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: ...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: ...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: ...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: ...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: ...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...