Excerpt: ...cion; (2) conversion; (3) trespass; (4) intentional interference with contract; (5) equitable indemnity; (6) recovery of personal property (“claim and delivery”); and (7) declaratory relief. LeDuff filed a Cross-Complaint against Oubre on January 19, 2021, and filed her operative First Amended Cross-Complaint against Oubre on January 28, 2021. LeDuff asserts twelve causes of action for: (1) assault; (2) battery; (3) domestic violence under Ci...

Excerpt: ...SAC) alleges three causes of action for (1) strict products liability, (2) negligence, and (3) loss of consortium. Plaintiffs allege that Defendants designed, manufactured, distributed, and sold various orthopedic hardware systems, including the Profemur Z hip prosthesis components at issue in this matter. In 2003, Shaw underwent staged implantation of the bilateral Wright modular neck, Profemur Z stem and monoblock metal cup hip prostheses. The ...

Excerpt: ...ff Karen Horwitz and Angela Acosta (“Plaintiffs”) filed a complaint against Defendants The Regent of the University of California, John M, Moriarty, M.D., Frank Hao, M.D., and Does 1-250, inclusive (collectively “Defendants”) alleging four causes of action for (1) Dependent Adult Abuse pursuant to the Elder Abuse and Dependent Adult Civil Protection Act – Welfare and Institutions Code § 15600, et seq.), (2) professional negligence, (3)...

Excerpt: ...cal Technology, Inc., Advanced Surgical Devices, Inc., William Zurowski, and Frank Velazco, Plaintiffs filed the operative Second Amended Complaint (SAC). Plaintiffs' SAC alleges three causes of action for (1) strict products liability, (2) negligence, and (3) loss of consortium against defendants Wright Medical Technology, Inc., Advanced Surgical Devices, Inc., William Zurowski, and Frank Velazco. Plaintiffs allege that Defendants Wright Medical...

Excerpt: ...s. BACKGROUND On December 11, 2020, Plaintiffs Richman Bry and Riviera Capital Group, LLC (“Plaintiffs”) filed a complaint against Defendants Jack Dell, 1025 Ocean Avenue, Ltd. L.P., American Alliance Capital Group, LLC, and Does 1-20, inclusive (“Defendants”) alleging nine causes of action for (1) breach of fiduciary duty, (2) fraud, (3) negligent misrepresentation, (4) negligence, (5) breach of contract, (6) declaratory relief, (7) conv...

Excerpt: ...filed a Complaint against Defendants Shawne Merriman, Monica Maass, Elias Wehbe, Warwick LA, The Highlight Room, J.P. Castro and Does 1-50, inclusive, alleging three causes of action for: (1) battery; (2) Drug Dealer Liability Act; and (3) negligence. On April 19, 2021, Plaintiff filed a First Amended Complaint (FAC). On January 25, 2022, Defendants 6417 Selma Hotel, LLC, 6417 Selma Hotel Mezz, LLC, Hollywood International Regional Center Selma, ...

Excerpt: ... inclusive (“Defendants”) alleging causes of action for (1) breach of commercial promissory note, (2) breach of continuing guaranty, and (3) breach of business loan and security agreement. On January 3, 2022, Cross-Complainants Healthymouth, LLC and Karen Albert filed a First Amended Cross-Complaint against Cross-Defendants FC Marketplace, LLC, Funding Circle USA, and Roes 1-20, inclusive alleging 7 causes of action for (1) breach of written ...

Excerpt: ...nal Center (“NLACRC”), My Life Foundation, Kelly Parducci, Jamie Dewitt, Dr. Pyles, “Kelly”, Vincent Van Antwerp, and Does 1 -100 for: (1) Violation of California Government Code Section 815.2(a); (2) violation of California Government Code Section 815.2(a); (3) Negligence; and (4) Negligent Infliction of Emotional Distress. On March 10, 2022, Defendants NLACRC and My Life Foundation (collectively “Defendants”) filed this motion to co...

Excerpt: ...s player, alleges that Defendants called him a “wife beater” and “criminal.” (Complaint ¶¶ 16, 20, 25.) As a result of the alleged defamation, Brentwood Country Club banned Plaintiff from its premises. (Id. ¶ 26.) On November 24, 2021, Defendants filed a special motion to strike Plaintiff's complaint, specifically Paragraphs 10, 16-17, and 20-40 (the “anti-SLAPP Motion”). On March 16, 2022, Plaintiff filed this motion for leave to ...

Excerpt: ...�) [1] and Izzadore Strick (“Izzadore”) (collectively “Plaintiffs”) originally resided at the Premises pursuant to a written lease whereby Frank was the listed tenant and Defendants Natalie Tarnopolsky (“Natalie”), Assaf Tarnopolsky (“Assaf”), and the Tarnopolsky Family Trust (“Tarnopolsky Trust”) (collectively “Defendants”) were the owners and landlords of the Premises. On August 10, 2021, Plaintiffs filed the operative s...

Excerpt: ...omplaint, on September 9, 2017, Defendant Ronald M. Podell (“Defendant”) signed a written “Office Lease” (“Lease”) for Suite 615 within the Property (“Premises”). (Complaint ¶ 2.) Per the Lease, every month, Defendant was to pay a starting base rent, plus Common Area Maintenance (“CAM”) expenses, plus expense recovery, plus parking. (Complaint ¶ 5.) Beginning in July 2020, Defendant stopped making the required payments under...

Excerpt: ...laintiff's FAC as to the first, second, fourth, fifth, and sixth causes 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 (Hahn).)¿¿When considering demurrers, courts read the allegations liberally and in context.¿¿(Taylor v. City of Los Angeles Dept. of Water and Power¿(2006) 144 Cal.App.4th 1216, 1228.)¿ In a demurrer proceeding, th...

Excerpt: ...behalf of herself and derivatively on behalf of Cannaco Research Corporation, GBC, LLC, and GBC, LLC (collectively “Plaintiffs”) filed a complaint against Defendant VFARM 1509 Inc. dba Rose Collective, WFARM1045, dba, The Westwood Farmach, Ann Lawrence Athey, Rajesh Surendrakant Manek, Joel Michael Athey, Holmes, Taylor, Cowan & Jones, LLP, Gaytri Manek, Quantum Leap Enterprises LLC, Rose Collective, Inc., Sunnyside Collective, Inc. Highland ...

Excerpt: ... Joe Hernandez, dba H & H Heating & Air Conditioning (“Defendant”) alleging 4 causes of action for (1) fraud, (2) breach of contract, and (3) negligence. On March 4, 2022, Defendants filed a motion to correct error on judgment or in the alternative, vacate, and set aside default judgment pursuant CCP § 473(d) and § 473.5. There is no opposition to the motion. Defendant moves the Court to correct the default judgment entered in this matter, ...

Excerpt: ...2022, Healthymouth, LLC and Karen Albert (collectively, “Healthymouth”) filed an eight cause of action First Amended Cross-Complaint against FC Marketplace, LLC, and Funding Circle USA. On September 2021, FC Marketplace served third-party, Van Drunen Farms, Momence, Illinois (“Farms”), with a deposition subpoena for production of business records (“Subpoena”). Healthymouth argues that the Subpoena improperly asks Farms to disclose tra...

Excerpt: ...ecord; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest.” (McGuan v. Endovascular Techs., Inc. (2010) 182 Cal.App.4th 974, 988, paragraph breaks omitted [quoting California Rules of Court, rule 2.550(d)]....

Excerpt: ...nts” HEARING DATE: 03/30/2022 ANALYSIS The Court considers two motions filed by Plaintiff regarding discovery: (1) Plaintiff's Motion to Compel Defendant Robert Ouriel to Respond to “Supplemental Interrogatory” or, in the Alternative, for Terminating Sanctions; and (2) Plaintiff's Motion for Terminating Sanctions or, in the Alternative, to Compel Defendant Robert Ouriel to Respond to “Supplemental Request for Production of Documents.” P...

Excerpt: ... Shalit's investment in the Miller/Dube Loan (3rd Deed of Trust): Shalit is entitled to summary adjudication on the issue whether Dube and Miller owed Shalit fiduciary duties as an investor in the Miller/Dube Loan. Miller and Dube were licensed real estate brokers because they obtained and negotiated Shalit's investment in the Miller/Dube Loan. First Cause of Action for Fraud: None of the purported misrepresentations made by Shalit are actionable...

Excerpt: ...Defendants”) are owners of the real property located at 448 Euclid Street in Santa Monica, California (“Subject Premises”). On June 30, 2015, Cross-Defendants entered into a contract with Cross-Complainants, effectively hiring Cross-Complainants to construct Cross- Defendants' home upon the Subject Premises. Cross-Complainants allege that, during the construction of Cross-Defendants' home, Cross-Defendants entered into eighteen separate agr...

Excerpt: ...ess to their condominium unit to allow the Association to perform the necessary repairs. (Declaration of Patrick Malone, Esq. (“Malone Decl.”), Ex. A.) Plaintiff Association represents that since the parties executed the Agreement, Defendants obtained a temporary restraining order effectively prohibiting the Association from entering into Defendants' unit. On January 24, 2022, Plaintiff filed the instant Motion to Enforce Settlement Agreement...

Excerpt: ...laintiff”) filed this action's verified Complaint against defendants Gurgen Khachatryan, Abraham Stepanian, Ted Khachatryan, WRH, LLC, Westside Residential Holdings, LLC, and Artyom Khachatryan (collectively “Defendants”). The Complaint asserts the following causes of action against the Defendants: 1. Breach of Contract; 2. Breach of Implied Covenant of Good Faith and Fair Dealing; 3. Account Stated; 4. Money Lent; 5. Unjust Enrichment; 6. ...

Excerpt: ... “Defendants”) and Does 1-50 breached the severance agreement when they failed to pay him the installments and interest due on the last payment. On January 5, 2022, Plaintiff filed the instant motion for summary judgment on his complaint against CB1. There is no filed opposition. BASIS FOR MOTION Plaintiff argues that this is a simple collection action in which CB1 had agreed to pay Plaintiff $30,000, in exchange for Plaintiff's promise to re...

Excerpt: ...er compelling attendance, testimony, and production, the court may make any orders that are just, including imposing an issue sanction, an evidence sanction, or a terminating sanction under (commencing with CCP § 2023.010) against that party deponent or against the party with whom the deponent is affiliated. (CCP § 2025.450(h).) Under California's Discovery Act, a judge may impose sanctions against one who is “misusing the discovery process.�...

Excerpt: ...geles County Department of Mental Health; North Los Angeles County Regional Center; My Life Foundation, Kelly Parducci, Jamie Dewitt, Dr. Pyles, “Kelly”, Vincent Van Antwerp, and Does 1 -100 for: (1) Violation of California Government Code Section 815.2(a); (2) violation of California Government Code Section 815.2(a); (3) Negligence; and (4) Negligent Infliction of Emotional Distress. On January 4, 2022, defendant North Los Angeles County Reg...

Excerpt: ...012, Plaintiff and Defendant entered into a written contract (the “Agreement”) whereby Plaintiff agreed to purchase the Subject Property from Defendant. However, Plaintiff alleges that Defendant breached the Agreement on May 12, 2019, by refusing to sell the property and/or refusing to state the purchase price. On November 10, 2021, this Court sustained Defendant's demurrer to the complaint with leave to amend. On January 5, 2021, Plaintiff f...

Excerpt: ...Dutton's Motion to Compel a Response to “Supplemental Interrogatory Set One” against Defendant Ava Domanovski HEARING DATE: March 22, 2022 BACKGROUND On February 14, 2022, Plaintiff James Dutton (hereinafter, “Plaintiff”) filed a Motion for Evidentiary Sanctions, Terminating Sanctions, or in the Alternative, Compelling Responses to Demand for Production of Documents (Set One) against Defendant Robert Ouriel. On February 18, 2022, Plaintif...

Excerpt: ...mises”), and Richard Strom and Elena Kashtuyeva (“Defendants”), tenants occupying Unit 6 of the Subject Premises. Petitioner challenges a decision of the Santa Monica Rent Control Board (“Respondent” or “SMRCB”) providing a rent decrease to Defendants during construction of the Subject Property from $1,400.00 per month to $0.00 per month, arguing that this decision violated Santa Monica Municipal Code section 4.36.100(c)(2). On Apri...

Excerpt: ...tiff was employed by Defendants and the alleged violation was committed against him during his time of employment and he is, therefore, an aggrieved employee” and that plaintiff was an employee from March 2020 to approximately November 2020. (Compl. ¶¶ 15, 20.) Plaintiff further alleges that “Plaintiff has satisfied the administrative prerequisites under California Labor Code section 2699.3(a) to recover civil penalties against Defendants, ...

Excerpt: ...r”). This petition arises out of the tax assessment of Petitioner's home. Petitioner alleges that “[o]n January 1, 2005, Petitioner and his wife, Shiva Nataly Harounian, were each 50% owners in Believers, LLC, a California limited liability company. They resided together in California as husband and wife and Believers, LLC was their community property.” (FAP ¶ 1.) On April 20, 2007, Believers, LLC purchased a single-family home at 416 N. R...

Excerpt: ...January 26, 2022. The Court set an OSC re Preliminary Injunction for March 16, 2022, noting that the parties were to follow a briefing schedule according to Code. On March 7, 2022, Plaintiff filed an amended complaint. In the TRO application, Plaintiff applied for an OSC re why the Court should not issue an injunction during the pendency of the above-titled action, pursuant to Code of Civil Procedure sections 525, 526, 527, and 528 enjoining defe...

Excerpt: ...Regents I”) alleging that defendant Magellan Health Services breached the LOA by denying or partially denying UCLA Health's invoices for behavioral health treatment provided to forty-two health plan members. (See RJN Ex. 14.). Plaintiff filed an amended complaint on February 11, 2020. Plaintiff bases the breach of contract claim on Exhibit “A” in the FAC, listing 28 patients (with patient initials to protect privacy), the admit date, the di...

Excerpt: ...ants”) filed this cross-complaint against Cross-Defendants Trinity Media Financing International (“Trinity”), Morgan Emmery (“Emmery”), Jean-Charles Levy (“Levy”), and Roes 1 - 10 (collectively, “Cross- Defendants”). The cross-complaint contains claims for (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) intentional interference with contract; (4) fraud; and (5) declaratory relief. The s...

Excerpt: ..., open book, account stated, breach of guaranty, and claim and deliver against Defendants Color OnDemand, Inc., Ramin Benyamin, Arsalan Motamen aka Alex Motamen, Ramin Mikail, and Does 1-10. Plaintiff filed three applications for a writ of attachment as to (1) Ramin Benyamini and Arsalan Motamen; (2) Color OnDemand; and (3) Ramin Mikail. The applications for writ of attachment for Ramin Benyamini, Arsalan Motamen, and Color OnDemand, Inc. are uno...

Excerpt: ...ants”) filed this cross-complaint against Cross-Defendants Trinity Media Financing International (“Trinity”), Morgan Emmery (“Emmery”), Jean-Charles Levy (“Levy”), and Roes 1 - 10 (collectively, “Cross- Defendants”). The cross-complaint contains claims for (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; (3) intentional interference with contract; (4) fraud; and (5) declaratory relief. The s...

Excerpt: ... of default against Defendants, which was granted. On August 11, 2021, Defendant Farshid Moossazadeh filed an ex parte application seeking relief from default. The declaration accompanying the ex parte application contained a proposed answer for both Nahal Moossazadeh and Farshid Moossazadeh. The Court denied ex parte relief and set the hearing on the motion to set aside default on January 6, 2022. On January 3, 2022, Defendants Farshid Moossazad...

Excerpt: ...GAL STANDARD Code of Civil Procedure section 473(a)(1) provides: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after noti...

Excerpt: ...ny part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” (9 U.S.C. § 2.) When an arbitration agreement “provides that the arbitration is to be governed by the FAA and not California law, generally the California Arbit...

Excerpt: ...Inc., 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 six...

Excerpt: ...mpt Trust, both created under the amended Harry and Frances Goldberg Trust dated November 19, 1982 (“Flynn” or Cross-Complainant”) filed this action against Cross-Defendant Lori Hyland, an individual and as Trustee of Lori's Exempt Trust and Trustee of Lori's Non-Exempt Trust, both created under the amended Harry and Frances Goldberg Trust dated November 19, 1982 and Roes 1 -10. Flynn's cross-complaint contains claims of: (1) breach of cont...

Excerpt: ...good faith and fair dealing, and (3) violation of Business and Professions Code §17200 et seq. Plaintiff filed an amended complaint on January 7, 2022. This suit arises out of a comedian's failure to perform at a school's charity event. Plaintiff alleges that pursuant to an agreement, “Colin Quinn was to perform on November 3, 2018 at the gala-charity fund raising event at the Fairmont Hotel hosted by the Archbishop Mitty High School for a com...

Excerpt: ...supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and corrected. 2. A judgment or decree not consistent with or not supported by the special verdict.” (Code Civ. Proc., § 663.) Code of Civil Procedure section 663 only “empowers a trial court, on motion of ‘[a] party ... entitl[ed] ... to a different judgment' from that which has been entered, to vacate its judgment and enter...

Excerpt: ...y American, without prejudice, due to American's prior counsel's failure to serve them with the operative cross-complaint. LEGAL STANDARD California Code of Civil Procedure section 473(a)(1) provides, in relevant part: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, o...

Excerpt: ... unclean hands, (8) in pari delicto, (9) equitable estoppel, (14) forbearance/modification, (15) usury, (16.) excuse of performance, (17.) illegality, (18) duress, undue influence, (19) sham pleading/no financial elder abuse and (20) lack of standing. On March 15, 2018, the Court sustained demurrers to affirmative defenses Nos. 14, 15, 18, and 20, struck No.19, and struck her allegation that the Duttons lacked California residency (RJN Ex.13, pp....

Excerpt: ...alment; (5) Breach of Implied Warranties; and (6) Loss of Consortium against various Defendants including Fabritec as a Doe Defendant. (Currie Decl., ¶ 4; Fabritec's Request for Judicial Notice ("RJN"), Exhs. 1, 2.) On February 4, 2022, Defendant Fabritec International Corporation (“Fabritec”) filed this motion for a determination of a good faith settlement between itself and Plaintiffs. The motion is unopposed. LEGAL STANDARD “Any party t...

Excerpt: ...a Film Keyz Productions) HEARING DATE: 03/02/2022 LEGAL STANDARD Requests For Admissions (RFAs) When a party fails to timely respond to requests for admissions (RFAs), the requesting party may move for an order that “the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction.” (Code Civ. Proc., § 2033.280.) The motion will be denied if the Court finds both th...

Excerpt: ...orm, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inad...

Excerpt: ...is specified by statute or rule, judges may fashion nonstatutory procedures suitable to the specific cases before them.” (Weiss v. People ex rel. Department of Transportation (2020) 9 Cal.5th 840, 857 [quoting Citizens Utilities Co. v. Superior Court (1963) 59 Cal.2d 805, 812–813].) ANALYSIS Defendant MME Enterprises USA, LLC (“MME USA”) seeks an order requiring James Parker to repay advanced fees and declaring that it has no obligation t...

Excerpt: ...Adrian Jimenez”). The petition is unopposed. LEGAL STANDARD A petition for court approval of a compromise of . . . a minor's disputed claim; a compromise or settlement of a pending action or proceeding to which a minor or person with a disability is a party; . . . must be verified by the petitioner and must contain a full disclosure of all information that has any bearing upon the reasonableness of the compromise, covenant, settlement, or dispo...

Excerpt: ...erior court a verified memorandum of costs under rule 3.1700.” (Cal. Rules of Court, Rule 8.278 (c)(1).) The failure to timely file a costs bill on appeal forfeits the entitlement to such costs. (Moulin Electric Corp. v. Roach (1981) 120 Cal.App.3d 1067, 1070.) In addition, “a party may serve and file a motion in the superior court to strike or tax costs claimed under (1) in the manner required by rule 3.1700.” (Cal. Rules of Court, Rule 8....

Excerpt: ...Specifically, “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc., § 1048(a).) The purpose of consolidation is to avoid unnecessary costs or delay, avo...