Excerpt: ...ing order:  The relationship of “Chrysler” to the case is not explained. The objections to Request 16 are sustained.  The objections are otherwise overruled. With respect to the remaining requests, Plaintiffs must state whether all responsive documents in their possession, custody and control have been produced. If any documents are withheld on the basis of privilege, Plaintiffs must produce a log including: ...

Excerpt: ...s to strike both of these allegations. The “Steerman damages” allegations apparently refer to Stearman v. Centex Homes (2000) 78 Cal.App.4th 611. Stearman held that “since tort damages are intended to make the injured plaintiff whole, ‘the proper measure of damages [in a construction defect case] is the cost of remedying the defects ... together with the value of the lost use (if any) during the period of injury.'” Id. at 624, quoting R...

Excerpt: ...of ignorance of the judgment to be credible. The Court noted in the statement of decision, “[i]t seems highly unlikely that Mr. Azrilyan, as a shareholder of a company with his sister would have been ignorant of the process served and the outcome of the case.” It was contended that Mr. Stanley Azrilyan had an equitable interest in Defendant RX Ingredients, Inc., but it is now admitted that he was not a formal shareholder. Thus, the Court's st...

Excerpt: ... disclose material facts. Any amended complaint should have separate allegations against Mr. Caguin. The demurrers to the Third, Eleventh and Seventeenth Causes of Action are sustained. Mr. Caguin is correct that the constructive trust is a remedy (i.e., for fraud or breach of ficuciary duty) and not a separate cause of action. The remaining demurrers are overruled. The Court notes that Plaintiff Deborah Hatch has pleaded sufficient facts to find...

Excerpt: ...ugh a series of allegedly forged deeds and other recordings, the Property was conveyed from the Alepyan Trust, and then encumbered by a deed of trust in favor of an Alan Hershberg. Mr. Hershberg then recorded two notices of default, one of which he later rescinded. The trust deed was reconveyed twice, allegedly by Mr. Hershberg. Then he allegedly rescinded these reconveyances. Then Mr, Hershberg sold the property at a trustee's sale to Magnum. No...

Excerpt: ...A memorandum of costs must be filed after notice of entry or entry of judgment. Cal. R. Ct. 3.1700. While demurrers have been sustained for Patel and R.P.P., as far as the Court can tell, no judgment has been entered in favor of Patel and R.P.P. If it is desired, it should be submitted. Thereafter, if desired, a bill of costs. As an advisory ruling, the Court notes that it would allow Court Call costs pursuant to Cal. Civ. Proc. Code § 1033.5(c)...

Excerpt: ... before without an interpreter. He has presented no evidence here to explain why he needs an interpreter in this case while he did not need one in prior legal proceedings. Under these circumstances, the Court believes that it is appropriate for Mr. Petrosyan to provide an interpreter at his deposition if he wants one. It is also appropriate in a case of this contentious nature that the interpreter be certified to interpret judicial proceedings. T...

Excerpt: ...refore is subject to special restrictions and requirements under Cal. Civ. Proc. Code § 425.16. The Fifth Cause of Action of the SAC is denominated as an action for fraudulent conveyance. The cause of action alleges that the property at issue in this case was conveyed to a third party, Defendant Ofer Dayan, “in order to freeze Basharel out of any ownership interest in the Property.” (SAC ¶ 22(a). The Harpazes argue that the allegations in t...

Excerpt: ... with his initial allegations. Originally, he claimed that he did not know of the letter of intent. Now he alleges that he knew of it, but was told by Mr. Bitton that it was not enforceable. At least on the basis of what is alleged in the FAC, the second cause of action is not on behalf of Mr. Shemesh, but on behalf of Ms. Duak and her trust. Certainly these new allegations are inconsistent and would need to be explained at trial, but they are no...

Excerpt: ... statement. See Cal. R. Ct. 3.1345(a)(5). This aspect of the motion is denied. Mr. Bieber is ordered to pay sanctions in the amount of $2000 to Plaintiffs. ...

Excerpt: ...st the amount of the proposed judgment, $264,230.30 inclusive of interest and attorney's fees. City Lights only contests whether judgment should also be entered against John Miller. Mr. Meyer has clarified that he is not seeking judgment against Mr. Miller. The motion is granted. Mr. Meyer may submit a form of judgment for approval as to form. ...

Excerpt: ...led to allege numerous elements that are required in a quiet title action, including: a legal description of the property, the adverse claims, and the date as to which a determination is sought. More importantly, he acknowledges the existence of a deed of trust, but does not allege that he has satisfied, or has a bona fide dispute regarding, the outstanding debt. In the event that Mr. Cabrera seeks to amend the complaint, the Court will require a...

Excerpt: ... copies available at the office of counsel in San Diego. Plaintiff alleges the offer for production in San Diego violates Code of Civil Procedure section 2031.030, subd. (c)(2) & (3), and it's oppressive. Code of Civil Procedure section 2031.030 states in relevant part: “(c) Each demand in a set shall be separately set forth, identified by number or letter, and shall do all of the following: … (3) Specify a reasonable place for making the ins...

Excerpt: ...s under their apparent name. The FAC has two causes of action against Premier, negligence and breach of contract. Premier demurs to both. With respect to negligence, Premier relies only on the contention that the FAC makes clear that Mr. Rich/Parry's criminal conduct was a superseding cause of Richman's injury. No argument is made as to any other issue. Premier relies upon the single case of Brewer v. Teano (1995) 40 Cal.App.4 th 1024. From that ...

Excerpt: ...after he received the underlying Cohen complaint, he requested a defense from his automobile general liability insurer, Transguard Insurance of American, Inc. (“Transguard”). According to the First Amended Complaint (“FAC”) in this action, Transguard accepted and then later denied coverage. The underlying Cohen Action proved to be without merit, and summary judgment was entered against the Plaintiff in that case. Mr. Pullen now sues Trans...

Excerpt: ...er which Ms. Datta would pay $25,450.10 to Ditech. B of A and Ditech would then reconvey the deed of trust to the home to Ms. Datta and her husband. The money was paid, but the property already been conveyed to a third party through a trustee's sale. The successor of the third party evicted Ms. Datta and her husband. B of A and Ditech seem to be acknowledging the breach of contract, but contending that there can be no damage because they have ful...

Excerpt: ...he Court denies the motion. Evidence indicating that the Gilberts should receive punitive damages has not been filed with this motion. Discovery of Center BMW's two most current balance sheets and profit and loss statements will be allowed in the event that the Gilberts establish their claim their entitlement to punitive damages at trial. The Gilberts also seek to compel production of the original window sticker and bill of lading for the 2013 BM...

Excerpt: ...ate of the eviction. What ensued is a long saga in which Ms. Datta either failed to pick up her property or was improperly frustrated in her efforts to do so. In California, conversion is simply the wrongful exercise of dominion over another's personal property. A wrongful intent is not necessary. Whether the detention of Ms. Datta's personal property was caused by her neglect or the conduct of Boardroom's agents is something that cannot be subje...

Excerpt: ... loan was secured by a deed of trust in property commonly described as 6422 Lindley Ave, Los Angeles, California, in the Reseda area. The property was eventually sold at a foreclosure sale during which Seterus was the servicer of the loan. Mr. Devjani is the purchaser at the foreclosure sale. As far as the Court can tell, Asher's connection to the transaction is not alleged. The Court sustains the Demurrers of Seterus for at least the following r...

Excerpt: ...rounds of privilege, Defendant must produce a privilege log. (Code Civ. Proc., § 2031.240, subd. (c).) The necessity for the remaining document requests is unclear. This is not a complex case that should require more than the normal amount of discovery. US Opps also moves to compel further responses to form interrogatories propounded to Mariyan. The objections to Interrogatories Numbers 1.1, 2.8, 3.1, 3.6, 3.7, 15.1, 17.1, 50.1, 50.2, 50.3, 50.4...

Excerpt: ...employee.” The “fellow employee,” appears to be “her direct supervisor, Mr. Robert Cavenaugh.” Mr. Cavenaugh appears to be a participant in the behavior of which Ms. Flaherty complains. See SAC ¶ 15. She then relates a series of events from which the City could have concluded she had been drinking on the job, which she doesn't specifically deny. At this point, the Court still cannot tell whether Ms. Flaherty was being asked to do anyth...

Excerpt: ...ery fact necessary to establish the cause of action must be pleaded. Susman v. Los Angeles (1969) 269 Cal.App.2d 803, 809. First Cause of Action The Datos' First Cause of Action alleges that Agoura Hills violated a mandatory statutory duty, which can be the basis for liability under Cal. Gov. Code § 815.6, which provides: Where a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a par...

Excerpt: ...udgment is requested. If all are liable for any amount promised to WIC, then the basis for that contention should be established.  WIC is requesting a default judgment in excess of $2 million. Yet it establishes that it has actually paid out a much smaller amount of money. Previously, WIC has only demanded the sum of $640,780.11 from defendants. Even if full credit is given for the allowance of claims in the liquidation proceeding, in the amou...

Excerpt: ...fore resolution of that dispute can occur in this or the related cases. Clearly there is a dispute between the parties, which is about all that is necessary to plead declaratory relief. The pleading also contains the elements of a claim for equitable contribution. While the disputed facts regarding coverage may turn out to be few, there are still issues of fact to be determined in this or the related action. The Court would have to resolve all is...

Excerpt: ...that an Elder Abuse claim cannot be made out against a health care provider based on simple, or even gross, professional negligence. The cases have been less clear, however, on where the line may be drawn on demurrer between what constitutes negligence and what constitutes Elder Abuse. As Plaintiff's counsel points out, Fenimore v. Regents of the University of California (2016) 245 Cal.App.4 th 1339 made that line even less clear because it start...

Excerpt: ...madi is to respond to the interrogatories within 30 days. Defendant Encino Urgent Care ("Encino") moves to compel Mr. Mohammadi to respond to Form Interrogatories Set 2. The motion is granted. Mr. Mohammadi is to respond to the interrogatories within 30 days. Mr. Heikali, Mr. Tabibian and Encino move to compel Mr. Mohammadi to respond to Request for Production Set 2. The motion is granted. Mr. Mohammadi is to respond to the Request for Pr...

Excerpt: ... and the motion is not supported in the manner contemplated by Cal. R. Ct. 3.1324. Nevertheless, the overall effect of the amendment is to drop the claim of breach of contract made in the original complaint. It seems impracticable for the Court to force a party to move forward on a cause of action that it no longer desires to pursue. To the extent that the original pleading constitutes a judicial admission by WAW, it is the Court's view (and no p...

Excerpt: ...ction, Douglas is not alleging a direct cause of action against the trust or Mr. Wallet, only that they are the recipient of a voidable transfer. Seventh Cause of Action Contrary to Mr. Wallet's argument, the First Amended Complaint of Douglas identifies specific property in Exhibit G. ...

Excerpt: ... symptoms. A scan ordered approximately a day and a half later showed a subarachnoid hemorrhage in his brain. He was transferred to the downtown Kaiser Hospital, where surgery was performed. Dr. Campen believes that the delay in performing the surgery caused or contributed to neurological deficits of which Mr. Cohen has complained since the surgery. Kaiser presents its expert testimony from David Barcay, M.D. to the effect that there was no breac...

Excerpt: ...r action for Defamation, Case No. BC 602949. Neither party has provided any illuminating authority on the question of whether a defendant who has prevailed by bringing an anti-SLAPP Motion is a prevailing party thereby entitled to bring a malicious prosecution suit. The Court is of the opinion that it is a favorable termination. An examination of the Code of Civil Procedure shows that the legislature contemplated that a dismissal on an anti-SLAPP...

Excerpt: ...bly lead opposing attorneys to believe that Plaintiffs were continuing to make a property damage claim in this case, specifically related to lost resale value and the damage arising out of an egging incident. In their opposition, however, Plaintiffs state “Plaintiff's claim for property damage related to Bieber's actions was resolved prior to commencing this litigation, and the Schwartzes have not placed the sale, value and/or alleged devaluati...

Excerpt: ......

Excerpt: ...Mr. Schefer to Mr. Schoffman. If there are no issues of fact with respect to this balance, the court will enter judgment in favor of defendant in this amount. If there are issues of fact, then neither party has presented the facts in sufficient detail for the court to resolve them. The motion is denied without prejudice to either party bringing a motion that sets forth the facts in sufficient detail for the Court to reach a result. ...

Excerpt: ...t of amendment. Therefore, a defense judgment seems appropriate at this time. ...

Excerpt: ...e in restating these claims in different ways, but to allow this would circumvent the specific restrictions placed on actions against physicians. The Court is also of the view that doctors can make decisions to limit their practice and to work as “concierge” physicians. They are subject to the same standard of care when they do so, but are not violating the law simply by practicing medicine in this form. Second Cause of Action. <015d017d01760...

Excerpt: ... to answer the interrogatory "using such facts from the case at issue here and such portions of the entire policy as it needs to interpret the phrase and say how it applies or does not apply to C&C in this action.” That is not really what these questions, which do not have reference to specific facts of the case, were asking. Nevertheless, merely stating that the terms are not defined in the policy is not a complete answer. QBE must state wheth...

Excerpt: ...nt to that judgment which are fraudulent as to Mr. Goldberg. Thus, the prior judgment is not dispositive of the matter. The demurrers are overruled. Stelmach will have 20 days to answer. ...

Excerpt: ...for which they are being sued is attributable, at least in part, to the cross-defendant.American Motorcycle Ass'n v. Sup.Ct. (Viking Motorcycle Club) (1978) 20 Cal. 3d 578, 607; Paragon Real Estate Group of San Francisco, Inc. v. Hansen (2009) 178 Cal App 4 th 177, 182. A defendant may seek apportionment of the loss on any theory that was available to the plaintiff and upon which the plaintiff would have been successful. Leko v. Cornerstone B...

Excerpt: ...ained attempts to allege damages in connection with the First Amended Complaint, leave to amend will not be granted. ...

Excerpt: ... knowledge of the Defendant and required by provisions of the Insurance Code. Counsel should be prepared to meet and confer on the date of the hearing. ...

Excerpt: ...ves it is unlikely that the trial will exceed six hours. ...

Excerpt: ...billing $325 per hour to have spent in connection with this motion would be 50 hours. Thus, the Court awards attorneys' fees in the amount of $16,250 pursuant to Cal. Civ. Proc. Code § 425.16(c)(1). ...

Excerpt: ...ified. From the cross‐complaint, she appears to have been <000301c1015a017d000301 018c011e0176019a016f>y been released. The third cause of action does not appear intended for Ms. Krasovich. The demurrers are sustained with 20 days leave to amend. In view of the ruling on the demurrers, the motion to strike is moot. ...

Excerpt: ...fs point out that the “motion to strike” is the equivalent of a demurrer to the 4th and 5 th Causes of Action, and by styling the motion in this way, Ms. Carey has avoided a meet and confer. While the contention is correct, it seems evident that the legal points raised by the motion to strike have already been the subject of demurrers and a related meet and confer process. Because the legal points are outcome determinative for Ms. Carey's inv...

Excerpt: ...t the alleged criminal acts of Defendants Mackay and Cuoco simply by hosting a party at a rented house. Ms. Villamater's' connection with the University, or the general foreseeability of violence at parties involving young people and alcohol, is insufficient to create a special relationship between Mr. Hanouchian and Ms. Villamater. Melton v. Boustred (2010) 183 Cal.App.4 th 521. Even if Ms. Villamater had made a commitment to the University to h...

Excerpt: ...ought Fay's policies and procedures for processing loan modifications during the period when Mr. Rosario <0003019a017d0003016c01 01280128011e018c0003Lopen. The Court orders as follows: Within 20 days, Fay shall produce those documents which constitute its written policies and procedures regarding Trial Payment Plans that were in force during December 2016 and January 2017. The Court notes that Ms. Vonterro White's declaration, submitted in <015d0...

Excerpt: ...t the alleged criminal acts of Defendants Mackay and Cuoco simply by hosting a party at a rented house. Ms. Villamater's' connection with the University, or the general foreseeability of violence at parties involving young people and alcohol, is insufficient to create a special relationship between Mr. Hanouchian and Ms. Villamater. Melton v. Boustred (2010) 183 Cal.App.4 th 521. Even if Ms. Villamater had made a commitment to the University to h...

Excerpt: ...§ 2030.220. The response may be limited to licenses issued applicable to the operations at the Van Nuys Airport and in effect at the time of the incident. Interrogatory No. 12.7. Castle and Cook should provide a further response in compliance with Cal. Civ. Proc. Code § 2030.220. The response may be limited to inspections specifically relating to the subject incident. Sanctions in the amount of $1,000 are payable by Castle & Cooke to WindAirWes...

Excerpt: ...f in this action. This action was eventually dismissed with prejudice by the Court as the result of the failure to prosecute the action, and the injunction was thereby dissolved. The Undertaking was filed by Suretec for the Injunction as provided in Cal. Civ. Proc. Code §529. Under that section, such an undertaking requires the surety to “pay to the party enjoined any damages, not exceeding an amount to be specified, the party may sustain by r...

Excerpt: ...pecific demurrers to the 9 th, 11 th, 12 th, 13 th and 14 th Causes of Action, and a motion to strike the punitive damage allegations. The Court rules as follows: 1st through 6 th Causes of Action Identical grounds are stated for all of these causes of action. Generally, many of the demurrers are based upon the allegation in the original complaint that Mr. Wittmeyer was proceeding as the assignee of MB Delaware. Defendants contend that because MB...