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...