Excerpt: ... of a business dispute between Plaintiffs Ahron Zilberstein (Zilberstein) and associated entities [1] and Defendants Ira Leibowitz (Leibowitz) and associated entities [2] . On March 30, 2020, Plaintiffs filed their now-operative second amended complaint (SAC), alleging ten causes of action: (1) breach of partnership agreement; (2) breach of fiduciary duty; (3) fraud; (4) conspiracy to commit breach of fiduciary duty; (5) accounting; (6) common co...

Excerpt: ...OUND This case is a collection action by Plaintiff American Express National Bank against Defendant Akikur Reza Mohammad. On October 19, 2020, Plaintiff filed its complaint against Defendant, alleging common counts causes of action. On March 2, 2021, Plaintiff filed its notice of motion and motion for an order deeming matters in requests for admissions admitted against Defendant on the grounds that Plaintiff had served on Defendant requests for a...

Excerpt: ...Y DEFENDANT GOLDBERG TO QUASH SERVICE OF SUMMONS AND COMPLAINT PURPORTEDLY SERVED ON AUGUST 26, 2021. Dept. U 8:30 a.m. Januar y 6, 2022 I. BACKGROUND This is an action by plaintiff Laura Ruano against defendants Luis Roberto Ruano II (Robert),[1] the son of plaintiff's husband from a previous marriage, and Julie Goldberg (Goldberg), a California attorney, as well as against DOEs 1 through 10. Plaintiff alleges in the complaint that since 2019 Go...

Excerpt: ...IRETY AS TO ZABIHULLAH KATOR Dept. U 8:30 a.m. January 4, 2022 I. BACKGROUND This is an employment action brought by plaintiffs Lakayla Burrell and Justeene Notto against defendants GuardNow, Inc. (GuardNow) and Zabihullah Kator a/k/a Mike Kator (Kator). This Court ordered default judgment in plaintiffs' favor on September 13, 2019, and specially appearing defendant Kator now seeks that the Court vacate and set aside as void this entry and judgme...

Excerpt: ...iled his first amended complaint (FAC) against the same, alleging a single cause of action for medical negligence, i.e., medical malpractice. On September 24, 2021, plaintiff filed his motion to seal records in this action. In this instance, such records as are regarded by plaintiff's motion have been lodged in plaintiff's anticipation of using them as evidence in upcoming summary judgment proceedings. As of December 14, 2021, no opposition has b...

Excerpt: ... SERVICES, LLC TO AND MOTION TO STRIKE PORTIONS OF PLAINTIFFS' FIRST AMENDED COMPLAINT Dept. U 8:30 a.m. December 14, 2021 I. BACKGROUND This case arises from a foreclosure on real property located at 4613 Conchita Way, Tarzana, CA 91356, following default on a construction refinance loan (the Mortgage Loan or the Loan) issued to plaintiff Vittola Re, LLC (Vittola Re). (FAC, ¶ 10.) Vittola Re is a limited liability company owned and managed by c...

Excerpt: ...sh Mohammadi against defendants Nassrollah Sanavi (Sanavi) and Sourena Parham (Parham). Plaintiff asserts in the pleading facts which allege that in 2008 plaintiff and defendants together formed an oral agreement to purchase and “flip”[1] distressed properties upon their cosmetic improvement, the goal being to make a profit on their investments. (FAC, ¶¶ 4, 6, 12.) To this end, plaintiff alleges that each party put forward $90,000.00 and wi...

Excerpt: ...F'S COMPLAINT Dept. U 8:30 a.m. December 8, 2021 I. BACKGROUND This action arises over a disagreement between parties as to the ownership of a total of 300,000 stock in a certain Arizona corporation. Plaintiff Maria Ferguson (Maria),[1] appearing in the action in her capacity as Trustee of the Ferguson Family Trust, is the widow of Frank William Ferguson II (Bill), a former Los Angeles attorney and sometimes business investor who died of cancer i...

Excerpt: ...plaintiff Datto, Inc. filed a complaint against defendants My Instant Guru, Inc. (MIG) and Michael G. Hosey (Hosey), as well as Does 1 through 10,[1] alleging: (1) an unnamed and otherwise ambiguous cause of action; (2) open book; and (3) account stated. Plaintiff alleges in the complaint that on or about defendants have become indebted to him in an amount certain of $42,089.10. Default was entered against MIG and Hosey on August 20, 2021, and pl...

Excerpt: ...ENDED COMPLAINT Dept. U 8:30 a.m. December 2, 2021 I. BACKGROUND This is an action for negligence and battery brought by plaintiff Dmitry Gurovich against hospital-defendants Calin Arimie, M.D. (Arimie) and inSITE Digestive Health Care f/k/a Southern California Gastroenterologist Associates (Insite). Plaintiff alleges in the complaint that on August 2, 20219 he underwent a colonoscopy procedure performed by hospital-defendants, but that this proc...

Excerpt: ...rough 100, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO: 21VECV00575 [TENTATIVE] ORDER RE: MOTION FOR LEAVE TO INTERVENE IN ACTION BY AMAZON.COM, INC., AMAZON WEB SERVICES, INC., AND TWITCH INTERACTIVE, INC. Dept. U 8:30 a.m. November 5, 2021 I. BACKGROUND This is a collection action filed by Brilliant Digital Entertainment, Inc., Europlay Capital Advisors, LLC, Claria Innovations, LLC, and Monto Holdings Pty Ltd (collectively, plaintif...

Excerpt: ...tiffs filed their now- operative first amended complaint (FAC) against defendants, alleging: (1) breach of contract; (2) quantum meruit; (3) account stated; and (4) open book account. On January 31, 2020, defendants/cross-complainants Eghbali, Gidadian, and Enrich filed their initial cross-complaint against plaintiffs/cross-defendants Reghabi. On October 5, 2020, cross-complainants filed their now-operative first amended cross-complaint (FACC) ag...

Excerpt: ...S Dept. U 8:30 a.m. November 17, 2021 I. BACKGROUND This is an employment action brought by plaintiffs Lakayla Burrell and Justeene Notto against defendants GuardNow, Inc. (GuardNow) and Zabihullah Kator a/k/a Mike Kator (Kator). This Court ordered default judgment in plaintiffs' favor on September 13, 2019, and specially appearing defendant Kator now seeks that the Court vacate and set aside as void this entry and judgment of default. On Decembe...

Excerpt: ...TNIFF'S FIRST AMENDED COMPLAINT Dept. U 8:30 a.m. November 16, 2021 I. BACKGROUND This is an action seeking to quiet title and for declaratory relief, among other claims, arising from an ongoing conflict between the parties as to to the nature and determination of their collective and individual rights and responsibilities with respect to real property located at 5238 Ben Avenue, Valley Village, CA 91607. On January 25, 2021, plaintiff Israel Bas...

Excerpt: ... of contract by plaintiff Pinnacle Estate Properties, Inc. against defendant Bonanza.Solutions, LLC, alleging defendant's breach of real estate brokerage contract, specifically breach of a prevision relating to commissions owed to plaintiff thereunder. On November 21, 2019, plaintiff filed its complaint against defendant and Does 1 through 20, alleging a single cause of action for breach of contract. The purported contact between the parties was ...

Excerpt: ...ING MONETARY SANCTIONS Dept. U 8:30 a.m. November 9, 2021 I. BACKGROUND This is an action by commercial landlord and plaintiff Westlake Village Industrial Park, LLC to collect allegedly unpaid rent from defendant Westlake Academy, Inc., the commercial tenant under lease, and Yoram Gold (Gold), the alleged guarantor. On October 13, 2020, plaintiff filed its complaint against defendants, alleging: (1) breach of contract; and (2) common counts. On M...

Excerpt: ...RRER TO PLAINTIFF'S COMPLAINT Dept. U 8:30 a.m. October 26, 2021 Continued to 11/08/2021 I. BACKGROUND This case arises from the alleged interference with contracts, business property, and business relationships belonging to plaintiffs Comerical Alexander USA, Pastora Surez Palomino, and Glober Castaneda. On July 9, 2021, plaintiffs filed their complaint against defendants Claribel Montenegro (Montenegro), Montenegro Catering Services, and Does 1...

Excerpt: ...KGROUND This action arises from a series of frauds allegedly practiced on plaintiff Cruz Galvez by a number of defendants which are most of them banks and professional individuals, including plaintiff's alleged former real estate agent Claudia Molina (Molina) and the eventual purchaser of plaintiff's foreclosed property Magnum Property Investments LLC (Magnum). On August 8, 2019, plaintiff filed his initial complaint against defendants, and on Ma...

Excerpt: ...URTHER RESPONSES FROM DEFENDANT 1st POINT LENDING, INC. TO SPECIAL INTERROGATORIES AND REQUEST FOR MONETARY SANCTIONS Dept. U 8:30 a.m. November 3, 2021 I. BACKGROUND This action alleges a series of fraudulent transactions perpetrated on plaintiff Amram Yahalom as an individual and as Trustee of the Amram Yahalom Trust Dated August 2, 2000 by defendants 1st Point Lending, Inc. (1st Point), Alex Nelson, and Does 1 through 100. On August 18, 2020, ...

Excerpt: ...I. BACKGROUND Petitioner Swift Financial, LLC and respondents Revved Financial Group d/b/a Intellect Insurance Solutions and Lusine Hakhverdyan engaged in arbitration to settle a contract dispute covered by an agreement to arbitrate. The arbitrator's award was addressed to the parties and dated December 21, 2020. It included, inter alia, that “[respondents], jointly and severally, shall pay [petitioner] the total sum of One Hundred Four Thousan...

Excerpt: ...IONS Dept. U 8:30 a.m. October 28, 2021 I. BACKGROUND This is a breach of contract action by plaintiff Keller, Fishback & Jackson LLP against Samson Roofing and Construction Corp. (Samson Roofing), Samson Mimon (Mimon), and Does 1 through 10. On August 28, 2019, plaintiff filed its initial complaint, and on September 12, 2019, plaintiff filed its now-operative first amended complaint (FAC), alleging: (1) breach of contract; (2) common count – m...

Excerpt: ...UND This action arises from construction work that plaintiff Bellagio Design Build Corporation (Bellagio) allegedly agreed to perform for defendants Katherine Klunder (Katherine)[1] and Bryan Klunder (Bryan) under contract. (Complaint, ¶¶ 4, 7.) Plaintiff alleges it completed work on the contract but was not paid an amount due of $72,349.59. (Id. at ¶¶ 8, 10.) Plaintiff further alleges that the parties' contract contains an arbitration provis...

Excerpt: ... her property. The Plaintiff Tamara Townsend (“Plaintiff”) defaulted on a home loan secured by a deed of trust on her property located at 4836 Calhoun Ave., Van Nuys, CA 91423 (the “Subject Property”). In 2012, following a notice of foreclosure, a trustee's deed upon sale was recorded stating Plaintiff's home had been sold at a trustee's sale in 2011. Over the next four years, Plaintiff continued to receive correspondence from the benefic...

Excerpt: ...n plaintiff Janine M. Yoder alleges injuries were caused to her left ankle and foot on January 8, 2019, as the result of a negligently performed EMG test on her nerves . On January 7, 2020, plaintiff filed her initial complaint against defendants Mahyar Okhovat, M.D., Mahyar Okhovat, M.D., Inc., and Does 1 to 100. On August 16, 2021, plaintiff filed her first amended complaint (FAC), alleging general negligence. On February 22, 2021, defendants f...

Excerpt: ...plaintiff Carlton Plaza Investors, LP. against tenant-defendant Document Technologies, LLC d/b/a Epiq. On April 13, 2021, plaintiff filed its initial Complaint. On May 25, 2021, plaintiff filed its FAC, alleging: (1) breach of lease; and (2) declaratory relief. On July 16, defendant filed its demurrer to both causes of action in the FAC on the grounds that plaintiff states facts insufficient to constitute either cause of action. On October 4, 202...

Excerpt: ...airway Resource Center, Inc. filed its Complaint against defendants Marc J. Mahoney, Shelley Mahoney, and Does 1 through 20, alleging: (1) breach of fiduciary duty; (2) constructive fraud; (3) trespass to chattels; (4) conversion; (5) aiding and abetting breach of fiduciary duty; (6) intentional interference with prospective economic advantage; (7) violation of Unfair Practices Act; (8) accounting; and (9) injunctive relief. On April 30, 2021, pl...

Excerpt: ... October 15, 2021 I. BACKGROUND This action arises from plaintiff Tamara Townsend's default on a home loan secured by a deed of trust on her property located at 4836 Calhoun Avenue, Sherman Oaks, CA 91423 (the Subject Property). The deed of trust was assigned to Deutsche Bank National Trust Company (Deutsche Bank) on August 24, 2011. (FAC, p. 3, ¶ 1.) On March 29, 2012, a trustee's deed upon sale (TDUS) was filed a recorded, reciting that Alak M...

Excerpt: ...OR SUMMARY ADJUDICATION Dept. U 8:30 a.m. October 15, 2021 I. BACKGROUND This is an indemnification action wherein plaintiffs Schlomo Schmuel (Schmuel) and Schlomo Schmuel D.P.M., Inc. (DPM) allege defendant Caspar Management Co., LLC agreed to purchase from plaintiffs real property located at 2210 East Highland Ave., San Bernardino, CA 92404 (the Highland Property), but that defendant has failed to fairly share the financial burdens realized by ...

Excerpt: ...T Dept. U 8:30 a.m. October 14, 2021 I. BACKGROUND This dispute concerns, inter alia, title to real property, which is vacant land being used to develop a luxury RV park in Coachella, California (the RV Property). On June 20, 2019, plaintiff Lev Investments, LLC (Lev Investments) filed its initial complaint. On September 27, 2019, plaintiff filed its now-operative first amended complaint (FAC) against defendants Ruvin Feygenberg (Feygenberg), Mic...

Excerpt: ...OR SUMMARY ADJUDICATION Dept. U 8:30 a.m. October 8, 2021 I. BACKGROUND This is an indemnification case wherein plaintiffs Schlomo Schmuel (Schmuel) and Schlomo Schmuel D.P.M., Inc. (DPM) allege defendant Caspar Management Co., LLC (Caspar) agreed to purchase from plaintiffs' real property located at 2210 East Highland Ave., San Bernardino, CA 92404, but that defendant has failed to fairly share the financial burdens realized by plaintiff as a co...

Excerpt: ... Havaei against defendant D and M General Constructor, Inc., a business engaged in a construction project across the street from plaintiff's home since January 2019. On December 14, 2020, plaintiff filed a complaint against defendant, and on March 1, 2021, plaintiff filed her now-operative first amended complaint (FAC), alleging: (1) trespass to real property; (2) private nuisance; (3) injunction; and (4) unfair competition. On January 7, 2021, t...

Excerpt: ...yees were not paid all minimum and overtime wages due. The parties moved to settle. On May 26, 2021, the Court granted plaintiff's motion for preliminary approval of the parties' Joint Stipulation of Class Action Settlement (the Settlement) for the maximum gross non-reversionary payment of $700,000.00 and provisional certification of the settlement class. On June 1, 2021, and in light of preliminary approval, plaintiff filed a First Amended Compl...

Excerpt: ...tween two business-entities arising from an alleged breach contract. The alleged contract was executed September 11, 2019, and contains a requirement that defendant pay plaintiff a commission if plaintiff secured a certain buyer of real property for defendant. Plaintiff alleges it secured the buyer, but defendant never paid. On November 21, 2019, plaintiff Pinnacle Estate Properties, Inc. filed its complaint against defendant Bonanza.Solutions, L...

Excerpt: ... at 18834-B Hatteras Street, Tarzana, CA 91356 (the Property). On December 15, 2020, plaintiff Makan Holdings LLC filed its Complaint against defendants Sayeh Khoei (Khoei), individually and as co-trustee of The Hatteras Trust and co-trustee of The18834-B Hatteras Trust, Mohamad Aligoudarzi aka Jim M.A. Goudarzi, individually and as co-trustee of The Hatteras Trust, Saideh Zivari, Fidelity Capital Holdings, Inc. dba Fidelity Creditor Service Inc....

Excerpt: ....). More generally, the Complaint alleges Plaintiff and Aggrieved Employees were not paid all minimum and overtime wages due. The parties moved to settle. The Court granted Plaintiff's motion for preliminary approval of the “Settlement” and provisional certification of the “Settlement Class” on May 26, 2021. On June 1, 2021, and as part of the motion for preliminary approval, Plaintiff filed a First Amended Complaint (“FAC”) against D...

Excerpt: ...rts”), Woodman's alleged maintenance supervisor, Silvia Oliveti (“Oliveti”), Woodman's alleged on-site property manager, Richard Bautista (“Bautista”), Woodman's alleged employee, and Does 1 to 200. These defendants are referred to herein collectively as “Defendants.” Plaintiff filed a Complaint against Defendants on October 21, 2020, alleging: (1) tortious breach of warranty of habitability (negligence); (2) breach of covenant of q...

Excerpt: ... a.m. September 23, 2021 I. BACKGROUND This is a dispute arising from the rescission of a franchise agreement, for which the parties disagreed as to the obligation to pay upon rescission. On December 17, 2020, Plaintiff 911 Restoration Franchise, Inc. (“Plaintiff”) filed a Complaint against defendants Donald Burrell, April Burrell, 911 Restoration of Baltimore, Inc., and Does 1 through 25 (collectively “Defendants”) for: (1) declaratory r...

Excerpt: ...rts”), Woodman's alleged maintenance supervisor, Silvia Oliveti (“Oliveti”), Woodman's alleged on-site property manager, Richard Bautista (“Bautista”), Woodman's alleged employee, and Does 1 to 200. These defendants are referred to herein collectively as “Defendants.” Plaintiff filed a Complaint against Defendants on October 21, 2020, alleging: (1) tortious breach of warranty of habitability (negligence); (2) breach of covenant of q...

Excerpt: ...1VECV00044 [TENTATIVE] ORDER RE: PLAINTIFF'S MOTIONS TO COMPEL RESPONSES FROM DEFENDANT CANDIDO TO PLAINTIFF'S REQUESTS FOR ADMISSIONS (SET ONE), REQUESTS FOR PRODUCTION, AND RESPONSES TO INTERROGATORIES; REQUESTS FOR SANCTIONS Dept. U 8:30 a.m. September 22, 2021 I. BACKGROUND This case arises from plaintiff Catamount Properties 2018, LLC's (“Plaintiff”) purchase of real property at 5460 White Oak Avenue, Unit K2078, Encino, California 91316...

Excerpt: ...aintiff filed her Complaint against Defendants, alleging: (1) wrongful eviction [citations]; (2) violation of implied warranty of habitability [citations]; (3) negligence per se; (4) intentional violation of statutory duties; (5) negligence; (6) breach of the implied covenant of quiet enjoyment; (7) nuisance; (8) constructive eviction; (9) intentional infliction of emotional distress; and (10) torts in essence [citations]. Defendant Spaleks own r...

Excerpt: ...s”), Woodman's alleged maintenance supervisor, Silvia Oliveti (“Oliveti”), Woodman's alleged on-site property manager, Richard Bautista (“Bautista”), Woodman's alleged employee, and Does 1 to 200. These defendants are referred to collectively herein as “Defendants.” Plaintiff filed a Complaint against Defendants on October 21, 2020, alleging: (1) tortious breach of warranty of habitability (negligence); (2) breach of covenant of qui...

Excerpt: ...Burhans (“Plaintiff”) allegedly bit into a piece of rock or other hard matter embedded in a hotdog, thereby sustaining injury on April 1, 2019. The hotdog was manufactured and sold to Plaintiff by Costco Wholesale Corporation (“Defendant”), and the alleged injury occurred at the Costco Food Court. The foreign object allegedly broke his tooth and caused dental injuries, which required tooth extraction, bone graft, implant, post, a temporar...

Excerpt: ...S FOR FORM INTERROGATORIES, SET ONE; REQUEST FOR SANCTIONS Dept. U 8:30 a.m. September 20, 2021 I. BACKGROUND This case arises from alleged injuries sustained by plaintiff Samuel Sarkisyan (“Plaintiff”), which Plaintiff alleges resulted from habitability and related defects and dangerous conditions in his apartment unit located at 6712 Woodman Avenue, Van Nuys, CA (the “Property”), which is allegedly operated by Woodman Manor Apartments (...

Excerpt: ... BACKGROUND This motion concerns a trial set November 22, 2021, in Case No. LC101909, whereby cross- complainant Joel D. Kettler (“Kettler”) alleges causes of action against cross-defendant Leslie Gould (“Leslie”) [1] , an individual, and cross-defendant Susan Gould (“Susan”) (collectively, “Cross- Defendants”). Leslie and Susan are a married couple, and Kettler is a blood relative of Leslie's parents (the “Elder Goulds”). Beg...

Excerpt: ...dresses grievances maintained by plaintiff Shelly Hart (“Plaintiff”) against a variety of defendant parties. Plaintiff filed her original Complaint on November 12, 2019, alleging nine causes of action, most of them related to alleged defects in residential properties that Plaintiff rented from several of the defendants for a time between 2009 and 2019. Plaintiff's original Complaint also includes as a defendant the law firm Kimball, Tiney & S...

Excerpt: ...ed a collection action against defendant Avo Kozukarayan (“Defendant”) and Does 1 through 100, alleging: (1) breach of contract, (2) open book account, (3) account stated, and (4) unjust enrichment. Plaintiff filed proof of service showing substituted service on Defendant on February 17, 2019. The Doe defendants were dismissed from this action without prejudice on May 30, 2018. Default was entered against Defendant on April 18, 2019; default ...

Excerpt: ...ept. U 8:30 a.m. September 9, 2021 I. BACKGROUND This is a landlord-tenant dispute between plaintiffs Abbas Rezaeipour and Ramtin Kalantari (“Plaintiffs”) and defendants Behrouz Damavand (“Defendant”) and Does 1 through 20. On or about August 1, 2016, Plaintiffs and Defendant entered into a lease agreement wherein Plaintiffs would occupy an alleged dwelling at 7412 North Balboa Boulevard, Lake Balboa, CA 91406 (the “Subject Property”)...

Excerpt: ...njury action. On April 11, 2017, plaintiff Gagik Harutyunyan (“Plaintiff”) filed a complaint against defendants Alco Holding Co., Inc., Alcoinvest, LLC, New Era Investments, LLC, and Does 1-100, alleging claims based in negligence and premises liability resulting from an accident that occurred on February 11, 2015, in which Plaintiff allegedly suffered a crushed hand while closing a gate on it. On or about February 8, 2019, Plaintiff amended ...

Excerpt: ... dispute arising from the family purchase and intra-family transfer of real property located at 17660 Martha Street, Encino, CA 91316 (the “Property”). The Property was purchased by defendant plaintiff Shahla Eshaghian (“Shahla”) [1] and defendant Janet Eshaghian (“Defendant”), mother and daughter respectively, as joint tenants on September 2, 1993. [2] Shahla is alleged to have then encountered economic hardship and thereafter transf...

Excerpt: ...iff Neil Elliott Dorval dba Socialnetpromo.com (“Plaintiff”) filed a Complaint against defendants Stuart Rose Heating and Air Conditioning Co. (“Defendant”), Tom Jellinik (“Jellinik”), and Does 1 through 100. On May 27, 2021, Plaintiff removed defendant Jellinik by filing a First Amended Complaint (“FAC”), the operative pleading, against Defendant and Does 1 through 100, alleging the following causes of action against: (1) breach ...

Excerpt: ...ff Janine M. Yoder (“Plaintiff”) filed a Complaint against defendants Mahyar Okhovat, M.D., Mahyar Okhovat, M.D., Inc., and Does 1 through 100 (“Defendants”), alleging injuries sustained when Defendants performed an EMG test on Plaintiff at Defendants' office on January 8, 2019. On February 4, 2020, Defendants propounded upon Plaintiff the following: Form Interrogatories (“FROGs”), Set One; Requests for Production (“RFP”), Set One...

Excerpt: ...rs of the subject property, alleging the following causes of action: (1) negligence; (2) nuisance; (3) breach of implied warranty of habitability; and (4) breach of the implied covenant of quiet enjoyment. On February 4, 2020, Defendants filed an Answer, then an Amended Answer on July 17, 2020. On May 28, 2021, Defendants filed a motion to deem requests for admission admitted, alleging Plaintiffs were propounded Requests for Admissions, Set One (...

Excerpt: ...Cross-Complainant, vs. NORA ELENA ALLEN, RAFAEL FIGUEREDO, individuals; and ROES 1 to 25, inclusive, Cross-Defendants. I. BACKGROUND This application for default judgment is submitted as to the cross-complaint filed by cross-complainant Hudson Insurance Company (“HIC”) against cross-defendant Rafael Figueredo (“Figueredo”) on June 21, 2019 (the “Cross Complaint”). As originally filed, the Cross Complaint named as cross-defendants Figu...

Excerpt: ...aintiff Gamal Ghobrial (Plaintiff) received from Monica Moussanejad, D.D.S. (Moussanejad), Tarzana Smile Design, and Monica Moussanejad, DDS, Inc. d/b/a Tarzana Smile Design (collectively, Defendants) in 2019. In relevant part, the FAC alleges that on July 12, 2019, Plaintiff first met with Defendants, seeking treatment for a tooth that he believed needed extraction. (FAC, ¶ 11.) On an unspecified date later in July 2019, Moussanejad informed Pl...

Excerpt: ...controlled the gate and knew or should have known that it was a dangerous condition prior to the accident, which they failed to correct. On March 26, 2021, Plaintiff filed an amended complaint naming Artin Mokhouyan (Mokhouyan) as Doe 3. On April 9, 2021, Plaintiff served Mokhouyan through substituted service agent for service of process with a summons and complaint. (Proof of Service of Summons and Complaint, pg. 1.) Because April 9, 2021, the f...

Excerpt: ...ted action against her landlord Ana Herrera (Defendant) for alleged violations of state law and a municipal ordinance regulating eviction procedures. The events surrounding these alleged violations occurred primarily during 2019 and 2020 and appear largely to be an escalating response to Plaintiff's failure to timely pay rent on February 15, 2019. On December 21, 2019, Plaintiff provided Defendant with a defective thirty-day notice to vacate. (Co...

Excerpt: ...ompensation claim and caused a new injury to her lower back. Thereafter, on October 22, 2013, Plaintiff filed her complaint, naming as defendants Laurie Gouett and ABCDE. Plaintiff later amended her complaint to name six additional defendants, including Blue Shield of California (Blue Shield). On March 4, 2020, Plaintiff applied for and on November 10, 2020, the court granted a determination of good faith settlement of the subrogation claims with...

Excerpt: ...mmercial real estate lessee, against his landlord Anita Vogdt (Defendant). Plaintiff alleges that a number of premise defects rendered the property's intended use impossible, especially a severe leak on March 14, 2020, which led to water intrusion and mold. Plaintiff further alleges that he complained of these defects to Defendant several times during March and April 2020, but that Defendant did not remediate the issues. On May 4, 2020, Plaintiff...

Excerpt: ...ests for Production (RFP), Set One; and Special Interrogatories (S. Rogs), Set One. On February 19, 2020, Defendants propounded upon Plaintiff RFP, Set Two and S. Rogs, Set Two. On June 24, 2020, Defendants filed a motion to compel a response or further response from Plaintiff on each of these demands for written discovery, alleging that Plaintiff until that point had provided only evasive, incomplete, or defective responses. Plaintiff filed an o...

Excerpt: ... NO: LC105529 [TENTATIVE] ORDER RE: MOTION TO STRIKE AND JOINDER TO MOTION TO STRIKE Dept. U 8:30 a.m. August 5, 2021 I. BACKGROUND This case arises from alleged damage and destruction to four Walnut Trees located on Plaintiff's property at 3901 Pacheco Drive, Sherman Oaks, California 91403. Defendant Svetlana Molchanov owns and has been developing property across a dirt road from Plaintiff's property for at least the past three years. Plaintiff ...

Excerpt: ...t building. On November 12, 2019, Plaintiff filed a complaint against several defendants. The operative pleading is the First Amended Complaint, which was filed on September 26, 2020, and alleges thirteen separate causes of action. Plaintiff moves the Court to compel the deposition of Defendant Kyle Dupree (“Defendant”). II. LEGAL STANDARD “Any party may obtain discovery . . . by taking in California the oral deposition of any person, inclu...

Excerpt: ...0 a.m. August 3, 2021 I. BACKGROUND This action arises from arises from a real estate agency-client dispute in which plaintiff Cruz Galvez has sued his previous real estate agents who represented the Plaintiff as the seller of a real property located at 14925 Friar St., Van Nuys, CA 91411 (the "Subject Property") and others. The Plaintiff alleges that all defendants misrepresented or concealed from him material facts regarding the Property. On Au...

Excerpt: ...against defendant Wells Fargo Bank (“Defendant”). On May 3, 2021, this Court held a non-jury trial at which Plaintiff but not Defendant appeared. After, reviewing the evidence submitted before it and hearing Plaintiff's closing argument, the Court ordered judgment to be entered for Plaintiff against Defendant. On May 4, 2021, Defendant filed the pending Motion to Vacate the Judgment entered against it. The Plaintiff has not filed any oppositi...

Excerpt: ...n individual; and DOES 1 to 50, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO: BC716592 [TENTATIVE] ORDER RE: PETITIONER'S PETITION FOR APPROVAL OF MINOR'S COMPROMISE Dept. U 8:30 a.m. July 27, 2021 I. BACKGROUND On September 1, 2014, Luke Barry Shen (“Plaintiff”), a three-year old boy, fell out of a two-story window at his residence at 1218 Landsburn Circle in Westlake Village, California. As a result of the fall...

Excerpt: ...UND This is a medical malpractice action arising out of alleged failure to timely and properly diagnose and treat the perforation on Plaintiff Henrik Shahinyan's (“Plaintiff”) urinal bladder. On January 28, 2021, Plaintiff[1] filed his operative first amended complaint (“FAC”) against Defendants Bassam Bejjani, M.D., (“Bejjani”) Valley Presbyterian Hospital (“VPH”), and Does 1 through 100 asserting a sole cause of action for profe...

Excerpt: ...1. Introduction On April 23, 2021, Plaintiff Sun Crest Partners, LP initiated this residential unlawful detainer action against Defendants David Bunevacz and Jessica Bunevacz. The Bunevaczes moved for dismissal of the action based on COVID‐ 19‐related financial distress. The Court declined to dismiss the case on June 4, 2021. Defendants proceeded to file their demurrer on June 17, 2021, but not before Plaintiff had requested and obtained entr...

Excerpt: ...ROUND Plaintiff Shelly Hart (“Plaintiff”) initiated this action by filing her complaint on November 12, 2019. Plaintiff filed her First Amended Complaint on September 15, 2020, against 19 defendants, including Defendant Courtney Sullivan (“Defendant”). The operative complaint asserts thirteen causes of action: (1) Breach of contract; (2) Breach of implied covenant of good faith and fair dealing; (3) Breach of implied covenant of quiet enj...

Excerpt: ...D. Kettler (“Cross-Complainant”) filed the operative First Amended Complaint alleging causes of action for (1) libel per se, (2) slander per se, (3) defamation, (4) trade libel, (5) intentional interference with prospective economic advantage, (6) intentional interference with contractual relationship, (7) IIED, and (8) breach of contract against Cross- Defendants Leslie Gould and Susan Gould (“Cross-Defendants”). On January 18, 2019, the...

Excerpt: ...tober 3, 2019. The Second Amended Complaint (“SAC”) is the operative complaint, filed by Plaintiffs Thuan D. Le and Heather Le on December 18, 2020. The Complaint asserts two causes of action for (1) violation of California Homeowner Bill of Rights and (2) wrongful foreclosure against Defendants Bayview Loan Servicing, LLC, and Bank of New York Mellon (collectively “Defendants”). Defendants filed the instant demurrer with motion to strike...

Excerpt: ...intiffs filed the first Complaint on March 19, 2019, the First Amended Complaint on July 25, 2019, and the operative Second Amended Complaint on March 30, 2020. The Second Amended Complaint alleges seven causes of action and seeks the imposition of an equitable lien and judicial foreclosures of deed of trust. On June 4, 2021, Defendant Ira Leibowitz (“Defendant”) filed the instant motion to compel third- party Joseph Safran (“Safran”) to ...

Excerpt: ... injured Plaintiff in a motor vehicle collision. Plaintiff demurs to the second through ninth affirmative defenses in Defendants' second amended answer. Defendants oppose the demurrer. ANALYSIS 1. INSUFFICIENT FACTS TO CONSTITUTE AFFIRMATIVE DEFENSES A plaintiff may demur to an answer if: “(a) The answer does not state facts sufficient to constitute a defense. [¶] (b) The answer is uncertain. As used in this subdivision, ‘uncertain' includes...

Excerpt: ...d. Legal Standard A demurrer can be used only to challenge defects that appear on the face of the pleading under attack; or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal 3d 311, 318.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. (SKF Farms v. Superior Court (1984) 153 Cal. App. 3d 902, 905.) The only issue involved in a demurrer hearing is whether the comp...

Excerpt: ...or conversion; OVERRULED as to the fifth cause of action for aiding and abetting and the sixth cause of action for false promise fraud. The leave to amend is limited to curing the defects identified below and not to add new causes of action. The Motion to Strike by defendant Sternlight against the Second Amended Complaint is MOOT as to Punitive Damages under the fourth cause of action for conversion and DENIED as to all other requests (i.e., puni...

Excerpt: ...tion for “fraudulent inducement – concealment.” Fraud by concealment requires: (1) the defendant concealed or suppressed a material fact; (2) defendant had a duty to disclose the fact to plaintiff; (3) defendant intentionally concealed or suppressed the fact with intent to defraud plaintiff; (4) plaintiff must have been unaware of the fact and would have acted otherwise if she had known of the concealed fact; and (5) plaintiff suffered dama...

Excerpt: ...n Mirzoyan, Arsen Mirzoyan, Devin Henderson, Chris Kim, and Kevin Ho (collectively, “Moving Defendants”) RESPONDING PARTY: Plaintiff Daniel Salin The Court has considered the moving, opposition, and reply papers. BACKGROUND Plaintiff's operative FAC (the “FAC”) alleges the following causes of action: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) intentional interference with prospective economi...

Excerpt: ...stances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.” Los Defensores, Inc. v. Gomez (2014) 223 Cal.App..4th 377, 390). Under this standard, trial courts have properly imposed terminating sanctions when parties have willfully disobeyed one or more discovery orders. (Id.). On March 6, 2020, Defendant Feng Constr...

Excerpt: ...SHIP COALITION; CENTER FOR BIOLOGICAL DIVERSITY. Cross-Complainant CALIFORNIA INDEPENDENT PETROLEUM ASSOCIATION RP: Cross-Complainant CALIFORNIA INDEPENDENT PETROLEUM ASSOCIATION Cross-Complainant CALIFORNIA INDEPENDENT PETROLEUM ASSOCIATION Cross-Defendants YOUTH FOR ENVIRONMENTAL JUSTICE; SOUTH CENTRAL YOUTH LEADERSHIP COALITION; CENTER FOR BIOLOGICAL DIVERSITY. Summary On 3/12/21, as directed by the Second District Court of Appeal, the Court e...

Excerpt: ...e of the State of California. The People seek civil penalties to punish multiple violations of California's Regulation on Commercialization of Alternative Diesel Fuels (ADF regulation) promulgated by the Air Board (Cal. Code Regs., tit. 13, § 2293 et seq.), along with injunctive relief to prevent defendants from violating those laws in the future.” (Complaint, ¶ 1.) On August 10, 2020, Plaintiff People of the State of California ex. rel. Cali...

Excerpt: ...ation for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the ...

Excerpt: ...(Ekco). Plaintiff amended the Complaint to add M M Relocation Services Inc. as DOE 1 and Rush Enterprises, Inc. (Rush) as DOE 2. On May 30, 2019, Plaintiff dismissed Ekco without prejudice. Ekco filed a memorandum of costs in the amount of $615. Plaintiff then added Ekco back in as DOE 3. On January 15, 2020, Plaintiff dismissed Rush. Shortly thereafter, Ekco filed two motions to compel initial discovery against Plaintiff. On May 14, 2020, Plaint...

Excerpt: ... tenancy, substandard conditions existed at the property. Plaintiff further alleges that upon signing the lease, Defendants misrepresented that there were no problems with the commercial property. However, Plaintiff allegedly became aware the address of the property is non‐ existent and does not appear on any map of Los Angeles County. On October 2, 2020, Plaintiff Noe Sosa DBA Sosa's Collision filed a complaint against Defendants Melvin Brown,...

Excerpt: ...y time within 30 days after service of summons upon the limited liability company or upon any defendant who is a manager of the limited liability company or held that position at the time of the acts complained of, the limited liability company or the defendant may move the court for an order, upon notice and hearing, requiring the plaintiff to furnish security as hereinafter provided. The motion shall be based upon one or both of the following g...

Excerpt: ...stances: [the] conduct of the party to determine if the actions were willful; the detriment to the propounding party; and the number of formal and informal attempts to obtain the discovery.” Los Defensores, Inc. v. Gomez (2014) 223 Cal.App..4th 377, 390). Under this standard, trial courts have properly imposed terminating sanctions when parties have willfully disobeyed one or more discovery orders. (Id.). On March 6, 2020, Defendant Feng Constr...

Excerpt: ...arising from a motor vehicle accident. On February 11, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) alleging a cause of action for motor vehicle negligence and including a prayer for punitive damages. Defendant now moves to strike the punitive damages from the FAC. Plaintiff opposes the motion, and Defendant filed a reply. 2. Motion to Strike a. Law Governing Punitive Damages in the Context of Driving Under the Influenc...

Excerpt: ...ti- SLAPP motion”) as to the fourth cause of action for contractual fraud. Cross-Complainants did not file an opposition. FACTUAL BACKGROUND Cross-Complainants allege that Cross-Defendant hired them to perform renovations at 44 Fair Oaks, Pasadena, California. (FACC ¶ 6.) On May 27, 2019, Cross-Defendant promised to pay all bills for the contract price of $132,468.75 on 30-day terms from installation. (Id. at ¶ 34.) Cross-Complainants finishe...

Excerpt: ...ngeles County Metropolitan Transportation Authority Responding Party: No opposition. Meet and Confer: Yes. (Reid Decl. ¶9.) BACKGROUND This action arises out of an injury to Plaintiff Fernando's lower extremity while riding a public bus, owned and operated by Defendant Los Angeles County Metropolitan Transportation Authority (“LACMTA”). Plaintiff, a physically disabled individual, was accompanied at the time by Defendant Gracita DeMasa, a ca...

Excerpt: ...mmence and complete proceedings for indirect contempt of court, i.e., where the contempt committed in the immediate view and presence of the court. First, the subpoenaing party must file an affidavit alleging proper service of the subpoena on the witness and the witness' “disobedience.” (Code Civ. Proc., §§ 1211(a)–(b).) “Disobedience” means a conscious refusal to attend the deposition. (Code Civ. Proc., § 1991; Chapman v. Sup.Ct. (1...

Excerpt: ...r injuries Plaintiff sustained while standing on scooter Plaintiff rented from Defendant. Defendant now moves to compel arbitration. As of July 1, 2021, no oppositions has been filed. 2. Petition to Compel Arbitration In deciding a petition to compel arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue whether the claims are covered within ...

Excerpt: ...iff's motion for new trial. On August 28, 2019, the Court entered judgment in the amount of $6,800.00 plus costs. On September 23, 2019, Plaintiff filed a second motion for a new trial, again arguing that the judgment was inadequate and that he was entitled to a higher damages award. On October 11, 2019, the Court denied the motion as an improper motion for reconsideration, and Plaintiff appealed. On January 9, 2020, the Court awarded attorney fe...

Excerpt: ...LLC, Rosalind Randall Boateng, Armando Bonilla Jaramillo, ZMX2 Family Trust, Manuel Ulloa, Manuel Silva, Southern Baja, Inc., Geico Insurance, and Carlos Rodriguez on August 21, 2020, alleging causes of action for: 1. fraud by intentional misrepresentation; 2. negligent repair; 3. negligence; 4. conversion; 5. intentional infliction of emotional distress; 6. conspiracy to participate in racketeering, violation of RICO Act under 18 USC § 1962(d);...

Excerpt: ...ust 3, 2020, Plaintiffs Vrezh Saribekian (“Plaintiff”) and Sirush Mkrtchyan filed this action against Defendant Steven Gary Rabiner for injuries arising from a May 15, 2019 automobile accident. On December 14, 2020, Plaintiff served Demand for Production of Documents (Set One) and Requests for Admission (Set One) on Defendant by electronic mail. Defense counsel requested multiple extensions but to date, has not served discovery responses. Pla...

Excerpt: ...ed. 45-Day Limit; Meet and Confer Notice of a motion to compel further responses must be given within 45 days of service of the verified response, or on or before any specific later date to which the parties have agreed in writing. (CCP §§ 2030.300(c), 2031.310(c), 2033.290(c).) If such notice is not given, the propounding party waives any right to compel a further response. (Id.) The instant motion appears to apply to the supplemental response...

Excerpt: ... action against Defendant, Ramzi Zaki Kiriakos, M.D. (“Defendant”) for medical malpractice. On March 11, 2021, the parties participated in an Informal Discovery Conference (“IDC”) regarding discovery disputes between the parties, but the disputes were not resolved. By agreement of the parties, any motion resulting from the IDC was to be brought within 30 days of March 11, 2021. On April 9, 2021, Plaintiff filed the instant motion to compe...

Excerpt: ...erizon Corporate Services Corp. (“Lien Claimant”), was involved in a car accident while being transported by Defendant ABCDE Transportation to a medical appointment in connection with an ongoing worker's compensation claim. The car accident exacerbated Plaintiff's prior injuries for which she was pursuing the worker's compensation claim and caused a new injury to her lower back. Thereafter, on October 22, 2013, Plaintiff filed her complaint. ...

Excerpt: ... U 8:30 a.m. July 1, 2021 I. BACKGROUND Lye Howry (Plaintiff) initiated this action against Reginald Mylabathula Benjamin (Reginald), Mark J. Shayatovich (Shayatovich), Iwona Benjamin (Iwona) and Does 1 through 50 (collectively, Defendants) on June 30, 2020. On January 27, 2021, Plaintiff filed the operative second amended complaint (SAC), alleging claims for (1) defamation per se, (2) libel per se, (3) slander per se, and (4) abuse of process. T...

Excerpt: ... SETS ONE AND TWO AND MONETARY SANCTIONS Reservation ID: 867538875746 Dept. U 8:30 a.m. Hearing Date: June 30, 2021 I. BACKGROUND This is a breach of contract and tortious interference action. Plaintiff Spotlight Ticket Management, Inc. (“Plaintiff”) alleges that it had an agreement to serve as a member of the StubHub Affiliate Program (the “Affiliate Program”) for Defendants eBay, Inc. (“eBay”) and StubHub, Inc. (“StubHub”) (coll...

Excerpt: ...n, Irma Ramirez, Vandela Holdings, LLC, Hope Road Property Solutions, LLC and nominal defendant Magris, LLC for (1) breach of written contract, (2) fraud in the inducement, (3) breach of fiduciary duty, (4) conversion, (5) conversion, (6) imposition of construction trust, (7) imposition of equitable lien, (8) demand for accounting, and (9) common count: money had and received. On January 27, 2020, Defendants/Cross-Complainants Marguerite Green an...

Excerpt: ...efendants Mahyar Okhovat, MD, Mahyar Okhovat, M.D., Inc. and Does 1 to 100 for negligence via medical malpractice. Plaintiff alleges Defendants injured her left ankle and foot on January 8, 2019 when they negligently performed an EMG test on her nerves. On February 22, 2021, Defendants Mahyar Okhovat, M.D. and Mahyar Okhovat, M.D , Inc. (collectively “Defendants”) filed a motion for summary judgment. Plaintiff filed opposition papers on June ...

Excerpt: ...raf Zaghi (“Ashraf”) both individually and as trustees of the Zaghi Family Trust (collectively “Defendants”). On November 19, 2020, Plaintiffs filed their complaint Defendants and Does 1-50 for: (1) negligence; (2) nuisance; (3) breach of implied warranty of habitability; and (4) breach of the implied covenant of quiet enjoyment. Plaintiffs have filed two compel further discovery motions, with one scheduled for a hearing on June 22, 2021 ...

Excerpt: ...raf Zaghi (“Ashraf”) both individually and as trustees of the Zaghi Family Trust (collectively “Defendants”). On November 19, 2020, Plaintiffs filed their complaint Defendants and Does 1-50 for: (1) negligence; (2) nuisance; (3) breach of implied warranty of habitability; and (4) breach of the implied covenant of quiet enjoyment. Plaintiffs have filed two compel further discovery motions, with one scheduled for a hearing on June 22, 2021 ...