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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 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 ...

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