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: ...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: ...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: ...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: ...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...