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2022.01.06 Motion for Reconsideration 773
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.06
Excerpt: ...to file a copy of the writ of execution and notice of levy. (CCP § 700.190(b).) The court still has insufficient information to set an order to show cause under CCP § 704.770(a). This time Pore submitted a copy of the notice of levy and writ of execution, which the Sheriff submitted to the Recorder's Office and was recorded on July 20, 2021. (Ex. 2.) What the Sheriff submitted, however, has only blank spaces for how and when the notice of levy ...
2022.01.06 Demurrer 035
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.06
Excerpt: ...ting the estoppel must be injured by his reliance.' [Citation.]' ” (Flintco Pacific, Inc. v. TEC Management Consultants, Inc. (2016) 1 Cal.App.5th 727, 734 (Flintco).) Plaintiff alleges sufficient facts to constitute promissory estoppel. Flintco dealt with the same subject as this case: a general contractor's reliance on a subcontractor's bid. There, the Court of Appeal stated: A general contractor may recover damages incurred as a result of it...
2021.12.17 Demurrer 673
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.12.17
Excerpt: ... course of a DFEH investigation' [citation].” (Clark v. Superior Court (2021) 62 Cal.App.5th 289, 301.) First, defendant argues plaintiff's complaint fails against it because he did not identify Pacific Advisors, LLC as a respondent. A plaintiff need not precisely name the defendant's correct legal name in the administrative complaint. Martin v. Fisher (1992) 11 Cal.App.4th 118, 122 stated: The function of an administrative complaint is to prov...
2021.12.15 Demurrer, Motion to Strike 632
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.12.15
Excerpt: ...ion requires that: (1) defendant omitted, concealed, or suppressed a material fact; (2) defendant had a duty to disclose the fact to plaintiff; (3) defendant intentionally omitted or concealed 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 ...
2021.12.14 Motion to Vacate Default on Related Case, for Consolidation of Related Cases 017
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.12.14
Excerpt: ...his case, plaintiff Wolfe alleges malpractice against defendant S. Keven Steinberg, doing business as Steinberg Law. Wolfe alleges Steinberg “failed to recognize, bring and prosecute meritorious claims on behalf of Plaintiff.” (FAC, ¶ 7.) In the related case, Steinberg Law alleges numerous causes of action against Wolfe, all based upon allegations that Wolfe did not fully pay for Steinberg's legal services. CCP § 1048(a) provides, “When a...
2021.12.10 Motion to Dismiss or Stay Litigation 429
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.12.10
Excerpt: ... are in Kansas, not California. The first-filed rule in California means that when two courts of the same sovereignty have concurrent jurisdiction, the first to assume jurisdiction over a particular subject matter of a particular controversy takes it exclusively, and the second court should not thereafter assert control over that subject matter. The first-filed rule “was never meant to apply where the two courts involved are not courts of the s...
2021.12.10 Motion for Discovery of Peace Officer Personnel Records 893
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.12.10
Excerpt: ...nes “personnel records” to include “[c]omplaints, or investigations of complaints, concerning an event or transaction in which he or she participated, or which he or she perceived, and pertaining to the manner in which he or she performed his or her duties.” Motions for discovery of these records must include “[a]ffidavits showing good cause for the discovery or disclosure sought, setting forth the materiality thereof to the subject mat...
2021.12.10 Demurrer 060
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.12.10
Excerpt: ...; (4) justifiable reliance; and (5) damages. (Ryder v. Lightstorm Entertainment, Inc. (2016) 246 Cal.Ap.4th 1064, 1079.) “Every element of the fraud cause of action must be pleaded specifically, and the policy of liberal construction of the pleadings will not sustain a defective pleading.” (Thrifty Payless, Inc. v. The Americana at Brand, LLC (2013) 218 Cal.App.4th 1230, 1239.) That means the plaintiff must allege “facts which show how, whe...
2021.12.09 Motions to Compel Further Responses 858
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.12.09
Excerpt: ...o compel further responses when: (1) A statement of compliance with the demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general. Plaintiff is entitled to further responses. All of defendant's responses include boilerplate objections. Defendant does not meet numerous boilerp meritless objections. To each of the disputed requests, defen...
2021.12.06 Motion to Set Aside Default Judgment 662
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.12.06
Excerpt: ...s in applying section 473 must be resolved in favor of the party seeking relief from default.' ” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980.) Defendant Jackson establishes that the default and default judgment against him resulted from his mistake, inadvertence, surprise, or excusable neglect. Plaintiff SWW Investment LLC personally served Jackson on September 15, 2021. He had five days to respond. (CCP § 1167.) On September 16, Jackson ...
2021.12.06 Motion for Summary Judgment, Adjudication 566
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.12.06
Excerpt: ...rtion Foods, LLC (ProPortion or PPF) released its claims; (2) USI and Goldberg did not cause any damages; (3) ProPortion had no contract with USI and Goldberg; and (4) USI and Goldberg did not owe a fiduciary duty to ProPortion. On May 18, the court granted summary adjudication of the fifth cause of action for constructive fraud and denied the remainder of the motion. USI and Goldberg challenged the court's ruling via a petition for writ of manda...
2021.12.03 Motion to Strike 798
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.12.03
Excerpt: ...C cannot recover attorney fees against defendant WMCJ2D2, Inc. Plaintiff seeks contractual fees under Civil Code § 1717. Section 1717(a) provides, “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, w...
2021.12.03 Motions to Compel Further Responses 095
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.12.03
Excerpt: ...ny and am authorized as its agent to make this verification for and on its behalf, and I make this verification for that reason. The matters stated within the above referenced discovery responses are not all within my personal knowledge. I am informed and believe that there is no officer or employee of Ford Motor Company who has personal knowledge of all such matters. I am informed and believe that the information contained in said responses has ...
2021.12.01 Special Motion to Strike 947
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.12.01
Excerpt: ...�the cause of action is based on the defendant's protected free speech or petitioning activity.” (Id. at p. 89.) Second, once the defendant establishes the first element, courts “must then determine whether the plaintiff has demonstrated a probability of prevailing on the claim.” (Navellier, 29 Cal.4th at p. 88.) “[T]he plaintiff need only have stated and substantiated a legally sufficient claim.” (Ibid., internal quotations and citatio...
2021.11.18 Motion to Stay 839
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.11.18
Excerpt: ...is case, Victor Alarcon alleges various causes of action including quiet title against Epyon LLC (and other defendants) regarding commercial real property at 14536 Delano Street in Van Nuys. In case No. 21VEUD00576, Epyon LLC filed an unlawful detainer action against Victor Alarcon for possession to the same property. Both cases hinge on claims against, title to, and possession of the same property. The court finds the cases are related. Case No....
2021.11.18 Demurrer 309
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.11.18
Excerpt: ...ising out of: (i) the relationship between the Parties prior to the execution of this Agreement; (ii) the Bylaws and Resolutions for High Ten Partners, Inc.; and/or (iii) any other agreements by and between Seller, Buyer and/or Company.” (2nd Am. Cross-Comp., Ex. A, p. 2, ¶ 6.) On demurrer, this release does not apply because the second amended cross- complaint alleges Fu fraudulently induced the PSA. Persson v. Smart Inventions, Inc. (2005) 1...
2021.11.10 Motion to Set Aside Order Deeming Matters as Admitted 001
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.11.10
Excerpt: ...) The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party's action or defense on the merits. (c) The court may impose conditions on the granting of the motion that are just, including, but not limited to, the following: (1) An order...
2021.11.10 Demurrer 525
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.11.10
Excerpt: ...he initial complaint on the same ground. The first amended complaint has only minimal changes from the initial complaint. The relevant amendments are: · Plaintiff's publicly published charge description master sets forth a “menu” of prices and is posted on the Office of Statewide Health Planning and Development's website (FAC, ¶¶ 11, 15, 31); · Several patients were treated through plaintiff's emergency department (FAC, ¶ 12); · Plainti...
2021.11.03 Motions to Compel Deposition of PMQ, Further Responses 972
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.11.03
Excerpt: ... qualified regarding five categories concerning electronically stored information. They also move to compel production pursuant to the three accompanying requests for production of documents, which ask for documents about defendant's document retention policies and its training materials for Guidewire InsuranceNow software. Defendant argues these categories are overbroad because they concern electronic systems in general but have nothing to do wi...
2021.11.02 Motion for Preliminary Injunction 078
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.11.02
Excerpt: ... for a preliminary injunction “enjoining Defendant from removing” plaintiff from his “home” located at 2500 Glendower Avenue, Los Angeles, California 90027 (the property). (Motion, 2:3-4.) BACKGROUND FACTS Plaintiff claims that in January 2019, he began living in the property with its then-owner Robert Mintz. Mintz was an elderly man. Plaintiff claims he agreed to serve as Mintz's caretaker. He also claims that in January 2019, he entered...
2021.10.28 Motion to Compel Further Response to Subpoena 733
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.10.28
Excerpt: ...luding that the request is unduly burdensome and overbroad and seeks documents not relevant or proportional to the needs of the case. (Heerde Decl., Ex. C.) The request is overbroad in that it could reveal users reporting content (i.e., videos) that do not involve defendant Kendra Rowe. Plaintiffs allege interference by defendant Kendra Rowe in that she improperly obstructed their ability to use videos of her. It is not reasonably calculated to l...
2021.10.28 Motion for TRO, OSC Re Preliminary Injunction 939
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.10.28
Excerpt: ...ts have been served with the summons and complaint. Accordingly, at this time, the court does not have personal jurisdiction over the defendants and cannot grant an injunction against them. Plaintiff's motion also fails on the merits for two reasons. First, it is moot. Plaintiff seeks to prevent something scheduled to happen over two months ago on August 24. It is too late to do that. Second, plaintiff has insufficient evidence to justify a tempo...
2021.10.26 Motion for Leave to Amend Complaint 673
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.10.26
Excerpt: ...siness entity, form unknown” for: 1. Race Discrimination 2. Age Discrimination 3. Retaliation Pacific Advisors hired plaintiff on 1/1/19 as a financial service representative. He alleges defendant discriminated against him in various ways. MOVING PARTY POSITION Plaintiff wants leave to file a second amended complaint. OPPOSING PARTY POSITION None. REPLY POSITION None. DISCUSSION This one requires a timeline: 8/4/21: Plaintiff attempted to file ...
2021.10.26 Demurrer 745
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.10.26
Excerpt: ...ursuant to Civil Code section 1798.93; and (2) negligence. Plaintiff stipulated to dismiss the first cause of action. (Opp., p. 2, fn. 1.) SUMMARY OF FACTS ALLEGED IN COMPLAINT “Plaintiff owns a cellphone with wireless service provided by Verizon.” (Complaint, ¶ 21.) In 2019 or 2020, an unknown person used a “SIM swap” to steal plaintiff's personal identification information. (¶ 37.) A SIM (subscriber identity module) card is “an inte...
2021.10.25 Motion to Bifurcate, in Limine 628
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.10.25
Excerpt: ... was the attorney for Cohen in an allegedly frivolous lawsuit against Golden State Seafood. Schloss and Cohen sued Golden State Seafood under the Unruh Civil Rights Act because a delivery driver briefly parked in a handicapped parking space. MOVING PARTY POSITION Defendant Schloss moves to bifurcate the trial under CCP §§ 597 and 598. The affirmative defenses about collateral estoppel, res judicata, and unclean hands should be tried first. Thes...

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