Excerpt: ...uled. Plaintiffs' objections did not quote or set forth the objectionable statement or material, or otherwise comply with the format set forth in Cal. Rules of Court, Rule (“CRC”) 3.1354(b). In addition, Plaintiff did not submit a separate proposed order as required under CRC Rule 3.1354(c). The Court makes the following ruling to Defendant's objections: Defendant's objections 1 to 12 to the declaration of Eris J. Barillas are overruled. Back...

Excerpt: ... Ava Inc.'s Motion to Strike Portions of Cross-Complaint is moot. Meet and Confer Cross-Defendant filed meet and confer declarations in sufficient compliance with CCP §§ 430.41 and 435.5. (Decl., Shant Hagopian, ¶¶ 6-7.) Request for Judicial Notice Cross-Defendant's request for judicial notice of the Complaint is granted pursuant to Evid. Code § 452(d). Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises on...

Excerpt: ...f Complaint is moot. Meet and Confer Defendant filed meet and confer declarations in sufficient compliance with CCP §§ 430.41 and 435.5. (Decls., Ali Ameriopour, ¶ 2.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded...

Excerpt: ...LING Artur Ambartsumyan, P.A. Defendant Artur Ambartsumyan, P.A.'s Motion for Summary Judgment and/or Summary Adjudication is continued. As to Defendant Artur Ambartsumyan, P.A., in the opposition, Plaintiffs made a specific request for a denial of this motion because Plaintiffs have not been able to take this party's deposition. Code Civ. Proc., § 437c(h) states: “If it appears from the affidavits submitted in opposition to a motion for summa...

Excerpt: ...denied. Objections Declaration of Ivette Zamora: Objections 1, 2, and 4 are sustained. Objection 3 is overruled. Declaration of Jordan Mott: Objection 1 is sustained. Request for Judicial Notice Fair's request for judicial notice and supplemental request for judicial notice is granted. Motion to Stay Arbitration On September 19, 2018 Defendant Xchange Leasing, LLC (“Xchange”) filed its petition to compel arbitration. As part of the petition, ...

Excerpt: ...r summary judgment as to the Cross-Complaint in Intervention brought by Plaintiff in Intervention cannot be ruled upon because Cross-Defendant Patrick Brooks is currently in default. Therefore, the appropriate method to seek judgment as to the Cross-Complaint in Intervention is via an application for default judgment. Inasmuch as the Cross-Complaint in Intervention includes a cause of action to Quiet Title, the application for default judgment mu...

Excerpt: ...tion, written notice of motion, or other similar paper must be signed by at least one attorney of record in the attorney's individual name or, if the party is not represented by an attorney, must be signed by the party. An attorney or unrepresented party who presents a pleading, motion or similar paper to the court makes an implied “certification” as to its legal and factual merit; and is subject to sanctions for violation of this certificati...

Excerpt: ...to Plaintiff's request for judicial notice of Exhibits 1 to 4 is sustained. Exhibit 1 is an excerpt from the deposition of Plaintiff. Exhibit 2 is Plaintiff's hand drawn map of the airport terminal entrance. Exhibit 3 is an airport terminal diagram. Exhibit 4 is an email from Defense counsel for Southwest notifying the parties that the Court had vacated the trial date and final status conference date and that Southwest is withdrawing the portion ...

Excerpt: ...ion for her not reciprocating his advances. The Complaint alleges the following causes of action: 1. Sexual harassment–quid pro quo; 2. Sexual harassment–hostile work environment; 3. Failure to prevent harassment and relation (Gov. Code, § 12940(k)); 4. Sexual battery and assault; 5. Negligent supervision, retention and hiring; 6. Negligent infliction of emotional distress; 7. Intentional infliction of emotional distress; 8. Retaliation; 9. ...

Excerpt: ...�LAUSD”) Demurrer to Complaint is overruled. Defendants Autism Learning Partners' (“Autism Learning”) Demurrer to Complaint is sustained with 20 days leave to amend. Defendant Oscar Renteria's (“Renteria”) Demurrer to Complaint is sustained with 20 days leave to amend. Meet and Confer Defendant LAUSD submitted a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Natasha D. Travis, ¶¶ 3-5.) Defendants Auti...

Excerpt: ...ient compliance with CCP 439(a). (Decl., Juan Hong, ¶ 2.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded factual allegations; (2) facts that can be reasonably inferred from those expressly pleaded; and (3) judicially...

Excerpt: ...section 128.7, subdivision (a), every pleading, petition, written notice of motion, or other similar paper must be signed by at least one attorney of record in the attorney's individual name or, if the party is not represented by an attorney, must be signed by the party. An attorney or unrepresented party who presents a pleading, motion or similar paper to the court makes an implied “certification” as to its legal and factual merit; and is su...

Excerpt: ...tates, in relevant part: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists ….” “California law reflects a strong public policy in favor of arbitrat...

Excerpt: ...ummary Adjudication is granted. Request for Judicial Notice Defendant's request for judicial notice is granted pursuant to Evid. Code Section 452(d). The Court takes judicial notice of the existence of the Court's record in small claims case number 15S01956 but does not take judicial notice of the truth of any matter set forth in the record. “Taking judicial notice of a document is not the same as accepting the truth of its contents or acceptin...

Excerpt: ...f Trust states, in relevant part: “If … (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument … then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument …. Lender's actions can include, but are not limited to … (b) appearing in court; and (c) paying re...

Excerpt: ... Complaint is overruled, in part, and sustained, in part, with 20 days leave to amend. Meet and Confer Defendants set forth a meet and confer declaration in sufficient compliance with CCP § 430.41 and CCP § 435.5. (Declaration of Robert C. Jenkins, ¶¶ 2.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the ...

Excerpt: ...dant set forth a declaration in sufficient compliance with CCP § 439(a). (Decl., Adolfo B. Garber, ¶¶ 2-5.) Request for Judicial Notice Defendant's request for judicial notice of the orders of this Court is granted pursuant to Evid. Code § 452(d). Motion for Judgment on the Pleadings A motion for judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. Code Civ. Proc., § 438, ...

Excerpt: ...uest for Judicial Notice Defendant's Request for Judicial Notice is granted pursuant to Evidence Code Section 452(h). Motion to Set Aside Default and to Quash Service 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 against him or her in the action, he or she may serve and file a notice of motion to...

Excerpt: ...-Defendant”) Objections Cross-Defendant's objections 1 to 5 and 11 are sustained. Cross-Defendant's objections 6 to 8 are overruled. The Court declines to rule on objections 9, 10, and 12. This evidence is directed to the issue of damages which is not relevant as a triable issue of fact exists regarding liability. The Court need only rule on those evidentiary objections that it deems material to disposition of the motion. CCP § 437c(q). Cross-...

Excerpt: ...th a meet and confer declaration in sufficient compliance with CCP § 430.41. (Decl., Kevin K. Heravi, ¶¶ 3-5.) Request for Judicial Notice Defendant's request for judicial notice of Exhibit A, the Minutes of the Regular Meeting of the El Segundo City Council, Sept. 2, 2014, is granted pursuant to Evidence Code Section 452(h). Defendant's request for judicial notice of Exhibit B, which is purported to be the “[f]ully executed Agreement No. 46...

Excerpt: ...ce with CCP § 430.41. (Declaration, David Breitburg, ¶¶ 1-5.) Demurrer A demurrer tests the sufficiency of a complaint as a matter of law and raises only questions of law. (Schmidt v. Foundation Health (1995) 35 Cal.App.4th 1702, 1706.) In testing the sufficiency of the complaint, the court must assume the truth of (1) the properly pleaded factual allegations; (2) facts that can be reasonably inferred from those expressly pleaded; and (3) judi...

Excerpt: ...,000 within 14 days of the hearing. Objections Defendant's objections 1 to 4 are sustained. Application for Preliminary Injunction “In determining whether to issue a preliminary injunction, the trial court considers two related factors: (1) the likelihood that the plaintiff will prevail on the merits of its case at trial, and (2) the interim harm that the plaintiff is likely to sustain if the injunction is denied as compared to the harm that th...

Excerpt: ...er declaration in sufficient compliance with CCP § 430.41. (Declaration, Greg K. Koeller, ¶¶ 6-7.) Demurrer First Cause of Action for Sexual Battery (Civ. Code § 1708.5) Defendant's demurrer to the first cause of action is sustained with 20 days leave to amend. Plaintiff fails to state facts sufficient to constitute a cause of action against demurring Defendant. Civ. Code, § 1708.5(a) states: “(a) A person commits a sexual battery who does...

Excerpt: ...dant Gallagher Bassett Services, Inc.'s Demurrers to the First Amended Complaint (“FAC”) are sustained with 20 days leave to amend, in part, and without leave to amend, in part. The demurrers to the first through third causes of action are sustained with 20 days leave to amend. The demurrers to the fourth cause of action are sustained without leave to amend. Meet and Confer Defendants filed meet and confer declarations in sufficient complianc...

Excerpt: ...ted her with illicit drugs and used her resulting helplessness to rape her. The First Amended Complaint (“FAC”) alleges the following causes of action: (1) Assault, (2) Battery, (3) General Negligence, (4) Negligent Hiring, Supervision, Retention, (5) Sexual Assault and Battery, (6) Sexual Harassment, (7) Gender Violence, (8) Negligent Per Se, (9) Sexual Battery, (10) Intentional Infliction of Emotional Distress, (11) Negligent Infliction of ...