Excerpt: ... about September 2015, he hired LD to refinance Plaintiff's marital home to buy out his ex-wife, Patricia Evans, as ordered by the Divorce Judgment 1 in the couple's dissolution. Thereafter, on September 18, 2015, LD reported a lien under Plaintiff's name for approximately $93,000 on the home. The money due on the lien was for fees owed to Plaintiff's ex-wife from the dissolution. On January 15, 2018, Plaintiff discovered that his ex-wife never r...

Excerpt: ...�Juarez” or, collectively, “Plaintiffs”) by and through their Guardian Ad Litem, Ana Ruth Abarca (“Abarca”) allege that when Plaintiffs were traveling eastbound on Avenue K on a green light, they became stuck on Avenue K due to traffic congestion from the lane closures for construction in the area and were struck by a train that failed to stop. On June 07, 2018, Plaintiffs filed their Complaint, amended on June 28, 2018. On September 09...

Excerpt: ...ta Corp. (“EDVCORP”). Plaintiff alleges the claims of EDVCORP are:  Defendant Timothy James Kiger (“Defendant”) asserted to prospective buyer Sanchez and to EDVCORP agent Alvarez that he was the true owner of the Parcel and 80 acres surrounding it. Defendant's assertions cost EDVCORP the sale of the Parcel.  Defendant asserted to prospective buyer Buenrostro that she and her mother were trespassing on his property and threatening th...

Excerpt: ...d an open account for Defendant by generating billing statements every month, and mailed said billing statements to Defendant. Plaintiff contends there are no unresolved disputes on the account at this time. The alleged balance on the account is $42,848.86. On December 17, 2020, Plaintiff filed its Complaint with the Cause of Action Common Counts. On January 15, 2021, Defendant filed an answer. Plaintiff moves for summary judgment and in the alte...

Excerpt: ...hich relates to dangerous conditions of public property. This personal injury lawsuit involves a trip and fall incident (the “Incident”) which occurred on February 19, 2019, at the Michael Antonovich Courthouse, located at 42011 4th Street West, Lancaster, California (the "Subject Property.") (See Declaration of Douglas Jacobs (“Jacobs Decl.”), Exh. 1 (the Complaint).) Specifically, the Complaint alleges the Incident was caused by a dange...

Excerpt: ... Defendant or its authorized repair facility or facilities no less than 16 times for repair to nonconformities. Plaintiff alleges each time the vehicle was returned without properly repairing the nonconformities. The nonconformities alleged are, but not limited to: noise concerns, engine malfunctions, brake malfunctions, battery malfunctions, infotainment malfunctions, door malfunctions, window malfunctions, air conditioner malfunctions, a high p...

Excerpt: ...aintiff”) for the wrongful death of her daughter, Melkyra Stovall (“Decedent”). On August 01, 2018, Decedent was in an automobile collision wherein her car was allegedly struck by a garbage truck taking a wide right turn. According to the Complaint, the truck was owned by Defendant USA Waste of California (“USA Waste”) and operated USA Waste employee Defendant Jose Guillermo Corzo Dubon (“Dubon” and collectively, “Defendants”). ...

Excerpt: ...the vehicle and his passengers were Ramak Aghdassi and Sheida Shahrikandi. (Decl. of McCormack.) Defendant's agent was driving the vehicle that rear-ended Plaintiffs' vehicle. (Sobhani Complaint, Page 5; Shahrikandi Complaint, Page 5.) III. PROCEDURAL BACKGROUND On August 12, 2020, Plaintiffs Ashkbos Sobhani and Ramak Aghdassi filed their complaint. On September 24, 2020, Plaintiff Sheida Shahrikandi filed her complaint. On March 1, 2021, the Cou...

Excerpt: ...ichael A. Gertz, M.D. (“Dr. Gertz”) misrepresented that the doctor performing the medical procedure was “World Class”, that AVH was ranked as one of the top hospitals in California, and that Plaintiff would not find better care at some other hospital than he would receive at AVH. On September 21, 2020, Plaintiff filed a complaint against Defendants AVH, Dr. Eddin, and Does 1 through 25 for (1) medical malpractice, (2) intentional misrepre...

Excerpt: ...21, 2018. On November 18, 2018, Plaintiffs filed their initial Complaint against COLA and Defendants Los Angeles County of Regional Planning, Los Angeles County Department of Public Works, Los Angeles County Flood Control District, and Los Angeles County Waterworks District No. 37, Acton, alleging ten (10) cause of action sounding in (1) Negligence, (2) Inverse Condemnation; (3) Public Nuisance; (4) Private Nuisance; (5) Premises Liability; (6) P...

Excerpt: ...e; and (8) Violation of Business and Professions Code Sections 17200, et seq. On October 23, 2020, Defendants demurred to Plaintiff's Complaint. Plaintiff responded by filing the First Amended Complaint (“FAC”) on November 6, 2020, alleging the same eight (8) causes of action. On December 28, 2020, Defendants demurred to Plaintiff's FAC. On March 25, 2021, the Court sustained Defendants' Demurrer to Plaintiff's first, second, third, fourth, s...

Excerpt: ...ant TK Properties, LLC (“Defendant”) and Does 1 through 10. On May 5, 2021, Plaintiff filed a motion for order for possession. Defendant filed a notice of non- opposition on June 1, 2021. Analysis Standard for Prejudgment Possession of Property – CCP section 1255.410 provides the following: a. At the time of filing the complaint or at any time after filing the complaint and prior to entry of judgment, the plaintiff may move the court for an...

Excerpt: ...ichael A. Gertz, M.D. (“Dr. Gertz”) misrepresented that the doctor performing the medical procedure was “World Class”, that AVH was ranked as one of the top hospitals in California, and that Plaintiff would not find better care at some other hospital than he would receive at AVH. On September 21, 2020, Plaintiff filed a complaint against Defendants AVH, Dr. Eddin, and Does 1 through 25 for (1) medical malpractice, (2) intentional misrepre...

Excerpt: ...hich relates to dangerous conditions of public property. This personal injury lawsuit involves a trip and fall incident (the “Incident”) which occurred on February 19, 2019, at the Michael Antonovich Courthouse, located at 42011 4th Street West, Lancaster, California (the "Subject Property.") (See Declaration of Douglas Jacobs (“Jacobs Decl.”), Exh. 1 (the Complaint).) Specifically, the Complaint alleges the Incident was caused by a dange...

Excerpt: ...ed on common law), premises liability, Intentional Infliction of Emotional Distress (“IIED”), negligent infliction of emotional distress- bystander, and negligent infliction of emotional distress-direct victim. On April 8, 2021, this Court granted Defendants' Motion to Strike Plaintiffs' claim for punitive damages in their Fifth Cause of Action for IIED. Consequently, Plaintiffs filed their FAC May 6, 2021, including claims for punitive damag...

Excerpt: ... FACC) against various sub-contractor entities, all of which have filed cross-complaints against one another. Gundry in turn cross-complained against a number of sub-contractors, including Luis Daniel Alvarez dba Alvarez Construction, alleging the sub-contractors had performed deficiently and that they had a duty under their respective sub-contracts to defend and indemnify Gundry. 2. Discussion In City of Grand View Terrace v. Superior Court (198...

Excerpt: ... 94th Street East, which was struck on the roadway by Decedent. Plaintiffs further allege that, once Decedent fell onto the roadway, he was subsequently struck by Defendant Oscar Anibal Amaya (“Mr. Amaya”), driving a 1998 Toyota Sienna, who was travelling in the same direction as Decedent. On February 24, 2020, Plaintiffs the Estate of Bradley Charles St. John and Rosa St. John, Decedent's wife, (collectively “Plaintiffs”) filed their Com...

Excerpt: ... 94th Street East, which was struck on the roadway by Decedent. Plaintiffs further allege that, once Decedent fell onto the roadway, he was subsequently struck by Defendant Oscar Anibal Amaya (“Mr. Amaya”), driving a 1998 Toyota Sienna, who was travelling in the same direction as Decedent. On February 24, 2020, Plaintiffs the Estate of Bradley Charles St. John and Rosa St. John, Decedent's wife, (collectively “Plaintiffs”) filed their Com...

Excerpt: ...nal distress; 8. Sexual harassment (Civ. Code ¶ 51.9); 9. Sexual harassment and abuse in educational setting (Edu. Code ¶ 220); 10. Breach of fiduciary duty; and 11. Public entity liability for failure to perform mandatory duty (Edu. Code §§ 200, 201; Civ. Code § 51.9; Title IX 20 U.S.C. § 1681). Plaintiff alleges the following. Plaintiff was a minor, aged 14 years old, in or about 2004-2005, when she was openly groomed for sexual abuse on ...

Excerpt: ... instrument (Civ. Code § 3412); 3) quiet title; 4) violation of Civil Code § 2924, subdivision (f); 5) violation of Civil Code § 2923.5; 6) unfair business practices; and 7) injunctive relief. Wells Fargo recently demurred to the Complaint, and on June 1, 2021, the demurrer was sustained in its entirety with 30 days' leave to amend. DRI Holdings also demurred to the Complaint, and on June 22, 2021, the demurrer was sustained in its entirety wi...

Excerpt: ...t Uber Technologies, Inc. (“Uber”), forcefully struck Decedent, sending him flying into the air. Plaintiff alleges Defendant Denisse was tired, driving at an unsafe speed for the road conditions, under the influence of alcohol, and paying attention to the Uber application's GPS on her phone instead of the road when she struck Decedent with her vehicle. On January 11, 2021, Plaintiff filed a complaint against Defendants Uber, Denisse, and Jaso...

Excerpt: ...n severe injuries to Plaintiff. On February 26, 2021, Plaintiff, who is self-represented, commenced this action by filing two complaints, one form complaint on a Judicial Council of California form (“Form Complaint”) and another non-form complaint (“Complaint for Damages”) that is 20 pages long without exhibits. The Form Complaint is on Form PLD-PI-001 and has two causes of action for intentional tort. The Complaint for Damages has four c...

Excerpt: ...n, Dr. Vaghjiani, and Dr. Tuso for gross negligence, breach of contract, and wrongful death. On October 30, 2019, Plaintiff filed a First Amended Complaint, adding Bernard Tyson and Patrick Cornpial as defendants. On July 16, 2020, the Court granted Dr. Farahdel, Dr. Tuso, Dr. Ahmed, and Dr. Vaghjiani's motion to compel arbitration. On October 16, 2020, at the case management conference, the Court granted the request to correct Dr. Ahmed's name t...

Excerpt: ...inst Defendant Brunswick Corporation on December 22, 2020. The Complaint asserts causes of action for (1) breach of implied warranty of merchantability under the Song-Beverly Warranty Act; (2) breach of express warranty of merchantability under the Song-Beverly Warranty Act; (3) breach of express warranty under the Magnuson-Moss Warranty Act; and (4) breach of implied warranty of merchantability under the Magnuson-Moss Warranty Act. The facts und...

Excerpt: ...; Wilmington Trust, National Association, solely as Trustee of the MFRA Trust 2016-1 (Wilmington); Barrett Daffin Frappier Reder & Weiss LLP; DRI Holdings, LLC (Barrett Daffin); and all unknown property claimants, setting forth claims for 1) wrongful foreclosure; 2) cancellation of instrument (Civ. Code § 3412); 3) quiet title; 4) violation of Civil Code § 2924, subdivision (f); 5) violation of Civil Code § 2923.5; and 6) injunctive relief. We...