Excerpt: ...ing Jacques Wylan Plumbing, Inc. (JWP) are liable for negligence, premises liability, private nuisance, and trespass. Jacques Wylan Plumbing, Inc. filed a demurrer with a motion to strike the first amended complaint (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...

Excerpt: ...and negligence against various contractors and subcontractors, including Cherry Hill. LEGAL STANDARD The purpose of a motion for summary judgment or summary adjudication “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. Atl. Richfield Co. (2001) 25 Cal. 4th 826, 843.) “Code of Civil Procedure...

Excerpt: ...tion. LEGAL STANDARD Compelling arbitration A party to an arbitration agreement may seek a court order to compel the parties to arbitrate a dispute covered by the agreement. (Code Civ. Proc., § 1281.2) “The court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the p...

Excerpt: ...scobedo, individually and as successor-in-interest to the Estate of Christina Stephenson and Christian Escobedo (“Plaintiffs”) filed a First Amended Complaint (“FAC”), asserting causes of action against Defendants Emanate Health Medical Center dba Citrus Valley Medical Center Inter-Community Campus (“Emanate”), Robinson V. Baron, M.D. (“Baron”), Ower Castro, M.D. (“Castro”), Mojtaba Moghadam, M.D. (“Moghadam”), Adam J. Sny...

Excerpt: ...of the EJG Family Trust dated January 25, 2018, and Does 1 -20 for (1) nuisance, (2) invasion of privacy, (3) spite fence abatement – Civil Code 841.4, (4) violation of LAMC 41.30 (pursuant to Govt. Code 36900), (5) violation of LAMC 12.22.C.20(f) (pursuant to Govt. Code 36900, (6) violation of LAMC 12.08.C.2 (pursuant to Govt. Code 36900), and (7) declaratory relief. Plaintiff alleges that in 2006 Plaintiff transferred title of Plaintiffs Prop...

Excerpt: ... Plaintiff Guy Abramov is the son of Plaintiff Amir Abrmov. (See Compl. ¶ 2.) On October 16, 2020, GEICO filed an answer to the complaint. On October 19, 2020, GEICO filed a notice of removal of this action to federal court. On December 2, 2020, the matter was remanded back to this Court. In their complaint, Plaintiffs allege that a 2019 BMW M5 was insured by GEICO under two policies – (1) an umbrella policy and (2) a family automobile insuran...

Excerpt: ... not to respond to questioning on grounds other than privilege; (2) For a protective order prohibiting untoward behavior, improper objections, and coaching; (3) An order appointing a Discovery Referee/Special Master (paid for by the Defense) to chaperone the event, keep the process moving, and prevent improper behavior; and (4) An order awarding sanctions against Defendants and their counsel (Dentons US LLP) in the amount of $10,008.87 for costs/...

Excerpt: ...endants Lynard Chris Hinojosa, Hinojosa & Forer, LLP, and Does 1 -60. Plaintiff alleges that Lynard Chris Hinojosa is an attorney, that Hinojosa & Forer, LLP is a law firm, and that Plaintiff employed Defendants as his lawyers (See Compl. ¶¶ 2, 3, 12.) Plaintiff seeks damages for legal malpractice and elder abuse related to Defendants' conduct in the controversy between Plaintiff and Aviva Leneman Weiner. (Compl. ¶ 8.) Plaintiff alleges that D...

Excerpt: ...t Newmark of Southern California Inc. (“Newmark of Southern California Inc.”) 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 sufficienc...

Excerpt: ... of lateral support (damages); and (5) nuisance (damages). On March 6, 2019, Plaintiff dismissed the slander of title claim in the complaint. On March 5, 2021, Defendant Nu Find Homes, LLC filed a motion for summary judgment, or in the alternative, a motion for summary adjudication. BASIS FOR THE MOTION To the extent Defendant Nu Find is not granted summary judgment, Defendant Nu Find seeks summary adjudication of the following causes of action o...

Excerpt: ...ongful Eviction; (6) Nuisance; and (7) Concealment. “On June 18, 2018, Defendant notified Plaintiff that it would be performing seismic retrofit work to the Building. Defendant represented that the work would cause only periodic construction noise and vibration, with heavy construction lasting only a few weeks, and with all work anticipated to end in late October 2018.” (Compl. ¶ 12.) Plaintiff alleges that it notified Defendant about the pr...

Excerpt: ...efendant” or “Benihana Marina”). The FAC is a Labor Code Private Attorneys General Act (“PAGA”) action. Plaintiff brings this suit as representative of the State of California and the Labor and Workforce Development Agency, and on behalf of herself and other current and former employees. Plaintiff alleges that she worked for Defendant at the Santa Monica location from May 2019 through approximately December 2019. Plaintiff alleges viola...

Excerpt: ...iled a seven- cause of action Cross-Complaint against FC Marketplace, LLC, Funding Circle USA, and Roes 1 -20. On May 13, 2021, Cross-Defendants FC Marketplace, LLC and Funding Circle USA, Inc. filed a motion to stay and compel judicial reference. LEGAL STANDARD Under Code of Civil Procedure section 638, “[a] referee may be appointed upon the agreement of the parties filed with the clerk, or judge, or entered in the minutes, or upon the motion ...

Excerpt: ...dvantage (by VPI against Defendants FSL and LYNN ); (3) trespass (by individual Plaintiffs only); (4) ejectment (by individual Plaintiffs only); (5) omitted; (6) declaratory relief (by individual plaintiffs only); and (7) fraud (by all plaintiffs against Defendant Lynn). On December 4, 2020, Defendants French Sailor LLC, Robert A. Lynn and LGO Wilshire, LLC (“Defendants”) filed a motion for summary judgment or in the alternative, summary adju...

Excerpt: ...land, individually 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 (Cross-Defendant or “Hyland”) and Roes 1 -10 for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) breach of fiduciary duty, (4) conversion, (5) declaratory relief – LA properties management, (6) declaratory relief – Hi...

Excerpt: ...ach of contract; (3) breach of the implied covenant of good faith and fair dealing; (4) breach of implied covenant to perform work in a good and competent manner; (5) breach of fiduciary duty; (6) aiding and abetting breach of fiduciary duty; (7) fraud and deceit; (8) aiding and abetting fraud and deceit; (9) negligence; (10) conversion; (11) aiding and abetting conversion; and (12) violation of Business & Professions Code §§ 17200 et seq. On F...

Excerpt: ...k”) initiated this personal injury action. On June 26, 2020, Plaintiff filed a first amended complaint for premises liability and negligence against Trader Joe's Company (“Trader Joe's”) and Does 1 -25. Plaintiff alleges, “on or about May 4, 2018, while PLAINTIFF was lawfully on DEFENDANT'S premises, located at 3212 Pico Boulevard, Santa Monica, California 90405, PLAINTIFF was injured when one of DEFENDANT'S employees and/or agents, while...

Excerpt: ...tiff or “Parakhovnik”) initiated this personal injury action. On June 26, 2020, Plaintiff filed a first amended complaint for premises liability and negligence against Trader Joe's Company (“Trader Joe's”) and Does 1 -25 (“Defendants”). Plaintiff alleges, “on or about May 4, 2018, while PLAINTIFF was lawfully on DEFENDANT'S premises, located at 3212 Pico Boulevard, Santa Monica, California 90405, PLAINTIFF was injured when one of DE...

Excerpt: ...reinafter, ‘Decedent'), who was killed in the incident giving rise to this action” (Compl. ¶ 1.) Sidney Von William Summerville was appointed guardian ad litem on April 18, 2018 for Ms. Summerville in the BC698998 action. Plaintiff alleged “on or before November 3, 2017, an unknown individual contracted with LION'S LIMO to hire a party bus (hereinafter, ‘first party Bus') for a birthday party for the period of time beginning on Friday, N...

Excerpt: ...e a memorandum of costs within 15 days after [1] the date of service of the notice of entry of judgment or dismissal 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...

Excerpt: ...7.) “If a deponent fails to answer any question or to produce any document, electronically stored information, or tangible thing under the deponent's control that is specified in the deposition notice or a deposition subpoena, the party seeking discovery may move the court for an order compelling that answer or production.” (Code Civ. Proc., § 2025.480(a).) [S]ubdivision (a) [in Code of Civil Procedure section 2025.480] refers to documents s...

Excerpt: ... concealment; and (5) conversion. On August 28, 2020, Justin Liu filed a demurrer to the fourth and fifth causes of action based on sufficiency. 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....

Excerpt: ...) and Does 1- 10. This action concerns a commercial lease for the Premises, located at 8478 Melrose Avenue in West Hollywood, California (the “Premises”). Pierluigi paid KID a security deposit of $301,497.18 (the “Security Deposit”), plus key money in the amount of $420,000 (the “Key Money”), for a total of $721,497.18. (Compl. ¶ 9.) Plaintiff alleges that Defendant breached the lease when it failed to transfer certain licenses to Pl...

Excerpt: ...he demand is incomplete. (2) A representation of inability to comply is inadequate, incomplete, or evasive. (3) An objection in the response is without merit or too general. (Code Civ. Proc., § 2031.310(a).) A party filing a motion to compel further needs to comply with two requirements. (Code Civ. Proc., § 2031.310(b).) First, a party filing a motion to compel further must include a meet and confer declaration under Section 2016.040. (Code Civ...

Excerpt: ...riel's motion was frivolous. Plaintiffs seek $30,223 in attorney's fees and costs. On September 21, 2020, Plaintiffs gave notice to Defendant that the motion for attorney's fees was set for February 23, 2020. (See 09/21/2020 Proof of Service.) This motion is unopposed. LEGAL STANDARD “[I]n any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs...