Excerpt: ...MPLAINT Date: March 21, 2023 Time: 8:30 a.m. Dept: P This consolidated action stems from a prior unlawful detainer action. Diana Pitinyan (Pitinyan) as landlord entered into a rental agreement with Arthur Msrian and Sunny Days Senior Living (jointly, Msrian) for the lease of real property located at 75 Denny Avenue in Sun Valley. There are two houses on the real property. The month-to-month lease commenced in May 2018. In July 2020, Msrian was un...

Excerpt: ...0; 22AHCV00516; 22STCV24756; 22STCL04361. Related to: EC068916; 20GDCV00713 [TENTATIVE] ORDER DENYING MOTION TO STAY CONSOLIDATED ACTION PENDING ARBITRATION; AND DENYING MOTION FOR ORDER THAT ENC/IDI ARE NOT REQUIRED TO PARTICIPATE IN ARBITRATION Date: March 10, 2023 (continued from February 7, 2023) Time: 8:30 a.m. Dept.: P I. INTRODUCTION AND SUMMARY OF PROCEDURAL HISTORY These consolidated cases concern a construction project. Pasadena Oaks Li...

Excerpt: ...LEMUS FOR RELIEF FROM DEFAULT AND DEFAULT JUDGMENT Date: March 8, 2023 Time: 8:30 a.m. Dept.: P I. INTRODUCTION In this action, Plaintiff Huntington Drive Health and Rehabilitation, a skilled nursing facility, sues for money owed on a contract pursuant to which it provided services to Defendant David Lemus. Defendant Paula Lemus is sued in her role as “Patient Representative,” and “Medi-Cal agent.” Plaintiff alleges Paula Lemus is obligat...

Excerpt: ...s. And related cross-action. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 19GDCV01347 [TENTATIVE] ORDER GRANTING IN PART PLAINTIFFS' MOTION FOR LEAVE TO INCREASE TIME LIMIT FOR DEPOSITION Date: March 3, 2023 Time: 8:30 a.m. Dept.: P ) I. INTRODUCTION Plaintiff J&J Freight Solutions, LLC is a trucking company. It was started by Jie Mei Huang. Huang's husband Qinyi Yu formed Golden J Group, Inc., a sister company, that provides back up s...

Excerpt: ...March 1, 2023 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This is an anti-SLAPP motion with an unusual procedural posture. This action was filed in November 2012, but it has been stayed for much of the time since then. The operative First Amended Complaint was filed July 6, 2021. The special motion to strike was filed January 11, 2023, many days beyond the 60-day limit. However, the anti-SLAPP motion was set pursuant to the Court's discretion, in pa...

Excerpt: ...N; ARMEN “ARMENAK” JERMAKYAN; ASHOT MKHITARYAN; and DOES 1 through 100, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: BC616980 (Related to Case No. BC617479) [TENTATIVE] ORDER GRANTING MOTIONS BY DEFENDANT ASHOT MKHITARYAN TO DEEM MATTERS ADMITTED AS TO AKOP TOROSYAN AND ROBERT TOROSYAN AND FOR MONETARY SANCTIONS Date: February 16, 2023 Time: 8:30 a.m. Dept.: P ) ) ) ) ) ) ) ) ) ) ) I. INTRODUCTION These relat...

Excerpt: ...tiff Panos Simonian (Simonian) alleges claims against Defendants BMW of North America, LLC (BMW) and Century West BMW, LLC (Dealer) concerning his leased vehicle. Defendant BMW seeks an order compelling Simonian to arbitrate his disputes pursuant to an arbitration provision in the lease agreement. For the reasons that follow, the motion is granted. As to Century the action is stayed pending completion of arbitration. II. LEGAL STANDARD Code Civ. ...

Excerpt: ...pt.: P I. INTRODUCTION In this personal injury action, Plaintiff Leonor Barbieri alleges she was injured while descending the external stairs of a home she was living in. The home is owned by Defendants Mark and Marie Payumo. Barbieri's complaint alleges premises liability and negligence. The Payumos filed a cross-complaint against Juan Barbieri, Ms. Barbieri's son; Mike Hemphill, a friend of theirs who performed property management tasks; and Ro...

Excerpt: ... February 2, 2023 Time: 8:30 a.m. Dept.: P I. INTRODUCTION Before the Court is a motion to compel further responses to documents. The Court concludes that the objections interposed to the requests by the cross- defendants are not well-taken. The motions are therefore granted. II. LEGAL STANDARD A. Law Governing Motions to Compel Further Responses Code Civ. Proc. §2031.310 provides that if a demanding party deems responses to a demand for inspect...

Excerpt: ...ading is admittedly bare bones. Before the Court is an equally bare-bones demurrer. As the essential elements of the common counts are pleaded, the demurrer is overruled. II. LEGAL STANDARD Code Civ. Proc. §430.10 (e) provides for a demurrer on the basis that a complaint fails to state a cause of action. A demurrer admits, provisionally for purposes of testing the pleading, all material facts properly pleaded. Tindell v. Murphy (2018) 22 Cal.App...

Excerpt: ...elated to: EC068916; 20GDCV00713 [TENTATIVE] ORDER GRANTING MOTION BY GRAYCON, INC. FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT Date: January 27, 2023 Time: 8:30 a.m. Dept.: P I. INTRODUCTION These consolidated cases concern a construction project. Before the Court is an unopposed motion by Plaintiff Graycon, Inc. for leave to file a Second Amended Complaint to add claims concerning a payment bond. The motion is granted. II. LEGAL STANDARD Code ...

Excerpt: ... Before the Court is a follow-up motion on a previously granted motion to compel further responses to interrogatories. The background facts and procedural summary set forth in the Court's order of October 13, 2022, are incorporated herein. In that order, Mageno was ordered to provide further responses to Special Interrogatories 23-25. Mageno provided further responses. Defendant Burgers #3 found her answer to Number 25 to be evasive or incomplete...

Excerpt: ...UCTION This action stems from a boundary dispute between two neighboring properties in South Pasadena. James Cheung initiated this litigation by suing his next-door neighbors, Edmund Louie and Deborah Kotani. Louie and Kotani have a cross-complaint seeking quiet title and related claims. The litigation stems from a fence between the properties which has existed there for decades, but which encroaches on the Louie Property. At issue is Louie and K...

Excerpt: ...pt.: P I. INTRODUCTION This is a lemon law case involving a 2020 Kia Soul. Shortly after filing the litigation, Plaintiff Jose Victor served Defendant Kia America, Inc. with several sets of discovery. At issue are Kia's response to Requests for Production, Set One. As discussed further below, as to all RFPs to which Kia raised objections, Kia is ordered to provide further responses. II. LEGAL STANDARD Code Civ. Proc. §2031.310(a) provides that i...

Excerpt: ..., 2023 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This action stems from a boundary dispute between two neighboring properties in South Pasadena. James Cheung initiated this litigation by suing his next-door neighbors Edmund Louie and Deborah Kotani. For ease of reference, the properties are referred to as the Cheung Property and the Louie Property. The source of conflict is a fence between the properties, which has existed there for decades, but w...

Excerpt: ...rom a boundary dispute between two neighboring properties in South Pasadena. James Cheung initiated this litigation by suing his next-door neighbors Edmund Louie and Deborah Kotani. For ease of reference, the properties are referred to as the Cheung Property and the Louie Property. The source of conflict is a fence between the properties which has existed there for decades, but which encroaches on the Louie Property. Cheung sued for quiet title a...

Excerpt: ...s is a lemon law case. Plaintiffs Webster Watson and Celino Catindig sue Defendants General Motors, LLC (GM) and Camino Real Chevrolet under the Song- Beverly Consumer Warranty Act for alleged defects with their 2020 Chevrolet Traverse. Following a year of litigation, GM served Plaintiffs with a statutory Section 998 offer to compromise, which Plaintiffs accepted. Before the Court is Plaintiffs' motion for an order setting the reasonable amount o...

Excerpt: ...ION This action stems from a boundary dispute between two neighboring properties in South Pasadena. James Cheung initiated this litigation by suing his next-door neighbors Edmund Louie and Deborah Kotani. (For ease of reference, the properties are referred to as the Cheung Property and the Louie Property.) The litigation stems from a fence and hedge between the properties which has existed there for decades, but which encroaches on the Louie Prop...

Excerpt: ...30 a.m. Dept.: P I. INTRODUCTION This litigation involves an automobile accident that occurred July 14, 2018, on the 91 freeway. Plaintiff Roman Manuel Espinosa (Espinosa) was rear-ended by Defendant Parker Thomas Steed (Steed). The force of the impact pushed Espinosa's vehicle into the vehicle ahead of him. Espinosa suffered personal injuries. Steed admitted fault but disputed the extent of Espinosa's injuries. The case was tried to a jury, resu...

Excerpt: ...nlawful detainer action concerns commercial property located at 500 N. Atlantic Boulevard, Unit 201, Monterey Park. Plaintiff Atlantic Times Square, LLC (Atlantic Times) is the landlord. Defendant Miss Q, LLC (Miss Q), the tenant, operates a restaurant on the premises. On October 14, 2022, Atlantic Times served Miss Q with two three-day notices to quit. When Miss Q failed to vacate, this action followed. Miss Q demurs on two grounds: (1) the Comp...

Excerpt: ...ecember 15, 2022 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This case and a second case pending before Dept. 76 of the Mosk Courthouse concern ownership of real property located at 208 Highland Place in Monrovia. In the Dept. 76 action (LASC No. 22STCV009697), Donald Jackimowicz alleges that before his wife of 25 years (Red Lieng) passed away from metastatic breast cancer, her family (and especially her sister Mui Phung Lieng) exerted undue influen...

Excerpt: ...LAND; and DOES 1 through 50, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 21STCV14689 [TENTATIVE] ORDER OVERRULING ROMERO'S DEMURRER TO DEFENDANT BARTLETT'S FIRST AMENDED ANSWER AND DENYING MOTION TO STRIKE PORTIONS OF THE ANSWER Date: December 15, 2022 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This lawsuit concerns trees that grow on or near the boundary between two properties. Plaintiff Cesar Romero (Romero) owns and...

Excerpt: ...2 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This action stems from a loan agreement between Plaintiffs and Defendants. The loan was for the purpose of financing the purchase of equipment. The loan gives Plaintiffs a security interest in equipment purchased. Defendants defaulted. Plaintiffs repossessed the equipment, sold it for $1,000, and sued for the $105,865.13 deficiency. Defendants seek leave to file a cross-complaint alleging that the agent ...

Excerpt: ... Defendant Brian Harstein (Harstein) was employed by Plaintiff HCMC Legal, Inc. (Hire Counsel) for over 21 years. He was hired as a salesperson in 2000; from 2011 on he was a senior manager with a stock ownership interest. Hire Counsel alleges that in June 2022 Harstein quit with no notice and went to work for a competitor, thereafter soliciting its customers to the new company and enticing former co-workers to follow him as well. Harstein seeks ...

Excerpt: ...efendants. And related cross-actions. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 20GDCV00495 [TENTATIVE] ORDER GRANTING CROSS- COMPLAINANTS' MOTION FOR LEAVE TO FILE FIRST AMENDED CROSS- COMPLAINT Date: December 2, 2022 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This action concerns efforts by Plaintiff Varda, Inc. (Varda) to obtain a commercial lease for real property in Pasadena in order to operate a cannabis dispensary. The orig...

Excerpt: ...ANCA BARBU'S MOTION TO COMPEL FURTHER RESPONSES FROM PLAINTIFF JAN BORKOWSKI Date: November 29, 2022 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This litigation concerns allegations of a fraudulent financial scheme. Plaintiffs Jan (Jan) and Anna (Anna) Borkowski allege they are a married couple who immigrated from Romania and that Defendant Paul Barbu (Paul), who immigrated from Romania years earlier than they did, befriended them and offered his se...

Excerpt: ...a.m. Dept.: P I. INTRODUCTION This litigation concerns a commercial lease. The case was previously in Department B of the North Central District. Prior to being transferred to this Court, Defendants demurred to the original Complaint, Judge John Kralik issued a written order thoroughly analyzing each of Defendants' arguments. Demurrer to the fraud claim was sustained with leave to amend based on Plaintiffs' assurances that they could allege the m...

Excerpt: ...ns a vintage 1970 Javelin Trans Am race car. He has raced it in various Trans Am races over the years. In this lawsuit, Dyer alleges that Defendants Thomas McIntyre and Kenneth Epsman, leaders in the Historic Trans Am group, have wrongly excluded his vehicle from competitions. Dyer's original complaint alleges 14 causes of action. He seeks to file an amended pleading omitting the first nine causes of action, amending the venue allegation, and mak...

Excerpt: ...mber 18, 2022 Time: 9:00 a.m. Dept.: P I. INTRODUCTION Before the Court is a motion for summary judgment, or in the alternative summary adjudication, by Defendant/Cross-Defendant Mike Hemphill (Hemphill). Hemphill, who is a licensed real estate salesperson and who owns and manages properties of his own, agreed to help out his friends Mark and Maria Payumo (the Payumos), who own a home in La Crescenta. The Payumos wanted to rent the home out while...

Excerpt: ...ITH LEAVE TO AMEND Date: November 18, 2022 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This is an action under the Private Attorneys General Act of 2004 (PAGA). Plaintiff Gilberto Gonzalez (Gonzalez) sues his employer on behalf of himself and other aggrieved employees of Defendant Costco Wholesale Corporation (Costco). Defendant Caton Frates (Frates) is alleged to be an agent of Costco, and in that capacity is purportedly responsible for overseeing ...

Excerpt: ...ROSIAN'S DEPOSITION Date: November 16, 2022 Time: 8:30 a.m. Dept.: P I. INTRODUCTION These related cases concern events that transpired on April 16, 2014. In briefest terms, Arutyun Fitilchyan (Fitilchyan) alleges that he was contacted by Akop Torosyan (A. Torosyan) to perform some locksmith services for him. Fitilchyan alleges he was on his way to deliver brochures and schedule the service when he ran low on fuel. On telephoning A. Torosyan abou...

Excerpt: ...m. Dept.: P I. INTRODUCTION Plaintiff Nverik Grachian (Grachian), who is currently 81 years old, was injured when she slipped and fell on stairs outside her apartment. Grachian suffered a broken leg and has undergone four surgeries. In this lawsuit, Grachian sues the building's owner, Defendant Kenwood Street Holdings, LLC, (Kenwood) for premises liability. Named in Kenwood's cross-complaint and added in the main action as a Doe defendant is Cali...

Excerpt: ...OROSIAN'S DEPOSITION Date: November 15, 2022 Time: 8:30 a.m. Dept.: P I. INTRODUCTION These related cases concern events that transpired on April 16, 2014. In briefest terms, Arutyun Fitilchyan (Fitilchyan) alleges that he was contacted by Akop Torosyan (A. Torosyan) to perform some locksmith services for him. Fitilchyan alleges he was on his way to deliver brochures and schedule the service when he ran low on fuel. On telephoning A. Torosyan abo...

Excerpt: ...LAND; and DOES 1 through 50, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 21STCV14689 [TENTATIVE] ORDER OVERRULING ROMERO'S DEMURRER TO THE VAN HORN/CHASE ANSWER AND DENYING MOTION TO STRIKE PORTIONS OF THE ANSWER Date: November 14, 2022 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This lawsuit concerns trees that grow on or near the boundary between two properties. Plaintiff Cesar Romero (Romero) owns and resides in one ...

Excerpt: ...RANTING MOTION FOR STAY Date: November 8, 2022 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This is an action for the wrongful death of an infant. Plaintiffs Xiao Ma and Lara Wang allege that their daughter Olivia was enrolled in an infant childcare program located at property owned and operated by Defendants when she was physically abused. Olivia later died of her injuries. Defendants, Marie Wang (Wang), individually and dba Aunty Marie's Home Famil...

Excerpt: ...RANTING IN PART DEFENDANTS' MOTION TO STRIKE Date: November 4, 2022 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This litigation stems from a home remodeling project. David Myers and Sunny Park retained Davis Brothers Construction, Inc. (Davis Bros.) to do extensive remodeling of real property they own in Burbank. Also named as defendants are Davis Bros.' director/CEO Timothy Davis (Timothy), his wife and CFO Gracie Davis (Gracie), and his sister Kar...

Excerpt: ... a refund of overpayment of taxes. Janelle Polk (Polk) sues Defendant California Franchise Tax Board (FTB) alleging claims for overpayment of taxes in tax years 2015, 2016, and 2018. She seeks a refund of the amounts she has overpaid. FTB responded with a demurrer based on law holding that taxpayers cannot challenge a tax until they have paid it and requesting judicial notice of documents purporting to show Polk has not paid the taxes owed for ta...

Excerpt: ...22 Time: 8:30 a.m. Dept.: P I. INTRODUCTION This lawsuit contains a single cause of action under California's Private Attorney General Act, Labor Code §§ 2698 et seq. (PAGA). Plaintiff Andrea Rodriguez (Rodriguez) alleges she was employed by Defendant Kan Di Ki, LLC (KDK) from January 2018 through January 2021. (Complaint, ¶24.) She alleges a variety of Labor Code wage and hour violations by KDK including failure to pay overtime, failure to pr...

Excerpt: ...discovery motions in an unlawful detainer action. Plaintiff Lihui Fan (Fan) sues Defendants Derek Jones (Jones), Realize Ventures, and Jocelyn Reyes, seeking possession of real property in San Marino, California. Jones, who is representing himself, responded with a demurrer, which was overruled in August 2022. He thereafter filed an answer. Jones failed to provide responses to any of the discovery served on him by Fan. He has also failed to oppos...

Excerpt: ... OFF CALENDAR Date: October 21, 2022 Time: 8:30 a.m. Dept.: P I. INTRODUCTION In this action, E and E Mortgage Bankers Corp. (E and E) and its principal Shahram Elyaszadeh (Elyaszadeh) (jointly, Plaintiffs) seek to recover $60,043 alleged to be owed on a contract pursuant to which they procured a loan at the request of Defendant Ghazar Zehnaly (Zehnaly). Also named in the complaint is Defendant Central Escrow LA, Inc. (Central). Attached to the p...

Excerpt: ...DUCTION This is a lemon law case. Plaintiff Luis Martinez Montalvo (Montalvo) alleges that in August 2019 he purchased a GMC Canyon that had been manufactured by Defendant General Motors, LLC (GM), and that in connection with the purchase he obtained a number of written warranties from GM. Montalvo alleges defects with the display system, engine, and fuel system, for which he unsuccessfully sought repair from GM. He sets for causes of action purs...

Excerpt: ... 8:30 a.m. Dept.: P I. INTRODUCTION This lawsuit alleges violation of the Unruh Civil Rights Act, Civ. Code §51, et seq., by a restaurant whose website was not fully accessible to visually impaired and blind persons. Plaintiff Perla Mageno (Mageno) is such a person. Mageno alleges her attempts to use the website of Defendant Burgers #3, Incorporated (Burgers #3) were unsuccessful because the website lacks “screen-reader” software that would ...

Excerpt: ...NCTION Date: October 13, 2022 Time: 8:30 a.m. Dept.: P I. INTRODUCTION The operative Second Amended Complaint alleges an oral contract pursuant to which Plaintiff Michelle Moore, LLC, dba Bober Tea (Bober Tea) would pay Defendant Wikicart, LLC (Wikicart) to develop software for self-checkout kiosks at Bober Tea's retail establishments. It is alleged that Defendant Aigens, Inc. (Aigens) ratified and adopted the contract and is the successor in int...