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2022.12.07 Motion to Strike 981
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.12.07
Excerpt: ...ticipate in litigation through counsel and Defendant is unable to appear on its own behalf. On November 22, 2022, the Court granted Plaintiff's ex parte application to advance the hearing date on this motion from December 16 to December 7. Defendant was ordered to file an opposition by December 2. Motion to Strike Standard Motions to strike are used to reach defects or objections to pleadings which are not challengeable by demurrer (i.e., words, ...
2022.12.06 Motion for Attorney Fees 247
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.12.06
Excerpt: ...st End Properties; Robert Sundeen; and Carole Sundeen (collectively “Defendants”). Plaintiff asserts several causes of action against Defendants stemming from her former tenancy at a residential property located at 2315 14 th Street, #9 in Santa Monica, California. Plaintiff's tenancy and possession of the subject property was terminated pursuant to an unlawful detainer action filed in 2015. After the conclusion of the unlawful detainer actio...
2022.12.06 Demurrer, Motion to Strike 247
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.12.06
Excerpt: ... West End Properties; Robert Sundeen; and Carole Sundeen (collectively “Defendants”). Plaintiff asserts several causes of action against Defendants stemming from her former tenancy at a residential property located at 2315 14 th Street, #9 in Santa Monica, California. Plaintiff's operative complaint is the First Amended Complaint (“FAC”) filed on December 4, 2017, and asserting 19 causes of action against Defendants, though the Court note...
2022.12.06 Motion to Set Aside Entry of Default, Judgment 236
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.12.06
Excerpt: .... Defendant now moves to set aside the entry of default and default judgment against him pursuant to Code Civ. Proc. § 473.5 on the basis that he did not receive actual notice of this action until August 2022, at which time the default judgment had already been entered against him. Plaintiff opposes Defendant's motion. Legal Standard “When service of a summons has not resulted in actual notice to a party in time to defend the action and a defa...
2022.11.30 Application for Writ of Attachment 237
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.11.30
Excerpt: ...n count. Plaintiff previously applied for a writ of attachment on his cause of action for breach of contract. The Court denied Plaintiff's application on October 19, 2022, finding Plaintiff had not established timely and proper service on Defendants as required by the Code of Civil Procedure. The Court's denial of the application was without prejudice and permitted Plaintiff to refile the application with proper notice to Defendants. Plaintiff no...
2022.11.29 Motion to Strike 055
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.11.29
Excerpt: ...ch is not represented by counsel in this action and thus is barred from participating in these proceedings. Plaintiffs' motion is unopposed. Motion to Strike Standard Motions to strike are used to reach defects or objections to pleadings which are not challengeable by demurrer (i.e., words, phrases, prayer for damages, etc.). (C.C.P. §§ 435, 436 & 437.) A motion to strike lies only where the pleading has irrelevant, false or improper matter, or...
2022.11.21 Motion to Enforce Stipultion for Settlement 158
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.11.21
Excerpt: ...”). Yashar, Precision, Century, and Krous have filed Cross-Complaints against each other raising claims for indemnity. Yashar's Cross-Complaint, filed August 3, 2020, asserts additional causes of action for breach of warranty and negligence. Century has filed a separate action, LASC No. 21SMCV01061, seeking payment for work performed on Yashar's property. The parties participated in a mediation session on January 18, 2022, which resulted in a S...
2022.11.17 Motions to Quash 618
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.11.17
Excerpt: ...21, Plaintiff filed a Complaint against these individuals and entities alleging causes of action for breach of contract, breach of fiduciary duty; aiding and abetting breach of fiduciary duty; intentional interference with contractual relations; fraud (concealment); civil conspiracy; constructive trust; conversion; and violation of Cal. Penal Code Section 496. On September 15, 2022, Defendant filed a motion to quash service for lack of personal j...
2022.11.17 Motion to Permit Service by Publication 430
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.11.17
Excerpt: ... AG and Consul in October 2018. Plaintiffs allege Consul began a pattern of unusual and suspicious trading behavior shortly after entering in the Brokerage Agreement. Plaintiff alleges it conducted an investigation which revealed stock manipulation and conversion by Defendants. Consul previously brought an action in federal court alleging causes of action stemming from the relationship between Consul and Rainier AG. Plaintiffs allege this federal...
2022.11.08 Motion to Compel Judicial Reference 102
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.11.08
Excerpt: ...so seek to recover sums alleged due under an agreement with Defendant Palisades Capital Management LLC (“PCM”) for the purchase of 8.33% of the profits it received by PCM from the sale of a property located at 1362 Bella Oceana Vista in Pacific Palisades, which the parties call the “Pratt” property. Defendants PCF7 and PCM, together with Defendants Patrick McKenna; Leslie Gornik; John Gornik; Palisades Funding, Inc.; Palisades Development...
2022.11.08 Motion to Compel Arbitration 288
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.11.08
Excerpt: ...ween the parties. Plaintiff opposes Defendant's motion. Legal Standard Under both the Title 9 section 2 of the United States Code (known as the Federal Arbitration Act) and the Title 9 of Part III of the California Code of Civil Procedure commencing at section 1281 (known as the California Arbitration Act, hereinafter “CAA”), arbitration agreements are valid, irrevocable, and enforceable, except on such grounds which exist at law or equity fo...
2022.11.08 Demurrer 101
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.11.08
Excerpt: ...so seek to recover sums alleged due under an agreement with Defendant Palisades Capital Management LLC (“PCM”) for the purchase of 8.33% of the profits it received by PCM from the sale of a property located at 1362 Bella Oceana Vista in Pacific Palisades, which the parties call the “Pratt” property. Plaintiffs' operative Complaint, filed on July 13, 2022, asserts causes of action for (1) material misrepresentations in violation of Corpora...
2022.11.01 Application for Writ of Attachment 012
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.11.01
Excerpt: ..., breach of implied contract, breach of covenant of good faith and fair dealing, and declaratory relief. Plaintiff seeks right to attach orders and writs of attachment as to both Defendants in the amount of $191,297.34. Defendants oppose Plaintiff's application and motion. Legal Standard 1. Entity Defendants Attachment is a prejudgment remedy providing for the seizure of one or more of the defendant's assets to aid in the collection of a money de...
2022.11.01 Motion for Summary Judgment, Adjudication 863
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.11.01
Excerpt: ...�) filed an Answer on February 10, 2022. Plaintiff moves for summary judgment, or, in the alternative, summary adjudication of its claims against Defendant. Plaintiff's motion is unopposed. Plaintiff's motion previously came on for hearing on August 4, 2022, and was continued to October 11, 2022. Summary Judgment Standard Motions for summary judgment are governed by Code Civ. Proc. § 437c, which allows a party to “move for summary judgment in ...
2022.11.01 Motion for Final Approval of Proposed Class Settlement 156
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.11.01
Excerpt: ...y the Court, Plaintiff filed a First Amended Complaint asserting additional causes of action on behalf of a class of similarly situated employees. Plaintiff, on her own behalf and on behalf of Defendants' other employees, alleges Defendants failed to provide required meal and rest periods, pay all wages, provide accurate itemized wage statements, and indemnify employees for necessary expenditures. On June 29, 2022, Plaintiff filed a motion for pr...
2022.10.28 Demurrer 649
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.10.28
Excerpt: ...fendant Martinez Law Group P.C. (“Defendant”) was named as a Defendant in this action as it claims an interest in the property by virtue of an attorney's fee lien. Defendant brings this demurrer to the Complaint under Code Civ. Proc. §§ 430.10 (a)-(g). Plaintiff opposes the demurrer. Legal Standard When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 ...
2022.10.27 Motion to Enforce Settlement Agreement 876
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.10.27
Excerpt: ..., 2021. Plaintiff alleges Defendants have been operating, managing, chartering, or controlling boating vessels without proper licensing or adhering to safety regulations, and, as a result, Defendants have been able to increase their revenue. (FAC ¶¶ 29, 36.) On August 29, 2022, the parties executed a Settlement Agreement and Mutual Release. Plaintiff now moves to enforce this agreement, arguing Defendants have not complied with its terms. Alter...
2022.10.27 Demurrer, Motion to Strike 473
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.10.27
Excerpt: ...SMCV00474. On April 28, 2021, the Court issued an order finding this litigation related to an earlier action, Grace Carelli v. Mercedes‐Bohbot, Case No. SC126473, with the earlier action to serve as a lead case. These related actions stem from Plaintiff's ownership of real property located at 9635 Cedarbrook Drive, Beverly Hills, California 90210 (the “Subject Property”), and lawsuits brought by neighboring property owners regarding alleged...
2022.10.27 Demurrer 474
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.10.27
Excerpt: ... 21SMCV00474. On April 28, 2021, the Court issued an order finding this litigation related to an earlier action, Grace Carelli v. Mercedes‐Bohbot, Case No. SC126473, with the earlier action to serve as a lead case. These related actions stem from Plaintiff's ownership of real property located at 9635 Cedarbrook Drive, Beverly Hills, California 90210 (the “Subject Property”), and lawsuits brought by neighboring property owners regarding alle...
2022.10.21 Motion for Summary Judgment 569
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.10.21
Excerpt: ...022. On July 25, 2022, the Court granted Defendant's motion to set aside the entry of default and default judgment. Plaintiff now moves for summary judgment or, in the alternative, summary adjudication. A party may oppose a motion for summary judgment filed in an unlawful detainer action orally at the hearing or with a written opposition filed and served before or at the hearing. (Cal. Rules of Court, rule 3.1351(b)-(c).) “If a party seeks to h...
2022.10.21 Motion for Leave to Intervene 906
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.10.21
Excerpt: ...to assert similar claims against Defendant stemming from the same work and project which forms the basis of Plaintiff's claims against Defendant. Defendant opposes Kambur's motion, Plaintiff does not. Legal Standard Code Civ. Proc. § 387(d) provides the following: (1) The court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A) A provision of law conf...
2022.10.21 Demurrer 275
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.10.21
Excerpt: ... Development Company, Inc. (collectively with McKenna, “Defendants”), alleging McKenna, as the founder, manager, and operating director of the Company improperly settled a claim raised by a buyer of real property sold by the Company without first obtaining Plaintiff's consent. This real property is located at 1362 Bella Oceana Vista in Pacific Palisades, California. Plaintiff's Complaint, filed August 2, 2022, asserts four causes of action ag...
2022.10.20 Motion to Stay or Consolidate 776
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.10.20
Excerpt: ...es provided to Defendants' members. Defendants have filed a First Amended Complaint against Plaintiff asserting causes of action for declaratory relief and money had and received. Defendants bring this motion asking the Court to stay 19 small claims actions Plaintiff has filed against Defendants. Alternatively, Defendants ask the Court to transfer and consolidate each of those 19 actions with this consolidated action. Plaintiff opposes Defendants...
2022.10.19 Application for Writ of Attachment 237
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.10.19
Excerpt: ...iff now brings an application for writ of attachment on his cause of action for breach of contract in the amount of $176,200. Legal Standard “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.” (C.C.P. § 484.010.) The application shall be ...
2022.10.18 Demurrer 727
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.10.18
Excerpt: ...LC and Survivors Trust Under the Sampson Family Trust (collectively “Defendants”). Plaintiffs allege Defendants failed to provide required services to Jeri Laird, ultimately resulting in her death. Defendants bring this demurrer to Plaintiffs' causes of action for elder abuse, violation of patient's rights, and wrongful death, alleging each fails to state sufficient facts to constitute a cause of action against Defendants and is uncertain und...
2022.10.18 Motion to Quash Service of Summons 417
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.10.18
Excerpt: ...iff opposes Defendant's motion. Defendant has not filed a reply. Request for Judicial Notice Plaintiff requests the Court take judicial notice of the proof of service filed by Plaintiff in this action on September 6, 2022. Plaintiff's request is unopposed and is GRANTED. (Arce ex rel. Arce v. Kaiser Found. Health Plan, Inc. (2010) 181 Cal.App.4th 471, 483; Schmidlin v. City of Palo Alto (2007) 157 Cal.App.4th 728, 790 n.10.) Legal Standard “A d...
2022.10.13 Motion to Quash 649
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.10.13
Excerpt: ... Court granted Plaintiff's motion on August 5, 2022. Defendant now moves to quash Plaintiff's service by publication. Plaintiff opposes the motion. Objections to Evidence The Court OVERRULES Plaintiff's objection #3 to the declaration of G. Scott Sobel. The Court does not rule on Plaintiff's remaining objections as it did not rely on the evidence challenged by those objections. Legal Standard “A defendant . . . may serve and file a notice of mo...
2022.10.13 Motion for Summary Judgment 161
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.10.13
Excerpt: ...ssell Construction (“Russell”), who lent Plaintiff's services to Defendant Del Amo Construction, Inc. (“Del Amo”) on the project. Del Amo contracted with Defendant Engel Holdings, Inc. dba Cabrillo Hoist (“Cabrillo”) to install the hoist which ultimately injured Plaintiff. Cabrillo now moves for summary judgment, or, alternatively, summary adjudication as to Plaintiff's claims against it, Del Amo's Cross-Complaint against it, and Plai...
2022.10.10 Motion to Consolidate Action 180
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.10.10
Excerpt: ... oppose Plaintiff's motion. Legal Standard Code Civ. Proc. § 1048 provides “[w]hen actions involving common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” The purpose of consolidation is to avoid un...
2022.10.06 Motion to Strike 452
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.10.06
Excerpt: ...m trespassed on Plaintiffs' property or directed other people to trespass on their property, and cut down trees, plants, and other vegetation on Plaintiffs' property. On June 1, 2022, Plaintiffs filed an amendment to their Complaint substituting Defendant Valentino Green Landscape, Inc. (“Defendant”) for Doe 1. Plaintiffs' Complaint alleges causes of action against Defendant for negligence, negligent trespass to timber, intentional property d...
2022.10.04 Motion for Determination of Good Faith Settlement 112
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.10.04
Excerpt: ...ty. The remaining ten units at the Property together form a common interest development subject to the Davis-Stirling Common Interest Development Act (“Davis-Sterling Act”) (Civ. Code, § 4000 et seq.). The development is governed by the Fifteen Zero Eight Twelfth Street Homeowners Association (“HOA”) and is subject to recorded covenants, conditions, and restrictions (“CC&R's”). The daily operations of the HOA were conducted by BLN Pr...
2022.09.27 Motion to Modify Preliminary Injunction 756
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.09.27
Excerpt: ...or the property. The Court issued a TRO enjoining the sale pending hearing on a preliminary injunction. On May 26, 2021, the Court granted Plaintiff's request for a preliminary injunction, setting the bond at $250,000. Defendant brings this motion to modify or, alternatively, dissolve the preliminary injunction based on what it contends is a material change in the facts underlying the injunction. Plaintiff opposes Defendant's motion. The hearing ...
2022.09.20 Motion for Attorney Fees 855
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.09.20
Excerpt: ...ingleton”) to rework fire sprinklers to accommodate a new floor plan at the Premises, which was occupied by Plaintiff. On October 11, 2016, Singleton's employee mistakenly cut the domestic water line causing the pipe to rupture and flood the Premises. In its operative First Amended Complaint, Plaintiff named defendants Sentinel Insurance Company, Ltd., its own insurer; Newport Office Center V Associates LLC, NOC V Land Company LLC, and 561 Nort...
2022.09.20 Demurrer, Motion to Strike 241
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.09.20
Excerpt: ... filed a Cross-Complaint against the roofer, Cross-Defendant United Roofing Co. (“Cross- Defendant”), Freedman subsequently filed a First Amended Cross-Complaint (the “Freedman FACC”) on December 9, 2020, alleging causes of action against Cross-Defendant for intentional misrepresentation, concealment, fraud, negligence, products liability, indemnification, and apportionment of fault. Freedman subsequently dismissed the Freedman FACC with ...
2022.09.15 Motions to Compel Arbitration 634
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.09.15
Excerpt: ...r rest breaks to her and other of Defendants' employees. Defendants move the Court to compel arbitration of Plaintiff's individual PAGA claims and dismiss any claims brought under PAGA in a representative capacity on behalf of Defendants' other employees. Plaintiff opposes the motion. Request for Judicial Notice Plaintiff requests the Court take judicial notice of the California Supreme Court's granting review in the case styled Adolph v. Uber Te...
2022.09.14 Application for Writ of Attachment 237
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.09.14
Excerpt: ...attachment on his cause of action for breach of contract in the amount of $176,200. Legal Standard “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.” (C.C.P. § 484.010.) The application shall be executed under oath and must include: (1) ...
2022.09.12 Motion to Strike 966
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.09.12
Excerpt: ...perature Equipment Corporation (“TEC”) failed to construct Plaintiffs' home according to Plaintiffs' specifications. Plaintiffs' operative complaint is the Fourth Amended Complaint (“FAC”) filed on June 30, 2022. TEC previously brought motions to strike Plaintiffs' claim for punitive damages and Plaintiffs' cause of action for violation of Business & Professions Code § 17200 asserted in Plaintiffs' prior Second and Third Amended Complain...
2022.09.07 Demurrer 154
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.09.07
Excerpt: ...ach of fiduciary duties, and (4) conversion. Defendant previously demurred to the first, third, and fourth causes of action asserted in the Complaint. The Court sustained Defendant's demurrer as to the third and fourth causes of action and grated Plaintiff leave to amend. Defendant also previously moved to strike Plaintiff's allegations concerning punitive damages and attorney's fees. The Court denied Defendant's motion as to Plaintiff's claim fo...
2022.08.18 Motion to Serve through Secretary of State 430
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.08.18
Excerpt: ...G and Consul in October 2018. Plaintiffs allege Consul began a pattern of unusual and suspicious trading behavior shortly after entering in the Brokerage Agreement. Plaintiff alleges it conducted an investigation which revealed stock manipulation and conversion by Defendants. Consul previously brought an action in federal court alleging causes of action stemming from the relationship between Consul and Rainier AG. Plaintiffs allege this federal a...
2022.08.18 Demurrer, Motion to Strike 179
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.08.18
Excerpt: ...ive pleading is the First Amended Complaint (“FAC”) filed on June 2, 2022, which alleges causes of action against Defendants for (1) breach of written contract, (2) breach of oral contract, (3) fraud, (4) negligence, (5) professional negligence, and (6) disgorgement under Business and Professions Code § 7159. Defendants bring this demurrer to the first, third, fourth, and fifth causes of action asserted against them in the FAC, alleging they...
2022.08.18 Demurrer 903
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.08.18
Excerpt: ...ourt. Judgment was entered in favor of Defendants on this prior action in May 2022 on the basis of a defect in Plaintiff's three-day notice to pay under they COVID-19 Rental Housing Recovery Act. Defendants bring a demurrer to Plaintiff's instant Complaint, arguing Plaintiff's claims are barred by the doctrine of res judicata stemming from the judgment in the prior action. Request for Judicial Notice Plaintiff and Defendants request the Court tak...
2022.08.04 Motion to Permit Financial Discovery 157
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.08.04
Excerpt: ...t financial discovery as to Defendants Ray Consulting Group Ventures, Inc.; Rayco Electronics Manufacturing, Inc.; Suraj Development Corp.; Usha Patel; and Mayan Patel in connection with his claim for punitive damages. Objections to Evidence Plaintiff's objections to the Declarations of Lorraine Anderson and Mayan Patel are OVERRULED with the exception of Plaintiff's objection to paragraph 31 of the Mayan Patel Declaration, which is SUSTAINED. Le...
2022.08.04 Motion for Summary Judgment 863
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.08.04
Excerpt: ... filed an Answer on February 10, 2022. Plaintiff moves for summary judgment, or, in the alternative, summary adjudication of its claims against Defendant. Plaintiff's motion is unopposed. Summary Judgment Standard Motions for summary judgment are governed by Code Civ. Proc. § 437c, which allows a party to “move for summary judgment in an action or proceeding if it is contended that the action has no merit or that there is no defense to the act...
2022.07.27 Motion for Undertaking 498
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.07.27
Excerpt: ...t further alleges that defendants produced and filmed Jeepers Creepers IV without Cross-Defendant's knowledge or involvement, even though Cross-Defendant had been working with defendants to develop the sequels throughout 2018 and 2019. Once the film was shot, Defendants purported to extend to Cross-Defendant a right of “last negotiation” which was illusory because defendants had already granted distribution rights to Cross-Defendant's competi...
2022.07.26 Motion for Distribution and Apportionment 144
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.07.26
Excerpt: ...y the parties as joint tenants. Pursuant to the parties' stipulation, following the sale of the property on July 29, 2021, each party received an equal initial payment of $125,000 and the remaining proceeds, totaling $486,450, remained in escrow to be allocated between the parties at a later date. Plaintiff's motion is unopposed. Legal Standard Under Code Civ. Proc. § 873.820, the proceeds of sale for any property sold shall be applied in the fo...
2022.07.26 Demurrer to FAC 534
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.07.26
Excerpt: ...iff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) declaratory relief, (2) quiet title, (3) trespass, (4) declaratory relief, and (5) quiet title. This action involves determination of the bounds of a floating easement on Defendant's property created in 1997 by two judgments (the “Roadway Easement”). Plaintiff alleges this case is necessary to establish where the easements are to be placed on Defend...
2022.07.21 Demurrer, Motion to Strike 361
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.07.21
Excerpt: ...was later discharged and replaced with Defendants and Cross-Defendants Schwimer Weinstein, LLP (“Schwimer”) and the Simon Law Group (“Simon”). Schwimer and Simon obtained a favorable verdict for Cabezas. Plaintiff seeks payment of its reasonable attorney's fees and costs for the legal work performed in its representation of Cabezas. Cabezas has cross-complained, asserting a cause of action for declaratory relief against Plaintiff, Schwime...
2022.07.21 Demurrer 585
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.07.21
Excerpt: ...f the affirmative defenses asserted in the operative Amended Answer filed by Defendants on June 23, 2022, arguing they do not state facts sufficient to constitute a defense under Code Civ. Proc. § 430.20(a). Legal Standard A party against whom an answer has been filed may object by demurrer to the answer. (C.C.P. § 430.20.) A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law, not fact, regardi...
2022.07.21 Demurrer 390
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.07.21
Excerpt: ...022, on the basis of uncertainty and granted Plaintiff leave to further amend her Complaint. Plaintiff filed a Third Amended Complaint (“TAC”) on March 2, 2022, alleging causes of action for (1) fraud and bad faith, (2) breach of contract and fiduciary duty, (3) intentional misrepresentation, (4) misrepresentation, (5) false or lack of insurance coverage, and (6) deceit. The Dolan Defendants now bring this demurrer to each cause of action ass...
2022.07.14 Demurrer, Motion to Strike 379
Location: Los Angeles
Judge: Zukin, Helen
Hearing Date: 2022.07.14
Excerpt: ...as Keller Williams, Inc. (“Keller Williams”) and Ashraf Spahi (“Spahi”), who represented Defendants in connection with the sale . Defendants bring this demurrer to Plaintiff's third cause of action for deceit, fourth cause of action for negligent misrepresentation, and fifth cause of action for breach of contract, alleging each fails to state sufficient facts to constitute a cause of action against Defendants and is barred by the statute ...

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