Excerpt: ...ixed term lease. LEGAL STANDARD The meet and confer requirements do not apply to unlawful detainer demurrers. (See Code Civ. Proc., § 430.41(d)(2).) “On or before the day fixed for his appearance, the defendant may appear and answer or demur.” (Code Civ. Proc., § 1170.) 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.A...

Excerpt: ...ct products liability, (2) negligence, (3) breach of warranty, and (4) loss of consortium. This suit arises out of alleged injuries from a “profemur Z hip prosthesis.” Plaintiffs allege that Wright Medical Group, Inc., either directly or through its subsidiaries, “designed, manufactured, distributed and sold in California various orthopedic hardware systems including the Profemur Z hip prosthesis components at issue in this case.” (FAC ¶...

Excerpt: ... (4) removal of Lateral Support (damages); and (5) nuisance (damages). On March 6, 2019, Plaintiff dismissed the slander of title claim in the complaint. Therefore, the second through fifth causes of action remain. Plaintiffs filed a notice of lis pendens on November 25, 2020. On December 21, 2020, Defendants filed a motion to expunge lis pendens. LEGAL STANDARD “At any time after notice of pendency of action has been recorded, any party, or an...

Excerpt: ...aintiff failed to allege sufficient facts to state a cause of action. Defendant also filed 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 determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41.) A demurrer for...

Excerpt: ...L-NSL- 186T711-6-83, issued by Plaintiff and Cross-Defendant The Travelers Indemnity Company (“Travelers”), with respect to the underlying Indiana Action and the underlying Indiana Site. The at issue provision is commonly known as the “qualified pollution exclusion.” (See Ex. A to Newman Decl. pp. 4-11.) The policy excludes, among other things: H. to bodily injury or property damage arising out of the discharge, dispersal, release or esca...

Excerpt: ...onstruction contract with project owner Cross-Complainant Shores, LLC (“Shores”) to build an apartment complex in Marina Del Rey, California (“Project”). American posted a construction performance bond to provide security for the work to be performed, bond Number 879889 (the “Bond”), issued by Cross-Defendant The Insurance Company of Pennsylvania (the “Surety”). On March 23, 2018, the Court denied the Surety's Motion for Summary A...

Excerpt: ... the motion for judgment on the pleadings . . . for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings.” (Code Civ. Proc., § 439(a).) “A motion for judgment on the pleadings may be made at any time either prior to the trial or at the trial itself. [Citation.]” (Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 877.) A motion for judgment on the ...

Excerpt: ... 13.) Plaintiffs assert claims for battery, the Drug Dealer Liability Act, and negligence. Plaintiffs assert certain defendants are liable based on agency liability and civil conspiracy. 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 t...

Excerpt: ... CA 90401 and another at 1242 10th Street, Santa Monica, CA 90401. Plaintiff filed an action for review of the Santa Monica Rent Control Board's decision as to units within the above-mentioned buildings. On October 6, 2020, Defendant Richard Strom, a tenant of Plaintiff, filed a special motion to strike, seeking to strike Plaintiff 1238 10th Street, LLC's declaratory relief cause of action brought against Defendant. LEGAL STANDARD A special motio...

Excerpt: ...2020. A letter and further information regarding the remote deposition were personally served on Mr. Skiba. Mr. Skiba agreed to appear for the deposition. However, on the date of the deposition, there was no appearance. On January 5, 2021, the Court held a hearing on Defendants' Motion to Compel Mr. Skiba's deposition. The Court granted that motion. LEGAL STANDARD Parties can obtain discovery from nonparties through a “deposition subpoena.” (...

Excerpt: ...s fees. LEGAL STANDARD “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition t...

Excerpt: ... of this matter, in the amount of $493,710.63, plus fees and costs in connection with this motion. LEGAL STANDARD “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party spec...

Excerpt: ...t his damages total $71,136.00 from the following: (i) loss of use of property; (ii) general damage; (iii) property damage; and (iv) punitive damages. The complaint contains no other allegations or facts. Defendant demurs on the basis that Plaintiff has failed to allege sufficient facts to state a cause of action for negligence and on uncertainty. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person...

Excerpt: ...very on mechanics' lien release bond; (4) open book account; (5) account stated; and (6) quantum meruit. Plaintiff alleges that Defendants are “the owners, reputed owners, or leasehold owners of the real property located at 28876 Via Venezia, Malibu, California 90265” (Compl. ¶ 3.) Plaintiff alleges that the property burned in the 2018 Woolsey Fire. (Id. ¶ 13.) On January 23, 2020, Defendant Leonard Simonian filed a cross- complainant again...

Excerpt: ... preserve the status quo pending final resolution upon a trial. (See Scaringe v. J.C.C. Enterprises, Inc. (1988) 205 Cal.App.3d 1536.) The status quo has been defined to mean the last actual peaceable, uncontested status which preceded the pending controversy. (14859 Moorpark Homeowner's Assn. v. VRT Corp. (1998) 63 Cal.App.4th 1396. 1402.) Preliminary injunctive relief requires the use of competent evidence to create a sufficient factual showing...

Excerpt: ...os Angeles, State of California, and Does 75 -100. Plaintiff alleged that “Defendants allowed mosquitoes to breed and thrive at County Marina Del Rey Oxford Basin and plaintiff thereby contracted West Nile Virus.” (FAC ¶ Prem.L-1 at p. 6.) Plaintiff further alleges that this was a dangerous condition of public property. (See FAC ¶ Prem.L-4.(a) at p. 6.) Plaintiff alleges that “The condition was created by employees of the defendant public...

Excerpt: ...s and each of them, did so negligently, carelessly and reckless, own operate, manage, control and maintain the premises, a parking garage, in such a manner a to proximately cause great bodily harm and personal injury to plaintiff.” As to Plaintiff's premises liability claim, Plaintiff alleged “Defendants caused and allowed a dangerous condition to exist on property owned and managed by them in such a way as to proximately cause personal injur...

Excerpt: ...ates Security and Palisades Patrol Services. Plaintiff alleges that Defendants made false statements to the police that resulted in Plaintiff's arrest and criminal prosecution. On September 18, 2020, Defendants Gates Security and Palisades Patrol Services filed this Anti-SLAPP motion, which was later joined by defendant Anthony Gonzales. LEGAL STANDARD A special motion to strike “may be filed within 60 days of the service of the complaint or, i...

Excerpt: ...presentations, omissions, and concealment; and (5) breach of fiduciary duty against defendants Angela Lundgren, individually and as trustee of the Angela Lundgren Trust dated December 27, 2012; Sharon L. Lundgren, individually and as trustee of the Angela Lundgren Trust dated December 27, 2012; Ronald Wynn, an individual; Coldwell Banker Residential Brokerage, a California corporation; and Does 1 through 30. LEGAL STANDARD “Before filing a moti...

Excerpt: ...s.1 -50 for (1) breach of the duty to pay a covered insurance claim, (2) breach of the duty of good faith and fair dealing, and (3) negligence. On December 11, 2020, Defendant MBIC filed a motion for judgment on the pleadings. JUDICIAL NOTICE MBIC requests judicial notice of three documents. Exhibit A is a hearing transcript on a demurrer in case no. 20CV001274, The Inns by the Sea v. California Mutual Insurance Company and includes a signed orde...

Excerpt: ...plaint on March 10, 2020. The court sustained the demurrer in part on September 24, 2020. (See 09/24/2020 Minute Order.) On September 30, 2020, Plaintiff filed a first amended complaint. On October 13, 2020, Adco filed a demurrer with a motion to strike the first amended complaint. On November 16, 2020, Defendant Occidental Chemical Corporation filed a joinder to Adco's demurrer. On February 24, 2021, Plaintiff filed a joint opposition to the dem...

Excerpt: ...of action in the first amended complaint and a motion to strike. Plaintiff filed an untimely opposition. The Court exercises its discretion and considers the untimely opposition. 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 rai...

Excerpt: ...ct (personal guaranty); and (3) declaratory relief. Mapleton loaned defendants Fund IV and Fliptracker $80,000 in April and another $80,000 in August of 2015. (Compl. ¶¶ 10-11.) Mapleton alleged that Defendant Fragoso personally guaranteed repayment of these two notes. (Compl. ¶¶ 12-13.). The first cause of action is against the entity defendants. The second cause of action is against Fragoso and the third cause of action for declatory relief...

Excerpt: ...ries. On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete. (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate. (3) An objection to an interrogatory i...

Excerpt: ...en held pursuant to the Corporations Code and the corporation's by laws. (see 1/23/2020 Order.) On December 7, 2020, the Court granted Plaintiff's ex parte request for a temporary restraining order. On this same date, Plaintiff filed a motion for preliminary injunction. Plaintiff requests a preliminary injunction: (1) halting all additional payments to the Yossefis; (2) mandating the return of all retroactive pay taken by Uriel and Nuriel Yossefi...

Excerpt: ...ks an order dismissing the lawsuit. On November 27, 2019, the parties entered into a joint stipulation to mediate and arbitrate the dispute. (See Saunders Decl. ¶ 6, Ex. C.). The joint stipulation and the Court's order stayed the action pending the mediation and/or arbitration, provided that the Court would retain jurisdiction to dismiss this action if the parties settled this controversy at mediation. (See id.; see also 01/02/2020 Order.) The p...

Excerpt: ...vely, the brother-in-law and the father-in-law) and Laine S. Goldman (the son-in-law and the deceased's husband) for the medical payments of Johanna Jayne Goldman. (TAC, ¶¶ 1 -4.) Goldman sought Plaintiffs' financial help for Johanna's expenses for her cancer treatments in exchange for an oral promise to repay Plaintiffs the borrowed funds upon the sale of the Riverside property owned by Goldman. (Id. ¶ 6.) On August 21, 2020, Defendant Estate...

Excerpt: ...ency public order. The City alleged that Los Angeles School of Gymnastics, Inc. held indoor athletic classes and activities. (See, e.g., Compl. ¶ 42.) The City also alleges that it received complaints that Defendants continued to operate indoors in violation of state, county, and city orders prohibiting such activities. (See Compl. ¶ 17, 23, 24, 27.) The city alleges that its fire inspectors witnessed violations. (See Compl. ¶ 23, 26, 27 – 2...

Excerpt: ...nity, apportionment of fault, declaratory relief, contribution and negligence and named various contractors and subcontractors as defendants. 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. Pr...

Excerpt: ...s as a result of the Defendants' failure to utilize reasonable care in the maintenance of their premises.” Smith incorporated the same allegations in her negligence cause of action. Cross-complaints On April 25, 2019, Cross-Complainants Beverly Drive Building, LLC; Golden Triangle Building, LLC; and JDC Investments (hereinafter collectively referred to as the “Beverly Drive Defendants”) filed a cross-complaint against Cross-Defendants Dian ...

Excerpt: ...d if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete. [or] (2) A representation of inability to comply is inadequate, incomplete, or evasive. [or] (3) An objection in the response is without merit or too general.” (Code Civ. Proc., § 2031.310(a).) A party filing a motion compel further must “set forth specific facts showing good cause justifying the discovery sought by th...

Excerpt: ..., Acme Clean Air, and Southern California Clean Air, Inc. (“SoCal Clean Air”) for breach of contract, fraudulent concealment, negligence, violation of Civil Code section 1102, violation of Civil Code section 2079, and negligence. On June 1, 2020, defendant SoCal Clean Air, DBA Acme Clean Air(“Acme”) filed a cross-complaint against Marlo Ehrlich asserting the following claims: (1) express indemnity; (2) breach of contract (duty to defend);...

Excerpt: ...THC Industries, LLC (“THC LLC”) (collectively “Respondents”) on the grounds that they are the prevailing parties on the petition to confirm arbitration. Petitioners argue that they are entitled to $84,915.00 for reasonable post-award attorney's fees and $1,953.36 in costs. LEGAL STANDARD “Under the American rule, each party to a lawsuit ordinarily pays its own attorney fees.” (Mountain Air Enterprises, LLC v. Sundowner Towers, LLC (20...

Excerpt: ...ees are reasonable, courts consider the following factors: (1) the number of hours spent on the case, (2) reasonable hourly compensation for the attorney, (3) the novelty and difficulty of the questions involved, (4) the skill displayed in presenting them, and (5) the extent to which the litigation precluded other employment by the attorney. (Aetna Life & Cas. Co. v. City of Los Angeles (1985) 170 Cal.App.3d 865, 880.) PRELIMINARY MATTERS On Febr...

Excerpt: ... action: (1) breach of contract; (2) trespass; (3) aiding and abetting trespass; and (4) unjust enrichment. Defendant Yigitcan Efe demurs to the complaint. 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.”...

Excerpt: ...very or disclosure is sought of peace or custodial officer personnel records or records maintained pursuant to Section 832.5 of the Penal Code or information from those records, the party seeking the discovery or disclosure shall file a written motion with the appropriate court or administrative body upon written notice to the governmental agency that has custody and control of the records, as follows: (1) In a civil action, the written notice sh...

Excerpt: ...te unless the petitioner denies the existence of such an agreement. (b) Set forth the names of the arbitrators. [and] (c) Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.” (Code Civ. Proc., § 1285.4.) The petition must also “name as respondents all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285.) A petition...

Excerpt: ...f an express warranty relating to the purchase of a new 2018 Ford F-150 Shelby truck. BASIS FOR SUMMARY JUDGMENT/ SUMMARY ADJUDICATION Defendants Ford Motor Company and Huntington Beach Ford (“Defendants”) seek summary judgment on the basis that: 1. Plaintiff cannot present evidence to prove the necessary elements of his claim for breach of implied warranty under the Song-Beverly Consumer Warranty Act because Ford made a prompt offer to repur...

Excerpt: ...ssex Marina City Club, Does 1 – 100 and Marina City Club Condominium Owners Association (nominal defendant) for breach of fiduciary duty, breach of contract, and accounting. The first cause of action is against the “Director Defendants,” who are identified as defendants Kelliher, Bergmann, Pesce, Rahmati and Bryce. (See FAVDC ¶ 16, p. 11:27.) The second cause of action is against Seabreeze and Essex, while the third cause of action is agai...

Excerpt: ...t. On April 28, 2020, Defendants filed a motion to vacate the default and any default judgment. An opposition by Plaintiff was filed on September 4, 2020 followed by Defendants' reply on September 16, 2020. An improper sur-reply was filed by Plaintiff on September 18, 2020. The sur-reply was not authorized by the Code or by the Court and will be stricken from the record. LEGAL STANDARD Motion to Set Aside/Vacate Default Under Code of Civil Proced...

Excerpt: ...r Sanctions HEARING DATE: 1/29/2021 DISCOVERY DISPUTE On January 16, 2019, defendant Morris Cerullo World Evangelism (“MCWE “) served Plaintiff with its first set special interrogatories. (Galuppo Decl. ¶ 4, Ex. A.) On March 8, 2019, Plaintiff responded by serving unverified, deficient responses, which did not respond to all of the interrogatories. (Galuppo Decl. ¶ 5, Ex. B.) On March 14, 2019, Plaintiff finally served the verifications to ...

Excerpt: ...egligence. Plaintiff named Jade OPCO, LLC DBA Paramount Building Solutions as Doe 1 on September 3, 2019. (See Doe Amendment.) On October 4, 2019, Bristol Farms filed its operative First Amended Cross-Complaint (“FACC”) against Jade Opco and Roes 1 -25, asserting causes of action for: (1) Comparative Indemnity and Apportionment of Fault; (2) Total Equitable Indemnity; (3) Contribution; (4) Declaratory Relief; (5) Contractual Indemnity (as to ...

Excerpt: ...al property located at 536 Hilgard Avenue Property (“Hilgard Property”). LEGAL STANDARD A demurrer for sufficiency tests whether the complaint alleges facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10(e); 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, deduct...

Excerpt: ...Defendant filed a demurrer. 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.) A demurrer for sufficiency tests whether the complaint alleges facts sufficient to constitute a c...

Excerpt: ...ery. Defendants make this motion pursuant to California Rules of Court, Rule 3.1332 and Code of Civil Procedure section 2024.050. While Plaintiff initially opposed this motion, Plaintiff filed a notice indicating that he was withdrawing his opposition to this motion. Therefore, this motion is unopposed. LEGAL STANDARD Granting or denying a continuance is within the Court's discretion. (Schlothan v. Rusalem, (1953) 41 Cal.2d 414, 417.) Each reques...

Excerpt: ...ling, and conversion. Defendant seeks to strike six items of the complaint. This is an action between a former landlord and a former tenant. Plaintiff alleged that Defendant Evan Grayson destroyed his condo. LEGAL STANDARD “Before filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of det...

Excerpt: ...event that any dispute arises related to this Agreement including if the dispute involves the Company, all of your legal fees will be paid by the Company regardless of the outcome of the dispute for your lifetime. In that case, the maximum amount of the benefit on an annual basis will be Five Hundred Thousand U.S. Dollars ($500,000.00), with no carryovers permitted between years (and no consequential impact between or among years), and reimbursem...

Excerpt: ...re that is painful, protracted, or intrusive. [and] (2) The examination is conducted at a location within 75 miles of the residence of the examinee.” (Code Civ. Proc., § 2032.220(a).). In addition, “A defendant may make a demand under this article without leave of court after that defendant has been served or has appeared in the action, whichever occurs first.” (Code Civ. Proc., § 2032.220(b).). “If a defendant who has demanded a physic...

Excerpt: ...n RX Holding”) (collectively “Defendants”) asserting breach of written lease agreement and breach of a written rolling guaranty of lease. Plaintiffs allege that on September 11, 2019, “Plaintiffs and Defendant TIN RX entered into a Lease Agreement pursuant to which Defendant TIN RX leased the Property from Plaintiffs for the term of ten years and six months.” (Compl. ¶ 16.). Plaintiff alleges that “Defendant TIN RX has breached the L...

Excerpt: ...ismissal by the clerk under Code of Civil Procedure section 664.5 or [2] the date of service of written notice of entry of judgment or dismissal, or [3] within 180 days after entry of judgment, whichever is first.” (CA Rules of Court, Rule 3.1700(a).) 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 incurre...