Excerpt: ...s, and derivatively on behalf of 123 Los Robles, LLC RESPONDING PARTY(S): (1) Plaintiff Albert Barrios, an individual, on behalf of other stakeholders, and derivatively on behalf of 123 Los Robles, LLC; (2) Defendant Patrick Chragchian STATEMENT OF FACTS Plaintiff alleges that Defendants breached their fiduciary duties to a limited liability company by giving an easement to an entity Defendants owned which benefited Defendants. Defendant Patrick ...

Excerpt: ...ateral difficulties, including left leg pain and dysfunction in the left quadriceps muscle, exogenous bony overgrowth in the later aspect near the lumbar plexus bilateral, nerve root compression, subsequent corrective surgery and inoperable fused vertebrae nerves, among other injuries. Defendants Russell W. Nelson, M.D. and Nelson Spine Institute move for summary judgment. TENTATIVE RULING: Defendants Russell W. Nelson, M.D. and Nelson Spine Inst...

Excerpt: ...o the true surveyed property line between her property and Defendants' property. Defendant Cameron M. Flanagan brings a motion for sanctions pursuant to CCP § 128.7(b). TENTATIVE RULING: Defendant Cameron M. Flanagan motion for sanctions pursuant to CCP § 128.7(b) is DENIED. The motion was filed before the full 21-day safe harbor period had elapsed. Plaintiff's counter-request for sanctions is DENIED. The motion was denied solely on procedural ...

Excerpt: ...ant Martin D Singer; (2) (4) Plaintiff Janice D ickson STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS Plaintiff Janice Dickinson: a well-known fashion model: alleges that Defendant Bill Cosby: the celebrity, issued two press releases in November 2014 through his attomey, Defendant Martin D. Singer, which accused Plaintiff of lying when she disclosed in a television interview that Defendant Cosby had drugged and raped her in 1982. Plaintiff brings...

Excerpt: ...MENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs are residents of a mobile home park. Plaintiffs alleges that Defendants have failed to maintain the common areas. Plaintiffs also allege a series of unrelated acts of rudeness and intimidation by various Defendants as well as refusal to approve buyers of Plaintiffs' mobile homes. Defendants Westmont Corporation d/b/a Wildwood Mobile Home Country Club, Mark Rutherford, Jo Davenport, Gary Davenp...

Excerpt: ... PMQ. TENTATIVE RULING: Plaintiff Jerome Christensen's motion to compel the further deposition of Defendant's PMQ is GRANTED as to Categories 5 – 21. DISCUSSION: Demurrer Plaintiff Jerome Christensen moves to compel the further deposition of Defendant General Motors, LLC's PMQ. Discussion: <0033004f0044004c005100 004f0048004700030057>o comply with CRC Rule 3.1345(a)(4), which requires that a separate statement accompany a motion to compel answe...

Excerpt: ...discrimination against Plaintiffs. Defendant Adel Al-Sumait demurs to the Complaint. TENTATIVE RULING Defendant Adel Al-Sumait's demurrer to the Complaint is OVERRULED as to the first, third, and fifth causes of action, and SUSTAINED as to the second cause of action. Whether leave to amend is granted or not will be determined at the hearing. DISCUSSION Defendant Adel Al-Sumait demurs to the Complaint. Meet and Confer It appears that the meet and ...

Excerpt: ...t Plaintiff's construction activities were deficient and Defendants refused to remedy these defects. <0057004c00520051000f00 00590048005600030057[o compel inspection of property and requests sanctions. TENTATIVE RULING: Plaintiff Lucas Brothers Construction, Inc.'s motion for an order compelling inspection of property and for monetary sanctions is DENIED. DISCUSSION: Motion For An Order Compelling Inspection of Property The motion to for an order...

Excerpt: ...as it was a warehouse illegally converted to a live-work loft. Moreover, the property has habitability problems which have not been fixed. Defendants Donegan McCuaig filed a cross-complaint for indemnification. Defendants Downtown Prime, LLC, David Baradarian, Moses Babazadeh, Pedram Yadsion and Shahram Shamsian filed a cross-complaint for indemnity and alleging breaches of fiduciary duty. Cross-Defendants Quixotic Realty, Inc. and Donegan McCuai...

Excerpt: ...ss-complaints for indemnity. Plaintiff Novell Studio, Inc. move for reconsideration of the Court's January 29, 2018 ruling sustaining the demurrer to the first amended complains as to the third and sixth causes of action with leave to amend. TENTATIVE RULING: Plaintiff Novell Studio, Inc.'s motion for reconsideration of the Court's January 29, 2018 ruling sustaining the demurrer to the first amended complains as to the third and sixth causes of a...

Excerpt: ...fendant Residential Bancorp's motion for a continuance of the trial date is GRANTED. The October 15, 2018 trial date is continued to April 22, 2018. The final status conference is set for April 15, 2019. All related discovery, motion and expert demand cutoff dates are to be calculated in reference to the new trial date. DISCUSSION Motion To Continue Trial Date Defendant's request for judicial notice of the Trustee's Deed Upon Sale recorded on Feb...

Excerpt: ...tiff Angeles White; (2) Third-Party Bunim-Murray Productions; <000300030003000b001600 0033004400550057005c[ E! Media Productions, LLC STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that Defendant Robert Kardashian committed assault and battery against Plaintiff and has publicly slut-shamed and published defamatory statements about Plaintiff on social media. Defendants Defendants Kris Jenner, Ki Kardashian West, Khloe Kardashian...

Excerpt: ...cov (Jake) Metzler's demurrer to the entire first amended complaint is OVERRULED. The demurrer to the first, fifth and sixth causes of action is SUSTAINED with 30 days leave to amend. Plaintiff will only be given one more opportunity to amend. DISCUSSION: Demurrer Meet and Confer The Declaration of William A. Meyers reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Request For Judicial Notice Defendant reques...

Excerpt: ...s in default and cannot appear unless and until his default is set aside. DISCUSSION: Motion To Quash Defendant served this motion by mail to 325 N. Maple Dr., Beverly Hills, CA 90012;. However, the address listed on the Complaint for Plaintiff in pro per is 13701 Riverside Drive, Sherman Oaks, CA 91423. More fundamentally, on March 27, 2018, default was entered against moving Defendant Baramily. A motion to quash service of summons on the ground...

Excerpt: ...al Male Defendant brings a “petition” (actually a motion) to compel arbitration per a non-disclosure agreement between the parties. TENTATIVE RULING: Defendant Confidential Male Defendant's motion to compel arbitration is GRANTED. However, Defendant's request that the case be dismissed is DENIED. Instead, the litigation is ordered stayed pending arbitration pursuant to CCP § 1281.4. DISCUSSION: Motion to Compel Arbitration Plaintiff's Eviden...

Excerpt: ...CEEDINGS: Plaintiff alleges that Defendants refused to end life support for her husband based on her instructions pursuant to her durable power of attorney because Defendants wanted to prolong decedent's life support to continue to receive Medicare payments until such payments were exhausted. Defendant CHA Hollywood Medical Center, L.P. dba Hollywood Presbyterian Medical Center (“HPMC”) and Defendant CHA Health Systems, Inc. (“CHA) separate...

Excerpt: ...d Bakersfield, the School Districts of Los Angeles, McFarland, Visalia and Kern, the Health Care District of Tehachapi, ex al. Med-Legal Associates, Inc. and CLCI, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Qui tam action alleging that Defendant Bruce E. Fishman lied on his application (concealing a felony conviction) to serve as a qualified medical evaluator (“QME”) in connection with the examination of injured workers for purposes...

Excerpt: ...a Caldera, Doe <0051004a0003002f004c00 0f00030044005100470003[ Doe 105—Min Zhou; (2) Plaintiff/Cross-Defendant A.C.A. LLC and Cross-Defendant Damian Akhavi STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that, Seifer, who owned the building prior to Plaintiff purchasing it, assigned her claims against Defendant Holmstrom, resident property manager, and his co- conspirators, tenants of the building. It is alleged that Defendant...

Excerpt: ...lleges that Defendant has failed to account to Plaintiff for her 50% interest in Defendant Global Valley, LLC. Defendant David Kuo moves for appointment of a discovery referee to preside over the deposition of David Kuo in this matter at a neutral location and to report findings and make recommendations to the Court regarding the same. Plaintiff Weijing Zhao aka Jessie Zhao moves for the imposition of monetary sanctions and to compel responses an...

Excerpt: ...tion, Inc. and George Molina move for bifurcation of trial on the issues of the classification and prevailing wage rate of the Plaintiffs for the period in which Plaintiffs were employed by Defendant Interior Demolition, Inc. TENTATIVE RULING: Defendants Interior Demolition, Inc. and George Molina's motion to bifurcate is GRANTED. DISCUSSION: Motion To Bifurcate Defendants' request that the Court take judicial notice of documents filed in this ca...

Excerpt: ...iff's supervisor, began sexually harassing Plaintiff. Defendants County of Los Angeles and Marcus Harris move to compel the deposition of subpoenaed witness Michelle Anderson, who failed to appear for her May 9, 2018 deposition. TENTATIVE RULING: Defendants County of Los Angeles and Marcus Harris's motion to compel the deposition of subpoenaed third-party witness Michelle Anderson is GRANTED. DISCUSSION: Motion To Compel Deposition of Subpoenaed ...

Excerpt: ...discrimination. Defendant Los Angeles Unified School District Group moves for judgment on the pleadings as to the second amended complaint. TENTATIVE RULING: Defendant Los Angeles Unified School District's motion for judgment on the pleadings is DENIED as to the fourth, fifth and sixth causes of action. Plaintiff's request for leave to amend the complaint is DENIED. DISCUSSION: Meet and Confer Pursuant to the Court's instructions and continuance ...

Excerpt: ...ies 2006-AR3 RESPONDING PARTY(S): Plaintiff Ronald E. Cole, in pro per STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an action for violation of the California Homeowners' Bill of Rights and associated claims. Defendants Nationstar Mortgage LLC, Mortgage Electronic Registration Systems, Inc. (“MERS”), and The Bank of New York Mellon fka The Bank of New York as Successor in Interest to JP Morgan Chase Bank, N.A., as Trustee for Struct...

Excerpt: ...ant City of Los Angeles's demurrer to the Complaint is SUSTAINED with leave to amend as to the first through fifth causes of action. DISCUSSION: Meet and Confer The Declaration of Stacey Anthony reflects that an attempt to meet and confer was made, but Plaintiff's counsel did not respond until the day before the deadline for the demurrer to be filed. This satisfies the meet and confer requirement set forth at CCP § 430.41(a)(3)(B)(party who file...

Excerpt: ...o opposition filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that Defendant attorney Glenn Murphy committed malicious prosecution by targeting Plaintiffs in three substantially identical, frivolous disability and race discrimination lawsuits against Plaintiffs. Defendant Glenn Murphy moves for issue, evidence and/or monetary sanctions. Plaintiff applies for an order fixing date and time for inspection and copying of docum...

Excerpt: ...trike portions thereof. TENTATIVE RULING: Defendants Kay Wilson and Stephen Kramer's demurrer to the entire Complaint is OVERRULED. The motion to strike is DENIED. Defendants are ordered to answer the Complaint within 20 days. DISCUSSION: Demurrer Meet and Confer The Declaration of Aaron Charles Gregg reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Analysis: 1. Entire Complaint Defendants demur to the entir...

Excerpt: ...or Plaintiffs' industry accomplishments, concepts and creations and have utilized Plaintiffs' trade secrets in Defendants' own business dealings. Defendants American Development Center, LLC, ADC Downey, LP, Industrial Realty Group, LLC, IRG Downey, LLC and Stuart Lichter demur to the 3AC. TENTATIVE RULING: Defendants American Development Center, LLC, ADC Downey, LP, Industrial Realty Group, LLC, IRG Downey, LLC and Stuart Lichter's demurrer to th...

Excerpt: ...intiff to urgent care instead of calling 911. Defendants Davron Rashidov and Rapid Window Tinting, LLC filed a Cross-complaint against Defendants Juan Bautista and Hollywood Car Wash for indemnity and contribution. Defendant Rapid Window Tinting, LLC moves for judgment on the pleadings. TENTATIVE RULING Defendant Rapid Window Tinting, LLC's motion for judgment on the pleadings as to the entire Complaint is DENIED. DISCUSSION Meet and Confer It ap...

Excerpt: ...ndants' property. Defendant filed a cross-complaint alleging that the stairway landing located on Plaintiff's property was constructed without permits, and that Robertson, who sold the property to Defendant, falsely stated that he had given Plaintiffs permission to use the stairway. Defendant/Cross-Complainant 23936 Malibu, LLC moves for leave to file a second amended cross-complaint. TENTATIVE RULING: Defendant/Cross-Complainant 23936 Malibu, LL...

Excerpt: ...summary judgment or, in the alternative, summary adjudication as to the complaint. TENTATIVE RULING: Defendant Kaiser Foundation Hospital's motion for summary judgment is GRANTED. DISCUSSION: Defendant's Evidentiary Objections <0052005800550057000300 00030057005200030055[ule on Defendant's evidentiary objections, which are asserted against Plaintiff's evidence which is not material to the disposition of this matter. Motion For Summary Judgment As...

Excerpt: ...ald P. Crasnick, individually and as Trustee of the 1979 Ehrlich Investment Trust RESPONDING PARTY(S): Plaintiffs Andrea Marosi, individually and as Guardian Ad Litem for Minor Brookelynn Colbert, Eva Marosi and Gyorgy Marosi STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that the apartment unit they rented from Defendants was uninhabitable. Defendants move to transfer this action to the Riverside Superior Court – Palm Spring...

Excerpt: ...mplaint and moves to strike portions thereof. TENTATIVE RULING: Defendant General Motors, LLC's demurrer to the complaint is SUSTAINED with s leave to amend as to the seventh cause of action. Defendant's motion to strike the prayer for punitive damages at ¶ f., page 16:10 is GRANTED with leave to amend. DISCUSSION: Demurrer Meet and Confer The Declaration of Sean Morrissey reflects that the meet and confer requirement set forth in CCP § 430.41 ...

Excerpt: ...ked JLG Lift encroaching on the roadway of Sunset Blvd. Various Defendants filed Cross-Complaints. Defendant Bobco Metals, LLC brings a motion for summary judgment only. TENTATIVE RULING: Defendant Bobco Metals, LLC's motion for summary judgment is DENIED. DISCUSSION: Request For Judicial Notice Plaintiff's request for judicial notice that at the tmie of the accident the lift was parked in violation of the Encroachment Permit and in violation of ...

Excerpt: ...nt of Plaintiff's property, resulting in severe damage. As to adjacent landowner Merrifield, Plaintiffs allege that the Merrifield Property, immediately downslope of Plaintiffs' property, was negligently constructed and maintained for structural support for the slope and slope maintenance, so as to contribute to the subsidence and landsliding that damaged Plaintiffs' property. Plaintiff/Cross-Defendant Joni Smith moves to bifurcate the trial. TEN...

Excerpt: ...arbara, the Cities of Los Angeles and Bakersfield, the School Districts of Los Angeles, McFarland, Visalia and Kern, the Health Care District of Tehachapi, ex al. Med-Legal Associates, Inc. and CLCI, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Qui tam action alleging that Defendant Bruce E. Fishman lied on his application (concealing a felony conviction) to serve as a qualified medical evaluator (“QME”) in connection with the examina...

Excerpt: ...ment on the pleadings. TENTATIVE RULING: Defendant Patricia B. Wan's motion for judgment on the pleadings as to the Complaint is GRANTED. Since it appears that there is no reasonable possibility of successfully amending the Complaint, consistent with this ruling, leave to amend is DENIED. DISCUSSION Meet and Confer The Declaration of Andrew W. Twietmeyer reflects that moving party engaged in meet and confer efforts as required by CCP § 439. Anal...

Excerpt: ...Defendant Li Hsiu-Chu Hsu moves for a further continuance of the trial date. TENTATIVE RULING: The court has read and considered all pleadings in connection with this matter. No tentative is issued at this time. Counsel to appear and argue, or in the alternative, they may submit on their respective pleadings. DISCUSSION Motion To Continue Trial Date Defendant Li Hsiu-Chu Hsu moves for a further continuance of the trial date of 6 to 9 months. <005...

Excerpt: ...aintiff alleges that she was constructively terminated. <0048000300260052005800 0051004a000300440003[motion to compel production of text messages between Plaintiff and witness Rachel Owen. TENTATIVE RULING: <0046004f004c0048005100 0048004a00480003005a[hich may exist as to the subject text messages has been waived. The Court will conduct an in camera review of the unredacted subject text messages regarding the attorney work product privileged. Pla...

Excerpt: ...nts have illegally converted an industrial unit to apartment units rented out to Plaintiffs. Defendants Downtown Prime, LLC, Moses Babazadeh, David Baradarian, and Pedram Yadidsion move to strike[1] portions of the Complaint. TENTATIVE RULING Defendants Downtown Prime, LLC, Moses Babazadeh, David Baradarian, and Pedram Yadidsion's motion to strike portions of the Complaint at ¶¶ 1 – 5 and 23, ¶ 22:24-25, ¶ 25:21-25 and ¶ 34:10-12 is DENIED...

Excerpt: ...) light technology developed by Plaintiff. Defendants Cory Gamberg, Brian Gamberg, Neal Castleman, DCX-Chol Enterprises, Inc. and Lytepost, Inc. move to strike portions of the second amended complaint. The hearing was continued from a prior date to permit compliance with the meet and confer requirement set forth in CCP § 436. TENTATIVE RULING: Defendants Cory Gamberg, Brian Gamberg, Neal Castleman, DCX-Chol Enterprises, Inc. and Lytepost, Inc.'s...

Excerpt: ...filed. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff seeks to enjoin a non-judicial foreclosure due to Defendants' failure to contact Plaintiff to assess his financial situation or to explore his foreclosure prevention alternatives. Defendants Bank of America, N.A. and The Bank of New York Mellon, fka, The Bank of New York, as Successor Indenture Trustee to JP Morgan Chase Bank, N.A., as Indenture Trustee for the CWABS Revolving Home ...

Excerpt: ...l of La Canada Elementary School. Defendant La Canada Unified School District moves for summary judgment or, in the alternative, summary adjudication as to the second amended complaint. TENTATIVE RULING: Defendant La Canada Unified School District's motion for summary judgment is DENIED. The alternative motion for summary adjudication is DENIED as to Issues Nos. 1 and 2. DISCUSSION: Requests For Judicial Notice Defendant's request that the Court ...

Excerpt: ...iscrimination. Defendant Los Angeles Unified School District Group moves for judgment on the pleadings as to the second amended complaint. TENTATIVE RULING: Defendant Los Angeles Unified School District's motion for judgment on the pleadings is CONTINUED to June 14, 2018. Defendant's counsel is ordered to meet and confer with Plaintiff's counsel and to file a meet and confer declaration as required by CCP § 439(a)(3) (effective January 1, 2018) ...

Excerpt: .... TENTATIVE RULING: Defendants Duk Hwan Kim, Gyu Ha Choi and Adeline LA, Inc.'s demurrer to the Complaint is SUSTAINED with leave to amend as to the first and fifth causes of action, SUSTAINED without leave to amend as to the fourth cause of action, and OVERRULED as to the sixth cause of action. Plaintiff is given 30 days leave to amend, consistent with this ruling. DISCUSSION: Demurrer Meet and Confer The Declaration of Ryan J. Derose reflects t...

Excerpt: ...ment, which Plaintiff now seek to enforce pursuant to CCP § 664.6. TENTATIVE RULING: Plaintiff Nazila Satvat's motion to enforce the settlement agreement purportedly entered into by the parties by entry of judgment in the amount of $12,000, plus $3,035 in fees and costs, plus 10% interest against Defendant from October 30, 2017 until paid in full, and that the Court retain jurisdiction over the parties to enforce the settlement until performance...

Excerpt: ...ne-half joint ownership interest in the subject real property to induce Defendant to pay more than his ½ share toward the down payment, and to pay ½ of the loan payments. Oaktree Law moves to be relieved as counsel for Plaintiff Darryl Lucien. TENTATIVE RULING: Oaktree Law, attorney for Plaintiff Darryl Lucien's motion to be relieved as counsel for Plaintiff Darryl Lucien is GRANTED. DISCUSSION: Motions To Be Relieved As Counsel California Rule...

Excerpt: ... mobile home park. Plaintiffs alleges that Defendants have failed to maintain the common areas. Plaintiffs also allege a series of unrelated acts of rudeness and intimidation by various Defendants as well as refusal to approve buyers of Plaintiffs' mobile homes. Defendants Westmont Corporation d/b/a Wildwood Mobile Home Country Club, Mark Rutherford, Jo Davenport, Gary Davenport and Jose Hernandez demur to the fifth amended complaint and moves to...

Excerpt: ... tax return preparation services for Plaintiff. Defendants Tax Resolution Services, Co., Parham Khorsandi, Justin Bina, Negar Taghilou, and Tax Defense Partners, LLC demur to the second amended complaint. TENTATIVE RULING: Defendants Tax Resolution Services, Co., Parham Khorsandi, Justin Bina, Negar Taghilou, and Tax Defense Partners, LLC's demurrer to the fourth cause of action as to Plaintiff Chen is SUSTAINED without leave to amend. The demurr...

Excerpt: ...or make restitution. On December 28, 2017, the Court granted Defendant's ex parte application for an order staying case until February 1, 2018. That stay was subsequently extended to this date. Defendant seeks an extension of the stay to give the parties additional time to discuss resolving the case. TENTATIVE RULING: The Court will entertain argument as to how long a renewed stay should last. Defendant's request that the Court order the parties ...

Excerpt: ...ranted in part and denied in part Defendant's anti-SLAPP special motion to strike. The Court of Appeal reversed the order denying the anti-SLAPP motion and directed to Court to grant the anti-SLAPP motion in its entirety. Defendant now seeks an award of attorney fees pursuant to CCP § 425.16(c). TENTATIVE RULING: Defendant Trider Corporation motion to recover $32,034.50 in attorney's fees and $495.00 in costs is GRANTED. DISCUSSION: Motion For A...