Excerpt: ... (4) breach of fiduciary duty; (5) declaratory relief; and (6) accounting. On January 16, 2020, Plaintiff dismissed Starpoint Properties, LLC. On February 2, 2020, Defendants Peachtree Parkway Properties, LLC, Starpoint Commercial Properties, LLC; and Bahman Farahnik filed a motion to compel arbitration. LEGAL STANDARD A party to an arbitration agreement may seek a court order to compel the parties to arbitrate a dispute covered by the agreement....

Excerpt: ... first amended complaint. Defendants Moghadam and 621 Rodeo Drive LLC filed a demurrer to the first amended complaint on January 9, 2020. On March 6, 2020, without leave of the Court, Plaintiffs Mojgan Esagoff and Abbey Esagoff filed a second amended complaint for negligence against Defendant 621 Rodeo Drive LLC, Fred Bahari Moghadam, and other defendants. On the same day, Plaintiffs filed an opposition to the demurrer to the first amended compla...

Excerpt: ...iolation of the Unfair Competition Law. On March 23, 2020, Plaintiff served Defendant RHC Automotive, Inc. with Plaintiff's Form Interrogatories (set one), Requests for Production of Documents, and Requests for Admissions. Defendant did not provide responses. On June 10, 2020, Plaintiff filed motions to compel initial responses to form responses as well as requests for production set one. Plaintiff also filed a motion to Deem RFAs admitted. On Se...

Excerpt: ...) The Court noted in its terminating sanctions order, “Defendants seem to have abandoned the litigation, and in doing so have ignored a series of valid court orders. In January 2019, Plaintiffs served discovery requests on Defendants, which were subsequently ignored. As a result, Plaintiffs filed discovery motions and after a hearing, the Court ordered Defendants to produce initial discovery responses and pay sanctions, which they have not done...

Excerpt: ...rt Village Operating Company LLC (“Operating Co.” or the “Company”), and Does l-10. In the FAC, the Trust brought claims for breach of fiduciary duty, breach of contract, breach of the covenant of good faith and fair dealing, and declaratory relief against Terramar, and a derivative claim on behalf of the nominal defendant against Terramar. The Trust alleges that it is a minority member of the Company. (See FAC ¶ 1.) Plaintiff alleges th...

Excerpt: ...e Clean Air, Southern California Clean Air, Inc., Expert Decking & Waterproofing, Inc., California Microbial Inspections, Inc., and Does 1 – 20 for: (1) breach of contract; (2) fraud; (3) negligence, (4) violation of California Civil Code section 1102, et seq; (5) violation of California Civil Code section 2078, et seq; and (6) negligence. On April 17, 2020, Plaintiffs filed an amendment to the complaint substituting Doe 1 with Pickford Real Es...

Excerpt: ...d Roes 1 through 50 (“Cross- Defendants”). The first amended cross-complaint (FACC) alleges ten causes of action against Garrett D. Leevers and LitiCourt Corp for: (1) breach of oral contract; (2) conversion; (3) negligence; (4) intentional interference with prospective economic relationship; (5) negligent interference with contractual relationship; (6) breach of fiduciary duty; (7) extortion; (8) misappropriation of trade secrets; (9) trade ...

Excerpt: ...ppraisal, and complete third phase of appraisal process, or in the alternative; (3) compel third phase of appraisal by appointing appraiser. On August 7, 2020, Respondents filed a consolidated opposition styled as a demurrer/opposition. The Court treats Petitioner's motion as a motion to compel arbitration. LEGAL STANDARD “In the absence of any existing contract action, a . . . petition [to compel arbitration] may be filed independently, in whi...

Excerpt: ...es to the Request for Production of Documents by mail. (See Exhibit B to Zakariaie Decl.; see also Reynolds Opp. Decl. ¶ 7.) On October 7, 2019, Plaintiff 632 N Palm Drive, LLC filed a motion to compel Defendant Gold Pacific Construction, Inc. to provide further responses to request for production of documents. LEGAL STANDARD Requests for production of documents Code of Civil Procedure section 2031.310 governs motions to compel further responses...

Excerpt: ...enrichment, and breach of fiduciary duty. Plaintiff alleges that Liu Tong Kuang (“Mr. Liu”) was, at all times relevant hereto, a director of JCTLA. (Id. ¶ 17.) Plaintiff was hired by Defendants “to renovate a home on the Property [at 433 South Beverly Glen Boulevard, Los Angeles, California 90024] and to get it rented and then manage all facets of the Property.” (Id. ¶¶ 16, 18.) Plaintiff further alleges that “Mr. Liu, in his capacit...

Excerpt: ...tion to Semler's in-house counsel, Evan Bardo. Pelissier argues that Semler's in-house counsel must be vicariously disqualified from acting as counsel in this matter pursuant to Rule 1.9(c). On July 11, 2019, the Court denied Defendant Colette Pelissier's ex parte motion specially set a hearing for the motion to disqualify counsel. LEGAL STANDARD “ ‘A trial court's authority to disqualify an attorney derives from the power inherent in every c...

Excerpt: ...n Ysidro Dr., Beverly Hills, CA 90210. On February 14, 2020, Proposed Plaintiff-in-Intervention State Farm Fire & Casualty Company filed a motion for leave to intervene. This motion is unopposed. On September 8, 2020, this action was transferred from the Personal Injury Court to Department M in Santa Monica. LEGAL STANDARD For mandatory intervention, Code of Civil Procedure section 387(d) provides that a court shall, upon timely application, perm...

Excerpt: ...d (3) private nuisance. Plaintiff is a condominium owners association and a nonprofit benefit corporation under the Davis-Stirling Common Interest Development Act. (See Compl. ¶ 2.) On July 10, 2018, Plaintiff amended the complaint to substitute Doe 1 for Global Network Investments, LLC (see 7/10/2018 amendment) and dismissed Cynergy Group Intl LLC without prejudice. (See 08/16/2018 request for and entry of dismissal.) Plaintiff alleges that the...

Excerpt: ...il 5, 2019. The April 5, 2019 complaint was filed by Jeremiah Langer, two minors, Max Langer and Henry Langer. (See Compl.). The Complaint alleges causes of action against Omar Minwalla, The Institute for Sexual Health, and Does 1 -100 for (1) malpractice, (2) “willful and reckless disregard,” (3) negligent infliction of emotional distress; (4) intentional infliction of emotional distress, (5) breach of fiduciary duty; and (6) fraudulent conc...

Excerpt: ...iff's home. Plaintiff alleges that Defendant was intoxicated. Plaintiff and another neighbor allegedly helped Defendant out of the crashed vehicle. Plaintiff also alleges that Defendant was unconscious for about an hour after the accident due to Defendant's intoxication. Plaintiff seeks punitive damages based on defendant's alleged malicious conduct. On June 26, 2020, Brian Lysaght filed a motion to strike. Defendant seeks to strike five items fr...

Excerpt: ...a were requests 1-8. (Id.) The parties agreed to extend the discovery deadlines to facilitate a mandatory settlement conference in December 2019. Defendants served their objections and verified responses on March 2, 2020. (Vu Dec., ¶10, Exs. 11- 16). The parties agreed to extend the deadline to file the motions to compel further from April 16, 2020 to May 25, 2020. (See Vu Decl. ¶ 11.) On May 25, 2020, Plaintiff filed the motions to compel furt...

Excerpt: ...luding but not limited to filing fees. (Code Civ. Proc., §1033.5(a)(1). 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 incurred unnecessarily, are subject to section 1033(c)(2). (Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th 238, 245.) Section 1033.5(c)(4) provides that “[i]tems not ...

Excerpt: ...te Order.) On December 4, 2019, the Court entered default judgment against Defendants. On January 31, 2020, Defendants John Santilli, Aloris Entertainment, LLC, Aloris Magic Mike GP, LLC, and Aloris Magic Mike, LP filed a motion to vacate the default and/or default judgment entered on December 4, 2019 under Code of Civil Procedure section 473. LEGAL STANDARD Under Code of Civil Procedure, section 473(b), an application for relief must be made no ...

Excerpt: ...e are used to reach defects or objections to pleadings that are not challengeable by demurrer (i.e., words, phrases, prayer for damages, etc.). (See Code Civ. Proc., §§ 435, 436 & 437.) “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437.) “The court may, upon a motion made pursuant to Section 435, or at...

Excerpt: ...ords subpoena served by Plaintiffs. On July 8, 2020, Plaintiffs filed an opposition. On October 14, 2020, Defendant filed a reply. LEGAL STANDARD A subpoena duces tecum for the production of personal records shall be served in sufficient time to allow the witness a reasonable time, as provided in Section 2020.410, to locate and produce the records or copies thereof. (Code Civ. Proc., § 1985.3(d).) “Any consumer whose personal records are sough...

Excerpt: ... covenant of good faith and fair dealing; (3) equitable estoppel; (4) Unlawful and unfair business practices under the UCL; (5) wrongful foreclosure; (6) injunctive relief; (7) declaratory relief; (8) fraud; and (9) negligent misrepresentation. The SAC references Plaintiff and Plaintiffs. For consistency, the Court uses “Plaintiff.” LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer in person or by tele...

Excerpt: ...in good faith prior to filing the motion, and that sanctions were appropriate against counsel pursuant to California Code of Civil Procedure sections 2023.020 and 2025.420(h). The Court set a hearing on the amount of sanctions for October 16, 2020, and the parties stipulated to a briefing schedule on the issue. On October 9, 2020, Plaintiff filed a declaration in opposition to defendant's declaration regarding the amount of sanctions to be awarde...

Excerpt: ...d on June 20, 2019 by mail. On July 9, 2019, Plaintiffs filed their motion to tax costs. LEGAL STANDARD A prevailing party in litigation may recover costs, including but not limited to filing fees. (Code Civ. Proc., §1033.5(a)(1). 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 incurred unnecessarily, are s...

Excerpt: ... hiring, (5) negligent failure to warn or train; and (6) breach of fiduciary duty. LEGAL STANDARD 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.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, dedu...

Excerpt: ...fenses are: (1) the 30th affirmative defense for the express release and waiver of liability and (2) and the 31st affirmative defense for assumption of the risk. Defendants also seek leave to amend their answer to include defendants SBAR2, Inc., and Elements Behavioral Health, a California Corporation. Defendants filed their answer to the second amended complaint on January 18, 2018. Defendants filed a notice of stay due to bankruptcy on May 29, ...