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2021.08.24 Motion for Leave to File Complaint 150
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.24
Excerpt: ...eave depends on whether the proposed crossclaims are compulsory or permissive. Crossclaims are compulsory for any “related cause of action,” meaning any that “arises out of the same transaction, occurrence, or series of transactions or occurrences as the cause of action which the plaintiff alleges in his complaint.” (CCP § 426.10(c) [defining “related cause of action”]; see CCP § 426.30(a) [prohibiting other actions against plaintif...
2021.08.20 Demurrer 345
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.20
Excerpt: ...and citations omitted.) “It has long been established that in ruling on a demurrer, the trial court is obligated to look past the form of a pleading to its substance. Erroneous or confusing labels attached by the inept pleader are to be ignored if the complaint pleads facts which would entitle the plaintiff to relief.” (Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908; accord Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 13...
2021.08.20 Motion for Determination of Good Faith Settlement 093
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.20
Excerpt: ... the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors.” A determination of good faith “shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (CCP § 877.6(c).) CCP § 877.6(d) provides, “The party asserting the la...
2021.08.20 Demurrer 400
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.20
Excerpt: ...tion 51(f) incorporates the Americans with Disabilities Act, for which the plaintiff “need not prove intentional discrimination.” (Munson v. Del Taco, Inc. (2009) 46 Cal.4th 661, 665.) Defendant argues the complaint fails under this theory because, without a nexus to a physical location, a website is not a “place of public accommodation” under the ADA. The second theory is for intentional discrimination under Civil Code §§ 51(b) and 52(...
2021.08.19 Motion for Summary Judgment, Adjudication 856
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.19
Excerpt: ...ions 1-3, 5-11, 13-16, 18-21, 24, 25, 27, 28, 30, 32-34, 36-41, 46, and 47 are overruled. Summary Judgment or Adjudication Courts grant summary judgment or adjudication where no triable issues of fact exist and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c); Villa v. McFerren (1995) 35 Cal.App.4th 733, 741.) Courts “liberally construe the evidence in support of the party opposing summary judgme...
2021.08.18 Demurrer 367
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.18
Excerpt: ..., fka FSLA Holdings LLC (FSLA) to five of the causes of action in plaintiff Santos Laguna, S.A. DE C.V.'s (Santos) complaint. Defendants now demur to three of the eleven causes of action in plaintiff's first amended complaint (FAC) on the ground they fail to state facts sufficient to constitute a cause of action.[1] (Code Civ. Proc., § 430.10, subd. (e).) I. Fourth Cause of Action for Breach of the International Agreement Santos operates men's a...
2021.08.17 Motion to Compel Binding Arbitration and Stay Action 673
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.17
Excerpt: ...der the Federal Arbitration Act, “any party arguing waiver of arbitration bears a heavy burden of proof. As such, a party seeking to prove waiver of a right to arbitration must demonstrate: (1) knowledge of an existing right to compel arbitration; (2) acts inconsistent with that 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 (Mar...
2021.08.16 OSC Re Dismissal, Motion to Quash Service of Summons and Dismiss for Lack of Personal Jurisdiction 094
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.16
Excerpt: ... alleges five causes of action against defendant Regina Sadykova: 1) Electronic impersonation [Penal Code § 528.5] 2) Invasion of privacy 3) False light 4) Appropriation of name or likeness 5) Defamation Plaintiff alleges that on September 14, September 15, and December 23, 2020, defendant posted on Instagram in Russian referring to the parties' divorce proceedings in Russia and accusing plaintiff of bribing judges. (FAC, ¶¶ 10-12.) In Novembe...
2021.08.16 Motion for Leave to Amend Complaint 477
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.16
Excerpt: ...of the proceeding, including during trial, when no prejudice to the opposing party is shown.” (P&D Consultants, Inc. v. City of Carlsbad (2010) 190 Cal.App.4th 1332, 1345 (P & D).) Courts have discretion to deny leave to amend when (a) the moving party has delayed bringing the proposed amendment; and (b) the delay in seeking leave to amend will cause prejudice to an opposing party. (Hirsa v. Superior Court (1981) 118 Cal.App.3d 486, 490.) Calif...
2021.08.16 Demurrer, Motion to Stay All Proceedings 625
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.16
Excerpt: ...urisdiction' provides that where two (or more) courts possess concurrent subject matter jurisdiction over a cause, the court that first asserts jurisdiction assumes it to the exclusion of all others, thus rendering ‘concurrent' jurisdiction ‘exclusive' with the first court.” (Franklin & Franklin v. 7‐ Eleven Owners for Fair Franchising (2000) 85 Cal.App.4th 1168, 1175 (Franklin).) “The rule is based upon the public policies of avoiding ...
2021.08.13 Motion to Compel Further Responses, OSC Re Contempt, for Monetary Sanctions 549
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.13
Excerpt: ...n in the email accounts of plaintiff Lev Katsenelenson and his wife, Nicole Fu. In its request, defendant seeks to have an outside data-extraction consultant to forensically inspect, copy, and extract electronically stored information in: (1) the email from plaintiff to Crystal O'Brien dated March 20, 2018; and (2) the email from Nicole Fu to plaintiff dated November 12, 2020. (Okelberry Decl., Ex. E.) On December 21, 2020, Plaintiff responded on...
2021.08.12 Motion to Compel Deposition 846
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.12
Excerpt: ...a motion to compel the deposition of a party who fails to appear without having served a valid objection. Plaintiff served an objection with two grounds: (1) plaintiff and counsel were unavailable on the date defendant unilaterally selected without a good faith attempt to mutually schedule the date (citing Local Rule 3.A(e)(2)-(3)); and (2) a notice limiting questioning to the arbitration agreement violates Local Rule 3.A.(e)(1). (Harwin Decl., E...
2021.08.12 Demurrer 309
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.12
Excerpt: ...Buyer hereby expressly releases, remises, acquits and discharges each other and Company and its successors, parents, subsidiaries, affiliates, assigns as well as each of their respective owners, officers, directors, employees and agents (collectively “Releasees”) from and forever waive and relinquish, any and all claims, counterclaims, rights, set-offs, suits, damages (including, but not limited to, compensatory damages, tort damages, contrac...
2021.08.11 Motion for Summary Judgment, Adjudication 849
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.11
Excerpt: ...ons. First, plaintiff failed to include an indispensable party. It is undisputed that Xceed Financial Credit Union has a security interest in the property based on a deed of trust from refinancing the property in 2014. (First Am. Comp., ¶¶ 9-10.) The only dispute is whether that means Xceed must be named as a defendant. Xceed is a necessary party. CCP § 872.510 provides, “The plaintiff shall join as defendants in the [partition] action all p...
2021.08.11 Motion for Summary Judgment, Adjudication 078
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.11
Excerpt: ...Herman makes 14 objections to defendants' evidence. The declarations of Allen Todd Justice and Raymond Scott Coffman were both signed under penalty of perjury under the laws of the State of North Carolina in Charlotte, North Carolina. CCP § 2015.5(b) requires that a declaration executed outside of California specify that the declarant certifies under penalty of perjury under the laws of the State of California. The declarations and exhibits they...
2021.08.10 Motions to Confirm Arbitration Award, Vacate Arbitration Award 760
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.10
Excerpt: ...decide whether to confirm the award regardless of whether defendants' motion was filed too soon because plaintiff filed a motion to vacate the award. CCP § 1286 provides, “If a petition or response under this chapter is duly served and filed, the court shall 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 ...
2021.08.10 Motion to Compel Arbitration, for Dismissal of Action or Stay of Action Pending Arbitration 802
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.08.10
Excerpt: ...onscionability using a sliding scale. (Serafin v. Balco Properties Ltd., LLC (Serafin) (2015) 235 Cal.App.4th 165, 185.) Plaintiff shows some procedural unconscionability. “Procedural unconscionability focuses on oppression or surprise due to unequal bargaining power.” (Armendariz v. Foundation Health Psychcare Services, Inc. (Armendariz) (2000) 24 Cal.4th 83, 114, internal quotes omitted.) “Procedural unconscionability occurs when the stro...
2021.07.30 OSC Re Nunc Pro Tunc 659
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.30
Excerpt: ...011.” On January 26, 2021, the clerk again rejected plaintiff's application for renewal of judgment, stating, “There is only 1 Judgment on file. The last Application for and Renewal of Judgment filed on 3-7-11 shows both Debtors on 1 Application. You can add an attachment if the Judgment amounts for each Debtor differ.” On March 10, 2021—after the March 7 deadline—the clerk accepted plaintiff's final application for renewal and issued a...
2021.07.28 Demurrer 799
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.28
Excerpt: ...te a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) The TAC includes many legal conclusions and arguments. The court shall assume the ultimate facts alleged in the complaint are true, but shall not assume as true the TAC's contentions, deductions or conclusions of fact or law. (Nguyen v. Ford (2020) 49 Cal.App.5th 1, 11.) The TAC alleges two causes of action: (1) breach of contract and (2) tortious breach of the implied covenant of goo...
2021.07.28 Application for Admission Pro Hac Vice 150
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.28
Excerpt: ...tiary Objections Defendants Venkat Devineni, Global Soft Technologies LLC, Nucleus Erudition and Research Corp., and Quantilus, Inc. make numerous objections throughout their separate statement of facts in opposition to the motion. California Rules of Court, rule 3.1354 requires evidentiary objections be filed separately and requires one of two formats for evidentiary objections and the proposed order on them. Rule 3.1354(b) provides: “All writ...
2021.07.26 Motion to Compel Arbitration, Stay Proceedings 963
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.26
Excerpt: ...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).) Only after the opposing party “challenge[s] the validity of that signature” must the moving party “establish by a preponderance of the evidence that the signature was authentic.” (I...
2021.07.22 Motion to Compel Arbitration and Dismiss Action or Stay Proceedings 659
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.22
Excerpt: ...and supplemental (17-24) declarations of Justine San Luis. All 24 objections are OVERRULED. Existence of Agreement The California Arbitration Act provides that courts shall grant motions to compel arbitration where the parties executed a valid written agreement to arbitrate. (CCP § 1281.2) The law favors enforcement of valid arbitration agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) Defendants su...
2021.07.21 Demurrer 972
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.21
Excerpt: ...allegations, affirmative defenses assert new allegations that would defeat the plaintiff's claims. (CCP § 431.30(b); FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 383-385.) Affirmative defenses must not be pled as “terse legal conclusions,” but “rather … as facts averred as carefully and with as much detail as the facts which constitute the cause of action and are alleged in the complaint.” (In re Quantification Settlem...
2021.07.20 Application to Seal Portions of Exhibit, to Bifurcate Trial 553
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.20
Excerpt: ... opposition to the Haresh parties' motion to bifurcate trial. The publicly filed version of the document completely redacts pages 57 to 116 of the deposition transcript. CRC 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...
2021.07.20 Motion to Compel Arbitration and Stay Action 200
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.20
Excerpt: ...een you and us or our employees, agents, successors or assigns, which arises out of or relates to your credit application, purchase or condition of this vehicle, this contract or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. (Proudfoot Decl., Ex. A, p. 5.) Of plaintif...
2021.07.20 Motion to Dismiss for Lack of Personal Jurisdiction 781
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.20
Excerpt: ...ctric Co., Ltd. moves to dismiss for lack of personal jurisdiction. 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.” As stated in Floveyor Internat., Ltd. v. Superior Court (1997) 59 Cal.App.4th 789, 797, “A state court's assertion of personal jurisdiction over a nonresident defendant who has not been serve...
2021.07.19 Demurrer, Motion to Strike 292
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.19
Excerpt: ... allege sufficient facts for this cause of action against Steuernol. The implied covenant only applies to a contract between the parties. (Racine & Laramie, Ltd. v. Department of Parks & Recreation (1992) 11 Cal.App.4th 1026, 1031-33.) The second amended complaint does not allege any contract between plaintiff and Steuernol. Plaintiff's claims arise from an unsuccessful attempt to purchase two pieces of real property. (SAC, ¶ 1.) Plaintiff alleg...
2021.07.19 Motion for Protective Order 311
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.19
Excerpt: ...: (a) they do not need to respond to four sets of requests for production of documents; (b) they do not need to produce two people for depositions; and (c) plaintiffs Community Family Care Medical Group IPA and Preferred IPA of California can serve no more written discovery. The Civil Discovery Act provides, “The court, for good cause shown, may make any order that justice requires to protect any party… from unwarranted annoyance, embarrassme...
2021.07.16 Request for Default Judgment 914
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.16
Excerpt: ...cally entitled to entry of that judgment by the court, simply because the defendant defaulted. Instead, it is incumbent upon the plaintiff to prove up his damages, with actual evidence.” (Kim v. Westmoore Partners, Inc. (2011) 201 Cal. App. 4th 267, 272.) Plaintiff fails to prove he is entitled to the amounts he claims on his first, second, fourth, fifth, and ninth causes of action. Recovery for Fourth Year For all of plaintiff's causes of acti...
2021.07.15 Motion to Disqualify Counsel 596
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.15
Excerpt: ...esents Chelebian in this case and employs Chelebian as its vice president. In 2017, O'Gara sued Richie. Richie filed a cross-complaint, and O'Gara filed an anti-SLAPP motion to strike the cross-complaint. Richie's opposition to that motion included a supporting declaration from Chelebian. In this lawsuit, O'Gara alleges Chelebian breached his severance agreement by providing that declaration and Chelebian's promises in the severance agreement wer...
2021.07.13 Motion to Set Aside Dismissal 162
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.13
Excerpt: ...3, subdivisions (b) and (d). For the reasons stated herein, the court finds no basis to set aside the dismissal. BACKGROUND FACTS This personal injury action arises from an incident that occurred on February 8, 2014. The case went to trial in February 2020. After Fettig rested, the parties settled. On June 25, 2020, the court denied plaintiff's motion to set aside the settlement. On August 18, 2020, the court denied plaintiff's motion for reconsi...
2021.07.13 Motion for Attorney Fees 477
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.13
Excerpt: ...motion to strike shall be entitled to recover his or her attorney's fees and costs.” Background Defendants filed an anti-SLAPP motion on February 23, 2021. The notice of motion stated: Specifically, the Schwartzbergs seek to strike the FAC's (i) Second Cause of Action for Breach of Written Contract, (ii) Fourth Cause of Action for Specific Performance, (iii) Tenth Cause of Action for Interference with Prospective Economic Advantage, (iv) Eleven...
2021.07.07 Motion for Evidentiary and Monetary Sanctions, to Deem Truth of RFAs, Demurrer, Motion to Strike 001
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.07
Excerpt: ...en time for hearing on (a) motion for evidentiary and monetary sanctions; and (b) motion for order deeming truth of requested for admissions; 2. Defendant's demurrer to third amended complaint; and 3. Defendant's motion to strike portions of third amended complaint. EX PARTE APPLICATION Given the impending trial date of July 20, 2021, the court finds good cause for an order shortening time on defendant's discovery motions. The court hereby sets t...
2021.07.07 Demurrer 184
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.07
Excerpt: ...out Keosian, and Melkon Melkonian (Keosian defendants) demur to the SAC's second cause of action for harassment. I. Keosian Law, LLP's demurrer to the entire SAC Keosian Law, LLP demurs on the grounds that it was not plaintiff's employer, which is required for all causes of action in the SAC. Plaintiff, however, alleges sufficient facts for successor liability. One business entity can be liable for another entity's debts when it is a mere continu...
2021.07.02 Demurrer 695
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.02
Excerpt: ...ement (BPA) attached as Exhibit B to the first amended complaint is signed on behalf of defendant by only John Gevorgyan, but the signature line for “S. Mnatsakanyan/L. Harutyunyan” is blank. “If the allegations in the complaint conflict with the exhibits, [courts] rely on and accept as true the contents of the exhibits. However, in doing so, if the exhibits are ambiguous and can be construed in the manner suggested by plaintiff, then [cour...
2021.07.01 Motion for Protective Order, to Compel Further Responses 625
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.07.01
Excerpt: ...nd heard the arguments rules as follows: (1) Defendant's Motion for Protective Order Defendant moves for a protective order that it need not answer special interrogatories 23 and 24: 23: Please IDENTIFY each resident of the FACILITY during the time period(s) in which the PLAINTIFF was a resident of the FACILITY. 24: Please IDENTIFY the RESPONSIBLE PARTY of each resident of the FACILITY during the time period(s) in which the PLAINTIFF was a reside...
2021.06.30 Demurrer 988
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.30
Excerpt: ...arties' conduct may create an implied-in-fact contract limiting the employer's termination rights. (Guz v. Bechtel Nat. Inc. (2000) 24 Cal.4th 317, 337 (Guz).) Whether the parties' conduct does so depends on the “totality of the circumstances.” (Ibid.) Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654, 680 (Foley) listed the key considerations for finding an implied-in-fact contract: In the employment context, factors apart from considerat...
2021.06.30 Motion to Quash Service of Summons, Dismiss Complaint or Transfer Venue 712
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.30
Excerpt: ...ersonal jurisdiction the burden shifts to the plaintiff to demonstrate by a preponderance of the evidence that all necessary jurisdictional criteria are met.” (Ziller Electronics Lab GmbH v. Superior Court (1988) 206 Cal.App.3d 1222, 1232–1233.) Plaintiff does not establish a basis for general jurisdiction over defendant Streetcar ORV. For a corporation, a state court has general jurisdiction where it “is fairly regarded as at home,” and ...
2021.06.24 Motion to Compel Arbitration 786
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.24
Excerpt: ...ion for her testimony based on her understanding of the business's recruitment and the onboarding processes and her maintenance of employee personnel files. (Machorro Decl., ¶¶ 3-6.) Existence of Agreement The opposition argues defendants failed to meet their burden of establishing plaintiff Monique Echols signed the arbitration agreement. Defendants can meet their initial burden by attaching a copy of the purported arbitration agreement bearin...
2021.06.24 Demurrer, Motion to Strike 489
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.24
Excerpt: ...ation to or judicial notice of unpublished opinions is generally prohibited. (Hernandez v. Restoration Hardware, Inc. (2018) 4 Cal.5th 260, 269, fn. 2; CRC 8.1115(a).) Judicial notice of Exhibit A is DENIED. Demurrer 60-Day Notice Plaintiff provided sufficient pre-suit notice for the second cause of action but not for the first. Plaintiff's first two causes of action allege violations of Proposition 65, which was codified as Health and Safety Cod...
2021.06.22 Motion to Compel Further Responses 949
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.22
Excerpt: ...ween counsel, the nature of the issues, the type and scope of discovery requested, the prospects for success and other similar factors can be relevant” to determining whether a party tried hard enough to resolve the dispute. (Obregon v. Superior Court (1998) 67 Cal.App.4th 424, 431.) On Friday, March 26, 2021, plaintiff's counsel sent a meet and confer letter demanding a response the same day. (Schein Decl., Ex. 5.) Plaintiff filed this motion ...
2021.06.22 Motion to Bifurcate 553
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.22
Excerpt: .... Realty, Inc., Commonwealth Investments, Inc., Mooreport Holdings Limited, Gilu Investments Limited and Akshi Investments Limited (Haresh parties) to bifurcate trial of cross-complaints. B. The Haresh parties' motion to bifurcate trial on liability. C. The court's order to show cause (OSC) dated April 14, 2021, regarding certain cross-defendants named in the Haresh parties' cross-complaint. A. Motion to Bifurcate on Cross-complaints The Haresh p...
2021.06.21 Demurrer, Motion to Strike 129
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.21
Excerpt: ...action for “fraudulent inducement – concealment.” Fraud by concealment requires: (1) the defendant concealed or suppressed a material fact; (2) defendant had a duty to disclose the fact to plaintiff; (3) defendant intentionally concealed or suppressed the fact with intent to defraud plaintiff; (4) plaintiff must have been unaware of the fact and would have acted otherwise if she had known of the concealed fact; and (5) plaintiff suffered da...
2021.06.17 Motion to Reopen Discovery 460
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.17
Excerpt: ...nsideration 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 moti...
2021.06.16 OSC Re Dismissal 094
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.16
Excerpt: ...January 27, 2020, and the divorce was finalized on July 23, 2020. (FAC, ¶ 9.) Plaintiff alleges five causes of action against defendant based on the following facts: On September 14, September 15, and December 23, 2020, defendant posted on Instagram in Russian referring to the parties' divorce proceedings in Russia and accusing plaintiff of bribing judges. (FAC, ¶¶ 10-12.) In November 2020, she also created a Gmail account and used plaintiff's...
2021.06.14 Motion for Terminating or Evidence Preclusion Sanction 909
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.14
Excerpt: ...scovery process. Misuse of the process includes “[f]ailing to respond or to submit to an authorized method of discovery” (CCP § 2023.010(d)) and “[d]isobeying a court order to provide discovery.” (CCP § 2030.010(g).) Discovery sanctions should be imposed incrementally, “starting with monetary sanctions and ending with the ultimate sanction of termination.” (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.A...
2021.06.10 Demurrer, Motion to Strike 353
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.10
Excerpt: ...the owner has attempted to keep secret.” (Abba Rubber Co. v. Seaquist (1991) 235 Cal.App.3d 1, 18.) Morlife, Inc. v. Perry (1997) 56 Cal.App.4th 1514, 1521–1522 discussed client lists as trade secrets: With respect to the general availability of customer information, courts are reluctant to protect customer lists to the extent they embody information which is “readily ascertainable” through public sources, such as business directories. On...
2021.06.09 Motion to Compel Arbitration and Stay All Proceedings 709
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.09
Excerpt: ...z v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) On September 27, 2018, plaintiff Arye Abraham entered into a lease agreement with Long Beach BMW for the lease of a 2018 BMW 340i. (Mendoza Decl., ¶ 3, Ex. A [lease].) The lease agreement includes an arbitration clause, which provides, “NOTICE: Either you or I may choose to have any dispute between us decided by arbitration and not in a court or by jury trial. If a disp...
2021.06.08 Motions to Compel Responses 566
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.08
Excerpt: ...ty Cargill Incorporated to respond to a subpoena for business records. The subpoena seeks six categories of documents. The subpoena is not enforceable as to categories 1-3 and 6. Nonparty subpoenas for business records cannot require production of records that the nonparty did not itself prepare or generate. (Cooley v. Superior Court (2006) 140 Cal.App.4th 1039, 1044-1045.) Deposition subpoenas for the production of business records require “[a...
2021.06.08 Motion for Judgment on the Pleadings, to Strike 747
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.08
Excerpt: ...e pleadings on all three causes of action in the third amended complaint (TAC) filed by plaintiff Drago Culinary Productions, LLC (Drago). Peterson also moves to strike numerous portions of the TAC. BACKGROUND FACTS A. Summary of Facts Alleged in Third Amended Complaint Peterson operates an automobile museum. Drago previously operated a restaurant and catering business in the museum. In 2016, Drago and Petersen entered into two contracts. The fir...
2021.06.07 Motion for Summary Judgment 820
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.07
Excerpt: ...for “intentional tort” (i.e., intentional infliction of emotional distress). On summary judgment, the court determines whether an opposing party cannot show evidentiary support for a pleading or claim, resulting in summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843 (Aguilar).) The pleadings frame the issues on a motion for summary adjudication. (Howard v. Omni Hotels Management Corp. (2...
2021.06.07 Petitions to Compel Arbitration 711
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.07
Excerpt: ...ion agreements. (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) On July 5, 2019, plaintiff and Dynamic Nursing Services, Inc. entered into an alternative dispute resolution agreement. (Lutza Decl., ¶ 3, Ex. B.) It provides, “THIS ALTERNATIVE DISPUTE RESOLUTION AGREEMENT IS A WAIVER OF THE PARTIES' RIGHTS TO A CIVIL COURT ACTION FOR A DISPUTE RELATING TO EMPLOYEE'S EMPLOYMENT, WAGE AND HOUR ISSUE, OR TERMINA...
2021.06.07 Motion to Compel Deposition of PMQ 967
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.07
Excerpt: ...: (1) admissibility of the documents: authenticating the documents, getting foundation for them, and establishing hearsay exceptions; (2) establishing that defendant's officers, directors, or managing agents committed, ratified, or authorized the conduct shown in the documents. The opposition argues on the basis of only one objection: the “documents” (i.e., the deposition of its person most qualified about those documents) are not reasonably ...
2021.06.03 Motion for Court Judgment 591
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.03
Excerpt: ...laintiff cannot get default judgment unless the complaint suffices to state a cause of action. Grappo v. McMills (2017) 11 Cal.App.5th 996, 1015.) Plaintiff seeks to quiet title to real property at 2644 S. Rimpau Blvd, Los Angeles, California 90016. For quiet title, CCP § 761.020 provides: The complaint shall be verified and shall include all of the following: (a) A description of the property that is the subject of the action. In the case of ta...
2021.06.02 Motion for Summary Judgment 576
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.02
Excerpt: ...nly where no triable issues of fact exist and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c); Villa v. McFerren (1995) 35 Cal.App.4th 733, 741.) The moving party bears the initial burden of establishing there are no triable issues of material fact. (Aguilar, supra, 25 Cal.4th at p. 850.) The moving party may satisfy its initial burden by relying on the opposing party's “factually devoid discove...
2021.06.02 Demurrer, Motion to Strike 103
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.06.02
Excerpt: ...” Fraud by concealment requires: (1) the defendant concealed or suppressed a material fact; (2) defendant had a duty to disclose the fact to plaintiff; (3) defendant intentionally concealed or suppressed the fact with intent to defraud plaintiff; (4) plaintiff must have been unaware of the fact and would have acted otherwise if she had known of the concealed fact; and (5) plaintiff suffered damage as a result of the concealment. (Boschma v. Hom...
2021.05.28 Motion to Strike Doe Amendment or Quash Service of Summons, to Strike or Tax Costs 058
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.28
Excerpt: ...ring: May 28, 2021 I. Defendants' Motion to Strike Doe Amendment and Proof of Service of Summons on CW Creations, Inc. and/or to Quash Service of Summons Defendants Medicali Holdings Inc., a California Corporation (Medicali CA), Medicali Holdings Inc., a Nevada Corporation (Medicali NV), and Charles Weinberger move to strike the Doe Amendment and service of summons on CW Creations, Inc. The moving defendants, however, lack standing to make this m...
2021.05.27 Demurrer 673
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.27
Excerpt: ...defendants did not include a copy of the deed as required under CRC 3.1306(c). The request is DENIED. Misjoinder Defendants argue that plaintiff's wife, Linda Sittler, is an indispensable party under CCP § 389(a) because she purchased the subject property with Ronald Sittler. Linda Sittler's name does not appear in the complaint; defendant relies on the Grant Deed to show that she and Ronald purchased the property as joint tenants. The court doe...
2021.05.26 Motion to Deem Admitted Truth of Facts, to Compel Further Responses 260
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.26
Excerpt: ... a party fails to respond to requests for admission, the requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted. (CCP § 2033.280(b).) Failure to timely respond to requests for admission also waives any objection. (CCP § 2033.280(a).) On March 8, 2021, plaintiff served requests for admission, set two on defendant Chay. (Park Decl., ¶ 3, Ex. B.) Chay ...
2021.05.26 Motion for Summary Judgment, Adjudication 668
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.26
Excerpt: ... Richfield Co. (2001) 25 Cal.4th 826, 849; CCP § 437c(p)(1).) Plaintiff's complaint alleges a single cause of action for breach of contract. Breach of contract requires: (1) a contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) resulting damages. (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) “A settlement agreement is a contract, and the legal principles which apply to contracts general...
2021.05.21 Demurrer 596
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.21
Excerpt: ...he answer does not state facts sufficient to constitute a defense. (b) The answer is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible. (c) Where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral. Rather than denying the plaintiff's allegations, affirmative defenses assert new allegations that would defeat the plaintiff's claims. (CCP § 431.3...
2021.05.20 Demurrer, Motion to Strike 986
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.20
Excerpt: ...orporation or unincorporated association created for the purpose of managing a common interest development.” Civil Code §§ 5660, 5675(e), 5705, and 5710 each impose requirements on common interest associations related to assessments and foreclosures. Although a homeowners association owes duties to its members, an agent of the association owes duties “to the ‘association' and its board of directors, not to individual owners of separate pr...
2021.05.18 Motion to Quash Service of Summons 188
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.18
Excerpt: ...on-party Helen Shih, a purported agent of Chen. Chen lives in China (Chen Decl., ¶ 4) but has received actual notice. The statutes on constructive service are “liberally construed to effectuate service and uphold the jurisdiction of the court if actual notice has been received by the defendant.” (Pasadena Medi-Center Associates v. Superior Court (1973) 9 Cal.3d 773, 778.) But actual notice is not sufficient; plaintiff must substantially comp...
2021.05.18 Motion to Compel Arbitration and Stay of Action 526
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.18
Excerpt: ...bitrate 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).) Only after the opposing party “challenge[s] the validity of that signature” must the moving party “establish by a preponderance of the evidence that the signature was authentic.” (Ibid.) Defendant meets its initial burden. Exhibi...
2021.05.17 Motion for Summary Judgment, Adjudication 566
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.17
Excerpt: ...) and Mark Goldberg move for summary judgment or, alternatively, summary adjudication of issues against plaintiff ProPortion Foods, LLC (ProPortion).1 BACKGROUND FACTS USI is an insurance agency. Mark Goldberg is an insurance agent who works at USI. USI and Goldberg procured a property and casualty policy from United Fire and Casualty Company (United Fire) for ProPortion with $25 million in policy limits: $10 million for business property coverag...
2021.05.13 Motion for Assignment Order118
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.13
Excerpt: ...Under their lease, L.A. Care owes judgment debtor at least $19,973.05 monthly in rent until 2028. (Vahedi Decl., Ex. 2.) After paying its expenses, IHC nets about $18,500 per month. On average, IHC disburses the following monthly payments to its shareholders: (1) $7,500 to Mehrdad Setareh, (2) $6,500 to Kamran Setareh, and (3) $4,500 to Daniel and Sepehr Setareh. (M. Setareh Decl., ¶ 7.) CCP § 708.510(a) provides that courts may order a judgmen...
2021.05.13 Demurrer 552
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.13
Excerpt: ... effects are subject to judicial notice under Evidence Code § 452(c) and (h). (Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924, fn. 1; Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1116-1117.) The requests for judicial notice are GRANTED. Statute of Limitations A demurrer should be sustained where “the complaint shows on its face that the statute [of limitations] bars the action.” (E-F...
2021.05.12 Demurrer, Motion to Strike 625
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.12
Excerpt: ...lity for simple or gross negligence by health care providers. Plaintiffs must plead and prove something more than negligence—that is, reckless, oppressive, fraudulent, or malicious conduct.” (Fenimore v. Regents of University of California (2016) 245 Cal.App.4th 1339, 1347, citations omitted (Fenimore).) In Fenimore, the court held that allegations of “more than a simple understaffing” suffice to show recklessness. (Fenimore, supra, 245 C...
2021.05.12 Demurrer 799
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.12
Excerpt: ...laint. Plaintiff alleges that after it purchased an insurance policy from Sentinel, it suffered economic losses as a result of the COVID-19 pandemic and related actions by federal, state, and local authorities and California and federal courts. The Second Amended Complaint further states Sentinel wrongfully denied plaintiff's claim for coverage of these losses. Plaintiff prays for compensatory and punitive damages pursuant to its breach of contra...
2021.05.10 Motion for Summary Adjudication 702
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.10
Excerpt: ...CP § 437c(f)(1) provides: A party may move for summary adjudication as to… one or more issues of duty, if the party contends… that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. Plaintiff argues that whether RHC Automotive was his em...
2021.05.10 Motion for Preliminary Injunction 513
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.10
Excerpt: ... documents that reference, summarize, or quote the confidential documents. A preliminary injunction is appropriate where the moving party is likely to succeed on the merits and the harm to the movant caused by denying the injunction would outweigh the harm to the opposing party from granting the injunction. (Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, 286.) There is a sliding scale between the two factors; more of one factor can make up f...
2021.05.07 Motion to Quash or Limit Business Records Subpoenas 625
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.07
Excerpt: ...ruary 2020. (Complaint, ¶ 34.) Plaintiff filed two separate motions to quash or limit a total of 14 subpoenas for business records defendant The Rehabilitation Centre of Beverly Hills, Inc. served to various healthcare providers, facilities, and pharmacies. The subpoenas seek numerous types of medical records from March 1, 2018 to the present. Physician-Patient Privilege Plaintiff argues that the physician-patient privilege protects the records ...
2021.05.07 Motion for Summary Adjudication 199
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.07
Excerpt: ...� 452(d)(1). The request is GRANTED. Summary Adjudication Plaintiff moves for summary adjudication of seven issues: 1. “The issues which formed the basis for the criminal conviction of Defendant Pipatpol Kokilawatee of California Penal Code § 243.4(a) are barred from relitigation in this action by all parties based upon the Doctrine of Collateral Estoppel, and therefore there are no triable issue that: (1) an intimate part of Plaintiff's body ...
2021.05.06 Motion to Bifurcate 774
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.06
Excerpt: ...iff Michael Ben-Shoshan's claims. Defendant contends the parties settled the case after attending a mandatory settlement conference (MSC) with Judge Lisa Hart-Cole on November 6, 2019. In his moving papers, defendant did not disclose to the court that (1) he previously filed a motion to enforce the same purported settlement pursuant to Code of Civil Procedure section 664.6 and (2) Judge Susan Bryant-Deason, the judicial officer previously presidi...
2021.05.06 Motion for Terminating Sanctions 335
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.06
Excerpt: ...iling to respond or to submit to an authorized method of discovery” (CCP § 2023.010(d)) and “[d]isobeying a court order to provide discovery.” (CCP § 2030.010(g).) Discovery sanctions should be imposed incrementally, “starting with monetary sanctions and ending with the ultimate sanction of termination.” (Lopez v. Watchtower Bible & Tract Society of New York, Inc. (2016) 246 Cal.App.4th 566, 604.) “[A] terminating sanction should ge...
2021.05.06 Demurrers 184
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.06
Excerpt: ... Melkonian (Keosian defendants) and defendant Richard Berberian demur to the second cause of action for harassment. I. Timeliness Plaintiff's opposition argues the demurrers were untimely. As to Keosian and Melkonian, plaintiff filed proofs of substituted service showing service on January 22 and 25, 2021. The declaration of their attorney, Jack K. Kechichian, in support of the reply shows that the parties met and conferred about service. (¶¶ 3...
2021.05.04 Demurrer 169
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.05.04
Excerpt: ...ng any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following: (A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine. (B) Limits a major life activity. For purposes of this section: ...
2021.04.28 Motions to Compel Responses 695
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.04.28
Excerpt: ... timely response, the requesting party may move for an order compelling responses. (CCP §§ 2030.290(b) [interrogatories]; 2031.300(b) [requests for production].) A court must impose monetary sanctions against any party or attorney who unsuccessfully opposes a motion to compel, unless the one subject to the sanction acted with substantial justification or other circumstances would make sanctions unjust. (CCP §§ 2030.300(d) [interrogatories]; 2...
2021.04.26 Demurrers, Motions to Strike 419
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.04.26
Excerpt: ...ness entity status webpage for LAReggaeclubs.com, LLC. Judicial notice is proper under Evidence Code § 452(h) because both are not reasonably subject to dispute and capable of immediate and accurate determination by resort to the Secretary of State's website. I. Jamaican Gold, LLC Suspended business entities may not prosecute or defend an action. (Cal-Western Business Services, Inc. v. Corning Capital Group (2013) 221 Cal.App.4th 304, 310.) Jama...
2021.04.19 Motion for Judgment on the Pleadings 001
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.04.19
Excerpt: ...sonally served on the same day. Timeliness This motion is timely. Despite the limitations of CCP § 438, a common-law “motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself.” (Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650.) Merits Defendant moves for judgment on the pleadings on all eight causes of action in the second amended complaint. The causes of action in the caption do not mat...
2021.04.16 Motion to Expunge Lis Pendens 645
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.04.16
Excerpt: ... 20190091638, in the office of the Los Angeles County Recorder. Exhibit C: Notice of Trustee's Sale, recorded on May 8, 2019, as Document No. 20190417400, in the office of the Los Angeles County Recorder. Exhibit D: Trustee's Deed Upon Sale, recorded on June 3, 2019, as Document No. 20190507736, in the office of the Los Angeles County Recorder. Exhibit E: July 17, 2019 Order Granting Motion for Relief from the Automatic Stay. Exhibit F: Notice of...
2021.04.15 Motions for Leave to File Complaint, for Preliminary Injunction 513
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.04.15
Excerpt: ...t against plaintiff Scott Peebles for seven causes of action: 1. Breach of Contract 2. Breach of Fiduciary Duty 3. Breach of Duty of Confidence 4. Breach of Duty of Loyalty 5. Misappropriation 6. Comprehensive Computer Data Access and Fraud Act 7. Declaratory Relief Each cause of action arises from plaintiff's alleged taking of confidential documents without authorization. Evidentiary Objections Plaintiff makes seven objections to the Declaration...
2021.04.14 OSC Re Dismissal or to Strike Portions of Complaint 553
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.04.14
Excerpt: ...intiff Shashikant Jogani's motion for preference. 2. The motion of defendants and cross-defendants Haresh Jogani, J.K. Properties, Inc., H.K. Realty, Inc., Commonwealth Investments, Inc., Mooreport Holdings Limited, Gilu Investments Limited and Akshi Investments Limited (Haresh parties) for leave to file a cross-complaint. A. Motion for Preference A party over 70 years old may petition the court for a preference when “[t]he health of the party ...
2021.04.14 Motion to Disqualify Expert 566
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.04.14
Excerpt: ...California (2004) 121 Cal.App.4th 1112, 1126 explained the standard for disqualifying an expert: The party seeking disqualification must show that its present or past attorney's former employee possesses confidential attorney-client information materially related to the proceedings before the court. The party should not be required to disclose the actual information contended to be confidential. However, the court should be provided with the natu...
2021.04.12 Motion to Compel Further Responses 949
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.04.12
Excerpt: ...CCP § 2030.220(a) provides, “Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” CCP § 2030.300(a)(1) provides that a party may move to compel further responses to interrogatories when an answer is evasive or incomplete. CCP § 2030.300(d) provides that a court must impose monetary sanctions against a party who unsuccessfully makes or...
2021.04.12 Motion for Summary Judgment, Adjudication 460
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.04.12
Excerpt: ... 741.) Courts “liberally construe the evidence in support of the party opposing summary judgment and resolve doubts concerning the evidence in favor of that party.” (Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 389.) For employment discrimination and retaliation claims, “California follows the burden shifting analysis of McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 to determine whether there a...
2021.04.09 Demurrer 367
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.04.09
Excerpt: ... In 2017, Santos and FSLA entered into agreements regarding the broadcasting rights of the men's team (Original Agreement) and women's team (Women's Team Agreement). At the time, FSLA was a subsidiary of Twenty-First Century Fox, Inc. (Fox). In December 2018, FSLA requested Santos to split the broadcasting rights under the Original Agreement into two new agreements—one with FSLA for Mexican and international rights (International Agreement), an...
2021.04.05 Motion for Summary Judgment, Adjudication 078
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.04.05
Excerpt: ...aintiff Michael Herman. Alternatively, the CBD defendants move for summary adjudication of plaintiff's seventh cause of action for conversion, eighth cause of action for declaratory relief, and twelfth cause of action for declaratory relief. BACKGROUND FACTS At the heart of this action is a dispute between plaintiff and defendant Raymond Scott Coffman. Coffman was formerly an officer and majority shareholder of defendant West Coast Development Ca...
2021.04.02 Demurrer, Motion to Strike 972
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.04.02
Excerpt: ...hapour's son (¶ 2) and he resided at the property. (¶ 7.) The complaint also attaches parts of the policy as Exhibit A. The page titled “Agreement” has a list of definitions, including “insured means you and residents of your household who are: a. your relatives…. .” (Ex. A.) The complaint includes the operative contractual definition of “insured” and alleges the facts showing that definition includes Shervin Motamedi. It need not...
2021.04.01 Motion to Compel Arbitration 777
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.04.01
Excerpt: ... of Christine Donatelli. It is OVERRULED. Merits Under both the Federal Arbitration Act and California law, the party opposing arbitration succeeds if it can prove the agreement's unconscionability. (Hoffman v. Citibank, N.A. (9th Cir. 2008) 546 F.3d 1078, 1082; Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 235.) The opposing party must show both procedural and substantive unconscionability using a sl...
2021.03.30 Petition to Compel Arbitration and Stay or Dismiss Entire Action 645
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.03.30
Excerpt: ...te in the opening paragraph the nature of the order being sought and the grounds for issuance of the order.” Neither provision explicitly requires that the notice must cite legal authority. Defendant's Notice of Petition complies. The first paragraph states the petition “will be made on the grounds that Plaintiff's Complaint and each cause of action therein is governed by and subject to a binding arbitration agreement contained within the sub...
2021.03.26 Demurrer, Motion to Strike 841
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.03.26
Excerpt: ...ertainty are disfavored, and are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond. [Citations.]” (Ibid., alterations and internal quotations omitted.) The complaint sometimes uses the term “Defendants” without specifying which of the six named defendants was involved. (See, e.g., ¶¶ 23, 24, 31, 35-37.) This lack of clarity does not prevent the complaint from sufficiently apprising defendants o...
2021.03.25 Special Motion to Strike 477
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.03.25
Excerpt: ...egations of defendants' communication or petition to the City of Los Angeles. Defendants do not seek to strike any of the other causes of action. This order only pertains to the causes of action challenged by defendants' motion. BACKGROUND FACTS Plaintiff Rivas-Stoller Equities, LLC (Stoller) is a real estate developer who purchased two parcels of real property located at 1105 and 1135 Rivas Canyon Road in Pacific Palisades. After developing the ...
2021.03.25 Motion to Strike Costs 058
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.03.25
Excerpt: ...n costs collectible under this title unless otherwise provided by law. Attorney's fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney's fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5 [when a contract authorizes attorney's fees]. “[M]onetary [discovery] sanction orders are enforceable th...
2021.03.23 Demurrer 873
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.03.23
Excerpt: ...state sufficient facts to state a cause of action against him. He argues plaintiff's allegations regarding alter ego are conclusory and insufficient, and that the first amended complaint is a “sham” pleading because it impermissibly omits allegations contained in the complaint. The court rejects both arguments. ANALYSIS A. Conclusions, Ultimate Facts, and Evidentiary Facts To state a cause of action, the plaintiff must plead the “ultimate f...
2021.03.22 Demurrer 525
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.03.22
Excerpt: ...ration is extrinsic evidence. The court cannot consider it. Breach of Implied-In-Fact Contract Plaintiff fails to allege sufficient facts to state a cause of action for breach of implied-in-fact contract. Pacific Bay Recovery, Inc. v. California Physicians' Services, Inc. (2017) 12 Cal.App.5th 200, 215 (Pacific Bay) held: “[T]he vital elements of a cause of action based on contract are mutual assent (usually accomplished through the medium of a...
2021.03.18 Motion for Summary Judgment, Adjudication 770
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.03.18
Excerpt: ...ce conditionally under seal but did not actually file a motion to seal them, much less obtain an order permitting defendant to file the documents under seal. As a result, the only moving papers filed were the redacted documents. Aside from the caption pages, every page of each document is just black. There are effectively no moving papers or evidence in the official court record in support of defendant's motion for summary judgment or adjudicatio...
2021.03.15 Motion to Compel Depositions, for Production of Docs 467
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.03.15
Excerpt: ...ration in support of that motion, he states he could not afford his attorneys at Loeb & Loeb in May 2020 and signed a substitution of attorney on June 3, 2020. (¶ 2.) He did not understand he had to file an answer to the Cross-Complaint. (¶¶ 3-4.) On October 20, he retained attorney James Eashoo, but could not afford to pay him either, and signed a substitution of attorney to represent himself again on November 3. (¶ 6.) Cross-complainants is...
2021.03.15 Motion for Summary Adjudication 902
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.03.15
Excerpt: ...es, LLC. 3. The fact that plaintiff Albert's complaint alleged a cause of action for specific performance based on breach of contract. 4. The fact that Blake & Associates, LLC alleged in its verified cross-complaint that in or about May 2009, and since then, Blake & Associates has been in the business of performing records reviews for physicians who render medical services to Workers' Compensation applicants. 5. The contents of the protective ord...
2021.03.08 Motion to Compel Arbitration 777
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.03.08
Excerpt: ...de is whether the contract between plaintiff and Scorpion includes an arbitration provision. The court determines whether the parties entered into a binding agreement to arbitrate under general principles of contract law. (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4th 223, 236 (Pinnacle).) Under California law, a written contract may include provisions of a document not physically attached to the document ...

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