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2023.10.02 Motion for Judgment on the Pleadings 341
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.10.02
Excerpt: ...truments and their legal effects are subject to judicial notice under Evidence Code section 452, subdivisions (c) and (h). (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924, fn. 1; Ragland v. U.S. Bank National Assn. (2012) 209 Cal.App.4th 182, 194.) The sixth exhibit is a copy of the Contractor's License Detail for license No. 1104933, U & G Construction Inc, from the website of the California Department of Consumer Affairs, Cont...
2023.09.29 Motion for Issue and Evidence Sanctions, Terminating Sanctions 815
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.29
Excerpt: ...Code Civ. Proc., § 2023.030(a)), “an issue sanction ordering that designated facts shall be taken as established” or prohibiting a party “from supporting or opposing designated claims or defenses” (id., subd. (b)), “an evidence sanction by an order prohibiting” a party “from introducing designated matters in evidence” (id., subd. (c)), or “a terminating sanction” by striking a party's pleadings, staying the action, dismissing...
2023.09.29 Demurrer, Motion to Strike 648
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.29
Excerpt: ... Code section 452, subdivision (h), which permits judicial notice of “[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” This provision “is intended to cover facts which are not reasonably subject to dispute and are easily verified,” such as “facts which are widely accepted as established by experts and spe...
2023.09.28 Demurrer to SAC 334
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.28
Excerpt: ... nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintiff.” (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 821.) Hegge argues the second amended complaint does not allege he was a party to the subject contract. It alleges Hegge breached the partnership agreement governing defendant Mertz-Del Amo, a California general partnership. (SAC, ¶ 27, Ex. A.) Ouye alleges he is a general partner of the partnershi...
2023.09.27 Motion for Attorney Fees 800
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.27
Excerpt: ...y rely on its own experience and knowledge in determining the reasonable value of attorney fees. (Id. at p. 1096; accord Taylor v. Nabors Drilling USA, LP (2014) 222 Cal.App.4th 1228, 1249.) Basis for Attorney Fees A prevailing party can only recover attorney fees when authorized by contract, statute, or law. (CCP § 1033.5(a)(10).) Plaintiff claims attorney fees under three statutes: Code of Civil Procedure section 1021.6, Labor Code section 218...
2023.09.26 Motion to Compel Further Responses 568
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.26
Excerpt: ...urther responses on the basis that defendant produced documents that were not “identified with the specific request number to which the documents respond.” (CCP § 2031.280(a).) Defendant did that. On May 1, 2023, defendant served a notice of production including a table identifying which documents respond to which requests for production. (Reyes Decl., Ex. 2.) Unlike the written responses to requests for production (CCP §§ 2031.210(a)(1)-(...
2023.09.25 Motion in Limine to Exclude Expert Witness 472
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.25
Excerpt: ...urt to exclude the expert opinion of any witness offered by a party who has unreasonably failed to produce expert reports and writings as required by section 2034.270.” (Boston v. Penny Lane Centers, Inc. (2009) 170 Cal.App.4th 936, 952 (Boston).) The statute applies to “creation of expert reports and writings” by the expert (ibid.; see CCP §§ 2034.210(c), 2034.270), not to all documents an expert witness relies on or reviews. Plaintiff p...
2023.09.21 Motion to Compel Arbitration and Stay Action 467
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.21
Excerpt: ...lies. The court declines to reach the issue because the result would be the same under either the FAA or the California Arbitration Act. Existence of Agreement Defendants present sufficient evidence that plaintiff electronically signed the purported arbitration agreement. A motion to compel arbitration is “a summary proceeding.” (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1057.) The moving party can me...
2023.09.20 Motion to Compel Binding Arbitration 962
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.20
Excerpt: .... 3). Defendant is entitled to enforce the latter arbitration provision. Section 4 of Owner's Handbook & Warranty Information provides: “If you purchased or leased your Hyundai vehicle in the State of California, you and we each agree that any claim or disputes between us (including between you and any of our affiliated companies) related to or arising out of your vehicle purchase, use of your vehicle, the vehicle warranty, representations in t...
2023.09.20 Demurrer, Motion to Strike 510
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.20
Excerpt: ...trol Group, LLC (Crowd Control) because he does not meet the continuous membership requirement. To bring a derivative action on behalf of a limited liability company, the plaintiff must allege he “was a member, of record or beneficially, at the time of the transaction or any part of the transaction of which the plaintiff complains.” (Corp. Code, § 17709.02(a)(1).) “[S]ection 17709.02 requires both ‘contemporaneous' membership—meaning t...
2023.09.19 Demurrers 885
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.19
Excerpt: ...dual employees or coworkers are not liable for retaliation under Labor Code section 1102.5. Only employers can be liable. While no California court has decided the issue, persuasive authority has reached this conclusion. “District Courts have reasoned that if the California Supreme Court were to address the issue, it would hold that section 1102.5 does not impose personal liability on employees and supervisors.” (Mewawalla v. Middleman (N.D. ...
2023.09.19 Demurrer 245
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.19
Excerpt: ...rgue this cause of action is barred by the statute of limitations. A demurrer should be sustained where “the complaint shows on its face that the statute [of limitations] bars the action.” (E-Fab, Inc. v. Accountants, Inc. Services (2007) 153 Cal.App.4th 1308, 1315.) In evaluating a demurrer based on untimeliness, the court must determine: (1) which statute of limitations applies; and (2) when the claim accrued. (Id. at p. 1316.) The statute ...
2023.09.14 Motion to Compel Responses 334
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.14
Excerpt: ...rogatories or requests for production, the requesting party may move for an order compelling responses. (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [request for production].) Failing to timely respond waives any objections. (CCP §§ 2030.290(a); 2031.300(a).) Mertz-Del Amo served responses after Ouye filed these motions. The motions are therefore moot as to ordering Mertz-Del Amo to respond. The only remaining issues are whether Mertz-D...
2023.09.14 Motion to Quash Subpoenas or for Protective Order to Limit Subpoenas 568
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.14
Excerpt: ...ions to the declaration of Viridiana E. Aceves. Objection Nos. 1, 2, and 4 are sustained. Objection No. 3 is overruled. Meet and Confer Plaintiff did not make an adequate attempt to informally resolve this dispute. A motion “for an order staying the taking of [a] deposition and quashing [a] deposition notice … shall be accompanied by a meet and confer declaration under Section 2016.040.” (CCP § 2025.410(c).) “A meet and confer declaratio...
2023.09.13 Demurrer to FAC 593
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.13
Excerpt: ...v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695, internal quotes and alterations omitted.) The complaint must sufficiently apprise defendants of the claims against them. (Ibid.) Plaintiff's amendments cured the initial complaint's uncertainty. The first amended complaint may not be a model of clarity, but it now labels its causes of action, including expressly alleging defendant breach three separate contracts. (FAC, ¶¶ 8- 10.) It ...
2023.09.12 Motion to Compel Further Responses 738
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.12
Excerpt: ...bjection in the response is without merit or too general.” (CCP § 2031.310(a).) Meet and Confer Defendant General Motors, LLC argues plaintiff did not meet and confer in good faith before filing this motion. Plaintiff sent a detailed meet and confer letter on July 20, 2023 (Treybig Decl., ¶¶ 23-24, Ex. 5), over three weeks before filing this motion. The record includes no evidence that defendant responded to the letter. Defendant asserts the...
2023.09.12 Motion to Compel Arbitration 415
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.12
Excerpt: ... because CarMax assigned its contractual rights to ACA. “An assignee stands in the shoes of the assignor, taking his or her rights and remedies subject to any defenses the obligor has against the assignor prior to notice of the assignment.” (Creative Ventures, LLC v. Jim Ward & Associates (2011) 195 Cal.App.4th 1430, 1447, internal quotes omitted.) ACA authenticated a copy of a retail installment sales contract between plaintiff and CarMax. (...
2023.09.08 Motions to Set Aside and Vacate Judgment, for New Trial 944
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.08
Excerpt: ... consistent with or not supported by the facts.” (CCP § 663, subd. 1.) “In ruling on a motion to vacate the judgment the court cannot ‘ “in any way change any finding of fact.” ' ” (Glen Hill Farm, LLC v. California Horse Racing Bd. (2010) 189 Cal.App.4th 1296, 1302.) Defendant contends the judgment relies on an incorrect or erroneous legal basis because the court did not properly apply the lease and its addendum's terms defining “...
2023.09.08 Motions to Compel Further Responses 952
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.08
Excerpt: ...unding interrogatories may move to compel further responses when an answer “is evasive or incomplete,” “[a]n exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate,” or “[a]n objection to an interrogatory is without merit or too general.” (CCP § 2030.300(a).) Code of Civil Procedure section 2030.220 provides how a party must answer interrogatori...
2023.09.08 Demurrer to FAC 119
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.08
Excerpt: ...ree causes of action allege violations of the Franchise Investment Law (FIL), Corporations Code section 3100, et seq. Defendants argue plaintiffs have no standing to sue under that law because they do not qualify as “franchisees.” The law “grant[s] standing to sue for violations of the Franchise Investment Law to franchisees or subfranchisors.” (Dameshghi v. Texaco Refining & Marketing, Inc. (1992) 3 Cal.App.4th 1262, 1284, overruled on o...
2023.09.07 Demurrer, Motion to Strike 142
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.07
Excerpt: ...ause of action. Intentional infliction of emotional distress requires: “(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of 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....
2023.09.06 Motions to Seal, In Limine 367
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.06
Excerpt: ...ion transcripts. Legal Standard for Sealing Records California Rules of Court, rule 2.550(d) provides: A court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the ...
2023.09.06 Motion for Discovery Sanctions, Terminating Sanctions 411
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.06
Excerpt: ... against Kelly Seidlitz and Annette Seidlitz. “If a party” disobeys an “an order compelling further response to interrogatories, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction … . In lieu of, or in addition to, that sanction, the court may impose a monetary sanction.” (Code Civ. Proc., § 2030.310, subd. (e).) Kelly Seidlitz and Annette Seidli...
2023.09.05 Motion to Compel Special Responses, Deposition, Production of Docs 234
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.09.05
Excerpt: ... set one. When a party fails to timely respond to interrogatories, the requesting party may move for an order compelling responses. (CCP § 2030.290(b).) Failure to timely respond waives any objections. (CCP § 2030.290(a).) Gibson served special interrogatories, set one, on plaintiff on January 4, 2023. (Rosenthal Decl., ¶ 2, Ex. A.) Plaintiff had not served responses as of July 27, when Gibson filed this motion. (Id., ¶ 3.) Plaintiff did not ...
2023.08.31 Motion to Compel Responses 537
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.31
Excerpt: ...rogatories, and requests for production of documents. When a party fails to timely respond to interrogatories or demands for inspection, the requesting party may move for an order compelling responses. (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [demands for inspection].) Failure to timely respond waives any objections. (CCP §§ 2030.290(a); 2031.300(a).) On May 24, 2023, defendant Carrington Mortgage Services, LLC served set one of for...
2023.08.30 Motion for Summary Judgment, Adjudication 040
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.30
Excerpt: ...arty shows that an action must be decided in its favor as a matter of law. (CCP § 437c(f)(1); Villa v. McFerren (1995) 35 Cal.App.4th 733, 741.) A moving defendant must show “that one or more elements of the cause of action… cannot be established, or that there is a complete defense to the cause of action.” (CCP § 437c(p)(2).) Once the moving party does so, the burden shifts to the opposing party to show a triable issue of at least one ma...
2023.08.30 Demurrer to SAC 822
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.30
Excerpt: ...cts as true, but a demurrer does not admit the plaintiff's contentions nor conclusions of law or fact.” (Czajkowski v. Haskell & White, LLP (2012) 208 Cal.App.4th 166, 173.) Courts “will not close their eyes to situations where a complaint contains allegations of fact inconsistent with attached documents, or allegations contrary to facts which are judicially noticed.” (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593,...
2023.08.30 Motion to Compel Further Responses 200
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.30
Excerpt: ...P Plaintiff Ugo O. Asobie moves to compel further responses by defendant Universal Protection Services, LP (Universal) to special interrogatories Nos. 1-72, 79, 80, 89, and 90. A party propounding interrogatories may move to compel further responses when an answer “is evasive or incomplete,” “[a]n exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate,...
2023.08.30 Motion to Bifurcate, Motions in Limine 692
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.30
Excerpt: ... returns a verdict for plaintiff awarding actual damages and finds that a defendant is guilty of malice, oppression, or fraud.” (Civ. Code, § 3295(d).) This provision “requires a court, upon application of any defendant, to bifurcate a trial so that the trier of fact is not presented with evidence of the defendant's wealth and profits until after the issues of liability, compensatory damages, and malice, oppression, or fraud have been resolv...
2023.08.30 Motion to Compel Arbitration and Stay Action 768
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.30
Excerpt: ...� (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1057 (Espejo).) The moving party can meet the “initial burden to show an agreement to arbitrate by attaching a copy of the arbitration agreement purportedly bearing the opposing party's signature.” (Id. at p. 1060.) For this initial burden, “ ‘it is not necessary to follow the normal procedures of document authentication.' ” (Id. at p. 1058.) Only aft...
2023.08.28 Motion to Compel Binding Arbitration 143
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.28
Excerpt: ...anty of merchantability against all defendants, (3) negligent repair against all defendants, (4) misrepresentation against all defendants, and (5) violation of the Magnuson-Moss Warranty Act (Magnuson-Moss Act) against Hyundai Motor America. 2022 Owner's Handbook & Warranty Information Section 4 of plaintiff's vehicle owner's handbook and warranty information provides that “for California vehicles only,” “you and we, Hyundai Motor America, ...
2023.08.28 Motion for Summary Judgment, Adjudication 840
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.28
Excerpt: ...ges four causes of action: 1. breach of loan agreement, 2. fraud, 3. common count, and 4. rescission. The motion does not mention plaintiff's causes of action for fraud or rescission. Legal Standard A plaintiff moving for summary adjudication must prove each element of each cause of action; once the plaintiff does so, the burden shifts to the defendant to show a triable issue of at least one material fact. (Aguilar v. Atlantic Richfield Co. (2001...
2023.08.25 Motion to Compel Arbitration 234
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.25
Excerpt: ... signatures on a new contract with different terms (Opp. Ex. 2). Plaintiffs oppose the motion on the grounds that they never agreed to arbitrate these disputes because they did not sign the contract. They do not, however, dispute entering the first agreement. The question for this motion is thus whether, by signing the first agreement, plaintiffs agreed to arbitrate disputes arising from the alleged forgery of a second contract. “In light of Ca...
2023.08.24 Motion to Quash Service of Summons or to Stay for Forum Non Conveniens 552
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.24
Excerpt: ...ff Ido Erlich Webber requests judicial notice of eight exhibits. Exhibits A through E are five LLCs' statements of information filed with the Secretary of State. Exhibits F, G, and H are three certificates of limited partnerships filed with the Secretary of State. These documents are subject to judicial notice because they are public records not reasonably subject to dispute and capable of immediate and accurate determination by resort to the Sec...
2023.08.23 Motion to Compel Arbitration and Dismiss Claims or Stay Proceedings 590
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.23
Excerpt: ...ntiff's declaration. All 14 objections are overruled. Delegation to Arbitrator Defendant argues an arbitrator, not the court, should determine whether the parties' arbitration agreement must be enforced. “Parties to an arbitration agreement may agree to delegate to the arbitrator, instead of a court, questions regarding the enforceability of the agreement. [Citation.] They ‘can agree to arbitrate almost any dispute—even a dispute over wheth...
2023.08.22 Motion for Summary Adjudication 632
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.22
Excerpt: ...5) 35 Cal.App.4th 733, 741.) Courts use a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue.” (Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) Sixth Cause of Action for Fraud Defendant does not meet its initial burden of ne...
2023.08.21 Motion to Compel Arbitration and Stay Action 947
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.21
Excerpt: ...s such a dispute, plaintiff cannot be compelled to arbitration. Defendants argue the EFAA does not apply because the law is not retroactive, and plaintiff's cause of action for harassment accrued before it was enacted. The court agrees the EFAA “does not apply retroactively.” (Murrey v. Superior Court (2023) 87 Cal.App.5th 1223, 1230 (Murrey).) Instead, the law applies “with respect to any dispute or claim that arises or accrues on or after...
2023.08.18 Demurrer, Motion to Strike 874
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.18
Excerpt: ...tion 1102.5. Both require that defendants employed plaintiffs. (Miklosy v. Regents of University of California (2008) 44 Cal.4th 876, 901 [a “cause of action for wrongful termination in violation of public policy lies only against an employer”]; Lawson v. PPG Architectural Finishes, Inc. (2022) 12 Cal.5th 703, 709 [“section 1102.5 prohibits an employer from retaliating against an employee”].) Defendants argue plaintiffs have not alleged s...
2023.08.18 Motion for Summary Judgment, Adjudication 394
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.18
Excerpt: ...another action, Jennifer Medvin v. Dignity Health, et al., No. 20STCV07382. Plaintiff requests judicial notice of two other documents from that action: (1) notice of settlement and (2) request for dismissal of the entire action. All three documents are court records whose existence and legal effects are subject to judicial notice under Evidence Code § 452(d). (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120.) All three re...
2023.08.18 Motion to Vacate Order Compelling Case to Arbitration 852
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.18
Excerpt: ...l arbitration.” (CCP § 1281.97(a)(1).) If the drafting party does not timely pay, the employee may “[w]ithdraw the claim from arbitration and proceed in” court. (CCP § 1281.97(a)(2).) “[T]he Legislature intended courts to apply the statute's payment deadline strictly.” (Espinoza v. Superior Court (2022) 83 Cal.App.5th 761, 771.) “[T]he triggering event is nothing more than nonpayment of fees within the 30-day period—the statute sp...
2023.08.17 Motion to Charge Member Interests in Limited Liability Companies 357
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.17
Excerpt: ...he declaration of Michael D. Chang and six objections to the declaration of Heather N. Blackinton. All objections are overruled. Service on LLCs Judgment creditor shows adequate proof of service on the four LLCs. “A lien on a judgment debtor's interest in a partnership or limited liability company is created by service of a notice of motion for a charging order on the judgment debtor and on either of the following: [¶] (2) All members or the l...
2023.08.16 Motion for Reconsideration 875
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.16
Excerpt: ...or law are claimed to be shown.” (Ibid.) The moving party must also show diligence and explain why he or she could not have presented the new or different facts or law earlier. (California Correctional Peace Officers Assn. v. Virga (2010) 181 Cal.App.4th 30, 46; Baldwin v. Home Sav. of America (1997) 59 Cal.App.4th 1192, 1200.) Plaintiff does not meet this standard. All of plaintiff's arguments and the new or different facts, circumstances, or ...
2023.08.15 Motion for Summary Judgment 357
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.15
Excerpt: ...sues of fact exist and the moving party is entitled to judgment as a matter of law. (CCP § 437c(c); Villa v. McFerren (1995) 35 Cal.App.4th 733, 741.) Courts use a three-step analysis: “(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue.” (Hinesley v. Oakshade Tow...
2023.08.11 Motions for Summary Judgment, Adjudication 367
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.11
Excerpt: ...FCF Holdings LLC, fka FSLA Holdings LLC (FSLA) move for summary judgment or, in the alternative, summary adjudication on the causes of action asserted by plaintiff and cross-defendant Santos Laguna, S.A. de C.V. (Santos) in its First Amended Complaint. Santos moves for summary adjudication of the sole remaining cause of action in FSLA's Cross-Complaint, its first cause of action for breach of contract. I. Legal Standard The court may grant summar...
2023.08.10 OSC Re Entry of Default, Re Sanctions 591
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.10
Excerpt: ...ejudice on January 4, 2023. Plaintiff therefore cannot obtain judgment against Sharma. Unknown Defendants Plaintiff's second amended complaint names as defendants all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to plaintiff's title under Code of Civil Procedure section 762.060(a). Those defendants have “the same rights as are provided by law in cases...
2023.08.10 Motion to Compel Further Responses, Second Deposition 681
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.10
Excerpt: ...to produce responsive documents, and to attend a second session of his deposition. This motion is procedurally defective. As defendant acknowledges, discovery is closed. (Motion, pp. 12-13.) “[A]ny party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on or before the 15th day, before the date initially set for the trial of the action.” (CCP § ...
2023.08.10 Demurrer, Motion to Strike 884
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.10
Excerpt: ...ts for judicial notice are granted. Demurrer Defendants Marc A. Collins, Azim Khanmohamed, and Collins & Khan LLP demur to the second and third causes of action alleged in the second amended complaint by plaintiffs Marshall Knoll and Reni Knoll, as an individual and in his capacity as trustee of the Hawkland Living Trust. 2nd Cause of Action: Extortionate Threats Plaintiffs do not allege sufficient facts for this cause of action. Civil extortion ...
2023.08.09 Motions to Vacate Void Sanctions Order, for Sanctions 713
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.09
Excerpt: ...17, Koplowitz filed a motion to quash service of summons and vacate her default. The court first heard the motion on December 6, 2017. The court's minute order notes process server Henrik Agasyan testified and was “ordered to return on” January 5, 2018. On January 5, 2018, Agasyan testified again. The court denied Koplowitz's motion. Koplowitz moved for reconsideration of that order and to vacate her default. On March 19, 2018, the court hear...
2023.08.09 Motion to Modify or Dissolve Preliminary Injunction 861
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.09
Excerpt: ...rising from the noise produced by defendants' air conditioning (AC) and pool equipment. The court ordered defendants to move all their AC and pool equipment to the area on the south side of their property—away from plaintiffs' property to the north. Defendants now seek an order dissolving the injunction or modifying it to permit them to relocate their two AC condensers to the roof of their property. A court may modify or dissolve a preliminary ...
2023.08.08 Demurrer to FAC 952
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.08.08
Excerpt: ...cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.” Rather than disclosing an actual violation of law, “the employee must show only that he or she reasonably believed that there was a violation of a statute, rule, or regulation.” (Nejadian v. County of Los Angeles (2019) 40 Cal.App.5th 703, 719 [contrasting subdivisio...
2023.07.28 Demurrer to FAC 154
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.28
Excerpt: ...de § 452(d). (Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120.) Defendant also requests judicial notice of “The State Bar of California's listing of licensed attorneys (calbar.ca.gov) which shows neither Janice Deutsch or Duff Shidaker are licensed to practice law in the State of California.” That fact is subject to judicial notice as an official act of the judicial department and a fact not reasonably subject to disp...
2023.07.27 Motion to Continue Trial 815
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.27
Excerpt: ...n essential testimony, documents, or other material evidence despite diligent efforts” indicates good cause. (Rule 3.1332(c)(6).) Plaintiff shows good cause to continue the trial by 90 days. Plaintiff has shown an excused inability to obtain essential testimony or other evidence despite diligent efforts. Plaintiff's deposition of defendant Chong H. Park shows plaintiff could not obtain essential evidence despite diligent efforts. After Chong H....
2023.07.27 Demurrer 445
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.27
Excerpt: ...omplaint. (2) Set forth the facts on which the plaintiff seeks to recover. (3) Describe the premises with reasonable certainty. (4) If the action is based on paragraph (2) of Section 1161, state the amount of rent in default. (5) State specifically the method used to serve the defendant with the notice or notices of termination upon which the complaint is based.” The complaint meets all five requirements. First, it includes a verification and t...
2023.07.26 Motion for Sanctions 713
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.26
Excerpt: ...rty as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay.” (CCP § 128.5(a).) “ ‘Actions or tactics' ” include, but are not limited to, the making or opposing of motions or the filing and service of a complaint, cross-complaint, answer, or other responsive pleading.” (Id., subd. (b)(1).) “ ‘Frivolous' means totally and completely without merit or for the sole purpose ...
2023.07.25 Motion for Relief from Stay Order 567
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.25
Excerpt: ... are sustained. Objection Nos. 1 and 2.a, 2.b, 2.e, and 2.g-2.n are overruled. Lifting Stay On August 22, 2022, the court issued an order finding this civil action related to the unlawful detainer action and staying the unlawful detainer action. The court ordered the stay is subject to the following conditions: “(1) David Abbasi must pay defendant Jerry Davidson his monthly mortgage costs; (2) David Abbasi must pay Jerry Davidson all taxes on t...
2023.07.25 Demurrer to FACC 735
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.25
Excerpt: ...misrepresentation, (3) concealment, and (4) negligent concealment. The fifth cause of action alleges comparative indemnity. Cross-defendants' demurrer does not directly address the elements of any of these causes of action. The demurrer argues that the first amended cross-complaint's claims all arise from the complaint by plaintiff Arcadia Ramos against defendant/cross-complainant Salvador for various wage and hour violations under the Domestic W...
2023.07.24 Demurrer to FAC 629
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.24
Excerpt: ...he complaint is part of the court's file in this action. Defendants' request for judicial notice is denied. Plaintiff requests judicial notice of 26 facts or exhibits labeled A through Z. Assuming any of those facts or documents may be subject to judicial notice under Evidence Code section 452, they are not relevant or necessary to the court's analysis. (See Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn....
2023.07.21 Motion to Set Aside Default Judgment 632
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.21
Excerpt: ...er, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (CCP § 473(b).) “Because the law favors disposing of cases on their merits, ‘any doubts 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.) Defendants present sufficient evidence that their defaults and the default judgment...
2023.07.20 Motion to Compel Responses, to Deem Admitted Truth of Facts and Genuineness of Docs 270
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.20
Excerpt: ...uction, set one. When a party fails to timely respond to interrogatories or demands for inspection, the requesting party may move for an order compelling responses. (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [demands for inspection].) Failure to timely respond waives any objections. (CCP §§ 2030.290(a); 2031.300(a).) Defendant served form interrogatories – general, set one and request for production, set one by mail to plaintiff on ...
2023.07.18 Demurrer, Motion to Strike 158
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.18
Excerpt: ...f it “is so incomprehensible that a defendant cannot reasonably respond.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695.) A complaint must sufficiently apprise defendants of the claims against them. (Ibid.) Plaintiff's second amended complaint is not uncertain. It clearly and concisely alleges the basis for defendant's liability. Plaintiff alleges she had surgery at Cedars- Sinai in 1995. (SAC, ¶ 5.) “Duri...
2023.07.17 Motion for Leave to Submit Tardy Expert Witness Info 986
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.17
Excerpt: ...hich the opposing party has relied on the absence of a list of expert witnesses. (b) The court has determined that any party opposing the motion will not be prejudiced in maintaining that party's action or defense on the merits. (c) The court has determined that the moving party did all of the following: (1) Failed to submit the information as the result of mistake, inadvertence, surprise, or excusable neglect. (2) Sought leave to submit the info...
2023.07.17 Demurrer, Motion to Strike 344
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.17
Excerpt: ...ing Act (FEHA) based on disability, including the portions of the first and second causes of action for discrimination and harassment, the ninth cause of action for failure to provide reasonable accommodation, and the 10th cause of action for failure to engage in the interactive process. A party may move to “[s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of th...
2023.07.14 Petition to Vacate or Alter Final Arbitration Award, Motion to Confirm Arbitration Award 713
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.14
Excerpt: ...ll confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceedings.” (CCP § 1286.) Evidentiary Objections Koplowitz makes 14 objections to the declaration of Robert Shtofman in support of Sunset's petition to vacate the arbitration award. Objection Nos. 1, 3, and 7-14 are sustained. Objection Nos...
2023.07.13 Motions to Compel Further Responses 815
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.13
Excerpt: ...se discovery disputes. These disputes carried on for months. Plaintiff's counsel made numerous attempts to meet and confer over that time. In the circumstances, these efforts were sufficient. Requests for Admission Plaintiff Dana Moon moves to compel defendant Chong H. Park to serve further responses to requests for admission Nos. 8, 10, 22, 23, 24, 36, 37, 41, 42, 43, 66, 80, 84, 97, 103, and 105. A party requesting admissions may move to compel...
2023.07.13 Motion for Leave to Reopen Discovery and Extend Discovery Cutoff Date 472
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.13
Excerpt: ...ation any matter relevant to the leave requested, including, but not limited to, the following: (1) The necessity and the reasons for the discovery. (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier. (3) Any likelihood that permitting the discovery or hearing the discovery motion wil...
2023.07.12 Demurrers 695
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.12
Excerpt: ...antively identical to a general demurrer—after the time to demur has expired. (CCP § 438(f)(2); Korchemny v. Piterman (2021) 68 Cal.App.5th 1032, 1054-1055 [defendant may move for judgment on the pleadings under § 438 or under common law].) Overruling the demurrer because it is late would thus serve no useful purpose. The court will treat Aaron Green's demurrer as a motion for judgment on the pleadings. 2nd Cause of Action for Fraud Against A...
2023.07.10 Motion to Compel Depositions 106
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.10
Excerpt: ...not meet and confer with defendant Farmers Group, Inc. as required before moving to compel the deposition of its person(s) most qualified. A motion to compel deposition under Code of Civil Procedure section 2025.450, subdivision (a) “shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described i...
2023.07.10 Motion to Compel Arbitration and Stay Proceedings 888
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.10
Excerpt: ...greement. Equitable Estoppel Defendants rely on the doctrine of equitable estoppel and the opinion in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 (Felisilda). “[A] nonsignatory defendant may invoke an arbitration clause to compel a signatory plaintiff to arbitrate its claims when the causes of action against the nonsignatory are intimately founded in and intertwined with the underlying contract obligations.” (Id. at p. 495.) After defen...
2023.07.07 Motion to Tax or Strike Costs 058
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.07
Excerpt: ...l case other than a juvenile case is entitled to costs on appeal.” Rule 8.278(a)(2) provides, “The prevailing party is the respondent if the Court of Appeal … dismisses the appeal.” On April 10, 2022, plaintiff appealed the judgment. On January 5, 2023, the Court of Appeal dismissed the appeal. The Court of Appeal issued a remittitur on March 9, 2023. Medicali Holdings Inc. and Charles Weinberger were the respondents. Because the Court of...
2023.07.07 Motion to Strike FAC 270
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.07
Excerpt: ...his provision, courts may strike a pleading that is not signed. (Vaccaro v. Kaiman (1998) 63 Cal.App.4th 761, 768.) “Every pleading shall be subscribed by the party or his or her attorney.” (CCP § 446(a).) “An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.” (CCP § 128.7(a).) “[A]n unsigned complaint is an irregularity, rather than a ...
2023.07.06 Demurrer to FACC 282
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.06
Excerpt: .... Salem's complaint alleges Chronicpractor breached a commercial lease in 2020. (Comp., p. PLD-C-001, ¶ BC-2.) Cross-defendant argues Salem lacks standing because he no longer owned the property in 2020. Cross- defendant requests judicial notice of a grant deed transferring the property to Salem Commercial Investments, LLC in 2017. (RJN, Ex. 3.) Lack of standing may be a defense for Chronicpractor against plaintiff's complaint. And if Chronicpra...
2023.07.03 Demurrer to SAC 058
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.07.03
Excerpt: ...Someone with an easement cannot state a cause of action for trespass against the servient property's owner unless the easement constitutes “an exclusive possessory right in that property.” (Id. at p. 1174.) Plaintiffs and defendant own neighboring properties. Pursuant to a recorded property instrument between the parties' predecessors, plaintiffs have an easement over part of defendant's property. Only if the easement is exclusive can they br...
2023.06.29 Motion to Strike 347 (2)
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.29
Excerpt: ...s may strike allegations related to punitive damages where the facts alleged cannot support recovery of punitive damages under Civil Code section 3294. (Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 64.) Conclusory allegations are not enough. (Smith v. Superior Court (1992) 10 Cal.App.4th 1033, 1042.) Plaintiff alleges sufficient facts to constitute malice. “ ‘Malice' means conduct which is intended by the def...
2023.06.27 Demurrer, Motion to Strike 497
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.27
Excerpt: ...he two entity defendants, Synergy Traffic and American Traffic (and not Kenneth R. Jones), demur to the first cause of action on the grounds that they did not enter the alleged contract. The court addresses this cause of action below because the same reasoning applies to the entity defendants' arguments on all three causes of action. 2nd Cause of Action for Promissory Fraud Plaintiff alleges sufficient facts for promissory fraud. Fraud generally ...
2023.06.26 Demurrer, Motion to Strike 739
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.26
Excerpt: ...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 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 13...
2023.06.26 Motion for Leave to File FAC 510
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.26
Excerpt: ...of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Courts exercise their discretion “liberally to permit amendment,” and “[t]he policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428.) Defendants Paul Sandweiss and Christian Schrader argue the a...
2023.06.26 Motion for Terminating Sanctions 098
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.26
Excerpt: ...ting sanctions. (CCP §§ 2030.290(c) [interrogatories], 2031.300(c) [requests for production].) Plaintiff Maria Delgado disobeyed the court's order compelling discovery responses. On March 8, 2023, the court ordered her to serve verified responses to defendant's form interrogatories and requests for production of documents within 30 days. The court also ordered plaintiff to pay $2,542.20 in monetary sanctions within 30 days. Defendant served not...
2023.06.23 OSC Re Default, Judgment 620
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.23
Excerpt: ...ief summary of the case; (2) declarations or other admissible evidence in support of the judgment requested; (3) interest computations as necessary; (4) a memorandum of costs and disbursements; (5) a proposed form of judgment; (6) a dismissal of all parties against whom judgment is not sought; (7) a dismissal of all parties against whom judgment is not sought or an application for separate judgment under CCP § 579, supported by a showing of grou...
2023.06.23 Motion for Judgment on the Pleadings 352
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.23
Excerpt: ... totaling is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff¿Tufeld¿Corporation (“Plaintiff”¿or “Tufeld”)¿is the owner and landlord of property consisting of a city lot located at 973-77 Wilshire Blvd., Beverly Hills, California (“Property”).¿Defendant Beverly Hills Gateway LP (“Defendant”¿or “BHG”)¿is the current tenant on the Property pursuant to a¿ground lease (“Ground Lease”) which was execut...
2023.06.22 Special Motion to Strike 086
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.22
Excerpt: ...endant has made a threshold showing that the challenged cause of action is one arising from protected activity.” (Navellier v. Sletten (2002) 29 Cal.4th 82, 88 (Navellier).) The defendant must show “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 prob...
2023.06.22 Motion to Dismiss Based on Exclusive Forum Selection Provision 023
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.22
Excerpt: ...itation.] Moreover, a court will normally reject any claims that the chosen forum is unfair or inconvenient.” (Richtek USA, Inc. v. uPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 661.) “A forum selection clause is valid in the absence of the resisting party meeting a heavy burden of proving enforcement of the clause would be unreasonable under the circumstances of the case.” (Bancomer, S. A. v. Superior Court (1996) 44 Cal.App.4th 1450...
2023.06.21 Motion for Reconsideration of Order Compelling Arbitration 692
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.21
Excerpt: ...division provides, “If a court at any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.” The statute's plain language does not permit a party to make such a motion. Instead, a party's motion to reconsider an order granted by the court must abide by the restrictions of Code of Civil Procedure section 1008(a), including that th...
2023.06.21 Demurrer 593
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.21
Excerpt: ...% of whatever moneys Plaintiff will save Yoav in lawsuits in Israel” (¶ 29, Ex. 2 [written in Hebrew]); (2) “the foundational agreement” in October 2012, under which Yoav agreed to “pay Plaintiff $2.5 million for his work in Los Angeles” (¶ 12, Ex. 4); (3) a settlement agreement executed on March 31, 2015, under which Yoav agreed to pay plaintiff $1.5 million by September 30, 2015 (¶ 20, Ex. 12). The complaint alleges Yoav Botach did...
2023.06.16 Motion to Compel Further Responses 930
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.16
Excerpt: ...nadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310(a).) Meet and Confer GM argues plaintiff failed to meet and confer in good faith as required before filing this motion. The court finds plaintiff made a sufficient effort to informally resolve these disputes. Though plaintiff's letters did not separately address each request for production, plaintiff adequately addressed...
2023.06.15 Motion to Compel Deposition, for Sanctions 875
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.15
Excerpt: ...y Depose Jacob Emrani Plaintiff The Law Offices of Jacob Emrani, APC argues defendant cannot depose Jacob Emrani, the individual, because he is not a party to this action. “The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify.” (CCP § 2025.280(a).) Plaintiff does not dispute that Jaco...
2023.06.15 Motion to Compel Binding Arbitration and Stay Civil Proceedings 915
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.15
Excerpt: ...e ground of waiver bears a heavy burden [citation], and any doubts regarding a waiver allegation should be resolved in favor of arbitration.” (St. Agnes Medical Center v. PacifiCare of California (2003) 31 Cal.4th 1187, 1195 (St. Agnes).) The California Supreme Court has held 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,...
2023.06.14 Motion to Compel Arbitration and Stay Action 607
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.14
Excerpt: ...greement. Plaintiff argues the Code of Civil Procedure governs discovery in any arbitration proceeding. Defendant argues the JAMS Rules should apply. (Yuzna Decl., ¶¶ 4, 6, Ex. A.) The current dispute over the discovery provision does not pertain to whether the parties agreed to arbitrate disputes. “Contract formation is governed by objective manifestations, not the subjective intent of any individual involved. The test is what the outward ma...
2023.06.14 Motion for Order to Serve Defendants 648
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.14
Excerpt: ...In an action for recovery of damages suffered as a result of childhood sexual assault” (CCP § 340.1(a)), section 340.1 requires filing “certificates of merit” by plaintiff's counsel and a licensed mental health practitioner (id., subds. (g-h)). The certificates of merit by plaintiff's counsel Michael A. Amaro state he reviewed the facts of the case, consulted with a mental health practitioner, and concluded there is reasonable and meritori...
2023.06.13 Motion for Mandatory Relief from Default 184
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.13
Excerpt: ... vacate any (1) resulting default entered by the clerk against his or her client.” (CCP § 473(b).) Timeliness Plaintiff Virginia Hazarian argues defendant's motion is untimely. A motion to set aside default based on an attorney's affidavit of fault must be “made no more than six months after entry of judgment.” (CCP § 473(b).) Defendant filed this motion more than six months after the clerk entered its default on September 29, 2022. But n...
2023.06.12 Demurrer, Motion to Strike 119
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.12
Excerpt: ... plaintiff People's Pizza LLC. Defendants argue the complaint only alleges facts regarding plaintiff Kenji Morinaga, “the chief executive of People's Pizza,” rather than People's Pizza LLC itself. (Comp., ¶ 7.) In general, the law recognizes “separation between an individual and a business entity.” (Curci Investments, LLC v. Baldwin (2017) 14 Cal.App.5th 214, 221.) As defendants argue, that an LLC's sole member has a cause of action does...
2023.06.09 Motion for Terminating, Issue, Evidentiary, and Monetary Sanctions 230
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.09
Excerpt: ...urt may impose such sanctions against a party who disobeys a court order compelling further responses to requests for production (CCP § 2031.310(i)) or an order compelling inspection or production of documents (CCP § 2031.320(c)). Court Orders Plaintiff contends defendant violated two related court orders. On June 29, 2016, the court granted plaintiff's motion to compel defendant Dignity Health to further respond to requests for production. (Ma...
2023.06.08 OSC Re Entry of Default Judgment 631
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.08
Excerpt: ...abeled “request to enter default judgments for good cause against defendants T.L. Beach Ltd.; Greendot Limited; Four Star Development; Flower Funding; North Star Holdings; Rafael A. Alburto Soza; Javier Padilla; Randal Fox; and Dorothy R. Brown Smith.” Defendant North Star Holdings Plaintiff's request to enter default judgments purports to include a stipulation with defendant North Star Holdings to set aside a deed of trust in lieu of service...
2023.06.07 Motion for Summary Judgment, Adjudication 659
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.07
Excerpt: ... to defendants' evidence. All 10 objections are overruled. Defendants make five objections to plaintiff's evidence. All five objections are overruled. Legal Standard Summary judgment should be granted where no triable issues of fact exist and the moving party is entitled to judgment as a matter of law. (CCP § 437c(c); Villa v. McFerren (1995) 35 Cal.App.4th 733, 741.) Courts use a three-step analysis: “(1) identify the issues framed by the ple...
2023.06.06 Demurrer, Motion to Strike 343
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.06
Excerpt: ... Leonardo Ramirez-Alvarez, Keila Daniela Ramirez-Alvarez, and Dasha Sadash Ramirez. 4th Cause of Action: Business & Professions Code § 17200 Plaintiffs allege sufficient facts for this cause of action. Defendants argue plaintiffs have not shown that any wrongful conduct is defendants' “regular practice.” (Demurrer, p. 7.) Business and Professions Code section 17200, however, “covers single acts of misconduct.” ( Klein v. Earth Elements, ...
2023.06.01 Motion for Attorney Fees 608
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.01
Excerpt: ...s and rates: Timekee er Barry (rate 1) Barry (rate 2) Barry (rate 3) Quinn (rate 1) Quinn (rate 2) Galaviz (rate 1) Galaviz (rate 2) Hayes (rate 1) Hayes (rate 2) Norris Pascal (rate 1) Pascal (rate 2) Kim (rate 1) Rate Hours $525 $600 $625 $500 $550 $425 $515 $400 $450 $425 $300 $350 $250 8.5 16.1 5 2.8 0.3 11.4 0.3 5.5 0.3 6.4 9 0.3 69.5 Billed 4,462.50 9,660.00 3,125.00 1,400.00 165.00 4,845.00 154.50 2,200.00 135.00 2,720.00 2,700.00 105.00 1...
2023.06.01 Motion for Attorney Fees 578
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.01
Excerpt: ...e following attorney fees and expenses: Timekeeper Rate Hours Billed Kaufman Mandel Flansburg Masri Subtotal Multiplier Other Costs Total $595 $395 $210 $150 1.5 69.9 17.1 1.8 0.5 s 41,590.50 6,754.50 378.00 75.00 48,798.00 73,197.00 2,147.38 75,344.38 Hourly Rates Attorney Joseph Kaufinan bills $595 hourly. Attorney Jacqueline Mandel bills $395 hourly. Defendant Nissan North America, Inc. argues the court should reduce their rates to $400 and $2...
2023.06.01 Demurrer to SAC 102
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.06.01
Excerpt: ...rsity internal administrative remedies before filing suit in superior court for retaliatory termination under _ _ Labor Code section 1102_5_" (Campbell v. Regents of University ofCa/ifornia (2005) 35 Cal_4th 3 1 1, 317 The University of California's whistleblower protection policy requires employees to "file their complaints with a Sworn Statement within 12 months of the actions believed to be retaliatory." (RJN, Ex_ B, p. 1.) UCLA procedure 620 ...
2023.05.31 Motion for Summary Judgment 565
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.05.31
Excerpt: ...party is entitled to judgment as a matter of law. (CCP 437c(c); Villa v. McFerren (1995) 35 Cal App_4th 733, 741.) Courts use a three-step analysis. "(1) identihr the issues framed by the pleadings, (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence ofa triable, material factual issue." (Hinesley v. Oakshade Town Center (2005) 135 calApp_4th 289, 294) P...
2023.05.30 Motion for Monetary Sanctions and Terminating Sanction, to Deem Truth of Matters Admitted 586
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.05.30
Excerpt: ...s to requests for production or interrogatories, "[i]f a party then fails to obey" the order, "the court may make those orders that are just, including" imposing monetary, issue, evidence, or terminating sanctions. (CCP [interrogatories], 2031 _300(c) [requests for production] _ ) Defendant Eldridge disobeyed two orders compelling discovery responses. On January 10, 2023 the court ordered Eldridge to respond to form interrogatories, set one, with...
2023.05.30 Demurrer, Motion to Strike 445
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.05.30
Excerpt: ...o any alleged cause of action, we examine the factual allegations of the complaint, 'to determine whether they state a cause of action on any available legal theory.' " (Adelman v. Associated Intern. Ins. Co. (2001) 90 Cal App_4th 352, 359.) Moreover, gross negligence is not truly a cause of action, as the demurrer ackrlowledges_ (Cin of Santa Barbara v. Superior Court (2007) 41 Cal 4th 747, 779—780 (Santa Barbara) ["We do not view our holding ...

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