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 Hershberg then recorded two notices of default, one of which he later rescinded.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 Then he allegedly rescinded these reconveyances.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: ...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: ... 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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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...