Excerpt: ... Centers, Inc., Derek Carmona, D.C., and Husam Fraihat did not file any opposition. Rather, they filed an “Application to Transfer Motion for Anti-SLAPP Fees to Judicial Officer Kwan” pursuant to Local Rule 2.23. This local rule is inapplicable, because it pertains to applications to reconsider, vacate, or modify orders or judgments when the original judge is unavailable. Cross-defendants do not seek to reconsider, vacate, or modify any order...

Excerpt: ...DEMURRER TO FIRST AMENDED CROSS‐COMPLAINT As a preliminary matter, the Court notes that the cause of action for Fraud is the seventh cause of action. Although the first page of the First Amended Cross-Complaint (“FAXC”) states that Fraud is the eighth cause of action, that is misnumbered because there is no Declaratory Relief cause of action as to Stephanie Mayor (labeled on the first page as the fourth cause of action) contained in the bod...

Excerpt: ...s must be sent to the wrongdoer causing the accident and to any insurer of whom the hospital has knowledge. (County of San Bernardino v. Calderon (2007) 148 Cal.App.4th 1103, 1109.) A lien is created once notice is served, as opposed to when the services are rendered. (Ibid.) Here, defendant allegedly provided notice of its lien pursuant to Civil Code § 3045.3 on December 9, 2019. (FAC ¶ 12.) Under CCP § 3045.3, defendant's lien was created on...

Excerpt: ...ion to strike. “First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected activity.” (Vargas v. City of Salinas (2009) 46 Cal. 4th 1, 16 [citations omitted].) “If the court finds such a showing has been made, it then determines whether the plaintiff has demonstrated a probability of prevailing on the claim.” (Ibid.) The plaintiff demonstrates a probability...

Excerpt: ... 1, 38.) In a demurrer, the court considers only the four corners of the complaint, as well as matters that may be judicially noticed, and assumes the truth of the allegations in the pleading. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Here, defendants contend that, due to the so-called “Exoneration Order” (i.e., the February 11, 2015 Order in Rickley v. Goodfriend, case no. SC081696), they cannot be liable under the sixth cause of action f...

Excerpt: ...UMF 1‐11) A book account is “a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract . . . and shows the debits and credits in connection therewith, and against whom and in favor of whom entries are made, is entered in the regular course of business as conducted by such creditor . . . and is kept in a reasonably permanent form and manner . . . .” (CCP ...

Excerpt: ...TED pursuant to Evidence Code §§452(g) and (h), but only for the limited purposes set forth in Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265. (Fontenot, 198 Cal.App.4th at 265 [“Taken together, the decisions discussed above establish that a court may take judicial notice of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction reflected in a recorded document...

Excerpt: ...igence is barred as a matter of law pursuant to the express waiver and release of liability in Plaintiff's Membership Agreement and Personal Training Agreement. It is undisputed that plaintiff Becky Bayer signed a Membership Agreement and Personal Training Agreement containing waivers of liability for ordinary negligence on the part of defendant Fitness International, LLC, its agents, and employees and that these documents were in effect on the d...

Excerpt: ...ntiff Karen Garcia did not provide defendant a reasonable number of attempts to repair the subject vehicle. (See Silvio v. Ford Motor Co. (2003) 109 Cal.App.4th 1205, 1208 [Song-Beverly Consumer Warranty Act “does not require the manufacturer to make restitution or replace a vehicle if it has had only one opportunity to repair that vehicle”].) In the Complaint, plaintiff alleges that the nonconformities covered by the express written warranty...

Excerpt: ...RRER TO COMPLAINT A. First Cause of Action – Breach of Contract Defendant Jonathan Lau maintains that the terms of the contracts are uncertain because no contracts were attached to the Complaint because the pertinent terms were not set forth verbatim. Although a written contract is usually pleaded by alleging its making and attaching a copy which is incorporated by reference, a written contract can also be pleaded by alleging the making and the...

Excerpt: ...to file a declaration supporting its assertion that the documents requested in Demand for Production, Set One, Nos. 2 and 3 – documents concerning the credentialing and granting of staff privileges to Dr. Reza Khodaverdian – are protected by Evidence Code § 1157(a). Hospital filed a declaration from Rachel Van Houten, Director for Medical Staff Services at Hospital. Van Houten avers that she is familiar with the credentialing process at Hosp...

Excerpt: ...cial notice are DENIED as to the first and second requests. Defendants do not specify the portions of the “entire court file” or “all fillings by Defendant Kosner starting on or after June 8, 2016” in “Family law case file GD052841” for which they seek judicial notice, as required by Cal. Rule of Court 3.1306(c). As to the third request, defendants' request for judicial notice of the Business Search - Entity Detail for The Kosner Firm...

Excerpt: ... DEMURRER Defendant James T. Lin, M.D. demurs to the third cause of action for Elder Abuse. To state a cause of action for Elder Abuse based on neglect, plaintiff must plead: (1) defendants had a substantial custodial relationship with the patient, involving ongoing responsibility for basic needs; (2) the patient was 65 years of age or older; (3) defendants failed to use the degree of care that a reasonable person in the same situation would have...

Excerpt: ...LLC's Motion to Strike Memorandum of Costs, or, in the Alternative, to Tax Costs is GRANTED IN PART. Defendants/cross-complainants Bradley Barnes and BABBB, LLC's Motion to Strike Memorandum of Costs, or, in the Alternative, to Tax Costs is GRANTED. I. WVBAGD, LLC'S MOTION FOR ATTORNEYS' FEES WVBAGD, LLC's request for judicial notice as to Exhibits 1, 2, 3, 7, 9, 10, and 12 and supplemental request for judicial notice as to Exhibits 1-3 are GRANT...

Excerpt: ... 583.310) Defendants bring this motion to dismiss this action on the ground that more than five years have elapsed since the commencement of this action. Plaintiff commenced this action on April 14, 2010. Without any exclusions of time, the time to bring this action to trial would be April 14, 2015. (CCP § 583.310.) However, due to Emergency Rule 10 of the California Rules of Court, that date was extended by six months to October 14, 2015. (Cal....

Excerpt: ...3, 36-38, 41, 42, and 52. The Court notes that these interrogatories were the subject of plaintiff Mona Seraji's Motion for Protective Order heard on February 26, 2021. (Moghaddami Decl. ¶ 8 & Ex. D.) The Court granted the motion as to the first set of Special Interrogatories. The Court ruled that plaintiff was not required to respond to the Special Interrogatories until defendant “limits, modifies, and reduces” them. (Moghaddami Decl. ¶ 8 ...

Excerpt: ...uest for judicial notice as to Exhibit 1 is GRANTED, but only for the existence of the documents, not the truth of the matters asserted therein. (See Evid. Code §452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Plaintiff's request for judicial notice as to Exhibit C is GRANTED, pursuant to Evidence Code § 452(d). II. FIRST CAUSE OF ACTION – DUTY TO DEFEND (UMF 1‐45) To prevail in a declaratory relief action regarding the duty ...

Excerpt: ...contend that plaintiff Long Z. Liu failed to plead sufficient facts for alter ego liability against Anthony Wong, the alleged agent of Concord Realty, Inc. (“Concord”), and Mi Nor Chan Ley, the manager of WLW, LLC (“WLW”). (Compl. ¶¶ 8-10.) With respect to defendant Wong, plaintiff effectively alleges that Wong misrepresented verbally and in writing that WLW would install a restroom in the subject premises and that there was no issue in...

Excerpt: ...rt considers plaintiff Robert Avellanet's opposition. (Correia v. NB Baker Electric, Inc. (2019) 32 Cal.App.5th 602, 613 [“The circumstances surrounding an untimely opposition to a petition or motion to compel arbitration should be viewed under ‘the strong policy of the law favoring the disposition of cases on the merits . . . .'”].) The opposition was served and filed nine court days before the hearing. Defendant FCA US, LLC (“FCA”) ha...

Excerpt: ...on. In the notice of motion, defendant cites two statutes upon which this motion is brought, CCP §§ 473(a) and 663. (Motion at 2:1.) CCP § 473(a) does not apply because defendant is not seeking to amend a pleading or file an answer. CCP § 663 does not apply because defendant is not seeking entry of a different judgment. (Hearn v. Howard (2009) 177 Cal.App.4th 1193, 1207, fn. 5 [“Because the relief appellant sought would not involve the entr...

Excerpt: ...V ENTERPRISES.” (Sarkisyan Decl. ¶ 3 & Ex. A.) In a verified response numbered as “17” and dated November 17, 2020, plaintiff wrote “Admit.” (Sarkisyan Decl. ¶ 4 & Ex. B.) CCP § 2033.300(b) states: “The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially...

Excerpt: ...ach paper must specify the date, time, and location of any scheduled hearing and the name of the hearing judge, the date of filing of the action, and the trial date. Plaintiff Rafik Yakobiyans contends that the motion was inadequately noticed. The only item missing on the first page is the time of the hearing. However, as evidenced by the first page of plaintiff's opposition, plaintiff was able to ascertain that the hearing is at 10:00 a.m. on Ap...

Excerpt: ... A, B, C, E, and G and petitioners' request for judicial notice as to Exhibits A, C, D, and E are GRANTED, but only for the existence of the documents, not the truth of the matters asserted therein. (See Evid. Code § 452(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Respondents' request for judicial notice as to Exhibits D and F and petitioners' request for judicial notice as to Exhibit B are GRANTED, pursuant to Evidence Code § 45...

Excerpt: ...52(d); Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564-69.) Defendant Kalantar's requests for judicial notice as to Exhibits E through G and second request for judicial notice as to Exhibit A are GRANTED, pursuant to Evidence Code § 452(d). Res judicata bars the litigation of this action against Dr. Kalantar in this action. “Claim preclusion applies when ‘(1) the decision in the prior proceeding is final and on the merits; (2) the present ...

Excerpt: ...a Adventist Health Glendale is CONTINUED. Plaintiff Jason Yanuzzi's Motions to Compel Further Responses to Demand for Production, Set One from defendant Reza Khodaverdian, M.D. is DENIED as MOOT. Plaintiff Jason Yanuzzi's Motions to Compel Further Responses to Special Interrogatories, Set Two from defendant Reza Khodaverdian, M.D. is GRANTED. I. PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO DEMAND FOR PRODUCTION, SET ONE FROM DEFENDANT GLENDA...