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2024.05.30 Motion to Expunge Lis Pendens 061
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.30
Excerpt: ... Drive in Malibu. Defendants Pacific Shangrila LLC and ILU LLC's request for judicial notice of the grant deeds for the properties, Exhs. A and B, are GRANTED, as it is a court document under Evidence Code 452(g). The court does admit the documents for their truth. Defendants' objections #1- 2 are SUSTAINED as the declarant lacks personal knowledge of the statements. Any party or a non-party having an interest in the property affected by a notice...
2024.05.30 Demurrer, Motion to Strike 098
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.30
Excerpt: ...red under CCP § 340.5. Sands demurrers contending the FAC is time -barred under the three-year statute of limitations prescribed under the Code of Civil Procedure § 340.5. Sands argues plaintiffs changed the date in the FAC to plead around the statute of limitations. However, this is an improper basis for a demurrer, as it presents the court with factual issues not appropriate for a demurrer. Demurrers test the legal sufficiency of the pleading...
2024.05.29 Motion for Summary Adjudication 909
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.29
Excerpt: ...ross - complained against twenty of its sub-contractors. Titan now moves for summary adjudication against sub-contractor/cross -defendant Edden Glass and Mirror as various causes of action. However, Titan's motion is, in fact, a motion directed a single issue: the existence of Edden's duty to defend. “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more clai...
2024.05.28 Motion to Strike 642
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.28
Excerpt: ...ove to strike the prayer for punitive damages and requests for attorneys' fees. Code Civ. Proc. §§ 435-437. Punitive Damages: A motion to strike is the procedure to attack unjustified punitive damages. (Venice Town Council, Inc. v. City of Los Angeles (1996) 47 Cal.App.4th 1547, 1561-1562.) A complaint including a request for punitive damages must also include allegations showing that the plaintiff is entitled to such an award. (Clauson v. Supe...
2024.05.28 Demurrer, Motion to Strike Punitive Damages 604
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.28
Excerpt: ...orming defendants of r epairs needed, defendants failed to timely make such repairs. Plaintiff claims defendants initiated eviction proceedings in retaliation for his complaints. Defendants demur to the fourth cause of action for intentional infliction of emotional distress and move to strike punitive damages. Intentional Infliction of Emotional Distress “‘The elements of a prima facie case for the tort of intentional infliction of emotional ...
2024.05.23 Demurrer to SAC, Motion to Strike Punitive Damages 393
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.23
Excerpt: ...tion company defendant First Student, and LAUSD special education aide defendant Cage while being transported to school. After a demurrer to the FAC was sustained with leave to amend on October 20, 2023, the matter was transferred to this department. Defendants Parmer and First Student demur to all causes of action in the SAC, except neg ligence, and move to strike punitive damages. Defendant Cage moves to strike punitive damages. Defendants' req...
2024.05.21 Demurrer 217
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.21
Excerpt: ...(1) duty; (2) breach; (3) causation; and (4) damages. County of Santa Clara v. Atlantic Richfield Co. (2006) 137 Cal.App.4th 292, 318. In California, negligence may be pleaded in general terms. Landeros v. Flood (1976) 17 Cal.3d 399, 407 -408. Defendants argue plaintiff's form complaint has not adequately alleged the allegedly negligent conduct. The complaint alleges, at p. 4, GN -1, that the defendants were negligent in their maintenance and ope...
2024.05.20 Motion to Compel Payment of IME Fees, for Monetary Sanctions 556
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.20
Excerpt: ...xamination. Defendant a lso requests sanctions of $840 in connection with bringing this motion. In any case in which a plaintiff is seeking recovery for personal injuries, defendant may demand a physical examination. Code Civ. Proc. §2032.220(a). A defendant may make a demand for physical examination, and the examination shall be scheduled for a date at least 30 days after service. Code Civ. Proc. §2032.220(b), (d). Defendant argues plaintiffs ...
2024.05.16 OSC Re Preliminary Injunction 329
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.16
Excerpt: ...n has been filed. A preliminary injunction will issue if 1) moving party is likely to suffer greater injury from a denial than the non- moving party is likely to suffer from its grant, and 2) a reasonable probability that the moving party will prevail on the merits. IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 69-70. When a strong showing is made on one of these two elements, the showing as to the other element does not need to be as stron...
2024.05.16 Motion for Undertaking 447
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.16
Excerpt: ... will prevail. “When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking.” Code Civ. Proc. §1030(a). Plaintiff will not be required to file an undertaking unless “there is a reasonable possibility that the moving defendant will obtain judgment in the action or spe...
2024.05.15 Special Motion to Strike 144
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.15
Excerpt: ...ret misappropriation and to prevent further alleged misuse of confidential information. FG alleges: (1) breach of contract; (2) breach of the duty of loyalty; (3) misa ppropriation of trade secrets; (4) receipt of stolen property; (5) unfair competition; and (6) interference with prospective economic advantage. Whitfield & Wakefield cross-complained against FG and its owner Ferrazzi alleging: (1) fraud in the inducement (by Whitfield against FG);...
2024.05.14 Motion for Attorney Fees 618
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.14
Excerpt: ...n 38.2 hours at a market rate of between $550 and $800 an hour with an enhancement/multiplier, for a total of 38.2 hours at $1,100 an hour for a subtotal of $42,020; plus an additional $7,150, representing a total 13 hours incurred and estimated at the lower end $550 an hour without enhancement for the time relating to the making of the motion for attorney's fees. Judicial Notice Robles requests the Court to take judicial notice of the follow...
2024.05.13 Motion to Compel Arbitration 136
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.13
Excerpt: ...Quantinal moves to compel arbitration pursuant to the agreements. California public policy strongly favors arbitration as an efficient alternative to litigation. Code Civ. Proc. §1280, et seq., Madden v. Kaiser Found. Hosps. (1976) 17 Cal.3d 699, 706. There is a liberal federal policy favoring arbitration, requiring arbitration agreements to be on equal footing with other contracts and requiring courts to resolve doubts as to whether a dispute f...
2024.05.09 Special Motion to Strike 848
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.09
Excerpt: ...a municipal code violation claim against the neighbors. Plaintiff alleges negligence, negligent supervision, negligence per se, vicarious liability and declaratory relief against defendants City and the employee defendants. Defendants file an anti -SLAPP motion to strike the first and third through fifth causes of action and a demurrer to the complaint. Special Motion to Strike (Anti- SLAPP) Courts resolving an anti -SLAPP motion under Cal. Civ. ...
2024.05.09 Motion to Strike 187
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.09
Excerpt: ...r Park Properties, LLC (Los Angeles Superior Court Case No. BC339033) (“Original Action”). Plaintiff is the assignee of KGMAC, LLC. Dickens and Victor Noval Sr. (“Noval Sr.”) were managing members of Tower Park when judgment was entered in the Original Action. In 2008 Dickens and Noval Sr. filed for Chapter 11 bankruptcy protection for Tower Park. One of Tower Park's assets is the “Mountain,” 157 acres in Beverly Hills. With the Mount...
2024.05.09 Motion to Set Aside Default Judgment 101
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.09
Excerpt: ...defendant Schwarz. Defendant alleges she vacated the premises from 2/12/23-4/23 due to mold, water and fire damage at the property. Schwarz decl., para. 3. Defendant was allegedly substitute served on 5/20/23. Per the process server Alpisa, a Jane Doe was served. Defendant Schwarz alleges she was in Cannes, France at that time (5/14/23-5/23/23) and had no co- occupants. Schwarz decl., para. 5. Defendant argues the proof of service is false, as sh...
2024.05.08 Petition for Relief from Claim Presentation Requirements of Government Code 120
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.08
Excerpt: ...ew respondents”) during a protest in Santa Monica on May 31, 2020. Petitioner failed to present a claim against new respondents within the six -month period provided by Gov. Code section 911.2 due to alleged inability to identify those law enforcement officers as being from a department other than the City of Santa Monica. Petitioner timely filed a claim for damages with the federal court on July 7, 2020, against Santa Monica and filed a compla...
2024.05.07 Demurrer, Motion to Strike 829
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.07
Excerpt: ...ve damaged plaintiffs' retaining wall. Complaint ¶13 -17. Defendant Fadia cross- complained alleging negligence; breach of CC& Rs; slander of title; and permanent trespass. Defendant alleges the retaining wall was not build in compliance with the CC&Rs, and plaintiffs failed to maintain the wall. Cross -Compl. ¶14- 17. Fadia demurs and moves to strike. Demurrrer Nuisance Fadia argues the claim is barred by the statute of limitations, as the all...
2024.05.06 Motion for Leave to Amend Complaint 196
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.06
Excerpt: ...ings at any time. Desny v. Wilder (1956) 46 Cal.2d 715, 751. Leave may be denied when the party seeking amendment delayed without justification. Melican v. Regents of Univ. of Calif. (2007) 151 CA4th 168, 176. A motion for leave to amend must state when the facts giving rise to the amended allegations were discovered and the reasons why the request for the amendment was not made earlier. Cal. Rules of Court 3.1324(b). A court can deny leave to am...
2024.05.06 Motion for Attorney Fees 128
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.06
Excerpt: ...improperly submitted supplemental briefing without leave of court and the initial opposition was untimely. The court has discretion to overlook late -served papers and resolve the matter on the merits. E.g., Cal. Rules of Court, rule 3.1300(d); Gonzalez v. Santa Clara County Dept. of Social Services (2017) 9 Cal.App.5th 162, 168. Leong submitted the initial opposition for the sole purpose of requesting a continuance. Leong objects to the Olsen de...
2024.05.03 Demurrer 082
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.03
Excerpt: ...rimination (FEHA); (2) hostile work environment (FEHA); (3) retaliation (FEHA); (4) failure to prevent discrimination, harassment and retaliation (FEHA); (5) retaliation (Labor Code §1102.5); (6) retaliation (Labor Code §98.6); (7) retaliation (Labor Code §6310; (8) wrongful termination; (9) sexual battery; (10) gender violence; (11) negligent supervision and retention; and (12) intentional infliction of emotion distress. Plaintiff was employe...
2024.05.02 Special Motion to Strike TACC 214
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.02
Excerpt: ...e by's International. On July 5, 2023 the parties represented to the court that a settlement agreement had been signed. On December 20, 2023 this court denied Kaplan's motion to enforce settlement on the grounds that Elaine Cohen had not signed the agreement. Kaplan filed a Third Amended Cross -Complaint (TACC) on January 26, 2024, adding claims for breach of settlement agre ement, negligent misrepresentation and fraud against the Cohens and thei...
2024.05.02 Demurrer to SAC 581
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.02
Excerpt: ... . . . to apprise the defendant of the basis on which the plaintiff is seeking relief.” E.g., Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6. The SAC fails to address the deficiencies the court identified in the FAC. All causes of action in the SAC are alleged with a similar formula as the FAC. All preceding paragraphs are re- alleged, and plaintiff states defendant engaged in conduct constituting the elements of the claim. This is insuff...
2024.05.01 Demurrer to FAC, Motion to Strike 183
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.01
Excerpt: ... to strike punitive damages. The court sustained a demurrer on 12/15/23. The FAC includes new allegations that an arborist opined the vine is injurious to health, and a structural engineering firm opined the hot water eruption caused structural damage to Hill's home. FAC ¶¶ 36 -37. Per Cal. Civ. Code §841(b)(2), “[a]djoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them[,]” a...
2024.04.30 Motion to Strike Special and Punitive Damages 402
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.30
Excerpt: ... and punitive damages to allow for supplemental briefings. Special Damages (Emotional Damages) Generally, absent physical injury, a cause of action for negligence based on property damage cannot give rise to an award of special damages for emotional distress. Lili Butler-Rupp, et al. v. Lourdeaux (2005) 134 Cal.App.4th 1220, 1228. Emotional distress damages are available when a plaintiff alleges trespass to chattels based on intentional injury to...

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