Excerpt: ...har Prosky Family Trust; (4) Defendant Stewart Title of California, Inc.; and (5) Defendant Val-Chris Investments, Inc. (Val-Chris has filed a notice of joinder in all oppositions to this motion). Facts/Overview: This action involves two consolidated cases: 1. Gainquick LLC v. JTH Holdings, LLC, OCSC Case No. 2016- 00874017 [lead case]. This action was filed on 9/8/16, and the operative pleading – the second amended complaint – was filed on 3...

Excerpt: ...ndants 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. Plaintiff alleges that property owner/operator Defendants knew the three assailants were likely to injure or attack people and that they did no...

Excerpt: ...serve responses by mail, with return receipt, no later than August 26, 2019. The court's file does not contain any evidence that Mr. Senga responded to the subject discovery. At today's hearing, if Moving Party has submitted proof of timely service of the discovery requests, and if there is no proof of compliance by Responding Party, the court intends to confirm the tentative ruling as its final ruling. If Mr. Senga submits proof of timely compli...

Excerpt: ...de Medical Center; Sun Haven Care, Inc., dba Terrace View Care Center, erroneously sued and served as “Terrace View Care Center”; Front Porch Communities and Services, dba Walnut Village Care Center; Iksoo Kang, M.D.; Keith Mullins, M.D.; and Michael Kulcycki, D.O. (collectively, defendants), alleging two causes of action for (1) medical malpractice and (2) elder abuse. Two motions for summary judgment/adjudication are currently scheduled for...

Excerpt: ...he 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) aiding and abetting slander of title. The case concern...

Excerpt: ... invest $1.25 million in a “Private Placement Program,” referred to as a trade program, through Defendant Group 7 Asset Services Group, LLC. In exchange for the investment, Plaintiff was to receive 12 monthly payments (which ended up being $56,000.00/mo. lower than promised), a full return on his investment, as well as anticipated $8 million in profits. Plaintiff's investment was wired to attorney Ray Holland and deposited into a bank account...

Excerpt: ...on 1793.2(d) 3. Violation of CC section 1793.2 (A)(3) 4. Breach of express written warranty 5. Breach of the implied warranty of merchantability 6. Fraud Trial has not been set. DEMURRER Defendant demurs to the 3 rd, 4 th 5th, and 6 th causes of action. Analysis: Third Cause of Action for Violation of Civil Code §1793.2(a)(3): Under Civil Code §1793.2(a)(3), “Every manufacturer of consumer goods sold in this state and for which the manufactur...

Excerpt: ...y on 4/6/18 when she was involved in an accident. Defendant John Roe was the first officer on the scene following the accident. While Roe was investigating the accident, he sexually assaulted the Plaintiff, groping her breasts and buttocks. It is alleged that Defendant CHP negligently hired, trained, and supervised Roe, and that it was aware of prior incidents by Roe sexually assaulting women in the course and scope of his job as a patrol officer...

Excerpt: ... barred by the doctrine of primary assumption of risk. 3. Plaintiff's First Cause of Action is meritless as Plaintiff cannot establish all of the essential elements of this cause of action, specifically the element of the existence of a dangerous condition of public property. 4. Plaintiff's First Cause of Action is meritless as Plaintiff cannot establish all of the essential elements of this cause of action, specifically the element of the Distri...

Excerpt: ...ian has prescribed a stair-lift device, which MP is informed and believes costs about $15,000.00. (Id.) MP does not have the means to purchase the chair lift without assistance. (Id.) MP also has numerous health issues which are significant based on her age. These include hearing loss, memory impairment, numbness in extremity, back pain, joint swelling, knee problems, leg pain, lower back pain, hypertension, arthritis, anemia, and shortness of br...

Excerpt: ...ract, (2) fraud, and (3) accounting. On October 3, 2018, the court granted defendant's motion to compel arbitration and ordered the parties to meet and confer in an effort to agree on an arbitrator. On November 13, 2018, the court appointed the Hon. Mary Fingal Schulte (Ret.) as the arbitrator over the subject controversy, pursuant to the parties' stipulation. An ADR review hearing is currently scheduled at the same time as the hearing on this ma...

Excerpt: ...ith Robert E. Zuckerman to develop residential units on the property. Zuckerman formed San Jacinto 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 represen...

Excerpt: ...juries. Plaintiffs filed their complaint against Defendant Elizabeth Hernandez on 8/28/18, alleging causes of action for: (1) Negligence; and (2) Loss of Consortium. On 12/28/18, Plaintiffs amended their complaint to name Vanessa Reece Hernandez as DOE Defendant 1. Plaintiffs filed a First Amended Complaint on 5/16/19 against Defendant Elizabeth Hernandez, alleging causes of action for: (1) Negligence; and (2) Loss of Consortium. The FAC is the o...

Excerpt: ...t he was sexually harassed and molested by defendant Bruce, a former teacher who was employed by defendant AUHSD, during 2009-2011 while plaintiff was a middle school student. Both defendants have answered. On 1/10/19, the court granted defendant AUHSD's motion for summary adjudication as to the 3 rd C/A for sexual harassment. On 3/13/19, the court denied without prejudice plaintiff's motion for leave to file an amended complaint to substitute as...

Excerpt: ...ion for: (1) motor vehicle negligence; and (2) general negligence. Plaintiff alleges personal injuries and damages after she was struck by a vehicle driven by defendant Harris and owned by defendant O'Connell, while in course and scope of the former's 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 Mainten...

Excerpt: ... 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 violation of FEHA, Government Code section 12940, subdivision (j); 4. Wrongful termination in violation of Government Code section 12940, subdivision (a); 5. Discrimination against member of mil...

Excerpt: ...orm certain surveying work at the project, entered into on or about August 22, 2013 (See FAC ¶¶ 1, 5, 8, 11, 18, Exh. B.) AWI alleges Defendant Pockman is TDR's CEO and Defendant Shank is TDR's CFO and secretary, and that both individuals are also parties to the Agreement as an “apparent assignee[s].” (Id. ¶¶ 2, 4, 5, 11, Exh. B.) AWI alleges Defendants have breached the Agreement by, among other things, performing deficient surveying wor...

Excerpt: ...amily 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) aiding and abetting slander of title. The case concerns a property in Newport B...

Excerpt: ...$530,000.00 of the contract price, that the initial contractor was unlicensed. Plaintiff retained a new contractor to complete the remodel and repair substandard work. The second contractor, Lee, stated he could do the work for $190,000.00, but then Lee introduced Plaintiff to Defendant D2S, who could finish the job for roughly ½ the price. Plaintiff ended up paying Defendant DS2 $162,682.31. Ultimately, Plaintiff found that the remodeling work ...

Excerpt: ...ns and prayer. 3. An order expunging lis pendens Facts/Overview: This is wrongful foreclosure action. The complaint consists of the following causes of action: 1. Lack of title and standing 2. Negligent misrepresentation 3. Promissory estoppel 4. Breach of implied duty of good faith and fair dealing 5. Violation of CCs 2924.14 and 2923.55 6. Violation of homeowners' bill of rights 7. Violation of Business & Professions Code, § 17200 8. Cancellat...

Excerpt: ...lief. He contends that he holds a 100% ownership interest in MGH Painting Inc. and that his ex-girlfriend, Defendant Uliana Kozeychuk, has no ownership interest therein. She claims that he orally promised her a 1/3 ownership interest. On 8/13/18, Ms. Kozeychuk filed her own action, Kozeychuk v. Honetschlager, Case No. 2018-1011885. (See Plaintiff's RJN at Ex. 1.) Her complaint alleges five causes of action for: 1. Breach of Oral Partnership Agree...

Excerpt: ...lle Contreras and Ramon Flores (collectively, defendants), alleging two causes of action for (1) motor vehicle negligence and (2) general negligence. This is a personal injury action arising out of two separate auto collisions occurring within 30 days of each other. Plaintiff alleges defendant Contreras negligently rear-ended her on May 31, 2016, causing plaintiff to sustain injuries and damages. Plaintiff alleges that while she was still sufferi...

Excerpt: ...ed a first amended complaint against the same defendants alleging the following seven causes of action: 1. Declaratory relief, 2. Breach of contract, 3. Breach of implied covenant of good faith and fair dealing, 4. Fraud – concealment, 5. Accounting, 6. Unjust enrichment, and 7. Unlawful and unfair business practices in violation of Business and Professions Code section 17200 et seq. On June 5, 2019, defendants answered the first amended compla...

Excerpt: ...ager of the TJ Maxx store in which Plaintiff worked. Plaintiff alleges that there was an effort by management to “whitewash” the store, with employees being instructed to not converse in Spanish. Plaintiff attempted to bring this to the attention of TJ Maxx's Human Resources Department, but there was no response and no investigation. After requesting a brief amount of time off to recover from surgery, Plaintiff's employment was terminated on ...

Excerpt: ...raud; (6) concealment; (7) common counts based on a writing; (8) unjust enrichment; (9) conspiracy; (10) request for accounting; and (11) breach of the implied covenant of good faith and fair dealing. In essence, plaintiffs allege that defendants breached oral and written contracts for construction work on defendants' residence. An answer to the TAC was filed on 11/20/18 along with a cross-complaint by defendant / cross-complainant Habib Ghorbani...

Excerpt: ...he vehicle. He contends he suffered a fracture of his hand and a bloody face as a result of the encounter. The demurrer is unopposed. Analysis: The entire body of the complaint reads as follows: I was pulled over for broken tail light by Santa Ana Police Dept. They violated my fourth amendment rights by pulling me out of my car without probable cause. I was handcuffed, searched and beaten up resulting in a fracture of my hand and a bloody face. M...

Excerpt: ...Aspen Medical Products. The complaint alleges 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); and (6) Failure to Prevent Harassment (FEHA). No trial date has been set. Analysis: Timeliness As Responding Party concedes, his opposition was untimely filed. The court has discretion to not consider late fi...

Excerpt: ...9 Cal.3d 311, 318.) “The hearing on demurrer may not be turned into a contested evidentiary hearing through the guise of having the court take judicial notice of affidavits, declarations, depositions, and other such material which was filed on behalf of the adverse party and which purports to contradict the allegations and contentions of the plaintiff.” Page 2 of 3 (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 605....

Excerpt: ...d her late husband. The causes of action alleged are: 1. Breach of promissory note 2. Common count: money lent 3. Accounting. On 3/19/18, defendant filed a cross-complaint against his ex-wife (daughter of plaintiff), known as Nikki, for: 1. Indemnification 2. Partial equitable indemnity 3. Equitable contribution 4. Apportionment of fault 5. Declaratory relief A jury trial is set on 11/18/19. Moving Party contends as follows: At the outset of this...

Excerpt: ...amily 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) aiding and abetting slander of title. The case concerns a property in Newport B...

Excerpt: ...nt Excel was advised that it was the successful bidder for the scrap. The terms of the bid required Excel to start moving the scrap within two days and pay the bid price two days after taking possession of the scrap. Excel timely removed the scrap, re- sold it to a third party, and failed to timely pay the City. The parties agreed that Excel would pay the bid amount over time at the rate of $10,000.00/mo. Excel made one and one-half payments and ...

Excerpt: ...ion of the Automobile Dealers' Day in Court Act (15 U.S.C. §1222). On March 4, 2019, the court granted defendants' motion for nonsuit, and on March 25, 2019 judgment was entered. The judgment decreed that defendants were the prevailing parties, that Surf City “shall take nothing” by way of its complaint, and that defendants were entitled to costs. Moving Parties contend as follows: Defendants are the prevailing parties and are entitled to th...

Excerpt: ...n Alicia Parkway on 6/13/16, when a vehicle owned by Defendant Edward H. Kang and driven by Defendant Joy Haeran Kang collided with Plaintiff's vehicle, causing him personal injuries. Plaintiff filed his complaint against Defendants Edward H. Kang and Joy Haeran Kang on 6/8/18. The complaint alleges causes of action for: (1) Negligence; and (2) Negligence Per Se. Defendants answered the complaint on 9/4/18. The case is set for trial on 9/30/19. M...

Excerpt: ...contends that although the sheriff later returned most of plaintiff's personal property, the Mustang was not returned. Plaintiff contends the sheriff told him the car had been “lost.” The complaint consists of one cause of action for negligence and one cause of action for intentional tort. The County of Orange has been dismissed from this case. Plaintiff contends defendant Kenny's Auto Service was the entity that took possession of the 1965 M...

Excerpt: ...ong with not 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 Brea...

Excerpt: ...1.29 purchase price for the vehicle and extra warranties. The vehicle loan terms required monthly payments of $678.00. Defendant defaulted in repayment of the vehicle loan by failing to make the 7/1/18 payment. Plaintiff alleges that the unpaid balance due is $25,790.65 as of 1/29/19. Plaintiff filed its complaint against defendant Hussein A. Bard, aka Hussein Bard, on 10/29/19, alleging causes of action for: (1) Claim and Delivery; and (2) Breac...

Excerpt: ...r GM) alleging the following three causes of action: 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, and 3. Breach of the Song-Beverly Act, Civil Code section 1793.2. This is a lemon law action arising out of plaintiffs' purchase of a new 2015 GMC Yukon XL on April 4, 2015. Plaintiffs allege defendant has failed to conform the ve...

Excerpt: ...eclaration: Shintaku is a BMW customer support engineer. He has only “reviewed file materials for this case.” He doesn't say what those file materials are. He doesn't say that his position at BMW would qualify him to give any testimony which he does. Much of his testimony is based on his “understanding or information and belief.” [Shintaku Declaration, ¶1] He states BMW “does not conduct internal analysis or investigations” and so th...

Excerpt: ...s as follows: The discovery was properly served on 4/5/19. Responses were due on 5/10/19. No responses have been received, and no extensions were requested or granted. The motion is unopposed. Analysis: The proof of service is good. The moving papers fully support the relief requested. Specifically: Code Civ. Proc., §708.030 provides the authority for propounding request for production of documents. It states: (a) The judgment creditor may deman...

Excerpt: ...s of $1,560.00. Facts/Overview: The operative pleading in this lawsuit, which was originally filed on 1/9/18, is the third amended complaint [TAC]. Plaintiffs are Ali Namvar, Pacific Landcare, Inc., and Namvars, Inc. The TAC includes C/As 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 enri...

Excerpt: ...eed in excess of the limit when her vehicle left the traffic lane and collided with a City water pump and then with a bus stop sign. Investigating officers determined that the cause of the single car accident was that Petitioner was operating her vehicle under the influence of alcohol. Petitioner exhibited objective signs of intoxication and, during the investigation, admitted drinking previously. Petitioner refused a chemical test on the scene a...

Excerpt: ...a business entity, form unknown; (5) Boeing Test and Engineering, a business entity, form unknown; (6) Enterprise Core Organization, a business entity, form unknown; (7) Gregory Gracey; (8) Heidi Capozzi; (9) Jeffrey Recktenwald; (10) Peter Rosenbloom; (11) Chris Roshak; (12) Phillip Downs; (13) Richard Harwin; (14) Steve Glogoza; (15) Amy Bartram; (16) Gina Kim; (17) Erica Maloney; (18) Joann Urtula. Plaintiff's complaint alleges 15 C/As: (1) di...

Excerpt: ...sky 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 the lead case alleges four C/As: (1) quiet title; (2) cancellation of instrument; (3) slander of title; (4) aiding and abetting slander of tit...

Excerpt: ...d several written warranties as outlined in the Manufacturer's Warranty Booklet. It turns out that Plaintiff was purchasing the Vehicle for use by Nestor Morales, his brother in law. Mr. Morales reimburses Plaintiff for the monthly loan payments for the Vehicle and the vehicle registration fees. Shortly after taking possession of the Vehicle, Plaintiff Felix alleges that he experienced the defects listed below, and that the defects substantially ...

Excerpt: ...sponses to special interrogatories, set one; and for sanctions against plaintiffs and their counsel in the amount of $2,530.00. Facts/Overview: This is a lawsuit claiming a breach of the implied warranty of habitability and constructive eviction. Plaintiffs allege they rented an apartment from defendants. During plaintiffs' tenancy, defendants began construction on other units in the complex. One of the construction workers allegedly negligently ...

Excerpt: ...e. On June 24, 2019, the parties timely filed a joint separate statement as to those issues that remain. The four motions, brought by plaintiff Brock Chwialkowski against defendant The Vons Companies, Inc., are as follows: 1. Motion to Compel Further Responses to Requests for Production, Set One, 2. Motion to Compel Further Responses to Requests for Admission, Set One, 3. Motion to Compel Further Responses to Form Interrogatories – General, Set...

Excerpt: ...tion of $900.00 in monetary sanctions against Plaintiff Joseph G. Custer. The case is set for trial on 06/24/19. Moving Parties contend as follows: The subpoenas are defective because they were issued on 5/6/19, with a production date for 5/22/19. However, Defendants were not notified until almost 6:00 pm on 5/17/19, in violation of CCP §2025.270(a). Moreover, because the records subpoenas seek Defendants'' consumer and employee records, Plainti...

Excerpt: ...w: On February 5, 2018, Brock Chwialkowski commenced this action against The Vons Companies, Inc., Andrew Barker, and Teresa 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 violation of FEHA, Governmen...

Excerpt: ...ortly after taking possession of the vehicle, Felix experienced the defects listed below. This substantially impaired the use, safety and/or value of the BMW. Defects included:  defective transmission,  defective electrical system,  “any additional complaints made by Plaintiff, whether or not they are contained in the records or any repair orders. [Complaint, ¶10] These defects violated the express written warranties issued by BMW, as...

Excerpt: ...t it contracted with defendant to remodel defendant's shopping center in Tustin and that defendant breached the contract by failing to pay for all services and materials, including numerous changes requested by defendant. An answer to the TAC was filed on 10/10/18. On 4/23/19, plaintiff filed a Doe Amendment, naming Tustin Center, LLC as Doe 11. A jury trial is set on 10/7/19. Plaintiff seeks an order compelling defendant Famouri's Associates to ...