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2024.05.06 Demurrer to FACC 920
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.05.06
Excerpt: ... The court exercises its discretion not to consider the untimely oppositions by cross - complainants. (Cal. Rules of Court, rule 3.1300(d).) Cross-complainants are admonished that they must file their papers in a timely way in the future. 1. Fraud The FACC does not allege sufficient facts to constitute fraud. Fraud requires “(a) misrepresentation; (b) defendant's knowledge of the statement's falsity; (c) intent to defraud (i.e., to induce actio...
2024.05.03 Motion to Stay Action 167
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.05.03
Excerpt: ...Civil Procedure section 1294(a). Defendants move for a discretionary stay. “Even when the statutes do not call for an automatic stay on appeal, the trial and appellate courts both have the power to issue discretionary stays.” ( Daly v. San Bernardino County Bd. of Supervisors (2021) 11 Cal.5th 1030, 1039 ( Daly).) Both the moving papers and opposition argue based on the following four factors used for discretionary stays in federal court: “...
2024.05.03 Motion to Quash Service of Summons 682
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.05.03
Excerpt: ...e defendant.” (Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 991.) Plaintiff meets this burden. “[I]n deciding whether service was valid, the statutory provisions regarding service of process should be liberally construed to effectuate service and uphold the jurisdiction of the court if actual notice has been received by the defendant.” (Gibble v. Car -Lene Research, Inc. (1998) 67 Cal.App.4th 295, 313.) “ ‘Personal service usual...
2024.05.03 Motion to Compel Arbitration and Stay Action 254
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.05.03
Excerpt: ... et seq.); (3) Age Discrimination (Gov. Code § 12940); (4) Wrongful Termination in Violati on of Public Policy; (5) Harassment (Gov. Code § 12900, et seq.); (6) Failure to Prevent Discrimination and Harassment (Gov. Code, § 12940(k)); (7) Intentional Infliction of Emotional Distress; (8) Negligent Hiring, Supervision, and Retention; and (9) Defa mation. The Federal Arbitration Act (FAA) Applies Defendants move to compel arbitration under the F...
2024.05.03 Demurrer, Motion to Strike 166
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.05.03
Excerpt: ... ” (Taus v. Loftus (2007) 40 Cal.4th 683, 720.) A. The Statements Plaintiff sufficiently alleges the substance of the defamatory statements. To allege defamation, the complaint “must set forth ‘either the specific words or the substance of' the allegedly defamatory statements.” ( Comstock v. Aber (2012) 212 Cal.App.4th 931, 948.) “As Witkin distills the pleading rule, ‘It is sometimes said to be a requirement, and it certainly is the ...
2024.05.02 Motion for Leave to File FAC 312
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.05.02
Excerpt: ...re each subject to judicial notice for their existence, contents, and legal effects. The court grants judicial notice of exhibits A through F. Leave to File First Amended Complaint Courts have discretion to permit an amendment to any pleading “in furtherance of justice, and on any terms as may be proper.” (Code Civ. Proc., § 473, subd. (a)(1).) Courts exercise their discretion “liberally to permit amendment,” and “[t]he policy favoring...
2024.05.01 Motion to Transfer Venue 065
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.05.01
Excerpt: ...ests for judicial notice are granted . Summary of Pleadings Plaintiff AMG & Associates, Inc. (AMG)'s operative first amended complaint alleges defendant LAUSD breached five contracts. LAUSD filed a cross -complaint against AMG alleging five causes of action for breach of the same contracts, a sixth cause of action for declaratory relief against AMG, and a seventh cause of action for declaratory relief against Travelers as AMG's surety. Right to T...
2024.05.01 Motion to Strike SAA 058
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.05.01
Excerpt: ...not show proper service of the second amended answer. Vydrug provides no authority for striking an answer because it was not served properly. Moreover, Vydrug specifically addresses “evidence of service” and a defect in the “Declaration of Service.” (Motion, p. 15.) Vydrug has a copy of the second amended answer. Whether the proof of service is erroneous or false makes no difference. B. Verification Vydrug argues defendants' verifications...
2024.04.30 Motion for Terminating, Issue, Evidentiary Sanctions 567
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.30
Excerpt: ...n, p. 4.) Failure to Provide Separate Statement Davidson did not submit a separate statement as required for this motion. “Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion: [¶¶] (7) For issue or evidentiary sanctions.” (Cal. Rules of Court, rule 3.1345(a).) The premise of this motion is that p...
2024.04.30 Motion for New Trial 007
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.30
Excerpt: ...The verdict may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for” specified reasons. (Italics added.) This procedure generally applies to judgments entered without any trial. (See, e.g., Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 858 [“A motion for a new trial is appropriate following ...
2024.04.29 Motion for Leave to File SAC 130
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.29
Excerpt: ... as may be proper.” (Code Civ. Proc., § 473, subd. (a)(1).) “This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Permitting plaintiff to file an amended complaint serves the interest of justice. Plaintiff, however, cannot file a second amended complaint because ther...
2024.04.23 Demurrer 565
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.23
Excerpt: ...11.) Second, the demurrer asserts the complaint fails to allege sufficient facts to constitute a cause of action because plaintiff “ failed to file a notice for a just cause eviction to the Los Angeles Housing Department.” Defendants provide no authority that doing so is required nor any explanation of why failing to do so constitutes a defect appearing on the face of the complaint. Defendants' memorandum of points and authorities argues “P...
2024.04.19 Motions to Compel Further Responses 695
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.19
Excerpt: ..., 17-19, 21, 23, 27, and 31. A party propounding interrogatories may move to compel further responses when an answer “is evasive or incomplete,” “[a]n exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents i s inadequate,” or “[a]n objection to an interrogatory is without merit or too general.” (CCP § 2030.300(a).) Green gave evasive or incomplete responses t...
2024.04.18 Motion for Judgment on the Pleadings 845
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.18
Excerpt: ...se of action for declaratory relief remains. Requests for Judicial Notice Cook and Devin request judicial notice of four exhibits. Plaintiffs request judicial notice of two exhibits. All documents are court records subject to judicial notice under Evidence Code section 452(d). The court grants all requests for judicial notice. Summary of Allegations Plaintiffs' complaint arises from a dispute over two parcels of real property: assessor's parcel n...
2024.04.18 Motion for Judgment on the Pleadings 102
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.18
Excerpt: ...tice of an additional six exhibits. All the documents are court records or recorded real property instruments subject to judicial notice of their contents a nd legal effects, but not the truth of the matters asserted therein, under Evidence Code section 452. The court grants all requests for judicial notice as to the documents' existence and legal effects. Discussion Cook and Devin argue all causes of action against them are untimely. Judgment on...
2024.04.17 Motion for Leave to Amend Complaint 630
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.17
Excerpt: ...avors resolution of all disputed matters in the same lawsuit.” ( Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) Cross -defendant Heidi Yu Ling Yu does not oppose this motion. Permitting the amendment serves the interest of justice. Disposition Cross-complainant Peter Presnell's motion for leave to file a second amended cross -complaint is granted . Cross -complainant Peter Presnell is ordered to file the second amende...
2024.04.17 Demurrer, Motion to Strike 866
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.17
Excerpt: ..., Phleger & Harrison (1998) 18 Cal.4th 739, 748, fn. 6; Appel v. Superior Court (2013) 214 Cal.App.4th 329, 342, fn. 6.) All requests for judicial notice are denied. Demurrer Cross-defendant Gohar Tsilikyan, trustee of the Gohar Tsilikyan Living Trust Dated May 1, 2018, demurs to numerous causes of action alleged by cross-complainants Narek Eric Kazarian and Spectrum Lending, LLC. Kazarian's Claims Tsilikyan demurs to all causes of action by Kaza...
2024.04.16 Motion to Compel Further Responses 039
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.16
Excerpt: ...the demand is incomplete,” “[a] representation of inability to comply is inadequate, incomplete, or evasive,” or “[a]n objection in the response is without merit or too general.” (CCP § 2031.310(a).) Meet and Confer FedEx argues plaintiff did not meet and confer about requests for production Nos. 82-87 and 91 -97. Plaintiff's first meet and confer letter discusses the disputes over these requests for production. (Butzen Decl., Ex. 5, p...
2024.04.16 Motion to Compel Arbitration 811
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.16
Excerpt: ...ndants rely on arbitration provisions in two collective bargaining agreements (CBAs) in effect from 2018-2022 (Heermance Decl., Ex. A) and 2022-2026 (id., Ex. B), respectively. Plaintiff argues there is no agreement because the parties did not sign the CBAs. Individual members of a union are not required to sign the CBA. (Mendez v. Mid- Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 542 (Mendez) [despite not signing, “as a member of th...
2024.04.15 Motion to Compel Deposition 102
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.15
Excerpt: ...hout having served a valid objection under Section 2025.410.” (CCP § 2025.450(a).) First American moves for a protective order prohibiting plaintiff from deposing Wardle. A party or deponent may move for a protective order “that justice requires to protect” him or her “from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (CCP § 2025.420(b).) Generally, “the burden is on the party seeking the protec...
2024.04.11 Demurrer to SAC 630
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.11
Excerpt: ...ration with 35 or fewer shareholders” may bring an action for involuntary dissolution when “liquidation is reasonably necessary for the protection of the rights or interest of the complaining shareholder.” (Corp. Code, § 1800(b)(5).) “[T]he grounds for” dissolution under this subdivision “are relatively more liberal than those set out in the other provisions of section 1800.” (Bauer v. Bauer (1996) 46 Cal.App.4th 1106, 1116.) Plain...
2024.04.10 Motion to Compel Arbitration and Stay Action 403
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.10
Excerpt: ...ur objections to defendants' evidence. All four objections are overruled . Defendants make eight objections to the declaration of Jessica Carlson and five objections to the declaration of Erin M. Kelly. All objections are overruled . I. Existence of Agreement Defendants do not prove the existence of an arbitration agreement between the parties. The party moving to compel arbitration “ ‘ “bears the burden of proving the existence of a valid ...
2024.04.10 Motion for Summary Judgment 102
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.10
Excerpt: ...aintiff's requests for judicial notice are granted. Evidentiary Objections Plaintiff makes one evidentiary objection to the “Declaration of Hosea Paragraphs 1 – [sic]”. The objection is overruled. RE/MAX, LLC makes five objections to the declaration of Odalis Suarez. All five objections are overruled. Legal Standard for Summary Judgment A defendant moving for summary judgment or adjudication must show “that one or more elements of the cau...
2024.04.09 Demurrer 608
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.09
Excerpt: ...ed the demurrer on plaintiff, the court would overrule it on the merits. Plaintiff's Complaint Plaintiff Keren Zhang's complaint alleges, in its entirety: “Keren Zhang bought a condo four years ago, and I am the only who borrow the loan and he is not, we both name on title, however, he never paid the mortgage payments, HOA fee and property tax fee u ntil now. So I would like to sue him to remove his name on title and I also require him to pay p...
2024.04.08 Motion for Summary Judgment, Adjudication 845
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.04.08
Excerpt: ...ion of their second amended cross -complaint's first cause of action for quiet title and fourth cause of action for cancellation of instruments against Perry Lazar, Plone Trust, Bruce R. Cook, and William E. Devin, III. Requests for Judicial Notice Various parties request judicial notice of numerous documents. All documents are subject to judicial notice for their existence and legal effects. The court grants all requests for judicial notice. The...

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