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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 ...
2021.02.26 Motion for Preference 506
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.02.26
Excerpt: ...) to specially set and/or bifurcate trial. 3. The Haresh parties' motion for a protective order. 4. The motion of defendants and cross-complainants and Chetan Jogani and Rajesh Jogani (Chetan and Rajesh) to compel further responses to first set of special interrogatories.[1] 5. Chetan and Rajesh's motion to compel further responses to first set of requests for production of documents (1-23) 6. Chetan and Rajesh's motion to compel further response...
2021.02.25 Demurrer 314
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.02.25
Excerpt: ...in this case dated December 2, 2020; and 5. The Application for Approval of Hinds & Shankman, LLP as Counsel for Referee, Stephen J. Donell, Pursuant to CCP §§873.110 and 873.120 and Petition for Instructions Pursuant to CCP §873.070; Declarations of Stephen J. Donell and Rachel M. Sposato, Esq. in Support Thereof, filed in No. BC715282. All the documents are court records subject to judicial notice under Evidence Code § 452(d). The requests ...
2021.02.24 Demurrer 389
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.02.24
Excerpt: .... Allan Turner, Orange County Superior Court Case No. 30-2017- 00960865-CU-BC-CJC; 4. The judgment entered on February 4, 2020 in the Orange County case; 5. The First Amended Complaint in the related case, Ya‐Ya Holdings, LLC v. Meyer et al., No. BC695400; and 6. The docket in No. BC695400. All the documents are court records subject to judicial notice under Evidence Code § 452(d). The requests are GRANTED. Statute of Limitations The statute o...
2021.02.23 Demurrers, Motions to Strike 759
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.02.23
Excerpt: ...s may disregard allegations when the amended complaint “seeks to avoid the defects of a prior complaint by omitting the facts that rendered the complaint defective or by pleading facts inconsistent with the allegations of the prior pleadings.” (Owens v. Kings Supermarket (1988) 198 Cal.App.3d 379, 383-84.) The sham pleading doctrine does not apply because the First Amended Complaint neither omits crucial facts nor pleads inconsistent facts. T...
2021.02.22 Motion for Summary Judgment, Adjudication, to Stay Proceedings 093
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.02.22
Excerpt: ...ion v. Susan Ahn, et al., Case No. 19STCV12166. The document is a court record subject to judicial notice under Evidence Code § 452(d). The request is GRANTED. Evidentiary Objections Defendants make 13 evidentiary objections to the Declarations of Susan Ahn and Jonathan Jo. Numbers 4 and 5 are SUSTAINED as hearsay and number 12 is SUSTAINED for lack of personal knowledge. Numbers 1-3, 6-11, and 13 are OVERRULED. Summary Judgment or Adjudication ...
2021.02.19 Demurrer, Motion to Strike 356
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2021.02.19
Excerpt: ... fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) At this stage in the proceedings, the court shall assume the ultimate facts alleged in the complaint are true, but shall not assume as true the complaint's contentions, deductions or conclusions of fact or law. (Nguyen v. Ford (2020) 49 Cal.App.5th 1, 11.) A. First Cause of Action for Breach of Contract To state a cause of action for breach ...

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