Excerpt: ...nt due in January 2020. Plaintiff alleges past due rent of $95,707.20. On January 24, 2020, Plaintiff filed a complaint for unlawful detainer. Defendants answered the complaint on February 14, 2020. On May 13, 2021, the court granted Plaintiff's motion for summary judgment on the issue of possession and denied the motion as to damages. On June 24, 2021, the court granted Defendants leave to amend to file an amended answer to the complaint thereby...

Excerpt: ...eds  5th Cause of Action: Quiet Title  6th Cause of Action: Declaratory Relief SUMMARY OF ACTION Plaintiffs Carlos and Beatriz Diaz allege the formation of a verbal partnership agreement for the purpose of the purchase of 7355 Satsuma Ave., Los Angeles in 2011. The oral agreement required the split of call costs, and upon the demand of either partner, the other partner must buy out the other partner or place the property up for sale. Plaint...

Excerpt: ...ticated a sister state judgment from the state of Nevada in favor Plaintiff Capitol Indemnity Corporation as against third parties Gary Topolewski and Mark Topolewski for $14,579.65 (LS017941). On October 16, 2017, the judgment was renewed with a listed amount of $71,067.60. On January 12, 2018, Plaintiff recorded a December 12, 2017 issued abstract of judgment. On April 18, 2018 and May 2, 2018, an acknowledgment of satisfaction of judgment was ...

Excerpt: .... On June 29, 2019, Plaintiff filed a complaint for motor vehicle and general negligence. Defendants answered on May 21, 2019. On August 20, 2019, the action was transferred from Department 29 to Department 47. RULING: Granted in Part/Denied in Part (see below) Plaintiff, Roe Cohen moves to quash the deposition subpoena for employment records. Plaintiff moves on grounds of privacy, and overbroad terms. Defendants served a subpoena seeking “pre-...

Excerpt: ...ssions Code section 17200  3rd Cause of Action: Breach of Fiduciary Duty  4th Cause of Action: Violation of the California Homeowners' Bill of Rights Motion to Strike  Allegations in support of, and claim for, punitive damages  Claim for attorney fees  Allegations for Damages within Business and Professions Code section 17200 SUMMARY OF ACTION Plaintiff Choi became a “co-owner” of the property on May 10, 2016. Plaintiff alleges...

Excerpt: ...fliction of Emotion Distress  7th Cause of Action: Deprivation of Due Process Rights (42 U.S.C. § 1983)  8th Cause of Action: Retaliation (42 U.S.C. § 1983)  10 th Cause of Action: Misrepresentation Preventing Former Employee from Obtaining Employment (Labor Code 1050)  11 th Cause of Action: Negligence  12 th Cause of Action: Negligence Per Se SUMMARY OF ACTION Steven Weinstein, M.D. entered into an employment agreement with Def...

Excerpt: ...oining homeowners/possessors of land/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 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 Dec...

Excerpt: ...ff Richard Bundy and Defendant Lashon Bundy, father and daughter, currently hold title as joint tenants of certain real property in Mission Hills. Plaintiff 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 record...

Excerpt: ... led to seven subsequent operations performed by three surgeons. Defendant, Dr. Moses Fallas performed operations three through five on September 4, 2018, September 28, 2021, and November 15, 2018. Plaintiff alleges both negligently scheduled operations on September 4 and 28, 2018, and the operations led to the development of total parenteral nutrition (TPN) dependency. Meanwhile, on September 21, 2018, Plaintiff alleges Dr. Fallas visited Plaint...

Excerpt: ... unit is protected by a fire sprinkler system. On an unspecified date, Plaintiff received an order to replace all sprinkler heads, due to a manufacturer recall. Defendant refuses to cooperate with the replacement of the sprinkler heads. On November 2, 2020, Plaintiff filed a complaint for Breach of CC&Rs and Nuisance. On November 10, 2020, the court granted ex parte temporary restraining order allowing access to Defendant's unit for purposes of r...

Excerpt: ... “wrongfully foreclosed” on the property, while a Bankruptcy Stay was in place. On July 7, 2020, Plaintiff filed a verified complaint for Violation of Business and Professions Code section 17200, Violation of California Homeowner's Bill of Rights, and Quiet Title and Injunctive Relief. On October 21, 2020, Plaintiff dismissed Quality Loan Service with prejudice. On December 14, 2020, new counsel substituted in for Plaintiff. On March 29, 2021...

Excerpt: ..., and claim for, Punitive Damages[1] SUMMARY OF ACTION On August 28, 2016, Plaintiff Sandy Kobeissi and Defendant Hussein Kobeissi telephoned Plaintiff Mike Kobeissi. Sandy and Hussein were in Tujunga California, and Mike was in Lebanon at the time. The conversation involved “illegal sexual acts” allegedly conducted by Plaintiffs Mike and Paul Kobeissi, and Defendants Dan and Brad Kobeissi. Plaintiffs allege Hussein recorded the conversation ...

Excerpt: ...nt Anica Barbosa. Plaintiff alleges Defendant took “premature possession” of the premises on March 28, 2020 and blocking Plaintiff from showing the premises to prospective buyers. Plaintiff also breached the lease by failing to conduct certain agreed upon tenant improvements, and failing to pay the rent due in May 2020 or any payments thereafter, the security deposit, or late charges. On May 19, 2020, Plaintiff filed a complaint for Breach of...

Excerpt: ...tion of FEHA  4th Cause of Action: Failure to Prevent Discrimination and Harassment  5th Cause of Action: Negligence  6th Cause of Action: Defamation Per Se  7th Cause of Action: Breach of Implied Covenant of Good Faith and Fair Dealing  8th Cause of Action: Intentional Infliction of Emotional Distress  10 th Cause of Action: Retaliation for Engaging in a Protected Activity SUMMARY OF ACTION Plaintiff Alex Ohanian was employed b...

Excerpt: ...istrict (Saugus Union), was an enrolled student on campus, when a fellow classmate, “Tobin,” reported to a staff member on campus that Plaintiff was carrying a gun in his backpack. According to the complaint, Plaintiff told Tobin he had a “”Nurf-Slingshot gun” with him, which led to the misrepresentation of an actual gun. Plaintiff is a student with special needs and a learning disability. Plaintiff attends school with an individualized...

Excerpt: ... Manager, LLC, Prime Construction and U.S. Fire Protection, Inc., when a falling metal plate struck Plaintiff on the head. On January 18, 2019, Plaintiff filed a complaint for premises liability, and negligence. On February 22, 2019 and March 12, 2019, LNR Partners California Manager, LLC answer then filed a cross-complaint against Prime Construction and U.S. Fire Protection, Inc. U.S. Fire Protection, Inc. and Gabriel Hernandez dba Prime Constru...

Excerpt: ... 14.8  3rd Cause of Action: Recission of Contract  4th Cause of Action: Breach of Oral Contract  5th Cause of Action: Breach of the Covenant of Good Faith and Fair Dealing Breach of Contract (Oral Agreement)  6th Cause of Action: Intentional Interference with Contractual Relations  7th Cause of Action: Intentional Interference with Prospective Economic Relations  8th Cause of Action: Negligent Interference with Prospective Econo...

Excerpt: ...e accident on the Interstate 5 freeway, thereby leading to his death. On September 5, 2018, Decedent's surviving spouse and children filed a complaint for negligence – wrongful death. On April 19, 2019, Defendant Los Angeles County Sheriff answered and filed a cross-complaint for equitable indemnity, declaratory relief, and apportionment against Defendants Dean Springs, Alicia Elias and Mario Elias. On March 23, 2020, the action was transferred...

Excerpt: ...role for a television show, Seal Team, requiring Plaintiff and Defendant Corinne Van Ryck de Groot to enter into a doorway with semi-automatic assault rifles. The scene was to be filmed on the premises of Defendant California Gun Girls, LLC dba Oaktree Gun Club. Defendant JMP Productions, Inc. produced the subject show. Defendant David Allen Shaw was responsible for coordinating the stunt. The guns were provided by Oaktree Gun Club, and loaded wi...

Excerpt: .../Gross Negligence  4th Cause of Action: Negligence  6th Cause of Action: Declaratory Relief Motion to Strike  Allegations in Support of, and Claim for, Punitive Damages  Claim for Attorney Fees SUMMARY OF ACTION On November 17, 2017, Plaintiff J.D. Aquino Corporation entered into a real purchase agreement for certain real property in Canoga Park. Defendant Portfolio Escrow, Inc. acted as the escrow agent on the sale. Plaintiff alleges...

Excerpt: ...tners California Manager, LLC, Prime Construction and U.S. Fire Protection, Inc., when a falling metal plate struck Plaintiff on the head. On January 18, 2019, Plaintiff filed a complaint for premises liability, and negligence. On February 22, 2019 and March 12, 2019, LNR Partners California Manager, LLC answer then filed a cross-complaint against Prime Construction and U.S. Fire Protection, Inc. U.S. Fire Protection, Inc. and Gabriel Hernandez d...

Excerpt: ...s operated by Defendant Ray Fish and Miguel Vitela. Defendants allege the vehicles operated by defendants were provided by Defendant Electro Adapter, Inc., and unnamed third party(ies) Frito-Lay Sales, Inc. and/or Rolling Frito Lay Sales. Section 10(f) of the motor vehicle cause of action also states “Negligent Entrustment of Motor Vehicle.” On May 14, 2019, Plaintiffs filed their form complaint for motor vehicle and general negligence. On Ju...

Excerpt: ...mily Trust (Pressman) entered into a lease for commercial premises with Defendant Edgrow, LLC (Edgrow) for the operation of a cannabis business. The lease commenced on September 6, 2018 for 24 hours, then reverted 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 its cannabis business license. According to Plaintiff, Ed...

Excerpt: ...eping reports showing losses at the car dealership. Plaintiff alleges Defendants failed to pay her for hours of work completed. On November 15, 2019, plaintiff went on unpaid maternity leave until April 14, 2020, yet continued to work unpaid. Upon complaining about the lack of payment, Plaintiff alleges she was terminated on April 30, 2020. The termination letter identified different reasons. On March 18, 2021 and March 29, 2021, Plaintiff filed ...

Excerpt: ...for Attorney Fees  Claim for Injunctive Relief SUMMARY OF ACTION On November 14, 2019, 15-year-old Plaintiff Mia Tretta was on the premises of Saugus High School, when 16-year-old Nathaniel Berhow walked onto the campus with a 1911-style “Officer Frame” ghost gun and began to shoot students before taking his own life with the same gun. Two students died. Plaintiff survived the attack and appears through her guardian ad litem Tiffany Shepis...

Excerpt: ...d by certain real property located in Washington DC. On October 16, 2006, 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...

Excerpt: ...: Unfair Business Practices  6th Cause of Action: Intentional Infliction of Emotional Distress  8th Cause of Action: Negligence Motion to Strike  Allegations in support of, and claim for, punitive damages SUMMARY OF ACTION On May 28, 2019, Plaintiff John Doe attended a yearly physical examination with Defendant Gregory Castillo. Plaintiff alleges that Dr. Castillo first began “repeatedly and inappropriately rubbing” plaintiff's arms ...

Excerpt: ... Plaintiff alleges past due rent of $95,707.20. On January 24, 2020, Plaintiff filed a complaint for unlawful detainer. Defendants answered the complaint on February 14, 2020. On May 13, 2021, the court granted Plaintiff's motion for summary judgment on the issue of possession and denied the motion as to damages. RULING: Granted. Defendants, Central Studio 1, LLC, et al. move for leave to file a first amended answer to the unlawful detainer compl...

Excerpt: ...use of Action: Unfair Business Practices Motion to Strike Paragraph 40 (Punitive Damages Allegations and Claim) SUMMARY OF ACTION Plaintiff Nora Yanif purchase certain real property identified as 17912 River Circle, Unit 4, Canyon Country. Plaintiff fell into financial hardship in 2015 and sought relief. It's not clear whether and how Plaintiff sought relief though Plaintiff alleges Defendants failed to “make a written determination that Plaint...

Excerpt: ...Lancaster, when he was allegedly shot and killed by defendant Joseph Warren. On June 12, 2019, Plaintiffs filed their complaint for Premises Liability and Negligence. Galeano answered the complaint on August 2, 2019. On August 8, 2019, Plaintiffs filed a 170.6 challenge to Judge Chang, which led to the assignment of the action to Judge Yep. On August 27, 2019, Plaintiffs substituted in Joseph Warren for Doe Shooter. A default was entered against ...

Excerpt: ...nt The Master's University attending her first lab session for Organic Chemistry II taught by Defenadant Michael Kornoff. During the session, a glass beaker exploded thereby exposing Plaintiff to glass and chemicals, and knocking her unconscious. Plaintiff was taken to the emergency room and released. Plaintiff alleges Kornoff subsequently blamed the explosion on Plaintiff, and asked Plaintiff not to sue him, since it could lead to his terminatio...

Excerpt: ...Wise, 14 years old at the time, went to Magic Mountain on April 18, 2015 with her friends and boarded the Green Lantern ride. Plaintiff alleges that while participating in the attraction experience, her body “shot forward, her eyes forced closed,” she hit her head, and then her body “shot backwards.” Plaintiff exited the attraction and “blacked out.” Plaintiff woke up to a medic asking a series of questions as to her condition. On Oct...

Excerpt: ...r request for relief from the Defendants' alleged intrusions into her electronic devices. 2. Order dismissing Loancare's Complaint-in-Intervention and sustaining a demurrer to it. RULING: 1. Deny motion for reconsideration in its entirety. 2. Deny motion to dismiss and overrule demurrer on all grounds. CLAIMS AND PROCEDURAL BACKGROUND: The Plaintiff alleges that the Defendants are wrongfully foreclosing on her home. In 2011, the Plaintiff borrowe...

Excerpt: ... damage to the property. Plaintiff's insurer, California Automobile Insurance Company, denied the claim. On June 4, 2019, Plaintiff filed a complaint for Breach of Contract, and Breach of the Implied Covenant of Good Faith and Fair Dealing. On September 3, 2019, Defendant answered the complaint. RECOMMENDED RULING: Granted Plaintiff Vitacco moves for leave to file a first amended complaint in order to allege a claim for punitive damages, “Brand...

Excerpt: ...elevision show, Seal Team, requiring Plaintiff and Defendant Corinne Van Ryck de Groot to enter into a doorway with semi-automatic assault rifles. The scene was to be filmed on the premises of Defendant California Gun Girls, LLC dba Oaktree Gun Club. Defendant JMP Productions, Inc. produced the subject show. Defendant David Allen Shaw was responsible for coordinating the stunt. The guns were provided by Oaktree Gun Club, and loaded with live ammu...

Excerpt: ...4/month by year five (original terms) though an “additional term” sheet was also listed as a starting base rent of $4,704.74 with an increase to $5,295.33. Defendant provided a $5,333.08 security deposit. Defendants Samvel S. Khodzhumyan and Nancy Simonian executed a personal guaranty. Plaintiff alleges Defendant defaulted on the lease as of June 12, 2018. Plaintiff obtained a default judgment for possession of the premises on August 20, 2018...

Excerpt: ...44/month by year five (original terms) though an “additional term” sheet was also listed as a starting base rent of $4,704.74 with an increase to $5,295.33. Defendant provided a $5,333.08 security deposit. Defendants Samvel S. Khodzhumyan and Nancy Simonian executed a personal guaranty. Plaintiff alleges Defendant defaulted on the lease as of June 12, 2018. Plaintiff obtained a default judgment for possession of the premises on August 20, 201...

Excerpt: ...ligent Misrepresentation  8th Cause of Action: Breach of Contract  9th Cause of Action: Breach of Covenant of Good Faith and Fair Dealing Motion to Strike  Allegations in support of, and claim for, goodwill and business reputation damages  Allegations in support of, and claim for, general and special damages, including loss of market value of subject property  Allegations in support of, and claim for, punitive damages  Claim for...

Excerpt: ...oceedings against Defendants Christopher and Emily Harris, and The Harris Revocable Trust. Following the litigation, Fox demanded payment and the dispute went to fee dispute arbitration. Fox was awarded fees and filed the subject action. Plaintiff alleges that defendants improperly distributed funds from D'Railed Beauty Trolley, LLC thereby preventing payment of the outstanding fee award. On October 30, 2019, Plaintiff filed a complaint for Breac...

Excerpt: ...ue Stanford, Unit A, while conducting an inspection. On March 25, 2019, Jon and Karen Edmonson filed a complaint against TFI Group, Inc., et al. for premises liability, negligence, and loss of consortium. (19STCV10121) On June 6, 2019, City of Santa Clarita filed a complaint against TFI Group, Inc., et al. for negligence, and premises liability (19STCV19875). On June 13, 2019, Donald Wisdom, Wisdom Business Properties, LLC, and Datalink Networks,...

Excerpt: ...e President of Operations, “hired him on behalf of” Design Masonry, Inc. Defendant Scott Floyd is the “President/Owner, leader and principal of” Design Masonry, Inc. On October 27, 2018, Plaintiff sustained an on the job injury. Plaintiff denies he was deprived of Workers' Compensation medical care and accused of “lying” about his injury. Regardless, Plaintiff sought out medical care and incurred $125 in costs for a prescription, whic...

Excerpt: ...Forcible Entry  11 th Cause of Action: Violation of Business and Professions Code section 17200  14 th Cause of Action: Violation of Los Angeles Municipal Code section 151, et seq. (Los Angeles Rent Stabilization Ordinance) Motion to Strike  The word “alter ego”  The word “tortious”  Allegations Regarding Punitive Damages in relation to the Tortious Breach of Implied Warranty of Habitability, Nuisance, Intentional Inflictio...

Excerpt: ... Topanga Canyon Blvd. The lease term was from January 1, 2017 to January 1, 2018 at $4,000/month. On January 4 and February 28, 2018, Plaintiff D'Andre Humes presented offers for the purchase of the property. [2] Disclosures regarding other potential buyers were made. It's not clear from the exhibits to the operative complaint whether any agreement was executed, as the exhibits lack any signatory pages showing the signature of either Marcill or S...

Excerpt: ...efendant Bruce Leichty were involved in a multi-vehicle automobile accident on Interstate 5. On October 25, 2019, Plaintiff filed a complaint for Negligence, and Motor Vehicle. On January 6, 2020, Leichty, pro se, answered the complaint and filed a cross-complaint against Antonio Tan, Elsa Tan, Michael Cheney and Vincent Kane for Motor Vehicle (two causes of action), and Breach of Contract against State Farm Mutual Automobile Insurance Co. On Jan...

Excerpt: ...spective Economic Advantage  4th Cause of Action: Conversion  5th Cause of Action: Claim and Delivery  6th Cause of Action: Unjust Enrichment SUMMARY OF ACTION On October 18, 2018, Plaintiff James Underwood and Defendants Ace Industrial Supply, Inc., Holden Stearns, and Timothy Stearns entered into a Mutual Release and Agreement arising from a whistleblower claim. Defendants agreed to pay Plaintiff $10,000 for the identification of certa...

Excerpt: ...17200  5th Cause of Action: Negligence  6th Cause of Action: Breach of Contract  7th Cause of Action: Intentional Interference with Estate SUMMARY OF ACTION Plaintiff Amber Day rents certain premises in Agua Dulce owned and/or managed by Defendants Linda Stanley Burns, Charles Stanley and Joe Cox. [Comp., Ex. A.] Plaintiff alleges the premises are maintained in a substandard condition, including plumbing and external water leaks, imprope...

Excerpt: ...o a two year payback period and an annual interest rate of five percent. In 2008, Plaintiffs loaned Defendants an additional $100,000 again pursuant to an oral agreement—again at the five percent interest rate and two year time frame. Finally, in 2009, the parties executed a duplicate third loan agreement for $70,000. Thus, all loans totaled $220,000. On January 4, 2010, the parties executed a written agreement acknowledging the three loans and...

Excerpt: ...was secured by a deed of trust on 1012 Glenoaks Blvd., San Fernando. On an unspecified date in January 2020, Plaintiff alleges Athas Capital Group, Inc. “threatened to foreclose on the Property unless Plaintiff made a ‘reinstatement payment' of $88,117.64. Although Plaintiff maintains compliance with the “terms and conditions of the Loan Agreement,” Plaintiff paid the demanded amount to Athas Capital Group, Inc. via loan servicer defendan...

Excerpt: ...t Mortgage Funding, Inc., but were eventually assigned to/acquired by US Bank, N.A. On July 13, 2006, Jenise Nascimento-Roberson executed a grant deed transferring title to William Roberson as his sole separate property. Plaintiff alleges the deed of trust is null and void, and therefore any efforts at foreclosure are invalid, due to the lack of authenticated documents establishing “an unbroken chain of title,” or establishing Defendants as �...

Excerpt: ...insured at the time of the collision. Plaintiff alleges she was acting as a volunteer and/or agent of Defendant American National Red Cross at the time of the collision, and therefore covered by insurance issued by Defendant Old Republic General Insurance, Inc. with claim adjustment service provided by Defendant Sedgwick Claims Services, Inc. Defendants denied the claim on grounds that no uninsured motorist policy coverage was issued to American ...

Excerpt: ...home) located in Canyon Country. On August 13 2019, the parties executed a written agreement acknowledging their joint ownership of the home purchased in 2016, and an agreement for the equal division of sales proceeds. [Comp., Ex. 1.] On October 15, 2019, Bernabe filed a complaint for partition (19CHCV00829), which was assigned to Department 49. [Comp., Ex. 2.] The action was dismissed on October 17, 2019. Although the parties jointly executed a ...

Excerpt: ...06 Bryant St., Canoga Park. [Comp., ¶¶ 15-18] Plaintiff alleges the property was acquired with a preexisting mortgage with Defendant Bank of America. Plaintiff alleges paying the outstanding balance of $80,036.26 on an unspecified date. Although the sale of the property was conditioned on encumbrance free title, Plaintiff alleges that the Karwani defendants also secured a home equity line of credit (HELOC) loan on an unspecified date. According...

Excerpt: ...efendant Ray Fish and Miguel Vitela. Defendants allege the vehicles operated by defendants were provided by Defendant Electro Adapter, Inc., and unnamed third party(ies) Frito-Lay Sales, Inc. and/or Rolling Frito Lay Sales. Section 10(f) of the motor vehicle cause of action also states “Negligent Entrustment of Motor Vehicle.” On May 14, 2019, Plaintiffs filed their form complaint for motor vehicle and general negligence. On July 16, 2019, th...

Excerpt: ...rt of, and Claim for, Punitive Damages SUMMARY OF ACTION On December 17, 2020, Plaintiff Rhonda Adelman entered into a real estate purchase contract with Defendants Cornell and Erika Pascual for certain real property in Chatsworth. According to the contract attached to the complaint, the purchase price was $705,000, but the complaint alleges a purchase price of $650,000. [Comp., ¶ 17.] Escrow was set to close on January 6, 2021. Plaintiff allege...

Excerpt: ...len was involved in an automobile accident, which led to transportation to 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 le...

Excerpt: ... work performed by Defendant Laert Ayvazyan, specifically an improperly soldered one copper pipe that failed on July 19, 2019, thereby causing an uncontrollable amount of water to flood the property. Plaintiff seeks $400,921, due to the $1,500 deductible incurred by the insured. On February 11, 2020, Plaintiff filed a complaint for equitable subrogation for damages to property. On August 31, 2020, the action was assigned from Department 27 to Dep...

Excerpt: ...2020. Plaintiff alleges past due rent of $95,707.20. On January 24, 2020, Plaintiff filed a complaint for unlawful detainer. Defendants answered the complaint on February 14, 2020. RULING: Granted as to Possession/Denied as to Damages. Plaintiff Randall Hall Senter moves for summary judgment for possession and damages on the complaint, or alternatively summary adjudication on the first, second, third and fourth affirmative defenses in the answer....

Excerpt: ...use of Action: Declaratory Relief  6th Cause of Action: Private Nuisance (noise)  7th Cause of Action: Damages (water discharge)  8th Cause of Action: Private Nuisance (spite fence)  9th Cause of Action: Injunction  10 th Cause of Action: Emotional Distress Motion to Strike  Abbreviations and Code Sections Not Drawn in Conformity with the Law  Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Causes of Ac...

Excerpt: ...ord, Unit A, while conducting an inspection. On March 25, 2019, Jon and Karen Edmonson filed a complaint against TFI Group, Inc., et al. for premises liability, negligence, and loss of consortium. (19STCV10121) On June 6, 2019, City of Santa Clarita filed a complaint against TFI Group, Inc., et al. for negligence, and premises liability (19STCV19875). On June 13, 2019, Donald Wisdom, Wisdom Business Properties, LLC, and Datalink Networks, Inc. an...

Excerpt: ...ord, Unit A, while conducting an inspection. On March 25, 2019, Jon and Karen Edmonson filed a complaint against TFI Group, Inc., et al. for premises liability, negligence, and loss of consortium. (19STCV10121) On June 6, 2019, City of Santa Clarita filed a complaint against TFI Group, Inc., et al. for negligence, and premises liability (19STCV19875). On June 13, 2019, Donald Wisdom, Wisdom Business Properties, LLC, and Datalink Networks, Inc. an...

Excerpt: ...ations in Support of, and Claim for, Punitive Damages  Claim for Attorney Fees  Claim for Special Damages, Emotional Distress Damage, Sums Due SUMMARY OF ACTION On November 17, 2017, Plaintiff J.D. Aquino Corporation entered into a real purchase agreement for certain real property in Canoga Park. Defendant Portfolio Escrow, Inc. acted as the escrow agent on the sale. Plaintiff alleges that the escrow instructions required the acquisition of...

Excerpt: ...with vehicles operated by Defendant Ray Fish and Miguel Vitela. Defendants allege the vehicles operated by defendants were provided by Defendant Electro Adapter, Inc., and unnamed third party(ies) Frito-Lay Sales, Inc. and/or Rolling Frito Lay Sales. Section 10(f) of the motor vehicle cause of action also states “Negligent Entrustment of Motor Vehicle.” On May 14, 2019, Plaintiffs filed their form complaint for motor vehicle and general negli...

Excerpt: ...and that the loan would be secured by a first position deed of trust on 18223 Sandringham Court, Porter Ranch. The loan also provided an “accountability” clause, whereby Plaintiffs could request in writing a description for the use of any and all funds. Any violation of the agreement allowed Plaintiffs to call the loan, with all applicable interest and points. On an unspecified date, the original loan agreement was “modified into a new loan...

Excerpt: ...on and U.S. Fire Protection, Inc., when a falling metal plate struck Plaintiff on the head. On January 18, 2019, Plaintiff filed a complaint for premises liability, and negligence. On February 22, 2019 and March 12, 2019, LNR Partners California Manager, LLC answer then filed a cross-complaint against Prime Construction and U.S. Fire Protection, Inc. U.S. Fire Protection, Inc. and Gabriel Hernandez dba Prime Construction Services answered the com...

Excerpt: ...s, the board of directors agreed to schedule a vote among homeowner members to amend the governing CC&Rs. After an unsuccessful election, Running Springs filed the instant petition on March 19, 2021. On March 24, 2021, the court specially set the subject hearing pursuant to an ex parte application. RULING: Granted Running Springs Homeowners Association petitions for an amendment to the CC&Rs thereby reducing homeowner member voting requirements f...

Excerpt: ...s Construction Group, Inc. entered into a Joint Venture Agreement, whereby the parties agreed to cooperate on a construction project(s). [Comp., Ex. A.] According to Plaintiff, the parties agreed the agreement would expire on October 31, 2020. On July 1, 2020, the parties acquired a contract with third party Southern California Gas Company for the installation of gas meters at certain residential properties. Work commenced on 86 sites. On Septemb...

Excerpt: ...ges she was acting as a volunteer and/or agent of Defendant American National Red Cross at the time of the collision, and therefore covered by insurance issued by Defendant Old Republic General Insurance, Inc. with claim adjustment service provided by Defendant Sedgwick Claims Services, Inc. Defendants denied the claim on grounds that no uninsured motorist policy coverage was issued to American National Red Cross. On February 21, 2019, Plaintiff ...

Excerpt: ...0 payments of $1,334.32. Defendant Steven Wheeler executed a personal guaranty. Plaintiff alleges Defendant defaulted on the payment due on August 15, 2020, and any payments thereafter. Plaintiff alleges an outstanding balance of $60,235.73, which incudes a principal balance of $58,849.77 discounted by six percent for a reduced amount of $57,515.45, plus returned payments of $1,334.32 and miscellaneous charges of $1,385.96. On November 3, 2020, P...

Excerpt: ...ancial LLC RECOMMENDATIONS: 1. Plaintiff, Mylene Farooq Deny motion in its entirety. 2. Defendant, Ditech Financial LLC Grant motion and dismiss Ditech Financial LLC CLAIMS AND PROCEDURAL BACKGROUND: The Plaintiff alleges claims that the Defendants are wrongfully foreclosing on her home. In 2011, the Plaintiff borrowed $276,400.00 from Defendant, Bank of America and secured the loan with a deed of trust on the property. The Plaintiff's loan was t...

Excerpt: ...on: Negligent Hiring/Supervision  9th Cause of Action: Negligent Interference with Prospective Economic Relations  10 th Cause of Action: Intentional Interference with Prospective Economic Relations SUMMARY OF ACTION On December 31, 2016, Plaintiffs Michale Fredericks and Barbara Humes entered into a one-year lease for certain property with Defendant Marcilla Hayslett. [1] The property address is 8731 Topanga Canyon Blvd. The lease term was...

Excerpt: ..., 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 modification w...

Excerpt: ...ertain real property in San Fernando. Plaintiff alleges the fire was caused by certain unnamed contractors, hired by Defendants, performing certain “unlicensed and unpermitted repairs” to the subject property, including electrical work. On January 10, 2020, Plaintiff filed a complaint for Negligence, Res Ipsa Loquitur, Private Nuisance, Trespass, Premises Liability, Negligent Infliction of Emotional Distress, Intentional Infliction of Emotion...

Excerpt: ...ief  4th Cause of Action: Injunction Motion to Strike  5th Cause of Action: Violation of Civil Code section 726, subdivision (a)  Punitive Damages SUMMARY OF ACTION Plaintiff Harbour Community, L.P. identifies itself as the general managing partner of Harbour Community, a provider of “dignified affordable housing for low-income working families.” Defendant, the California Department of Housing and Community Development provides “be...

Excerpt: ...aintiff alleges the vehicle suffered from a number of defects in the brakes and transmission, which defendants were unable to repair after numerous attempts. Plaintiff requested a new vehicle or repurchase. On October 10, 2018, Plaintiff filed a complaint for breach of express warranty – Song-Beverly Consumer Warranty Act, breach of implied warranty - Song-Beverly Consumer Warranty Act, and violation of Civil Code section 1793.2. Defendant answ...

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.[2] RULING: Granted. Plaintiff brings the subject application for the appointment of a guardian ad litem, due to his deteriorating m...

Excerpt: ...in premises with Defendant Anica Barbosa. Plaintiff alleges Defendant took “premature possession” of the premises on March 28, 2020 and blocking Plaintiff from showing the premises to prospective buyers. Plaintiff also breached the lease by failing to conduct certain agreed upon tenant improvements, and failing to pay the rent due in May 2020 or any payments thereafter, the security deposit, or late charges. On May 19, 2020, Plaintiff filed a...

Excerpt: ...rty manage for certain property described as a two story 70-unit residential building located in Granada Hills. The written employment agreement provided that Plaintiff shall not work more than 30 hours per week or eight hours per day and shall not exceed six days of work in one week. [Comp., Ex. A.] Plaintiff alleges the job requirements could not be not reasonably completed within the 30 hour capped week. Certain items required attention after ...

Excerpt: ...reeway, and required towing service. Defendant Freeway Towing, Inc. responded to the call for a tow truck. According to Plaintiff, the vehicle was towed all the way to an impound lot, where Plaintiff eventually paid $5,000 for release of the truck from the impound lot. On April 1, 2020, Plaintiff filed it's complaint for conversion, unfair business practices, and intentional infliction of emotional distress. Defendants answered on May 26, 2020, w...

Excerpt: ... of $1,334.32. Defendant Steven Wheeler executed a personal guaranty. Plaintiff alleges Defendant defaulted on the payment due on August 15, 2020, and any payments thereafter. Plaintiff alleges an outstanding balance of $60,235.73, which incudes a principal balance of $58,849.77 discounted by six percent for a reduced amount of $57,515.45, plus returned payments of $1,334.32 and miscellaneous charges of $1,385.96. On November 3, 2020, Plaintiff f...

Excerpt: ...r the purchase of certain life insurance policies. [2] The specific policies involved two life insurance policies issued to Defendant Jamila Alwhity. According to Plaintiff, the purchase of the policies entitled Plaintiff to updates of any changes in personal information, including location and health information from both the insured and any person(s) in regular contact with the insured. Alhwithy designated Kamies Elhouty and Magdi Abuyisa as th...

Excerpt: ...sion Hills. Due to alleged mismanagement of the funds and budget for the rehabilitation of the building, Plaintiff Area J purchased the building for $2.7 million. Plaintiff Harbor Recuperative Care, LLC also purchased certain assets within the building. October 1, 2017, Defendant Hope of the Valley commenced a one year lease of the premises from Area J, LLC. Defendant Ken Craft executed the lease as chief executive officer and president of Hope o...

Excerpt: ...in third parties entered into a lease for a lot. Lessees breached the lease in 2007, due to their failure to pay rent, utilities and other charges. Lessees vacated the home in 2008, thereby leading to Canyon View filing a complaint for a Declaration of Abandonment and sale. On May 7, 2009, Canyon View purchased the home at a public sale following the judgment in favor of Canyon View. According to Canyon View, the sale provided it with title to th...

Excerpt: ...ath on May 12, 2017. On August 18, 2018, Plaintiff filed a complaint Elder/Dependent Abuse and Medical Negligence/Wrongful Death. On July 31, 2020, the action was transferred from Department 27 to Department 49. RULING: Granted Defendants Kaiser Foundation Health Plan, Inc., et al. (Kaiser) filed a petition to compel arbitration on June 5, 2020. Defendants allege that Decedent enrolled for the provision of health care services from the Kaiser def...

Excerpt: ...ated by Defendant Ray Fish and Miguel Vitela. Defendants allege the vehicles operated by defendants were provided by Defendant Electro Adapter, Inc., and unnamed third party(ies) Frito-Lay Sales, Inc. and/or Rolling Frito Lay Sales. Section 10(f) of the motor vehicle cause of action also states “Negligent Entrustment of Motor Vehicle.” On May 14, 2019, Plaintiffs filed their form complaint for motor vehicle and general negligence. On July 16,...

Excerpt: ... ACTION Plaintiff Kang became the owner of certain real property On September 26, 2012. On January 2, 2020, Defendant US Bank, N.A. “wrongfully foreclosed” on the property, while a Bankruptcy Stay was in place. On July 7, 2020, Plaintiff filed a verified complaint for Violation of Business and Professions Code section 17200, Violation of California Homeowner's Bill of Rights, and Quiet Title and Injunctive Relief. On October 21, 2020, Plainti...

Excerpt: ...s allege Defendants made certain representations regarding both the condition of the property and neighborhood. Plaintiffs allege the property suffers from leaks, the landscaping lacks sufficient drainage, the HVAC system insufficiently serves the premises, the property is infested with ants and pigeons, and a vacant lot next door to the home attracts third party loitering, drug abuse and sexual activity. On July 31, 2020, Plaintiffs filed a comp...

Excerpt: ...in Chatsworth. On September 26, 2016, Plaintiff was cleaning a powder press machine within the premises, when the machine pressed down on part of his hand. Plaintiff suffered injuries, which led to a right thumb amputation and damage to other fingers on the right hand. On March 5, 2018, Plaintiff filed a complaint for violation of Labor Code section 4558, strict product liability and negligence product liability. Classic Cosmetics is only named i...

Excerpt: ...ear lease for certain property with Defendant Marcilla Hayslett. [1] The property address is 8731 Topanga Canyon Blvd. The lease term was from January 1, 2017 to January 1, 2018 at $4,000/month. On January 4 and February 28, 2018, Plaintiff D'Andre Humes presented offers for the purchase of the property. [2] Disclosures regarding other potential buyers were made. It's not clear from the exhibits to the operative complaint whether any agreement wa...

Excerpt: ...aintiff filed a complaint for Negligence, Premises Liability, Strict Liability and Common Carrier Liability. On October 14, 2019, Defendant Magic Mountain, LLC filed it's demurrer and motion to strike to the complaint with a November 4, 2019 hearing date. On November 1, 2019, the action was transferred from the Personal Injury court to Department 49. At the January 15, 2019 case management conference, the court set the demurrer and motion to stri...

Excerpt: ...Defendant, Specified Design Systems for assistance with a bid to build a ceiling/wall system within the Christ Cathedral Church Project in Garden Grove California. Plaintiff secured third party Lindner as a manufacturer for the designer and manufacturer of the system, and presented the design to third party general contractor Snyder Langston for approval. Upon approval by the general contractor, Plaintiff submitted a bid of $2,602,488. The price ...

Excerpt: ...tion  5th Cause of Action: Promissory Estoppel SUMMARY OF ACTION On an unspecified date in 2016-2017, Plaintiffs Poseideon Restaurant, Inc. and Menoa Mirzakhani entered into lease for the premises in order to operate a restaurant and lounge. Upon taking possession of the premises, Again on an unspecified date, Plaintiffs entered into a written agreement with Defendant Sarkis Babakchanian dba Savs Enterprises for the renovation of the premises ...

Excerpt: ...he collision. Plaintiff alleges she was acting as a volunteer and/or agent of Defendant American National Red Cross at the time of the collision, and therefore covered by insurance issued by Defendant Old Republic General Insurance, Inc. with claim adjustment service provided by Defendant Sedgwick Claims Services, Inc. Defendants denied the claim on grounds that no uninsured motorist policy coverage was issued to American National Red Cross. On F...

Excerpt: ...o strike to Plaintiff's First Amended Complaint  Claim for Attorney Fees SUMMARY OF ACTION In 2016, Plaintiff KNJ Restaurants, Inc. entered into an agreement with Defendant Aaksha One, Inc. (seller) for the purchase of two Denny's restaurants located in Newbury Park and Northridge. Individual defendant Achintya Dube was/is chief executive officer of corporate seller at all relevant times. According to Plaintiff, both agreements also included t...

Excerpt: ...e time of the collision. Plaintiff alleges she was acting as a volunteer and/or agent of Defendant American National Red Cross at the time of the collision, and therefore covered by insurance issued by Defendant Old Republic General Insurance, Inc. with claim adjustment service provided by Defendant Sedgwick Claims Services, Inc. Defendants denied the claim on grounds that no uninsured motorist policy coverage was issued to American National Red ...

Excerpt: ... 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 of the conduct in the examination r...

Excerpt: ...in premises with Defendant Anica Barbosa. Plaintiff alleges Defendant took “premature possession” of the premises on March 28, 2020 and blocking Plaintiff from showing the premises to prospective buyers. Plaintiff also breached the lease by failing to conduct certain agreed upon tenant improvements, and failing to pay the rent due in May 2020 or any payments thereafter, the security deposit, or late charges. On May 19, 2020, Plaintiff filed a...

Excerpt: ... Practices  6th Cause of Action: Intentional Infliction of Emotional Distress  8th Cause of Action: Negligence Motion to Strike  Allegations in support of, and claim for, punitive damages  Treble Damages  $2,500 Civil Penalty under Business & Professions Code section 17200 SUMMARY OF ACTION On May 28, 2019, Plaintiff John Doe attended a yearly physical examination with Defendant Gregory Castillo. Plaintiff alleges that Dr. Castillo...

Excerpt: ...ured by Defendant Nissan North America. Plaintiff alleges the vehicle suffers from a number of defects in the engine and transmission. According to Plaintiff, Defendant has been unsuccessfully able to repair the defects. On February 3, 2020, Plaintiffs filed a complaint for Violation of Civil Code sections 1791.2, 1793.2, and 1794, and Breach of the Implied Warranty of Merchantability. On April 6, 2020, Defendant answered the complaint. On Decemb...

Excerpt: ...ndants made certain representations regarding both the condition of the property and neighborhood. Plaintiffs allege the property suffers from leaks, the landscaping lacks sufficient drainage, the HVAC system insufficiently serves the premises, the property is infested with ants and pigeons, and a vacant lot next door to the home attracts third party loitering, drug abuse and sexual activity. On July 31, 2020, Plaintiffs filed a complaint for Bre...

Excerpt: ...al property on July 2, 2015, which he transferred to Defendant Wealth Road, Inc. The property was subsequently transferred again on February 13, 2017 to JK Land Trust. Plaintiff alleges that on June 19, 2017, Defendants submitted a forged acknowledgment and satisfaction of judgment. The document led to a release from the lien. Although the document was later decreed a forgery, Plaintiff was unable to renew the judgment lien. On June 17, 2019, Pla...