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806 Results

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2022.04.04 Demurrer 979
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.04.04
Excerpt: ...2210 Echo Park Partners, LLC or Reservoir Partners, LLC. Plaintiff's causes of action do not rely on piercing the corporate veil via the alter ego doctrine. “Ordinarily, a corporation is regarded as a legal entity, separate and distinct from its stockholders, officers and directors, with separate and distinct liabilities and obligations.” (Sonora Diamond Corp. v. Superior Court (2000) 83 Cal.App.4th 523, 538.) Plaintiff does not allege McIner...
2022.03.30 Motion to Enforce Settlement, for Sanctions 670
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.30
Excerpt: ...quested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” The parties agreed to settle this case in October 2021. (Ledbetter Decl., ¶ 2, Ex. 1.) The settlement provides for the court to retain jurisdiction under CCP § 664.6. (Id., § 2.b.) Defendant Jaguar Land Rover North America, LLC has not performed its obligations under the settlement. D...
2022.03.30 Motion to Compel Further Discovery 914
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.30
Excerpt: ...e, and model of the subject vehicle and to complaints of making noise while driving or a tapping noise from the left rear door/seat area while driving. (Yashar Decl., ¶¶ 10-11, Ex. 6.) Nos. 13-16 Request Nos. 13-16 asked for: No. 13: All DOCUMENTS IDENTIFYING repurchases made by YOU of the 2020 Mercedes GLS450, vehicles and allegedly containing any of the conditions, defects, or nonconformities for which Plaintiff presented the SUBJECT VEHICLE ...
2022.03.29 Demurrer to FAC 060
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.29
Excerpt: ... that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the property in question, within five years before the commencement of the action.” (CCP § 318.) Plaintiff argues the applicable statute of limitations is three years under CCP § 338(d) for “[a]n action for relief on the ground of fraud or mistake. The cause of action in that case is not deemed to have accrued until the discovery, by the aggrieved party, ...
2022.03.28 Motion to Quash Service of Summons for Lack of Personal Jurisdiction 856
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.28
Excerpt: ... all necessary jurisdictional criteria are met.” (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1232-1233.) Consent Plaintiff Civic Financial Services, LLC argues Collins consented to personal jurisdiction in California. He did not. “[A] party can consent to personal jurisdiction, when it would not otherwise be available.” (Global Packaging, Inc. v. Superior Court (2011) 196 Cal.App.4th 1623, 1629 (Global Packagi...
2022.03.28 Motion to Quash Service for Lack of Personal Jurisdiction, to Quash Service of Summons 687
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.28
Excerpt: ...137.) Walsh has never resided in California and was last in California 17 years ago. (Walsh Decl., ¶ 5.) She has never owned property in California. (Id., ¶ 6.) Except for online activities that happen to be accessible here, she has never done business in California. (Id., ¶ 7.) Plaintiff Judi Lynn Fox's opposition uses the term “general jurisdiction,” but plaintiff's substantive argument concerns specific jurisdiction based on “sufficie...
2022.03.28 Demurrer, Motion to Strike 686
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.28
Excerpt: ... LP; and The Medallion Inc. The first amended complaint fails to state sufficient facts to constitute conversion. “The basic elements of [conversion] are (1) the plaintiff's ownership or right to possession of personal property; (2) the defendant's disposition of the property in a manner that is inconsistent with the plaintiff's property rights; and (3) resulting damages.” (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th...
2022.03.23 Motion to Vacate Default, Judgment 955
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.23
Excerpt: ... in time to defend the action and a default or default judgment has been entered against him or her in the action,” the defendant may move to set aside the default or default judgment. (§ 473.5, sub. (a).) “Upon a finding by the court that the motion was [timely] and that [defendant's] lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect, it may set aside the default or d...
2022.03.23 Motion to Compel Arbitration 058
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.23
Excerpt: ...re for resolving arbitration fee disputes in elder abuse cases. “[T]he trial court must estimate the anticipated cost of the arbitration proceeding…, and then determine whether [plaintiff is] financially able to pay.” (Roldan v. Callahan & Blaine (2013) 219 Cal.App.4th 87, 96.) If not, the court “must issue an order specifying that [defendant] has the option of either paying that plaintiff's share of the arbitration cost or waiving its ri...
2022.03.23 Motion for Summary Judgment, Adjudication 747
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.23
Excerpt: ...ons, LLC (Drago). Evidentiary Objections Drago makes 11 objections to the declaration of Terry Karges. All 11 objections are overruled. Drago makes 23 objections to the declaration of Eitan Ginsburg. Objection Nos. 6, 9, and 11 are sustained. Objection Nos. 1-5, 7, 8, 10, and 12-23 are overruled. Drago makes six objections to the declaration of Franjo Dolenac. Objection Nos. 1, 2, 5, and 6 are sustained. Objection Nos. 3 and 4 are overruled. Pete...
2022.03.22 Applications Regarding Court's Preliminary Injunctions 861
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.22
Excerpt: ...the properties' boundary. And on July 20, 2020, the court issued a preliminary injunction requiring defendants to move their air conditioning and pool equipment to the area at the south side of their property. This order shall address two applications relating to the court's preliminary injunctions. The first is plaintiffs' application for an order to show cause (OSC) re contempt for defendants' failure to comply with the 2020 preliminary injunct...
2022.03.17 Demurrer, Motion to Strike 739
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.17
Excerpt: ...ed the fact with intent to defraud plaintiff; (4) plaintiff must have been unaware of the fact and would have acted otherwise if he had known of the concealed fact; and (5) the omission caused damages. (Boschma v. Home Loan Center, Inc. (2011) 198 Cal.App.4th 230, 248.) A cause of action for fraud requires specifically pleading each element. (Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4th 1356, 1384 (...
2022.03.17 Motion to Enforce Settlement 220
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.17
Excerpt: ..., Ex. C, ¶¶ 1.a-b.) The agreement provides for a stipulated judgment of $125,000 if defendants default. (Id., Ex. B, ¶ 1.d., Ex. C, ¶ 1.d.) Defendants defaulted after paying $84,999. (Moghaddami Decl., ¶¶ 8, 10.) A judgment of $125,000 against defendants may be void as an unenforceable penalty. A provision for liquidated damages upon default in a settlement agreement is void as an unenforceable penalty when it is disproportionate to the ant...
2022.03.15 Motion to Compel Arbitration 347
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.15
Excerpt: ...CCP § 1281.) The law favors enforcement of valid arbitration agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) Plaintiff Kamran Broukhim opposes the motion on the grounds that the arbitration clause does not apply to his claims and the agreement did not adequately inform him he was waiving his right to a jury trial. Scope of Agreement The agreement's arbitration provision applies to plaintiff's clai...
2022.03.14 Motion to Compel Arbitration 057
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.14
Excerpt: ...alifornia (2003) 31 Cal.4th 1187, 1195.) The issue of prejudice “is critical in waiver determinations.” (Id. at p. 1203.) “Because merely participating in litigation, by itself, does not result in a waiver, courts will not find prejudice where the party opposing arbitration shows only that it incurred court costs and legal expenses.” (Ibid.) Plaintiff fails to meet her burden of establishing waiver. Plaintiff filed the complaint on June 2...
2022.03.11 Demurrer to FAC 234
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.11
Excerpt: .... (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) Plaintiff fails to allege breach. He alleges two potential purported breaches. First, he alleges: “On or about February 19, 2021, Defendant's counsel wrote to SILVA that he was terminated under the AGREEMENT as of March 15, 2021 unless all work was completed, including approvals and work to be performed by Defendants. March 21 [sic], 2021 was, however, never defined in the Agreement as a...
2022.03.10 Motion to Compel Arbitration 390
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.10
Excerpt: ...f notice by two court days. (CCP § 1010.6(a)(4)(B).) Defendant served this motion by email on February 15, 2022. (Motion, p. 13, POS.) That was 16 court days before this hearing on March 10. Because defendant served the motion electronically, plaintiff was entitled to 18 court days' notice. The court exercises its discretion to consider the motion, though it was not timely served and filed. “[A] trial court has broad discretion in allowing rel...
2022.03.09 Motion for Summary Adjudication 967
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.09
Excerpt: ...s evidence. The objection is sustained. 1. Failure to Repair After Reasonable Number of Attempts Kia is entitled to summary adjudication of this cause of action. Under the Song-Beverly Act, the plaintiff must prove: “(1) the vehicle had a nonconformity covered by the express warranty that substantially impaired the use, value or safety of the vehicle (the nonconformity element); (2) the vehicle was presented to an authorized representative of t...
2022.03.09 Demurrer, Motion to Strike 235
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.09
Excerpt: ...causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct.” (Hughes v. Pair (2009) 46 Cal.4th 1035, 1050.) “An essential element of such a claim is a pleading of outrageous conduct beyond the bounds of human decency.” (Janken v. GM Hughes Electronics (1996) 46 Cal.App.4th 55, 80.) Plaintiff fails to a...
2022.03.08 Motion for Attorney Fees 058
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.08
Excerpt: ...CP § 2033.420(a).) “Costs of proof are recoverable only where the moving party actually proves the matters that are the subject of the requests. [Citations.] This means evidence must be introduced.” (Grace v. Mansourian (2015) 240 Cal.App.4th 523, 529 (Grace).) “ ‘Proof' is the establishment by evidence of a requisite degree of belief concerning a fact in the mind of the trier of fact or the court.” (Evid. Code, § 190.) The moving par...
2022.03.08 Demurrer, Motion to Strike 060
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.08
Excerpt: ...on requirements. The court therefore does not address the issue. I. Demurrer Plaintiff/cross-defendant St. Denis Homeowners Association demurs to the third cause of action for nuisance and the fifth cause of action for declaratory judgment. A. Nuisance Kelly alleges sufficient facts to constitute nuisance. St. Denis contends she does not allege breach of any duty independent of the parties' contract. “Conduct amounting to a breach of contract b...
2022.03.04 Motions to Compel Production of Docs, for Compliance with Responses 747
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.04
Excerpt: ...able. CCP § 2025.450(a) provides for a motion to compel the deposition of a party who fails to appear “without having served a valid objection under Section 2025.410.” Petersen served a notice of deposition for 47 specified matters with three requests for documents scheduled for December 14, 2021. (Dolenac Decl., ¶ 2, Ex. 1.) On December 9, 2021, Drago served objections. It generally objected that counsel and the deponent were not available...
2022.03.04 Motion to Quash Service of Summons 856
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.04
Excerpt: ...all necessary jurisdictional criteria are met.” (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1232-1233.) Consent Plaintiff Civic Financial Services, LLC argues Collins consented to personal jurisdiction in California. He did not. “[A] party can consent to personal jurisdiction, when it would not otherwise be available.” (Global Packaging, Inc. v. Superior Court (2011) 196 Cal.App.4th 1623, 1629 (Global Packagin...
2022.03.04 Demurrer 172
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.04
Excerpt: ...ush v. Superior Court (1992) 10 Cal.App.4th 1374, 1384.) Causes of action are identical when either would serve as res judicata or claim preclusion of the other. (Ibid.) A demurrer or plea of abatement on this basis can be sustained as to the common defendant when the actions also have some defendants not in common. (Wulfjen v. Dolton (1944) 24 Cal.2d 891, 897.) Plaintiff's first cause of action in this complaint is identical to the second cause ...
2022.03.03 Motion to Compel Further Responses 558 (2)
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.03
Excerpt: ...or work, and (9) she worked overtime, and all writings reflecting and evidencing: (10) the time she spent driving for work, and (11) the locations and businesses she visited for work. To each request, plaintiff responded: “After diligent search and reasonable inquiry, Responding Party shall produce all responsive documents in her possession, custody or control, produced herein as [specified Bates numbers].” Defendant argues that the documents...

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