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2023.11.01 Motion to Vacate Summary Judgment Order 549
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.11.01
Excerpt: ...– including the claim the action was subject to a bankruptcy stay and expert testimony shows prior transfers of the note were void. The court previously considered and rejected these arguments, finding there was no effective bankruptcy stay and the purported expert evidence was inadmissible. Aarons argues the court “failed to issue a decision regarding the Debrunner case and whether or not the assignment of deed of trust must state that both ...
2023.10.27 Motion for Summary Judgment, Adjudication 035
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.27
Excerpt: ...ULED. MSJ Analysis Defendants move for summary judgment on the grounds that, as a matter of law, plaintiffs have no right to unobstructed natural light. Plaintiffs provide expert evidence on the composition and mechanics of light and that the purple light is caused by the obstruction/absorption of other wavelengths by the painted surface of defendants' house. Shapley decl. ¶7. “Purple” is how the human eye perceives the remaining, non-obstru...
2023.10.26 Demurrer, Motion to Strike 909
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.26
Excerpt: ...C). Demurrer Itzhaki argues the SAC does not allege specific conduct by Itzhaki that could give rise to liability and fails to allege sufficient facts to establish his alter ego status. Alter ego liability applies when there is “such unity of interest and ownership that the separate personalities of the corporation and the individual no longer exist and (2) if the acts are treated as those of the corporation alone, an inequitable result will fo...
2023.10.25 Motion for Summary Judgment, Adjudication 483
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.25
Excerpt: ...erflow was caused by plaintiff's failure to install a legally mandated backwater (or backflow) valve, which redirects overflows from downstream blockages and directs toward the nearest upstream manhole and away from private property. Evidentiary Objections Pourmola Objections: Objections to Rocio declaration: Objection 1 OVERRULED, Objection 2 SUSTAINED (legal conclusion), Objection 3 OVERRULED, Objection 4 OVERRULED, Objection 5 SUSTAINED (legal...
2023.10.24 Motion to Post Judgment Attorney Fees, to Tax Costs 531
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.24
Excerpt: ...On February 3, 2023 plaintiff/cross-defendant Mashian Law Group (MLG) obtained a judgment of $75,000 (MLG judgment) against defendant RC3. Mashian seeks $17,575 in post- judgment attorney's fees and $4,256.23 in post judgment costs. MLG seeks $4,250 in post- judgment attorney's fees and $1,109.05 in post judgment costs. R3 and Cohen oppose the attorney's fees requests and move to tax costs filed in connection with both judgments. Motion for Attor...
2023.10.24 Motion to Increase Bond 066
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.24
Excerpt: ...de of Civ. Proc. §917.1. On July 18, 2023 the court issued a minute order awarding Zeta $731,817.10 in attorney's fees. Zeta moves to increase the bond to reflect the attorney fees award. Under Cal. Code of Civ. Proc.§917.1, an appeal stays enforcement of a judgment if the appellant posts a bond for one and one-half times the amount of the judgment if it is given by an admitted surety insurer. In an action where a bond is given, the court may o...
2023.10.24 Motion for Protective Order, for Bifurcation 220
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.24
Excerpt: ...interests and whether Zackery embezzled funds. Phase two would address remaining liability issues and damages, including punitive damages. Bifurcation is allowed when “the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby.” Cal. Code of Civ. Proc. §598. Bifurcation will generally be denied when the issues in the proposed phases of trial are interrelated, sharing ...
2023.10.20 Motion for Post Judgment Attorney Fees 531
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.20
Excerpt: ...cross-defendant Mashian Law Group (MLG) obtained a judgment of $75,000 (MLG judgment) against defendant RC3. Mashian seeks $17,575 in post- judgment attorney's fees and $4,256.23 in post judgment costs. MLG seeks $4,250 in post- judgment attorney's fees and $1,109.05 in post judgment costs. R3 and Cohen oppose the attorney's fees requests and move to tax costs filed in connection with both judgments. Motion for Attorney's Fees Under Cal. Code of ...
2023.10.20 Motion for Judgment on the Pleadings 301
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.20
Excerpt: .... The District moves for judgment on the pleadings, arguing AB 218's amendments to the Government Code constitute unconstitutional gifts of public funds. To proceed civilly against a public entity, a plaintiff must first timely present the claim according to statutory requirements. Cal. Gov. Code §905. AB 218 allowed for revival of otherwise time- barred civil actions for childhood sexual abuse if filed by December 31, 2022 (Cal. Code of Civ. Pr...
2023.10.20 Demurrer to SAC 044
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.20
Excerpt: ...demurrer to the first through fourth causes of action in the first amended complaint on government immunity grounds. C.H. was instructed to “set forth a specific regulation or statute triggering the §855 exception for the first through fourth causes of action.” Defendants demur to plaintiff's second amended complaint (SAC). “Public entities have broad immunity from liability for injuries suffered by an inpatient of a mental institution.”...
2023.10.18 Motion for Leave to File FACC, to Amend Answer 196
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.18
Excerpt: ...he pool; defendant cross-complained, seeking an easement. During a conversation with Busiashvili's son in June 2023, defense counsel allegedly obtained evidence and precedent convincing him his client had a valid adverse possession claim which he failed to include in the cross-complaint. Busiashvili sought leave to amend the cross-complaint, which was denied on August 9, 2023 because trial was imminent and Busiashvili did not provide an adequate ...
2023.10.18 Demurrer, Motion to Strike SAC 909
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.18
Excerpt: ...mplaint (FAC) on August 3, 2023 with leave to amend. Those parties now demur to the second amended complaint (SAC) and move to strike punitive damages. Levy The court sustained Levy's prior demurrer because Levy was not a party to the purchase agreement (attached to the FAC; 8/3/2023 minute order, p. 2). The court ruled the FAC failed to allege wrongdoing by Levy or facts establishing alter ego liability. Id. Levy argues the SAC does not cure the...
2023.10.17 Motion to Strike Punitive Damages, for Attorney Fees 969
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.17
Excerpt: ... §3294. “Malice” is “[c]onduct which is intended . . . to cause injury . . . or despicable conduct which is carried on . . . with a willful and conscious disregard of the rights or safety of others.” “Oppression” is “despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights.” Cal. Civ. Code §§3294(c)(1)-(2). A complaint seeking punitive damages must plead facts establi...
2023.10.17 Demurrer, Motion to Stay Complaint 235
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.17
Excerpt: ...osses because of the property's proximity to a brush area. Hughes alleges defendants committed professional negligence, breach of fiduciary duty and negligent misrepresentation by selling the policies without informing her it would not cover fire damage. Hughes filed claims arising out of these policies against First National and General on July 21, 2021 and January 12, 2022. Both were removed to federal court on diversity grounds, and summary ju...
2023.10.13 Motion for Summary Judgment 095
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.13
Excerpt: ...dentiary objections OVERRULED. In reply, Diaz argues plaintiff's expert Dr. Lee' declaration lacks foundation because Lee failed to review all of Diaz's post-procedure reports and only some Kaiser records. Diaz fails to show Lee's declaration is without evidentiary support. Lee reviewed numerous records, including Kaiser urgent care records, Diaz's post-procedure notes and operative notes from the implant removal and skin graft procedures. See pl...
2023.10.13 Demurrer, Motion to Compel Responses 905
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.13
Excerpt: ...urs, arguing the cross-complaint is duplicative of Campione's answer and if Campione prevails on an affirmative defense, damages will be apportioned between the defendants, the same relief sought in the cross-complaint. Woo also argues Campione's request for attorney's fees is improper. Campione cites Platt v. Coldwell Banker Residential Real Estate Services (1990) 217 Cal. App.3d 1439, 1447. Platt stated “strong policies favoring settlement an...
2023.10.12 Motion to Compel Arbitration 891
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.12
Excerpt: ...n agreement between parties is before a court, the court must grant a motion to compel arbitration if it determines the agreement applies to the parties' controversy. Cal. Code of Civ. Proc. §1281.2. California law strongly favors the enforcement of arbitration agreements. Weiler v. Marcus & Millichamp Real Estate Investment Services, Inc. (2018) 232 Cal.Rptr 3d, 155, 162. Crestwood Hill's 2022 guidelines contain an arbitration clause requiring ...
2023.10.12 Demurrer to SAC 044
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.12
Excerpt: ...urth causes of action in the first amended complaint on government immunity grounds. C.H. was instructed to “set forth a specific regulation or statute triggering the §855 exception for the first through fourth causes of action.” Defendants demur to plaintiff's second amended complaint (SAC). “Public entities have broad immunity from liability for injuries suffered by an inpatient of a mental institution.” State Dept. of State Hospitals ...
2023.10.11 Motion for Summary Judgment 095
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.11
Excerpt: ...dence of a physician's compliance or breach of the applicable standard of care can only be supplied with expert testimony. Willard v. Hagemeister (1981) 121 Cal.App.3d 406, 412. An expert witness' declaration is sufficient to show the absence of a triable issue of fact on summary judgment. Lerner v. Superior Court (1970) 70 Cal.App.3d 656, 660. Defendant provides the declaration of Dr. Cassileth, who reviewed medical records from Diaz and Kaiser ...
2023.10.11 Motion for Protective Order, for Order Allowing Financial Discovery 591
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.11
Excerpt: ...tective Order Any issue decided in a prior criminal proceeding is conclusively determined as to the parties in a subsequent civil action. Teitelbaum Furs, Inc. v. Dominion Ins. Co., Ltd. (1962) 58 Cal.2d 601. A felony conviction is exempt from the hearsay rule in a civil action, even if the conviction is under appeal. Principal Life Ins. Co. v. Peterson (2007) 156 Cal.App.4th 676. A judgment is not final for purposes of collateral estoppel while ...
2023.10.06 Motion for Summary Judgment 799
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.06
Excerpt: ...e and premises liability claims. Evidentiary Objections City's Objections: 1 and 2 SUSTAINED (lack of authentication), 3 SUSTAINED (legal conclusion), 4-9 OVERRULED. Santa Monica Municipal Code Section 713 When a public entity is under a mandatory duty imposed designed to prevent against the risk of a particular kind of injury, that entity is liable for an injury of the kind proximately caused by its failure to discharge that duty. Cal. Gov. Code...
2023.10.05 Petition to Compel Arbitration 332
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.05
Excerpt: ...ement covering all disputes arising out of employment with NCFC. There is a liberal federal policy favoring arbitration, requiring arbitration agreements to be put on equal footing with other contracts and requiring courts to resolve any doubts as to whether a dispute falls within an arbitration provision in favor of arbitration. AT&T Mobility, LLC v. Concepcion (2011) 563 U.S. 333, 339; AT&T Tech., Inc. v. Comm Workers of Am. (1986) 475 U.S. 643...
2023.10.05 Motion for Summary Judgment, Adjudication 976
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.05
Excerpt: ...azian, Sweeney and Bradford move for summary judgment/adjudication, arguing undisputed facts show Adefuye's claims lack evidentiary support. Member Defendants—Assault/Battery A corporate officer or director is not liable for the corporation's torts unless they ratify or directly participate in the wrongdoing. Frances T. v. Village Green Owners Ass'n. (1986) 42 Cal.3d 490, 503-504. At deposition, Adefuye admitted he never met Aivizian or Sweeney...
2023.10.05 Motion for Attorney Fees 574
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.05
Excerpt: ...reduced in the reply brief from the amount sought in the initial motion), billed at hourly rates of $300-515/hour, for five attorneys who performed almost 200 hours of work. Plaintiff's initial motion sought costs, but the reply stated that costs would be sought via a separate mechanism. The prevailing party in a defective vehicle case brought by a buyer is entitled to reasonable attorney's fees. Cal. Civ. Code §1794(d). A court has broad discre...
2023.10.04 Special Motion to Strike 442
Location: Los Angeles
Judge: Mandel, Elaine W
Hearing Date: 2023.10.04
Excerpt: ...tion 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 the cause of action arises from defendant's constitutional rights of free speech or petition. Baral v. Schnitt (2016) 1 Cal. 5th 376, 395. If moving party fails to show the conduct is constitutionally protected, the court need not address prong two. Jarrow, su...

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