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