Excerpt: ...nterscope Geffen A&M Records, UMG Recordings and West Beverly Group move for summary judgment, arguing they have no legal interest in the Club, had no involvement in the alleged events and are not alter egos of the club's owners. Plaintiff seeks issue and evidentiary sanctions, arguing defendants failed to preserve security camera footage of the incident. MSJ/MSA Defendants' Notice of Non-Opposition Defendants claim plaintiff did not timely file ...

Excerpt: ... the patient's bill of rights, negligence, fraud and wrongful death. Defendants move to compel arbitration. “A strong public policy favors the arbitration of disputes, and doubts should be resolved in favor of deferring to arbitration proceedings.” Rowe v. Exline, et al. (2007) 153 Cal.App.4th 1276, 1282. A motion to compel arbitration should be granted unless there are grounds for revoking the contract, or the agreement clearly does not appl...

Excerpt: ... sister. Plaintiff alleges KRS attorney defendants Alderman and Hilgers provided insufficient and/or negligent legal services. Defendants Alderman and Hilgers left KRS in 2010 to start Alderman & Hilgers, LLP (A&H). Plaintiff alleges Alderman continued acting as an intermediary between him and KRS. In 2011 KRS demand the unpaid fees, and in June 2012 KRS sued plaintiff for those unpaid fees. Alderman agreed to assist in defending the claim but di...

Excerpt: ...endant paid the entire judgment against Kassabian, though it exceeded the $1M policy limits. Plaintiff now sues for bad faith. Defendant moves for summary judgment, arguing plaintiff instructed defendant to withdraw all settlement offers and did not consent to settle the action. Additionally, defendant argues plaintiff has no damages, as it paid legal costs and the judgment. In the alternative, defendant seeks summary adjudication as to each caus...

Excerpt: ...ons. Defendants demur to plaintiff's causes of action for violation of California Health & Safety Code §17920.3, intentional infliction of emotional distress, breach of contract and fraud and move to strike the request for punitive damages. Intentional Infliction of Emotional Distress (IIED) The elements of IIED are (1) extreme and outrageous conduct directed at the victim, (2) intent to cause emotional harm or conscious disregard for the probab...

Excerpt: ...mplex to himself through sales to alter egos. The original action was converted to a direct action by the HOA in 2019. In May 2019 the HOA filed this complaint (“the current action”), alleging Spahi used alter egos to purchase several units (the same units at issue in the original action) from the HOA at prices far lower than their appraised value. The current action alleges Spahi is responsible for paying any judgment that may be awarded aga...

Excerpt: ... the Levine Trust, own real property and an alleged easement with access to adjacent wooded greenbelt land. Plaintiffs allege defendants Cole and the Bright trustees purchased the greenbelt from the defendant J. Paul Getty Trust, subject to the Levine easement. Cole hired defendants J&J Tree Service and Abbot to cut trees on the greenbelt and within the easement. Plaintiffs allege defendants removed trees from their property and trespassed onto t...

Excerpt: ...'s character, as demonstrated through prior conduct, is usually inadmissible to prove conduct on a specified occasion. Cal. Evid. Code §1101. Evidence of prior conduct is admissible if the defendant's counsel “opens the door” by introducing or referencing that conduct via testimony. People v. Page (1980) 104 Cal.App.3d 569, 574. Evidence of prior wrongful conduct may be admitted to show existence of a common plan or scheme if the probative v...

Excerpt: ...es, causing disfigurement. Plaintiff alleges the doctor defendants were agents of defendant USC. Defendant USC argues neither doctor was acting as its agent and moves for summary judgment. An agency relationship exists when one person assents to act on another's behalf and subject to their control. Huong Que, Inc. v. Mui Luu (2007) 150 Cal.App.4th 400, 410. The chief characteristic of agency is “that of representation, the authority to act for ...

Excerpt: ...operty. Objections Lask Declaration: OVERRULED as to objections 1, 2, 3, 4, 6, 7, 8, 11, 12, 13, 14, 15, 16, 17, 18 SUSTAINED as to 5, 9, 10. Stern and Bornemann Declarations: All objections OVERRULED. Trespass/Private Nuisance – Statute of Limitations An action for a private nuisance or trespass damaging real property is subject to a three-year statute of limitations. Holdgrafer v. UnoCal Corp. (2008) 160 Cal.App.4 th 907, 925. A trespass or n...

Excerpt: ...itution's usury prohibition. Plaintiff's evidentiary objection OVERRULED. Defendants' evidentiary objections OVERRULED. A loan is usurious if the amount of interest to be paid exceeds the lesser of 10% per annum, or 5% per annum plus the rate established by the Federal Reserve Bank of San Francisco on advances to member banks on the 25 th day of the month preceding the date of the loan. Cal. Const. Art. XV §1(2). A lender cannot exceed the const...

Excerpt: ...tional distress and breach of contract and move to strike portions of the complaint. Warranty of Habitability (Cal. Civ. Code §1942.4) Plaintiff has not alleged a “public officer or employee” notified defendants of a substandard condition at the property, as required by section 1942.4(a)(2). This is a prerequisite to a claim for violation of this statute. Those facts are not alleged. SUSTAINED without leave to amend, unless plaintiff can so ...

Excerpt: ...lities. Defendants CLARE and the individual defendants move for summary judgment or adjudication. Alleged Defects in Moving Papers Plaintiff argues defendant's motion is improper because it does not cite directly to defendant's separate statement. There is no such requirement. Defendant filed a memorandum of points and authorities, the required separate statement and cited to evidence attached as part of defendant's compendium of evidence. This i...

Excerpt: .... Code of Civ. Proc. §1985.6(f)(1). Any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action. Williams v. Superior Court (2017) 3 Cal.5th 531, 541. When a party seeks to prevent discovery of relevant evidence based on an asserted privacy right, the asserting party must establish a legally protected privacy interest, an objectively reasonable expectation of privacy ...

Excerpt: ...he HOA's lenders. The purchase agreements contained indemnification provisions, under which buyers would indemnify the HOA. Plaintiff seeks to enforce those indemnification provisions and recover legal fees. In 2015, an HOA shareholder filed a derivative complaint against Spahi and his alleged alter egos and co-conspirators, alleging breach of his duties as director and fraud on the HOA. In 2019, Ocean Towers HOA became the sole plaintiff in the ...

Excerpt: ...ary adjudication as to the causes of action for fraud, intentional infliction of emotional distress and battery. Evidentiary Objections All objections to defense expert Emily Sikking, M.D. declaration are OVERRULED. Summary Judgment The elements of a cause of action for medical malpractice are (1) the duty to use such skill, prudence, and diligence as other members of the medical profession commonly possess and exercise; (2) breach; (3) causation...

Excerpt: ...ation pursuant to the contract's arbitration clause. A written agreement to arbitrate a controversy is “valid, enforceable, and irrevocable” and must be enforced upon a petition to compel, unless petitioning party waived the right to arbitrate or grounds exist for revocation of the arbitration agreement. Cal. Code of Civ. Proc. §§1281, 1281.2. California has a strong public policy in favor of enforcing arbitration agreements. Coast Plaza Do...

Excerpt: ...ly, plaintiff would have sought timely treatment and avoided permanent injury. Defendants move for summary adjudication on the fraud cause of action on the grounds that defendant did advise plaintiff of excess material extruding from the tooth. Defendants argue undisputed evidence shows plaintiff did not suffer injury as a result of any alleged concealment. The elements of fraudulent concealment are: (1) defendant's concealment or suppression of ...

Excerpt: ...e A party may amend its pleading once without leave of the court after a demurrer is filed, but the amended pleading must be filed and served no later than the date for filing an opposition to the demurrer. Cal. Code of Civ. Proc. §472. All opposition papers must be served and filed nine court days prior to the hearing. Cal. Code of Civ. Proc. §1005(b). The demurrer was initially scheduled for December 20, 2019. Plaintiff's first amended compla...

Excerpt: ...u Unfired School District (“SMMUSD”). Plaintiffs allege the IEP was not implemented during the 2016-2017 school year by kindergarten teacher, defendant Cronrod. Plaintiffs also allege defendant Cronrod discriminated against O.J. Plaintiffs further allege SSMUSD parents created a website and circulated emails containing false statements about O.J. and the nature of his disabilities. Plaintiffs allege this created a hostile environment. Defenda...

Excerpt: ...est Coast. Shad moves to strike the complaint under Cal. Civ. Code §425.16. Courts resolving an anti-SLAPP motion follow a two-step process. Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 733. In “prong one,” the court determines the threshold issue of whether the conduct underlying plaintiff's cause of action arises from defendant's constitutional rights of free speech. Baral v. Schnitt (2016) 1 Cal. 5th 376, 395. Jarrow, supra, a...

Excerpt: ...form her surgery. Plaintiff alleges she was not told Saghizadeh was out-of-network. Saghizadeh performed multiple dental procedures, and plaintiff's credit card was charged for each procedure. She alleges office employees assured her bills would be submitted to insurance. Plaintiff alleges she received dentures, which defendant's staff took back from her. Plaintiff alleges her insurance stated no claims had been presented for her treatment, and t...

Excerpt: ...trate a controversy is “valid, enforceable, and irrevocable,” and must be enforced upon a petition to compel, unless the petitioning party has waived the right to arbitrate or grounds exist for revocation of the arbitration agreement. Cal. Code of Civ. Proc. §§1281, 1281.2. California has a strong public policy in favor of enforcing arbitration agreements. Coast Plaza Doctors Hospital v. Blue Cross of California (2000) 83 Cal.App.4th 677, 6...

Excerpt: ... complaint, and the right to sue letter. Judicial notice is GRANTED as to the existence and legal effect of the documents, but not as to the truth of any matter stated therein. Defendant also requests judicial notice of the fact that plaintiff was terminated on February 28, 2017. Judicial notice is DENIED, as it is disputed. FEHA Claims Before bringing a claim for discrimination or wrongful termination based, an employee must file a verified comp...

Excerpt: ...laintiff's request to allow additional briefing on the applicability of the Civil Code §1714(d) exception to the dram shop law. Under Cal. Civ. Code §1714(c), “[e]xcept as provided in subdivision (d), no social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of thos...

Excerpt: .... California has a strong public policy in favor of arbitration. Coast Plaza Doctors Hosp. v. Blue Cross of California (2000) 83 Cal.App.4 th 677, 686. If an arbitration agreement was obtained via fraud in the execution, the contract is void, and there was no agreement to arbitrate. If, however, an arbitration agreement was formed via fraud in the inducement, the agreement is voidable and must be rescinded. Whether an agreement is voidable and su...

Excerpt: ... waterproofing and leaks. Montesano seeks declaratory relief determining she has no continuing liability to pay rent under the lease. Orlando demurs to the first amended cross-complaint (FACC) and moves to strike identified portions. First Cause of Action for Breach of Lease (Implied Warranty of Habitability) The elements of a cause of action for breach of contract are: (1) the contract, (2) plaintiff's performance or excuse for nonperformance, (...

Excerpt: ...g the subpoenas seek irrelevant information and violate his privacy rights. Plaintiff argues the theft charges from 2013 are irrelevant to whether he misappropriated information from Damon Capital in 2017, and records of an arrest not resulting in a conviction cannot be used to impeach a witness' credibility. While this evidence may not be admissible at trial, that is not the test for whether documents are discoverable. Discovery is broader than ...

Excerpt: ...artment (HCID). Plaintiffs allege a variety of torts and statutory violations by accepting rent and deceiving them into believing they were renting lawful and permitted units. Defendants demur to all ten causes of action in the second amended complaint (SAC). Uncertainty Defendants argue plaintiffs do not clarify which causes of action are pleaded by which plaintiff and against which defendant. Each cause of action is alleged by every plaintiff a...

Excerpt: ...d, third and fourth causes of action and sustained as to the fifth and sixth causes of action with leave to amend. Sham Pleading Doctrine A plaintiff may not avoid a demurrer by pleading facts or positions in an amended complaint that contradict facts pleaded in the original complaint or by suppressing facts which prove the pleaded facts false. State of California ex rel. Metz v. CCC Information Services, Inc. (2007) 149 Cal.App.4th 402, 412. The...

Excerpt: ...in a campaign to damage plaintiff's professional brand, making false representations to plaintiff's clients, former clients and other professionals. First Prong – Protected Activity “Communications preparatory to or in anticipation of bringing an action or other official proceeding” are protected under the anti-SLAPP statute. Dove Audio, Inc. v. Rosenfeld, Meyer & Susman (1996) 47 Cal.App.4th 777, 784. Even if litigation has not commenced, ...

Excerpt: ...s government agencies (MRCA and SMMC) own property (parcels 900 and 901) within Sycamore Park. Defendants/cross complainants assert their right to invite the public to use the easements for trail access and argue plaintiffs created a nuisance and violated the California Coastal Act by erecting a security kiosk/gate preventing access to the roads. Plaintiffs' and Cross-Defendants' Motion for Summary Judgment/Summary Adjudication Plaintiffs move fo...

Excerpt: ...ontract, professional negligence and fraud. Cross-defendants Jason J. Allison and Brett A. Berman move for judgment on the pleadings. A motion for judgment on the pleadings may be made on the same ground as those supporting a general demurrer. Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650. The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that it appears a party...

Excerpt: ... Farbod Youshei (“Farbod”), Shoor Temple, LLC and Eagle Nasher, LLC. Joseph argues Etehad used privileged documents to support its opposition to the prior motion to disqualify counsel, heard by this court on December 18, 2019. At that hearing, the court found an actual conflict existed but declined to disqualify due to Joseph's delay. A trial court is empowered to disqualify counsel through its inherent power to control the conduct of its min...

Excerpt: ...ff alleges Masoud fraudulently conveyed his interest in two pieces of real property to defendants Park LA LLC and Nato Fund, Inc. Plaintiff also alleges Nato was involved in a 2016 settlement with Masoud, under which Nato would hold one of the properties in trust for Masoud. Masoud cross-complained, alleging Pickford is an alter ego of cross-defendant Nilofar Kahrobai, and assignment of the judgment to Pickford satisfied or extinguished the judgm...

Excerpt: ...ues away from the Trust. Further, defendants allegedly formed a competing entity, Southern California Research LLC (SCR), while working for SRI, planning to dissolve SRI and continue its business under SCR's name. Plaintiffs moved for terminating sanctions against Murphy for failing to comply with a November 7, 2018 court order requiring him to produce SRI's records from a storage locker, respond to contention interrogatories and supplement prior...

Excerpt: ...action only. Plaintiff seeks to depose Dicheck. Plaintiff is subject to an elder abuse restraining order prohibiting him from contacting Dichek and requiring him to stay 100 yards from her. See Rudy Decl., exhibit B. Plaintiff acknowledges a “TRO” is in place. Defendants seeks a protective order delaying Dichek's deposition while the restraining order is in place and until a version of the complaint naming Dicheck as a defendant survives demu...

Excerpt: ... another client. Brooks filed a claim in arbitration under his contract with Innovative. After a seven-day hearing, the arbitrator determined all issues in favor of Innovative and Stein and awarded $170,550.97 in sanctions against Brooks. Innovative and Stein petition the court for confirmation of the award. Brooks seeks to vacate the award or, alternatively, eliminate sanctions. A party to an arbitration may petition to confirm, correct or vacat...

Excerpt: ...ion of emotional distress and breach of contract. West moves to strike under California's anti-SLAPP statute (Cal. Civ. Code §425.16), arguing Calvert's allegations arise out of West's protected speech. Legal Standard (Anti‐SLAPP) Courts resolving an anti-SLAPP motion follow a two-step process. Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 733. In prong one, the court determines whether the conduct underlying the plaintiff's cause o...

Excerpt: ...eral public. Defendants move for an order requiring plaintiffs to join approximately 95 other Sycamore Park property owners on the grounds that all homeowners have an interest in the easements at issue. Under Cal. Code of Civ. Proc. §389, a person “shall be joined” as a party in an action if “(1) in his absence complete relief cannot be accorded among those already parties,” or “(2) he claims an interest relating to the subject of the ...

Excerpt: ...rking on a television show produced by cross-defendant ThinkFactory Media, LLC. The Luxe entities cross-complained against ThinkFactory. ThinkFactory moves to compel arbitration of the Luxe entities' claims pursuant to the terms of a Location Agreement between ThinkFactory and E.H. Summit. ThinkFactory also moves to seal its unredacted Location Agreement (a redacted version has been filed), its settlement agreement with Stanger and the unredacted...

Excerpt: ...tiff to furnish security or for an order dismissing the litigation if the plaintiff is a vexatious litigant and there is not a reasonable probability he will prevail against the moving defendant. After an evidentiary hearing under §391.1, a court has discretion to dismiss the action or require the vexatious litigant to post security. Cal. Code of Civ. Proc. §391.3. Plaintiff filed eight lawsuits in the eight years preceding this action. See def...

Excerpt: ...ed on arguments not raised in the moving papers and ignored material facts. Courts do not ordinarily consider issues raised for the first time in the reply brief. American Indian Model Schools v. Oakland Unified School Dist. (2014) 227 Cal.App.4th 258, 275. Defendants argue “the only issues presented by Plaintiff in the MSJ for adjudication were whether Moradi's capital call request was justified and whether his requests to the LPs' members was...

Excerpt: ...n he was involved in a lawsuit. Under California Rule of Court 2.550, all or part of a court record may be sealed if the court finds (1) there is an overriding interest that overcomes the right of public access to the record, (2) the overriding interest supports sealing the record, (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed, (4) the proposed sealing is narrowly tailored, and (5...

Excerpt: ...ng the action is barred by the contract's terms, specifically an exculpatory clause and a shortened statute of limitations. Request for Judicial Notice When a plaintiff references a document in her complaint, and the document forms the basis of allegations in the complaint, that document is subject to judicial notice even if not attached to the pleading. E.g. Align Technology, Inc. v. Bao Tran (2009) 179 Cal.App.4th 949, fn. 6; Ingram v. Flippo (...

Excerpt: ...wals were authorized loans, disclosed to plaintiff's trustee and predecessor in interest. Plaintiff seeks a constructive trust on assets or profits acquired via funds taken. Defendant moves for summary adjudication on plaintiff's constructive trust cause of action, alleging his repayment of the funds establishes his affirmative defense of election of remedies. Under the doctrine of election of remedies “if a plaintiff elects a particular remedy...

Excerpt: ... daughter and son-in-law (Spielbergs) to file a temporary restraining order against plaintiff and reported him to the Los Angeles Sheriff's Department and Adult Protective Services for allegedly mistreating his elderly roommate Lewinson. Defendants filed a separate unlawful detainer action, leading to plaintiff's eviction. Defendants file this anti-SLAPP motion alleging their conduct is protected by the constitutional right to petition the govern...

Excerpt: ...01a0003> Plaintiff argues the fees claim should be disregarded because defendant failed to supply a “cognizable line of reasoning or ratiocination applying Civil Code §1717(a)'s first sentence to the alleged facts[.]” No “reasoning or ratiocination” is required. Plaintiff does not dispute the existence of an attorney's fees clause. Plaintiff also argues the court should treat Mr. Parcell's declaration with skepticism because an <004c0057...

Excerpt: ... were actually authorized loans that he disclosed to plaintiff's trustee and predecessor in interest. Plaintiff seeks a constructive trust on any assets or profits that defendant acquired via funds taken from the entities. Defendant moves for summary adjudication on plaintiff's constructive trust cause of action on the grounds that since he already repaid what he alleges were loans from the entities, undisputed facts establish all the elements of...

Excerpt: ...wed under LARSO. Plaintiff alleges defendant required plaintiff to pay for a neighboring unit's electricity and a monthly pet maintenance fee. Defendant demurs to all causes of action for failure to state sufficient facts (Cal. Code of Civ. Proc. §430.010) and because plaintiff failed to plead exhaustion of administrative remedies. Defendant also moves to strike the entire complaint, as well as specific portions of the complaint. Plaintiff alleg...