Excerpt: ...nted Defendant's motion for judgment on the pleading as to the first, second, third, fifth, and sixth causes of action as they were barred by res judicata because an earlier action on the same claims and issues were dismissed with prejudice (19CMCV00072 Jarvis Martin v. Samuel Martin, Jr.) On August 5, 2022, Defendant moved for judgment on the pleading on Plaintiff Anthony's claim for conversion for the alleged refusal to return Anthony's persona...

Excerpt: ... the benefit of all parties. Plaintiff alleges claims for partition, for an accounting, partnership dissolution, constructive trust, breach of fiduciary duty, and waste. On March 4, 2019, Defendants filed a cross‐complaint against Roland Leon for breach of fiduciary duty, accounting and for declaratory relief. On February 7, 2022, the court entered default against Cross‐Defendant/Plaintiff Roland Leon. II. ARGUMENTS A. Motion filed August 3, ...

Excerpt: ...tiff believed to be another branch of C&A. Plaintiff alleges that Defendant used C&A funds to purchase real property in Paramount, California, and took title in his own name, although Defendant represented that both parties jointly owned the property. Defendant agreed to buy out Plaintiff's share of the real property and gave Plaintiff $200,000 as a cash down payment. Defendant never paid the balance owed to Plaintiff for the Paramount real prope...

Excerpt: ...ebruary 16, 2018, pursuant to a grant deed. On October 19, 2019, Plaintiff signed a promissory note for a construction loan that was secured by a Deed of Trust in favor of LIA. Plaintiff alleges Defendants foreclosed on the property although Plaintiff repaid the loan. Plaintiff alleges claims for (1) Usury, (2) Breach of the Covenant of Good Faith and Fair Dealing, (3) Violation of Bus. & Prof. Code § 17200 (4) Wrongful Foreclosure, (5) Breach o...

Excerpt: ...endants with a three‐day and a 15‐day notice to pay rent or quit. Defendants did not comply with either notice. Defendants' motion, filed on August 2, 2022, argues that it is entitled to judgment in their favor because Plaintiff unlawfully increased the rent during the “Protected Period” established by the County of Los Angeles COVID‐19 Tenant Protections Resolution (“Resolution”). Rent increases were prohibited since March 4, 2020....

Excerpt: ...have noticed a sale for the property under the Deed of Trust for his alleged default on the promissory note. The complaint alleges Defendants violated statutory requirements for foreclosure on real property to support cancellation of instruments. On July 18, 2022, the court heard and denied Plaintiff's ex parte application as moot. According to Plaintiff, the trustee sale occurred prior the ex parte application was heard. Plaintiff, however, argu...

Excerpt: ...sale. Plaintiff alleges a claim for breach of contract and prays for consequential and compensatory damages pursuant to the Civil Code. Plaintiff has not alleged facts to support the existence of a contract, whether it was oral or written, or any of its material terms. II. II. ARGUMENTS The demurrer, filed June 13, 2022, argues that the FAC does not allege facts to support the existence of a contract or its relevant terms. Nor has Plaintiff alleg...

Excerpt: ...tion of the Bane Act, 2) negligence, 3) assault, 4) battery, and 5) intentional infliction of emotional distress. II. MOTION TO COMPEL FURTHER RESPONSE TO DEMAND FOR INSPECTION A. Motion filed on July 25, 2022 Plaintiff asks for an order to compel County of Los Angeles (“County”) to provide verified photographs of Sergeant Rene Barragan's (“Sgt. Barragan”) tattoos or to permit photographing of his tattoos as set forth in an inspection req...

Excerpt: ...d to lock the wheels to Plaintiff's hospital bed causing Plaintiff to fall and sustain injury while Defendants transferred Plaintiff from a gurney to the bed. Plaintiff alleges claims for medical malpractice, negligence, negligent supervision and retention, elder abuse, and negligent infliction of emotional distress. II. DEMURRER TO PLAINTIFF'S SECOND AMENDED COMPLAINT BY ST. FRANCIS A. Demurrer filed May 27, 2022 St. Francis demurs to the fourth...

Excerpt: ...ty, which documents Plaintiffs seek to cancel. Defendants were unauthorized to record the deeds of trust as they were not lawful beneficiaries with the power of sale. The complaint alleges claims for quiet title, financial elder abuse, cancellation of instruments, and slander of title. Plaintiffs seek a default judgment against Defendant, Strength, Inc., only. Where judgment by default is sought in a quiet title action, the court “shall in all ...

Excerpt: ...cademy. Defendant KIPP Foundation (“Foundation”) allegedly trains and develops its educators to lead its branded schools. Plaintiff allegedly suffered injury after a student attacked her with a chair. Plaintiffs allege claims for fraudulent concealment, negligent hiring and supervision, intentional infliction of emotional distress, negligent infliction of emotional distress and negligent misrepresentation. Plaintiff, Brian Gregory, asserts a ...

Excerpt: ...substantially impaired the use, value, and safety of the vehicle and failed to conform to express warranties. Defendant was unable to service or repair the vehicle after a reasonable number of attempts. Plaintiff alleges four causes of action for violations of the Song‐Beverly Consumer Warranty Act and breach of the express and implied warranty of merchantability. II. MOTION FILED JULY 7, 2022 Plaintiff requests an order to compel Defendant's f...

Excerpt: ...d and fell while walking to his seat. Plaintiff alleges claims for negligence and premises liability. On May 11, 2022, Plaintiff filed his first Motion to Quash Deposition Subpoena for Business Records directed to Federal Express Corporation (“FedEx”) scheduled to be heard on June 14, 2022. Plaintiff filed his second Motion to Quash Deposition Subpoena for Production of Business Records directed to FedEx Ground Package System, Inc., (“FedEx...

Excerpt: ...Motion filed June 8, 2022 Plaintiffs request an order to stay this action until the probate matter of Robert Hurd (“Decedent”) is resolved in Riverside County. Decedent is part owner of the real property at issue. Plaintiffs ask for a stay until a personal representative is appointed for Decedent, or until the probate court determines Decedent's rightful heirs. Decedent's probate action and trust actions are being litigated and are set for tr...

Excerpt: ...to convey an interest in the real property to Jarvis to enable Jarvis to obtain a loan using the property as collateral. Jarvis agreed to be responsible to repay the loan totaling $189,000. Jarvis allegedly failed to repay the loan. Plaintiffs allege claims for (1) financial elder abuse, (2) physical elder abuse, (3) fraud, (4) conversion, (5) breach of contract, and (6) constructive eviction. II. MOTION FOR JUDGMENT ON THE PLEADING A. Motion fil...

Excerpt: ...��Father”) and Olivia Munoz (“Mother”) (collectively “Parents”), who subsequently transferred the real property to Plaintiff, Jesus Diaz Munoz, and his sister Andrea Munoz Gonzalez. Defendant, Martha Munoz Martinez (“Martha”), Plaintiffs' sister, was placed on title in 1995 to facilitate a loan. Plaintiffs allege that a July 2005 deed purporting to transfer the property from the Parents to Martha and her husband void because Father'...

Excerpt: ...d. Defendant allegedly failed to provide information pertaining to workers' compensation claims, failed to engage in the interactive process, and failed to offer an accommodation. Instead, Plaintiff alleges that Defendant terminated her without reason and gave Plaintiff her final wages. Plaintiff alleges nine causes of action for wage and hour violations of the Labor Code, and employment discrimination related claims. Plaintiff asserts damages of...

Excerpt: ... the Fair Employment & Housing Act (“FEHA”). II. MOTION TO COMPEL ARBITRATION A. Motion filed June 29, 2022 Defendants argue that Plaintiff signed an employment agreement with Defendants' predecessor, Target Logistic Services, Inc. (“Target”). The agreement included a provision requiring arbitration of all disputes arising from Plaintiff's employment agreement. Plaintiff refused to stipulate to submit this matter to binding arbitration de...

Excerpt: ...on, in which each party holds a 50 percent interest. Plaintiff alleges that Defendant, Edward De Guzman (“Edward” or “Cross‐Complainant”), claims an interest in the property as a marital asset. Edward and Sharon are undergoing dissolution proceedings. Plaintiff and Sharon entered into a buyout agreement with respect to the real property at issue in August of 2014 which Sharon abandoned. Plaintiff accepted the abandonment. Plaintiff alle...

Excerpt: ... Defendant. Plaintiff tripped and fell while walking to his seat. Plaintiff alleges claims for negligence and premises liability. II. DEFENDANT'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET TWO A. Motion filed July 7, 2021 Defendant served Special Interrogatories, Set Two (“Set Two” or “SI”) on August 26, 2021. After receiving responses, Defendant moved to compel further responses which the court granted on February...

Excerpt: ... fraud, breach of fiduciary duty, unfair business practice, and for an order quieting title. Defendant's motion argues that the Notice of Lis Pendens (“Notice”) recorded by Plaintiff should be expunged because Plaintiff did not comply with statutory requirements prior to recording the notice. Defendant timely filed and served the motion on all parties on June 17, 2022. No opposition has been filed. As a preliminary matter, the court's docket ...

Excerpt: ...ninhabitable conditions on the property. Defendant allegedly changed the locks on the property on March 13, 2019. Plaintiff alleges 10 causes of action including breach of contract, breach of the implied warranty of habitability and related claims involving the condition of the premises. II. MOTION FOR SANCTIONS OF $3,570.50 AGAINST PLAINTIFF'S COUNSEL A. Motion filed on June 4, 2022 Defendant requests an order imposing monetary sanctions against...

Excerpt: ...loss of consortium on behalf of her husband, Francisco Iniguez, who has since died. II. MOTION FOR PROTECTIVE ORDER A. Motion filed June 27, 2022 Plaintiff seeks an order precluding the deposition of David Cossman, M.D. scheduled by Defendant, St. Francis Medical Center (“St. Francis”). Dr. Cossman was designated as an expert by Defendant, Christopher Marrocco, M.D., who has been dismissed. St. Francis did not retain Dr. Cossman or any vascul...

Excerpt: ...The First Amended Complaint (“FAC”) filed on April 7, 2021, alleges that on December 8, 2018, Plaintiff attended a ticketed event held at a facility owned and controlled by Defendant. Plaintiff tripped and fell while walking to his seat. Plaintiff alleges claims for negligence and premises liability. On May 11, 2022, Plaintiff filed his first Motion to Quash Deposition Subpoena for Business Records directed to Federal Express Corporation (“...

Excerpt: ... facts The First Amended Complaint, filed on complaint filed on May 12, 2022, alleges civil rights violations arising from an incident that occurred on September 26, 2018, while Plaintiff was waiting in his vehicle in the parking lot of a convenience store. Plaintiff alleges that Defendants searched Plaintiff without probable cause and subsequently refused to order their K9 to cease its attacks upon Plaintiff, who had fled to a crawlspace. Plaint...