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: ...ed; No billing records of who did what work; A reduction in requested fees seems appropriate; Grant fees in the amount of $4390 plus costs of $229.20; Leave to File Amended Complaint Pltf admits that the principal reason she seeks leave is to add real property causes of action in order to re-file a lis pendens; Real property claims have not been stated in the 6 th and 7 th causes of action; The facts alleged do not show that Western Tap had a leg...

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: ...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: ...timony of nine Ford employees taken in other matters. The Court has not yet ruled on this motion, although in other related cases pending in Orange County Superior Court, substantially identical motions in limine have resulted in some, but not all, of this testimony being held inadmissible. The present dispute focuses on the writ petition pending before the Court of Appeal, Second District, Division One in Berroteran v. Superior Court (B296639) (...

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: ...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: ...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: ...term durations extending through 2020, only to terminate the Agreement without cause thereafter. Experian further misled Prancer by misrepresenting the grounds of the termination as for cause and refusing to provide Prancer with its rationale for terminating its contract to this day. (FAC, ¶ 48.) This Court previously found Experian properly terminated the Agreement under Section 2 of the STAC and Section 2 of the Consumer Services Schedule. (Se...

Excerpt: ...on for Summary Adjudication is also DENIED. The Court considers this as a Motion for Summary Judgment only. To the extent the Separate Statement purports to support a motion for summary adjudication, it does not comply with California Rule of Court Rule 3.1350(b). The “issues” are not stated specifically in the Motion and then stated, “verbatim,” in the Separate Statement. This is a ground for denial of the Motion for Summary Adjudication...

Excerpt: ... include, but are not limited to, the following: . . [¶] (d) Failing to respond or submit to an authorized method of discovery.” Code of Civil Procedure section 2023.030, subdivision (c), provides, “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the followin...

Excerpt: ...must expressly find facts that establish, among other things: (1) there exists an overriding interest that overcomes the right of public access to the record; (2) the overriding interest supports sealing the record; and (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed. (Cal. Rules of Court, rule 2.550, subd. (d).) The party moving to have a record sealed bears the burden of proving s...

Excerpt: ...of Holistic Healing in contempt of the TRO and Preliminary Injunction Order is denied without prejudice. Defendant Adam's request for judicial notice is granted. As an initial matter, the court finds that it has jurisdiction over Defendant Adam. (Donovan v. Superior Court (1952) 39 Cal.2d 848, 851; see also Darden v. Superior Court (1965) 235 Cal.App.2d 80, 82 [a general appearance by filing a response to a contempt citation precludes the contemn...

Excerpt: ...et its burden to show a written arbitration agreement exists that covers plaintiff's claims and is governed by the FAA. (See Code Civ. Proc., § 1281.2; see also Rosenthal v. Great Western Fin. Securities Corp. (1996) 14 Cal.4th 394, 413 [elements]; Shepard v. Edward MacKay Enterprises, Inc. (2007) 148 Cal.App.4th 1092, 1101 [FAA]; see also Remy decl. ¶¶ 4-6 & Ex. A.) Plaintiff does not dispute signing the agreement. His failure to recall doing...

Excerpt: ...nts contained in the court's records. (Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564.) The Court DENIES Defendant's request for judicial notice of Exhibits 2 through 6 on the grounds the exhibit are not properly authenticated and the exhibits are not relevant to the issues on demurrer. (See Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4 th 26, 45, FN9; see also Gbur v. Cohen (1979) 93 Cal. App. 3d 296, 301.) As to the 1 st cause ...

Excerpt: ...ime limit for bringing a motion to compel further responses to a document demand is 45 days from the service of a verified response. The statutes are ambiguous as to whether their 45-day deadlines are applicable to a response that is made up only of objections and therefore need not be verified. There is no known authority on this point. Motion to Compel Answers, Cal. Practice Guide, Civ. Proc. Before Trial, Ch. 8F-7, §8:1150.8. However, since r...

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: ...shall be filed on or before August 14, 2019. If a revised settlement agreement and/or notice is submitted, a redline showing all changes, deletions, and additions must be submitted as well. 1. The Settlement and Release (“SAR”) recites, and all parties agree, that there are 30 aggrieved employees. Plaintiffs' moving papers and Defendants' joinder papers say that Defendants determined this to be the number, yet there is no explanation of how i...

Excerpt: ... well. 1. In its May 3, 2019 minute order, the Court noted that the aggrieved employees' release “may not extend to future claims by aggrieved employees for wages and other ‘victim-specific' remedies, even those that can be characterized as part of a ‘civil penalty' recoverable under Labor Code § 558 and that are recovered as part of the settlement of this action.” (ROA 22.) Section 4 of the revised settlement agreement nonetheless relea...

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: ... under the False Claims act does not change the analysis; Deny. ...