair the ' 'emergency brake" problems with the Plaintiffs also allege Nissan concealed/failed to disclose the emergency braking defect. On June 23: 2022, Plaintiff filed a complaint for Violation of the Song-Beverly Act — Breach of Express Warranty, Fraudulent Inducement — Intentional Misrepresentation: and Fraudulent Inducement — Concealment. Nissan North America answered t...

Excerpt: ... property in Chatsworth. In October 2019, Michael Hasim, primary shareholder of the business entity identified as Plaintiff, entered into a contract for the purchase of the premises. Escrow closed on March 2020 for an ultimate purchase price of $8.4 million. Prior to the close, on February 18, 2020, defendants provided an estoppel certificate for the 99 Cents Only tenant, with the remainder of the certificates executed by defendant Stelmach. Upon...

Excerpt: ...es improper conduct associated with said collection practices. On August 16, 2022, Plaintiff filed a complaint for Violation of the Rosenthal Fair Debt Collection Practices Act, Intrusion in Private Affairs, and Surreptitious Eavesdropping and Audiotaping. Defendant answered the complaint on October 5, 2022. RULING: Granted. Defendant Onemain Financial Group, LLC moves to compel arbitration pursuant to the terms of the Loan Agreement and Disclosu...

Excerpt: ... alleges Afshin agreed to contribute a down payment and take title to the property, with Plaintiff undertaking remodeling operations. It's not clear whether the parties intended to resell or rent the premises. Plaintiff alleges a written agreement “itemizing their partnership and Plaintiff's ownership interest” on May 7, 2022. On August 31, 2022, Plaintiff alleges Afshin Azizisefat (Afshin) listed the premises for sale without the agreement o...

Excerpt: ...eement and Joint Escrow Instructions” for real property identified as “1 Lot Victoria Lane.” Defendants Forward Calabasas, Inc. dba Keller Williams Realty Calabasas and Zachary King represented the sellers in the transaction. On September 15, 2020, Plaintiff and Longacre Estates, LP executed a counteroffer whereby defendant First American Title Company was designated as title insurance company and escrow holder, and the price increased to o...

Excerpt: ...a concrete bridge, which was part of a pedestrian access road, failed. The parties have been unable to agree on a replacement/repair of the bridge. Plaintiffs began using an alternative route for access to their property, which traverses Tapanes' property. On December 14 and 17, 2022, Tapanes allegedly created a blockade thereby interfering with Plaintiffs' pedestrian access. On December 23, 2022, Plaintiffs filed a complaint for Quiet Title to E...

Excerpt: ...nc. with 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. RULING Demu...

Excerpt: ...t Care of Valencia 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 ...

Excerpt: ...ements 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 Sez Breach of Implied Covenant of Good Faith and Fair Dealing: Breach of Express Warranty, and Recovery on Contract' s License Bond. On December S, 2022...

Excerpt: ...Motion to Dismiss the Action SUMMARY OF ACTION ' '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 "is the daughter of Decedent, : ' and defendant Kevin Sachun Park is the spouse" of Leslie Park: "and the son-in-law of Decedent" Plaintiff asserts a community property interest in 23740 Forest View Court, Santa Clarita Thomas Kim passed away on Octob...

Excerpt: ...tober 20, 2022, Plaintiff filed a complaint for wage and hour violations: including failure to pay minimum and overtime wages: failure to pay commissions: meal and rest period liability: failure to provide accurate wage statements, inspection of personnel records, and lack of timely payment of final RULING: Granted. Defendant Valencia H. Imports, Inc. dba Autonation Honda Valencia moves to compel arbitration and stay the action. Plaintiff in oppo...

Excerpt: ...and Sweis also executed a Commercial Security Agreement and Collateral Assignment of intellectual property _ Defendant Wesley Black executed a separate Unconditional Guarantee of the loan, and Unconditional Limited Guarantee for the value of the intellectual property. According to Plaintiff, Defendants failed to make any payments due as of March 2021 thereby leaving an outstanding principal balance of S 126342763 57 On 10, 2021 Plaintiff filed a ...

Excerpt: ...CTION Plaintiff Jane RG Doe was a student at Telfair Elementary School with the Los Angeles Unified District (LAUSD)_ Plaintiff was bom on October 26, 1996. Plaintiff alleges teacher: defendant Paul Chapel III molested her during an unspecified period of time, but Plaintiff was a minor at all relevant times. According to Plaintiff defendant Ruben Zacarias was the superintendent of LAUSD: and aware of prior criminal charges: yet assigned him to a ...

Excerpt: ...is vehicle on behalf of defendants MonteCristo Trucking, LLC, Femando Escolero: and Fames Transport, Inc. for the United States Postal Service On May 28: 2021: the Pemgos filed their complaint for motor vehicle, general negligence: and loss of consonium_ 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: ... Trespass 5th Cause of Action: Nuisance 6th Cause of Action: Intentional Infliction of Emotional Distress 7th Cause of Action: Negligent Infliction of Emotional Distress 8th Cause of Action: Negligence 9th Cause of Action: Fraud 10th Cause of Action: Fraud SUMMARY OF ACTION On May 24: 2021 plaintiff Dominic Barbar entered into a one year lease with third party Ehsan Yaghoubi for certain real property at 25511 Schubelt St., unit F Stevenson Ranch....

Excerpt: ...a, NV 89445. On March 23 2023 Plaintiff filed a complaint for breach of contract. On May 2, 2022, Defendant, in pro per: answered the complaint admitting to the tmth of all allegations in the complaint except for paragraph eight (8), whereby Defendant disputes the default and subsequent acceleration of payments RULING: Denied Plaintiff Bank of America moves for summary judgment on the breach of contract cause of action seeking to collect on a pri...

Excerpt: ... Action: Breach of Covenant of Good Faith and Fair Dealing Motion to Strike SUMMARY OF ACTION Plaintiff Varuzh Azaryan alleges the formation of an agreement with defendant Afshin Azizisefat: whereby the parties would jointly acquire and remodel 12509 Pinney St., Pacoima with all proceeds split equally _ Plaintiff alleges Afshin agreed to contribute a down payment and take title to the property: with Plaintiff undertaking remodeling operations. It...

Excerpt: ...ises with Defendant Edgrow: LLC (Edgrow) for the operation of a cannabis business. The lease commenced on September 6: 2018 for 24 hours, then to a month-to-month agreement. Notwithstanding the "month-to-month" terms, base rent began at $10,000 per month: but subject to abatement for six months upon Edgrow obtaining it's cannbis business license According to Plaintiff Edgrow obtained its license on June 18: 2019: which entitled it to a rent abate...

Excerpt: ...ted 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 Point Holdings, LLC, et al_, who are developing an adjacent community and were required t...

Excerpt: ...geles. 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 Plaintiff signed the waive...

Excerpt: ...Defendant Nasch Properties, LLC. The assigned property manager on the premises is identified 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 investigati...

Excerpt: ...terest in Pueblo Restaurant: Inc.: as follows: Abel with 25%, Albert Sr. with 9.95%, and Albert Jr. with 15 05%. Defendant Daniel T01Tes 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 T01Tes is also responsible for operations management. Plaintiffs allege Tones improperly hired family members and "directed å...

Excerpt: ... managed by Defendant Nasch Properties, LLC. The assigned property manager on the premises is identified 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...

Excerpt: ...Win 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 certain personal protective equipment (PPE) described as ' 'medical grade disposable seamless rubber gloves." Plaintiff alleges payment of five million dollars (SS 20002000), but only received non-medical grade: non-FDA approved, "countelfeit" equipment, which lacks any resale valu...

Excerpt: ...t the County of Los Angeles, et al. for Negligence, Government 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...

Excerpt: ...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 Plaintiff ...

Excerpt: ...ehicle began experiencing problems with the electrical system, thereby causing the illumination of various monitoring systems in the vehicle and preventing volume adjustment of the radio. After a certain number of repair attempts the vehicle continues to present the malfunctions. On August 25, 2022, Plaintiff filed a complaint for Breach of Written Warranty, Breach of Implied Warranty, and Song-Beverly Consumer Warranty Act. Nissan North America,...

Excerpt: ...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 of the conduct in the examination room, Dr. Castillo then re...

Excerpt: ...tress · 7th Cause of Action: Violations of Business and Professions Code section 17200 Motion to Strike · Allegations in support, and claim for, punitive damages SUMMARY OF ACTION: Plaintiff Ana Melara was an employee of Defendant Sam's West, Inc. dba Sam's Club and Walmart from 2006 to July 21, 2012. On October 4, 2011, Plaintiff was assigned to tasks involving food stored in a commercial grade walk in refrigerator. Plaintiff was apparently in...

Excerpt: ...s working at the direction of defendant 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. Defendant Hugo Osoy moves to compel the Person Mo...

Excerpt: ...iction of Emotional Distress · 5th Cause of Action: Negligence · 6th Cause of Action: Negligent Hiring, Supervision, Retention of Employee · 7th Cause of Action: Breach of Business and Professions Code section 17200 · 8th Cause of Action: Breach of Civil Code section 1942.4 Motion to Strike · Allegations in Support of, and Claim for, Punitive and Treble Damages · Claim for Attorney Fees SUMMARY OF ACTION On October 30, 2021, plaintiffs Albe...

Excerpt: ... to October 25, 2021, in roller coaster maintenance. Plaintiff characterizes a back injury(ies), as a disability for which Defendant refused accommodation wrongful termination, and instead terminated Plaintiff. On December 9, 2022, Plaintiff filed a complaint for Disability Discrimination, Disability Retaliation, Failure to Engage in the Interactive Process, Failure to Accommodate, Violation of the California Family Rights Act, Wrongful Terminati...