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2023.02.03 Demurrer to FAC 098
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.02.03
Excerpt: ...her requests for reasonable accommodations, and the hotel and its amenities were inaccessible and/or dangerous. Defendant Palmetto Hospitality demurs to causes of action for intentional infliction of emotional distress and false imprisonment. Intentional Infliction of Emotional Distress (IIED) A cause of action for intentional infliction of emotional distress requires conduct “so extreme as to exceed all bounds of that usually tolerated in a ci...
2023.02.02 Special Motion to Strike 130
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.02.02
Excerpt: ... complaint (TACC), containing causes of action for negligent infliction of emotional distress and abuse of process. Aimco moves to strike under California's anti-SLAPP statute. Courts resolving an anti-SLAPP motion under Cal. Civ. Code §425.16 must follow a two-step process. Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 733. In the prong one, the court determines whether the conduct underlying plaintiff's cause of action arises from t...
2023.02.01 Motion to Strike Claim for Punitive Damages 212
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.02.01
Excerpt: ...im harassing messages, interfering with his business relationships and damaging and/or stealing property. Vandenberg cross-complained, alleging Hall threatened and intimidated her, prevented her from accessing anxiety medication, kicked her out of their shared residence, and interfered with her business relationships. Hall moves to strike Vandenberg's request for punitive damages. If a plaintiff seeks punitive damages but does not specifically al...
2023.02.01 Motion for Summary Adjudication 427
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.02.01
Excerpt: ...against Bestland, alleging a contractual duty to defend, indemnify and hold harmless and moves for summary judgment, arguing Bestland failed to defend. Bestland's contract with Oh obligates it to “defend, indemnify and hold harmless Owner from and against any claims, allegations, damages, awards, judgments and expenses of any kind or character . . . which may arise out of or result from in whole or in part from Contractor, Contractor's subcontr...
2023.01.31 Motion to Set Aside Default Judgment 941
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.01.31
Excerpt: ...s unavailable when more than six months pass after the entry of default; relief under §473.5 becomes unavailable the earlier of two years after the entry of default judgment or 180 days after written notice that default judgment has been entered. Aldrich v. San Fernando Valley Lumber Co. (1985) 170 Cal.App.3d 725, 735 fn. 3. A court may vacate default on equitable grounds, such as extrinsic fraud or extrinsic mistake, even if statutory relief is...
2023.01.31 Motion for Preliminary Injunction 556
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.01.31
Excerpt: ...om the property. Landlord Tana moves for a preliminary injunction, asking the court to order the De Julios to remove all personal possessions, so she can make repairs and rent the property. 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. ...
2023.01.27 Demurrer to TAC 035
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.01.27
Excerpt: ...ve to amend as to the nuisance cause of action. Plaintiffs' third amended complaint contains a single cause of action for private nuisance. Defendants demur. A cause of action for private nuisance requires plaintiff to show “substantial actual damage.” This is based an objective standard which considers “effect . . . the invasion [would] have on persons of normal health and sensibilities living in the same community[.]” Additionally, plai...
2023.01.26 Motion for Summary Judgment 051
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.01.26
Excerpt: ...n denying summary judgment on the grounds that there was a triable issue of fact regarding the issue of collapse. After oral argument, the court again continued and requested further supplemental briefing as to disputed fact #3 stating defendant's administrator allegedly told plaintiff the remaining portion of the balcony still attached to the property should be “professionally secured,” section E8A2 of the policy stating “[a] building or a...
2023.01.25 Motions for Attorney Fees, to Strike 806
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.01.25
Excerpt: ...tion. Doe seeks attorney's fees for prevailing on the anti-SLAPP motion and subsequent appeals, via two separate motions. The first motion seeks $231,606.25 for work by Martinez Law Group in the trial and appellate courts. The second seeks $750,000 for Sidley Austin and Bryan Cave's work before the Supreme Court. These motions were continued from November 30, 2022. Motion to Strike Plaintiff moves to strike references in defendants' opposition to...
2023.01.23 Motion for Judgment on the Pleadings 958
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.01.23
Excerpt: ...ber, on the grounds that Houck's cause of action for adverse possession had not yet been adjudicated. 3/25/2022 minute order, pg. 2. On September 22, 2022 during court trial, the court granted Barber's motion for nonsuit as to the cause of action for adverse possession. At the conclusion of trial, the court ruled Barber owns the disputed area. Barber renews his motion for judgment on the pleadings as to trespass to timber. Houck filed no oppositi...
2023.01.17 Demurrer, Motion to Strike 951
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.01.17
Excerpt: ...d negotiated its purchase on D&K's behalf; United alleges D&K failed to pay the contractual fee. Defendants demur and move to strike. At the time the demurrer was heard, the motion was unopposed. The court issued a tentative ruling granting the motion in part and denying it in part. The court declined to issue a final ruling and continued the hearing to allow plaintiff to file an opposition. The court will only address the portions of the demurre...
2023.01.13 Motion to Reclassify Unlimited Civil Case to Limited Civil Case 519
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.01.13
Excerpt: ...ues for breach of the warranty of merchantability under Cal. Civ. Code §1791 et seq., the Song-Beverly Act. Defendant McLaren Automotive (MAI) argues discovery revealed Eckhaus suffered no damages, making no lease payments or incurring any other expenses related to the vehicle. MAI argues the case must be reclassified as limited civil. A limited civil is case where the value of the property in controversy amounts to $25,000 or less. Cal. Code of...
2023.01.05 Motion to Strike 716
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.01.05
Excerpt: .... Denali moves to strike Brandt's requests for punitive damages and some statutory damages. Punitive Damages A request for punitive damages must be supported by clear, specific allegations of fraud, malice, or oppression. Hilliard v. A.H. Robbins Co. (1983) 148 Cal.App.3d 374, 392. A properly pleaded cause of action for wrongful eviction is sufficient to support a prayer for punitive damages. Stoiber v. Honeychuck (1980) 101 Cal.App.3d 903. Brand...
2022.12.07 Motion for Summary Adjudication 455
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2022.12.07
Excerpt: ...radi argues there is a triable issue of fact as to whether payment of the guarantee was conditioned on Javaherian providing $300,000 after a capital call. After oral argument, the parties submitted supplemental briefs regarding the capital call. The agreement states Moradi would guarantee loans made to three of his entities “in consideration of Javaherian providing the additional funding[.]” Guaranty Agreement pg. 1. The term “additional fu...
2022.12.07 Demurrer 782
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2022.12.07
Excerpt: ...ispute for $100,000. Framing Specialists alleges the Crisp defendants hacked into Pacificore's email and fraudulently redirected Pacificore's settlement payment into a Crisp Bank of America (BofA) account. Framing Specialists sued BofA for approving the allegedly fraudulent wire transfer, and Pacificore cross-claimed on the same grounds. BofA demurs. The court did not receive an opposition from either Pacificore or Framing Specialists, and BofA f...
2022.12.06 Special Motion to Strike 467
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2022.12.06
Excerpt: ...th her. Visconti claims Pinto made a false domestic violence report against her, leading to her arrest. Pinto allegedly used Visconti's arrest to extort her into dropping domestic violence allegations against him. Pinto moves to strike the cross-complaint under the anti-SLAPP statute, arguing the domestic violence police report constitutes protected activity. Evidentiary Objections All Pinto objections to exhibits SUSTAINED for lack of authentica...
2022.12.06 Petition to Compel Arbitration 178
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2022.12.06
Excerpt: ...t-published case, Davis v. Shiekh Shoes, LLC No. A161961, 2022 WL 1654189. The court has reviewed the supplemental briefing and rules as follows. The Davis court found waiver of the right to arbitrate cannot be conditioned on a showing of prejudice. Id. at *7. Unreasonable delay and actions inconsistent with an intent to arbitrate are sufficient to show waiver, even in the absence of prejudice. Id. Unlike in Davis, this court's conclusion that Kh...
2022.12.02 Motion for Summary Judgment 051
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2022.12.02
Excerpt: ...ll attached to the building (which Lloyd's identifies as the “south balcony,” as distinguished from the “east balcony” which collapsed) which it argues did not “collapse” within the meaning of the policy. Revello argues the balcony did collapse but remained standing due to the installation of temporary supports, and the supports were installed to comply with the policy's mitigation requirements. Revello argues Lloyd's is now using thi...
2022.12.02 Demurrer, Motion to Strike SACC 266
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2022.12.02
Excerpt: ... On September 27, 2022, the court sustained a demurrer to fraud cause of action in the first amended cross-complaint on the grounds that FACC did not clearly allege causation and damages. Mehdizadeh filed an SACC, to which Elysienne again demurs. Fraud Fraud must be pleaded with heightened particularity to survive demurrer. Goldrich v. Natural Y Surgical Specialties, Inc. (1994) 25 Cal.App.4th 772, 782. This means pleading facts showing “how, w...
2022.12.01 Motion to Quash Subpoena for Production of Business Records 310
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2022.12.01
Excerpt: ...al, seeking documents from 2015 to the present date. Defendant Molina argues these requests are overbroad and moves to quash. Personal financial information falls within the zone of privacy protected by the California Constitution. E.g. Williams v. Superior Court (2017) 3 Cal.5th 531, 552. When a party to litigation seeks to discover information subject to the constitutional right to privacy, the party bears the burden of establishing a compellin...
2022.12.01 Demurrer to TACC 130
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2022.12.01
Excerpt: ...her websites in breach of their lease. Huesca and Luske cross-claimed, alleging the complaint constituted a breach of the parties' general release agreement. On October 7, 2021, the court overruled a demurrer to the second amended cross-complaint. On September 8, 2022, Luske, without leave, filed a document labeled “second amended counterclaim,” which amounts to a third amended cross-complaint (TACC.) Aimco waived procedural objections to the...
2022.11.16 Motion to Quash Levies and Writ of Execution 126
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2022.11.16
Excerpt: ...ayments Wiederhorn was due to receive from her ex-husband. Wiederhorn argues the levies are improper because her divorce judgment is under appeal, so not yet final. She also states the funds are exempt from levy under Cal. Code of Civ. Proc. §703.140(d) because she needs them for personal maintenance. On October 11, 2022 the court ordered supplemental briefs regarding whether a judgment creditor may levy on payments due from a non-final judgment...
2022.11.16 Demurrer to SAC 884
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2022.11.16
Excerpt: ...omplaint, ruling plaintiff had not alleged administrative exhaustion or an exception to the exhaustion requirement. Plaintiff was granted leave to amend and filed a second amended complaint (SAC.) Defendants Providence St. John's Health Center, Providence Health & Services, Medical Staff of Providence Saint John's Health Center and Howard Chait, M.D. (collectively “PSJHC”) demur to the first, second and fourth causes of action, arguing the ne...
2022.11.15 Motion for Summary Judgment 133
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2022.11.15
Excerpt: ...e on these misrepresentations and sues for fraud, misrepresentation, negligence, breach of contract, rescission, declaratory relief and various derivative statutory causes of action. Pegasus moves for summary judgment, arguing all alleged misrepresentations were made between January 29, 2016 and July 8, 2016, prior to the time Guadalupe was formed. Additionally, Pegasus argues Guadalupe was not a party to the underlying representation agreement. ...
2022.11.07 Motion to Quash Service of Summons 522
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2022.11.07
Excerpt: ...r 4, 2021, defendant Burt answered the complaint and cross-complained against cross-defendant Mohammed Al-Marri, owner of 8950 Sunset, for breach of contract. The cross-complaint alleges Burt and Al-Marri had a romantic relationship and from 2013-21 Burt with Al-Marri at a home he owned. Burt alleges Al-Marri promised to provide for her financial security. In reliance, Burt ended her career as a model, converted to Islam, provided household servi...

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