Excerpt: ...e complaint in this lawsuit was filed on 6/18/19, with the operative First Amended Complaint filed on 12/2/19 by plaintiff Weiqin Wang against defendants Happy Pregnancy Care & Medical Management (USA) Co., LTD. [“Happy Pregnancy”], Meilan Lin, Jiana Zhan, Joint Perfect, Inc. [“Joint Perfect”], and Yi Qin, for: (1) fraud (intentional misrepresentation); (2) negligent misrepresentation; (3) constructive fraud; (4) negligence; (5) breach of...

Excerpt: ...der of sailboats, including the subject “Harbor 20 Yacht” (the “Sailboat”) and licensees who built components to be incorporated into the Sailboat using Plaintiff's designs, molds, and tooling. Plaintiff entered into an agreement with Defendant Enviro-Holdings, LLC whereby it would use Plaintiff's names, design, and good will to contract components for and complete Sailboats based upon direct orders for complete Sailboats from Plaintiff. ...

Excerpt: ...ia a trap door. After they accessed the roof, the door closed and locked, leaving Plaintiff and Greenlow trapped on the roof of the concert hall. In seeking a way down, they found a roll-up steel door in a maintenance room that opened roughly eight feet above a balcony inside the theater. In attempting to negotiate the rollup door and the relatively short drop to the balcony below, Plaintiff slipped and fell roughly 50 feet, missing the balcony, ...

Excerpt: ... status (Cal. Gov. Code §12900, et seq.; Cal. Gov. Code §12940(J)(3) & (K)); (2) discrimination based on military and veteran status (Cal. Gov. Code §12900, et seq.); (3) negligence for failure to take all reasonable steps necessary to prevent discrimination and harassment (Cal. Gov. Code §12940, et seq.; Cal. Civ. Code §§43, 1708); (4) retaliation (Cal. Gov. Code §12940(H)); (5) IIED. Plaintiff alleges she was employed as a Nurse Practiti...

Excerpt: ...rved as the bookkeeper for Local 952, working primarily under the leadership of Patrick D. Kelly, who was the Secretary-Treasurer (a position which, according to both plaintiff and defendants, is akin to the CEO of a company) of Local 952 from 1997 through 2019 [“Kelly Administration”]. Kelly was defeated by defendant Jimenez and his slate in 2019 and took over operation of Local 952 on 1/1/20 [“Jimenez Administration”]. Although several ...

Excerpt: ...ed by Plaintiffs to provide “asset protection” service in connection with an adverse ruling/judgment in a lawsuit in the State of Hawaii where Mr. & Mrs. DeMarco were plaintiffs. Defendant attorneys drafted an irrevocable trust which turned out to be held a fraudulent transfer. In an effort to hide their assets from the judgment creditor in Hawaii, Plaintiffs gave $105,000.00 in cash to Defendants, who then refused to return it. Plaintiffs fi...

Excerpt: ...mber 8, 2021. Moving Party contends as follows: Defendant's Fifth Amendment right against self-incrimination will necessarily be compromised if discovery continues in this civil matter while Defendant is facing criminal action. He was arrested and charged with violations of the Vehicle and Penal Codes by the Orange County District Attorney. Defendant is currently facing criminal prosecution in the active criminal case of People v. Zalpa, Case No....

Excerpt: ...gic Way, Anaheim, California on 12/2/16. Plaintiff alleges defendants “negligently maintained the premises ... such that they allowed a wood flooring slab with a rubber lip to remain on their floor to create a hazard for its patrons.” (Complaint ¶¶ Prem.L-1, GN- 1.) Plaintiff alleges defendants “failed to adequately inspect, maintain and/or make their premises reasonably safe,” and that they “knew or should have known of the dangerous...

Excerpt: ...otice of: (1) Quitclaim Deed; (2) Bankruptcy Court Docket; (3) Bankruptcy Petition; (4) Trustee's Deed Upon Sale; and (5) Grant Deed. Facts/Overview: This is a post-sale wrongful foreclosure action alleging HBOR violations and common law foreclosure claims based on a claim of defective assignment of the deed of trust. Plaintiff is the owner of a residence located at 5525 Blue Ridge Drive, Yorba Linda, CA 92887. In 2004, Plaintiff borrowed $1,165,...

Excerpt: ...s (“DTS”) requests judicial notice of (1) Portions of Plaintiff's deposition transcript; (2) 8/12/20 minute order; and (3) Opposition declaration. Facts/Overview: On April 18, 2019, plaintiff Lorna Carter commenced this action against defendant DTS, alleging the following 12 causes of action: 1. Failure to pay wages owed, 2. Failure to pay overtime, 3. Failure to provide meal periods, 4. Failure to provide rest breaks, 5. Failure to provide c...

Excerpt: ...imited partnership, 2. Breach of fiduciary duties, 3. Breach of written partnership agreement, 4. Accounting, 5. Declaratory relief, and 6. Elder financial abuse. On December 18, 2019, Madigan filed a first amended complaint against the same defendants, alleging the same six causes of action. On January 3, 2020, plaintiffs-in-intervention Joseph Marca, Gary Marca, and Jean (Marca) Greenstadt (collectively, the Marcas) filed a complaint-in-interve...

Excerpt: ...ment. Plaintiff alleges she retained the other defendants to seek relief from the default judgment, but these defendants failed to timely seek relief from default and failed to raise relevant issues in said motion. Defendant Vogel was defaulted on 4/11/16. On 6/9/16, the court denied Vogel's motion for relief from default. Vogel appealed, and the Court of Appeal reversed in a published opinion dated 6/11/19 [Lasalle v. Vogel (2019) 36 Cal.App.5th...

Excerpt: ...ip. Plaintiff Ly was the primary breadwinner, with Defendant Lee acting as a stay at home “housewife,” who controlled the family finances. The parties acquired real estate in Mission Viejo, Westminster, and Las Vegas, NV. In 2010, Ly deeded the family residence at Endless Vista, Mission Viejo, to Lee to “protect their mutual interest in” the property. In 2014 the Endless Vista property was sold, and the parties moved into a rental in Irvi...

Excerpt: ...on against defendants Sameer Nawaey and Samad Abdul Nawaey, alleging the following two causes of action: 1. Motor vehicle negligence, and 2. General negligence. This is a personal injury action arising out of a two-car collision at the intersection of MacArthur Boulevard and Ford Street in Newport Beach on or about 9/27/17. Plaintiff alleges defendant Sameer Nawaey (Sameer), while driving a vehicle owned and entrusted to him by defendant Samad Ab...

Excerpt: ...5. Defendant Preciado represented to Plaintiffs that she held a listing for the sale of the Property and accepted a $15,000.00 deposit from Plaintiffs. Defendants subsequently canceled the transaction but have refused to return Plaintiffs' deposit. Plaintiff filed his self-represented complaint against Defendants Laura Christina Preciado, aka “Laura Christina Benavides”, AE Real Estate Partners, and AE Builder Escrow on 8/27/19. The complaint...

Excerpt: ...y those facts pertinent to the instant motion. On October 17, 2019, the matter came on regularly for trial. On October 18, 2019, the court granted defendants' motions for nonsuit as to the first cause of action for fraud and the third cause of action for conspiracy, leaving only the second cause of action for defamation at issue. (See 10/18/19 Minute Order, p. 2.) On October 29, 2019, the jury returned a verdict in favor of plaintiffs and against...

Excerpt: ...e. Defendants claim that Plaintiff's motorcycle collided with Ms. Homer's vehicle after it had turned into the street, and Plaintiffs allege that Ms. Homer's vehicle smashed into Plaintiff. Plaintiffs Bruce Stockton and Dawn Stockton filed their complaint against Defendants Huntington Beach City School District and Kathleen Homer on 5/29/19. The complaint alleges causes of action for (1) Negligence; (2) Negligent Hiring, Training, Retention, and ...

Excerpt: ... February 26, 2021, and a jury trial has been set for April 26, 2021. Moving Party contends as follows: This is a medical malpractice action arising out of defendant's alleged negligent care and treatment of plaintiff with respect to a bilateral breast augmentation. (See SSUF No. 1.) In professional malpractice cases, expert testimony is required to establish breach of the applicable standard of care and causation. (See Motion P&As at pp. 5, 6.) ...

Excerpt: ...omatic entry door. Defendant claims that an elderly gentleman was trying to enter the store through a marked exit door, that he fell down attempting to do so, and that knocked down Plaintiff causing her injuries. On 4/17/19 Plaintiff filed a motion for trial preference, which was set to be heard on 6/19/19. That motion was not heard, as Defendant filed a Notice of Removal to federal court on 4/29/19. The action was remanded back to state court on...

Excerpt: ...tacked and beaten by Defendants Jeffery Tuli, Vincent Griffin and Aaron Jackson. Maher Yousef succumbed to his injuries a few days later. Defendant Lucky Oil Company dba “Buena Park Mobil” is alleged to be the owner/operator of the gas station. Defendants Ahmad Radwan and Tag M. Radwan are alleged to be principals of Lucky Oil. Plaintiff alleges that Property owner/operator Defendants knew the three assailants were likely to injure or attack ...

Excerpt: ...nto Z, LLC (“SJZ”) to handle the development. In Dec. 2003, SJZ acquired the property from Saba and Grantham, which led to a series of lawsuits. Attorneys Saba and Grantham agreed to provide SJZ with legal services to resolve title and lien issues concerning SJZ's property. According to Saba, in July 2005 he and Grantham withdrew from their representation due to a conflict of interest, after filing a cross-complaint against SJZ seeking a corp...

Excerpt: ...5, 436) Facts/Overview: The original complaint in this action was filed on 10/11/19. The operative First Amended Complaint was filed on 12/20/19 by plaintiff Humberto Garcia against defendants Western Riverside Council of Governments [“WRCOG”], Renovate America, Inc. [“Renovate”], Century Construction West, Inc., dba SaveCal [“SaveCal”], and Wesco Insurance Company, for: (1) negligence; (2) intentional/negligent misrepresentation; (3)...

Excerpt: ... on 10/18/19 by plaintiffs Kristen Beattie Raymond and Matthew Campbell Raymond against defendant Nissan North America, Inc., for: (1) violation of Song- Beverly Consumer Warranty Act (Song-Beverly Act) – breach of express warranty; (2) violation of Song-Beverly Act – breach of implied warranty; (3) violation of Song-Beverly Act, Civil Code section 1793.2; (4) fraudulent inducement – concealment; (5) fraudulent inducement – intentional mi...

Excerpt: ... the Cross-Complaint and to recover reasonable attorney fees and costs in the amount of $25,865.00. Facts/Overview: The operative Second Amended Complaint was filed on 6/17/19 by plaintiff Carl Barney, as trustee of the Carl Barney Living Trust, against defendants Lukas Pieter, Peter LePort, Monica LePort, Francisco LePort, Ramandeep Girn, Rebecca Girn, and Higher Ground Education, Inc. It alleges causes of action for: (1) breach of contract; (2)...

Excerpt: ..., alleges that Plaintiff was harassed and discriminated against because he is African-American. Plaintiff filed his complaint on 2/13/19 against Defendant Aspen Medical Products. The complaint alleged causes of action for: (1) Discrimination (FEHA); (2) Failure to Prevent Discrimination (FEHA); (3) Retaliation (FEHA); (4) Wrongful Discharge in Violation of Public Policy; (5) Harassment (FEHA); (6) Failure to Prevent Harassment (FEHA). Following a...

Excerpt: ...k Hunt. The case trailed for trial and was assigned to this Court for trial on 12/4/19. Plaintiff's motion for summary judgment/adjudication was heard on 11/22/19 by Judge Hunt. Judge Hunt ruled: (1) as plaintiff had elected to proceed on its causes of action for conversion and recovery of personal property, plaintiff's 1 st C/A for breach of lease was dismissed; (2) summary adjudication was granted as to the 2 nd and 3 rd C/As for conversion and...

Excerpt: ... receiving the required rest and meal breaks. Both Plaintiffs' employment was terminated by Defendant Mak Wave after they asked for a copy of their employment files. The Tokura Defendants are alleged to be principals of Mak Wave. Plaintiffs filed their complaint on 2/2/17 against Defendants Mak Wave, Inc., Masafumi Tokura, and Kumiko Tokura. The complaint alleges causes of action for: (1) Unpaid Wages; (2) Failure to Provide Meal Breaks; (3) Fail...

Excerpt: ...nc. [“Century”], Rise Smith, and Farren Mataele, for: (1) Fraud; (2) Intentional tort – violation of California Labor Code § 970; (3) Conversion; (4) Accounting; (5) Common counts; and (6) Intentional infliction of emotional distress. This is a fraud case in which plaintiff, a photographer, alleges that he was lured into working for defendants in order to pay off a debt. He claims he put in long hours and that defendants never paid him, fa...

Excerpt: ...ation of Business and Professions Code section 17200 et seq. (UCL), 9. Retaliation/wrongful termination in violation of public policy, 10. Failure to produce personnel file, 11. Failure to produce payroll records, and 12. Failure to produce instruments signed by employee during employment. On May 29, 2019, DTS answered the complaint and also filed a cross-complaint against Carter alleging the following two causes of action: 1. Breach of contract,...

Excerpt: ... to provide rest breaks, 5. Failure to provide correct/itemized pay stubs, 6. Waiting time penalties, 7. Failure to reimburse expenses, 8. Violation of Business and Professions Code section 17200 et seq. (UCL), 9. Retaliation/wrongful termination in violation of public policy, 10. Failure to produce personnel file, 11. Failure to produce payroll records, and 12. Failure to produce instruments signed by employee during employment. On May 29, 2019,...

Excerpt: ...ski and driven by his daughter, Defendant Sara Ann Sanchez. Sanchez stopped the vehicle and came to the aid of Plaintiff, who was dazed, lying in the street, getting ice for her injured ankle. Sanchez did not call the police or 911. Instead, she put Plaintiff in her vehicle and drove her to her apartment. A relative of Plaintiff saw Plaintiff approximately an hour later in her apartment, suffering from a number of symptoms. Plaintiff was then tra...

Excerpt: ... Negligence 4. Premises liability No other matters are currently scheduled on calendar. A jury trial has been set for March 15, 2021. Moving Party contends as follows: This motion is brought pursuant to Code of Civil Procedure section 598. Plaintiff has retained a radiologist, a medical billing expert, and a rehabilitation nurse. He has also designated three non-retained doctors, as well as “any and all physicians and treating personnel” from...

Excerpt: ...oan Servicing, Inc. [“Del Toro”], Teresa Lopez, and Carolina Mercado, for: (1) judicial foreclosure; (2) negligence; (3) breach of fiduciary duty; (4) conversion; (5) conversion; (6) fraud; (7) unjust enrichment. Defendant Lopez owns property in Cypress, subject to a promissory note and recorded deed of trust in favor of non-party Asur II, securing a $600,000 mortgage loan [“Asur II loan”], serviced by defendant El Toro. Defendant Mercado...

Excerpt: ...ories, and (5) Custodian of Records for Southern California Edison. Facts/Overview: On April 18, 2019, plaintiff Lorna Carter commenced this action against defendant Darnell Technical Services, Inc. (“DTS”) alleging the following 12 causes of action: 1. Failure to pay wages owed, 2. Failure to pay overtime, 3. Failure to provide meal periods, 4. Failure to provide rest breaks, 5. Failure to provide correct/itemized pay stubs, 6. Waiting time ...

Excerpt: .... Breach of written partnership agreement, 4. Accounting, 5. Declaratory relief, and 6. Elder financial abuse. On December 18, 2019, Madigan filed a first amended complaint against the same defendants, alleging the same six causes of action. On January 3, 2020, plaintiffs-in-intervention Joseph Marca, Gary Marca, and Jean (Marca) Greenstadt (collectively, the Marcas) filed a complaint-in-intervention against the same defendants, alleging the same...

Excerpt: ...o scheduled for the same date. Defendant has filed a motion for summary judgment, which is set for hearing on 1/6/21. A jury trial is scheduled for 2/8/21. Plaintiff seeks the following: Motion No. 1: To compel further responses to Form Interrogatories, Set Two, Form Interrogatory [“Rog” or “Rogs”] No. 17.1 [re: RFA Nos. 5-10]; monetary sanctions; Motion No. 2: To compel further responses and production to Request for Production of Docume...

Excerpt: ...ower and upper jaw. The complaint alleges that Defendants negligently installed the implants and used lesser quality implants than that agreed to between the parties. Defendants are also alleged to have concealed the negligence and use of lesser quality implants from Plaintiff and have falsely represented to Plaintiff that it was necessary to remove all of Plaintiff's remaining teeth and veneers in his lower jaw. Plaintiff filed his complaint in ...

Excerpt: ...aratory relief; (6) breach of the covenant of good faith and fair dealing; (7) unfair business practices; and (8) breach of CA Franchise Laws (Corp. Code 31000 et seq.). Plaintiff alleges that plaintiff entered into a licensing agreement with defendants to operate two eateries. Plaintiff alleges that defendants misrepresented the costs and profitability of the business. Plaintiff further alleges that when it complained, defendants retaliated by, ...

Excerpt: ...laintiff presented to a different hospital, where he was advised that his finger had been fractured, dislocated, or sublexed for two months, and because the dislocation had occurred two months previously, that the damage may not be repairable. Plaintiff eventually underwent corrective surgery. On 10/15/19, Plaintiff filed his complaint against Defendants Julie K. Sun, MD, Michael W. Perlman, MD, Los Alamitos Medical Center, and Fabiola O. Siantur...

Excerpt: ... of CA False Claims Act (Gov't Code 12650 et seq.); (3) whistleblower retaliation (Labor Code 1102.5); and (4) whistleblower retaliation (H&S 1278.5). Plaintiff alleges that he was employed by CalOptima as Deputy Chief Medical Officer from 2014 to 2018 pursuant to a written employment offer and contract. Defendant Shrader is the CEO of CalOptima, and defendant Helmer is the Chief Medical Officer. Plaintiff was terminated in 2018, purportedly for ...

Excerpt: ...Lorna Carter commenced this action against defendant Darnell Technical Services, Inc. (“DTS”) alleging the following 12 causes of action: 1. Failure to pay wages owed, 2. Failure to pay overtime, 3. Failure to provide meal periods, 4. Failure to provide rest breaks, 5. Failure to provide correct/itemized pay stubs, 6. Waiting time penalties, 7. Failure to reimburse expenses, 8. Violation of Business and Professions Code section 17200 et seq. ...

Excerpt: ...ion; (7) harassment; (8) failure to prevent harassment; (9) wrongful termination; (10) wrongful termination in violation of public policy; (11) intentional infliction of emotional distress; (12) negligent infliction of emotional distress; (13) failure to timely provide personnel records; (14) failure to timely provide payroll and employment records; (15) breach of express and/or implied employment contract; and (15) unfair business practices. Pla...

Excerpt: ...Covid-19 pandemic. A jury trial is set for 3/21/22. MOTION No. 1 – For trial preference: Plaintiff moves for an order specially setting this action for trial preferentially, pursuant to CCP § 36(a). Moving Party contends as follows: Plaintiff Rohangez Foroezanden is a 72 year old woman with a medical history of stroke with left sided hemiparesis, difficulty walking, Parkinson's dementia, hypertension, frequent urinary tract infections, fractur...

Excerpt: ...pecifically three US Patents for medical equipment used in diagnosing and treating eye disease (the “Diopsys Action”). Plaintiff tendered the defense of the Diopsys Action to Defendant on 2/2/17, which request was denied in writing on 8/17/17. On 10/11/17, Plaintiff requested Defendant reconsider its denial of defense and indemnity, which was again denied. Defendant declined to attend a settlement conference held in the Diopsys Action and rea...

Excerpt: ...y defendants). The original complaint alleged three causes of action for (1) assault/battery, (2) negligence, and (3) negligent infliction of emotional distress. On April 2, 2019, plaintiff filed an amendment to the complaint, identifying Doe 1 as Kaiser Foundation Health Plan, Inc. (KFHP), erroneously sued as “Kaiser Foundation Health Plans.” On May 8, 2019, plaintiff filed two additional amendments to the complaint, identifying Doe 2 as Sou...

Excerpt: ...ratory relief. Plaintiff alleges as follows: He and defendant were involved in a romantic relationship. On 9/21/15, they purchased a property as joint tenants. Eventually, the parties broke up, and defendant abandoned the property. Plaintiff severed the joint tenancy and changed the locks on the property. Plaintiff has since been making the payments on the property. An answer and cross-complaint were filed on 8/29/19 by defendant / cross-complain...

Excerpt: ...nd other spend management services.” Plaintiffs allege that they were improperly classified as independent contractors and were therefore deprived of wages, commissions, and full reimbursement of travel and other out of pocket expenses. Plaintiffs filed their complaint on 7/26/19 against Defendants Lyndon Group, LLC and Kenneth Jones. Defendant Jones is alleged to be the alter ego of Lyndon Group. Plaintiffs filed their operative First Amended ...

Excerpt: ...0/1/12, Plaintiffs Michael Colaco and Inet Airport Systems, LLC filed a complaint against Defendants Cavotec S.A., fka Cavotec MSL Holdings Ltd. (hereinafter “Cavotec”), Cavotec Inet US Inc. (hereinafter “Cavotec Inet”), Stefan Widegren and Ottonel Popesco for: 1. Fraud in the Inducement 2. Breach of Contract 3. Breach of the Implied Covenant of GFFD 4. Declaratory Relief 5. Declaratory Relief-Resignation 6. Unjust Enrichment 7. Violation...

Excerpt: ...ernative, summary adjudication as to all causes of action alleged against them. In each motion, moving party offers the same exact facts in support of the motion for summary adjudication as those offered in support of the motion for summary judgment. Indeed, each of the three designations of the issues in the Separate Statement of Undisputed Material Facts in Mr. Jiadai's motion indicates that moving party is entitled to summary judgment, not to ...

Excerpt: ...resentation; (6) violation of Penal Code section 496 [which was dismissed on 3/20/19]; and (7) concealment. The TAC alleged that plaintiff and defendants were shareholders in Autocrib, Inc. and that defendants improperly reduced plaintiff's share ownership through a variety of means, including fraud. On 8/17/15, defendants moved to compel arbitration, which motion was denied on 9/9/15. The court's minute order of said date provides additional rel...

Excerpt: ...ant Harris and owned by defendant O'Connell, while in course and scope of his employment. County of Orange v. Harris, OCSC Case No. 2018-01033469: The complaint was filed on 11/19/18 by plaintiff County of Orange against defendants Steven A. Harris, O'Connell Landscape Maintenance, Inc., and Preston Edward Nunez-Ruiz, seeking subrogation for workers' compensation benefits paid to plaintiff Jennifer Anckaer. On 1/24/19, pursuant to stipulation, bo...

Excerpt: ...llex while in course and scope of his employment. Both named defendants filed answers. A jury trial commenced on 1/22/20 and concluded on 1/28/20 with a defense verdict. Judgment was signed, filed, and entered on 2/24/20. Notice of Entry of Judgment was filed and served on 3/5/20. Plaintiff has filed a motion to tax defendant's costs, which hearing has been continued to 10-7-20. Plaintiff presents a motion for new trial on the ground of insuffici...

Excerpt: ...CSC # 2015-00779943, the “first action.”) Following mediation, the parties settled the case, and a dismissal was filed on 5/1/15. On January 21, 2016, Mr. Valle filed a second action against Ms. Vu for alleged breach of the settlement agreement in the “first action.” (OCSC # 2016-00831234, the “second action.”) That action was tried on 2/5/18 before the Hon. Peter J. Wilson. The court found in favor of Mr. Valle and against Ms. Vu. A ...

Excerpt: ...flight from the scene, and (2) insufficiency of the evidence to support the amount of the damages award. Neither ground has merit. 1. There was no irregularity or error for admitting evidence of defendant's flight Before the trial, defendant moved to exclude defendant's post-accident conduct that consisted of defendant exiting his vehicle and yelling at the plaintiff then getting into his car and driving away. Defendant based his motion on Eviden...

Excerpt: ...lectively, defendants) alleging three causes of action for (1) fraud, (2) defamation, and (3) conspiracy. On November 20, 2018, defendants answered the fourth amended complaint. On October 17, 2019, the matter came on regularly for trial. On October 18, 2019, the court granted defendants' motions for nonsuit as to the first cause of action for fraud and the third cause of action for conspiracy, leaving at issue only the second cause of action for...

Excerpt: ...ewart Drive, Orange CA 92868-4225; 4. Custodian of Records for Saint Joseph Hospital of Orange/Radiology, 1100 West Stewart Drive, Orange CA 92868; 5. Custodian of Records for Hoag Memorial Hospital/Medical, One Hoag Drive, P.O. Box 6100, Newport Beach, CA 92658; 6. Custodian of Records for Hoag Business Center/Billing, 2975 Red Hill Avenue, Suite 200, Costa Mesa, CA 92626; and 7. Custodian of Records for Hoag Memorial Hospital/Radiology, One Hoa...

Excerpt: ..., consequently, “when plaintiff woke after 2 a.m.to use the restroom as she started for it, she hit the door with her head and then fell backward, slamming down onto the back of her head.” (See Prem. L-1 of Complaint). Defendant filed an answer to the complaint on November 26, 2019. Plaintiff seeks an order from the Court, pursuant to CCP § 36, setting trial within 120 days of this hearing. Analysis: CCP § 36(a) states as follows: A party t...

Excerpt: ...ough its principal Jay Wilton purchased a 2012 Ferrari, VIN ZFF73SKA1C01860029 for $160,000.00. On 11/16/19, Jay Wilton passed away, leaving most of his assets to his son, Plaintiff Brandon Wilton, including ownership of Plaintiff Wilton Partners, which owned the Vehicle. On 12/19/19, Plaintiff Brandon began receiving e-mails from Defendant Tracii Show Hutsona claiming that Jay had sold the Vehicle to Defendant Elite Lux Life, LLC on 08/29/19 for...

Excerpt: ...ughes for: (1) breach of contract; and (2) general negligence. On 9/6/17, the Court: (1) granted a motion to compel the plaintiff to submit the claims in the complaint to arbitration before JAMS or Judicate West and stay the court action pending resolution of the arbitration; and (2) denied plaintiff's motion for an order staying the entire action, including the hearing on the motion to compel arbitration, pending resolution of the dissolution pr...

Excerpt: ...artment building located at 234 6th St. in Seal Beach. On 1/14/17, Plaintiff published a website. Soon thereafter, Defendants Joel and Donald Duran hijacked the contents of the Plaintiff's website and used it for their own website. Joel Duran is the apartment manager for Plaintiff's building. His father, Donald Duran, helps him manage the building. B&C Properties is the owner of the apartment building. Plaintiff also alleges that Defendants Joel ...

Excerpt: ...ode §12900, et seq.; Cal. Gov. Code §12940(J)(3) & (K)); (2) discrimination based on military and veteran status (Cal. Gov. Code §12900, et seq.); (3) negligence for failure to take all reasonable steps necessary to prevent discrimination and harassment (Cal. Gov. Code §12940, et seq.; Cal. Civ. Code §§43, 1708); (4) retaliation (Cal. Gov. Code §12940(H)); (5) wrongful termination (constructive discharge in violation of public policy); (6)...

Excerpt: ...evin Long on 1/22/18, alleging causes of action for: (1) Motor Vehicle Negligence; and (2) General Negligence. Defendant Long answered the complaint on 2/13/18. Plaintiff amended the complaint on 5/2/18 to identify Erika Garcia as DOE 1. Defendant Garcia answered the complaint on 6/18/18. Defendant Long's motion for summary judgment was denied on 10/23/19. The case is set for an MSC on 02/28/20, and a continued trial on 09/28/20. Moving Party con...

Excerpt: ... other things, breach of contract. Defendant filed a cross-complaint for, among other things, breach of contract. The complaint has now been dismissed. Only the cross-complaint is still at issue. On 11/7/18, the Court granted Moving Party's unopposed motion for judgment on the pleadings to the answer, with leave to amend on the ground that cross-defendant, as a corporation, could not represent itself in this action. Cross-defendant was granted te...

Excerpt: ...y duty; (6) breach of contract; (7) money had and received; and (8) deposit in court. Plaintiff alleges that Marik has failed to pay legal fees and that defendant Saba, a former law associate, has interfered in plaintiff's ability to collect fees from Marik and others. Concurrently with the complaint, on 4/18/19, plaintiff filed a Notice of Related Cases, indicating that this case is related to Saba v. San Jacinto Z, LLC, OCSC Case No. 2017- 0095...

Excerpt: ...ran is the apartment manager for Plaintiff's building. His father, Donald Duran, helps him manage the building. B&C Properties is the owner of the apartment building. Plaintiff also alleges that Defendants Joel and Donald Duran hacked into his cellphone and obtained written information and audio; and installed cameras that took photographs or video of Plaintiff while he was in his apartment. Defendants Joel and Donald Duran tracked everything tha...

Excerpt: ... of the Huntington Beach Police Department, and Plaintiff has not exhausted less intrusive methods/sources of discovery.” (Notice of Motion & Motion at p. 2.) Facts/Overview: On August 28, 2019, plaintiffs Huntington Beach Police Officers' Association (HBPOA or Association) and Yasha Nikitin (collectively, plaintiffs) commenced this action against defendant City of Huntington Beach (City or defendant) alleging the following three causes of acti...

Excerpt: ...mplaint alleges causes of action for: (1) Premises Liability; and (2) General Negligence. Plaintiff alleges she was injured due to a fall at Defendant's CVS Pharmacy location, caused by a malfunctioning automatic entry door. Defendant claims that an elderly gentleman was trying to enter the store through a marked exit door, that he fell down attempting to do so, and that he knocked down Plaintiff, causing her to become injured. On 04/17/19 Plaint...

Excerpt: ...ts/Overview: In light of the significant amount of law and motion activity in this action, including pleading challenges, discovery disputes, summary judgment motions, and motions for sanctions, and the Court's belief that all parties are well acquainted with the facts and procedural history of the case, a limited statement of facts and overview is provided herein. Most recently, trial had been set for 11/25/19. On 11/21/19, defendants' ex parte ...

Excerpt: ...r (1) breach of contract, (2) breach of contract, and (3) fraud – intentional misrepresentation. On July 30, 2019, the court granted plaintiff's first amended ex parte application for right to attach order and writ of attachment in full. On July 31, 2019, the court entered an order granting plaintiff a writ of attachment in the amount of $326,250.00 with respect to the property located at 28602 Silverton Drive, Laguna Niguel, California 92677. ...

Excerpt: ...Plaintiffs to provide “asset protection” service in connection with an adverse ruling/judgment in a lawsuit in the State of Hawaii where Mr. & Mrs. DeMarco were plaintiffs. Defendant attorneys drafted an irrevocable trust which turned out to be held a fraudulent transfer. In an effort to hide their assets from the judgment creditor in Hawaii, Plaintiffs gave $105,000.00 in cash to Defendants, who then refused to return it. Plaintiffs filed th...

Excerpt: ...he complaint (filed on 5/14/18) by Plaintiff Five Star Turf, Inc. against Defendants George Toubbeh and Jobbers Wholesale, Inc. contains causes of action for (1) Breach of Contract; (2) Open Book Account; (3) Intentional Misrepresentation (Fraud); and (4) Negligent Misrepresentation. According to Plaintiff, the original lease between the parties allowed Defendants to use a common space for two offices and the shared use of restrooms. Thereafter, ...

Excerpt: ... of a patent for an emergency repair plug for boats, notwithstanding that the US Patent and Trade Office [“USPTO”] has issued a patent identifying Artelier as the assignee. On 12/17/18, defendants Artelier Studio, LLC, Henry Goldman and Richard Joseph Benveniste filed an answer in response to plaintiff Forespar's complaint. On 1/23/19, defendant Fitzgerald was dismissed. On 2/13/19, the Court granted defendants' motion to bifurcate trial, ord...

Excerpt: ...s interference with contract; (6) intentional interference with contract; (7) legal malpractice; (8) unfair competition/business practices; (9) disgorgement of salary and benefits; (10) fraud by intentional misrepresentation; (11) fraud by intentional concealment; and (12) duress and coercion. In summary, plaintiff and defendant Peter LePort were friends, and defendant suggested that plaintiff invest in his company, LePort Educational Institute. ...

Excerpt: ...t Uliana Kozeychuk has no ownership interest therein. She, however, claims that he orally promised her a 1/3 ownership interest in the business. On 8/23/18, Ms. Kozeychuk filed her own action: Kozeychuk v. Honetschlager, case no. 2018-1011885. Her complaint alleges five causes of action for: 1. Breach of Oral Partnership Agreement 2. Promissory Fraud 3. Quantum Meruit 4. Promissory Estoppel 5. Declaratory Relief The cases were consolidated on Feb...

Excerpt: ...with defendant corporation to perform certain construction work. Plaintiff contends that it was improperly charged for staff expenses that were not agreed upon. Plaintiff Ye Xin Investments Holding filed a FAC against Defendant Erick Allen, Inc. and Erick Allen, alleging causes of action for: (1) Breach of Contract; (2) Fraud; (3) Conversion; (4) Unjust Enrichment; (5) Unfair Business Practices; and (6) Voiding Mechanics Lien. Erick Allen, Inc. f...

Excerpt: ...d on 9/30/19 by plaintiff Kermit Hayes against defendants Floyd Thomas Smith, GForce Corporation dba DFX Sports & Fitness [“GForce”], F.T.R.S. Family Partnership No. 1 [“FTRS”], Century Tree Service, Inc. [“Century”], Rise Smith, and Farren Mataele, for: (1) Fraud; (2) Intentional tort – violation of California Labor Code § 970; (3) Conversion; (4) Accounting; (5) Common counts; (6) Intentional infliction of emotional distress. Thi...

Excerpt: ...tion; (3) sexual harassment; (4) NIED; and (5) sexual assault. Plaintiff alleges that he was sexually harassed and molested by defendant Bruce, a former teacher who was employed by defendant District, during 2009-2011 while plaintiff was a middle school student. Both defendants have answered. On 1/10/19, the Court granted defendant District's motion for summary adjudication as to the 3 rd C/A for sexual harassment. On 3/13/19, the Court denied pl...

Excerpt: ...and Aaron Jackson. Maher Yousef succumbed to his injuries a few days later. Defendant Lucky Oil Company, dba “Buena Park Mobil,” is alleged to be the owner/operator of the gas station. Defendants Ahmad Radwan and Tag M. Radwan are alleged to be principals of Lucky. Plaintiff alleges that property owner/operator Defendants knew the three assailants were likely to injure or attack people and that they did nothing to prevent the attack. Criminal...

Excerpt: .... Moving Party contends as follows: This case arises out of a trip-and-fall accident in which plaintiff Canela Cavada claims that she tripped and fell over a rise in a sidewalk located in the City of Laguna Beach. Plaintiff only claimed that the rise in the sidewalk was “about one inch.” (Compendium of Evidence [“COE”], Exh. 4 [Plaintiff's responses to Special Interrogatories], at pp. 7:7-8:5.) The rise was measured by a sidewalk repair c...

Excerpt: ... criminal cases and seal Federal related cases” [grammatical errors corrected and capitalization omitted]. Facts/Overview: The complaint in this action was filed on 3/2/17 by self-represented plaintiff Andrew D. Weiss against defendant Minh Nguyet Thi Nguyen (originally named as DOE 2) and three other defendants. The operative pleading is the First Amended Complaint filed on 3/3/17. Plaintiff sued defendants for (1) malicious prosecution, and (...

Excerpt: ...supposed to be part of the contract price. Plaintiff filed her complaint against Defendant on 10/11/17, alleging causes of action for: (1) Breach of Contract and (2) General Negligence. Defendant answered the complaint on 01/09/18 and filed a cross-complaint against Plaintiff, alleging causes of action for: (1) Breach of Contract and (2) Common Counts. The cross-complaint alleges that Plaintiff failed to allow Defendant to finish the job, claimin...

Excerpt: ...ne; Applies to Bar Plaintiffs' Negligence/Premises Liability Causes of Action; 3. Plaintiffs' Negligent/Premises Liability Causes of Action are barred, as Plaintiffs cannot establish that Superior had a duty, as there is no foreseeability of this third party criminal assault; 4. Plaintiffs' have no facts or theories to support a Cause of Action for Intentional Infliction of Emotional Distress ("IIED"); 5. Plaintiffs' cannot seek Punitive Damages ...

Excerpt: ...on (CCP § 430.10(e)) Facts/Overview: The original complaint in this action was filed on 4/8/19. The operative verified First Amended Complaint was filed on 9/5/19 against defendants Servis One, Inc., dba BSI Financial Services [“BSI”], Wilmington Savings Fund Society, FSB, dba Christina Trust, as Trustee, for Brougham Fund I Trust, Zieve, Brodnax & Steele, LLP, Wells Fargo Bank, N.A. s/b/m Wachovia Mortgage, FSB f/k/a World Savings Bank, FSB...

Excerpt: ...was struck by a vehicle driven by defendant Harris and owned by defendant O'Connell, while Harris was in the course and scope of employment. 2. County of Orange v. Harris, OCSC Case No. 2018-01033469 The complaint, filed on 11/19/18 by plaintiff County of Orange against defendants Steven A. Harris, O'Connell Landscape Maintenance, Inc., and Preston Edward Nunez-Ruiz, seeks subrogation for workers' compensation benefits paid to plaintiff Jennifer ...

Excerpt: ...eat and ignite. As a result of the damage, the pole was burned due to a fire which ignited on the Anaheim Utilities Electrical Installation attached to the Pole, causing severe damage to the SCE Pole. MOTION NO. 1, DEMURRER TO FIRST AMENDED COMPLAINT: Plaintiff Southern California Edison Company and defendant City of Anaheim have stipulated to permit plaintiff to file a Second Amended Complaint and that plaintiff will do so once the court has sig...

Excerpt: ...iff alleges that beginning on 2/9/16, Defendant breached the agreement by failing to pay for legal services in the sum of $247,290.44. Plaintiff filed its complaint on 7/24/19 against Defendant. The complaint alleges causes of action for: Breach of Contract; (2) Common Counts; (3) Account Stated; and (4) Quantum Meruit. The case is set for a continued CMC on 1/15/20. No trial date has been set. Analysis: Improper Extrinsic Evidence A demurrer is ...

Excerpt: ... order in the amount of $440,308.14 Moving Party contends as follows: ParPro is a company specializing in electronics manufacturing services in the medical, aerospace/defense, industrial, and computing/communications markets. (K. Knight Decl. in support of Petition [“ParPro Dec.”], Para. 2.) Respondent Rogerson Kratos Corporation [“Rogerson”] is, and has been, a customer of ParPro - particularly with respect to aerospace electronics manuf...

Excerpt: ...onetary sanctions. Motion #2: To compel defendant Artelier to provide further responses to Request for Production of Documents, Set One, Nos. 1-8, 11, 13-24, 27-39, 41-45, 49, 50, 53, 54, 56- 58; and for monetary sanctions. Facts/Overview: On 7/23/18, plaintiff Forespar Productions Corporation [“Forespar”] filed a complaint against defendants Artelier Studio, LLC [“Artelier”], Henry Goldman, Richard Joseph Benveniste, and Joseph Fitzgeral...

Excerpt: ... to Plaintiff's Inspection Demand, Set No. 1, and imposition of $2,134.95 in monetary sanctions against Defendant. Motion No. 3. For issuance of an order deeming Plaintiff's Requests For Admissions, Set No. 1, admitted against Defendant San Jacinto Z, LLC and imposition of $2,134.95 in monetary sanctions against Defendant. Motion No. 4. For issuance of an order deeming Plaintiff's Requests For Admissions, Set No. 2, admitted against Defendant San...

Excerpt: ...iew: On February 5, 2018, Brock Chwialkowski commenced this action against The Vons Companies, Inc. (Vons), Andrew Barker (Barker), and Teresa Benson (Benson), alleging the following six causes of action: 1. Discrimination in violation of Fair Employment and Housing Act (FEHA), Government Code section 12940, subdivision (a); 2. Retaliation for disclosure of veteran status in violation of Labor Code section 1102.5; 3. Hostile work environment in v...

Excerpt: ...C, Danny Prosky and Zohar Prosky as trustees for the Danny & Zohar Prosky Family Trust, Ronald Touchard, Misty Touchard, Alan Rothman, Ticor Title Company of California, Paul Garcia, Mark Attalla, ACER Capital Group, American Cadillac Group, Brokerage International, Inc., JBA Property Investments, LLC, and Brandon Locascio. The SAC in this lead case alleges four C/As: (1) quiet title; (2) cancellation of instrument; (3) slander of title; (4) aidi...

Excerpt: ..., Defendants Joel and Donald Duran hijacked the contents of the Plaintiff's website and used it for their own website. Joel Duran is the apartment manager for Plaintiff's building. His father, Donald Duran, helps him manage the building. B&C Properties is the owner of the apartment building. Plaintiff also alleges that Defendants Joel and Donald Duran hacked into his cellphone and obtained written information and audio; and installed cameras that...

Excerpt: ...t, treble damages, stated amount of punitive damages, and attorneys' fees allegations. Facts/Overview: This is a dispute between lender and borrower concerning a construction loan. Plaintiff Stonewood is in the business of buying, remodeling, and reselling luxury homes. Plaintiff Ditolla is a principal of Stonewood and has executed a personal guaranty of the construction loan. Plaintiff Stonewood acquired a single family residence located at 145 ...

Excerpt: ... Notice of Related Case on 1/11/17 as to Hayes v. GForce, Case No. 15-00826929 before the Industrial Labor Relations Board. Smith and Gforce answered on 2/22/17. The complaint consists of the following causes of action: 1. Fraud 2. Intentional tort – violation of California Labor Code §970 3. Conversion 4. Accounting 5. Common counts 6. Intentional infliction of emotional distress Defendants Rise Smith (Doe 27) and Defendant Century Tree Servi...

Excerpt: ...ful. Plaintiff made demand on 1/15/19 for return of the fees paid, having never used the online account statement access. Her request was refused. Plaintiff filed her complaint against Defendant MUFG Union Bank, NA on 1/17/19, alleging causes of action for: (1) violation of Civ. Code § 1750, et seq.; (2) Violation of Bus. & Prof. Code § 17200; and (3) Violation of Bus. & Prof. Code § 17200. Defendant's default was entered on 2/27/19. The case ...

Excerpt: ...f action for motor vehicle negligence. Defendant Rogan answered the complaint on 1/29/19. The court granted an unopposed motion for trial continuance on 4/10/19. The case is set for trial on 9/30/19. Moving Party contends as follows: On July 18, 2019, Defendant sent a demand to exchange lists of expert witnesses, the exchange to occur on August 12, 2019. On August 12, 2019, the date set for a mutual exchange of expert witness information, Plainti...

Excerpt: ...e 2. General negligence Trial is not yet set. Analysis: Moving Party contends the punitive damages allegations are insufficient to support an award for punitive damages. Plaintiff disagrees. The punitive damages allegations are as follows: As additional damages against Defendant, Matthew W. Meister, Plaintiff allege that Defendant, Matthew W. Meister was guilty of malice, fraud and oppression as defined in California Civil Code §3294, and Plaint...

Excerpt: ...[lead case]. This action was filed on 9/8/16, and the operative pleading – the second amended complaint – was filed on 3/16/18. In it, plaintiff Gainquick LLC has sued defendants JTH Holdings, LLC, Danny Prosky and Zohar Prosky as trustees for the Danny & Zohar Prosky Family Trust, Ronald Touchard, Misty Touchard, Alan Rothman, Ticor Title Company of California, Paul Garcia, Mark Attalla, ACER Capital Group, American Cadillac Group, Brokerage...

Excerpt: ... The hiring, training and discipline of Harris; and 4. The day-to-day responsibilities of Harris at O'Connell Landscape. Defendants O'Connell Landscape and Harris also seek an order “preclud[ing] the discovery” of Harris' private employment personnel records at O'Connell Landscape, specifically with respect to the following requests for production: 1. All documents in Harris' personnel file from 2014 to the present; 2. Harris' employment file...

Excerpt: ... which is the operative pleading , was filed on 8/2918 by plaintiffs Ali Namvar, Pacific Landcare, Inc., and Namvars, Inc. against defendants Habib Ghorbani, Majid Ghorbani, and Sara Ghorbani, contains causes of action for: (1) breach of contract; (2) enforcement of mechanic's lien; (3) common counts; (4) intentional misrepresentation; (5) promissory fraud; (6) concealment; (7) common counts based on a writing; (8) unjust enrichment; (9) conspira...