Excerpt: ...ancial details, Plaintiff's identifying information, the vehicle identifying information, and buyer's signature. Kim Decl. ¶4. Included in the pre-printed portion of the Lease is an arbitration provision, at section 33. Kim Decl. ¶4, Exh.1, p. 3 . The arbitration provision states: “ 33. Agreement to Arbitrate … you agree that any dispute arising out of or relating to any aspect of the relationship between you and Tesla will not be decided b...

Excerpt: ...aintiffs allege despite repeated requests for repairs, defendants did not address the requests until plaintiffs filed complaints with governmental authorities. Further, plaintiffs allege defendants violated their privacy, harassing them, taking photos of intimate areas of the home without consent, entering the property without legitimate basis, repeatedly demanding plaintiffs vacate without basis, and making false statements about plaintiffs to u...

Excerpt: ...a supplemental declaration. Defendant argues she did not receive notice of summons and complaint and the proof of service was inaccurate. In considering that public policy favors relief, the court allowed Allarie- Larson to file a supplemental brief regarding whether she has (1) a meritorious defense and (2) shown diligence in seeking to set aside the default once discovered. 04/23/24 Minute Order. In opposition, Kadosh argues Allarie-Larson has ...

Excerpt: ...e arises out of an alleged wrongful misappropriation and theft of plaintiff's cryptocurrency tokens. Specifically, that defendants allegedly interfered with the 24 -month vesting schedule of plaintiff's allocation of 70,000 Rari Governance Tokens ( RGT) from non-party Rari Capital, Inc. (Rari Capital), even though the 24- month vesting schedule was a term in an allocation letter between Yu and Rari Capital. Yu joined non- party Rari Capital in Ap...

Excerpt: ...th affirmative defenses raised in the HOA defendants ' first amended answer, with twenty days leave to amend. Defendants filed their second amended answer (SAA) January 23, 2024. Steiger now demurs to the following affirmative defenses raised in the SAA: third (comparative fault), fourth (comparative fault), fifth (unclean hands), sixth (excuse of performance or prevention), seventh (mitigation), eighth (good faith), ninth (waiver/ estoppel), ten...

Excerpt: ...ssian's objections 1-2 SUSTAINED (relevance); objections 3, 6-9 SUSTAINED (hearsay); objection 10 SUSTAINED (improper legal opinion); objection 14- 15 (lack of authentication). Mardirossian's objections to the supplemental declaration submitted with the reply brief are OVERRULED. Defects in Mardirossian's Separate Statement Howarth argues Mardirossian's separate statement is defective because he does not respond to the material facts stated by Ho...

Excerpt: ...ms are time - barred by the one-year limitations period in the parties' agreement. Wilshire's request for the court to take judicial notice of the parties' contracts dated October 3, 2022, Exhs. A and B, is DENIED, as Wilshire fails to cite authority that would allow the court to take judicial notice of the terms of private parties' contracts. Gould v. Maryland Sound Industries, Inc. (1995) 31 Cal.App.4th 1137, 1145. Wilshire Capital argues t...

Excerpt: ... Drive in Malibu. Defendants Pacific Shangrila LLC and ILU LLC's request for judicial notice of the grant deeds for the properties, Exhs. A and B, are GRANTED, as it is a court document under Evidence Code 452(g). The court does admit the documents for their truth. Defendants' objections #1- 2 are SUSTAINED as the declarant lacks personal knowledge of the statements. Any party or a non-party having an interest in the property affected by a notice...

Excerpt: ...red under CCP § 340.5. Sands demurrers contending the FAC is time -barred under the three-year statute of limitations prescribed under the Code of Civil Procedure § 340.5. Sands argues plaintiffs changed the date in the FAC to plead around the statute of limitations. However, this is an improper basis for a demurrer, as it presents the court with factual issues not appropriate for a demurrer. Demurrers test the legal sufficiency of the pleading...

Excerpt: ...ross - complained against twenty of its sub-contractors. Titan now moves for summary adjudication against sub-contractor/cross -defendant Edden Glass and Mirror as various causes of action. However, Titan's motion is, in fact, a motion directed a single issue: the existence of Edden's duty to defend. “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more clai...

Excerpt: ...ove to strike the prayer for punitive damages and requests for attorneys' fees. Code Civ. Proc. §§ 435-437. Punitive Damages: A motion to strike is the procedure to attack unjustified punitive damages. (Venice Town Council, Inc. v. City of Los Angeles (1996) 47 Cal.App.4th 1547, 1561-1562.) A complaint including a request for punitive damages must also include allegations showing that the plaintiff is entitled to such an award. (Clauson v. Supe...

Excerpt: ...orming defendants of r epairs needed, defendants failed to timely make such repairs. Plaintiff claims defendants initiated eviction proceedings in retaliation for his complaints. Defendants demur to the fourth cause of action for intentional infliction of emotional distress and move to strike punitive damages. Intentional Infliction of Emotional Distress “‘The elements of a prima facie case for the tort of intentional infliction of emotional ...

Excerpt: ...tion company defendant First Student, and LAUSD special education aide defendant Cage while being transported to school. After a demurrer to the FAC was sustained with leave to amend on October 20, 2023, the matter was transferred to this department. Defendants Parmer and First Student demur to all causes of action in the SAC, except neg ligence, and move to strike punitive damages. Defendant Cage moves to strike punitive damages. Defendants' req...

Excerpt: ...(1) duty; (2) breach; (3) causation; and (4) damages. County of Santa Clara v. Atlantic Richfield Co. (2006) 137 Cal.App.4th 292, 318. In California, negligence may be pleaded in general terms. Landeros v. Flood (1976) 17 Cal.3d 399, 407 -408. Defendants argue plaintiff's form complaint has not adequately alleged the allegedly negligent conduct. The complaint alleges, at p. 4, GN -1, that the defendants were negligent in their maintenance and ope...

Excerpt: ...xamination. Defendant a lso requests sanctions of $840 in connection with bringing this motion. In any case in which a plaintiff is seeking recovery for personal injuries, defendant may demand a physical examination. Code Civ. Proc. §2032.220(a). A defendant may make a demand for physical examination, and the examination shall be scheduled for a date at least 30 days after service. Code Civ. Proc. §2032.220(b), (d). Defendant argues plaintiffs ...

Excerpt: ...n has been filed. A preliminary injunction will issue if 1) moving party is likely to suffer greater injury from a denial than the non- moving party is likely to suffer from its grant, and 2) a reasonable probability that the moving party will prevail on the merits. IT Corp. v. County of Imperial (1983) 35 Cal.3d 63, 69-70. When a strong showing is made on one of these two elements, the showing as to the other element does not need to be as stron...

Excerpt: ... will prevail. “When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking.” Code Civ. Proc. §1030(a). Plaintiff will not be required to file an undertaking unless “there is a reasonable possibility that the moving defendant will obtain judgment in the action or spe...

Excerpt: ...ret misappropriation and to prevent further alleged misuse of confidential information. FG alleges: (1) breach of contract; (2) breach of the duty of loyalty; (3) misa ppropriation of trade secrets; (4) receipt of stolen property; (5) unfair competition; and (6) interference with prospective economic advantage. Whitfield & Wakefield cross-complained against FG and its owner Ferrazzi alleging: (1) fraud in the inducement (by Whitfield against FG);...

Excerpt: ...n 38.2 hours at a market rate of between $550 and $800 an hour with an enhancement/multiplier, for a total of 38.2 hours at $1,100 an hour for a subtotal of $42,020; plus an additional $7,150, representing a total 13 hours incurred and estimated at the lower end $550 an hour without enhancement for the time relating to the making of the motion for attorney's fees. Judicial Notice Robles requests the Court to take judicial notice of the follow...

Excerpt: ...Quantinal moves to compel arbitration pursuant to the agreements. California public policy strongly favors arbitration as an efficient alternative to litigation. Code Civ. Proc. §1280, et seq., Madden v. Kaiser Found. Hosps. (1976) 17 Cal.3d 699, 706. There is a liberal federal policy favoring arbitration, requiring arbitration agreements to be on equal footing with other contracts and requiring courts to resolve doubts as to whether a dispute f...

Excerpt: ...a municipal code violation claim against the neighbors. Plaintiff alleges negligence, negligent supervision, negligence per se, vicarious liability and declaratory relief against defendants City and the employee defendants. Defendants file an anti -SLAPP motion to strike the first and third through fifth causes of action and a demurrer to the complaint. Special Motion to Strike (Anti- SLAPP) Courts resolving an anti -SLAPP motion under Cal. Civ. ...

Excerpt: ...r Park Properties, LLC (Los Angeles Superior Court Case No. BC339033) (“Original Action”). Plaintiff is the assignee of KGMAC, LLC. Dickens and Victor Noval Sr. (“Noval Sr.”) were managing members of Tower Park when judgment was entered in the Original Action. In 2008 Dickens and Noval Sr. filed for Chapter 11 bankruptcy protection for Tower Park. One of Tower Park's assets is the “Mountain,” 157 acres in Beverly Hills. With the Mount...

Excerpt: ...defendant Schwarz. Defendant alleges she vacated the premises from 2/12/23-4/23 due to mold, water and fire damage at the property. Schwarz decl., para. 3. Defendant was allegedly substitute served on 5/20/23. Per the process server Alpisa, a Jane Doe was served. Defendant Schwarz alleges she was in Cannes, France at that time (5/14/23-5/23/23) and had no co- occupants. Schwarz decl., para. 5. Defendant argues the proof of service is false, as sh...

Excerpt: ...ew respondents”) during a protest in Santa Monica on May 31, 2020. Petitioner failed to present a claim against new respondents within the six -month period provided by Gov. Code section 911.2 due to alleged inability to identify those law enforcement officers as being from a department other than the City of Santa Monica. Petitioner timely filed a claim for damages with the federal court on July 7, 2020, against Santa Monica and filed a compla...

Excerpt: ...ve damaged plaintiffs' retaining wall. Complaint ¶13 -17. Defendant Fadia cross- complained alleging negligence; breach of CC& Rs; slander of title; and permanent trespass. Defendant alleges the retaining wall was not build in compliance with the CC&Rs, and plaintiffs failed to maintain the wall. Cross -Compl. ¶14- 17. Fadia demurs and moves to strike. Demurrrer Nuisance Fadia argues the claim is barred by the statute of limitations, as the all...

Excerpt: ...ings at any time. Desny v. Wilder (1956) 46 Cal.2d 715, 751. Leave may be denied when the party seeking amendment delayed without justification. Melican v. Regents of Univ. of Calif. (2007) 151 CA4th 168, 176. A motion for leave to amend must state when the facts giving rise to the amended allegations were discovered and the reasons why the request for the amendment was not made earlier. Cal. Rules of Court 3.1324(b). A court can deny leave to am...

Excerpt: ...improperly submitted supplemental briefing without leave of court and the initial opposition was untimely. The court has discretion to overlook late -served papers and resolve the matter on the merits. E.g., Cal. Rules of Court, rule 3.1300(d); Gonzalez v. Santa Clara County Dept. of Social Services (2017) 9 Cal.App.5th 162, 168. Leong submitted the initial opposition for the sole purpose of requesting a continuance. Leong objects to the Olsen de...

Excerpt: ...rimination (FEHA); (2) hostile work environment (FEHA); (3) retaliation (FEHA); (4) failure to prevent discrimination, harassment and retaliation (FEHA); (5) retaliation (Labor Code §1102.5); (6) retaliation (Labor Code §98.6); (7) retaliation (Labor Code §6310; (8) wrongful termination; (9) sexual battery; (10) gender violence; (11) negligent supervision and retention; and (12) intentional infliction of emotion distress. Plaintiff was employe...

Excerpt: ...e by's International. On July 5, 2023 the parties represented to the court that a settlement agreement had been signed. On December 20, 2023 this court denied Kaplan's motion to enforce settlement on the grounds that Elaine Cohen had not signed the agreement. Kaplan filed a Third Amended Cross -Complaint (TACC) on January 26, 2024, adding claims for breach of settlement agre ement, negligent misrepresentation and fraud against the Cohens and thei...

Excerpt: ... . . . to apprise the defendant of the basis on which the plaintiff is seeking relief.” E.g., Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6. The SAC fails to address the deficiencies the court identified in the FAC. All causes of action in the SAC are alleged with a similar formula as the FAC. All preceding paragraphs are re- alleged, and plaintiff states defendant engaged in conduct constituting the elements of the claim. This is insuff...

Excerpt: ... to strike punitive damages. The court sustained a demurrer on 12/15/23. The FAC includes new allegations that an arborist opined the vine is injurious to health, and a structural engineering firm opined the hot water eruption caused structural damage to Hill's home. FAC ¶¶ 36 -37. Per Cal. Civ. Code §841(b)(2), “[a]djoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them[,]” a...

Excerpt: ... and punitive damages to allow for supplemental briefings. Special Damages (Emotional Damages) Generally, absent physical injury, a cause of action for negligence based on property damage cannot give rise to an award of special damages for emotional distress. Lili Butler-Rupp, et al. v. Lourdeaux (2005) 134 Cal.App.4th 1220, 1228. Emotional distress damages are available when a plaintiff alleges trespass to chattels based on intentional injury to...

Excerpt: ... Plaintiff for failure to comply with the Court's prior discovery order. On November 20, 2023, Visconti filed a motion to set aside the orde r of June 1, 2023 on the ground that the order is void because the court lacked jurisdiction to consider Pinto's motion to expunge lis pendens, and she never had notice of the hearing. On January 3, 2024, Visconti filed a motion to set aside the order of December 4, 2023 on the ground that the order is void ...

Excerpt: ... the interest of efficiency and justice. Every court has the “inherent power, in its discretion, to stay proceedings when such a stay will accommodate the ends of justice.” See St. Paul Fire and Marine Ins. Co. v. AmerisourceBergen Corp. (2022) 80 Cal.App.5th 1, 6- 7. Courts are empowered to “provide for the orderly conduct of proceedings before it.” C.C.P. §128(a)(3); see C.C.P. §187 [conferring on courts and judicial officers “all t...

Excerpt: ...Defendants”) filed a demurrer to the FAC. As of April 23, 2024, no opposition has been filed. Tenser filed a motion for leave to amend and file a Second Amended Complaint, which is set to be heard on the same day as this motion, on April 25, 2024. Request for Judicial Notice The County Defendants request judicial notice of the fact that Los Angeles County District Attorney George Gascón took office on December 7, 2020, and of several filings a...

Excerpt: ...tion was filed. Negligence To state a claim for negligence, a party must allege (1) duty, (2) breach, and (3) causation. CACI 400, see, e.g. McIntyre v. Colonies- Pacific, LLC (2014) 228 Cal.App.4th 664, 671. For purposes of negligence liability, a landlord has a duty to take reasonable precautions to protect patrons from highly foreseeable third -party crimes. Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666, 679. Foreseeability can ...

Excerpt: ...ent under Evidence Code 452(d). The court does admit the document for its truth. Negligence To state a claim for negligence, one must allege (1) duty, (2) breach, and (3) injuries. See, e.g., CACI 400; McIntyre v. Colonies -Pacific, LLC (2014) 228 Cal.App.4th 664, 671. Lyft asserts plaintiff does not sufficiently allege duty because plaintiff was neither a user of the Lyft platform nor a passenger. The complaint alleges Lyft owed a duty to act be...

Excerpt: ...Health Care claims and medical supplement claims; and (3) money had and received. Blue Shield paid AOC for emergency medical services provided to its plan members. The FAC alleges AOC was paid reasonable market value and/or certain claims were properly denied in whole or in part in accord with applicable law, relevant plan terms and industry/regulatory standards. AOC moves for an order staying this proceeding in light of the pendency of proceedin...

Excerpt: ... not opposed. The defendant served this motion by mail and email on March 21, 2024 (03/21/24 proof of service). Defendant's request for judicial notice of the complaint filed January 22, 2024 and Exh. A thereto is GRANTED, as it is a court document under Evidence Code 452(d). The court does admit the documents for their truth. Code of Civil Procedure section 410.30 states: “(a) When a court upon motion of a party of its own motion finds that in...

Excerpt: ...rocess filed by Plaintiff on November 02, 2020 is – GRANTED as it is a document of the court covered under Evidence Code 452(d). A court may set aside a default or default judgment when service of summons has not provided a party with actual notice. Code of Civil Procedure § 473.5 states: “(a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered...

Excerpt: ... excusable neglect. A government tort claim must be presented within six months after accrual of the cause of action. Gov. Code §911.2. A plaintiff who fails to timely file a claim may seek relief for leave to present a late claim which must be presented within one year after accrual of the cause of action. Gov. Code §911.4(b). “If the public entity denies an application for leave to file a late claim, the claimant must obtain a court order f...

Excerpt: ...tice. Defendant argues that because judgment was entered in her favor in that case, plaintiff had no lawful reason to refuse defendant's proffered partial rent payment. That argument is not proper on a motion for new trial, as it could have been raised prior to trial, and was not mentioned in the trial of this matter. The agreed -upon jury instruction CACI 4327 was given. “A notice of intention to move for a new trial is deemed to be a motion f...

Excerpt: ... she does not pay the outstanding increased amount demanded. On February 29, 2024 the court granted Lady J's ex parte application for temporary restraining order to stay the auction of the inventory. A hearing for the preliminary injunction was set for April 3, 2024. See 2/28/24 Minute Order. On April 3, 2024 the court continued the hearing because defendant's papers were not served and allowed additional time. No opposition was filed. “[A] cou...

Excerpt: ...mended complaint alleges defamation, invasion of privacy and fraud against Townsend. On March 4, 2024, Townsend filed a special motion to strike (anti -SLAPP) which is set for hearing on June 6, 2024. On March 11, plaintiff filed the instant motion “to strike” Townsend's motion to strike. Townsend filed her opposition on April 3, 2024. As of April 16, 2024, no reply has been filed. Plaintiff purports to make this motion to strike Townsend's m...

Excerpt: ...declaratory and injunctive relief. Defendant cross -complains f or (1) declaratory relief; (2) quiet title; (3) negligence; (4) private nuisance; (5) trespass; and (6) negligent trespass. Defendant seeks an order permitting a property inspection during trial, pursuant to Code of Civil Procedure section 651; see, e.g., People v. Fudge (1994) 7 Cal.4th 1075, 1104. The properties are located in a hillside area of Beverly Hills, 13 miles from the cou...

Excerpt: ...A)(3) as against VGA 4. Breach of Implied Warranty of Merchantability (Violation of CIV §§ 1791.1; 1794; and 1795.5) as against VGA 5. Violation of the Magnuson- Moss Warranty Act as against VGA 6. Negligent Repair as against AVN The first four causes of action stem from alleged violations of the Song -Beverly Act (SBA). Defendants move for summary judgment or in the alternative summary adjudication on all claims. On March 29, 2022, Plaintiff p...

Excerpt: ...the Barrington Plaza apartments in which numerous plaintiffs were injured and/or lost property and the Bru plaintiffs' decedent perished. Defendant Universal Protection Service (UPS) moves for summary judgment or, in the alternative, summary adjudication of plaintiffs' claims in 22STCV03442 and related cases 22STCV03650, 22STCV03445, and 22STCV24322, arguing that even though it had a contrac tual duty to perform services for Douglas Emmett Manage...

Excerpt: ...d and to the second cause of action on the ground that plaintiff Association lacks legal capacity to sue for declaratory relief. Defendants argue the first cause of action for breach of declaration of restrictions is subject to demurrer because the restriction on building a home pursuant to Paragraph 6 of the 1950 CC&Rs expired January 1, 1976. See Demurrer at pg. 7; FAC at ¶18, Exh. 1 at ¶ 6. They note the FAC alleges no other breach, and the ...

Excerpt: ...ises liability; and (3) negligence supervision. All defendants demur and move to strike requested attorneys' fees. Defendants' Demurrer “A¿demurrer¿tests the legal sufficiency of the factual allegations in a complaint.” Ivanoff v. Bank of America, N.A. ¿(2017) 9 Cal.App.5th 719, 725. The Court looks to whether “the complaint alleges facts sufficient to state a cause of action or discloses a complete defense.” Id. The Court “assume[s]...

Excerpt: ...air business practices in her 147 -page complaint. It is unclear from the FAC specifically what allegations are being made and what specific damages are being sought. Plaintiff attached photographs of patient file s and attic space, as well as text messages, 30 pages in total, to the FAC. Via the original complaint, filed 3/10/23, plaintiff sought $170 for unreimbursed parking/cell phone charges. She sought $100 in alleged unpaid wages, $62 for f...