Excerpt: ...actor, and subcontractors who worked on the project. On October 17, 2023, the Court approved the good faith settlement between Plaintiffs and Defendant subcontractor E & J Lopez Plumbing, Inc. in the amount of $120,000 and between Defendant/Cross-Complainant Denver Thomas Dale IV dba Residential Construction Company and Cross-Defendant E & J Lopez Plumbing in the amount of $30,000. Defendant Rapid Duct Testing and Air Balancing, Inc. (“Rapid”...

Excerpt: ...FOR JUDICIAL NOTICE Defendant requests the Court to take judicial notice of the original Complaint filed in this action. Judicial notice may be taken of records of any court in this state. (Evid. Code, § 452, subd. (d)(1).) Because the Complaint is part of the Court's record for this case, the Court may take judicial notice of it. (Ibid.) However, “while courts are free to take judicial notice of the existence of each document in a court file,...

Excerpt: ...c. (“Aprilia”) (collectively, “Defendants”), alleging engine oil leak defects in the Aprilia motorcycle Plaintiff allegedly purchased from Defendants. Plaintiff's complaint seeks $22,100.16 in damages, representing “the total purchase obligation involved in the transaction alleged herein, plus finance charges and other incidental and consequential damages and costs.” (Compl. ¶ 20.) In the alternative, Plaintiff claims to have “been...

Excerpt: ...“Defendant”) moves to compel responses from Plaintiff Seyed Farid Hajmirsadeghi (“Plaintiff”) to Form Interrogatories (Set Two) (“FROG-2”); Request for Production of Documents (Set Two) (“RPD-2”); and Special Interrogatories (Set Two) (“SROG-2”). In addition, Defendant moves to deem admitted the truth of the matters in Requests for Admission (Set One) (“RFA- 1”). Defendant also seeks monetary sanctions in connection with t...

Excerpt: ... on November 20, 2023. (See November 20, 2023 Judgment.) On December 18, 2023, Pacific filed a memorandum of costs, seeking $1,435.00 in filing and motion fees; $244.27 for service of process; $6,129.00 in surety bond premiums, and $859.20 for “Case Anywhere Pro-Rata Fees Mandated by Court Order.” (MC-025.) Defendant Western National Builders (“WNB” or “Defendant”) has moved to tax $500 in filing and motion fees associated with Pacifi...

Excerpt: ...aleros”). Plaintiff and Cross-Defendant Andrea Valero (“Valero”) was also the sole member of the board of directors for Plaintiff Malibu Road Homeowners Association (“HOA”) which governed the property during most of the events giving rise to the actions. The Valeros and the HOA brought two separate lawsuits against Defendant stemming from the same factual dispute concerning water leaks in the Valeros' unit, allegedly caused by Perlman. ...

Excerpt: ... why all related cases should not be consolidated for trial, and set an Order to Show Cause hearing on January 26, 2024. In the meantime, Cross-Defendant Railcraft USA (2010), Inc. (erroneously sued as Railcraft International Inc. dba Railcraft USA, Inc.) moved to sever and bifurcate all railing claims, or in the alternative, to continue trial. The parties have filed statements with their respective positions regarding consolidation and bifurcati...

Excerpt: ...purchased the defective flooring at issue, Defendant Zra Estates, Inc. dba Rhodium Floors (“Defendant”) allegedly refused to return it to the manufacturer for a refund, to deliver it back to Plaintiff, or to attempt to sell it to mitigate Plaintiff's damages. As such, Plaintiff seeks leave to amend the complaint to allege a cause of action for conversion. Defendant opposes, arguing Plaintiff's proposed amendment is not meritorious, and Plaint...

Excerpt: ...aintiff's Second Amended Complaint (“SAC”) alleges sixteen causes of action: (1) breach of written contract; (2) unjust enrichment; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) unfair business practices; (6) negligence; (7) declaratory relief; (8) disgorgement of money paid to unlicensed contractor; (9) recovery on contractors bond; (10) conversion; (11) violation of penal code § 496; (12) negligence – ins broker...

Excerpt: ...). The Court granted Summary Judgment in Defendant's favor on the basis that the Plaintiff assumed the risk in agreeing to climb and trim the tree. (June 21, 2023 Minute Order.) Plaintiff moved for a new trial, which the Court denied, having found no irregularity in the court proceedings, abuse of discretion, error in law, or insufficiency of the evidence. (October 17, 2023 Minute Order.) Plaintiff now moves for reconsideration of the Court's ord...

Excerpt: ...nt mistakenly alleges causes of action against Plaintiff's employer and supervisor, and mistakenly alleges that the owner of the property is Laterra Development, LLC.” (Ibid.) Plaintiff also seeks “to clarify the allegations against property owners 12575 Venice Investments LP and LT Building Corp.” (Ibid.) The Motion is unopposed. On December 12, 2023, the Court continued the hearing to permit Plaintiff to file a supplemental declaration in...

Excerpt: ...loyment and Housing Act; (4) Violation of Civil Code § 51.9; (5) Breach of the Covenant of Quiet Enjoyment; (6) Negligence; (7) Statutory Breach of Warranty of Habitability (Civil Code §§ 1941 and 1941.1); (8) Tortious Breach of Implied Warranty of Habitability; (9) Violation of Business & Professions Code § 17200 et seq.; (10) Violation of Civil Code § 1942.4; (11) Violation of Civil Code § 1941.3; (12) Negligent Violation of Statutory Dut...

Excerpt: ...struction defects in Defendant Marmar Corning, LLC's (“Defendant”) adjoining building caused damage to Plaintiff's building. Before initiating litigation, Plaintiff hired third party consultants Soil Pacific, Inc. (“Soil Pacific”) and PSFEG, Inc. (“PSFEG”) to evaluate the damage. Also prior to initiating litigation, Plaintiff sent Defendant copies of the consultant reports. Defendants have served business record subpoenas on both Soil...

Excerpt: ... discretionary provision, which applies permissively, and a mandatory provision, which applies as of right.” (Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25 (hereafter Minick).) “Section 473 is a remedial statute to be “applied liberally” in favor of relief if the opposing party will not suffer prejudice. Because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in fav...

Excerpt: ...een the two properties. Defendant moves to consolidate this case, Northwestern Engineering Co. v. Shemaria (Super. Ct. L.A. County, 2017, No. SC128312) with the case Northwestern Engineering Co. v. Shemaria (Super. Ct. L.A. County, 2022, No. SMCV00758) for all purposes. Plaintiff opposes the motion. ANALYSIS Code of Civil Procedure, section 1048, subdivision (a) provides: When actions involving a common question of law or fact are pending before ...

Excerpt: ... procedure section 473 “includes a discretionary provision, which applies permissively, and a mandatory provision, which applies as of right.” (Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25 (hereafter Minick).) “Section 473 is a remedial statute to be “applied liberally” in favor of relief if the opposing party will not suffer prejudice. Because the law strongly favors trial and disposition on the merits, any doubts in applying...

Excerpt: ...orm on Plaintiff's condominium. Plaintiff alleges WDR hired two separate subcontractors, Defendant Alireza Haghighat dba Anahita Construction (“Haghighat”) and Defendant Henry Rodrigo Sandoval Tejada dba All & One Construction (“Tejada”), who each did damage to Plaintiff's condominium unit, before all three Defendants abandoned the construction. WDR has filed cross-claims against the subcontractors for indemnity and contribution. WDR now ...

Excerpt: ...ion against Defendant Ocean Park Healthcare LLC dba Ocean Park Healthcare (“Defendant”), alleging (1) Elder abuse and Neglect; (2) Violation of Resident Rights; (3) Negligence; and (4) Wrongful Death. Defendant now moves for judgment on the pleadings as to the first, second, and third causes of action for failure to state facts sufficient to constitute a cause of action. Plaintiffs filed an affirmative notice of non-opposition. LEGAL STANDARD...

Excerpt: ... (3) negligence; (4) fraud; (5) negligent misrepresentation; and (6) unfair business practices. The first two causes of action are not alleged against Defendants Crawford & Company or William Ball (“Defendants”). Defendants demur to the third, fourth, fifth, and sixth causes of action on the grounds that they fail to state a cause of action pursuant to Code of Civil Procedure section 430.10, subdivision (e). Plaintiff opposes the demurrer and...

Excerpt: ... against them on July 7, 2023. The Court twice previously continued the hearing on Plaintiff Suzanne Tito's (“Plaintiff”) October 5, 2023 Request for Default Judgment based on Defense Counsel's representations that a Motion to Set Aside the defaults was forthcoming. (See October 7, 2023 and November 13, 2023 Minute Orders.) On November 13, the Court advanced the hearing on the Request for Default Judgment and forthcoming Motion to Set Aside t...

Excerpt: ...cation; Memorandum of Points and Authorities 2. Declaration of Kirk D'Amico 3. Declaration of Robert Paredes 4. Notice of Lodging Exhibit 5, Exhibit 10, and Exhibit 14 conditionally under seal [1] 5. Request for Judicial Notice 6. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Adjudication OPPOSITION PAPERS: Defendants Infinity Films Holdings, LLC; Michael Ohoven; and Brandon Farm, LLC 1. Opposition to Motion for...

Excerpt: ...nt in his individual capacity and derivatively on behalf of nominal defendant, United Clinical Research, Inc. (“United”). Plaintiff brings this action against Defendant Matrix Clinical Research, Inc. (“Matrix”) and individual Defendants Faramarz Shamam, Peyman Banooni, and Stan Gershovich (the “Individual Defendants”) (collectively, “Defendants”). Plaintiff alleges Plaintiff and the Individual Defendants previously formed United, ...

Excerpt: ... Common Count – Account Stated; (3) Conversion; (4) Failure to Pay Earned Wages; (5) Failure to Reimburse Business Expenses; and (6) Failure to Timely Pay Wages. Plaintiff moves for leave to file a second amended complaint. Defendants ABS Shoring, Inc.; AIM Development, Inc. dba Sol Construction, and George Soleimany aka Arash Soleimany (collectively, “Defendants”) oppose the motion, and Plaintiff replies. LEGAL STANDARD Amendments to Plead...

Excerpt: ...t against Defendants Wilshire Regent Association, Inc. (“Wilshire”) and Charles Eiser (“Eiser”) (collectively, “Defendant”) claims for (1) Breach of Fiduciary Duty; (2) Violation of Conditions, Covenants and Restrictions; (3) Negligence (4) Intentional Infliction of Emotional Distress; (5) Negligent Infliction of Emotional Distress; and (6) Nuisance. Plaintiff moves the Court for orders compelling Defendants to serve responses or furt...

Excerpt: ...0, 1990 (“Plaintiffs”) move for leave to file a second amended complaint to add Pamela Chen (“Chen”), President of the Altamarguerita South Homeowners Association (“HOA”), as a defendant, as well as additional factual allegations regarding the HOA's and Chen's alleged concealment of and failure to disclose facts regarding the water intrusion that Plaintiffs discovered in February-April 2023 through deposition discovery. Defendant Alta...