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2022.03.03 Motion for Terminating and Monetary Sanctions 315
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.03
Excerpt: ...issal made this motion moot. It did not. Dismissal generally deprives the court of jurisdiction, but courts retain jurisdiction over collateral matters including sanctions under CCP §§ 128.5 and 128.7. (Day v. Collingwood (2006) 144 Cal.App.4th 1116, 1124-1125.) The court retains jurisdiction over this motion. The collateral matter of monetary sanctions is not moot. Merits Defendants move for sanctions on the grounds that plaintiffs' first amen...
2022.03.02 Motion to Compel Deposition of PMQ 901
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.02
Excerpt: ...drafts of a proposed protective order. (Id., ¶ 11.) That the parties ultimately could not agree on a protective order does not mean plaintiff failed to meet and confer in good faith. Merits Plaintiff noticed the deposition of defendant Lyft, Inc.'s person(s) most qualified to testify about 16 specified matters with 15 accompanying requests for production. Defendant made voluminous general objections and specific objections to each topic of exami...
2022.03.01 Motion to Strike or Tax Costs 430
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.01
Excerpt: ...net monetary recovery.” Plaintiff recovered $16,266.38. Defendant recovered nothing. Plaintiff won a net monetary recovery and is the prevailing party entitled to costs under CCP § 1032. Under Civil Code § 1794(d), a plaintiff can recover more expenses than under CCP § 1032. (Warren v. Kia Motors America, Inc. (2018) 30 Cal.App.5th 24, 42 (Warren).) But the plaintiff must do more than merely achieve a net monetary recovery. The plaintiff mus...
2022.03.01 Motion to Continue Trial 692
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.01
Excerpt: ...ony, documents, or other material evidence despite diligent efforts” indicates good cause. (Rule 3.1332(c)(6).) The failure of the parties and their counsel to diligently prepare for trial is not good cause to continue the trial. (Kuhland v. Sedgwick (1860) 17 Cal. 123, 128 [“The absence of evidence is no cause for a continuance, unless reasonable diligence has been used to procure it”]; People v. Grant (1988) 45 Cal.3d 829, 844 [a defendan...
2022.03.01 Motion for Protective Order 608
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.01
Excerpt: ....1345(a).) But rule 3.1345(b)(1) provides, “A separate statement is not required … [w]hen no response has been provided to the request for discovery.” There has been no response to these requests, so a separate statement is not required. Meet and Confer Plaintiff contends defendant failed to make a reasonable effort to informally resolve this dispute before filing its motion. “A meet and confer declaration in support of a motion shall sta...
2022.03.01 Demurrer 660 (2)
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.03.01
Excerpt: ...San Francisco CDC LLC v. Webcor Construction L.P. (2021) 62 Cal.App.5th 266, 281, fn. 5; Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117.) The requests for judicial notice are granted. Material Violation Plaintiff's first, third, fourth, fifth, and sixth causes of action require a “material violation” of the Homeowner's Bill of Rights. Civil Code § 2924.19(a)(1) provides, “If a trustee's deed upon...
2022.02.28 Motion to Compel Arbitration 539
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.28
Excerpt: ...t existing right; and (3) prejudice to the party opposing arbitration resulting from such inconsistent acts.” (Martin v. Yasuda (9th Cir. 2016) 829 F.3d 1118, 1124, internal quotes, citations, and alterations omitted [FAA]; Aviation Data, Inc. v. American Express Travel Related Services Co., Inc. (2007) 152 Cal.App.4th 1522, 1537 [CAA].) Defendants have waived their right to compel arbitration. First, they knew of their right to compel arbitrat...
2022.02.28 Motion for Partial Judgment on the Pleadings or to Strike 726
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.28
Excerpt: ...to comply with two procedural requirements under PAGA. First, PAGA has a pre-filing requirement of notice to the Labor and Workforce Development Agency (LWDA). A civil action by an aggrieved employee [under PAGA] shall commence only after the following requirements have been met: [¶¶] (2)(A) The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged viol...
2022.02.25 Motion for Summary Adjudication 747
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.25
Excerpt: ... amended complaint filed by plaintiff Drago Culinary Productions, LLC (Drago). EVIDENTIARY OBJECTIONS Defendant makes 20 objections to plaintiff's evidence. Objections 1-4, 9-10, and 14-20 are sustained. Objections 5-8 and 11-13 are overruled. ANALYSIS Courts grant summary adjudication where there are no triable issues of fact and the moving party shows that an action or cause of action must be decided in its favor as a matter of law. (Code Civ. ...
2022.02.23 Motion for Summary Judgment, Adjudication 736
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.23
Excerpt: ...ry Judgment Courts grant summary judgment or adjudication where there are no triable issues of fact and the moving party shows that an action or cause of 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.”...
2022.02.23 Motion for Summary Adjudication 541
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.23
Excerpt: ... complaint's second cause of action for breach of the implied covenant of good faith and fair dealing; 3. VDI and Gupta are entitled to judgment as a matter of law on their cross- complaint's first cause of action for declaratory judgment; and 4. The court should find “as a matter of law that Movants' duty pursuant to the Settlement Agreement alleged in the Complaint and Cross-complaint was limited only to precluding Movants from using or refer...
2022.02.23 Application to Shorten Time, to Reopen Discovery 986
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.23
Excerpt: ...me and advances the hearing on plaintiff's motion to bifurcate trial from March 22, 2022, to March 7, 2022, at 9:00 a.m. The parties are ordered to meet and confer within five days regarding bifurcation of trial. Tentative Ruling: Defendants Ladera Crest Homeowners Association's and Lordon Management's Six Discovery Motions Reopen Discovery Defendants Ladera and Lordon jointly move to reopen discovery for the court to rule on the other five motio...
2022.02.22 Demurrer 939
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.22
Excerpt: ...rm Entertainment, Inc. (2016) 246 Cal.Ap.4th 1064, 1079.) Plaintiff fails to allege a misrepresentation. Plaintiff alleges defendant has “raised improper fees and charges” on his mortgage. (Comp., ¶ 17.) “The amounts in the Notice of Default are incorrectly calculated, and includes charges not permitted under the loan document, and is in breach of the loan document.” (¶ 19.) Defendant has “been demanding under threat of foreclosure, a...
2022.02.18 Motion to Strike 979
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.18
Excerpt: ...h 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 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 ...
2022.02.18 Demurrer, Motion to Strike 566 (2)
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.18
Excerpt: ...demand or collect rent if: (1) the dwelling is substandard or not habitable; (2) a public employee inspected the premises and notified the landlord of his “obligations to abate the nuisance or repair the substandard conditions”; and (3) the conditions continued for 35 days after that notice. The complaint does not allege the second or third elements. It does not allege any public employee inspected the property or notified defendant of his ne...
2022.02.17 Motion to Compel Arbitration and Stay Action 269
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.17
Excerpt: ... 1281.2.) 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.” (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1060 (Espejo).) For this initial burden, “‘it is not necessary to follow the normal procedures of document authentication.' [Citation.]” (Id. at p. 1058.) Only aft...
2022.02.16 Motion to Dismiss 553
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.16
Excerpt: ...ents Limited (Haresh parties) move to dismiss plaintiff Shashikant Jogani's operative complaint for delay in prosecution. A. Applicable Time Limit The time limit for a plaintiff to bring an action to trial is governed by a chapter in the Code of Civil Procedure, section 583.110 et seq.[1] Plaintiff contends the applicable statute in this chapter is section 583.320. The Haresh parties contend it is 583.350. The court finds plaintiff is correct. Se...
2022.02.16 Motion for Terminating Sanctions, Monetary Sanctions, to Compel Compliance with Inspection Demand 405
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.16
Excerpt: ...erminating, or monetary sanctions. (CCP § 2030.300(e).) On July 28, 2021, the court ordered plaintiff to provide further responses to form interrogatory – general No. 8.7 and to special interrogatory No. 25 and to pay $2,765 in monetary sanctions. Plaintiff disobeyed that order. He has not paid the monetary sanctions. (Kossoff Decl., ¶¶ 15-17.) Plaintiff served supplemental responses but did not verify them under oath. (Ibid.) “Unsworn res...
2022.02.14 Motion to Quash Subpoenas 445
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.14
Excerpt: ...t make the subpoenas overbroad. Addressing a similar argument, the Court of Appeal in SCC Acquisitions, Inc. v. Superior Court (2015) 243 Cal.App.4th 741, 757, held: “The definitions included with the requests for production, though lengthy, do not make the requests overbroad, and do not turn them into blanket or generalized demands. The definition of ‘DOCUMENT,' for example, does not broaden the scope of the requests, but provides particular...
2022.02.14 Motion for Summary Adjudication 986
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.14
Excerpt: ...a) for violation of the Davis- Stirling Common Interest Development Act. Plaintiff argues there are no triable issues of fact as to whether Ladera violated Civil Code sections: (1) 4805, (2) 5655, (3) 5705, (4) 5720, and (5) 5710. Courts grant summary adjudication where there are no triable issues of fact and the moving party shows that a cause of action must be decided in its favor as a matter of law. (CCP § 437c(f)(1); Villa v. McFerren (1995)...
2022.02.10 Motion to Strike 960
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.10
Excerpt: ...s a matter of law or where the facts alleged fail to constitute oppression, fraud, or malice. (Grieves v. Superior Court (1984) 157 Cal.App.3d 159, 164; see Civ. Code, § 3294(a).) “ ‘Malice' means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.” (Civ. Code, § 3294(c)(1).) The comp...
2022.02.10 Demurrer to FAC 611
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.10
Excerpt: ...ent Claims Act The first amended complaint fails to allege sufficient facts to constitute a cause of action against defendant County of Los Angeles. The Government Claims Act “establishes certain conditions precedent to the filing of a lawsuit against a public entity.” (State of California v. Superior Court (2004) 32 Cal.4th 1234, 1237.) “[A] plaintiff must allege facts demonstrating or excusing compliance with the claim presentation requir...
2022.02.09 Motion to Strike or Tax Costs 058
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.09
Excerpt: ...hin 15 days after the date of service of the notice of entry of judgment.” (Cal. Rules of Court, rule 3.1700(a)(1).) Defendants served notice of entry of judgment on November 10, 2021. Fifteen days later fell on November 25—Thanksgiving Day. The day after Thanksgiving, November 26, was also a holiday. (CCP § 135.) “If the last day for the performance of any act provided or required by law to be performed within a specified period of time i...
2022.02.08 Motion to Compel Binding Arbitration 936
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.08
Excerpt: ... “defendant.” Evidentiary Objections Plaintiffs make two objections to the Declaration of Soheyl Tahsildoost. Both are overruled. Existence of Agreement Plaintiffs argue defendant failed to meet its burden of proving the existence of an agreement because they did not properly authenticate it. A party moving to compel arbitration must establish the existence of a written arbitration agreement between the parties. (CCP § 1281.2.) The moving pa...
2022.02.03 Demurrer, Motion to Strike 700
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.03
Excerpt: ...bdivision (a)(3) and sixth cause of action for fraudulent inducement in plaintiff Gonzalo Ponce Martinez's first amended complaint. I. Third Cause of Action for Violation of Civil Code § 1793.2(a)(3) Plaintiff's third cause of action is based on the Song-Beverly Consumer Warranty Act., Civil Code section 1790 et seq. (the Act). Under the Act, manufacturers of vehicles must “[m]ake available to authorized service and repair facilities sufficien...
2022.02.03 Motion to Compel Arbitration and Stay Proceedings 724
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.03
Excerpt: ...nt, or the receipt of any employment-related benefit, require any applicant for employment or any employee to waive any right, forum, or procedure for a violation of” FEHA or the Labor Code, including the right to file a civil action in court. But subdivision (f) provides, “Nothing in this section is intended to invalidate a written arbitration agreement that is otherwise enforceable under the Federal Arbitration Act (9 U.S.C. Sec. 1 et seq.)...
2022.02.02 Demurrer, Motion to Strike 017
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.02
Excerpt: ...h cause of action for negligent misrepresentation, and the 12th cause of action for “fraud – promise made without intent to perform.” After the Wolfe parties demurred, the court consolidated case Nos. 20STCV32017 and 21GDCV00232. Steinberg Law's complaint in No. 21GDCV00232 was deemed the cross-complaint to Wolfe's complaint in No. 20STCV32017. 10th Cause of Action: Intentional Misrepresentation Steinberg Law fails to allege sufficient fact...
2022.02.01 Demurrer 745
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.02.01
Excerpt: ...(FAC). SUMMARY OF FACTS ALLEGED IN FAC “Plaintiff is a customer of Verizon and has a dedicated Verizon wireless phone number as a member of family plan contract provided by Verizon. . . . The primary account holder of this Verizon family plan, Bin Dai, has also assigned all rights, causes of action, and claims he may have against Verizon to Plaintiff.” (FAC, ¶ 19.) “Verizon knew that Plaintiff owned a phone with Verizon wireless service be...
2022.01.28 Motion to Compel Further Discovery Responses 692
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.28
Excerpt: ...pel further responses when “[a] representation of inability to comply is inadequate, incomplete, or evasive.” (CCP § 2031.310(a)(2).) CCP § 2031.230 provides, “A representation of inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inabili...
2022.01.28 Motion to Compel Arbitration and Stay Proceedings 104
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.28
Excerpt: ... 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 whether the underlying dispute is subject to arbitration.' [Citation.]” (Tiri v. Lucky Chances, Inc. (2014) 226 Cal.App.4th 231, 241 (Tiri.)) Plaintiff argues, “[W]hen a party alleges that an arbitration agreement is unconscionable, ...
2022.01.28 Demurrer, Motion to Strike 367
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.28
Excerpt: ...amended cross-complaint (FACC) of TFCF Holdings LLC (FSLA), TFCF Latin American Channel LLC (FLAC), and Fox Sports Mexico Distribution LLC (FSMD). Santos also moves to strike portions of the first amended cross-complaint. REQUEST FOR JUDICIAL NOTICE Cross-defendant requests judicial notice of five exhibits. The request for judicial notice is denied as to exhibits one through four and granted as to exhibit five. DEMURRER Santos demurs to one of tw...
2022.01.27 Motion to Compel Arbitration 555
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.27
Excerpt: ...first amended complaint (FAC) alleges the following causes of action against defendants Arable, AC, Moss Adams LLP, and Kamaldeep Dhaliwal: # Cause of Action Against 1 Breach of Contract AC 2 Tortious Interference with Contract (California Law) Arable, Dhaliwal 3 Conspiracy to Tortiously Interfere with Contract Arable, Dhaliwal 4 Aiding and Abetting Tortious Interference with Contract Dhaliwal, Moss Adams 5 Tortious Interference with Contract (Wa...
2022.01.26 Demurrer, Motion to Strike 092
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.26
Excerpt: ...ant cannot reasonably respond.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695.) The complaint must sufficiently apprise defendants of the claims against them. (Ibid.) In addition, California Rules of Court, rule 2.112(4) requires that each cause of action must specifically state “[t]he party or parties to whom it is directed (e.g., ‘against defendant Smith').” Failure to properly identify the defendants t...
2022.01.25 OSC Re Preliminary Injunction 468
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.25
Excerpt: ... moving party will ultimately prevail on the merits and (2) the relative interim harm to the parties from issuance or nonissuance of the injunction.” (Butt v. State of California (1992) 4 Cal.4th 668, 677–678 (Butt).) The second factor concerns “the comparative consequences of the issuance and nonissuance of the injunction” before trial. (Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 442 (Common Cause).) “The trial court's ...
2022.01.25 Motion to Dismiss for Lack of Personal Jurisdiction 781
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.25
Excerpt: ...ack of personal jurisdiction. Powermax is a company organized in the People's Republic of China and maintains its principal place of business in Jiangmen City, Guangdong, China. (Tsui Decl., ¶ 5.) CCP § 418.10(a)(1) provides that a defendant (including a cross-defendant) may move “[t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” “When a nonresident defendant challenges personal jurisdictio...
2022.01.25 Motion to Compel Further Responses 109
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.25
Excerpt: ... the SUBJECT VEHICLE to YOU for repair. (For purposes of this request, the term “IDENTIFYING” seeks documents establishing the name of the complaining PERSON, the complaints made by such PERSON(S), the names of any lawyers involved as well as case names, court numbers, and locations and whether such repurchase was voluntary or pursuant to a court order.) 14: All DOCUMENTS evidencing, relating, or referring to complaints by owners of the 2020 ...
2022.01.24 Motion for New Trial 430
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.24
Excerpt: ...verdict in favor of plaintiff and against defendant in the amount of $16,266.38, and the court entered judgment in favor of plaintiff in that amount. Defendant Kia now moves for a new trial. I. Statutory Basis for Defendant's Motion Code of Civil Procedure section 657[1] sets forth seven grounds for a motion for new trial. In its notice of intention to move for new trial, defendant stated it was moving for a new trial on two grounds, namely exces...
2022.01.20 Motions to Compel Further Responses 385
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.20
Excerpt: ...tempt at an informal resolution of each issue presented by the motion.” (CCP § 2016.040.) Defendant argues plaintiff failed to meet and confer after receiving the latest supplemental responses on December 8, 2021. (Fitzpatrick Decl., Exs. C- D.) Plaintiff's meet and confer efforts were sufficient. Plaintiff had already met and conferred about each issue presented in the motions. (Flynn Decl., ¶¶ 8-9, 13-18, Exs. 6, 8-10.) After defendant ser...
2022.01.20 Motion to Enforce Settlement and Enter Judgment 536
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.20
Excerpt: ...ursuant to the terms of the settlement.” The parties' stipulation re: settlement provides that defendant International Private Label, Inc. agreed to make 18 monthly payments of $9,444.45 for a total of $170,000. (Katz Decl., Ex. A, ¶ 1.a.) It also provides: The Stipulation further provides: b. Entry of Judgment. If SANSOM fails to receive any payment within five days of the due date, SANSOM will retain the right to immediately enter a judgemen...
2022.01.14 Motions to Tax Costs 902
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.14
Excerpt: ...tionary costs, which “shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (CCP § 1033.5(c)(2).) “Items not mentioned in this section and items assessed upon application may be allowed or denied in the court's discretion.” (CCP § 1033.5(c)(4).) A “verified memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to ...
2022.01.13 Motion to Lift Stay on All Proceedings or to Lift Stay as to PAGA Proceedings Only 355
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.13
Excerpt: ...AA sent an email stating: Please be advised that California law (Code of Civil Procedure section 1284.3(a)) prohibits the Association from administering disputes arising out of employer promulgated plans if the agreement requires that the employee party pay the fees and costs incurred by an opposing party if the employee does not prevail in the arbitration, including, but not limited to, the fees and costs of the arbitrator, provider organization...
2022.01.13 Motion to Compel Arbitration, Demurrer 703
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.13
Excerpt: ...chising, LLC and ME SPE Franchising, LLC; 2. Motion to compel arbitration as to Jane Doe 2 of defendants Massage Envy Franchising, LLC and ME SPE Franchising, LLC; 3. Demurrer of Massage Envy Franchising, LLC and ME SPE Franchising, LLC to complaint as to Jane Doe 3, Jane Doe 4, and Jane Doe 5; and 4. Demurrer of Intervenor, The Members of Lloyd's Syndicate 1975 as constituted for the 2019 underwriting year of account acting through the Managing ...
2022.01.12 Demurrer 856
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.12
Excerpt: ...o Data Sys. v. Intel Corp. (2010) 184 Cal.App.4th 210, 236, disapproved of on other grounds in Kwikset Corp. v. Superior Court (2011) 51 Cal.4th 31.) It “ ‘preempts… common law claims… based on the same nucleus of facts as the as the misappropriation of trade secrets claim.' ” (K.C. Multimedia, Inc. v. Bank of America Technology & Operations, Inc. (2009) 171 Cal.App.4th 939, 955 quoting Digital Envoy, Inc. v. Google, Inc. (N.D.Cal., 200...
2022.01.11 Demurrer, Motion to Strike 939
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.11
Excerpt: ... by omission 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...
2022.01.11 Demurrer 923
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.11
Excerpt: ...t al. Cross-Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Plaintiffs/cPlaintiffs/cross-defendants City of Burbank (City) and the People of the State of California, by and through Joseph H. McDougall, City Attorney for the City of Burbank generally demur to the first amended cross-complaint filed by cross-complainants Barfly, Inc. (Barfly), Baret Lepejian, Lucas Lepejian, and Tayla Lepejian. Barfly operates as Tin Horn Flats Saloon & Grill in Burbank. Baret...
2022.01.10 Motion to Compel Arbitration and Dismiss or Stay Proceedings 026
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.10
Excerpt: ...y generally can meet its initial burden of showing an agreement by submitting a copy of the arbitration agreement signed by the opposing party. (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, 1060 (Espejo).) Plaintiff argues there is no arbitration agreement for two reasons. First, plaintiff disputes the authenticity of her signature. Once the plaintiff challenges a signature's authenticity, the moving party m...
2022.01.07 Motion for Summary Adjudication 472
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.07
Excerpt: ...use of 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 plaintiff moving for summary adjudication must prove each element of the cause of action. (CCP § 437c(p)(1).) 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 mov...
2022.01.07 Motion for Service by Publication 631
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.07
Excerpt: ...either: (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action. (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property. (b) The court shall order the summons...
2022.01.07 Motion for Attorney Fees 194
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.07
Excerpt: ...t of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.” “The plain wording of the statute requires the trial court to base the fee award upon actual time expended on the case, as long as such fees are reasonably incurred—both from the standpoint of time spent and the amount char...
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...
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 Motion to Unseal Records 513
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2022.01.06
Excerpt: ...Asbestos Lawsuit at page 6 of the Court's September 9, 2020 minute order shall be sealed; (2) the references to the Case Number for the Asbestos Lawsuit on the Court's case docket and register of actions shall be sealed; (3) the reference to the Case Number for the Asbestos Lawsuit in any public filing between the time of SHC's filing and this order shall be redacted and sealed; (4) the transcript of Sept. 9, 2020 [shall] be sealed. (Sept. 15, 20...
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 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 ...
2021.12.03 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...
2021.12.01 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...
2021.10.15 Motion to Withdraw Judicial Reference 346
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.10.15
Excerpt: ...sanctions (x3 for each defendant) BACKGROUND December 18, 2020: Plaintiff Bruce Beretta filed a Complaint against defendants Urban Commons, LLC; Taylor Woods; Howard Wu; and Does 1-20 for: 1) Breach of Contract 2) Breach of Guaranty 3) Money Had and Received 4) Account Stated Plaintiff loaned $2 million to Urban Commons via a Promissory Note on January 2, 2020. Defendants Woods and Wu each signed a personal guaranty. The Note initially matured on...
2021.10.14 Motion for Summary Adjudication 986
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.10.14
Excerpt: ...pulated judgment in Home Expo Financial's unlawful detainer action against Donnie Muldrow (4th Am. Comp., Ex. B) collaterally estops him from making any claim based on wrongful foreclosure. An unlawful detainer judgment can serve as res judicata or collateral estoppel to future “quiet title suits founded upon allegations of irregularity in a trustee's sale.” (Vella v. Hudgins (1977) 20 Cal.3d 251, 256.) The stipulated judgment here does not c...
2021.10.13 Motions to Reopen Discovery, for Financial Discovery 460
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.10.13
Excerpt: ...: (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 will prevent the case from going to trial on the date set, or otherwise interfere with the trial ...
2021.10.12 Motion for Terminating, Issue, or Evidence Sanctions, for Monetary Sanctions 331
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.10.12
Excerpt: ... party then fails to obey the order compelling a response, 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 this sanction, the court may impose a monetary sanction.” On May 27, 2021, the court granted plaintiff's motions to compel defendants Vinco Builders and JFC International Inc. to respond to requests for production...
2021.10.08 Motion to Compel Further Responses 383
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.10.08
Excerpt: ...: Was the EMPLOYEE involved in a TERMINATION? If so: (a) state all reasons for the EMPLOYEE'S TERMINATION; (b) state the name, ADDRESS, and telephone number of each PERSON who participated in the TERMINATION decision; (c) state the name, ADDRESS, and telephone number of each PERSON who provided any information relied upon in the TERMINATION decision; and (d) identify all DOCUMENTS relied upon in the TERMINATION decision. No. 201.3 asks: Were ther...
2021.10.08 Demurrer, Motion to Strike 445
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.10.08
Excerpt: ... when “it merely duplicates” other causes of action. (Shoemaker v. Myers (1990) 52 Cal.3d 1, 24.) Plaintiff's second cause of action merely duplicates the first cause of action for disability discrimination. Although perceived disability is a different factual allegation than actual disability, it gives rise to the same cause of action for disability discrimination under Government Code § 12940(a). Several provisions in the Government Code a...
2021.10.06 Demurrer, Motion to Strike 356
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.10.06
Excerpt: ...n of Gov. Code Section 12940 based upon race, ancestry, national origin, disability, age, etc.” 3. “Harassment, Discrimination and Retaliation in Violation of Gov. Code Section 12940.” 4. “Failure to Take Reasonable Steps to Prevent Harassment and Discrimination” 5. “Discrimination, Harassment, and Retaliation, in Violation of Public Policy” 6. “Failure to Make Reasonable Accommodation” The first amended complaint's only allegat...
2021.10.05 Motion to File Under Seal 949
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.10.05
Excerpt: ...t D. BENI-SS-008901 E. …8856 F. 8881 G. 8827 H. 8750 I. 8727 J. 8767 K. 7908 (Schein Decl., ¶¶ 10-20.) A court can only seal records 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 record is not sealed; (...
2021.10.05 Motion to Compel Arbitration and Stay Proceedings 499
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.10.05
Excerpt: ...e liberally construed. Doubts as to whether an arbitration clause applies to a particular dispute are to be resolved in favor of sending the parties to arbitration. The court should order them to arbitrate unless it is clear that the arbitration clause cannot be interpreted to cover the dispute.” (Bigler v. Harker School (2013) 213 Cal.App.4th 727, 738, internal quotes and citations omitted.) Plaintiff opposes on two grounds: (1) defendant did ...
2021.09.29 Motion for Judgment Enforcement Costs, Attorney Fees 624
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.09.29
Excerpt: ... March 25, 2021, the court entered judgment against petitioner Bill Sandlin and for respondents Neal Kelley and Molly McLaughlin and real parties in interest Frank McGill, Jaci Woods, and Ed Pope for $131.36 in trial court costs, $3,051.09 in appellate costs, and $289,983.75 in attorney fees under Code of Civil Procedure sections 425.16 and 1021.5. The real parties and respondents assigned their interest in the judgment to attorney Kenneth Agran,...
2021.09.28 Motions to Compel Compliance with Deposition Subpoena 397
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.09.28
Excerpt: ... 2021, New Icon served a subpoena for business records on non-party accounting firm RSM US LLP (RSM). (Slome Decl., Ex. 2.) It demands: A copy of all DOCUMENTS comprising the underlying accounting books, records, general ledgers, journals and registers relied upon or used by RSM US LLP in preparing the Form 1065 (U.S. Return of Partnership Income) for M Rhino Holdings, LLC for the years 2016, 2017, 2018, and 2019 (but specifically excluding copie...
2021.09.28 Demurrer 552
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.09.28
Excerpt: ...e Bank, the request was not signed under penalty of perjury. The court took judicial notice of the documents on February 11, 2021. In connection with its demurrer to plaintiff's second amended complaint (SAC), Chase Bank asks the court to take judicial notice of the same eight documents. The purpose of judicial notice is to accept “the existence of a matter of law or fact that is relevant to an issue in the action without requiring formal proof...
2021.09.27 Motion for Summary Judgment, Adjudication 986
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.09.27
Excerpt: ...of the Rosenthal Fair Debt Collection Practices Act (RFDCPA). Defendant Moore moves for summary judgment or summary adjudication of each cause of action. 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 pleadings; (2) ...
2021.09.27 Request for Default Judgment 360
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.09.27
Excerpt: ...lowing defects: 1. Service of Summons Plaintiff failed to provide adequate proof of service of summons on either defendant. “[C]compliance with the statutes governing service of process is essential to establish [a] court's personal jurisdiction over a defendant.” (Lebel v. Mai (2012) 210 Cal.App.4th 1154, 1160.) The proofs of service for both defendants show personal service on March 18, 2021 on “Manager for Beverly Hills Postal Place, And...
2021.09.22 Motion to Compel Binding Arbitration 089
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.09.22
Excerpt: ...d defendant Keyes European, LLC. The law favors enforcement of valid arbitration agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) “In light of California's strong public policy in favor of arbitration, broad contractual provisions for arbitration are to be liberally construed. Doubts as to whether an arbitration clause applies to a particular dispute are to be resolved in favor of sending the part...
2021.09.21 Motion for Leave to File SAC 873
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.09.21
Excerpt: ...any pleading “in furtherance of justice, and on any terms as may be proper.” (Code Civ. Proc., § 473, subd. (a)(1).) “This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution 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 favo...
2021.09.16 Motions to Compel Further Responses 695
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.09.16
Excerpt: ... motion.” (Code Civ. Proc., § 2016.040.) This rule aims “to encourage the parties to work out their differences informally so as to avoid the necessity for a formal order.” (Clement v. Alegre (2009) 177 Cal.App.4th 1277, 1293.) “[T]he law requires that counsel attempt to talk the matter over, compare their views, consult, and deliberate.” (Townsend v. Superior Court (1998) 61 Cal.App.4th 1431, 1439.) When the parties do not meet this o...
2021.09.09 Motion to Compel Arbitration and Stay Action 692
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.09.09
Excerpt: ... that sold the vehicle. The law favors enforcement of valid arbitration agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) “In light of California's strong public policy in favor of arbitration, broad contractual provisions for arbitration are to be liberally construed. Doubts as to whether an arbitration clause applies to a particular dispute are to be resolved in favor of sending the parties to ar...
2021.09.08 Motion to Quash Subpoenas 853
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.09.08
Excerpt: ..., refused to permit her extra breaks to express breastmilk, and disciplined her for taking time off she needed due to her pregnancy. (Comp., ¶¶ 2-4, 15-23.) Plaintiff worked at defendant's McDonald's franchise from May 2018 to December 2019. (Allenza Decl., Ex. C, Szabo Depo., 32:2-14.) In September 2019, she also started working at Little Caesars Pizza. (Allenza Decl., Ex. C, Szabo Depo., 26:6- 18.) After plaintiff's employment with defendant,...
2021.09.08 Motion for Attorney Fees 931
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.09.08
Excerpt: ...sia R. Buckley. All 14 objections are OVERRULED. Multiplier Plaintiff requests a 1.35 multiplier. The court declines to apply a multiplier to the lodestar. Multipliers may be awarded based on factors including “(1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, (4) the contingent nature of the fee ...
2021.09.08 Demurrers 703
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.09.08
Excerpt: ...ief jointly, severally, or in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action.” “This requirement that the right to relief arise from the ‘same transaction or series of transactions' has been construed broadly so that joinder of plaintiffs is permitted if there is any factual rel...
2021.09.08 Demurrer, Motion to Strike 085
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.09.08
Excerpt: ...(2019) 40 Cal.App.5th 140 [40 Cal.App.5th 140, 154.) For the statute of limitations, “the defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows merely that the action may be barred.” (E‐Fab, Inc. v. Accountants, Inc. Services (2007) 153 Cal.App.4th 1308, 1316.) Each cause of action has a statute of limitations of at least two years. (CCP §§ 338(b)-(c) [conversion]; 338(d) [fra...
2021.09.07 Demurrer, Motion to Strike 353
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.09.07
Excerpt: ...bber Co. v. Seaquist (1991) 235 Cal.App.3d 1, 18.) The information must be “the subject of efforts that are reasonable under the circumstances to maintain its secrecy.” (Civ. Code § 3426.1(d)(2).) In re Providian Credit Card Cases (2002) 96 Cal.App.4th 292, 300–301 (Providian) stated: The courts of this state have traditionally treated the issue of whether information constitutes a trade secret as a question of fact. There may be a number ...
2021.09.01 Motion to Transfer Venue, for Sanctions 541
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.09.01
Excerpt: ..., 2021. (Anderson Decl., Ex. E.) This motion was filed on July 16, within the time to answer. Proper Court CCP § 396b(a) provides that when a plaintiff sues in an improper court, the case must be transferred to the proper court. “It is the moving defendant's burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds.” (Mitchell v. Superior Court (1986) 186 Cal.App.3d 1040, 1046.) Plaintiff all...
2021.08.24 Motion to Seal Exhibits, for Sanctions 949
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.24
Excerpt: ... seal records 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 record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. (...

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