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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...8, 2020, Plaintiff Eric Finn was driving a 2015 Nissan Sentra vehicle (the “Subject Vehicle”), with plaintiff Asia Finn, and Murdewiyanti and Talent James Finn on SR-14, when the Subject Vehicle began decelerating, even though the tachometer showed the engine continued to operate. Eric attempted to reach the shoulder, but was only able to bring the Subject Vehicle to the “number 5 lane” before the Subject Vehicle completely stopped. “Ap...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ... total value of $88,034.39 and $141,955.24. On April 12, 2019, Plaintiff, pro se, filed a complaint for Open Book Account and Services Rendered. On October 8, 2019, Plaintiff filed its first amended complaint for Open Book Account and Services Rendered. On October 10, 2019, a peremptory challenge was filed in Department 47. The parties also participated in non-binding arbitration. The award was rejected by Defendants. On January 28, 2020, the cou...

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...principal, Defendant Chad Rose, no follow-up investigation occurred. Brando was later placed in the same remote learning group with said bully, and upon his return to Stevenson Ranch Elementary School in September 2021, in-person bullying resumed. Plaintiff alleges even after the numerous complaints, district compliance officer, defendant Amanda Montemayor, only completed the investigation on October 15, 2021. On October 13 and October 22, 2021, ...

Excerpt: ...ipment. Defendants paid $210,000, and presented another $800,000 in checks, which were rejected for insufficient funds. Plaintiff alleges an outstanding balance of $790,000. On April 30, 2021, Plaintiff filed its complaint for Breach of Contract, Common Counts, and Fraud. On August 19, 2021, Plaintiff filed a first amended complaint for Fraud – Civil Code section 1719, Fraud Civil Code section 1572(3), Conversion – Civil Code section 3336, Br...

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

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

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

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

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

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

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

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