Excerpt: ...ndividuals and entities, including the City of Malibu, a public entity, alleging, among other things, a dangerous condition of public property. The City of Malibu demurs to the fifth cause of action, and moves to strike certain allegations pertinent to the third and fourth causes of action. Plaintiff opposes. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, ...

Excerpt: ... – the 433 South Beverly Glen Boulevard, Los Angeles, California 90024 property (hereinafter, the “Property”). Plaintiff allegedly performed construction services on the Property and eventually got the Property rented. Defendants allegedly interfered with the rental income being generated by the Property thereby breaching various duties. JCTLA has brought a cross-action against Plaintiff. JCTLA alleges that it owns the Property. JCTLA furth...

Excerpt: ...ach of Covenant of Good Faith and Fair Dealing; and (6) Declaratory Relief. On January 3, 2022, Defendants demurred to the second and fourth causes of action. Plaintiff opposes the demurrer. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. In a demurrer proceeding, the de...

Excerpt: ... court before amendment. (CCP §§ 473(a)(1), 576.) Motions for leave to amend the pleadings are directed to the sound discretion of the court. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading . . ..” (CCP § 473(a)(1); see CCP § 576.) Policy favors liberally granting leave to amend so that all disputed matters between the parties may be resolved. (See Howard v. County of San D...

Excerpt: ...rch 16, 2022, Defendant/Cross-Complainant filed a cross-complaint against Plaintiff, Penmar/Palms LLC, and Steven H. Schwartz. Generally, the cross-complaint alleges that Cross- Defendants conspired to unlawfully displace Campos from his rent-stabilized apartment at the Premises using a THP and unlawful notices to quit. The Cross-Complaint alleges fifteen causes of action for: (1) Violation of California Fair Employment and Housing Act, Cal. Gov....

Excerpt: ...nd less expensive means of resolving private disputes. (Moncharsh v. Heily & Blase (1992) 3 Cal.4th 1, 8- 9; AT&T Mobility LLC v. Concepcion (2011) 563 U.S. 333, 339.) Accordingly, whether an agreement is governed by the California Arbitration Act (“CAA”) or the Federal Arbitration Act (“FAA”), courts resolve doubts about an arbitration agreement's scope in favor of arbitration. (Moncharsh, supra, 3 Cal.4th at 9; Comedy Club, Inc. v. Impr...

Excerpt: ... served upon Defendant a written 10-day Notice to Pay Rent or Surrender Possession (“Notice”) via FEDEX, which was sent to the Premises on June 7, 2022. Defendants remain in possession of the Premises contrary to the Lease. The current reasonable rental value of the Premises is $713.06 per day. Plaintiff initiated this lawsuit on July 5, 2022. On July 27, 2022, Defendant filed the instant demurrer. Plaintiff opposes the demurrer. LEGAL STANDA...

Excerpt: ...act; 3) unjust enrichment; 4) breach of fiduciary duty of loyalty; 5) breach of fiduciary duty of reasonable care; 6) breach of contract; 7) conversion; 8) inducing breach of contract; 9) false advertising; 10) unfair competition; and 11) alter ego. The Complaint alleges that Pine Street Real Estate LLC (“PRSE”) assigned all of its claims against Defendants to Plaintiff on October 2, 2017. PSRE and Blankspaces LLC were both members of a third...

Excerpt: ...and (2) Declaratory Relief. Plaintiff alleges that Focus violated the CC&Rs on August 12, 2020, by demolishing an existing single-family residence on the subject Property without first obtaining approval from the Architectural Committee and/or the HWPOA, as required by the 1975 Extension and the Guidelines. Further, Plaintiff alleges that the Project does not comply with the setback requirements of the CC&Rs. On January 29, 2021, Focus filed a cr...

Excerpt: ...iling party on a contract, which specifically provides for attorney fees and costs incurred to enforce the agreement, is entitled to reasonable attorney fees in addition to other costs.¿(Civ. Code § 1717(a); CCP §§ 1032, 1033.5(a)(10)(A).)¿The court, upon notice and motion by a party, shall determine the prevailing party and shall fix, as an element of the costs of suit, the reasonable attorney fees.¿(Civ. Code § 1717(a), (b).)¿Any notice...

Excerpt: ... Plaintiff alleges that on November 5, 2018, she was injured by an elevator door and that Defendants were responsible for the maintenance and operation of that elevator. LEGAL STANDARD In the absence of contrary court order, a civil litigant's right to discovery is broad. “[A]ny party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action . . . if the matter either is its...

Excerpt: ...¶] 1. Irregularity in the proceedings of the court, jury, or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. [¶] 2. Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct ...

Excerpt: ...st Defendants Visionary Construction Management Partnership Co., Shahik Sean Baghdasian, and Wesco Insurance Co. The Complaint states six causes of action for breach of contract, breach of implied covenant, fraud, negligence, breach of express warranty, and recovery on contractors' state license bond. Relevant to this motion, the Complaint alleges that Wesco is a surety bonding company that issued insurance guarantees to Visionary. The sixth caus...

Excerpt: ... the corporation or the defendant may move the court for an order, upon notice and hearing, requiring the plaintiff to furnish a bond as hereinafter provided.” (Corp. Code, § 800(c); Corp. Code, § 800(b) [describing an action “instituted or maintained in right of any domestic or foreign corporation by any holder of shares or of voting trust certificates of the corporation”].) “The motion shall be based upon one or both of the following ...

Excerpt: ... the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.” (CCP, § 187.) Judgments are typi...

Excerpt: ...tion 1209(a)(5) expressly provides the Court with the power to punish “[d]isobedience of any lawful judgment, order, or process of the court.” Contempt is any act, in or out of court, “which tends to impede, embarrass or obstruct the court in the discharge of its duties.” (In re Shortridge (1893) 99 Cal. 526, 532.) Contempt committed in the immediate view and presence of the Court may be punished summarily, but contempt committed outside ...

Excerpt: ... April 27, 2022, Defendants filed a demurrer and motion to strike against the SAC. On June 17, 2022, Plaintiff filed a proposed Third Amended Complaint without leave of Court. Plaintiff has otherwise not filed an opposition. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context...

Excerpt: ...ok case”); and 3. Werner, et al., v. Broukhim, LASC Case No. 22SMCV00296 (“Broukhim case”). The Crestbrook case was consolidated with the Werner case on October 7, 2021. On March 23, 2022, the Broukhim case was deemed related and assigned to this Department. On July 1, 2022, the Werners moved to consolidate the Broukhim case with the first two cases. Broukhim opposes the motion. LEGAL STANDARD The trial court is authorized to consolidate pe...

Excerpt: ...ored information, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's own motion after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court shall declare, ...

Excerpt: ...face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (CCP §§ 430.30, 430.70.) At the pleading stage, a plaintiff need only allege ultimate facts sufficient to apprise the defendant of the factu...

Excerpt: ...ili Peppers. Plaintiff is their former personal manager. Defendants terminated Plaintiff on November 4, 2020. Pursuant to a sunset clause in their contract, Defendants were obligated to pay Plaintiff sixteen percent of “gross earnings” derived from songs created/released while Plaintiff represented them for three years following the termination. Six months after the termination, Defendants sold a catalog of songs. Defendants refused to pay Pl...

Excerpt: ...der Code of Civil Procedure § 1013 for type of service); (3) based on new or different facts, circumstances or law than those before the court at the time of the original ruling; (4) supported by a declaration stating the previous order, by which judge it was made, and the new or different facts, circumstances or law claimed to exist; and (5) the motion must be made and decided before entry of judgment. (Code Civ. Proc., § 1008.) The legislatur...

Excerpt: ...merit or that there is no defense to the action or proceeding. (Code Civ. Proc., § 437c(a).) “The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one o...

Excerpt: ...roadband internet service equipment. Shortly after the equipment was installed, Plaintiffs started experiencing headaches, dizziness and fatigue while in their apartment. Defendants have failed to remedy the issue. The Complaint alleges five causes of action (1) private nuisance; (2) breach of warranty of habitability; (3) statutory violation; (4) negligent infliction of emotional distress; and (5) disability discrimination and violation of Gover...

Excerpt: ...021, AG Properties, Inc. and AG Construction filed a Second Amended Cross-Complaint (SACC) against Plaintiffs and several subcontractors, including Cross-Defendant Christine London Ltd., for (1) equitable/implied indemnity; (2) apportionment of fault; (3) declaratory relief; (4) contribution; (5) negligence; and (6) breach of contract. H&R Construction and Surfacing, Inc. filed a Cross-Complaint on February 9, 2020, asserting claims for (1) equit...

Excerpt: ...JD”). JC seeks to enter a Nevada judgment in its favor, against JDs, for a total judgment of $37,894.97 (principal judgment of $33,333.33 plus $4,561.64 in accrued interest). LEGAL STANDARD Code of Civil Procedure section 1710.40(a) provides that a judgment entered based on a sister state judgment “may be vacated on any ground which would be a defense to an action in this state on the sister state judgment, including the ground that the amoun...

Excerpt: ...for summary judgment in any action or proceeding if it is contended the action has no merit or that there is no defense to the action or proceeding. (Code Civ. Proc., § 437c(a).) “The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co....

Excerpt: ... Malibu, CA 90265. Defendants approved a total amount of $192,892.50 under the contract. Ultimately, Defendants failed to perform according to the contract. The parties represent that the dispute was resolved via binding arbitration, held on July 14, 2021. Defendants failed to appear at the arbitration and the hearing proceeded in their absence. The arbitrator awarded $73,007.10 in favor of Plaintiff. The arbitration award was confirmed by this C...

Excerpt: ...ment Permit (CDP) because it is an attached improvement to a single-family residence. However, the City processed the application as non-exempt, which subjected the ADU to additional set-back requirements under the California Coastal Act and Malibu's Local Coastal Program (LCP). The City subsequently denied their CDP on June 7, 2021. Petitioners filed a request for a disability accommodation (RRA), which was also denied. Petitioners appealed to t...

Excerpt: ...timization techniques to generate affiliate software revenue. Plaintiff was responsible for creating all of the content for the Company's website, and Mitchell was tasked with generating traffic to such content. In March 2020, due to Mitchell's failures, it was clear that the Company was not viable. Consequently, Plaintiff and Mitchell, together, decided to develop a web browser based version of certain software that Mitchell and Turkowski had pr...

Excerpt: ...hly rent of $17,5100.00. From November 15, 2021, through March 14, 2022, Defendants failed to pay $70,040.00 in rent due. Despite service a 3-day notice, Defendants failed to pay rent or quit. On July 1, 2022, Defendants filed the instant motion for summary judgment. Plaintiff opposes. LEGAL STANDARD A party may move for summary judgment in any action or proceeding if it is contended the action has no merit or that there is no defense to the acti...

Excerpt: ...covery sanctions were issued on September 13, 2017, October 25, 2017, June 15, 2018, July 25, 2018, July 31, 2018, August 7, 2018, and October 18, 2018. LEGAL STANDARD “The Enforcement of Judgments Law provides two remedies through which a judgment creditor may obtain an order for post judgment attorney fees as costs: section 685.070, subdivision (b) [memorandum of costs] and section 685.080, subdivision (a) [motion for costs].” (Gray1 CPB, L...

Excerpt: ... merit or that there is no defense to the action or proceeding. (Code Civ. Proc., § 437c(a).) “The purpose of the law of summary judgment is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one ...

Excerpt: ...amendment. (Code Civ. Proc., §§ 473(a)(1), 576.) Motions for leave to amend the pleadings are directed to the sound discretion of the court. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading . . ..” (Code Civ. Proc., §§ 473(a)(1), 576.) Policy favors liberally granting leave to amend so that all disputed matters between the parties may be resolved. (See Howard v. County of Sa...

Excerpt: ... in the area. On the date of this incident, Defendants placed a hose/pipe across the roadway, causing a hazardous condition for cyclists. Plaintiff struck the hose/pipe and crashed suffering severe injuries. On September 3, 2021, Plaintiff filed this action. Plaintiff filed the instant motion for amendment on June 23, 2022. No opposition was submitted. LEGAL STANDARD If a party wishes to amend a pleading after an answer has been filed, or after a...

Excerpt: ... unlawful detainer; (3) nuisance per se; (4) public nuisance; (5) declaratory relief; and (6) injunctive relief. The complaint alleges that Guy Cognein (“Mr. Cognein”) purchased the Property in 1972. On December 19, 2002, Mr. Cognein entered into the following three agreements with the Foundation, including an Annuity Agreement, a Life Tenancy Agreement, and a Gift Agreement. Pursuant to the agreements, Mr. Cognein received a life estate in t...

Excerpt: ... written Lease Agreement for the Premises. After the initial lease term expired, the lease continued as a month-to-month tenancy. The parties agreed in the Lease that Landlord may terminate the tenancy by giving Tenant sixty (60) days' written notice. On February 24, 2022, Landlord gave notice that the Lease shall terminate on April 30, 2022 (“Termination Notice”). Termination Notice was served on Defendants in the manner specified in the Lea...

Excerpt: ...1) declaratory relief; (2) conversion; (3) unfair business practices; (4) violation of the California Uniform Commercial Code § 9623; (5) violation of the California Uniform Commercial Code §§ 9610-11; and (6) breach of oral agreement. The FACC alleges VBPI is in the business of exotic car sales. In October of 2019, VBPI and Yang discussed a potential business opportunity concerning the purchase of a rare 2018 Mercedes G650 Landaulet (the “G...

Excerpt: ...liction of emotional distress (IIED). This action is related to case no. 20SMCV01632. Both actions arise from an alleged lease agreement between Plaintiffs and Darshad, with an option to purchase real property more commonly known as 8620-8624 Holloway Drive, West Hollywood, California 90069 (“Holloway Drive Property”). Plaintiffs assert that prior to the lease, the property was uninhabitable and that they only took the lease to improve the pr...

Excerpt: ...ping, Inc./Preferred Insulation Contractors, Inc. (collectively, “PFI”) filed the instant motion for an order determining its settlement with Cross-Complainants American/BCEGZ, American Multifamily Inc. and BCEGI-USA, Inc. (collectively “American”) was made in good faith pursuant to Code of Civil Procedure sections 877 and 877.6. Cross-Defendant Jade Inc. filed a limited opposition on June 23, 2022. Defendants/ Cross- Complainants Shores ...

Excerpt: ...es five causes of action, including: 1) violation of Bus. & Prof. Code § 17200; 4) intentional interference with Prospective Economic Relations; 5) negligent interference with prospective economic relations; 6) breach of contract; and 7) aiding and abetting. On September 24, 2021, Defendants Suresh C. Jain; Pico 12300, LLC; and Suresh & Usha Jain Living Trust 2003 filed a special motion to strike. On January 27, 2022, the Court granted the anti-...

Excerpt: ...nc., dba Ollin Stone (“Ollin”), SCS Flooring Systems (“SCS”), Soka Gakka International (“Soka”) and Does 1 – 50 for (1) products liability negligence; (2) strict products liability; (3) negligence; (4) failure to warn; (5) premises liability; and (6) subrogation. The first, second, third, and fourth causes of action are against defendants Coastal, Ollin, and SCS. The fifth cause of action is against defendant Soka only, and the sixt...

Excerpt: ...his property. On March 18, 2022, Plaintiff filed a notice of exemption from the requirements of Civil Code § 5950. On March 30, 2022, Defendant filed a demurrer to each cause of action. LEGAL STANDARD A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. In a demurrer proceeding, the defect...

Excerpt: ...ne Kihagi filed the instant contract action against Defendants Susan M. Cohen (as trustee of the Susan M. Cohen Living Trust, etc.), Julie Barbin (as trustee of Julie Barbin U/AID, etc.), Sun Pacific Mortgage and Real Estate, Kendrick Walker, Redwood Trust Deed Services Inc. The complaint alleges ten causes of action for 1) breach of fiduciary duty, 2) usury & rescission of loan, 3) violation of Business & Professions Code § 1040 et seq., 4) vio...

Excerpt: ...nia Arbitration Act (“CAA”) or the Federal Arbitration Act (“FAA”), courts resolve doubts about an arbitration agreement's scope in favor of arbitration. (Moncharsh, supra, 3 Cal.4th at 9; Comedy Club, Inc. v. Improv West Assocs. (9th Cir. 2009) 553 F.3d 1277, 1284; see also Engalla v. Permanente Med. Grp., Inc. (1997) 15 Cal.4th 951, 971-972 [“California law incorporates many of the basic policy objectives contained in the Federal Arbi...

Excerpt: ... Inc. is likewise DENIED as to Mr. Mireles's claims. Defendants Axiall Corp., PPG Industries, Inc., and Westlake Chemical Corp.'s motion for summary judgment is GRANTED as to Mrs. Mireles's claims. Joinder by United Fabricare Supply Inc. is likewise GRANTED as to Mrs. Mireles's claims. BACKGROUND On June 20, 2018, Plaintiffs Jose Mireles and Meitsu Lisa Mireles filed this toxic tort action against Defendants Axiall Corp., PPG Industries, Inc., We...

Excerpt: ... every matter pertaining thereto. This authority necessarily includes disqualifying an attorney. (Metro-Goldwyn Mayer, Inc. v. Tracinda Corp. (1995) 36 Cal.App.4th 1832, 1837–1838.) The issue of disqualification ultimately involves a conflict between the clients' right to counsel of their choice and the need to maintain ethical standards of professional responsibility. (Id.) Disqualification is a drastic measure that is only justified where the...

Excerpt: ...written Lease Agreement for the Premises. After the initial lease term expired, the lease continued as a month-to-month tenancy. The parties agreed in the Lease that Landlord may terminate the tenancy by giving Tenant sixty (60) days' written notice. On February 24, 2022, Landlord gave notice that the Lease shall terminate on April 30, 2022 (“Termination Notice”). Termination Notice was served on Defendants in the manner specified in the Leas...

Excerpt: ...e, and foreclosure on mechanics lien. The dispute arises from a project for the construction of the Bottega Louie Restaurant located on BHFC's property. Defendants allegedly breached their agreement by failing to pay Shawmut for work and improvements it performed, and refusing to approve or pay for change order work and extra work performed by Plaintiff. On August 29, 2019, the parties entered a stipulation to stay this action pending arbitration...

Excerpt: ...aint against Defendant KID, LLC (“Defendant”) for (1) breach of contract, (2) declaratory relief, and (3) cancellation of lease due to frustration of purpose, commercial impracticability, and impossibility. This action concerns a commercial lease for the premises located at 8478 Melrose Avenue in West Hollywood, California (hereinafter, the “Premises”). Pierluigi paid KID a security deposit of $301,497.18 (the “Security Deposit”), plu...