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2024.01.24 Motions for Summary Judgment 617
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.24
Excerpt: ...ction is overruled. Defendants make 43 objections to the declaration of Donald Okada. Objection Nos. 2, 3, and 30-32 are sustained. Objection Nos. 1, 4-29, and 33-43 are overruled. Defendants make 19 objections to the declaration of Brandon Rosenberg. All 19 objections are overruled. Defendants make 13 objections to the declaration of Maria Ajhar Thompson. All 13 objections are sustained. Defendants make 18 objections to the declaration of Jeff V...
2024.01.24 Motion for Judgment on the Pleadings 027
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.24
Excerpt: ...y damages (FAC, prayer ¶¶ 1-4, 7). This cause of action does not permit monetary damages. Government Code section 11135(a) prohibits discrimination based on race or other protected bases in “any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state.” Sections 11137 and 11139 provide remedies available for a vi...
2024.01.23 Motion to Strike FAC 893
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.23
Excerpt: ...t.” (Code Civ. Proc., § 431.10, subd. (b)(3).) “[T]o obtain injunctive relief the plaintiff must ordinarily show that the defendant's wrongful acts threaten to cause irreparable injuries, ones that cannot be adequately compensated in damages.” (Intel Corp. v. Hamidi (2003) 30 Cal.4th 1342, 1352.) Courts may enjoin disclosure of confidential information. (See, e.g., Angelica Textile Services, Inc. v. Park (2013) 220 Cal.App.4th 495, 505-507...
2024.01.23 Motion to Reopen Discovery 681
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.23
Excerpt: ... 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 motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any...
2024.01.22 Motion to Compel Compliance with Deposition Subpoena 413
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.22
Excerpt: ...ecords pursuant to Code of Civil Procedure section 2020.430(a)(2) and Evidence Code section 1561. Authority for Motion to Compel Compliance Code of Civil Procedure section 1987.1(a) provides, “If a subpoena requires the attendance of a witness or the production of” records, the court “may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, inc...
2024.01.19 Motion to Compel Arbitration 458
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.19
Excerpt: ... LLC (2015) 235 Cal.App.4th 165, 185.) “Procedural unconscionability focuses on the elements of oppression and surprise.” (Id. at p. 177.) “Substantive unconscionability focuses on the actual terms of the agreement and evaluates whether they create overly harsh or one-sided results. (Ibid., internal quotes omitted.) “Generally, the burden is on the party opposing arbitration to show an arbitration agreement is unconscionable.” (Saheli v...
2024.01.19 Demurrers, Motions to Strike 265
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.19
Excerpt: ...gent and employee Winter served as the property owners' listing agent. (Comp., ¶¶ 4, 9.) The property's listing on a real estate website “described the Property as having a ‘gourmet kitchen [] fully quipped with Viking appliances,' ‘[a] flat entertainer's yard', and a ‘luxurious ensuite bathroom,' among other things. It listed a dishwasher, dryer, range, oven, refrigerator and washer as included appliances.” (¶ 8.) When plaintiffs to...
2024.01.17 Motion for Attorney Fees 840
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.17
Excerpt: ...ney fees: “All costs, expenses and expenditures including, without limitation, the complete legal costs incurred by enforcing this Agreement as a result of any default by the Borrower, will be added to the principal then outstanding and will immediately be paid by the Borrower.” (Comp., Ex. 1, ¶ 6.) Plaintiff incurred these attorney fees as legal costs to enforce the loan agreement. Plaintiff therefore may recover attorney fees pursuant to t...
2024.01.16 Motions for Attorney Fees, to Strike or Tax Costs 713
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.16
Excerpt: ...endant/cross-complainant Shara Koplowitz is the prevailing party for two reasons. First, the arbitrator already decided Koplowitz is the prevailing party. Plaintiff 7219-7225 West Sunset LLC's argument that it prevailed constitutes an improper collateral attack on the arbitration award and on this court's order confirming the award. In the arbitration proceeding, plaintiff moved for attorney fees. The arbitrator denied both motions. (Shtofman Dec...
2024.01.12 Motion to Vacate and Set Aside Default 200
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.12
Excerpt: ...usable neglect.” (CCP § 473(b).) “Because the law favors disposing of cases on their merits, ‘any doubts in applying section 473 must be resolved in favor of the party seeking relief from default.' ” (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 980.) Mistake or Excusable Neglect ABM's default resulted from its mistake, inadvertence, or excusable neglect. Plaintiff served the summons on ABM via its registered agent for service of process,...
2024.01.12 Demurrer to FAC 648
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.12
Excerpt: ...legal cause” of childhood sexual assault under section 340.1, subdivisions (a)(2) and (a)(3). Doe relies on authority holding that section 340.1 requires actual or constructive knowledge of past sexual abuse, rather than knowledge of current sexual abuse. (Doe v. City of Los Angeles (2007) 42 Cal.4th 531, 549 (Doe); Santillan v. Roman Catholic Bishop of Fresno (2012) 202 Cal.App.4th 708, 733 (Santillan); Deutsch v. Masonic Homes of California, ...
2024.01.11 Demurrer 552
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.11
Excerpt: ... agreed to buy the condominium for $110,000 and pay off or refinance two loans secured by the property. (¶¶ 20, 25.) Plaintiff estimates the condominium was worth $480,000. (¶ 26.) Plaintiff alleges defendants never “paid off the Small Loan” (Comp., ¶ 31), never “refinanced the Major Loan” (¶ 32), and never “made any monthly payments on the Major Loan” (¶ 33). Plaintiff further alleges defendants knowingly promised to pay off or...
2024.01.10 Motions to be Relieved as Counsel, for Attorney Fees 789
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.10
Excerpt: ...The court will sign the proposed orders on Judicial Council form MC-053. The orders will be effective upon filing proof of service of the signed orders on defendants Thomas Kim and Global Lien Services. Plaintiffs Young Sook Kim and Boo Kon Kim's Motion for Attorney Fees Plaintiffs/cross-defendants Young Sook Kim and Boo Kon Kim move for attorney fees from defendants/cross-complainants Thomas Kim and Global Lien Services. A prevailing party may o...
2024.01.10 Motion for Attorney Fees 768
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.10
Excerpt: ...k Decl., Ex. 2.) Defendant Mercedes-Benz USA, LLC does not contest these costs. Attorney Fees: Hourly Rate Plaintiff seeks to recover fees based on attorney Susan A. Yeck's hourly rate of $650. For hourly rates, “the trial court is in the best position to value the services rendered by the attorneys.” (569 East County Boulevard LLC v. Backcountry Against the Dump, Inc. (2016) 6 Cal.App.5th 426, 436.) Courts may rely on their “own knowledge ...
2024.01.09 Demurrer 500
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.09
Excerpt: ...ments as exhibit C to his complaint. CRD's notice of filing the administrative complaint, including the attached copy of the complaint, is an official act of the executive branch of the State of California. Its existence and legal effects are subject to judicial notice under Evidence Code section 452, subdivision (c). The court does not take judicial notice of the truth of the document's contents. (See Ragland v. U.S. Bank National Assn. (2012) 2...
2024.01.08 Demurrer 536
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.08
Excerpt: ...the plaintiff and a third party; (2) the defendant's knowledge of that contract; (3) the defendant's intentional acts designed to induce a breach or disruption of the contractual relationship; (4) actual breach or disruption of the contractual relationship; and (5) resulting damage.' ” (Ixchel Pharma, LLC v. Biogen, Inc. (2020) 9 Cal.5th 1130, 1141.) “An essential element of a contract interference claim is proof that the defendant's conduct ...
2024.01.05 Motions to Compel Responses 735
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.05
Excerpt: ..., set two. When the responding party fails to timely respond to interrogatories, the propounding party may move for an order compelling responses. (CCP § 2030.290(b).) Failing to timely respond waives any objections. (CCP § 2030.290(a).) Salvador is entitled to an order compelling cross-defendants to respond to form interrogatories – general, set two. Salvador served the interrogatories on each cross-defendant on August 9, 2023. (Armstrong De...
2024.01.05 Demurrer to TAC 822
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.05
Excerpt: ...sed these causes of action before the deadline to oppose the demurrer. Fourth Cause of Action for Trespass Plaintiff alleges sufficient facts for this cause of action against Crescenta. Crescenta demurs on the basis that it owns or has an easement over the portion of the property where it allegedly trespassed. “Trespass is an invasion of the plaintiff's interest in the exclusive possession of land.” (McBride v. Smith (2018) 18 Cal.App.5th 116...
2024.01.04 Motion for Attorney Fees 609
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2024.01.04
Excerpt: ...on, pp. 1-2.) Civil Code section 1717(a) provides, “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract … shall be entitled to reasonable attorney's fees in addition to other costs.” Civil Code secti...
2023.12.18 Motion to Expunge Lis Pendens, for Attorney Fees 312
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.12.18
Excerpt: ...property instruments subject to judicial notice of their existence and legal effects. (See Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919, 924, fn. 1 .) The court grants defendant's requests for judicial notice of exhibits 1-6. Plaintiff requests judicial notice of six documents. (Exs. 62-67.) These documents are complaints and cross-complaints against Easy Financial, LLC in other actions. These exhibits are not relevant or necessary...
2023.12.18 Motion to Compel Further Responses 384
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.12.18
Excerpt: ...Section 2030.230 is unwarranted or the required specification of those documents is inadequate,” or “[a]n objection to an interrogatory is without merit or too general.” (CCP § 2030.300(a).) Defendant made meritless objections to special interrogatory No. 41. The interrogatory requests the “full name, address, telephone number, and date of hire, for the first three Personal Trainers that were hired at” the gym where plaintiff worked. D...
2023.12.15 Motion to Compel Arbitration and Stay Action 894
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.12.15
Excerpt: ...ving to compel arbitration must establish the existence of a written arbitration agreement between the parties. (CCP § 1281.2.) It can meet 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.) Only after the opposing party “challenge[s] the validit...
2023.12.14 Motions to Compel Further Responses 219
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.12.14
Excerpt: ...�� “[a]n exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate,” or “[a]n objection to an interrogatory is without merit or too general.” (CCP § 2030.300(a).) This motion is moot as to special interrogatories Nos. 29-31. FCA US LLC served supplemental responses to Nos. 29-31 after plaintiffs filed the motion. (Vawter Decl., ¶ 10, Ex. 4, pp. 3-4.) ...
2023.12.13 Demurrer, Motion to Strike 814
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.12.13
Excerpt: ...annot reasonably respond.” (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695, internal quotes and alterations omitted.) The complaint must sufficiently apprise defendants of the claims against them. (Ibid.) Anthem argues the complaint is uncertain because it lacks specific allegations about Anthem and instead refers to the plural “defendants.” Though the complaint makes some allegations about “defendants,” ...
2023.12.11 Demurrer to TAC 822
Location: Los Angeles
Judge: Tamzarian, Armen
Hearing Date: 2023.12.11
Excerpt: ...operly pleaded facts as true, but a demurrer does not admit the plaintiff's contentions nor conclusions of law or fact.” (Czajkowski v. Haskell & White, LLP (2012) 208 Cal.App.4th 166, 173.) Courts “will not close their eyes to situations where a complaint contains allegations of fact inconsistent with attached documents, or allegations contrary to facts which are judicially noticed.” (Del E. Webb Corp. v. Structural Materials Co. (1981) 12...

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