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2022.02.03 Motion to Vacate Summary Adjudication 375
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2022.02.03
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...
2022.02.03 Motion for Reconsideration 194
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2022.02.03
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...
2022.01.06 Motions to Quash Service of Summons and Complaint 054
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2022.01.06
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...
2022.01.04 Motion to Dismiss Action 968
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2022.01.04
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...
2021.12.15 Application to Seal 741
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.12.15
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...
2021.12.14 Demurrer, Motion to Strike 692
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.12.14
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...
2021.12.09 Demurrer 109
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.12.09
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...
2021.12.08 Motion to Dismiss 766
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.12.08
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...
2021.12.06 Application for Default Judgment 746
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.12.06
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...
2021.12.02 Demurrer 823
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.12.02
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...
2021.11.17 Motion for Leave to Intervene in Action 575
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.11.17
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...
2021.11.17 Motion to Compel Further Responses, for Monetary Sanctions 474
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.11.17
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...
2021.11.17 Motion to Quash Service of Summons 968
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.11.17
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...
2021.11.16 Demurrer 073
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.11.16
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...
2021.11.10 Motion for Judgment on the Pleadings 681
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.11.10
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 ...
2021.11.09 Motion to Compel Responses, for Monetary Sanctions 150
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.11.09
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...
2021.11.08 Demurrer 903
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.11.08
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...
2021.11.04 Demurrer, Motion to Strike 117
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.11.04
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...
2021.11.03 Motion to Compel Further Responses, for Monetary Sanctions 913
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.11.03
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, ...
2021.10.28 Motion to Confirm Arbitration Award 171
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.10.28
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...
2021.10.28 Motion to Compel Deposition, for Sanctions 243
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.10.28
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...
2021.10.27 Motion to Compel Arbitration and Stay Proceedings 525
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.10.27
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...
2021.10.22 Motion for Reconsideration 968
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.10.22
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...
2021.10.20 Motion for Summary Judgment 442
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.10.20
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...
2021.10.19 Demurrer 501
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.10.19
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...
2021.10.19 Motion for Protective Order 519
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.10.19
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...
2021.10.15 OSC Re Preliminary Injunction 097
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.10.15
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...
2021.10.15 Motion for Summary Judgment, Adjudication 625
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.10.15
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 ...
2021.10.14 Demurrer 878
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.10.14
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...
2021.10.08 Motion for Summary Judgment, Adjudication 625
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.10.08
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...
2021.10.05 Motion for OSC Re Contempt 470
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.10.05
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...
2021.10.04 Motion for Final Approval of Class and PAGA Representative Action Settlement 785
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.10.04
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...
2021.10.01 Motion for Leave to File FAC 681
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.10.01
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...
2021.09.30 Demurrer 486
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.09.30
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....
2021.09.28 Motion for Approval of PAGA Settlement 785
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.09.28
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...
2021.09.27 Motion to Compel Responses, for Sanctions 444
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.09.27
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...
2021.09.23 Application for Default Judgment 505
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.09.23
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...
2021.09.23 Motion to Compel Responses 444
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.09.23
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...
2021.09.22 Motion to Compel Responses, for Sanctions 444
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.09.22
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...
2021.09.21 Motion to Strike Punitive Damages 517
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.09.21
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...
2021.09.21 Motion to Compel Responses 444
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.09.21
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...
2021.09.20 Motion to Reclassify Action as Limited Jurisdiction 409
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.09.20
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...
2021.09.20 Motion to Compel Responses 444
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.09.20
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 (...
2021.09.17 Motion for Limited Reopening of Discovery 909
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.09.17
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...
2021.09.14 Motion to Compel Further Responses, for Protective Order 526
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.09.14
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...
2021.09.13 Motion to Vacate Entry of Default, Judgment 827
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.09.13
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 ...
2021.09.09 Motion to Strike Punitive Damages, for Attorney Fees 220
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.09.09
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”)...
2021.09.09 Motion to Compel Responses 305
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.09.09
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 ...
2021.09.09 Demurrer, Motion to Strike 292
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.09.09
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...
2021.09.02 Demurrer 261
Location: Los Angeles
Judge: LaForteza, Bernie C
Hearing Date: 2021.09.02
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 ...

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