Excerpt: ... Decl. ¶¶ 27-28.) Hamid Reisi, now a member of several of the plaintiff LLCs, purchased the property on 01/08/07. (Reisi Decl. ¶ 29.) He subsequently executed a series of grant deeds transferring title to the property to the various defendants. (See Reisi Decl. ¶¶ 30-35.) Plaintiffs now seek to quiet title as of 11/27/17, as that is the date that the title to the Property was transferred to them. (Reisi Decl. ¶ 36.) On 12/28/17, plaintiffs ...

Excerpt: ... against defendant for: (1) breach of contract; (2) declaratory relief; (3) restitution; (4) fraud – deceit; (5) unfair business practices; and (6) common counts. Plaintiff alleges that it consigned certain pieces of memorabilia to defendant for examination and inspection purposes only but that defendant wrongly sold the items at auction for far less than their actual value. ANALYSIS: "A written agreement to submit to arbitration an existing co...

Excerpt: ...f with LASD for over 30 years. The claims arise out of allegations that others within LASD were spreading rumors about plaintiff and another member of the Sheriff's department. Plaintiff alleges that the rumors were being spread for the purpose of destroying his career and that his family was subjected to harassment related to the rumors. Plaintiff filed a report to the Los Angeles County District Attorney's Office alleging potential criminal mis...

Excerpt: ... Code of Civil Procedure section 526a. ANALYSIS: Defendants demur to the complaint on the ground that it fails to state facts sufficient to constitute a cause of action. (See Notice of Demurrer, p. 1:27-28.) Specifically, defendants argue that plaintiff's single cause of action fails as a matter of law because “(1) section 526a cannot be used against a government entity for engaging in legal activity . . . ; and (2) section 526a does not apply ...

Excerpt: ...Sales Finance Act; (3) Violation of the Song-Beverly Consumer Warranty Act; (4) Breach of Contract; (5) unfair business practices; (6) fraud and deceit; (7) negligent misrepresentation; and (8) violation of California Vehicle Code section 11711. ANALYSIS: Plaintiffs seek to enforce the section 998 settlement that they entered into with defendant US Credit Corp, dba Car Search USA. On 12/07/17, plaintiffs timely accepted defendant's Code of Civil ...

Excerpt: ...sanctions. (See Minute Order, 12/18/2017.) On November 21, 2017, December 1, 2017, and December 18, 2017, the Court noted that it was “increasingly . . . concerned about plaintiffs' lack of response and the quality of the representation that plaintiffs are receiving in this wrongful death case.” Today the Court is granting Defendant Cedars-Sinai's Motion for Summary Judgment. This Motion for Summary Judgment has not been opposed. The Court's ...

Excerpt: ... for sanctions is DENIED. Plaintiff's request for judicial notice that “The flu typically lasts one to two weeks with the most severe symptoms lasting two to three days” is DENIED. First, there is no authority presented for this supposed “fact.” Second, such a “fact” is not a proper subject of judicial notice. Plaintiff's objections to Evidence Nos. 1 and 2 are OVERRULED. BACKGROUND: Plaintiff commenced this action on 05/18/16. On 08/...

Excerpt: ...estor rights agreement); (3) breach of contract (master services agreement); (4) breach of contract (marketing agreement); (5) breach of fiduciary duty; (6) civil conspiracy; (7) conversion; (8) breach of the implied covenant of good faith and fair dealing; (9) unjust enrichment; (10) violation of Business & Professions Code section 17200; and (11) declaratory relief. On 12/28/17, Cross-Complainant DB Coworking Holdings Corp filed a Cross-Complai...

Excerpt: ...te answer or a meritless or overly general objection in response to an interrogatory. (Code Civ. Proc., § 2030.300(a).) A motion to compel further responses to interrogatories lies where the party to whom the interrogatories were directed gave responses deemed improper by the propounding party; e.g., objections, or evasive or incomplete answers. (Code Civ. Proc., § 2030.300.) The moving party must also include reasons why further answers should...

Excerpt: ... Defendant moves the Court for an order “granting a prior separate trial on liability for breach of contract before trial on other causes of action and damages issues [in] this action.” (Notice of Motion, p. 1:26-2:1.) Defendant also seeks an order prohibiting the admission of evidence of defendant's profits or financial condition until after verdict pursuant to Civil Code § 3295(d). (Id. at p. 2:5- 8.) A court, in furtherance of convenience...

Excerpt: ...day. Plaintiff has also failed to oppose today's demurrer. The Court recognizes that plaintiff is suing in pro per, and that to the pro per litigant, “interrogatories, requests for admissions, law and motion proceedings, and the like” are “baffling devices.” (Bruno v. Superior Court (1990) 219 Cal.App.3d 1359, 1363, quoting Burley v. Stein (1974) 40 Cal.App.3d 752, 755, fn. 3.) This Court also agrees that “providing access to justice fo...

Excerpt: ... relief. ANALYSIS: Plaintiff seeks leave to file a First Amended Complaint which adds new causes of action “to prove or establish document or instrument” and to “compel execution of duplicate of lost or destroyed private written instrument or document” pursuant to Civil Code section 3415. Under California Rules of Court rule 3.1324(a): (a) A motion to amend a pleading before trial must: [¶] (1) Include a copy of the proposed amendment or...

Excerpt: ...edure section 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362. To comply with rule 3.1362, the moving party must submit the following forms: (1) Notice of Motion and Motion to be Relieved as Counsel; (2) Declaration in Support of Attorney's Motion to be Relieved as Counsel; and (3) Order Granting Attorney's Motion to be Relieved as Counsel. (Cal. Rules of Court, rule 3.1362(a), (c), (e).) The moving party must ...

Excerpt: ...duce further, responsive answers to Form Interrogatories 2.5, 2.6, 2.8, 12.1, 12.2, 12.3, 12.6, and 14.1. 2. The motion to compel further responses from Size, LLC is GRANTED in part and DENIED in part. Defendant is ordered to produce all documents responsive to Requests for Production numbers 42, 46, and 49 as well as to produce answers to Form Interrogatories 12.1-12.3, 12.6, and 14.1. 3. The motion to compel further responses from Size Records ...

Excerpt: ...37. (Judgment of 02/01/18.) The Court also awarded plaintiff its costs of suit and attorney fees to be determined by way of subsequent motion. (Ibid.) ANALYSIS: Plaintiff moves for an order awarding them their attorney's fees in the total amount of $16,089.50 and costs in the amount of $662.25. (Notice of Motion, p. 2:5-6; Memorandum of Costs.) Attorney Fees "[A]s a general rule, attorney fees are not recoverable as costs unless they are authoriz...

Excerpt: ... GRANTED in part and DENIED in part. Defendant is ordered to produce all documents responsive to Requests for Production numbers 41, 45, and 53 as well as to produce answers to Form Interrogatories 12.1-12.3, 12.6, and 14.1. 3. The motion to compel further responses from Rebels Productions, LLC is GRANTED in part and DENIED in part. Defendant is ordered to produce all documents responsive to Requests for Production numbers 193-195, 207, 211, 212,...

Excerpt: ...performance for breach of contract; (2) breach of implied covenants; (3) quiet title; (4) slander on title; (5) intentional interference with contractual relations; (6) unfair business practices; (7) defamation; (8) intentional infliction of emotional distress; (9) injunctive relief; and (10) declaratory relief. Coyle filed a Cross-Complaint on 8/31/17. Coyle filed a First Amended Cross Complaint on 12/22/17 against Cross-Defendants Jeremy Tarr, ...

Excerpt: ...ved supplemental responses pursuant to an agreement reached by the parties after they engaged in a court-ordered meet and confer on 01/31/18. (See Opposition, p. 1:6-14.) Nadeau does not seem to dispute this assertion; in fact, it is confirmed in the Joint Status Report re: Discovery that the parties filed on 02/06/18. Requiring the Court and its staff to analyze motions that are already moot does not advance the administration of justice. BACKGR...

Excerpt: ...(5) promissory fraud. Julian filed a cross-complaint on 9/8/16 against plaintiff and Ori Hofmekler. Julian filed a first amended cross-complaint on 11/14/16 against plaintiff, Hofmekler, Eagle Mist Corporation, and Sapphire for: (1) breach of contract; (2) breach of contract; (3) specific performance; (4) damages for rejection of defective goods; (5) rescission; (6) negligence; (7) equitable indemnity; (8) breach of warranty; (9) unfair business ...

Excerpt: ...r: (1) breach of partnership agreement; (2) promissory fraud; (3) promissory fraud; (4) breach of fiduciary duty; (5) failure to pay wages; (6) breach of oral contract; (7) negligence/failure to reimburse expenses; (8) unfair business practices; (9) quantum meruit; (10) declaratory relief; and (11) fraudulent conveyance ANALYSIS: Plaintiff seeks an order compelling the depositions of Size, LLC's person most qualified, Rebels Productions, LLC's pe...

Excerpt: ...D-F are already in the court's file, and hence judicial notice is not needed for these documents. BACKGROUND: Plaintiffs commenced this action on 9/8/17 against defendant seeking declaratory and injunctive relief for Constitutional and Legal Violation. Plaintiffs allege that the “Build Better LA” law adopted by ballot measure in November 2016 violates both the U.S. Constitution and the constitution of California by discriminating against non-...

Excerpt: ...is Court the time and expense of writing and deciding this motion. If plaintiffs disagreed, the Court would have expected an opposition. BACKGROUND: Plaintiffs commenced this action on 02/17/17. Plaintiff filed a first amended complaint on 10/02/17 against defendant for: (1) violations of California Labor Code §§ 1182.12 and 1197; (2) Violations of California Labor Code §§ 201, 202, and 203; and (3) declaratory relief. Plaintiffs allege that ...

Excerpt: ... of action. The Court declines to rule on the 137 evidentiary objections submitted by Plaintiff because it did not find the objections necessary or relevant to its decision on this motion. (CCP § 437c(q).) PRELIMINARY COMMENTS: The Court wishes to thank plaintiff's counsel for supplying a hyper-linked thumb drive, as requested in the Court's Trial Orders. (See Dept. 34's Trial Order, §VII(A).) BACKGROUND: Plaintiff commenced this action on 04/2...

Excerpt: ...lations of the Insurance Frauds Prevention Act (Insurance Code section 1871.7) The complaint alleges that defendants have committed fraud by submitting insurance claims for 3D MRI scans that were not actually performed. ANALYSIS: Demurrer Defendants demur to the complaint on the ground that the first cause of action fails to state facts sufficient to maintain a cause of action against each of the defendants and that the first cause of action is u...

Excerpt: ...n; (5) negligent infliction of emotional distress; and (6) intentional infliction of emotional distress. ANALYSIS: Defendants move for an order imposing both monetary and terminating sanctions upon plaintiff for failing to attend a scheduled deposition on at least ten separate occasions. Code of Civil Procedure section 2023.030 gives the court the discretion to impose sanctions against anyone engaging in a misuse of the discovery process. A court...

Excerpt: ...18 setting this matter for a bench trial on 10/09/18. In their Complaint, plaintiffs demanded a jury trial. (Complaint, p. 21:9.) At least one of the defendants, One Life Acupuncture, also requested a jury trial in its Case Management Statement. (Sokolove Decl., ¶ 5, Exh. D.) However, in their own Case Management Statement, plaintiffs checked the box requesting “a nonjury trial.” (See Case Management Statement of 01/17/18.) The Court then se...

Excerpt: ...ence. Defendant filed a chapter 11 bankruptcy on or around April 18, 2016 in the US Bankruptcy Court for the District of Delaware. Defendant filed notices of bankruptcy stay in this case on 05/13/16 and 05/18/16. Plaintiff moved for relief from the stay on 10/17/16 and the motion was granted by the Bankruptcy Court on 11/07/16. (See Report on Bankruptcy, 11/29/16.) On 01/11/18, this Court partially granted defendant's motion to strike and ordered...

Excerpt: ...: "A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract." (Cal. Code of Civ. Proc, §1281.) Section 1281.2 of the Code of Civil Procedure states in pertinent part: On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and ...

Excerpt: ...16 against defendants for: (1) breach of express warranty; (2) breach of implied warranty; and (3) fraudulent inducement. On October 3, 2017, the parties settled the dispute. Defendant agreed to pay plaintiff $77,025.88, which included a “buy-back” of the defective vehicle, incidental and consequential damages. PRELIMINARY COMMENTS Defendants' Opposition was untimely filed on 02/22/18. “All papers opposing a motion so noticed shall be filed...

Excerpt: ...ff commenced this action on 1/26/17 against defendants for: (1) breach of duties under Corporations Code sections 17701.10 and 17702.09; (2) violation of Trade Secrets Act; and (3) unfair competition. Plaintiff and defendants are members of Tatsu Ramen LLC. Plaintiff alleges that defendants divulged confidential information of Tatsu to competitors as part of a secret consulting business. Isobe filed a cross-complaint on 4/26/17. Isobe filed a fir...

Excerpt: ...h of the prayer for relief, from the Third Amended Cross-Complaint. PRELIMINARY COMMENT: This demurrer is unopposed;the Court finds such silence to be troubling. If Isobe believed that the demurrer should be overruled, he should have filed an opposition. If Isobe agreed that the cross- complaint needed to be amended, he should have agreed when meeting-and-conferring with Khoe to amend the cross- complaint. Had he done so, the court and its staff ...

Excerpt: ...18, the Court found that this case was related to another case, Honda Trading America Corp. v. Ehrlich et al. (BC664245). (See Minute Order of 01/24/18). ANALYSIS: Effective 1/1/16, Code of Civil Procedure section 430.41 provides, in relevant part: (a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purp...

Excerpt: ...t Defendants Cedric White and County of Los Angeles Probation Department for: (1) retaliation; (2) discrimination based on sex; (3) harassment based on sex; and (4) failure to prevent discrimination and harassment. On 10/6/17, a jury found in favor of Plaintiff on her causes of action for retaliation and failure to prevent discrimination and harassment against the County of Los Angeles and awarded $62,127.20. The Court determined that Plaintiff �...

Excerpt: ...; (3) breach of the implied warranty of merchantability; and (4) violation of the Magnuson-Moss Warranty Act. ANALYSIS: Plaintiff seeks an order compelling the deposition of defendant's persons most knowledgeable and for production of documents at the deposition. "If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed wi...

Excerpt: ...ced this action on 08/29/17 against defendants for violations of the Insurance Fraud Prevention Act. The Complaint was filed in camera and under seal. ANALYSIS: Defendant Avee Laboratories, Inc. requests to admit James R.P. Hileman, Elizabeth S. Hess, Rachel B. Haig, and Andrew A. Kassof to appear as counsel pro hac vice on its behalf. Under California Rules of Court, rule 9.40(a), [a] person who is not a member of the State Bar of California but...

Excerpt: ...al interference with contractual relations; (6) unfair business practices; (7) defamation; (8) intentional infliction of emotional distress; (9) injunctive relief; and (10) declaratory relief. Coyle filed a Cross-Complaint on 8/31/17. Coyle filed a First Amended Cross Complaint on 12/22/17 against Cross-Defendants Jeremy Tarr, Holly Rogers, Dale Tarr, Robert Day, and Coldwell Banker for: (1) elder abuse; (2) negligence; (3) fraud/concealment; (4)...

Excerpt: ..., Inc. Resp. Party: Plaintiff Nathan Klipfel The demurrer is OVERRULED. BACKGROUND: Plaintiff commenced this PAGA action on 6/19/17 against Defendants alleging that Defendants engaged in systematic and widespread violations of the Labor Code. Plaintiff filed his First Amended Complaint on 11/09/17. On February 2, 2018, the demurrer by the individual defendants to the First Amended Complaint was overruled. ANALYSIS: Defendants demur to the First A...

Excerpt: ...omplaint which will eliminate the first and third cause of action and replace them with statutory claims in order to comply with a recent decision of the Supreme Court of California. (See Motion, p. 3:20-24.) Under California Rules of Court rule 3.1324(a): (a) A motion to amend a pleading before trial must: [¶] (1) Include a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous plea...

Excerpt: .... To comply with rule 3.1362, the moving party must submit the following forms: (1) Notice of Motion and Motion to be Relieved as Counsel; (2) Declaration in Support of Attorney's Motion to be Relieved as Counsel; and (3) Order Granting Attorney's Motion to be Relieved as Counsel. (Cal. Rules of Court, rule 3.1362(a), (c), (e).) The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case....

Excerpt: ...arrington, Seth Ottensoser, and Stephanie M. Beige to appear as counsel pro hac vice on his behalf. Under California Rules of Court, rule 9.40(a), [a] person who is not a member of the State Bar of California but who is a member in good standing of and eligible to practice before the bar of any United States court or the highest court in any state, territory, or insular possession of the IJnited States, and Who has been retained to appear in a pa...

Excerpt: ... pertains to defects in a vehicle purchased by Plaintiff and manufactured by Defendant. ANALYSIS: Defendant demurs to Plaintiff's third cause of action for fraud on the grounds that Plaintiff fails to state facts sufficient to constitute a cause of action, that it is uncertain, and that it violates the Economic Loss Rule. “‘[T]he elements of an action for fraud and deceit based on concealment are: (1) the defendant must have concealed or supp...

Excerpt: ...liation for requests for accommodation and complaints of disability discrimination in violation of the FEHA; (5) harassment based on national origin in violation of the FEHA; (6) discrimination based on national origin in violation of the FEHA; (7) failure to prevent harassment, discrimination, or retaliation in violation of the FEHA; and (8) wrongful termination in violation of public policy. On 07/31/17, the parties requested, and the Court gra...

Excerpt: ...) quiet title; (4) breach of contract and breach of fiduciary duty; (5) fraud; and (6) violation of Business and Professions Code section 17200. The actions pertain to plaintiff's agreement with Sunrise to secure refinancing of loans plaintiff had with other lenders. The trial was held in two phases. On 8/7/17, the Court found that plaintiff's cause of action for breach of oral contract was barred by the statute of limitations and that neither eq...

Excerpt: ...; (2) common counts; (3) negligence; (4) strict products liability; (5) breach of implied warranty; and (6) restitution. ANALYSIS: Defendant Marlite, Inc. demurs to the third, fourth, fifth, and sixth causes of action in plaintiff's First Amended Complaint (“FAC”) on the grounds that each fails to state facts sufficient to constitute a cause of action. Additionally, defendant demurs to the fifth cause of action for breach of implied warranty ...

Excerpt: ...r for: (1) breach of contract; (2) goods sold and delivered; (3) account stated; (4) open book account; and (5) promissory fraud. Julian filed a cross-complaint on 9/8/16 against plaintiff and Ori Hofmekler. Julian filed a first amended cross-complaint on 11/14/16 against plaintiff, Hofmekler, Eagle Mist Corporation, and Sapphire for: (1) breach of contract; (2) breach of contract; (3) specific performance; (4) damages for rejection of defective ...

Excerpt: ...tion; (5) negligent infliction of emotional distress; and (6) intentional infliction of emotional distress. ANALYSIS: Defendants move for an order imposing both monetary and terminating sanctions upon plaintiff for failing to attend a scheduled deposition on at least ten separate occasions. Code of Civil Procedure section 2023.030 gives the court the discretion to impose sanctions against anyone engaging in a misuse of the discovery process. A co...

Excerpt: ...ise; (3) negligent misrepresentation; and (4) fraudulent transfer. Plaintiff is a forensic accounting firm that performed work in connection with an unrelated litigation matter. Plaintiff was not paid by their client, Laura Bell, for their work in that case. Plaintiff now alleges that Bell conspired with the Defendants in this action to conceal her money in an effort to avoid paying for the services. ANALYSIS: Effective 1/1/16, Code of Civil Proc...

Excerpt: ... the discovery on December 5, 2017. Apparently defense counsel did not receive the responses because on December 13, 2017, defense counsel emailed plaintiff's counsel inquiring about the lack of responses. Plaintiff's counsel apparently did not respond to the email. (Keane Declaration, ¶¶ 6, 7.) These motions were not filed until January 9, 2018. Had plaintiff's counsel simply responded to the email, this motion would have been unnecessary. BAC...

Excerpt: ... are scheduled to be heard by the Court during the next week. Defendant accuses plaintiff of simply cutting-and-pasting the same motion to compel five times, and seeks sanctions against plaintiff. Defendant is correct – plaintiff has basically filed the same motion five times against each of five defendants. But defendants have also cut-and-pasted virtually identical oppositions to all five motions. In fact, in defendants' cut-and-paste, defens...

Excerpt: ...ice to defendants despite the fact that they are entitled to arbitration. The court would be interested in hearing from the parties regarding this issue. BACKGROUND: Plaintiff commenced this action on 12/08/17 against defendants for: (1) promissory estoppel; (2) breach of oral contract; and (3) quantum meruit. This action concerns an attorney fee dispute. Plaintiff represented non-party Beulah Deitch in a financial elder abuse case concerning Mrs...

Excerpt: ...eved that the demurrer should be overruled, she should have filed an opposition. If plaintiff agreed that the complaint needed to be amended, counsel should have agreed when meeting-and- conferring with defendants to amend the complaint or file a first amended complaint. Had she done so, the court and its staff would not have had to spend the time analyzing a demurrer to a complaint that even plaintiffs agrees must be amended. Although the court ...

Excerpt: ... of contract; (2) promissory estoppel; (3) breach of good faith and fair dealing; (4) misrepresentation; (5) negligent misrepresentation; (6) quiet title; and (7) declaratory relief. On 06/13/16 defendants filed a Cross-Complaint against plaintiffs for: (1) breach of contract; (2) slander of title; (3) cancellation of cloud on title; (4) accounting; (5) disgorgement; (6) breach of contract; (7) slander of title; (8) cancellation of cloud on title...

Excerpt: ...crets Act; and (3) unfair competition. Plaintiff and defendants are members of Tatsu Ramen LLC. Plaintiff alleges that defendants divulged confidential information of Tatsu to competitors as part of a secret consulting business. Defendant Tatsunori Yanagi filed a Cross-Complaint against Tom Nadeau and Tatsu Ramen, LLC on 8/18/17 for: (1) breach of contract; (2) unpaid wages; (3) liquidated damages for failure to pay minimum wages; (4) waiting tim...

Excerpt: ...t of five motions to compel discovery that are scheduled to be heard by the Court during the next week. The Court orders counsel to meet-and-confer and report to the Court whether the other four motions are still necessary. Defendant accuses plaintiff of simply cutting-and-pasting the same motion to compel five times, and seeks sanctions against plaintiff. Defendant is correct – plaintiff has basically filed the same motion five times against e...

Excerpt: ...ve motions to compel discovery that are scheduled to be heard by the Court during the next week. The Court orders counsel to meet-and-confer and report to the Court whether the other four motions are still necessary. BACKGROUND: Plaintiffs commenced this action on 6/29/17 against defendants for: (1) retaliation (Labor Code section 1102.5); (2) retaliation (Labor Code section 98.6); (3) violation of Bane Act; (4) violation of Government Code secti...

Excerpt: ... case with the Court retaining jurisdiction pursuant to Code of Civil Procedure section 664.6. ANALYSIS: Plaintiff seeks to enforce a settlement entered into between them and defendant Mance Media, LLC. Plaintiff brings this motion pursuant to Code of Civil Procedure section 664.6, which provides: If the parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for se...

Excerpt: ... summary adjudication as to the first, second, fourth, sixth, seventh, and eighth causes of action. The Court GRANTS the motion for summary adjudication as to the third and fifth causes of action. The Court DENIES summary adjudication on the issue of punitive damages. Plaintiff's Evidentiary Objections Nos. 1-55 are OVERRULED. PRELIMINARY COMMENTS: Plaintiff's opposition, pp. 5-11 is entitled “Facts.” (Opposition, pp. 5:25 – p. 11:17.) The ...

Excerpt: ...he grandson of Leon Bridges, who is now approximately 85 years old, and Marilyn Bridges, who passed away in 2013. Defendant Debra Ashby is Leon and Marilyn Bridge's daughter and is plaintiff's aunt. Plaintiffs allege that after Marilyn Bridge's death, defendant filed criminal homicide complaints against them and later reported plaintiff's to numerous law enforcement agencies for kidnapping Leon Bridges. Plaintiffs also allege that defendant has p...

Excerpt: ...ility; and (4) breach of obligation to supply sufficient replacement parts and literature. This demurrer is an example of an all-too-common practice in the Superior Court — that of counsel routinely filing a demurrer that could not possibly dispose of the case nor advance their party's interests. This usually happens when defense counsel is demurring to a complaint, which, while perfectly intelligible, contains some technical deficiencies. More...

Excerpt: ...) breach of contract; (2) promissory fraud; (3) promissory estoppel; (4) quantum meruit; and (5) declaratory relief. ANALYSIS: Defendant requests to admit Jason R. Outlaw and John L. Latham to appear as counsel pro hac vice on his behalf. Under California Rules of Court, rule 9.40(a), [a] person who is not a member of the State Bar of California but who is a member in good standing of and eligible to practice before the bar of any United States c...

Excerpt: ...s entirety on the ground that the first cause of action for Private Attorney General Act violations fails to state sufficient facts to sustain a cause of action. Plaintiff brought this action as a Private Attorney General Action pursuant to Code of Civil Procedure section 2698 et seq on behalf of himself and other current and former employees of defendants. (FAC ¶ 127.) The complaint alleges violations of Labor Code sections §§ 201, 202, 203, ...

Excerpt: ...MINARY COMMNETS: Since the time this motion was filed, the trial date has been changed from February 26, 2018 to June 25, 2018 and finally to August 6, 2018. Due to the continued time before trial, the Court does not believe that the ruling today granting relief from waiver of privilege will prejudice plaintiff. BACKGROUND: Plaintiff commenced this action on 9/10/12 against defendant for retaliation (FEHA). On 4/7/14, the Court granted defendant'...

Excerpt: ...; (3) breach of the implied warranty of merchantability; and (4) violation of the Magnuson-Moss Warranty Act. ANALYSIS: Plaintiff seeks an order compelling the deposition of defendant's persons most knowledgeable and for production of documents at the deposition. "If, after service of a deposition notice, a party to the action . . . , without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed wi...

Excerpt: ...d the act by selling certain antacid products which expose consumers to cadmium without providing a clear and reasonable warning. Plaintiff now seeks leave to file a Second Amended Complaint. ANALYSIS: Plaintiff seeks leave to file a Second Amended Complaint which adds the allegations contained in three 60-day Notices of Intent to Sue that plaintiff served on various manufacturers of the antacids on 09/27/17. Under California Rules of Court rule ...

Excerpt: ...both trials, an imposter appeared and claimed to be Burdette. On both occasions, the Judges declined to act on plaintiff's claims that the defendant was an imposter. ANALYSIS: Plaintiff argues that she has been defamed by both defendants because they declined to take action based on her claims that an imposter had appeared in the place of the defendant. (See Complaint, p. 4.) At the trial on June 15, 2017, defendant Judge Frank allegedly told pla...

Excerpt: ...missal of the case was set for July 19, 2016 in Dept. 25. On July 19, 2016, Defendant Muhammad requested that the OSC be continued until October 11, 2016 so that defendant could determine whether he wished to file a motion. The Court granted Defendant Muhammad's request and continued the OSC re Dismissal to October 11, 2016 in Dept. 25. On August 9, 2016, the case was dismissed with prejudice. Also on August 9, 2016, the OSC re Dismissal, that ha...

Excerpt: ...t days before the hearing. . . .However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California.” (Code Civ. Proc. § 1005, subd. (b). Plaintiff served the instant motion by mail on 01/05/18 and the hearing is scheduled for 02/01/18. Taking into account a court holiday, 01/09/18 was 16 co...

Excerpt: ...t for: (1) breach of written contract; (2) negligence; (3) negligent infliction of emotional distress; (4) intentional infliction of emotional distress; (5) breach of duty of disclosure; (6) fraudulent concealment; (7) constructive eviction; (8) unjust enrichment; and (9) breach of the implied warranty of habitability. The action pertains to defendant's alleged failure, as landlords, to maintain a safe and habitable premises and to remedy substan...

Excerpt: ...sel have previously litigated numerous Lemon Law cases, and have previously negotiated protective orders. Plaintiff has not opposed this motion. Therefore, the Court can only assume that plaintiff does not oppose the motion. In that case, the Court wonders why plaintiff did not simply agree to the proposed protective order. Such professional cooperation would have saved defense several thousand dollars in attorney's fees and would have saved the ...

Excerpt: ... action. Plaintiffs have withdrawn their second cause of action. BACKGROUND: Plaintiffs commenced this action on 04/24/17. On 10/30/17, plaintiffs filed their First Amended Complaint against defendants for: (1) conversion; (2) breach of constructive trust; (3) negligence (against Wells Fargo); (4) negligence (against Fidelity National Title Company, Caliber Home Loans, Keller Williams Realty, Inc. and DTLA Real Estate, Inc.; (5) negligence (again...

Excerpt: ... meal periods; (3) failure to provide rest periods; (4) waiting time penalties; (5) failure to provide accurate itemized wage statements; (6) unfair business practices. ANALYSIS: An attorney moving to be relieved as counsel under California Code of Civil Procedure section 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362. To comply with rule 3.1362, the moving party must submit the following forms: (1) Notice of ...

Excerpt: ...ndants for: (1) failure to pay wages; (2) failure to pay minimum wage; (3) failure to pay overtime compensation; (4) failure to provide rest period breaks; (5) failure to pay split shift premium; (6) failure to provide itemized wage statements; (7) failure to provide employment records; (8) violation of Business and Professions Code § 17200; (9) failure to pay termination pay; and (10) conversion. ANALYSIS: Defendant moves to compel plaintiff to...

Excerpt: ...uiet title; (4) breach of contract and breach of fiduciary duty; (5) fraud; and (6) violation of Business and Professions Code section 17200. The actions pertain to plaintiff's agreement with Sunrise to secure refinancing of loans plaintiff had with other lenders. The trial was held in two phases. On 8/7/17, the Court found that plaintiff's cause of action for breach of oral contract was barred by the statute of limitations and that neither equit...

Excerpt: ...ndants for: (1) failure to pay wages; (2) failure to pay minimum wage; (3) failure to pay overtime compensation; (4) failure to provide rest period breaks; (5) failure to pay split shift premium; (6) failure to provide itemized wage statements; (7) failure to provide employment records; (8) violation of Business and Professions Code § 17200; (9) failure to pay termination pay; and (10) conversion. ANALYSIS: Defendant moves to compel plaintiff to...

Excerpt: ...ice of Settlement was filed on 8/4/17 and the Court dismissed the case on 10/10/17. ANALYSIS: Defendant moves to strike plaintiff's memorandum of costs on the ground that it is untimely. In the alternative, defendant moves pursuant to Code of Civil Procedure section 1033.5 to tax items 4, 8, 12, and 13 from plaintiff's memorandum of costs. Timeliness After judgment is entered, the prevailing party “who claims costs must serve and file a memoran...

Excerpt: ...16 against defendants for: (1) breach of written contract; (2) intentional interference with prospective economic advantage; (3) negligent interference with prospective economic advantage; (4) intentional misrepresentation; and (5) quantum meruit. After a Court Trial on 09/20/17, the Court entered judgment in favor of plaintiff in the amount of $304,000.00 (See Judgment of 10/24/17.) The Judgment provides that plaintiff may recover attorney fees ...

Excerpt: ...efendants for: (1) conversion; (2) breach of constructive trust; (3) negligence (against Wells Fargo); (4) negligence (against Fidelity National Title Company, Caliber Home Loans, Keller Williams Realty, Inc. and DTLA Real Estate, Inc.; (5) negligence (against Bank of America); (6) conversion; and (7) fraud. ANALYSIS: Effective 1/1/16, Code of Civil Procedure section 430.41 provides, in relevant part: (a) Before filing a demurrer pursuant to this...

Excerpt: ...(3) open book account; and (4) goods sold and delivered. Defendant filed a cross-complaint 05/09/16 and then filed a first amended cross-complaint on 08/10/16 against plaintiff for: (1) breach of contract; and (2) breach of the covenant of good faith and fair dealing. ANALYSIS: An attorney moving to be relieved as counsel under California Code of Civil Procedure section 284(2) must meet the requirements set out in California Rules of Court, rule ...

Excerpt: ...to act as the prime contractor on a construction project. Plaintiff alleges that defendant has failed to pay plaintiff for its services rendered under the contract. PRELIMINARY COMMENTS: This is the second attempt by plaintiff to have the Court stay these proceedings and order arbitration. On October 11, 2017 – the same day it filed this lawsuit – plaintiff filed an application to stay the proceedings. In violation of the California Rules of ...

Excerpt: ...l act[] of the legislative, executive, and judicial department” of the State. (Evid. Code § 452, subd. (d).) However, the document submitted by plaintiffs is irrelevant to the instant action. In fact, it is not even referred to in Plaintiff's Memorandum of Points and Authorities. The Court can only conclude that it was submitted purely for its prejudicial value, and would caution defense counsel about the submission of irrelevant materials in ...

Excerpt: ...On 08/11/17, plaintiff filed a notice of related cases. On 10/12/17, this Court concluded that the instant action is related to two others: Boswell Construction Inc. v. Condren(BC666058) and Calportland Company dba Catalina Pacific Concrete v. Condren(17STLC02569). Default was entered in the instant action against defendant Colin Condren on 10/12/17. ANALYSIS: Defendant moves the Court to set aside the default entered against him on 10/12/17 purs...

Excerpt: ...tured by defendants and that the vehicle was defective. The parties reached a settlement and the Court dismissed the cases pursuant to Code of Civil Procedures section 664.6 on 10/30/17. ANALYSIS: Plaintiff moves for an order awarding them their attorney's fees in the amount of $86,182.50 and costs in the amount of $5,303.83. Attorney Fees Costs and expenses, including attorney's fees, may be recovered by a prevailing buyer under the Song-Beverly...

Excerpt: ...Corporations Code sections 17701.10 and 17702.09; (2) violation of Trade Secrets Act; and (3) unfair competition. Plaintiff and defendants are members of Tatsu Ramen LLC. Plaintiff alleges that defendants divulged confidential information of Tatsu to competitors as part of a secret consulting business. Defendant Tatsunori Yanagi filed a Cross-Complaint against Tom Nadeau and Tatsu Ramen, LLC on 8/18/17 for: (1) breach of contract; (2) unpaid wage...

Excerpt: ... her son, decedent Olivia Ortiz-Garcia began to experience symptoms consistent with a stroke. (FAC ¶¶ 16–18.) Olivia received surgical treatment but nevertheless fell into a coma and passed away over a year later. (Id. at ¶¶ 19–22.) Amongst the defendants in this action are the doctors, nurses, and other medical professionals who allegedly failed to provide Olivia with adequate, life-saving treatment. Moving defendant, Homa Karimi, M.D. w...

Excerpt: ...riminal conspiracy to arrest him for crimes that he did not commit and listed 20 causes of action without further allegations. The Court sustained defendant's demurrer and granted leave for plaintiff to file a First Amended Complaint. Plaintiff filed his first amended complaint on 11/13/17. Plaintiff subsequently filed three additional documents, all entitled “First Amended Complaint,” on 11/17/17, 11/20/17, and 12/01/17. ANALYSIS: Demurrer D...

Excerpt: ...laratory relief. Plaintiff alleges that on 3/3/08 it had a written contract of insurance with defendant which provided for insurance of plaintiff's business, including for indemnity and defense of claims against plaintiff. (Compl., ¶ 8.) The policy coverage period was from 3/3/08 through 3/3/09. (Ibid.) In 2014, claims were filed against plaintiff that were insurable and covered claims under the insurance contract which related to alleged conduc...

Excerpt: ...riminal conspiracy to arrest him for crimes that he did not commit and listed 20 causes of action without further allegations. The Court sustained defendant's demurrer and granted leave for plaintiff to file a First Amended Complaint. Plaintiff filed his first amended complaint on 11/13/17. Plaintiff subsequently filed three additional documents, all entitled “First Amended Complaint,” on 11/17/17, 11/20/17, and 12/01/17. ANALYSIS: Demurrer D...

Excerpt: ...nt based on marital status; (6) retaliation; (7) failure to prevent discrimination, harassment, and retaliation; (8) breach of express oral contract not to terminate employment without good cause; (9) breach of implied-in-fact contract not to terminate employment without good cause; (10) wrongful termination of employment in violation of public policy; (11) violation of labor code § 1102.5; and (12) intentional infliction of emotional distress. ...

Excerpt: ...ood Faith and Fair Dealing. Kostanian suffered injuries in a car accident caused by co-plaintiff Zavala. Zavala was insured by Defendant at the time of the accident. Previously, Kostanian sued Zavala for personal injuries resulting from the accident and received a judgment in excess of $5 million. In accordance with Zavala's policy limits, Defendant paid Kostanian $100,000. The remainder of the judgment remains unpaid. Zavala has since assigned h...

Excerpt: ...: An attorney moving to be relieved as counsel under California Code of Civil Procedure section 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362. To comply with rule 3.1362, the moving party must submit the following forms: (1) Notice of Motion and Motion to be Relieved as Counsel; (2) Declaration in Support of Attorney's Motion to be Relieved as Counsel; and (3) Order Granting Attorney's Motion to be Relieved a...

Excerpt: ...swer Form Interrogatories (Set One) or if plaintiff additionally seeks to deem admitted the Requests for Admission. The Motion is captioned, “Plaintiff's Notice of Motion and Motion for an Order Compelling Answers to Interrogatories and for Monetary Sanctions.” (See Motion, p. 1.) However, the body of the Notice advises that plaintiff “move[s] the court for an order compelling defendant Mark Concepcion to answer the follow interrogatories: ...

Excerpt: ...inst defendants for: (1) breach of contract; (2) breach of the covenant of good faith and fair dealing; (3) wrongful termination; (4) violation of the California Constitution; (5) violation of Gov. Code § 12900, et seq; (6) intentional infliction of emotional distress; (7) violation of Business & Professions Code § 17200; (8) fraud, negligent misrepresentation, concealment; and (9) violation of the Consumer Legal Remedies Act. ANALYSIS: Demurre...

Excerpt: ... and (6) violation of Business and Professions Code section 17200. The actions pertain to plaintiff's agreement with Sunrise to secure refinancing of loans plaintiff had with other lenders. The trial was held in two phases. On 8/7/17, the Court found that plaintiff's cause of action for breach of oral contract was barred by the statute of limitations and that neither equitable tolling nor equitable estoppel apply. On 11/15/17, the Court granted d...

Excerpt: ...ssor-in-interest to Joan Marie Johnson, a former member of a musical group called the Dixie Cups and a co-writer of the song “Iko Iko.” In 1984, plaintiff contracted with Johnson to provide assistance in pursuing and recovering royalties due to her for the song. Plaintiff performed under the agreement and secured payment of royalties, of which plaintiff was to collect a 50% contingency fee share. In a separate agreement — the “Windswept A...

Excerpt: ...fendant disputes that he is responsible for the debt. ANALYSIS: As an initial matter, the Court notes that although plaintiff moves for summary adjudication of individual causes of action, plaintiff's motion and separate statement are not procedurally proper. "If summary adjudication is sought, whether separately or as an alternative to the motion for summary judgment, the specific cause of action, affirmative defense, claims for damages, or issu...

Excerpt: ... this action on 2/25/16. Plaintiffs filed a fourth amended complaint (“4AC”) on 8/31/17 against defendants for: (1) violation of professional standards; (2) fraud; (3) conspiracy to commit fraud; (4) securities fraud; (5) negligence; and (6) securities fraud. In August 2007 defendant Brett Moody, acting on behalf of Moody S, purchased a hotel in New Jersey. (4AC ¶ 31.) Moody established a series of LLCs for which it held shares of interests ...

Excerpt: ...tiff's ex parte motion to file exhibits provisionally under seal and advised plaintiff that he would need to file a noticed motion in order to obtain an order permanently sealing the exhibits. ANALYSIS: Plaintiff seeks to seal Exhibits A, B, and E. Exhibits A and B consist of medical records identifying plaintiff's diagnosis and detailing why he was placed on medical leave in late 2015. Exhibit E is a letter from the County denying Petitioner's a...

Excerpt: ...t on 7/12/14. Plaintiff alleges that it has been damaged in the sum of $28,946.27. Default judgment was entered on 7/19/17 as to “Vncent DeVille.” On 10/24/17, the Court concluded that although no default or judgment had been entered as to Vincent Deville, it was clear that defendant had always been aware that he had been erroneously sued as “Vncent DeVille.” The Court therefore decided to correct the previous default and judgment. ANALYS...

Excerpt: ...iling was a result of mistake, inadvertence, surprise, or excusable neglect. Counsel declares that she mistakenly believed that this motion was scheduled to be heard on 1/24/18, which is when a demurrer in the same case is scheduled to be heard. (Savarese Decl. ¶ 2.) The Court concludes that counsel's mistake is excusable and that the prompt submission of the opposition to both the Court and to opposing counsel will not result in substantial pre...

Excerpt: ...pposition to Wells Fargo's motion to compel initial to its special interrogatories (set one).” (Opposition, p.2:1-3.) Not surprisingly, therefore, the Court's ruling today is “substantially identical” to its ruling on the previous discovery motion, heard on December 20, 2017. The Court is also somewhat surprised that, given the similarity between these two sets of motions, the parties would not have been able to resolve this issue after the...