Excerpt: ...(“Defendant”) for breach of contract. Plaintiff now applies for a writ of attachment in the amount of $303,610.12, which comprises the balance owed across three accounts Defendant allegedly maintained with Plaintiff. Defendant opposes the application and Plaintiff replies. ANALYSIS: I. LEGAL STANDARD Writ of Attachment Code of Civil Procedure (“C.C.P.”) § 484.010 provides “Upon the filing of the complaint or at any time thereafter, the...

Excerpt: ... to practice in New York and is in this action pro per. Plaintiff alleges these companies and persons incorporated details of her life into several dozen motion pictures and television shows over the period of several decades without her permission. Before the Court now is an anti-SLAPP motion brought by defendant Harvey Weinstein (“Weinstein”). Plaintiff asserts 10 total causes for (1) Conspiracy to Commit or Violation of New York Civil Righ...

Excerpt: ... online moniker “Cardporn”. Plaintiffs run a sports trading card business and allege that Instagram Cardporn has repeatedly defamed Plaintiffs online. Specifically, Plaintiffs allege Cardporn has made false accusations that Plaintiffs' Upper Deck Lebron James rookie card is fake. On February 7, 2023, this Court granted Plaintiffs' ex parte application for leave to serve a deposition subpoena on nonparty Meta Platforms, Inc., the owner and ope...

Excerpt: ...ng the Court open an underinsured motorist discovery case so a motion to compel discovery responses could be filed pursuant to the authority conferred by California Insurance Code, § 11580.2(f)(1). The Defendant in the matter is Carlos Cruz (“Defendant”). On March 24, 2023, the Court granted Plaintiff's petition. On April 14, 2023, the Court granted Plaintiff's motion to compel discovery responses propounded on Defendant on November 14, 2022...

Excerpt: ...tor Company (“Western”), and True Heat Solutions (“True Heat”) (collectively “Defendants”). True Heat is alleged to have served as the subcontractor for Western and Rentokil in servicing the Plaintiff's home to eliminate pests. Plaintiff alleges Defendants were negligent in treating her property for pests, causing her eventual injury from pesticides. On September 9, 2021, Plaintiff filed her Third Amended Complaint (“TAC”). The TA...

Excerpt: ...usting (“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 an initial contract whereby Counterpoint would assess insurance claims on Plaintiff's property. Plaintiff asserts that, pursuant to that agreement, Counterpoint was to hold money received f...

Excerpt: ... and claim and delivery as related to the sale and financing of an automobile. On July 7, 2023, default was entered against Defendants. Moving Parties now seek to set aside the default pursuant to Code of Civil Procedure §§ 473(b). HISTORY: On May 5, 2023, Plaintiff filed the above-captioned Complaint in this court. Plaintiff first filed their Proof of Service of Summons on June 1, 2023. Plaintiff reports that Defendant was served through subst...

Excerpt: ...ealty, Samara Saffian, Nick Tatone, and Elmwood Condominium Homeowners Association (collectively “Defendants”). Plaintiff alleges Adriana and Tania Cappellari negligently sold her property which was subject to water damage despite representations to the opposite. Rodeo Realty, Samara Saffian, and Nick Tatone (“Moving Parties”) now move to strike portions of the claim which seek attorneys' fees. HISTORY: On July 17, 2023, Moving Parties fi...

Excerpt: ...al Management Group (collectively “Defendants”) in connection with an incident in which Plaintiff's property was allegedly damaged from a water leak. The Complaint contains causes of action for (1) Negligence and (2) Premises Liability. On April 12, 2023, default was entered against JH Roofing and Yea Sook Jang (“Moving Parties”). Moving Parties now seek to set aside the default pursuant to Code of Civil Procedure §§ 473(b). HISTORY: On...

Excerpt: ...s of Flintridge Riding Club. As a result, Plaintiffs allege they have suffered mentally and emotionally as children and have continued to suffer severe emotional distress since. Plaintiff's Prayer for Relief alleges past, present, and future general damages and special damages. Defendant United State Equestrian Federation, Inc. (“USEF”) now moves to compel further responses from both Plaintiffs to its Special Interrogatories. HISTORY: On July...

Excerpt: ...ion of the Song Beverly Act. The Complaint alleges five causes of action for (1) Violation of the Song-Beverly Act– Breach of Express Warranty and (2) Violation of the Song-Beverly Act–Breach of Implied Warranty. Plaintiff now moves to compel further responses to her Request for the Production of Documents (“RFPD”). HISTORY: On June 16, 2023, Plaintiff filed her motion to compel further production. On July 28, 2023, Honda filed its opposi...

Excerpt: ...015 and 2017. On December 30, 2022 Plaintiff filed her First Amended Complaint (“FAC”) containing causes of action for (1) Breach of Contract, (2) Common Counts, and (3) Fraud. Defendant filed an answer which Plaintiff moved to strike for lack of verification. Plaintiff additionally demurred to the Answer, arguing that Defendant's affirmative defenses were uncertain and unsupported by sufficient factual allegations. The Court granted the moti...

Excerpt: ...ught this action against Frank Johnny Moreno (Defendant) in connection with an alleged motor vehicle accident. Defendant has answered and demanded jury trial. Plaintiffs were previously represented by counsel, however a motion to relieve was granted on May 19, 2023. Defendant now seeks to compel responses to his discovery requests issued to both Plaintiffs. HISTORY: On July 10, 2023, Defendant filed motions to compel responses to his Form Interro...

Excerpt: ...client money while serving as office manager for Plaintiff's dental practice. Plaintiff's C o m p l a i n t s t a t e s f i v e ( 5 ) c a u s e s o f a c t i o n f o r : (1) Fraud, (2) Conversion, (3) Breach of Implied Covenant of Good Faith and Fair Dealing, (4) Civil Extortion, and (5) Unfair Competition. Plaintiff now moves for summary adjudication as to the causes of action for Fraud and Conversion. Plaintiff also requests the Court enter jud...

Excerpt: ...ompanies and personalities. Plaintiff is an attorney and is in this action pro per. Plaintiff alleges these companies and persons incorporated details of her life into several dozen motion pictures and television shows over the period of several decades without her permission. Before the Court now are four anti-SLAPP motions brought by the following defendants. Miramax Film, LLC F/K/A Miramax Film Corp. and Miramax, LLC (“Miramax”) Lions Gate...

Excerpt: ...Defendants) ALLEGATIONS/HISTORY: Cheung Edwin Ling, as successor in interest for Min Ling (“decedent”) and individually (“Plaintiffs”) filed the instant action against Santa Anita Convalescent Hospital & Retirement Center Golden State Health Centers Inc., Sun Sylvia Ling, and Does 1 through 100 on January 20, 2023, alleging causes of action for: (1) Elder Abuse and Neglect, (2) Violation of Residents' Bill of Rights, (3) Negligence, and (...

Excerpt: ...�), Calvin Tahmasebi (“Calvin”), a minor by and through his guardian ad litem Carmen Calusian, and Kevin Tahmasebi (“Kevin”) (collectively “Plaintiffs”) filed suit against Gohar Karen Amirkhanyan and Alpine Meadows Homeowners Association (“Alpine”) (collectively “Defendants”) in connection with a condominium residential fire on April 13, 2020, located at 8786 ½ Wyngate Street in Sunland, California 91040 (“Subject Property�...

Excerpt: ...d Coco's Restaurants, LLC (“Coco's”) (collectively “Defendants”) for alleged non-payment of commercial rent. The Complaint states a cause of action against each Jojos and Cocos for (1) breach of contract guaranty and (2) account stated. Plaintiff now moves for judgment on the pleadings, primarily on grounds that the Court issued an order deeming Request for Admissions (“RFA”) matters admitted as to Jojos and Cocos on February 12, 2023...

Excerpt: ... commonly described as 5317 Cahuenga Blvd Unit D, North Hollywood, CA 91601 (“Property”) by foreclosure Trustee Western Progressive, LLC (“Western”). The original lenders were John K. Connors and Mary Catherine Connors. A trustee's sale took place on March 15, 2022. The total sale price of the Property was $328,500. There was a surplus in the amount of $104,602.68, after the sale was finalized and the DOT paid off. Claimant Cahuenga Garde...

Excerpt: ...R”), and L.B. Stites (“Stites”) (“collectively “Plaintiffs”) bring this action against Matt Flynn, Bill Gomez, Jerry Paredes, John Grubaugh, and State Farm General Insurance Company (“State Farm”) (collectively “Defendants”). Plaintiffs claim Defendants refused to issue assistance pursuant to an alleged homeowners insurance policy issued by State Farm. On April 27, 2023, this Court granted Miller's application for appointment ...

Excerpt: ... Property Management, Inc. (“Defendants”). The Compliant contains six causes of action: (1) Breach of Warranty of Habitability, (2) Breach of Quiet Enjoyment, (3) Violation of LARSO, (4) Violation of Business and Professions Code § 17200, (5) Negligent Maintenance of Premises, and (5) Intentional Infliction of Emotional Distress. SC26 III, LLC, Alon Abady, and Power Property Management, Inc. (“Moving Parties”) now move to compel Plaintif...

Excerpt: .... (“La Kaffa”) and Henry Wang (“Wang”), as well as several other parties. Wang is a resident of Taiwan where he operates La Kaffa. Plaintiffs allege Wang and La Kaffa conspired with parties in the U.S. to sell Leung a Bake Code franchise which did not exist with the promise that Leung would receive an EB-5 Visa. Plaintiffs' action seek restitution for the investment made into the nonexistent franchise. La Kaffa and Wang now move to quash ...

Excerpt: ...y (“Decedent”) against KSM Healthcare, Inc. dba Drier's Nursing Care Center (“Defendant”). On August 19, 2022, Plaintiff's motion for leave to file a Second Amended Complaint (“SAC”) was granted. On August 29, 2022, Plaintiff filed her SAC. On September 28, 2022, Defendant filed a demurrer and motion to strike to the SAC. On November 4, 2022, the Court sustained the demurer with leave to amend. As such, the motion to strike was remove...

Excerpt: ... (collectively “Defendants”) in connection with injuries sustained at Defendants' hotel. Specifically, Plaintiff claims that she and her daughter was injured by a treadmill in the hotel gym on July 21, 2021. Plaintiff is in pro per. Hollywood Stay now demurs to the entirety of Plaintiff's Complaint on grounds of uncertainty. Hollywood Stay argues Plaintiff has not pled or identified any causes of action, HISTORY: On March 08, 2023, Hollywood ...

Excerpt: ...n February 25, 2021 Defendant sold him a certified pre-owned 2017 Cadillac Escalade (“Subject Vehicle”). The Subject Vehicle contained a defective transmission (“Transmission Defect”). Plaintiff's First Amended Complaint (“FAC”) contains four causes of action (1) Violation of Song-Beverly Act- Breach of Express Warranty, (2) Violation of Song-Beverly Act- Breach of Implied Warranty, (3) Violation of Song- Beverly Act Section 1793.2, a...

Excerpt: ...co Rodriguez (“Rodriguez”; collectively “Plaintiffs”) brought this negligence action against Isrrael Villalba-Villanueva (“Defendant”). Plaintiffs seek damages incurred from a collision they allege Defendant caused on March 19, 2022. Plaintiffs allege they were turning in an intersection when Defendant ran a red light and collided with them. HISTORY: On April 26, 2023, Plaintiffs filed their motions to compel responses to their Form I...

Excerpt: ... Coachella Management Partners, LLC was liable for damages incurred by Patricia Healy (“Healy”), Andrea Lui (“Lui”), Juan Godinez (“Godinez”), and Sarah McLean (“McClean”) (collectively “Plaintiffs”) resulting from the improper removal of a wooden structure on Coachella's property. Moving Parties now move for setoff pursuant to Code of Civil Procedure (“C.C.P.”) § 877. Moving Parties ask the Court for an order that trial ...

Excerpt: ...injured when a rented electric scooter malfunctioned. Plaintiff moves to compel further responses to his Special Interrogatories (Set Two), and Requests for the Production of Document (“RFPD”) (Set Two). HISTORY: On October 7, 2022, Plaintiff filed his motions to compel further responses. On March 17, 2023, this case was subsequently transferred to an independent calendar court. On March 29, 2023, the case was transferred once more to this Co...

Excerpt: ...im from 2015 to 2017. On December 30, 2022 Plaintiff filed her First Amended Complaint (“FAC”) containing causes of action for (1) Breach of Contract, (2) Common Counts, and (3) Fraud. Defendant answered and Plaintiff now demurs on grounds that Defendant's affirmative defenses do not allege sufficient facts. HISTORY: On December 30, 2022, Plaintiff filed her FAC. On January 30, 2023, Defendant filed his Answer to the FAC. On March 13, 2023, P...

Excerpt: ...ushman & Wakefield, Noho Commons Pacific Owner, LLC (collectively “Defendants”) in connection with an incident in which Plaintiff's property was allegedly destroyed. The Complaint contains causes of action for (1) Negligence, (2) Conversion, and (3) Violations of California Rev. & Tax Code § 23301. On April 2, 2023, default was entered against Polaris. Polaris now moves to set aside the default pursuant to Code of Civil Procedure §§ 473(b)...

Excerpt: ...“Carrillo”), individually and as successor-in-interest to and on behalf of Martha Cuellar (“Decedent”) (collectively, “Plaintiffs”) filed suit against Sunland SNF, LLC dba The Hills Healthcare Center; Citrus Administrative Services Inc. (collectively “Defendants”), alleging Decedent received substandard care as a resident at Defendants' nursing facility. On February 22, 2023, Plaintiffs filed a Complaint alleging four causes of ac...

Excerpt: ...fendant asserting causes of action under the Private Attorney General Act (“PAGA”) for failure to pay wages, to provide rest periods, and to timely pay wages due at separation. The current Motion for Order of Approval of PAGA Settlement was filed on June, 18, 2023. No opposition was filed. REQUESTED RELIEF: Defendant requests an Order and Judgment preliminarily approving the parties PAGA Settlement. ANALYSIS: I. LEGAL STANDARD Under Labor Cod...

Excerpt: ...filed by Jaime Nicole Baca (“Plaintiff”). On April 18, 2023, judgement was entered for Defendant and against Plaintiff. Plaintiff now moves for a new trial on the following grounds: 1. Irregularity in the proceedings of the court (Code of Civ. Procedure § 657); 2. Improper orders of the court (Id.); and 3. The evidence was insufficient to justify the verdict (Id.); On May 12, 2023, Plaintiff filed her motion for a new trial. On May 26, 2023,...

Excerpt: ...nagement, Inc., a California Corporation (“CMBM”); and Deepest Inner Core, Inc., a California Corporation (“DIC”, and collectively, "Plaintiffs") filed suit against West Coast Urgent Care Clinics, Inc., a California Corporation (“WCUC”); Sona Sirounian (“Sirounian”); Brigeli Westerband (“Westerband”); and Vahe Gyulnazaryan (“Gyulnazaryan”, and collectively, “Defendants”). Plaintiffs allege that Dr. Tigran Garabedyan (�...

Excerpt: ...��), City of Arcadia (“Arcadia”), and James O'Brien (“O'Brien”) (collectively, “Defendants”), alleging that O'Brien harassed and assaulted Plaintiff over the course of several weeks in 2019. Plaintiff filed a Third Amended Complaint (“3AC”) on December 13, 2022, alleging six causes of action: (1) Negligence; (2) Battery (against O'Brien only); (3) Assault (against O'Brien only); (4) Intentional Infliction of Emotional Distress; (5...

Excerpt: ...s negligent in her care and in the supervision of a third-party patient who attacked Plaintiff while she was a patient at Defendant's hospital. Plaintiff moves to compel further responses to her Request for Admissions (“RFA”) (Set Two), Form Interrogatories (Set Three), and Special Interrogatories (Set Three). HISTORY: On May 9, 2023, Plaintiff filed her motions to compel further responses to RFA and Form Interrogatories. On May 24, 2023, Def...

Excerpt: ...es, Inc. (“Star”), and A and M Construction, Inc. (“A&M”) (collectively “Defendants”) alleging Defendants failed to repay various loans made by Plaintiff. The Complaint contains causes of action for (1) Breach of Contract (as to Semerjian and Star), (2) Breach of Contract (as to A&M), and (3) Common Counts (as to Star). Defendants now demur to each cause of action in the Complaint. HISTORY: On February 23, 2023, Defendants filed their...

Excerpt: ...ehicle. Specifically, Plaintiffs claim Defendant sold them a 2017 Chevrolet Silverado (“Vehicle”) which contained a defective transmission (“Transmission Defect”). Plaintiffs' Complaint contains four causes of action: (1) Violation of Song-Beverly Act-Breach of Express Warranty, (2) Violation of Song-Beverly Act - Breach of Implied Warranty, (3) Violation of Song-Beverly Act § 1793.2, and (4) Fraudulent Inducement-Concealment. Defendant ...

Excerpt: ...ren Amirkhanyan (“Amirkhanyan”) and Alpine Meadows Homeowners Association aka Alpine Meadows HOA (“Alpine”). The action arises out of a fire that took place in a townhouse owned by Amirkhanyan and rented by Plaintiffs. Farmers Insurance Exchange (“Farmers”), a non-party, now moves to quash two deposition subpoenas served upon them by Plaintiffs. HISTORY: On May 5, 2023, Farmers filed its Motion to Quash Deposition Subpoenas. On May 26...

Excerpt: ...�Defendants”) . Also on May 2, 2023, Defendants submitted their memorandum of costs (“MOC”). Plaintiff now moves to tax two categories of costs he claims are impermissible under Code of Civil Procedure (“C.C.P.”) § 1033.5. HISTORY: On May 15, 2023, Plaintiff filed his motion to tax costs. On May 24, 2023, Defendants filed their opposition. On May 31, 2023, Plaintiff filed his reply. ANALYSIS: I. LEGAL STANDARD “‘The right to recove...

Excerpt: ...nts") alleging Defendants failed to soundproof the floors in Plaintiffs property- in violation of Plaintiffs quiet en]oyment. On February 16, 2023, default was entered against Laurel Canyon. Laurel Canyon now moves to set aside the default pursuant to Code of Civil Procedure SS 473(b) & 425.110. HISTORY: On March 30, 2023, Laurel Canyon filed this motion to set aside default judgment. On April 3, 2023 Plaintiff filed his opposition and request fo...

Excerpt: ...ncture treatment was negligent and thereby caused her to suffer a collapsed lung. On September 22, 2020, Plaintiff filed her Complaint containing a single cause of action for negligence (acupuncture malpractice). Defendant now moves for summary judgment of the Complaint. Plaintiff opposes the motion and Defendant replies. EVIDENTIARY OBJECTIONS: Plaintiffs evidentiary objections Nos. 1, 2, 5, 6, 7 are SUSTAINED. Plaintiffs remaining evidentiary o...

Excerpt: ...) filed suit against Scott Amin Sheikh and The Sheikh Law Firm APC (collectively "Defendants") alleging Defendants failed to adequately represent them in prior legal matters. The First Amended Complaint ("PAC") contams causes of action for (1) Negligence (Legal Malpractice), (2) Breach of Fiduciary Duty, and (3) Breach of Contract. Defendants now demurs to each cause of action in the Complaint HISTORY: On March 13, 2023, Defendants filed their de...

Excerpt: .... Plaintiff contends she purchased a homeowners insurance policy ("Policy") from Defendants prior to April 7, 2018 that covered her pets. (SAC 6, 7.) Plaintiff asserts that on April 7, 2018, Plaintiffs dog escaped the property and subsequently bit Lode Margolis ("Margolis") who sustained substantial injuty. (SAC 9.) Plaintiff believes that these injuries were a covered loss under the Policy. Plamtiff filed her initial Complaint on December 15, 20...

Excerpt: ...adia Jean Fakoory, M.D. ("Fakoory/') in the emergency department of Providence St. Joseph Medical Center (hereinafter "ED"). On July 6, 2021, Plaintiffs filed a complaint against Fakoory, Providence Health System-Southern California dba Providence St. Joseph Medical Center erroneously sued as Providence St. Joseph Med Ctr ("Providence"), Woody Herman Jackson, M.D. ("Jackson"), Robin Solymanijam, M.D. ("Solymanijam"), Karo K Arzoo, M.D. ("Arzoo"),...

Excerpt: ...ll") (collectively "Defendants"). Plaintiff seeks approximately $36,300 in unpaid rent pursuant to a lease agreement for the propergr located at 11170 Agua Vista Street Studio City, CA 91602. Defendants are both in pro per. Plamtiff now moves for summary judgment. HISTORY: On May 11, 2023, Plaintiff filed its motion for summary judgment. On May 19, 2023, Defendants filed their opposition. ANALYSIS: LEGAL STANDARD A party may move for summary judg...

Excerpt: ...alleging several causes of action arising from his employment with Defendant. Plaintiff filed a First Amended Complaint ("FAC") on December 7, 2022 containing eight causes of action: (1) (2) (3) (4) (5) (6) (7) (8) HISTORY: Failure to Provide Meal Breaks (California Labor Code 226.7 & 512 (a)); Failure to Provide Rest Breaks (California Labor Code S 226.7); Failure to Provide Accurate, Itemized Wage Statements (California Labor Code S226); Waitin...

Excerpt: ... claims Defendant sold him a car which contamed a defective sensor ("Sensor Defect"). Plaintiffs Complaint contains fivo causes of action for (1) Violation of Song-Beverly Act-Breach of Express Warranty and (2) Fraudulent Inducement- Concealment Defendant now demurs to the second cause of action for Concealment on grounds Plaintiff has not pled sufficient facts to establish his claim. Defendant also moves to strike those portions ofthe complaintw...

Excerpt: ...cause of action for wrongful use of civil proceedings. Plaintiff claims that Scuderi and his attorney Sullivan filed a baseless civil lawsuit in February of 2019. Plaintiff further claims that Scuderi and Sullivan filed this prior suit intending to prevent Plaintiff from collecting upon a small claims court judgment. Scuderi and Sullivan both move to strike the complaint as a Strategic Lawsuit Against Public Participation ("SLAPP"). HISTORY: On J...

Excerpt: ...ock Avenue, Unit 1, Studio City, CA 91604. Defendant has answered and is in pro per. HISTORY: On April 1, 2023, Plaintiff filed motions to compel responses to his Form Interrogatories, Special Interrogatories, Requests for Production of Documents ("RFPD"), and Request for Admissions ("RFA"). No oppositions were filed. RELIEF REQUESTED: Plaintiff requests the Court issue an order compelling Defendant to respond to his Form Interrogatories, Special...