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2024.05.16 OSC Re Preliminary Injunction 329
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.16
Excerpt: ...n has been filed. A preliminary injunction will issue if 1) moving party is likely to suffer greater injury from a denial than the non- moving party is likely to suffer from its grant, and 2) a reasonable probability that the moving party will prevail on the merits. IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 69-70. When a strong showing is made on one of these two elements, the showing as to the other element does not need to be as stron...
2024.05.16 Motion for Undertaking 447
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.16
Excerpt: ... will prevail. “When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking.” Code Civ. Proc. §1030(a). Plaintiff will not be required to file an undertaking unless “there is a reasonable possibility that the moving defendant will obtain judgment in the action or spe...
2024.05.15 Special Motion to Strike 144
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.15
Excerpt: ...ret misappropriation and to prevent further alleged misuse of confidential information. FG alleges: (1) breach of contract; (2) breach of the duty of loyalty; (3) misa ppropriation of trade secrets; (4) receipt of stolen property; (5) unfair competition; and (6) interference with prospective economic advantage. Whitfield & Wakefield cross-complained against FG and its owner Ferrazzi alleging: (1) fraud in the inducement (by Whitfield against FG);...
2024.05.14 Motion for Attorney Fees 618
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.14
Excerpt: ...n 38.2 hours at a market rate of between $550 and $800 an hour with an enhancement/multiplier, for a total of 38.2 hours at $1,100 an hour for a subtotal of $42,020; plus an additional $7,150, representing a total 13 hours incurred and estimated at the lower end $550 an hour without enhancement for the time relating to the making of the motion for attorney's fees. Judicial Notice Robles requests the Court to take judicial notice of the follow...
2024.05.13 Motion to Compel Arbitration 136
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.13
Excerpt: ...Quantinal moves to compel arbitration pursuant to the agreements. California public policy strongly favors arbitration as an efficient alternative to litigation. Code Civ. Proc. §1280, et seq., Madden v. Kaiser Found. Hosps. (1976) 17 Cal.3d 699, 706. There is a liberal federal policy favoring arbitration, requiring arbitration agreements to be on equal footing with other contracts and requiring courts to resolve doubts as to whether a dispute f...
2024.05.09 Special Motion to Strike 848
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.09
Excerpt: ...a municipal code violation claim against the neighbors. Plaintiff alleges negligence, negligent supervision, negligence per se, vicarious liability and declaratory relief against defendants City and the employee defendants. Defendants file an anti -SLAPP motion to strike the first and third through fifth causes of action and a demurrer to the complaint. Special Motion to Strike (Anti- SLAPP) Courts resolving an anti -SLAPP motion under Cal. Civ. ...
2024.05.09 Motion to Strike 187
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.09
Excerpt: ...r Park Properties, LLC (Los Angeles Superior Court Case No. BC339033) (“Original Action”). Plaintiff is the assignee of KGMAC, LLC. Dickens and Victor Noval Sr. (“Noval Sr.”) were managing members of Tower Park when judgment was entered in the Original Action. In 2008 Dickens and Noval Sr. filed for Chapter 11 bankruptcy protection for Tower Park. One of Tower Park's assets is the “Mountain,” 157 acres in Beverly Hills. With the Mount...
2024.05.09 Motion to Set Aside Default Judgment 101
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.09
Excerpt: ...defendant Schwarz. Defendant alleges she vacated the premises from 2/12/23-4/23 due to mold, water and fire damage at the property. Schwarz decl., para. 3. Defendant was allegedly substitute served on 5/20/23. Per the process server Alpisa, a Jane Doe was served. Defendant Schwarz alleges she was in Cannes, France at that time (5/14/23-5/23/23) and had no co- occupants. Schwarz decl., para. 5. Defendant argues the proof of service is false, as sh...
2024.05.08 Petition for Relief from Claim Presentation Requirements of Government Code 120
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.08
Excerpt: ...ew respondents”) during a protest in Santa Monica on May 31, 2020. Petitioner failed to present a claim against new respondents within the six -month period provided by Gov. Code section 911.2 due to alleged inability to identify those law enforcement officers as being from a department other than the City of Santa Monica. Petitioner timely filed a claim for damages with the federal court on July 7, 2020, against Santa Monica and filed a compla...
2024.05.07 Demurrer, Motion to Strike 829
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.07
Excerpt: ...ve damaged plaintiffs' retaining wall. Complaint ¶13 -17. Defendant Fadia cross- complained alleging negligence; breach of CC& Rs; slander of title; and permanent trespass. Defendant alleges the retaining wall was not build in compliance with the CC&Rs, and plaintiffs failed to maintain the wall. Cross -Compl. ¶14- 17. Fadia demurs and moves to strike. Demurrrer Nuisance Fadia argues the claim is barred by the statute of limitations, as the all...
2024.05.06 Motion for Leave to Amend Complaint 196
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.06
Excerpt: ...ings at any time. Desny v. Wilder (1956) 46 Cal.2d 715, 751. Leave may be denied when the party seeking amendment delayed without justification. Melican v. Regents of Univ. of Calif. (2007) 151 CA4th 168, 176. A motion for leave to amend must state when the facts giving rise to the amended allegations were discovered and the reasons why the request for the amendment was not made earlier. Cal. Rules of Court 3.1324(b). A court can deny leave to am...
2024.05.06 Motion for Attorney Fees 128
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.06
Excerpt: ...improperly submitted supplemental briefing without leave of court and the initial opposition was untimely. The court has discretion to overlook late -served papers and resolve the matter on the merits. E.g., Cal. Rules of Court, rule 3.1300(d); Gonzalez v. Santa Clara County Dept. of Social Services (2017) 9 Cal.App.5th 162, 168. Leong submitted the initial opposition for the sole purpose of requesting a continuance. Leong objects to the Olsen de...
2024.05.03 Demurrer 082
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.03
Excerpt: ...rimination (FEHA); (2) hostile work environment (FEHA); (3) retaliation (FEHA); (4) failure to prevent discrimination, harassment and retaliation (FEHA); (5) retaliation (Labor Code §1102.5); (6) retaliation (Labor Code §98.6); (7) retaliation (Labor Code §6310; (8) wrongful termination; (9) sexual battery; (10) gender violence; (11) negligent supervision and retention; and (12) intentional infliction of emotion distress. Plaintiff was employe...
2024.05.02 Special Motion to Strike TACC 214
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.02
Excerpt: ...e by's International. On July 5, 2023 the parties represented to the court that a settlement agreement had been signed. On December 20, 2023 this court denied Kaplan's motion to enforce settlement on the grounds that Elaine Cohen had not signed the agreement. Kaplan filed a Third Amended Cross -Complaint (TACC) on January 26, 2024, adding claims for breach of settlement agre ement, negligent misrepresentation and fraud against the Cohens and thei...
2024.05.02 Demurrer to SAC 581
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.02
Excerpt: ... . . . to apprise the defendant of the basis on which the plaintiff is seeking relief.” E.g., Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6. The SAC fails to address the deficiencies the court identified in the FAC. All causes of action in the SAC are alleged with a similar formula as the FAC. All preceding paragraphs are re- alleged, and plaintiff states defendant engaged in conduct constituting the elements of the claim. This is insuff...
2024.05.01 Demurrer to FAC, Motion to Strike 183
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.05.01
Excerpt: ... to strike punitive damages. The court sustained a demurrer on 12/15/23. The FAC includes new allegations that an arborist opined the vine is injurious to health, and a structural engineering firm opined the hot water eruption caused structural damage to Hill's home. FAC ¶¶ 36 -37. Per Cal. Civ. Code §841(b)(2), “[a]djoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them[,]” a...
2024.04.30 Motion to Strike Special and Punitive Damages 402
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.30
Excerpt: ... and punitive damages to allow for supplemental briefings. Special Damages (Emotional Damages) Generally, absent physical injury, a cause of action for negligence based on property damage cannot give rise to an award of special damages for emotional distress. Lili Butler-Rupp, et al. v. Lourdeaux (2005) 134 Cal.App.4th 1220, 1228. Emotional distress damages are available when a plaintiff alleges trespass to chattels based on intentional injury to...
2024.04.26 Motion for Terminating Sanctions, to Set Aside Order, for Reconsideration 467
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.26
Excerpt: ... Plaintiff for failure to comply with the Court's prior discovery order. On November 20, 2023, Visconti filed a motion to set aside the orde r of June 1, 2023 on the ground that the order is void because the court lacked jurisdiction to consider Pinto's motion to expunge lis pendens, and she never had notice of the hearing. On January 3, 2024, Visconti filed a motion to set aside the order of December 4, 2023 on the ground that the order is void ...
2024.04.25 Motion for Stay of Discovery Pending Resolution for Parallel Criminal Proceedings 591
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.25
Excerpt: ... the interest of efficiency and justice. Every court has the “inherent power, in its discretion, to stay proceedings when such a stay will accommodate the ends of justice.” See St. Paul Fire and Marine Ins. Co. v. AmerisourceBergen Corp. (2022) 80 Cal.App.5th 1, 6- 7. Courts are empowered to “provide for the orderly conduct of proceedings before it.” C.C.P. §128(a)(3); see C.C.P. §187 [conferring on courts and judicial officers “all t...
2024.04.25 Demurrer to FAC, Motion to Strike 014
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.25
Excerpt: ...Defendants”) filed a demurrer to the FAC. As of April 23, 2024, no opposition has been filed. Tenser filed a motion for leave to amend and file a Second Amended Complaint, which is set to be heard on the same day as this motion, on April 25, 2024. Request for Judicial Notice The County Defendants request judicial notice of the fact that Los Angeles County District Attorney George Gascón took office on December 7, 2020, and of several filings a...
2024.04.25 Demurrer 779
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.25
Excerpt: ...tion was filed. Negligence To state a claim for negligence, a party must allege (1) duty, (2) breach, and (3) causation. CACI 400, see, e.g. McIntyre v. Colonies- Pacific, LLC (2014) 228 Cal.App.4th 664, 671. For purposes of negligence liability, a landlord has a duty to take reasonable precautions to protect patrons from highly foreseeable third -party crimes. Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666, 679. Foreseeability can ...
2024.04.24 Demurrer 964
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.24
Excerpt: ...ent under Evidence Code 452(d). The court does admit the document for its truth. Negligence To state a claim for negligence, one must allege (1) duty, (2) breach, and (3) injuries. See, e.g., CACI 400; McIntyre v. Colonies -Pacific, LLC (2014) 228 Cal.App.4th 664, 671. Lyft asserts plaintiff does not sufficiently allege duty because plaintiff was neither a user of the Lyft platform nor a passenger. The complaint alleges Lyft owed a duty to act be...
2024.04.23 Motion to Set Aside Default 208
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.23
Excerpt: ...rocess filed by Plaintiff on November 02, 2020 is – GRANTED as it is a document of the court covered under Evidence Code 452(d). A court may set aside a default or default judgment when service of summons has not provided a party with actual notice. Code of Civil Procedure § 473.5 states: “(a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered...
2024.04.23 Motion to Dismiss or Stay on Grounds of Inconvenient Forum 315
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.23
Excerpt: ... not opposed. The defendant served this motion by mail and email on March 21, 2024 (03/21/24 proof of service). Defendant's request for judicial notice of the complaint filed January 22, 2024 and Exh. A thereto is GRANTED, as it is a court document under Evidence Code 452(d). The court does admit the documents for their truth. Code of Civil Procedure section 410.30 states: “(a) When a court upon motion of a party of its own motion finds that in...
2024.04.23 Motion for Stay of Proceedings, Demurrer to FAC 981
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.23
Excerpt: ...Health Care claims and medical supplement claims; and (3) money had and received. Blue Shield paid AOC for emergency medical services provided to its plan members. The FAC alleges AOC was paid reasonable market value and/or certain claims were properly denied in whole or in part in accord with applicable law, relevant plan terms and industry/regulatory standards. AOC moves for an order staying this proceeding in light of the pendency of proceedin...
2024.04.22 Petition for Relief from Government Code 319
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.22
Excerpt: ... excusable neglect. A government tort claim must be presented within six months after accrual of the cause of action. Gov. Code §911.2. A plaintiff who fails to timely file a claim may seek relief for leave to present a late claim which must be presented within one year after accrual of the cause of action. Gov. Code §911.4(b). “If the public entity denies an application for leave to file a late claim, the claimant must obtain a court order f...
2024.04.22 Motion for New Trial 259
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.22
Excerpt: ...tice. Defendant argues that because judgment was entered in her favor in that case, plaintiff had no lawful reason to refuse defendant's proffered partial rent payment. That argument is not proper on a motion for new trial, as it could have been raised prior to trial, and was not mentioned in the trial of this matter. The agreed -upon jury instruction CACI 4327 was given. “A notice of intention to move for a new trial is deemed to be a motion f...
2024.04.19 OSC Re Preliminary Injunction 889
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.19
Excerpt: ... she does not pay the outstanding increased amount demanded. On February 29, 2024 the court granted Lady J's ex parte application for temporary restraining order to stay the auction of the inventory. A hearing for the preliminary injunction was set for April 3, 2024. See 2/28/24 Minute Order. On April 3, 2024 the court continued the hearing because defendant's papers were not served and allowed additional time. No opposition was filed. “[A] cou...
2024.04.18 Motion to Strike Anti-SLAPP Motion, for Leave to Amend FAC 014
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.18
Excerpt: ...mended complaint alleges defamation, invasion of privacy and fraud against Townsend. On March 4, 2024, Townsend filed a special motion to strike (anti -SLAPP) which is set for hearing on June 6, 2024. On March 11, plaintiff filed the instant motion “to strike” Townsend's motion to strike. Townsend filed her opposition on April 3, 2024. As of April 16, 2024, no reply has been filed. Plaintiff purports to make this motion to strike Townsend's m...
2024.04.16 Motion to Permit and Jury to View Properties During Trial 196
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.16
Excerpt: ...declaratory and injunctive relief. Defendant cross -complains f or (1) declaratory relief; (2) quiet title; (3) negligence; (4) private nuisance; (5) trespass; and (6) negligent trespass. Defendant seeks an order permitting a property inspection during trial, pursuant to Code of Civil Procedure section 651; see, e.g., People v. Fudge (1994) 7 Cal.4th 1075, 1104. The properties are located in a hillside area of Beverly Hills, 13 miles from the cou...
2024.04.04 Motion for Summary Judgment, Adjudication 661
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.04
Excerpt: ...A)(3) as against VGA 4. Breach of Implied Warranty of Merchantability (Violation of CIV §§ 1791.1; 1794; and 1795.5) as against VGA 5. Violation of the Magnuson- Moss Warranty Act as against VGA 6. Negligent Repair as against AVN The first four causes of action stem from alleged violations of the Song -Beverly Act (SBA). Defendants move for summary judgment or in the alternative summary adjudication on all claims. On March 29, 2022, Plaintiff p...
2024.04.03 Motion for Summary Judgment, Adjudication 442
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.04.03
Excerpt: ...the Barrington Plaza apartments in which numerous plaintiffs were injured and/or lost property and the Bru plaintiffs' decedent perished. Defendant Universal Protection Service (UPS) moves for summary judgment or, in the alternative, summary adjudication of plaintiffs' claims in 22STCV03442 and related cases 22STCV03650, 22STCV03445, and 22STCV24322, arguing that even though it had a contrac tual duty to perform services for Douglas Emmett Manage...
2024.03.29 Demurrer to FAC 981
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.03.29
Excerpt: ...d and to the second cause of action on the ground that plaintiff Association lacks legal capacity to sue for declaratory relief. Defendants argue the first cause of action for breach of declaration of restrictions is subject to demurrer because the restriction on building a home pursuant to Paragraph 6 of the 1950 CC&Rs expired January 1, 1976. See Demurrer at pg. 7; FAC at ¶18, Exh. 1 at ¶ 6. They note the FAC alleges no other breach, and the ...
2024.03.28 Demurrer, Motion to Strike FAC 997
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.03.28
Excerpt: ...ises liability; and (3) negligence supervision. All defendants demur and move to strike requested attorneys' fees. Defendants' Demurrer “A¿demurrer¿tests the legal sufficiency of the factual allegations in a complaint.” Ivanoff v. Bank of America, N.A. ¿(2017) 9 Cal.App.5th 719, 725. The Court looks to whether “the complaint alleges facts sufficient to state a cause of action or discloses a complete defense.” Id. The Court “assume[s]...
2024.03.26 Motion to Reclassify to Limited Jurisdiction 078
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.03.26
Excerpt: ...air business practices in her 147 -page complaint. It is unclear from the FAC specifically what allegations are being made and what specific damages are being sought. Plaintiff attached photographs of patient file s and attic space, as well as text messages, 30 pages in total, to the FAC. Via the original complaint, filed 3/10/23, plaintiff sought $170 for unreimbursed parking/cell phone charges. She sought $100 in alleged unpaid wages, $62 for f...
2024.03.21 Motion to Dismiss, for Judgment on the Pleadings 382
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.03.21
Excerpt: ...nce makes a motion to dismiss/motion for judgment on the pleadings, and the court will treat it as such. Under the JCEO, “[a] copy of any written notice terminating a tenancy shall be filed with the Department within three business days of service on the tenant.” LAMC §165.05B(5), emphasis added. Failure to comply with this provision – or any provision of JCEO — may be raised as an affirmative defense by the tenant. LAMC §165.07. Emeral...
2024.03.20 Demurrer 402
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.03.20
Excerpt: ...cting in her capacity as a real estate agent workin g for defendants Arbid and Power Brokers, Inc. Defendants Power Brokers International, Beverly Hills Fine Homes and Arbid (collectively “PBI”) demur, as do defendants Rexford Flats, Rexford 52 and Mehrdad (collectively “Rexford”). Rexford also moves to strike special and punitive damages. Defendants PBI Demurrer Negligence The elements of a cause of action for negligence are (1) duty, (2...
2024.03.19 Motion to Pay Arbitration Costs or Lift Stay and Set Trial 184
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.03.19
Excerpt: ..., to lift the stay of proceed ings and return the matter to court. Under Cal. Code of Civ. Proc. §1284.3(b)(1), “[a]ll fees and costs charged to or assessed upon a consumer party by a private arbitration company in a consumer arbitration, exclusive of arbitrator fees, shall be waived for an indigent consumer.” Plaintiff cites Cinel v. Barna (2012) 206 Cal.App.4th 1382, arguing the case states an indigent party's arbitration fees are waived, ...
2024.03.15 Motion to Consolidate, Demurrer, Motion to Strike SAC, for Protective Order 806
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.03.15
Excerpt: ..., under which units in Doe's building would be converted from rentals to condominiums. Olson would purchase units, and Doe would choose one unit as her residence . Doe regularly used her condo for short term rentals through Airbnb, which she claims was permitted under her agreement with Olson. Doe alleges Olson and his friends harassed her, spreading defamatory rumors, spying on her, recording her without consent, tampering with her unit, intimid...
2024.03.15 Motion for Pretrial Financial Discovery 602
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.03.15
Excerpt: ...ancial discovery regarding Popeye and Weiss, supported by testimony given at the depositions of plaintiff, defendant and plaintiff's partner witness Markelian. Trial is scheduled for April 15, 2024, having been set on June 13, 2023. Civil Code 3295(c) states “No pretrial discovery by the plaintiff shall be permitted … unless the court enters an order permitting such discovery… However, the plaintiff may subpoena documents or witnesses to be...
2024.03.13 Motion to Strike Punitive Damages from FAC 092
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.03.13
Excerpt: ...'s personal property valued at over $100,000. Defendant moves to strike plaintiff's request for punitive damages on the grounds that the allegations supporting the request are impermissibly vague and do not state sufficient facts to support the claim. Punitive damages are allowable only when plaintiff proves defendant has been guilty of oppression, fraud or malice. Cal. Civ. Code §3294(a). Facts giving rise to a claim for punitive damages must b...
2024.03.13 Motion for Summary Judgment 951
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.03.13
Excerpt: ...the written a greement was orally modified in 2015, with UB to receive a monthly $300 fee. UB alleges 20% of net profits from the property's rental income would be calculated at the end of each year, with UB receiving the difference between that percentage and the $3,600 received in monthly payments. Defendants dispute the terms of the 2015 agreement, arguing UB is entitled only to a monthly $300 fee, not 20% of each year's net rent profits. UB a...
2024.03.12 Motion for Summary Judgment, Adjudication 870
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.03.12
Excerpt: ...and mat erials. In 2005 the Wolfs signed a promissory note for $500,000 in favor of Jerry and Orit Kohen, secured by a deed of trust on the Wolfs' home. Between 2005 and 2015, Yaakov Wolf made payments toward satisfaction of the purported debt. In 2016, the Kohens assigned the note and deed of trust to defendant Haroni. The Kohens argue the Wolfs repeatedly drew on a line of credit created by the promissory note; the Wolfs argue Eisenberg drew on...
2024.03.12 Demurrer, Motion to Strike TACC, for Sanctions 214
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.03.12
Excerpt: ...Cohens disagree that a settlement agreement was ever formed, as party Elaine Cohen failed to sign. Cross -defendants Paul and Elaine Cohen demur to the third cause of action for breach of a settlement agreement and seventh cause of action for estoppel. They also move to strike portions of the cross -complaint. The Kaplans request sanctions against Paul Cohen and his former counsel Bloch for falsely representing that Elaine Cohen signed the settle...
2024.03.07 Special Motion to Strike FAC 442
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.03.07
Excerpt: ...trike the complaint under the anti -SLAPP statute. Evidentiary Objections: OVERRULED. Courts resolving an anti -SLAPP motion under Cal. Civ. Code §425.16 follow a two- step process. Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 733. In prong one, the court determines whether the conduct underlying plaintiff's cause of action arises from defendant's constitutional rights of free speech or petition. Baral v. Schnitt (2016) 1 Cal. 5th 37...
2024.03.07 Demurrer 217
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.03.07
Excerpt: ...raud, elder abuse, intentional infliction of emotional distress and negligent infliction of emotional distress. Defendant Wells Fargo demurs. Common Law Claims/UCC Division 11 of the California Uniform Commercial Code displaces common law claims where provisions of the article cover the “circumstances giving rise to the common law claims[.]” Zengen v. Comercia Bank (2007) 241 Cal.4 th 239, 251-253. Successive sections of Division 11 address t...
2024.03.06 Demurrer, Motion to Strike 268
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.03.06
Excerpt: ...ants and/or is an alter ego of defendant Blaine Labs. On November 2, 2023 the court sustained Cabo's demurrer to the first amended complaint due to failure to adequately allege conspiracy or alter ego liability. He now demurs to the third amended complaint (TAC), arguing plaintiffs still have not adequately a lleged conspiracy or alter ego liability. Conspiracy allegations against Cabo have not been amended since the FAC. This is a tacit admissio...
2024.03.05 Motion to Sanction Former Attorney 467
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.03.05
Excerpt: ... declare Visconti a vexatious litigant and for an order requiring Visconti to post a security bond or dismiss her cross-complaint. Plaintiff provides a proof of service on Visconti, who is currently incarcerated, and Murphy, who was served on January 25, 2024, via US mail and electronic service. A trial court may order a party, the party's attorney or both to pay the reasonable expenses, including attorney's fees, incurred by another party as a r...
2024.02.28 Demurrer to FAC 581
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.02.28
Excerpt: ...endant of the basis on which the plaintiff is seeking relief.” E.g. Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6. Uncertainty All causes of action in the FAC are alleged with a similar formula. All preceding paragraphs are re-alleged and incorporated. Then Doe states in a conclusory fashion that defendant engaged in conduct constituting the elements of the claim. This is insuffic ient to overcome demurrer. The court cannot determine whe...
2024.02.23 Motion for Summary Judgment 544
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2024.02.23
Excerpt: ...videntiary Objections: Martin's objections OVERRULED. Under the “Sidewalk Accident Decision Doctrine,” a landowner's duty to repair and maintain an adjoining sidewalk is not owed to persons who use the sidewalk, unless the landowner causes the sidewalk's dangerous condition. Alpert v. Villa Romano Homeowners Assoc. (2000) 81 Cal.App.4th 1320, fn. 11. A property owner can be liable for “suffering the roots of his tree to cause, with his know...

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