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2023.12.14 Motion for Judgment on the Pleadings 009
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.12.14
Excerpt: ...he 2018 surgery, but denied summary judgment as to the 2020 surgery. The court denied summary judgment as to the medical battery claim arising out of the 2020 surgery, concluding “[t]his argument should be made via motion for judgment on the pleadings[.]” 9/13/2023 minute order pg. 3. Defendants Kohan and his corporation seek judgment on the pleadings as to the medical battery claim. On November 8, 2023 the court issued a tentative ruling gra...
2023.12.14 Demurrer, Motion to Strike 974
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.12.14
Excerpt: ...f alleges she reported these conditions but Essex did not remedy them. The Essex defendants demur to plaintiff's cause of action for fraud and move to strike the request for punitive damages. Fraud The elements of fraudulent concealment are (1) defendant concealed or suppressed a material fact, (2) duty to disclose, (3) defendant intentionally concealed the fact with intent to defraud, (4) plaintiff was unaware of the fact and would not have acte...
2023.12.13 Motion to Compel Further Responses 418
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.12.13
Excerpt: ...cuments. He argues Arakelian's responses were insufficient and their objections meritless and moves for further responses. Timeliness Under Cal. Code of Civ. Proc. §2031(c), “[u]nless notice of this motion is given within 45 days of the service of the verified response, or any supplemental verified response, or on or before any specific later date to which the demanding party and the responding party have agreed in writing, the demanding party...
2023.12.13 Motion for Summary Adjudication 693
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.12.13
Excerpt: ...allege retaliatory termination for reporting sexual abuse at the facility, hostile work environment, lack of meal/rest breaks, requiring work off-the- clock without pay and failure to reimburse. Defendants move for summary adjudication. Evidentiary Objections Plaintiffs' Objections: Objection 1 SUSTAINED (lack of personal knowledge), Objection 2 OVERRULED, Objections 3-5 OVERRULED, Objection 6 SUSTAINED (lack of authentication), objection 7 OVERR...
2023.12.13 Demurrers, Motions to Strike FAC 316
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.12.13
Excerpt: ...anagement company, but defendants did not remedy the issues. Defendants demur to the first amended complaint. Negligence A person who hired an independent contractor is generally not liable to third parties for injuries caused by the contractor's negligence in performing the work. Privette v. Superior Ct. (1993) 5 Cal.4th 689, 693. Homeowners associations have a “duty to exercise due care for the residents' safety in those areas under their con...
2023.12.12 Motion to Compel Production of Further Docs 935
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.12.12
Excerpt: ...the website. Dr. Murrey served subpoenas duces tecum on third parties Amazon, Facebook/Instagram (both owned by Meta Platforms, Inc.), Yahoo and Cloudflare, seeking production of business records. On January 31, 2023 the court heard plaintiff's motion to compel further responses to his subpoenas. The court denied as to all requests directed at Meta except requests 15 and 16, which sought documents related to a contractual relationship between Fac...
2023.12.11 Demurrer 121
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.12.11
Excerpt: ...on (or an affiliate of the owner) shall not be liable under the law of any State or political subdivision thereof, by reason of being the owner of the vehicle (or an affiliate of the owner), For harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental lease, if – (1) the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing...
2023.12.08 Special Motion to Strike Complaint, Demurrer, Motion to Strike 014
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.12.08
Excerpt: ... made defamatory statements during a podcast about the trial. Plaintiff alleges the episode was broadcast by defendants Audiochuck and its managing member Flowers. Defendants Flowers and Audiochuck demur and move to strike all claims under the anti-SLAPP statute. Defendant Townsend joins. Defendants also demur to the complaint. Plaintiff filed no opposition. Courts resolving anti-SLAPP motions under Cal. Civ. Code §425.16 follow a two-step proce...
2023.12.07 Motion to Compel Arbitration 616
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.12.07
Excerpt: ...ause is unenforceable, some of the plaintiffs never agreed to arbitrate and defendants waived the right to arbitrate by invoking the litigation machinery. California public policy strongly favors arbitration as an efficient alternative to litigation. Cal. Code of Civ. Proc. §1280 et seq., Madden v. Kaiser Found. Hosps. (1976) 17 Cal.3d 699, 706. A party waives its right to arbitrate when it “substantially invokes” the litigation machinery be...
2023.12.07 Demurrer 639
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.12.07
Excerpt: ...ted funds and mismanaged properties. Williams' cross-complaint alleges Freeman reduced his salary, took a salary of his own in violation of Metro's operating agreement and interfered in Metro's business, causing it to miss investment opportunities and lose profits. Freeman demurs to Williams's cross-complaint. Quantum Meruit/Breach of Oral Contract A quantum meruit claim cannot proceed when there is an express oral contract covering the same subj...
2023.12.06 Demurrer to FAA 370
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.12.06
Excerpt: ... affirmative defenses. Steiger demurs to the FAA. Affirmative defenses are subject to demurrer when they consist only of legal conclusions without factual support. FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384. Steiger argues the FAA pleads legal conclusions, not facts. This is most true of the affirmative defenses for adequate remedy at law, statute of limitations, ratification and the business judgment rule. As pleaded, thes...
2023.12.06 Motion for Summary Judgment 892
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.12.06
Excerpt: ...nt, arguing Doe cannot present admissible evidence showing Roe knew or should have known Doe committed sexual abuse or had a propensity for sexual abuse. Evidentiary Objections Doe's objections OVERRULED. Motion for Summary Judgment A court determining a summary judgment motion applies a three-step process: (1) identifying the issues framed by the complaint, (2) determining whether moving party made an adequate showing that negates the opponent's...
2023.12.06 Motion to Compel Arbitration 240
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.12.06
Excerpt: ...c includes an arbitration agreement: “[b]y signing below, you agree that, pursuant to the Arbitration Provision on page 5 of this contract, you or we may elect to resolve any dispute by neutral, binding arbitration and not by a court action.” Motion pg. 1, Arroyo decl. exhibit A. The agreement applies to any dispute between “you and . . . our employees, agents, successors or assigns, which arises out of or relates to your credit application...
2023.12.05 Motion for Summary Judgment 483
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.12.05
Excerpt: ... summary judgment motion as to inverse condemnation action and ordered supplemental briefing as to other claims. Nuisance To prevail on a nuisance claim, plaintiff must establish defendant engaged in conduct that is (i) intentional and unreasonable, (ii) unintentional but caused by negligent or reckless conduct, or (iii) the result of abnormally dangerous activity. Lussier v. San Lorenzo Valley Water Dist. (1988) 209 Cal.App.2d 92, 100. Pourmola ...
2023.12.05 Motion for Approval of PAGA Settlement 464
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.12.05
Excerpt: ...on and failing to provide accurate wage statements. The parties executed a settlement agreement on October 6, 2023. The prevailing employee in a PAGA action is entitled to reasonable attorney's fees and costs. Lab. Code §2699(a). After fees and costs, the remainder of a PAGA award is to be distributed as follows: 75 percent to the State labor and workforce development agency, and 25 percent to the aggrieved employees. Lab. Code §2699(i). A PAGA...
2023.11.30 Motion to Enforce Settlement 214
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.30
Excerpt: ...r enforcing the settlement under Cal. Code of Civ. Proc. §664.6. An elisor is a person appointed by a court “to sign documents on behalf of a recalcitrant party in order to effectuate its judgments or orders, where the party refuses to execute such documents.” Rayan v. Dykeman (1990) 224 Cal.App.3d 1629, 1635, fn. 2. When a court enters judgment under Cal. Code of Civ. Proc. §664.6, it has discretion to appoint an elisor to execute document...
2023.11.30 Motion to Dismiss Partition Action 545
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.30
Excerpt: ...ruling denying the motion on the grounds of improper service. The matter was continued to November 30, 2023 to provide plaintiff Jeffries the opportunity to file an opposition. Defendant Johnson obtained the property via quitclaim deed from her mother, Dorothy Jane Jeffries. Motion Exhibit A. On March 1, 1977 Johnson recorded a grant deed providing herself, Nordeck, and her brother Robert Dan Jeffries each a 1/3 interest in the property. Id. Exhi...
2023.11.30 Motion to Compel Further Responses 118
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.30
Excerpt: ...s the responses were deficient, with improper objections and insufficient production. On July 14, at the IDC, the court instructed the parties to resolve the disputes. Kaiser alleges on August 21, Davis's counsel promised to amend by September 21, 2023. Kaiser alleges Davis did not amend the responses and moves to compel further. Form Interrogatories Form interrogatory No. 2.6 requests identifying information of Davis's employers for the past fiv...
2023.11.30 Motion to Compel Arbitration 981
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.30
Excerpt: ...ation (MHA), recorded Crestwood's CC&Rs in 1950. Blackman decl., exhibit 1. The CC&Rs refer to MHA as “the Corporation,” and establish “the right of enforcement of said conditions and each of them [is] vested in the Corporation and in the owner or owners of any one or more of said lots as above defined.” Id. pg. 2. The 1950 CC&Rs established an architectural committee with the power to approve or disapprove new construction. Id. ¶6. The ...
2023.11.30 Motion to Compel Arbitration 935
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.30
Excerpt: ... agree that . . . any controversy or claim, whether at law or equity, arising out of or related to the provision of services by UPS, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.” UPS, Exhibit A §54. The terms define “claimant” as “any person asserting or against whom UPS asserts any claim in any forum for legal or equitable relief ....
2023.11.17 Motion for Summary Judgment, for Leave to Amend Answer 259
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.17
Excerpt: ...nds that the notices are defective, each notice appears to supersede the others and the complaint is not properly verified. Defective Notices Love argues the notices are defective because they do not include language regarding abandoned personal property required under Cal. Civ. Code §§1946-46.1. Those statutes set forth the requirements for terminating a tenancy. Air Venezia's unlawful detainer is not based on a notice to terminate tenancy; it...
2023.11.17 Motion for Summary Adjudication, to Quash Deposition Subpoenas 642
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.17
Excerpt: ...s allege GNG was unlicensed and defendants breached the contract by failing to obtain work permits. On July 21, 2023 the granted plaintiffs' motion for summary adjudication in part, ruling defendant GNG was liable for disgorgement as a matter of law under Business and Professions Code §7031. The court denied summary adjudication as to individual defendants Farhad and Faryar Ghaemi. Plaintiffs renew their motion against Farhad and Faryar Ghaemi b...
2023.11.16 Motion to Strike Costs 786
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.16
Excerpt: ...e court ruled Pacific Horizon was entitled to an easement for egress and ingress. The final judgment issued on September 20, 2023. Pacific Horizon filed a memorandum of Costs on October 4, 2023. The Meehans move to strike, arguing Pacific Horizon is not the prevailing party. Under Cal. Code of Civ. Proc. §1032, if any party recovers other than monetary relief, the “prevailing party” shall be determined by the court, which has discretion to a...
2023.11.16 Motion to Consolidate 974
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.16
Excerpt: ...ectively “Essex”). In case no. 23SMUD01577 (filed 10/11/23), Essex seeks possession of Johnson's unit via unlawful detainer. Johnson moves to consolidate. Cal. Code of Civ. Proc. §1048 allows a court to order consolidation of actions involving common questions of law or fact to promote “convenience and economy by avoiding duplication of procedure.” Estate of Baker (1982) 131 Cal.App.3d 471, 485. A court's decision on a motion to consolid...
2023.11.15 Motion for Attorney Fees, to Tax Costs 574
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.15
Excerpt: ... defense counsel argued were incorrectly calculated. The court recalculates and amends its tentative ruling. Estevez's exhibit 22 (itemization of hours and fees) indicates attorney Gonzalez spent 10 hours total on April 22, 27 and 29, 2021 drafting discovery requests at $300/hour. To reflect a reasonable amount of time saved through counsel's use of templates, the time will be reduced from ten to four hours, a reduction of $1,800 (6 x 300). See C...
2023.11.14 Motion for Protective Order 027
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.14
Excerpt: ...s for production of documents on plaintiffs. The special interrogatories include a declaration of necessity under Code of Civ. Proc. §2030.050. Does argue the number of special interrogatories is excessive, burdensome and oppressive. Does argue a protective order “limiting the identifying information requested in Defendants' discovery[,]” is necessary to ensure plaintiffs' safety. Id. pg. 6. The first amended complaint includes a fifty-page ...
2023.11.09 Motion for Summary Judgment, Adjudication 622
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.09
Excerpt: ...y failing to perform improvements and repairs Draz allegedly paid for. The Goosens move for summary judgment. Declaratory Relief Declaratory relief is a prospective remedy which exists to declare future rights rather than to redress past wrongs. Canova v. Trustees of Imperial Irrigation Dist. Employee Pension Plan (2007) 150 Cal.App.4th 1487, 1497. Draz requests a declaration that he is entitled to a “ten-year amortization period to use the pro...
2023.11.08 Motion for Judgment on the Pleadings 009
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.08
Excerpt: ... court denied summary judgment as to the medical battery claim arising out of the 2020 surgery, concluding “[t]his argument should be made via motion for judgment on the pleadings[.]” 9/13/2023 minute order pg. 3. Defendants Dr. Kohan and his corporation seek judgment on the pleadings as to the medical battery claim. A cause of action for medical battery lies when the defendant performs a medical procedure without plaintiff's consent, or if t...
2023.11.08 Motion for Attorney Fees and Partition Attorney Fees 242
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.08
Excerpt: ...uly 30, 2021, with buyers transferring $829,814.39 to the referee. On March 8, 2022 the court granted plaintiffs' motions to deduct fees (including referee fees and attorney's fees), costs of sale and lost rental income from defendant Richman's share of the sale proceeds because Richman's failure to vacate caused the fees and costs to be incurred. Referee Grobstein is holding $196,096.83 in funds for Richman, representing 50% of the sale price, m...
2023.11.08 Anti-SLAPP Motion and Demurrer 618
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.08
Excerpt: ...tribution against defendant Baum, who brings this moves to strike (Cal. Code of Civ. Proc. §425.16, the anti-SLAPP statute) and demurs. Anti-SLAPP Courts resolving an anti-SLAPP motion under Cal. Civ. Code §425.16 follow a two-step process. Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 733. In prong one, the court determines whether the conduct underlying plaintiff's cause of action arises from defendant's constitutional rights of fr...
2023.11.07 Demurrer 660
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.07
Excerpt: ... damages requests. Breach of Contract A contract with “uncertain and indefinite” terms is void and unenforceable. Cal. Lettuce Growers v. Union Sugar Co. (1955) 45 Cal.2d 474. A cause of action for breach of contract is subject to demurrer if it cannot be discerned from the complaint whether the contract is oral, written, or implied. Cal. Code of Civ. Proc. §§430.10(f) and (g). Defendant argues uncertainty, as the complaint does not specify...
2023.11.03 Motion to Compel Arbitration 631
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.03
Excerpt: ... account and accepted updated terms of service on December 9, 2020 (before the incident) and January 4, 2023 (after the incident). McCachern decl. ¶12. Each version of the TOS includes a clause requiring arbitration of “any dispute, claim, or controversy based on past, present, or future events arising out of or relating to ... the Lyft Platform[.]” Id. The agreement states it is governed by the Federal Arbitration Act (FAA). Id., Exhs. 3, 5...
2023.11.02 Demurrer, Motion to Strike 268
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.02
Excerpt: ... action); defendant Cabo demurs and moves to strike the damages request. Statute of Limitations Plaintiff Saachi's claims against Cabo are based on allegations that defendants Blaine and Blaine Labs sent Saatchi a package with a return address of “Peter KOONI Edalat.” FAC ¶135-139. Peter Edalat is Saatchi's deceased son, and “Kooni” is a homophobic slur in Farsi. Id. ¶137. The package allegedly contained a printout from a defamatory web...
2023.11.01 Motion to Vacate Summary Judgment Order 549
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.01
Excerpt: ...– including the claim the action was subject to a bankruptcy stay and expert testimony shows prior transfers of the note were void. The court previously considered and rejected these arguments, finding there was no effective bankruptcy stay and the purported expert evidence was inadmissible. Aarons argues the court “failed to issue a decision regarding the Debrunner case and whether or not the assignment of deed of trust must state that both ...
2023.10.27 Motion for Summary Judgment, Adjudication 035
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.27
Excerpt: ...ULED. MSJ Analysis Defendants move for summary judgment on the grounds that, as a matter of law, plaintiffs have no right to unobstructed natural light. Plaintiffs provide expert evidence on the composition and mechanics of light and that the purple light is caused by the obstruction/absorption of other wavelengths by the painted surface of defendants' house. Shapley decl. ¶7. “Purple” is how the human eye perceives the remaining, non-obstru...
2023.10.26 Demurrer, Motion to Strike 909
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.26
Excerpt: ...C). Demurrer Itzhaki argues the SAC does not allege specific conduct by Itzhaki that could give rise to liability and fails to allege sufficient facts to establish his alter ego status. Alter ego liability applies when there is “such unity of interest and ownership that the separate personalities of the corporation and the individual no longer exist and (2) if the acts are treated as those of the corporation alone, an inequitable result will fo...
2023.10.25 Motion for Summary Judgment, Adjudication 483
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.25
Excerpt: ...erflow was caused by plaintiff's failure to install a legally mandated backwater (or backflow) valve, which redirects overflows from downstream blockages and directs toward the nearest upstream manhole and away from private property. Evidentiary Objections Pourmola Objections: Objections to Rocio declaration: Objection 1 OVERRULED, Objection 2 SUSTAINED (legal conclusion), Objection 3 OVERRULED, Objection 4 OVERRULED, Objection 5 SUSTAINED (legal...
2023.10.24 Motion for Protective Order, for Bifurcation 220
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.24
Excerpt: ...interests and whether Zackery embezzled funds. Phase two would address remaining liability issues and damages, including punitive damages. Bifurcation is allowed when “the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby.” Cal. Code of Civ. Proc. §598. Bifurcation will generally be denied when the issues in the proposed phases of trial are interrelated, sharing ...
2023.10.24 Motion to Post Judgment Attorney Fees, to Tax Costs 531
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.24
Excerpt: ...On February 3, 2023 plaintiff/cross-defendant Mashian Law Group (MLG) obtained a judgment of $75,000 (MLG judgment) against defendant RC3. Mashian seeks $17,575 in post- judgment attorney's fees and $4,256.23 in post judgment costs. MLG seeks $4,250 in post- judgment attorney's fees and $1,109.05 in post judgment costs. R3 and Cohen oppose the attorney's fees requests and move to tax costs filed in connection with both judgments. Motion for Attor...
2023.10.24 Motion to Increase Bond 066
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.24
Excerpt: ...de of Civ. Proc. §917.1. On July 18, 2023 the court issued a minute order awarding Zeta $731,817.10 in attorney's fees. Zeta moves to increase the bond to reflect the attorney fees award. Under Cal. Code of Civ. Proc.§917.1, an appeal stays enforcement of a judgment if the appellant posts a bond for one and one-half times the amount of the judgment if it is given by an admitted surety insurer. In an action where a bond is given, the court may o...
2023.10.20 Motion for Post Judgment Attorney Fees 531
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.20
Excerpt: ...cross-defendant Mashian Law Group (MLG) obtained a judgment of $75,000 (MLG judgment) against defendant RC3. Mashian seeks $17,575 in post- judgment attorney's fees and $4,256.23 in post judgment costs. MLG seeks $4,250 in post- judgment attorney's fees and $1,109.05 in post judgment costs. R3 and Cohen oppose the attorney's fees requests and move to tax costs filed in connection with both judgments. Motion for Attorney's Fees Under Cal. Code of ...
2023.10.20 Motion for Judgment on the Pleadings 301
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.20
Excerpt: .... The District moves for judgment on the pleadings, arguing AB 218's amendments to the Government Code constitute unconstitutional gifts of public funds. To proceed civilly against a public entity, a plaintiff must first timely present the claim according to statutory requirements. Cal. Gov. Code §905. AB 218 allowed for revival of otherwise time- barred civil actions for childhood sexual abuse if filed by December 31, 2022 (Cal. Code of Civ. Pr...
2023.10.20 Demurrer to SAC 044
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.20
Excerpt: ...demurrer to the first through fourth causes of action in the first amended complaint on government immunity grounds. C.H. was instructed to “set forth a specific regulation or statute triggering the §855 exception for the first through fourth causes of action.” Defendants demur to plaintiff's second amended complaint (SAC). “Public entities have broad immunity from liability for injuries suffered by an inpatient of a mental institution.”...
2023.10.18 Motion for Leave to File FACC, to Amend Answer 196
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.18
Excerpt: ...he pool; defendant cross-complained, seeking an easement. During a conversation with Busiashvili's son in June 2023, defense counsel allegedly obtained evidence and precedent convincing him his client had a valid adverse possession claim which he failed to include in the cross-complaint. Busiashvili sought leave to amend the cross-complaint, which was denied on August 9, 2023 because trial was imminent and Busiashvili did not provide an adequate ...
2023.10.18 Demurrer, Motion to Strike SAC 909
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.18
Excerpt: ...mplaint (FAC) on August 3, 2023 with leave to amend. Those parties now demur to the second amended complaint (SAC) and move to strike punitive damages. Levy The court sustained Levy's prior demurrer because Levy was not a party to the purchase agreement (attached to the FAC; 8/3/2023 minute order, p. 2). The court ruled the FAC failed to allege wrongdoing by Levy or facts establishing alter ego liability. Id. Levy argues the SAC does not cure the...
2023.10.17 Motion to Strike Punitive Damages, for Attorney Fees 969
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.17
Excerpt: ... §3294. “Malice” is “[c]onduct which is intended . . . to cause injury . . . or despicable conduct which is carried on . . . with a willful and conscious disregard of the rights or safety of others.” “Oppression” is “despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights.” Cal. Civ. Code §§3294(c)(1)-(2). A complaint seeking punitive damages must plead facts establi...
2023.10.17 Demurrer, Motion to Stay Complaint 235
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.17
Excerpt: ...osses because of the property's proximity to a brush area. Hughes alleges defendants committed professional negligence, breach of fiduciary duty and negligent misrepresentation by selling the policies without informing her it would not cover fire damage. Hughes filed claims arising out of these policies against First National and General on July 21, 2021 and January 12, 2022. Both were removed to federal court on diversity grounds, and summary ju...
2023.10.13 Motion for Summary Judgment 095
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.13
Excerpt: ...dentiary objections OVERRULED. In reply, Diaz argues plaintiff's expert Dr. Lee' declaration lacks foundation because Lee failed to review all of Diaz's post-procedure reports and only some Kaiser records. Diaz fails to show Lee's declaration is without evidentiary support. Lee reviewed numerous records, including Kaiser urgent care records, Diaz's post-procedure notes and operative notes from the implant removal and skin graft procedures. See pl...
2023.10.13 Demurrer, Motion to Compel Responses 905
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.13
Excerpt: ...urs, arguing the cross-complaint is duplicative of Campione's answer and if Campione prevails on an affirmative defense, damages will be apportioned between the defendants, the same relief sought in the cross-complaint. Woo also argues Campione's request for attorney's fees is improper. Campione cites Platt v. Coldwell Banker Residential Real Estate Services (1990) 217 Cal. App.3d 1439, 1447. Platt stated “strong policies favoring settlement an...
2023.10.12 Demurrer to SAC 044
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.12
Excerpt: ...urth causes of action in the first amended complaint on government immunity grounds. C.H. was instructed to “set forth a specific regulation or statute triggering the §855 exception for the first through fourth causes of action.” Defendants demur to plaintiff's second amended complaint (SAC). “Public entities have broad immunity from liability for injuries suffered by an inpatient of a mental institution.” State Dept. of State Hospitals ...
2023.10.12 Motion to Compel Arbitration 891
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.12
Excerpt: ...n agreement between parties is before a court, the court must grant a motion to compel arbitration if it determines the agreement applies to the parties' controversy. Cal. Code of Civ. Proc. §1281.2. California law strongly favors the enforcement of arbitration agreements. Weiler v. Marcus & Millichamp Real Estate Investment Services, Inc. (2018) 232 Cal.Rptr 3d, 155, 162. Crestwood Hill's 2022 guidelines contain an arbitration clause requiring ...
2023.10.11 Motion for Summary Judgment 095
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.11
Excerpt: ...dence of a physician's compliance or breach of the applicable standard of care can only be supplied with expert testimony. Willard v. Hagemeister (1981) 121 Cal.App.3d 406, 412. An expert witness' declaration is sufficient to show the absence of a triable issue of fact on summary judgment. Lerner v. Superior Court (1970) 70 Cal.App.3d 656, 660. Defendant provides the declaration of Dr. Cassileth, who reviewed medical records from Diaz and Kaiser ...
2023.10.11 Motion for Protective Order, for Order Allowing Financial Discovery 591
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.11
Excerpt: ...tective Order Any issue decided in a prior criminal proceeding is conclusively determined as to the parties in a subsequent civil action. Teitelbaum Furs, Inc. v. Dominion Ins. Co., Ltd. (1962) 58 Cal.2d 601. A felony conviction is exempt from the hearsay rule in a civil action, even if the conviction is under appeal. Principal Life Ins. Co. v. Peterson (2007) 156 Cal.App.4th 676. A judgment is not final for purposes of collateral estoppel while ...
2023.10.06 Motion for Summary Judgment 799
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.06
Excerpt: ...e and premises liability claims. Evidentiary Objections City's Objections: 1 and 2 SUSTAINED (lack of authentication), 3 SUSTAINED (legal conclusion), 4-9 OVERRULED. Santa Monica Municipal Code Section 713 When a public entity is under a mandatory duty imposed designed to prevent against the risk of a particular kind of injury, that entity is liable for an injury of the kind proximately caused by its failure to discharge that duty. Cal. Gov. Code...
2023.10.05 Petition to Compel Arbitration 332
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.05
Excerpt: ...ement covering all disputes arising out of employment with NCFC. There is a liberal federal policy favoring arbitration, requiring arbitration agreements to be put on equal footing with other contracts and requiring courts to resolve any doubts as to whether a dispute falls within an arbitration provision in favor of arbitration. AT&T Mobility, LLC v. Concepcion (2011) 563 U.S. 333, 339; AT&T Tech., Inc. v. Comm Workers of Am. (1986) 475 U.S. 643...
2023.10.05 Motion for Summary Judgment, Adjudication 976
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.05
Excerpt: ...azian, Sweeney and Bradford move for summary judgment/adjudication, arguing undisputed facts show Adefuye's claims lack evidentiary support. Member Defendants—Assault/Battery A corporate officer or director is not liable for the corporation's torts unless they ratify or directly participate in the wrongdoing. Frances T. v. Village Green Owners Ass'n. (1986) 42 Cal.3d 490, 503-504. At deposition, Adefuye admitted he never met Aivizian or Sweeney...
2023.10.05 Motion for Attorney Fees 574
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.05
Excerpt: ...reduced in the reply brief from the amount sought in the initial motion), billed at hourly rates of $300-515/hour, for five attorneys who performed almost 200 hours of work. Plaintiff's initial motion sought costs, but the reply stated that costs would be sought via a separate mechanism. The prevailing party in a defective vehicle case brought by a buyer is entitled to reasonable attorney's fees. Cal. Civ. Code §1794(d). A court has broad discre...
2023.10.04 Special Motion to Strike 442
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.04
Excerpt: ...tion under Cal. Civ. Code §425.16 follow a two-step process. Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 733. In prong one, the court determines whether the conduct underlying the cause of action arises from defendant's constitutional rights of free speech or petition. Baral v. Schnitt (2016) 1 Cal. 5th 376, 395. If moving party fails to show the conduct is constitutionally protected, the court need not address prong two. Jarrow, su...
2023.10.03 Motion for Summary Judgment 785
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.03
Excerpt: ...were never removed. Evidentiary Objections OVERRULED. A court determining a summary judgment motion applies a three-step process: (1) identifying the issues, (2) determining whether moving party made an adequate showing that negates the opponent's claim, and (3) determining whether the opposing party raised a triable issue of fact. Bostrom v. County of San Bernardino (1995) 35 Cal.App.4th 1654, 1662. A defendant moving for summary judgment has th...
2023.09.29 Demurrer, Motion to Strike 370
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.29
Excerpt: ...mmett and managed by defendants Barrington Plaza and Douglas Emmett Management. Resident plaintiffs allege defendants failed to provide adequate fire safety precautions, resulting in a fire that displaced, injured, and in one case killed, tenant plaintiffs. Plaintiffs also the building remained suffused with ash and toxic debris after the fire. Defendants Barrington Pacific, Douglas Emmett Management and Douglas Emmett (collectively “Barrington...
2023.09.29 Demurrer, Motion to Strike 200
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.29
Excerpt: ...mmett and managed by defendants Barrington Plaza and Douglas Emmett Management. Resident plaintiffs allege defendants failed to provide adequate fire safety precautions, resulting in a fire that displaced, injured, and in one case killed, tenant plaintiffs. Plaintiffs also the building remained suffused with ash and toxic debris after the fire. Defendants Barrington Pacific, Douglas Emmett Management and Douglas Emmett (collectively “Barrington...
2023.09.28 Motion for Attorney Fees 018
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.28
Excerpt: ...nts had been satisfied. Based largely on this ruling, the court issued judgment on the pleadings for defendants. Defendants seek prevailing party attorneys' fees on the grounds that one of the judgments included an attorney's fee provision. Attorney's fees incurred in enforcing a judgment are recoverable if the underlying judgment includes an award of attorney's fees. Cal. Code of Civ. Proc. §685.040. This applies to later actions against third ...
2023.09.28 Motions to Quash Deposition Subpoenas 490
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.28
Excerpt: ...f's medical provider and health insurer), Sutton Place Apartments, Ocean Park Boulevard (plaintiff's prior landlords) and Mercury Insurance Company (rental insurance provider). Delakas argues the subpoenas are overly broad and burdensome. While some medical records may be discoverable, as plaintiff put her physical and mental health at issue, the subpoenas to Fried, the Sleep Institute and Aetna seek all records concerning treatment without limit...
2023.09.26 Motion for Judgment on the Pleadings 908
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.26
Excerpt: ...ee the project. Plaintiff alleges Joseph assisted his father Stuart in a conspiracy to misappropriate project funds. The court will refer to the Rubin defendants by their first names to distinguish the parties. Defendant Joseph Rubin's Motion for Judgment on the Pleadings Joseph moves for judgment on the pleadings, arguing the first amended complaint includes no specific allegations against him, and its allegations contradict Stiffelman's sworn t...
2023.09.20 Motions to Quash Deposition Subpoenas 557
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.20
Excerpt: ...se nuisance and that Mardirossian's chain link fence trespasses onto his property. Mardirossian moves to quash deposition subpoenas for production of business records from his law firm, Mardirossian Akagarian (MA). Hartunian/Festa Subpoenas for Business Records Howarth served subpoenas on Rich Festa, a State Farm employee, and Avo Harutunian, Farmers Insurance employee, seeking documents and communications related to fire insurance for Mardirossi...
2023.09.20 Demurrer, Motion to Remove Mechanic's Lien 991
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.20
Excerpt: ...echanic's lien. Breach of Contract The breach of contract claim does not allege a contract between Puryear and Groundtech, and the contract does not name Puryear as a party. Complaint ¶¶14-19, Exhibit 1. The complaint alleges RDG breached its subcontract by failing to pay Groundtech but does not state an obligation that Puryear allegedly failed to fulfil. Complaint ¶¶17-19. The complaint fails to adequately allege a contract claim against Pur...
2023.09.19 Motion for Leave to File FAC 974
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.19
Excerpt: ...fair business practices and requesting injunctive relief. There is a strong public policy in favor of allowing amendments to pleading. Mesler v. Bragg Mgmt. Co. (1985) 39 Cal.3d 290, 296. Generally, unless there is prejudice to the opposing party or unreasonable delay, it is an abuse of discretion to deny leave to amend at any stage of litigation. A.N. v. County of Los Angeles (2009) 171 Cal.App.4th 1058, 1068. Discovery is ongoing, and trial has...
2023.09.14 Petition to Compel Arbitration 574
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.14
Excerpt: ...alifornia public policy favors arbitration. People v. Mapblebear Inc. (2022) 81 Cal.App.5th 923, 930. Absent fraudulent inducement, a party cannot avoid enforcement of an arbitration agreement because the party has limited proficiency in the English language. Caballero v. Premier Care Simi Valley LLC (2021) 69 Cal.App.5th 512, 519. It is incumbent upon the party with limited English proficiency to inform the other party and request to have it rea...
2023.09.13 Motion for Summary Judgment, Adjudication 009
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.13
Excerpt: ...me barred, and undisputed expert evidence shows Kohan did not breach the standard of care. Kohan's Evidentiary Objections All objections OVERRULED. Statute of Limitations Cal. Code of Civ. Proc. §340.5 states a one-year statute of limitations for medical negligence claims, which applies if the gravamen of the claim is the manner in which the professional rendered health care services. Larson v. UHS of Rancho Springs, Inc. (2014) 230 Cal.App.4th ...
2023.09.13 Demurrer, Motion to Strike 639
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.13
Excerpt: ...lliams used his position for self- dealing, reimbursing himself for personal expenses, paying himself an unauthorized salary and negligently managing Metro's properties and finances. Williams demurs to portions of the first amended complaint and moves to strike the request for punitive damages. Shareholder Derivative Claims (First, Third, Sixth, and Ninth Causes of Action) For a shareholder to bring a derivative action on behalf of a corporation,...
2023.09.06 Demurrer, Motion to Strike Portions of TACC 336
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.06
Excerpt: ... to pay rent under the guaranty agreement and defamed him by accusing him of domestic violence. Breach of Contract Under Cal. Civ. Code §2815, “a continuing guaranty may be revoked at any time by the guarantor, in respect to future transactions, unless there is a continuing consideration which he does not renounce.” A third party cannot enforce a contract, even if he is incidentally benefitted by it, unless it is “the intention of the part...
2023.09.05 Motion to Strike 765
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.05
Excerpt: ...aintiff's rights,” unintentional harm can nonetheless constitute malice or oppression for the purposes of awarding punitive damages. Scott v. Phoenix Schools, Inc. (2009) 175 Cal.App.702, 716. The Amron defendants argue the FAC does not allege intentional conduct or aggravating circumstances or rise to the level of “despicable” conduct required for punitive damages. The FAC alleges defendants were aware their dog had a vicious nature and pr...
2023.09.01 Motion for Preference 634
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.09.01
Excerpt: ...mith, signed an arbitration agreement on August 17, 2021 applying to any claim or controversy arising out of care at Terraza Court. Plaintiff Smith moves for trial priority; defendants move to compel arbitration. Trial Preference Under Cal. Code of Civil Procedure §36(a), a court will grant trial preference to a party to a civil action over 70 years old if the party has a substantial interest in the action, and the party's health is such that pr...
2023.08.31 Demurrer to FACC, Motion to Strike 082
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.31
Excerpt: ...fired De Mill, then contracted directly with Wittrock to complete the work. Wittrock alleges it agreed to stay on the job if VBA paid outstanding amounts owed by De Mill; VBA allegedly failed to make required progress payments and denied existence of a direct contract with Wittrock. VBA demurs to the first amended cross-complaint. Standing/Licensing Under Cal. Code of Civ. Proc. §7031, a contractor cannot recover compensation for performance und...
2023.08.31 Demurrer 693
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.31
Excerpt: ...lack of consent and (3) harm. CACI 1300. The battery claim is alleged against unnamed doe defendants. Defendants Giacomino Drago, Il Pastaio, FSC Corporation dba Il Pastaio, Celestino Drago and Steven Piano (collectively the restaurant defendants), previously named as Does 1-5, demur. The complaint does not clarify how any restaurant defendant is liable for battery. It lacks specific allegations that restaurant employee defendants shot plaintiffs...
2023.08.22 Motion to Strike 765
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.22
Excerpt: ...ights,” unintentional harm can nonetheless constitute malice or oppression for the purposes of awarding punitive damages. Scott v. Phoenix Schools, Inc. (2009) 175 Cal.App.702, 716. The Amron defendants argue the FAC does not allege intentional conduct or aggravating circumstances or rise to the level of “despicable” conduct required for punitive damages. The FAC alleges defendants were aware their dog had a vicious nature and propensity to...
2023.08.09 Motions for Relief from Waiver of Objections and Privilege Claims 228
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.09
Excerpt: ...due June 5, 2023. Volkswagen responded two days late (June 7), with verifications sent June 10, 2023. Volkswagen moves for relief from its waiver of objections due to untimely discovery responses. A court may relieve a party from waiver of objections to discovery requests for failure to timely respond if the moving party shows responses were subsequently served, the responses are in substantial compliance with the statute, and the failure was the...
2023.08.09 Motion for Summary Judgment 961
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.09
Excerpt: ... an option contract whereby Jones could purchase the property for $2,275,000. The initial version of the option included a copy of a form real estate purchase agreement (RPA) that would govern the sale following exercise of the purchase option. Later, the option was amended deleting the RPA and listing the terms of the purchase agreement. Plaintiffs allege they attempted to exercise their option on November 22, 2021, but Farmer refused to perform...
2023.08.09 Motion for Leave to File FACC 196
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.09
Excerpt: ...vements. Busiashvili cross-complained seeking an easement. She moves to amend, adding a claim for adverse possession. The case was filed January 30, 2019; trial is set for September 18, 2023. Courts are to liberally exercise discretion to allow amendments to pleadings at any time. Desny v. Wilder (1956) 46 Cal.2d 715, 751. Leave to amend may be denied when the party seeking amendment delayed without justification. Melican v. Regents of Univ. of C...
2023.08.08 Motion to Tax Costs 166
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.08
Excerpt: ...hich the court granted in part, reducing the fees to $18,298.00. On June 30, 2023 SCLU filed another memorandum of costs after judgment, seeking $55,862.55 in post-judgment attorney's fees. Vara moves to strike and/or tax. A trial court has discretion to disallow recovery of costs if it determines they lack sufficient evidentiary support or were incurred unnecessarily. See, e.g., Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th ...
2023.08.08 Motion for Summary Judgment 549
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.08
Excerpt: ...ng plaintiff meets the initial burden if they present evidence proving each element of the cause of action. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. A successor-in-interest to a beneficiary foreclosing on a deed of trust may prosecute an unlawful detainer. Dr. Leevil, LLC v. Westlake Health Care Center (2018) 6 Cal.5th 474, 483- 484. After default on a deed of trust, the trustee is to record a notice of default. Cal. Civ. Cod...
2023.08.07 Demurrer, Motion to Strike 993
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.07
Excerpt: ...business for decades, contributing capital, participating in meetings and receiving distributions. The court uses first names of the various Harkham parties for ease of reference. Terry alleges Efrem and his son Aron deny his status as partner, refusing to distribute profits from the hotel's sale and preventing him from inspecting books and records. Terry also alleges Efrem and Aron engaged in self-dealing, taking out loans against the hotel for ...
2023.08.04 Petition to Compel Arbitration 897
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.04
Excerpt: ...vailability. Shamooil moves to compel. Under Cal. Code of Civ. Proc. §1281.2, a court shall order a controversy to be arbitrated if it determines that a valid agreement to arbitrate the controversy exists. Plaintiff properly noticed and served a petition to compel arbitration pursuant to the arbitration provision in her policy. Plaintiff abided by the provision's requirements, including demanding arbitration and proposing arbitrators. State Farm...
2023.08.04 Motion for Leave to File TAC 976
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.04
Excerpt: ...f emotional distress, retaliation and negligence, which were included in the initial complaint, not present in the first amended complaint (allegedly due to plaintiff's mistake), and subject to demurrer in the second amended complaint because the court did not give leave to restore them. Plaintiff seeks to add new causes of action for unfair business practices and wrongful discharge in violation of public policy and seeks punitive damages. Courts...
2023.08.04 Motion for Attorney Fees 786
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.04
Excerpt: ...ing Pacific Horizon's use of the disputed easement to ingress and egress. The Meehans seek attorney's fees of $137,456.28 under California Civil Code §1717 and Article 5, Section 5.1 of the CC&Rs. A court may not award fees for legal work unrelated to a cause of action for which fees are authorized. Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d 124, 130. When all causes of action rely on the same facts, fees need not be apportioned between ca...
2023.08.03 Demurrer to FAC 909
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.03
Excerpt: ...the request for punitive damages. Levy A demurrer can be sustained when matters contained in attached exhibits contradict the allegations in the complaint. Barnett v. Fireman's Fund Ins. Co. (2001) 90 Cal.App.4th 500, 505. Levy demurs, arguing he was merely a member of defendant HLI Holdings, LLC and cannot be liable for the entity's torts or contractual obligations. Levy argues the purchase agreement (FAC, exh. 1) shows he was not a party to the...
2023.08.02 Motion for Summary Adjudication, to Seal 367
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.08.02
Excerpt: ...tir. A dispute arose between Davis and Rickel, culminating in Rickel's removal from the business. Davis and Rickel entered into a handwritten settlement agreement in 2014 under which Rickel gave up his interest in the business in exchange for a share of profits from “the fund's” future investments. On September 23, 2021 the court issued a ruling determining “the fund” referred only to DTS, not to all the Disruptive entities. Davis now mov...
2023.07.26 Demurrers, Motions to Strike FAC 418
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.26
Excerpt: ...laim. Caraballo and Athens demur breach of contract claim in the first amended complaint (FAC) and move to strike allegations Caraballo “defamed” plaintiff. Athens Demurrer The elements of a claim for breach of contract are (1) contract, (2) plaintiff's performance or excuse for nonperformance, (3) breach, and (4) damage. Otowroth v. Southern Pac. Transportation Co. (1985) 166 Cal.App.3d 452, 458. The FAC alleges either that all Los Angeles r...
2023.07.26 Motion for Judgment on the Pleadings 941
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.26
Excerpt: ...r judgment on the pleadings, arguing the claims are time-barred. A motion for judgment on the pleadings is functionally identical to a demurrer and may be made on the grounds that a cause of action is barred by the statute of limitations. Cal. Code of Civ. Proc. §438(c)(2)(A), Hunt v. County of Shasta (1990) 225 Cal.App.3d 432, 440. Breach of Note An action for failure to pay under a note payable on demand must be brought within six years of the...
2023.07.25 Motion for Summary Judgment 549
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.25
Excerpt: ...l burden if they present evidence proving each element of the cause of action. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. A successor-in-interest to a beneficiary foreclosing on a deed of trust may prosecute an unlawful detainer. Dr. Leevil, LLC v. Westlake Health Care Center (2018) 6 Cal.5th 474, 483- 484. After default on a deed of trust, the trustee is to record a notice of default. Cal. Civ. Code §2924. Three months after ...
2023.07.25 Motion for Summary Judgment 331
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.25
Excerpt: ...ey's fees and costs. SM provides the lease and residential ledger reflecting lease payments made. SM Separate Statement 5-9. The declaration of general manager Nicole Brown states the ledger is kept in the ordinary course of business and is updated when a tenant makes a payment. Browne declaration ¶6. The ledger is admissible under the business records exception. The ledger and lease show the Ins failed to make required lease payments. This carr...
2023.07.21 Motion to Compel Arbitration 794
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.21
Excerpt: ...ld be stayed. The court allowed the parties to file additional briefing regarding applicability of Alberto v. Cambrian Homecare (2023) 91 Cal.App.5th 482, 486. In Alberto, the court held an arbitration agreement and confidentiality agreement should be read together since both were conditions of plaintiff's hiring and both governed disputes related to plaintiff's employment. The Alberto court held the confidentiality agreement was unconscionable f...
2023.07.21 Motion for Summary Adjudication 642
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.21
Excerpt: ...ove for summary adjudication of the Bus. and Profs. Code §7031 claim and adjudication of issues of duty connected to the breach of contract claim. Plaintiffs filed and withdrew a summary adjudication request as to treble damages. A plaintiff fulfills his or her initial burden on summary adjudication or judgment by proving each element of the relevant cause of action. Code of Civ. Proc. §437c(p)(1). The burden then shifts to defendant to show a ...
2023.07.19 Motion for Summary Adjudication 319
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.19
Excerpt: ...on her claims under the Unruh Civil Rights and Cal. Gov. Code §11135, arguing that UCLA's policy of allowing ‘incompletes' to remain visible on a student's transcript after a course has been completed disparately impacts disabled students. The Regents move for judgment on the pleadings on three of D.E.'s causes of action. Evidentiary Objections Objection 1 SUSTAINED (irrelevant, hearsay,) objections 2-3 OVERRULED, objections 4-5 SUSTAINED (hea...
2023.07.13 Demurrer to FACC 423
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.13
Excerpt: ...oss- complainants received shares of Halo stock. Cross-complainants allege the sale was fraudulently induced, with Halo misrepresenting its financial status, connections in the industry and compliance with relevant laws. Halo demurs to the first amended cross-complaint. Cancelled Entity 7PG Upon the filing a certificate of cancellation by a limited liability company, the company's “powers, rights, and privileges shall cease.” Cal. Corp. Code ...
2023.07.12 Demurrer 559
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.12
Excerpt: ... loud music, yelling, partying and noise from F&F, with disturbances continuing late at night. G8 alleges F&F's inadequate security measures endangered residents, including a shooting at F&F that shattered windows and damaged a resident's couch. The F&F defendants demur to the claims for public nuisance, private nuisance, interference with contractual relations, negligent interference with contractual relations, interference with prospective econ...
2023.07.12 Application for Writ of Attachment 642
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.12
Excerpt: ...venting delaying plaintiffs' move-in. A writ of attachment can issue where a claim for money based upon a written contract of a fixed or readily ascertainable sum in a commercial claim is in excess of $500 and unsecured by real property. Cal. Code of Civ. Proc. §484.090(a)(1). The claim upon which the writ is based must have “probable validity.” It must be more likely than not that plaintiff will obtain a judgment. Cal. Code of Civ. Proc. 48...
2023.07.11 Motion to Declare Vexatious Litigant, for Terminating Sanctions 467
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.11
Excerpt: ...o had adequately shown Visconti fulfilled the requirement set forth in Cal. Code of Civ. Proc. §391, commencing more than five unsuccessful litigations within the last seven years. The court declined to issue a final ruling declaring Visconti a vexatious litigant. Instead, the court scheduled an evidentiary hearing for Visconti to present evidence showing a reasonable probability of prevailing on her cross-complaint. Visconti's brief for the evi...
2023.07.11 Motion to Compel Production of Business Records 908
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.11
Excerpt: ... Stang, Ziehl & Jones LLP (PSZJ) seeking communications with Stiffelman related to various topics, communications with investors in the project, communications with several named financial institutions related to the project, project-related communications with named third parties, and communications related to debts owed by Stiffelman. Under Cal. Code of Civ. Proc. §1985.3, if a subpoena seeks a consumer's personal records maintained by a witne...
2023.07.07 Demurrer 082
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.07.07
Excerpt: ...it contracted with VBA to complete the work, and VBA failed to pay $401,430.48 for materials and labor. VBA demurs. Breach of Contract A claim for breach of contract must specify whether the alleged contract is oral, written or implied by conduct. Cal. Code of Civ. Proc. §430.10(g). VBA argues the cross-complaint does not clearly allege the form of the contract, as required by §430.10(g). This objection is valid. The cross-complaint states “V...

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