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