Excerpt: ...point Public Adjusting (“Counterpoint”), Gary Baca (“Baca”), Victor Cuahutemoc Pena (“Pena”), and Vic's Restoration & Construction (“Vic's) (collectively “Defendants”). Plaintiff alleges a series of contracts between himself and Defendants. Plaintiff alleges a first contract whereby Counterpoint would assess insurance claims on Plaintiff's property. Plaintiff alleges that pursuant to that agreement, Counterpoint was to hold mone...

Excerpt: ... HISTORY: The Court received the Demurrer and Motion to Strike filed by Baker on December 13, 2022; the opposition filed by Essex on January 20, 2023; and the reply filed by Baker on January 26, 2023. RELIEF REQUESTED: Baker demurs to the entire Complaint. ANALYSIS: Demurrer I. LEGAL STANDARD The grounds for a demurrer must appear on the face of the pleading or from judicially noticeable matters. (C.C.P. § 430.30(a); Blank v. Kirwan (1985) 39 Ca...

Excerpt: ...filed a Motion for Attorneys' Fees and Costs totaling $140,930.10 pursuant to Civil Code §1717 and Code of Civil Procedure §1032. Defendants argue that they are entitled to attorney's fees under the broad terms of the Residential Purchase and Sale Agreement, specifically Clause 22 – the same clause upon which the Plaintiff relied to obtain the original attorney's fees award. In July 2001, Defendant Jan Slort purchased real property from Plain...

Excerpt: ...its employee Paul Capraro (“Defendants”) for alleged wrongful termination. Plaintiff filed his first amended complaint (“FAC”) on May 7, 2019. Following the Court's September 30, 2019 ruling sustaining the demurrer to the FAC, with leave to amend, Plaintiff filed the operative second amended complaint (“SAC”) on October 10, 2019. Plaintiff now moves for leave to amend the SAC and file a proposed third amended complaint (“TAC”). De...

Excerpt: ...endant”), alleging that Defendant failed to comply with the statutory requirements when Plaintiffs applied for housing at Defendant's property. Plaintiffs allege that Defendant improperly procured consumer reports pertaining to Plaintiffs and that Plaintiffs were harmed as such. Plaintiffs filed the Complaint on September 15, 2022 alleging three causes of action: (1) violation of the Investigative Consumer Reporting Agencies Act (“ICRAA”); ...

Excerpt: ... defendants 11601 Ventura Blvd., LLC (“11601 Ventura”) and 22456 Ventura Blvd., LLC (“22456 Ventura”) (collectively, “Special Defendants”). Also named as a defendant is Pierre Moeini (“Moeini”). Plaintiff alleges that Special Defendants are the alter ego of Moeini, as Moeini is the sole member of the companies. Plaintiff alleges causes of action against Moeini and Special Defendants for: (1) Fraud; (2) Negligent Misrepresentation;...

Excerpt: ...ch of contract from Mustapha Baha (“Defendant”). Plaintiff alleges Defendant was a member of Pasadena Angels, an investment firm. (Second Amended Complaint (“SAC”) ¶ 16.) Plaintiff interviewed with Pasadena Angels to discuss a business proposal. (SAC ¶ 16.) Defendant invited her to discuss the proposal at his “home office.” (SAC ¶ 16.) Plaintiff alleges Defendant forcefully threw himself onto her and promised to invest in her compa...

Excerpt: ...ry Insurance Group (“MIG”) (collectively, “Defendants”). Plaintiff contends she purchased a homeowner's insurance policy (“Policy”) from Defendants prior to April 7, 2018 that covered her pets. (SAC ¶¶6, 7.) Plaintiff asserts that on April 7, 2018, Plaintiff's dog escaped the property and subsequently bit Lode Margolis who sustained substantial injury. (SAC ¶9.) Plaintiff believes that these injuries were a covered loss under the P...

Excerpt: ...Ventures (“Kanab”) and Iman Azad (“Azad”) (collectively “Judgment Debtors”) alleging breach of contract and fraud. Following Defendants' failure to file a responsive pleading, on March 4, 2020, the Court entered default judgment in favor of Judgment Creditor in the amount of $56,855.27. On January 14, 2022, Plaintiff filed, and the Court granted, a motion requesting an Order of Assignment of Azad's interest in Blue Star Services Group...

Excerpt: ...n or about October 22, 2996, Bertila Monroy (a/k/a Bertila Monroy Ramos) (“Monroy”) purchased a home with her daughter, Nora Vnoucsek. (FAC ¶12). Both were on title to the property. (Id.). Around February 28, 2006, Monroy refinanced the subject property, and in doing so advised Plaintiff N. Vnoucsek that it was best for the refinancing if only Monroy was on title. This would result in a better interest rate. (FAC ¶13). Plaintiff N. Vnoucsek...

Excerpt: ...ff”) brought this action against Glendale I Mall Associates, LP (“GMA”), asserting causes of action for: (1) Premises Liability and (2) General Negligence. Plaintiff alleges she sustained personal injuries at the Glendale Galleria shopping mall owned by GMA because a metal door frame piece fell on her. On October 16, 2020, GMA filed a Cross-Complaint against VCC Construction Corp. ("VCC"), RPG Enterprises ("RPG"), and T.J.M. Glazing, Inc. (...

Excerpt: ...st Defendants Lujuan Lietzke, Lujuan Lietzke as Trustee of the Lietzke Family Trust (“The Trust”), and PRC Management Services, Inc. (collectively “Defendants”), alleging that Plaintiffs are tenants of 370 W. Alameda Avenue, #205, Burbank. California 91506 (“Subject Property”). The Subject Property is alleged to be owned, managed, and controlled by Defendants. Plaintiffs allege that Defendants had notice of, and failed to remedy, subs...

Excerpt: ..., alleging Defendants violated various Labor Code sections during Plaintiff's employment from June 21, 2010 to August 17, 2021. The alleged violations include, failing to pay Plaintiff wages earned and failure to provide proper pay stubs. Plaintiff's September 20, 2021 Complaint alleges five causes of action: (1) Failure to Pay Wages; (2) Pay- Stub Violations; (3) Waiting Time Penalties; (4) Unfair Business Practices; and (5) Fraud. Plaintiff fil...

Excerpt: ...d suit against Richard Diament (“Diament”) and Elite Auto Parts (“Elite”) (collectively, "Defendants"). Plaintiff asserts his employment with Elite was terminated without warning, and that Diament was his supervisor. (Compl. ¶¶ 23, 26, 28.) Plaintiff alleges that he is owed pay for his final day of work, for breaks he was denied and overtime that he worked. (Compl. ¶ 32.) Plaintiff further alleges that Diament orally agreed to auto ded...

Excerpt: ...nd her Requests for Admissions, Set 2. (SI‐Notice of Motion, pg. 2; RFA‐ Notice of Motion, pg. 2.) ALLEGATIONS: The instant action arises from Jamie Nicole Baca's (“Plaintiff”) allegations that she was subjected to sexual harassment, a forceful sexual assault, fraud, and breach of contract from the wrongful conduct of Pasadena Angels, Inc. (“Pasadena Angels”) and Kristen Hiibner (“Hiibner”). Plaintiff alleges that Mustapha Baha (�...

Excerpt: ...ts”), alleging one cause of action for violations of the Unruh Civil Rights Act, California Civil Rights Code Section 51 et seq. Plaintiff is an individual with a mobile disability who relies on a wheelchair. Plaintiff's complaint alleges that on June 28, 2022, he visited Mike's Liquor, which is located on commercial property owned by Cassy Chun and Sandy Soo Chun. According to Plaintiff, the Defendants' property lacked several legally-required...

Excerpt: ...previously rejected the filings of the parties as not being consistent with Rule 3.1113. The parties were provided an opportunity to provide code compliant motions. The matter was continued as the parties had not filed code compliant motions and responses. The parties were instructed to file code compliant documents and adhere to the page limits pursuant to the Rules of Court (Court's Minute Order dated December 2, 2022). The matter was continued...

Excerpt: ...e Fraudulent Transfer and (2) Conspiracy. (Complaint, pg. 1.) Plaintiff alleges in the Complaint that there was a separate Unlawful Detainer lawsuit in which Azim failed to pay monthly rent, real estate taxes, and insurance as well as abandoned Plaintiff's leased premises at 11608-11610 Ventura Blvd., Studio City, California 91604. (Complaint, ¶¶9-10.) Plaintiff alleges that prior to signing the lease with Plaintiff, Azim was the owner and in p...

Excerpt: ... Kralovic (“Kralovic”) and Pattie Broom (“Broom”, and together, “Defendants”), alleging that Plaintiff is a resident and tenant in the real property located at 7543 Valaho Drive, Los Angeles, California 91042 (“Subject Property”), which is owned by Kralovic. Plaintiff alleges that Defendants had notice of, and failed to remedy, substantial habitability issues, and retaliated against Plaintiff's complaints. Plaintiff filed a Compla...

Excerpt: ...Ltd; Pierre Moeini; and Golriz Moeini (“Defendants”), alleging Defendants defaulted on a loan transaction by and between Plaintiff, Jasmine Sadjadian (“Jasmine”) and Defendants. Following judgment in Jasmine's favor, Plaintiff now purportedly seeks to enforce its own rights under the loan by filing the instant suit. Plaintiff filed its initial Complaint on February 19, 2019, and later filed a First Amended Complaint (“FAC”) on April 2...

Excerpt: ...using Scratch Services, LLC ("Scratch") (and collectively, "Defendants") as a payment processor on September 6, 2019, and Defendants breached the agreement. Plaintiff filed a Complaint on May 8, 2020, and a First Amended Complaint ("FAC") on May 13, 2020, alleging fourteen (14) causes of action sounding in: (1) Bill Quia Timet; (2) Determination of Adverse Claims (CCP § 1050); (3) Negligence (against BlockFi); (4) Cal. Com. Code § 9207(b)(4) (a...

Excerpt: ...tiff Willia D. Osby (Willia). Plaintiff Willia D. Osby brings this action as Successor in Interest to Frank K. Osby. Defendant moves to strike portions of the SAC as follows: 1. At page 7, lines 9-10, as follows: “Decedent is entitled to punitive damages in an amount to be determined according to proof." 2. At page 7, line 16, in its entirety, as follows:" 2. Punitive damages according to proof under California Civil Code section 3294." 3. At p...

Excerpt: ...ily Trust (“PF Trust”) and David Pinchuk Family Trust (“DPF Trust”) (“Plaintiff”). ALLEGATIONS: On August 30, 2022, Plaintiff filed an unlawful detainer complaint against Defendant. Plaintiff alleges he owns the commercial property located at 10922 Vanowen Street, North Hollywood, CA (“Property”), and on or about December 1, 1982, Jeff, Hayat, Ibraim and Adnan Muchamel (collectively, “Tenants”) signed a five-year lease of the ...

Excerpt: ... and Graciela Castro (“Plaintiffs”) filed suit against Kevin Suk, M.D., Tom S. Chang M.D., Inc. dba Retina Institute of California, Michael Samuel M.D., Inc. dba Retina Institute of California (collectively, “Retina Institute Defendants”), as well as San Gabriel Ambulatory Surgery Center, L.P. (“Defendant SGASC”) (collectively, “Defendants”), alleging Defendants negligently operated on Plaintiff Juan Castro's left eye which result...

Excerpt: ...n their home on March 9, 2012, under a three (3) month lease. Plaintiffs allege, on or about June 26, 2012, they gave notice to Defendant that Plaintiffs were terminating her tenancy. After the termination of Defendant's tenancy, Plaintiffs initiated an unlawful detainer action to evict Defendant from Plaintiffs' residential home. Pursuant to the unlawful detainer action, Defendant was ordered removed and evicted from Plaintiffs' house on May 10,...