Excerpt: ...OOD FAITH SETTLEMENT Plaintiff, real estate agent with Defendant Michael Edlen Real Estate, alleges that she was sexually battered by Defendant Nicolas Beauvy, a real estate agent colleague employed by Defendant Coldwell Banker Residential Brokerage Company. The real estate defendants allegedly did not address Plaintiff's complaints about this incident. Plaintiff alleges that Defendant Michael Edlen Real Estate also had someone follow and surveil...

Excerpt: ... proper. Defendant West Hills Hospital's motion to strike the Complaint is GRANTED with leave to amend as to the following portions, as specified in the notice of motion: Paragraph 15, Page 3, line 24 to Page 4, line 9; Paragraphs 16, 17, 18, 19, and 20; Paragraph 21, page 5, line 18; Paragraph 21, page 5, lines 19‐28; Paragraph 22, page 5, lines 3‐20; Paragraph 23, page 6, lines 21‐26; Paragraph 24; Paragraph 27, page 7, line 27 to page 8,...

Excerpt: ...nt to appear and argue. If notice of intention to appear is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling. This is an action seeking refund of property taxes and attorneys' fees following a determination by the County of Los Angeles Assessment Appeal Board's determination upholding Defendant County of Los Angeles's property tax assessment against Plaintiff's property. Defendant County of Lo...

Excerpt: ...tiff is to file a Memorandum of Costs pertaining to the costs and expenses sought. ANALYSIS Motion For Attorneys' Fees, Costs and Expenses Request For Judicial Notice Defendant requests that the Court take judicial notice of various minute orders, rulings, and judgments in other superior court cases. The requests are GRANTED per Evid. Code § 452(d)(court records) for the purposes of showing prevailing market rate in the community. Discussion Att...

Excerpt: ...., to the Complaint is OVERRULED as to the first, second, third, fourth, fifth, sixth, ninth, tenth, eleventh and thirteenth causes of action, and SUSTAINED with leave to amend as to the seventh, eight and twelfth causes of action. The motion to strike is GRANTED with leave to amend as to the punitive damage allegations at Plaintiff's Summary, Page 1, line 9, “punitive damages”; Page 8, the entirety of paragraph 18; Page 10, the entirety of p...

Excerpt: ... ANALYSIS Motion To Compel Arbitration and Stay Action Discussion Defendant American Builders & Contractors Supply Co., Inc., erroneously sued as American Builders and Contractors Supply Co. moves to compel arbitration and to stay this action. Under California law, arbitration agreements are valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. (Blake v. Ecker (2001) 93 Cal.Ap...

Excerpt: ...he Cross‐ Complaint is deemed to be served upon all parties who received a copy with this motion. The Cross‐Complaint is to be properly served per code upon the Cross‐Defendants who are new to this action. ANALYSIS Motion For Leave To File Cross‐Complaint Defendants Young Kook Choi and Yeong A Ryu move for leave to file a Cross-Complaint against the persons who sold the subject property to Defendants, based upon undisclosed pre-existing h...

Excerpt: ...proper. Defendant West Hills Hospital's motion to strike the Complaint is GRANTED with leave to amend as to the following portions, as specified in the notice of motion: Paragraph 15, Page 3, line 24 to Page 4, line 9; Paragraphs 16, 17, 18, 19, and 20; Paragraph 21, page 5, line 18; Paragraph 21, page 5, lines 19‐28; Paragraph 22, page 5, lines 3‐20; Paragraph 23, page 6, lines 21‐26; Paragraph 24; Paragraph 27, page 7, line 27 to page 8, ...

Excerpt: ...vices Group, Inc., RMA Geoscience, Inc., and Edward Lyon's motion to transfer venue to San Bernardino County is GRANTED. The case is ordered transferred to the San Bernardino County Superior Court. Plaintiff is ordered to pay the change of venue fees pursuant to Item 61 of the Los Angeles County Superior Court fee schedule within 7 days. ANALYSIS Motion To Transfer Venue The Court agrees with Plaintiff that this motion was served on insufficient ...

Excerpt: ... court after Defendant had already answered the Complaint on September 23, 2021. Defendant Battle‐Tested Strategies, LLC's motion to compel arbitration is GRANTED. The litigation is ordered stayed pending arbitration. (Code Civ. Proc., § 1281.4.) ANALYSIS Motion To Compel Arbitration and Stay Action Discussion On December 28, 2021, Plaintiff filed a First Amended Complaint without leave of court. This was improper, as Defendant Battle-Tested S...

Excerpt: ...ller Defendants filed a Cross-Complaint alleging that Plaintiff breached the agreement to purchase the real property. Cross-Defendants Oquarium Investments LLC and Michell LeFleur demur to the Cross- Complaint. The copy of the demurrer electronically filed with the Court does not appear to have a proof of service attached. Given that no opposition was filed, the Court is concerned whether proper notice was given. TENTATIVE RULING Conditioned upon...

Excerpt: ...ded answer to the Third Amended Complaint. TENTATIVE RULING Defendant Watts Healthcare Corporation's motion for leave to file a First Amended Answer to the Third Amended Complaint is GRANTED. Defendant is to file a stand‐alone copy of the First Amended Answer today, which is deemed served upon the parties listed in the proof of service as of the date of this order. ANALYSIS Discussion Defendant Watts Healthcare Corporation moves for leave to fi...

Excerpt: ... GRANTED. Defendant's request for an award of fees and costs in bringing this motion is DENIED. Given the ruling on the motion to quash, the Court deems the demurrer to be MOOT. ANALYSIS Motion To Quash Service of Summons Defendant Betty Hanson moves to quash service of summons. “When a defendant challenges [personal] jurisdiction by bringing a motion to quash [pursuant to CCP § 418.10], the burden is on the plaintiff to prove the existence of...

Excerpt: ...ber 24, 2021 order. TENTATIVE RULING The Court will take oral argument regarding Plaintiff Karen Brown's motion for terminating and evidentiary sanctions before issuing a ruling. Plaintiff's request for the appointment of a discovery referee is DENIED. Plaintiff's request for monetary sanctions is DENIED. ANALYSIS Motion For Terminating and/or Evidentiary Sanctions Discussion Plaintiff moves for terminating sanctions and/or evidentiary sanctions,...

Excerpt: ...s GRANTED. The litigation is ordered stayed pending arbitration. (Code Civ. Proc., § 1281.4.) ANALYSIS Motion To Compel Arbitration and Stay Action Request For Judicial Notice Defendant requests that the Court take judicial notice of the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association is GRANTED. The Court may take judicial notice of arbitration rules. (Izzi v. Mesquite Country Club (1986) 186 Cal.Ap...

Excerpt: ...ion. Defendant's motion to strike is DENIED as to ¶ 96, Pages 20‐21 re: civil penalties pursuant to Civil Code § 1794(c). The motion to strike is GRANTED with leave to amend as to Page 24:19, Prayer h re: punitive damages and GRANTED without leave to amend as to ¶¶ 101 – 105 re: the fifth cause of action for breach of implied warranty of merchantability. Plaintiffs are given 30 days' leave to amend. Plaintiffs will only be given one more ...

Excerpt: ...position is CONTINUED to January 27, 2022 at 8:30 AM. Plaintiff's separate statement, as ordered by the Court, is due January 7, 2022. Defendant's opposing separate statement is due January 17, 2022. The Court will address Defendant's counter‐request for sanctions at the continued hearing. The parties are encouraged to reach an agreement on a deposition date to render this motion moot. ANALYSIS: Motion To Compel Deposition Defendant's Evidentia...

Excerpt: ...ourt issue an order for an in camera production of such files for purposes of an in camera review. TENTATIVE RULING Defendant County of Los Angeles's motion for an order that investigations files need not be produced absent a filing of a successful Pitchess motion by plaintiff pursuant to Evidence Code sections 1040, 1043 and 1045, and an in camera review of such records is GRANTED. ANALYSIS Motion For Protective Order Defendant County of Los Ang...

Excerpt: ...ded Answer to the Second Amended Complaint is DENIED in its entirety. ANALYSIS Motion To Strike Re: Second Amended Answer Meet and Confer The Declaration of Steve Lopez reflects that the meet and confer requirement set forth in CCP § 435.5 was satisfied. Discussion Plaintiff/Cross-Defendant moves to strike the following portions of the Second Amended Answer to the Second Amended Complaint filed by Defendants. Specifically, plaintiff seeks to str...

Excerpt: ...de the eighth cause of action for PAGA and the ninth cause of action for unfair competition. TENTATIVE RULING Defendants Action Sales and Metal Company, Inc. and Bruce Falk's motion for an order that only the trial court shall decide the eighth cause of action for PAGA and the ninth cause of action for unfair competition is GRANTED IN PART as follows: The jury and Court will hear all evidence in a single trial. The jury will decide the third thro...

Excerpt: ...ment set forth in CCP § 430.41. Discussion 1. Sixth Cause of Action (Fraud By Omission). A. Re: Economic Loss Rule. Defendant's argument that the fraud claim is barred by the economic loss rule is not persuasive. The 1AC alleges at ¶¶ 16 and 86 that the cooling system defect renders the vehicle unreasonably dangerous because it can cause engine failure while the vehicle is in operation, at any time and under any driving condition or speed, the...

Excerpt: ... Technologies Group, LLC move to change venue to Marin County. Defendant Mark Hinds filed a notice of joinder. TENTATIVE RULING Defendant Mark Hinds' notice of joinder is DENIED as untimely. Defendants Sonaphi, LLC and Resonant Technologies Group, LLC's motion to change venue to Marin County is DENIED without prejudice. Defendants may bring a renewed motion which addresses the Court's comments. ANALYSIS: Notice of Joinder Defendant Mark Hinds' no...

Excerpt: ...iff moves to compel the deposition of Ali Zaghari, Volume II, and requests sanctions. Zaghari is a former supervisory employee whose first deposition session was successful on February 24, 2020, but Plaintiff explicitly left the deposition open at the end of the day, as inquiry was incomplete. (Ruiz Decl., ¶ 3; Exh. 1.) Shortly thereafter, the COVID-19 pandemic and associated lockdowns began, delaying depositions in this action. (Ruiz Decl., ¶ ...

Excerpt: ...TIVE RULING The anti‐SLAPP special motion to strike the entire Complaint is GRANTED. Defendant Aileen Federizo is ordered dismissed with prejudice. The anti‐SLAPP special motion to strike the entire Complaint is GRANTED. Defendants Lauriann Wright, Sarah Farr, and Garen Kirakosian are ordered dismissed with prejudice. ANALYSIS Defendant Aileen Federizo's Anti‐SLAPP Special Motion To Strike Defendant Aileen Federizo brings this anti-SLAPP sp...

Excerpt: ...ve order as to written discovery. TENTATIVE RULING Plaintiffs Jeffrey Fried and Tamar Dames' motion for leave to file a First Amended Complaint is GRANTED. Plaintiffs are to file a stand‐alone copy of the First Amended Complaint today, which is deemed served upon the parties listed in the proof of service as of the date of this order. The hearing on Plaintiffs' motion for protective order is CONTINUED to February 16, 2022 at 8:30 AM. The partie...

Excerpt: ...rtel Reid's signature. Other Cross-Defendants are alleged to have conspired with Gerald Reid to obtain loan proceeds. Defendant Center Street Lending Corporation filed a Cross-Complaint alleging that Cross- Defendants made misrepresentations in obtaining a loan from Center Street that the loan was not an owner-occupied loan, and also that Gerald Reid (Martel Reid's son) may have impersonated Martel Reid in executing the loan documents. Plaintiff ...

Excerpt: ... October 8, 2021 Order on Defendant's Motion for Summary Adjudication or, in the alternative, modification of order. TENTATIVE RULING Defendant Allied Protection Services, Inc.'s motion for clarification from the Court regarding the Court's October 8, 2021 Order on Defendant's Motion for Summary Adjudication or, in the alternative, modification of order is DENIED. ANALYSIS Motion For Clarification Or, In The Alternative, Modification Defendant Al...

Excerpt: ...on is GRANTED. The litigation is ordered stayed pending arbitration. (Code Civ. Proc., § 1281.4.) The parties are ordered to meet and confer to agree upon the arbitral forum. If the parties are unable to agree, Defendants may request a hearing to resolve the dispute. Regardless of the forum, Defendants will bear all costs of arbitration and the arbitrator's fees. ANALYSIS Motion To Compel Arbitration and Stay Action Defendants Ross Stores, Inc. ...

Excerpt: ...nc. and David Kaye, an individual formerly d/b/a Flightblitz I. TENTATIVE RULING: PRO HAC VICE APPLICATION The application of Alan Kaufman to appear pro hac vice on behalf of Defendants Tzell Travel, LLC, Tzell Holdings, LLC, Tzell Travel Group, LLC, and All Star Travel Holdings, LLC is GRANTED, conditioned upon providing proof that the $50 fee was paid to the State Bar of California. The declaration of Ryan E. Cosgrove in connection with the mot...

Excerpt: ... request that the Court take judicial notice of the Complaint filed in this action is GRANTED per Evid. Code § 452(d)(court records). Discussion Defendant Mercedes-Benz moves to compel arbitration and to stay this action. The Court addresses Plaintiff's waiver argument first. In the Opposition, Plaintiff argues that Defendant has waived the right to compel arbitration by delaying this motion until less than two months before trial and a year aft...

Excerpt: ...aintiff, taking pictures of her at a distance. Defendant Nicholas Beauvy moves for a determination of good faith settlement. TENTATIVE RULING Defendant Michael Edlen Real Estate's motion for determination for good faith settlement is GRANTED. ANALYSIS Renewed Motion For Determination of Good Faith Settlement Defendant Nicholas Beauvy filed a renewed motion for a determination of good faith settlement. CCP § 877.6(a)(1) provides: Any party to an ...

Excerpt: ... given 30 days leave to amend. This will be Plaintiff's final opportunity to amend. Demurrer Meet and Confer The Declaration of Howard M. Privette reflects that Plaintiff's counsel did not respond to meet and confer efforts. This satisfies CCP § 430.10(a)(3)(B). Request For Judicial Notice At Page 13 of the Memorandum of Points and Authorities in Support of the Demurrer, Defendant implicitly “requests” that the Court take judicial notice of ...

Excerpt: ...F HOA Funds were used to repair the damage, instead of being paid out of Ahn's own pocket. The WF HOA Board approved renovation plans of the development's common-interest areas, collecting $15,000 from each residential unit, but promised Defendant Metropolitan Architecture by Suh, Inc. (“MAS”) and Suh that MAS would be the exclusive contractors for the renovation plans, despite the CC&Rs requiring that the Board obtain at least two estimates ...

Excerpt: ...ng her to continue her temporary assignment of performing contact tracing. Defendant County of Los Angeles moves to compel production of subpoenaed business records from Plaintiff's medical provider, and requests sanctions. TENTATIVE RULING Defendant County of Los Angeles' motion to compel production of documents pursuant to subpoena is GRANTED as to documents dated 01/01/2018 to present. Defendant's request for sanctions is DENIED. The notice of...

Excerpt: ...an for accepting a fraudulent transfer of real property. Plaintiff also sued its insurers, West American Insurance Company and Ohio Security Insurance Company, for bad faith denial of policy benefits. Defendants West American Insurance Company and Ohio Security Insurance Company move to sever the non-insurance claims from the insurance claims. TENTATIVE RULING Defendants West American Insurance Company and Ohio Security Insurance Company's motion...

Excerpt: ...t take judicial notice of the legislative history regarding the PAGA legislation is DENIED as not necessary to this Court's determination. The Court need only take judicial notice of relevant materials. (Mangini v. R.J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063, overruled in part on other grounds noted in In re Tobacco Cases II (2007) 41 Cal.4th 1257, 1276.) The Court may deny a request for judicial notice of material unnecessary to its de...

Excerpt: ...ministrative fees and loaner fees in excess of $2,000 a month, which Plaintiff has paid out-of-pocket. Defendant Farmers Insurance Exchange demurs to the First Amended Complaint and moves to strike portions thereof. TENTATIVE RULING Defendant Farmers Insurance Exchange's demurrer to the First Amended Complaint is OVERRULED as to the third and seventh causes of action and SUSTAINED with leave to amend as to the sixth cause of action. Defendant's m...

Excerpt: ...e First Amended Complaint. TENTATIVE RULING Defendant Jill Small's anti‐SLAPP special motion to strike and request for sanctions is DENIED. Defendant is ordered to answer the First Amended Complaint within 10 days. ANALYSIS Anti‐SLAPP Special Motion To Strike Discussion Defendant Jill Small brings an anti-SLAPP special motion to strike as to the First Amended Complaint. In ruling on a defendant's special motion to strike, the trial court uses...

Excerpt: ...ures, Inc., Mark Leslie Lester and Titan Global Entertainment, Inc.'s motion for summary judgment is DENIED. Defendants' motion for summary adjudication is DENIED as to the first, third, fourth, and fifth causes of action and GRANTED as to the second and sixth causes of action. ANALYSIS Request For Judicial Notice Defendants' Reply request that the Court take judicial notice of the 1AC filed in this action is GRANTED per Evid. Code § 452(d)(cour...

Excerpt: ...tiff's deposition requests and produce responsive documents. DISCUSSION: Motion To Compel Deposition Defendant Kia America, Inc. moves to compel Plaintiff's deposition. CCP § 2025.450 provides in pertinent part: (a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served ...

Excerpt: ...aintiff. Plaintiff seeks to rescind the purchase of each of its purchases of Rubicon's membership interests. Defendant Rubicon Entertainment LLC filed a Cross-Complaint for declaratory relief and indemnity against Cross-Defendants Robert O. Kaplan and Douglas McKay. Cross-Defendant Robert O. Kaplan moves to compel arbitration of the Cross-Complaint. TENTATIVE RULING\ Cross‐Defendant Robert O. Kaplan's motion to compel arbitration of the claims ...

Excerpt: ...default. TENTATIVE RULING Plaintiff Eva Kowalski's application to seal is DENIED. Pursuant to CRC Rule 2.551(b)(6), moving party has 10 days to notify the Court whether the lodged record is to be filed unsealed, otherwise, the lodged record will be returned to Plaintiff. Given the ruling on the application to seal, the hearing on Defendants Brett Ratner and RatPac Entertainment, LLC's motion to set aside default is CONTINUED to December 3, 2021 a...

Excerpt: ...Defendants committed waste on the property. Cross-Defendant Standish also allegedly caused Cross-Complainant to be forced to accept a lower sales price from a buyer of the property due to Standish's threatening and extortionary behavior. Plaintiffs William Standish and Kenningar, Inc. move for sanctions against Defendant Jaswinder Dhinsa, as Trustee of the Dhinsa Trust dated February 9, 2015, and his counsel, Charlton Weeks LLP and Bradley Weeks,...

Excerpt: ...'s supplemental brief is due November 19, 2021. Defendant's supplemental brief is due December 3, 2021. The issue to be briefed is limited to the change of venue issue. ANALYSIS “Motion To Dismiss Defendant brings this “motion to dismiss” on the following grounds: (1) improper venue; (2) failure to state a claim; (3) missing necessary and indispensable parties. This is actually a motion to change venue and a demurrer to the Complaint. Altho...

Excerpt: ...g her to continue her temporary assignment of performing contact tracing. Defendant County of Los Angeles moves to compel production of subpoenaed business records from Plaintiff's medical provider, and requests sanctions. TENTATIVE RULING The hearing on Defendant County of Los Angeles' motion to compel production of documents pursuant to subpoena is CONTINUED to November 19, 2021 at 8:30 a.m. Defendant is to submit a separate statement setting f...

Excerpt: ... notice of the bidding history as to the sale of the subject vehicle, as reflected in an Internet article. The request is DENIED. Plaintiff's objection is SUSTAINED. The article is inadmissible hearsay, not subject to any exceptions to the hearsay rule. “Simply because information is on the Internet does not mean that it is not reasonably subject to dispute. (Evid. Code, § 452, subds. (g), (h).)” (Huitt v. Southern California Gas Co. (2010) ...

Excerpt: ...s Nos. 5 and 6 re: the third cause of action., Issue No. 7 re: the fourth cause of action, and Issues No. 10 and 11 re: the seventh cause of action. The motion for summary adjudication is GRANTED as to Issue No. 4 re: the second cause of action, Issue No. 8 re: the fifth cause of action, Issue No. 9 re; the sixth cause of action, Issue No. 12 re: the eighth cause of action, Issue No. 13 re: the ninth cause of action, Issue No. 14 re: the tenth ca...

Excerpt: ... 33:16 (punitive damages) is DENIED. Defendant is to answer the First Amended Complaint within 10 days. DISCUSSION: Demurrer Meet and Confer The Declaration of Cameron Major reflects that Defendant's counsel satisfied the meet and confer requirement set forth in CCP § 430.41. Demurrer Discussion 1. Third Cause of Action (Fraudulent Inducement—Concealment). A. Re: Failure To Plead Fraud With Specificity. Fraud causes of action must be pled with...

Excerpt: ...A, LLC (formerly known as Miller Coors USA LLC); Cullen Jordan and Tamara Orozco demur to the First Amended Complaint and move to strike portions thereof. Specially-appearing Defendant Molson Coors Beverage Company filed a notice of joinder in the demurrer and motion to strike filed by Defendants Molson Coors Beverage Company USA, LLC (formerly known as MillerCoors LLC); Molson Coors USA, LLC (formerly known as Miller Coors USA LLC); Cullen Jorda...

Excerpt: ...e parties settled this lawsuit, and Plaintiff now seeks an award of attorney's fees in the amount of $28,193.00 plus a multiplier of 0.1 in the amount of $2,819.30 for a total of $31,012.30 and costs in the amount of $1,280.76, for a total amount of $32,293.06. Plaintiff brought causes of action pursuant to the Song-Beverly Act, Civil Code § 1790, et seq. Civil Code, § 1794(d) provides: (d) If the buyer prevails in an action under this section,...