Excerpt: ...es to the Request for Production of Documents by mail. (See Exhibit B to Zakariaie Decl.; see also Reynolds Opp. Decl. ¶ 7.) On October 7, 2019, Plaintiff 632 N Palm Drive, LLC filed a motion to compel Defendant Gold Pacific Construction, Inc. to provide further responses to request for production of documents. LEGAL STANDARD Requests for production of documents Code of Civil Procedure section 2031.310 governs motions to compel further responses...

Excerpt: ...enrichment, and breach of fiduciary duty. Plaintiff alleges that Liu Tong Kuang (“Mr. Liu”) was, at all times relevant hereto, a director of JCTLA. (Id. ¶ 17.) Plaintiff was hired by Defendants “to renovate a home on the Property [at 433 South Beverly Glen Boulevard, Los Angeles, California 90024] and to get it rented and then manage all facets of the Property.” (Id. ¶¶ 16, 18.) Plaintiff further alleges that “Mr. Liu, in his capacit...

Excerpt: ...tion to Semler's in-house counsel, Evan Bardo. Pelissier argues that Semler's in-house counsel must be vicariously disqualified from acting as counsel in this matter pursuant to Rule 1.9(c). On July 11, 2019, the Court denied Defendant Colette Pelissier's ex parte motion specially set a hearing for the motion to disqualify counsel. LEGAL STANDARD “ ‘A trial court's authority to disqualify an attorney derives from the power inherent in every c...

Excerpt: ...n Ysidro Dr., Beverly Hills, CA 90210. On February 14, 2020, Proposed Plaintiff-in-Intervention State Farm Fire & Casualty Company filed a motion for leave to intervene. This motion is unopposed. On September 8, 2020, this action was transferred from the Personal Injury Court to Department M in Santa Monica. LEGAL STANDARD For mandatory intervention, Code of Civil Procedure section 387(d) provides that a court shall, upon timely application, perm...

Excerpt: ...d (3) private nuisance. Plaintiff is a condominium owners association and a nonprofit benefit corporation under the Davis-Stirling Common Interest Development Act. (See Compl. ¶ 2.) On July 10, 2018, Plaintiff amended the complaint to substitute Doe 1 for Global Network Investments, LLC (see 7/10/2018 amendment) and dismissed Cynergy Group Intl LLC without prejudice. (See 08/16/2018 request for and entry of dismissal.) Plaintiff alleges that the...

Excerpt: ...il 5, 2019. The April 5, 2019 complaint was filed by Jeremiah Langer, two minors, Max Langer and Henry Langer. (See Compl.). The Complaint alleges causes of action against Omar Minwalla, The Institute for Sexual Health, and Does 1 -100 for (1) malpractice, (2) “willful and reckless disregard,” (3) negligent infliction of emotional distress; (4) intentional infliction of emotional distress, (5) breach of fiduciary duty; and (6) fraudulent conc...

Excerpt: ...iff's home. Plaintiff alleges that Defendant was intoxicated. Plaintiff and another neighbor allegedly helped Defendant out of the crashed vehicle. Plaintiff also alleges that Defendant was unconscious for about an hour after the accident due to Defendant's intoxication. Plaintiff seeks punitive damages based on defendant's alleged malicious conduct. On June 26, 2020, Brian Lysaght filed a motion to strike. Defendant seeks to strike five items fr...

Excerpt: ...a were requests 1-8. (Id.) The parties agreed to extend the discovery deadlines to facilitate a mandatory settlement conference in December 2019. Defendants served their objections and verified responses on March 2, 2020. (Vu Dec., ¶10, Exs. 11- 16). The parties agreed to extend the deadline to file the motions to compel further from April 16, 2020 to May 25, 2020. (See Vu Decl. ¶ 11.) On May 25, 2020, Plaintiff filed the motions to compel furt...

Excerpt: ...luding but not limited to filing fees. (Code Civ. Proc., §1033.5(a)(1). Under Code of Civil Procedure section 1033.5(c)(2), allowable costs are only recoverable if they are “reasonably necessary to the conduct of the litigation.” Even mandatory costs, when incurred unnecessarily, are subject to section 1033(c)(2). (Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 245.) Section 1033.5(c)(4) provides that “[i]tems not ...

Excerpt: ...e are used to reach defects or objections to pleadings that are not challengeable by demurrer (i.e., words, phrases, prayer for damages, etc.). (See Code Civ. Proc., §§ 435, 436 & 437.) “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437.) “The court may, upon a motion made pursuant to Section 435, or at...

Excerpt: ...te Order.) On December 4, 2019, the Court entered default judgment against Defendants. On January 31, 2020, Defendants John Santilli, Aloris Entertainment, LLC, Aloris Magic Mike GP, LLC, and Aloris Magic Mike, LP filed a motion to vacate the default and/or default judgment entered on December 4, 2019 under Code of Civil Procedure section 473. LEGAL STANDARD Under Code of Civil Procedure, section 473(b), an application for relief must be made no ...

Excerpt: ...ords subpoena served by Plaintiffs. On July 8, 2020, Plaintiffs filed an opposition. On October 14, 2020, Defendant filed a reply. LEGAL STANDARD A subpoena duces tecum for the production of personal records shall be served in sufficient time to allow the witness a reasonable time, as provided in Section 2020.410, to locate and produce the records or copies thereof. (Code Civ. Proc., § 1985.3(d).) “Any consumer whose personal records are sough...

Excerpt: ... covenant of good faith and fair dealing; (3) equitable estoppel; (4) Unlawful and unfair business practices under the UCL; (5) wrongful foreclosure; (6) injunctive relief; (7) declaratory relief; (8) fraud; and (9) negligent misrepresentation. The SAC references Plaintiff and Plaintiffs. For consistency, the Court uses “Plaintiff.” LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by tele...

Excerpt: ...in good faith prior to filing the motion, and that sanctions were appropriate against counsel pursuant to California Code of Civil Procedure sections 2023.020 and 2025.420(h). The Court set a hearing on the amount of sanctions for October 16, 2020, and the parties stipulated to a briefing schedule on the issue. On October 9, 2020, Plaintiff filed a declaration in opposition to defendant's declaration regarding the amount of sanctions to be awarde...

Excerpt: ...d on June 20, 2019 by mail. On July 9, 2019, Plaintiffs filed their motion to tax costs. LEGAL STANDARD A prevailing party in litigation may recover costs, including but not limited to filing fees. (Code Civ. Proc., §1033.5(a)(1). Under Code of Civil Procedure section 1033.5(c)(2), allowable costs are only recoverable if they are “reasonably necessary to the conduct of the litigation.” Even mandatory costs, when incurred unnecessarily, are s...

Excerpt: ... hiring, (5) negligent failure to warn or train; and (6) breach of fiduciary duty. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint alleges facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10; Young v. Gannon (2002) 97 Cal.App.4th 209, 220. The court “may consider all material facts pleaded in the complaint and those arising by reasonable implication therefrom; it may not consider contentions, dedu...

Excerpt: ...fenses are: (1) the 30th affirmative defense for the express release and waiver of liability and (2) and the 31st affirmative defense for assumption of the risk. Defendants also seek leave to amend their answer to include defendants SBAR2, Inc., and Elements Behavioral Health, a California Corporation. Defendants filed their answer to the second amended complaint on January 18, 2018. Defendants filed a notice of stay due to bankruptcy on May 29, ...

Excerpt: ...d. On August 7, 2020, Marshall Geller filed a petition to vacate the arbitration pursuant to Code of Civil Procedure section 1286.2, subdivisions (a)(3), (5)-(6). Geller argues that the arbitrator was biased against him under section 1286.2(a)(6). Geller also argues that the arbitrator engaged in misconduct and/or that Geller's rights were prejudiced by the refusal of the arbitrators to hear evidence material to the controversy or by other conduc...

Excerpt: ...ing Jr. – Los Angeles (MLK-LA) Healthcare Corporation, Exodus Recovery, Inc., Dr. Cary Gallardo, M.D., Dr. William Wirshing, M.D., Alejandro Haro, R.N., and Doe and manufacturer defendants, including: (1) violation of Elder Abuse and Dependent Adult Civil Protection Act; (2) strict liability – failure to warn; (3) breach of fiduciary duty – fraud by concealment; (4) professional negligence (medical malpractice); (5) wrongful death; and (6) ...

Excerpt: ...any Inc. (“Hilton”) and Waldorf=Astoria Management LLC (“Waldorf”) (collectively “the Waldorf” or “Defendants”) under Code of Civil Procedure section 128.7. Peninsula argues that sanctions are warranted under section 128.7 because the cross-complaint filed by Defendants for unfair competition (1) lacks evidentiary support, (2) is unwarranted as a matter of law, and (3) was brought for the sole purpose of harassing Peninsula, causi...

Excerpt: ... as the immediate return of the Intellectual Property, the THC trademark and the THC.com domain name. (See Pet. at item 8.) On January 21, 2020, Ramsey Houston Salem, LKP Global Law, LLP, and Ana Montoya (“Petitioners”) filed a petition seeking an order to confirm the arbitration award. The petition states that the parties went to arbitration due to Pineapple Express, Inc., and THC Industries, LLC's (“Respondents”) breach of a merger agre...

Excerpt: ...alpractice (negligence); (2) gross negligence; (3) medical battery; (4) failure to obtain informed consent; (5) negligent hiring, training, and retention; and (6) intentional misrepresentation/fraud. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the...

Excerpt: ...ool District (“BHUSD”), Atkinson, Andelson, Loya, Ruud & Romo, a law firm and as Attorneys for Beverly Hills Unified School District, Kimberly Ludwin, individually and as Attorney for Beverly Hills Unified School District; DOES 1-25, and others. The TAC contains six causes of action for (1) violation of privacy under the California Constitution and the California Civil Code section 1708, (2) constructive discharge, (3) defamation, (4) neglige...

Excerpt: ...lations of Civil Code section 2934a, (3) negligence, (4) breach of contract, (5) quiet title, (6) accounting, (7) violations of Business and Professions Code section 17200, and (8) declaratory relief. LEGAL STANDARD “At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice.” (C...

Excerpt: ...014, Shores, LLC filed a cross-complaint against several defendants but not Redrock. On March 16, 2016, American filed a cross-complaint against Redrock and other defendants. Shores, LLC is not a party to the March 2016 cross-complaint filed by American against Redrock. Cross-Defendant/Cross-Complainant Redrock brings a motion for terminating sanctions, or in the alternative evidentiary and issue sanctions against Defendant Shores, LLC. Redrock a...

Excerpt: ...100 for (1) Medical Malpractice (Negligence); (2) Gross Negligence; (3) Medical Battery; (4) Failure to Obtain Informed Consent; (5) Negligent Hiring, Training, and Retention; and (6) Intentional Misrepresentation/Fraud from a breast augmentation and lift. Defendants were served by substituted service on July 31, 2019. Service by substituted service is made effective on the 10th day after mailing. (See CCP 415.20.). The statements of damages were...

Excerpt: ...l, Stephen Biafora, and S&B Investments, LLC for (1) breach of joint venture agreement, promissory fraud, quantum meruit, and common count. Plaintiffs allege that Schimmel is an attorney. (See Compl. ¶ 5.) Plaintiffs further allege that there was a joint venture agreement arising out of the construction and development of a single-family home at 2218 Glencoe Ave, Venice, CA, and that they were not properly compensated pursuant to their agreement...

Excerpt: ...18. (SAC ¶ 6(a)) Plaintiff Mario Savvides alleges that Defendants Robert Klenner and Toshiko Klenner, as well as Does 1 – 20: (1) breached/repudiated a partially performed contract for the purchase and sale of real property; (2) breached the covenant of good faith and fair dealing; (3) were unjustly enriched; (4) and deceived Plaintiff. On February 1, 2019, the Court struck the second and third causes of action from the SAC as Plaintiff did no...

Excerpt: ...er to compel the continued deposition of Exodus' PMK pursuant to Code of Civil Procedure section 2025.480(a). Plaintiff seek a discovery referee for the limited purpose of supervising the PMK deposition to prevent further alleged misconduct by Exodus' counsel. Plaintiff also seeks sanctions under Code of Civil Procedure sections 2025.450(g)(1) and 2025.480(j) for Exodus' failure to produce a knowledgeable, qualified, and prepared PMK at the Decem...

Excerpt: ...on, (4) fraud, (5) and action on contractor's bond. Plaintiff alleges that some of the defendants failed to complete the work on solar panels for 200 N. Rockingham, Los Angeles, CA 90049. Defendant George Mason McEachran filed a demurrer and a motion to strike. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determin...

Excerpt: ...on or about the evening of July 28, 2015 and into the morning of July 29, 2015, at the Camps Bay Retreat Hotel in Cape Town, South Africa. (Compl. ¶ 1.) Plaintiffs assert that jurisdiction and venue is proper “because, among other reasons, Gabriela—the murder victim —resided in Los Angeles County when she was murdered, because both Plaintiffs also resides in Los Angeles County, because Defendant owns a residence in Los Angeles County, and ...

Excerpt: ...n Fox filed separate motions for protective orders on August 31, 2017, and October 20, 2017, respectively. Non-parties Lily Chandler and Tabitha Rose Marks filed their joint motion for a protective order on June 12, 2017. Fox seeks a protective order under Code of Civil Procedure sections 2017.020, 2019.030, 2023.010, and 2025.420 requesting that the deposition of Marion Fox: (1) be taken at a different time after the December 5, 2017 hearing on ...

Excerpt: ... to substitute Doe 22 as American Laundry Production, Inc. a South Carolina Corporation and a successor by acquisition to Clenacorp. (See 11/21/2019 Doe Amendment.) It is also being sued as the manufacturer and/or supplier of “Collar & Cuff Scrub” “and other chemical products to be determined during discovery.” (Id.) On February 5, 2020, Plaintiffs amended the complaint to substitute Doe 26 with Vulcan Materials Company. Plaintiff alleged...

Excerpt: ...Hinojosa & Forer, LLP & Does 1-60 alleging that defendants committed professional negligence and elder abuse. Plaintiff alleges that he is 85 and this action arises out of a controversy between Plaintiff and Aviva Leneman Weiner. Plaintiff alleges that Defendants pressured Plaintiff into signing a settlement agreement on July 28, 2018. On February 13, 2020, Defendant Hinojosa & Forer, LLP filed four discovery motions. Defendants filed a motion de...

Excerpt: ...836 10th Street Unit “D”, Santa Monica, CA. (Compl. ¶ 10.) Plaintiffs allege that they settled an eviction action with the Tarnopolsky Defendants on October 16, 2017. (Compl. at p. 4:20-21.) Plaintiffs allege that Defendants defrauded Plaintiffs into vacating their rental unit. (See generally Compl. ¶ 55 at p. 6.) Plaintiffs allege that the Tarnopolsky Defendants represented in the notice to quit that the landlord's sister, Denise Poon was ...

Excerpt: ...for Mary Frances Gage, filed a complaint against Mark Shinnick for: (1) interference with contract; (2) interference with prospective economic advantage; (3) publication of private facts; and (4) trespass. On April 9, 2020, Plaintiff filed an amended motion for summary adjudication. This motion is unopposed. BASIS FOR MOTION Ann-Marie seeks summary adjudication on the second, third, and fourth causes of action. Ann-Marie argues that she is entitl...

Excerpt: ...tional misrepresentation, (3) recovery on contractor's license bond; (4) negligenge, and (5) breach of implied covenant of good faith and fair dealing. On November 9, 2017, Plaintiffs amended the complaint and added Developers Surety and Indemnity Company as a defendant. Plaintiffs claim damages of at least $400,000. (See FAC prayer for relief.) This action involves alleged construction defects and damages arising from work performed and material...

Excerpt: ...for: (1) Rescission; (2) Conversion; (3) Breach of Fiduciary Duty, (4) Damages under Penal Code (5) Fraud/misrepresentation and (6) Quiet title. Plaintiffs allege that Defendant Sargsyan and his firm represented Plaintiffs in copyright infringement suits and that Defendants failed to remit all sums recovered. Plaintiff Pelissier and Sargsyan also entered into a deal for defendant Sargsyan to develop 11824 Ellice St., Malibu, California 90265. Thi...

Excerpt: ...e Capital Builders, Inc., filed a cross-complaint against 207 Entrada, LLC and Roes 1 -20 for (1) breach of oral contract, (2) open book, (3) reasonable value of services rendered, and (4) foreclosure of mechanic's lien for $347,000. “On or about April 10, 2020, Cross-Complainant's verified Mechanic's Lien was timely recorded in the Official Records of Los Angeles County, California, as Instrument No. 20200405317, in accordance with the require...

Excerpt: ...e of the Amy Sweeny 2005 Revocable Trust, and Does 1 – 20. The complaint alleges cause of action for fraud and deceit, negligent misrepresentation, breach of oral contracts (2 counts), and quantum meruit. On February 7, 2020, Plaintiff dismissed with prejudice Amy G. Sweeney, an individual, Amy G. Sweeney and Michael Towbes as Trustees of the Exempt Trust under the Goldenberg Survivor's Trust, and Amy G. Sweeney, as Trustee of the Amy Sweeney 2...

Excerpt: ...st 22, 2019, Faisal Bin Aziz Saud and New Generations Ideas, LLC initiated this appeal in this Court by filing a Notice of Appeal of the Award. A non-jury trial is scheduled for October 26, 2020. On February 24, 2020, Giacalone served Appellant Saud with both a Notice of Deposition and a Notice to Appear at Trial. (Engelhardt Decl. ¶ 4, Ex. A & B.) The deposition was scheduled for Wednesday, April 29, 2020. (See Ex. A.) On March 5, 2020, Saud se...

Excerpt: ...e City,”) the County of Los Angeles, the La Costa Beach Home Owner's Association (“the Association,”) and Does 1- 17. Plaintiff alleges that on May 14, 2019, at approximately 8:20 p.m., Megan Pierce was attempting to cross Pacific Coast Highway (“PCH”) at or near the La Costa Beach Club located at 21440 Pacific Coast Highway (PCH) in Los Angeles County in Malibu. Ms. Pierce was crossing PCH at an intersection when she was struck and kil...

Excerpt: ...gligent misrepresentation. Plaintiff alleges that Defendant Estalella committed torts in California and that jurisdiction over Estalella is proper as a result. (See Compl. ¶ 2.) Plaintiff alleges upon information and belief that “Estalella is an individual residing at 1111 Brickell Bay Drive, Apt 1210, Miami, FL 33131. During the relevant time period, Estalella was a high ranking executive a MusclePharm.” (Compl. ¶ 6.) On information and be...

Excerpt: ...ndants”), and Does 1–250 alleging dependent adult abuse, professional negligence, negligent hiring and supervision, and loss of consortium. On August 27, 2019, Defendants filed a demurrer as to the first cause of action for dependent adult abuse. On March 10, 2020, the Court sustained the demurrer with 60 days leave to amend. At a July 8, 2020 Informal Discovery Conference, the Court granted Plaintiffs until October 1, 2020 to file their firs...

Excerpt: ... Rejaei Defendants, for failing to compensate him for legal fees incurred when Plaintiff represented Defendants in an action against Bryan Siegel. (See FAC ¶¶ 7, 14‐ 20.) Plaintiff alleges damages in the amount of $120,000. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be re...

Excerpt: ... two reasons for the continuance. First, the Application is continued due to lack of service on the relevant property owners. The instant application seeks an order against the owners of property located at 2201 and 2205 South Standard Avenue in Santa Ana, California. While the prior Application heard on August 14, 2020 was served on non-parties McFarlane Properties, LLC and Standard Avenue, LLC via both their Agents for Service of Process and Co...

Excerpt: ...to compel, and the motion is DENIED AS MOOT insofar as it seeks to require that this information be turned over. The Court reminds Defendants of their obligations under the Court's prior order (ROA 137), which required them to serve further discovery responses, including the production of voluminous non-anonymized data, within 30 days of the opt-out deadline. The Court agrees with Plaintiffs, however, that Defendants' conduct with respect to the ...

Excerpt: ...ion”) and Does 1 – 100 for (1) forcible detainer and statutory damages; (2) breach of contract; and (3) conversion. Plaintiff alleges that on September 5, 2001 and May 16, 2007, Plaintiff Dadson Washer and Edward Mantini entered into written leases for laundry space at 2 Ketch Street, Marina Del Rey, CA 90292 (“the Building”). (VFAC ¶ 4.) On May 16, 2012, Plaintiff Dadson and Edward Mantini entered into a third written lease for laundry ...

Excerpt: ... December 26, 2017, one of Plaintiff's vehicles, a 2015 McLaren 650S Spider, was legally being operated in Los Angeles County, CA, in the city of Beverly Hills, CA. (Compl. ¶ 7.) Plaintiff alleges that around 5:56 p.m., while the car was making a legal turn, the car was impacted by a Ford E-series tourism van owned and operated by defendants Los Angeles USA Tours LLC and Ali Dayekh. (Id.) Plaintiff alleges that Defendant Sadegh Fatoorechi was dr...

Excerpt: ...rtfolio Servicing, Inc. (“SPS”); Quality Loan Service Corp.; Deutsche Bank; and Does 1‐50 alleging a violation of Civil Code section 2923.6; negligence, and a violation of Business and Professions Code section 17200. On April 13, 2020, Plaintiff filed an amended complaint, changing the plaintiff to be Delane Tarra, individually and as trustee of Chap One Land Trust. Plaintiff's amended complaint contains causes of action for (1) violation o...

Excerpt: ...ontract; (2) breach of implied-in-fact contract; (3) quantum meruit; and (4) Violation of Domestic Worker Bill of Rights under Labor Code section 1451. Defendant is the executor of the Rhea F. Cassan Estate. (Compl. ¶11.) “For more than 20 years, Jeffrey acted as Rhea's primary care giver. As a result, Rhea never needed to hire professional care givers and remained under Jeffrey's physical care, except for the times she was admitted to the hos...

Excerpt: ..., Fred Bahari Moghadam, City Wall Builders, Inc., and City Wall Construction, Inc. (collectively “Defendants”) for negligence. As trustees, Plaintiffs allege that they are the owners of a parcel of real property commonly known as 606 Walden Drive, Beverly Hills, California 90210, and more particularly described as Lot 21, Beverly Hills, M.B. 72 14/ 19. (SAC ¶ 1.) Plaintiffs allege that Defendants 621 Rodeo Drive LLC, Moghadam, and Does 1 thr...

Excerpt: ...�ACIC”) and Does 1-20 for (1) breach of contract, (2) negligence, (3) conversion, (4) fraud, (5) and action on contractor's bond. Plaintiff alleges that some of the defendants failed to complete the work on the solar panels for 200 N. Rockingham, Los Angeles, CA 90049. On November 4, 2019, American Contractors Indemnity Company (“ACIC” or “Cross- Complainant”) filed a verified interpleader cross-complaint against Pure Solar Company dba ...

Excerpt: ...ULING: Defendant San Gabriel Medical Center's Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. SERVICE: [X] Proof of Service Timely Filed (CRC, rule 3.1300) OK [X] Correct Address (CCP §§ 1013, 1013a) OK [X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK OPPOSITION: Filed on January 23, 2020 [ ] Late [ ] None REPLY: Filed on February 11, 2020 [ ] Late [ ] None ANALYSIS: I. Background On September 16, 2019, Plaintiff Hog Gan (“Plaintiff”) f...

Excerpt: ...ut intent to preform and breach of implied covenant of good faith and fair dealing. This complaint arises out of the severance agreement entered between Plaintiff and CB1 Labs on August 15, 2018. Plaintiff alleges that Defendants breached the severance agreement when they failed to pay him the installments and interest due on the last payment. As to individual defendants, Plaintiff alleges that Tyler Stevens is the Director of Brands at CB1 Labs,...

Excerpt: ...st amended compliant (FAC): defamation, intentional interference with prospective economic advantage, and negligent interference with prospective economic advantage. (See FAC ¶¶ 41-65.) Plaintiff Richard Acosta is a managing member of Plaintiff Inception Altanova and Plaintiff Eric Clarke helps manage Inception Altanova through another separate entity. (FAC ¶ 7- 8.) Defendant John Kaweske is the CEO of Defendant North Star. (FAC ¶¶ 3.) Plain...

Excerpt: ...efendant/Cross-Defendant Herbert C. Rubinstein (“Cross-Defendant”) discovery. (Barsegyan Decl. ¶5, Ex. A to RFA, RFP, and Interrogatories motions.) Responses were due on April 16, 2020, however an extension was granted until May 1, 2020. (Barsegyan Decl., ¶ 5, Ex. C.) Responses were not received by Cross-Complainant. (Barsegyan Decl., ¶ 5.) On May 26, 2020 and May 28, 2020, Cross- Complainant filed motions to compel responses to Form and S...

Excerpt: ...representation; (5) breach of agreement; (6) declaratory relief; and (7) injunctive relief. Kalnel Gardens alleges that in connection with the February 26, 2016, sale and transfer of real property commonly known as 8655 Washington Boulevard, Culver City, California 90232 (the "Subject Property”), Kalnel Gardens entered into a Lessor Estoppel Certificate which provided that the lease that Kalnel Gardens was about to assume as landlord was curren...

Excerpt: ...; MM of Vegas Retail, Inc; MMNV2 Holdings I, LLC, MMNV2 Holdings V, LLC; MMOF Fermont Retail, Inc.; MedMen NY, Inc.; MME Florida LLC (collectively, the “MM Entity Defendants”); Adam Bierman; Andrew Modlin, and Does 1 through 25, alleging eight causes of action for: (1) Breach of Contract – Demotion; (2) Breach of The Implied Covenant of Good Faith And Fair Dealing; (3) Breach of Contract – Termination Without Cause; (4) Breach of Contract...

Excerpt: ... relief and damages, and (2) violation of Business and Professions Code section 17200. MRT alleges that in 2001, John Paul DeJoria sold twelve parcels of coastal and canyon land to MRT for $1,000,000. (Cross-Compl. ¶¶ 7-9.) The land was appraised for $13,000,000 and the remaining $12,000,000 value was donated to MRT. (Id. ¶ 9.) DeJoria included a conservation easement, binding on all future owners, that would preserve the property as open spac...

Excerpt: ...ith the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. [or] (B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith.” (Code Civ. Proc., § 430.41(A) & (B).) A demurrer for sufficiency tests whether the complaint alleg...

Excerpt: ...r.” (Code Civ. Proc., § 430.41.) To properly file a demurrer with the court, the party must also file a declaration noting that he or she “met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer. [or] (B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring...

Excerpt: ...perties USA, Inc., Staples Construction, Inc., and Does 1 – 100, for (1) nuisance, (2) intentional trespass, (3) negligent trespass, (4) negligence, and (5) elder abuse. Plaintiffs allege they are the owners of the property located at 1220 24th Street, Santa Monica, CA 90403, and that they are in possession and control of that real property consisting of two single family houses, a duplex, and four garages. (Compl. ¶ 2.) Plaintiffs further all...

Excerpt: ...ach of contract, negligence, breach of express and implied warranties, intentional misrepresentation and negligent misrepresentation, Petitioner initiated arbitration proceedings against RTC. On September 22, 2016, this Court granted an order permitting ADR Services, Inc. to administer the arbitration proceedings. (See Ex. C. to Motion.) After arbitration, the arbitrator found in favor of Petitioner against RTC in the amount of $829,235.09, plus ...

Excerpt: ...2) liability under Government Code § 820.21; (3) intentional infliction of emotional distress; (4) intentional infliction of emotional distress; (5) unlawful seizure pursuant to 42 U.S.C. § 1983; (6) violation of civil rights pursuant to 42 U.S.C. § 1983; (7) due process pursuant to 42 U.S.C. § 1983; and (8) Monell related claims. On April 26, 2018, The County of Los Angeles and Department of Children and Family Services (DCFS) filed a notice...

Excerpt: ...ts argue that they are entitled to a stay based on due process protections under the Fifth Amendment to the United States Constitution. REQUEST FOR JUDICIAL NOTICE Defendants request judicial notice of Exhibits A – D. Exhibits A – C are executive actions and are judicially noticeable. Exhibit D is this Court's minute order of July 1, 2020, which is judicially noticeable as a court record, but not for the truth of its contents. (See In re Vick...

Excerpt: ...y Esagoff as Trustees for The Abbey and Mojgan Esagoff trust with 20 days leave to amend. On December 7, 2019, Plaintiffs filed the first amended complaint (FAC). Defendants Moghadam and 621 Rodeo Drive LLC filed a demurrer to the FAC on January 9, 2020. On March 6, 2020, without leave of the Court, Plaintiffs Mojgan Esagoffand Abbey Esagoff filed a SAC for negligence against Defendant 621 Rodeo Drive LLC and Does 1 – 50. On the same day, Plain...

Excerpt: ...nts (“Twitter” or “Defendants”) filed their demurrer to the FAC. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading . . . for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41.) To properly file a demurrer with the court, the part...

Excerpt: ...��Plaintiffs”) bring a complaint against Defendants Homeland Insurance Company of New York ("Homeland"), and Does 1-10 for breach of contract and breach of the implied covenant of good faith and fair dealing. Plaintiffs also bring separate claims for breach of contract and breach of the implied covenant of good faith and fair dealing against Defendants Mercury Casualty Company ("Mercury") and Does 11-20. Mercury and Homeland are Plaintiffs' all...

Excerpt: ...s to enter into unlawful non-compete agreements, which prevent competing hotels from lawfully competing for talent within the industry. Cross-Complainants also allege that Cross- Defendant Belvedere Hotel Partnership's practice of bullying and harassing employees and threatening and taking wildly inappropriate legal action is an unfair labor practice under the Unfair Competition law and that these actions have damaged Cross-Complainants. LEGAL ST...

Excerpt: ...es that the parties arbitrated their dispute on July 18, 2019. The arbitrator was Mark Fleischer, Esq., and he issued an award on January 24, 2019 in favor of petitioner in the amount of $438,002.45. The petition also states/alleges, “[o]ther parties under the agreements filed an arbitration against Eagle Films (Eagle). Eagle filed a counterclaim against Respondent to recover any sums awarded against Eagle. The Final Arbitration Award to be enf...

Excerpt: ...e Court granted Defendants Cedars-Sinai Medical Care Foundation and Cedars-Sinai Medical Center's motions for summary judgment. At the end of the June 4, 2019 hearing, the Court set a final status conference for June 29, 2020, and a trial date for July 6, 2020 based on Counsel's request for a later trial date. MOTIONS Three separate defendants have filed separate motions to dismiss this case for failure to prosecute. Plaintiff filed a joint oppos...

Excerpt: ...red against Defendant on September 16, 2019. Default Judgment was entered October 18, 2019. Defendant filed a motion to set aside the default judgment on December 19, 2019. On June 29, 2020, defendant filed an amended notice of motion as well as a reply entitled “Opposition to Defendant Motion to Set Aside.” On July 2, 2020, Defendant filed an opposition to the amended motion. LEGAL STANDARD Under Code of Civil Procedure, section 473(b), an a...

Excerpt: ...The Estate” or “Defendant”) and Does 1 -50 for breach of contract. The complaint alleges that “[o]n February 17, 2012, Tohme filed a lawsuit against the Jackson Estate (Los Angeles Superior Court Case No. SC115988) asserting causes of action for breach of contract, accounting and declaratory relief and seeking compensation for his valuable services in accordance with the terms of his agreements with Michael Jackson.” (Compl. ¶ 9.) “O...

Excerpt: ...oss-complaint against 632 N Palm Drive, LLC (“632” or “Palm” or “Cross-Defendant”); Michael Cohan, Russel Allen Linch, RAL Designs and Management, Inc. and Roes 1-10. The Cross-Complaint alleges 12 causes of action for: 1. breach of contract; 2. breach of the implied covenant of good faith and fair dealing; 3. intentional misrepresentation 4. in the alternative, negligent misrepresentation; 5. common count: account stated, open book a...

Excerpt: ...rty located at 1225 Armacost Ave, Unit 105, Los Angeles, CA 90025 (the “Property”). Plaintiff alleges that the property is currently owned by Plaintiff Fiona Dearing as an individual. Plaintiff alleges that she acquired title to the Property from Thomas and Jaclyn Aronson by a Grant Deed recorded on August 29, 2013. Plaintiff conveyed the Property to herself as trustee of the Dearing Trust by Quitclaim Deed recorded on October 18, 2017. On �...

Excerpt: ...aint. Plaintiff obtained leave to file a third amended complaint and filed and served that complaint on September 4, 2018. The third amended complaint contains five causes of action for: (1) breach of contract; (2) breach of fiduciary duty; (3) misappropriation of trade secrets under CUTSA; (4) violation of the UCL; and 5) intentional interference with prospective economic relations. On February 25, 2020, filed a motion for leave to file a fourth...

Excerpt: ...e TIC #22, LLC, Centerpointe TIC #23, LLC, Centerpointe TIC #24, LLC, Centerpointe TIC #25, LLC, Centerpointe TIC #26, LLC, Centerpointe TIC #27, LLC, Centerpointe TIC #29, LLC, Centerpointe TIC #30, LLC, and Centerpointe TIC #31, LLC (collectively “Centerpointe Plaintiffs”) filed a complaint against Defendants Vereit, Inc. FKA American Realty Capital Properties, Inc., (“Vereit”); Vereit Operating Partnership, L.P.; EFA Asset Management, ...

Excerpt: ...ry Bautzer and the spouse of Defendant Goldman was diagnosed with cancer. Plaintiffs are the brother and father of the late Johanna Goldman. Plaintiffs allege that Defendant was unable to pay the medical expenses for the treatments required to fight the disease or for decedent's funeral. Plaintiffs allege that Defendant Goldman promised to pay back Plaintiff Zachary Bautzer through the proceeds of the sale of Defendant Goldman's house in Californ...

Excerpt: ...he implied covenant of good faith and fair dealing, (4) promissory fraud, (5) retaliatory eviction; (6) violation of civil code section 1950.5, and (7) conversion. This case was dismissed on a motion for terminating sanctions. On June 28, 2019, Defendant filed a motion for attorney's fees under Code of Civil Procedure §§ 1032, 1033.5, 1717, and CRC Rule 3.1700(a). Defendant seeks $171,585 in attorney's fees based on a rate of $450 per hour for ...

Excerpt: ...ocumented the settlement in a fully executed Short Form Agreement. The short form agreement called for the entry of a stipulated judgment against Oren in the amount of $11,000,000.00 following the execution of a further, Long Form Agreement. Silverlake argues the Oren has refused to finalize the Long Form Agreement. Silverlake argues that the Short Form Agreement expressly provides that it may be enforced pursuant to California Code of Civil Proc...

Excerpt: ... (3) violation of Santa Monica Municipal Code § 1890; and (4) breach of contract. Cohen alleges that Cross-Defendant owns the premises located at 746 Marine Street, in the City of Santa Monica. (X-C ¶ 3.) Cohen further alleges that “Cross-Complainant has been subjected to Cross-Defendants' use, or threats to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the Cross-Complainant's quiet enj...

Excerpt: ... Romano and Suzan Romano. Plaintiffs own 1576 Chastain Parkway West, Pacific Palisades, CA 90272 (the “Property”). (Compl. ¶ 7.) Plaintiffs allege that they purchased this property in March of 2019. (Id. ¶ 8.) Plaintiffs allege that Thomas Hunter suffers from congestive heart failure, kidney failure, peripheral neuropathy, and degenerative spine disease and that in February 2020, Mr. Hunter underwent surgery. (Id. ¶ 9.) After surgery, Mr. ...

Excerpt: ...ns Code section 17200 violations. On April 13, 2020, Plaintiff filed an amended complaint (FAC) changing the plaintiff's name to Delane Tarra, individually and as trustee of Chap One Land Trust. The FAC also added violations of Civil Code sections 2923.7 and 2924.17, and a breach of the implied covenant of good faith and fair dealing. Plaintiff Delane Tarra, individually and as trustee of Chap One Land Trust holds title to the property on behalf ...

Excerpt: ... breach of confidentiality agreement; (3) breach of employee handbook (4) breach of severance agreement and release; (5) violation of California Business and Professions Code §17200 et seq.; (6) intentional interference with contractual relations; (7) intentional interference with prospective economic relations; (8) negligent interference with contractual relations; (9) fraud (10) violation of California Penal Code § 502; (11) conversion; (12) ...

Excerpt: ...; negligent misrepresentation; rescission and restitution; and common counts arising out of the purchase of a property in Palos Verdes, CA. On March 9, 2018, the Court granted a motion to substitute Triwest Homes II, LP (“Triwest Homes”) as the plaintiff. The Court found that the substitution related back to the filing of the complaint, based upon the parties' stipulation to the substitution, and Plaintiff's evidence that Triwest Homes was th...

Excerpt: ...nd that a gate be provided around the pool area for a toddler, but that Defendants failed to do so. As a result, Plaintiff was unable to stay at the premises. Plaintiff alleges that the deposit for the rental was $27,844.00. Plaintiff alleges that Airbnb kept a commission of approximately $2,300 and that Defendant Luxury Rental Group kept the remaining $25,480.00. In his complaint, Plaintiff seeks a return of the rental fee from defendants. Legal...

Excerpt: ...ith a contract; (4) breach of fiduciary duty; (5) aiding and abetting breach of fiduciary duty; (6) violations of false advertising law; (7) violations of unfair competition law; (8) unjust enrichment; (9) and Violations of California's Unfair Trade Secrets Act (“CUTSA”). As set forth in the complaint, Plaintiff offers customized services in the food ordering business. For example, CrowdFood coordinated the participation of food trucks and ot...

Excerpt: ... Timothy and Sheryl Schey are alleged to be the owners of property located at 820 Yale Street, Santa Monica, California. Defendants served Plaintiff with a Three-Day Notice to Quit. The notice states that Plaintiff was a party to an unlawful detainer action and that the failure to disclose this information resulted in a breach of the lease agreement. Plaintiff alleges that the unlawful detainer action was nonpublic information. Plaintiff also all...

Excerpt: ...oyed the persons who operated a motor vehicle in the course of their employment; (c) owned the motor vehicle which was operated with their permission; (d) entrusted the motor vehicle; and (e) were the agents and employees of the other defendants and acted within the scope of the agency when James Mobley caused injuries to Plaintiff near the intersection of Santa Monica Boulevard and Flores Street. On January 4, 2019, Plaintiff named Brunello Cuci...

Excerpt: ...f emotional distress-bystander. Plaintiffs are the estate of De'ommie de la Cruz; Tomiekia de la Cruz as Guardian Ad Litem for Desi de la Cruz Summerville; Tomiekia de la Cruz, representative of the Estate of De'Ommie De La Cruz; Gina Chhouk; Alex de la Cruz; Marlon Bouche Larkin, a minor; Tiffany Flemming; D'Juan Darby; Christian Green and Cindy Hodges. This action arises out of the events of November 3, 2017. Ms. De'Ommie was a passenger in a p...

Excerpt: ...ed on December 28, 2017, Plaintiff sought to combine her financial accounts with Cubbin. (Compl. ¶¶ 20-22.) On or about January 3, 2019, Plaintiff met with “Joseph S. Jackson, an employee of Defendants representing himself as a broker, financial consultant and certified financial planner for Defendants in service of their clients. Based on Jackson's recommendations, [Plaintiff] authorized the creation of three (3) accounts: (i) a Fidelity-man...