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 ...