Excerpt: ...act, (6) breach of fiduciary duty, and (7) equitable reimbursement. On May 8, 2020, Pamela McCarthy and Michael LaBerge filed a cross-complaint for (1) conversion, (2) breach of fiduciary duty, (3–4) constructive trust, (5) accounting, (6–8) partition and accounting, (9) declaratory relief – waiver of partition, (10) declaratory relief – for-sale sign. On January 28, 2022, Cross-Complainants dismissed Jason LaBerge as a party only as to t...

Excerpt: ...biryov has not appeared in this matter at all since the opposition to Wells Fargo's demurrer to the cross-complaint (via a limited scope attorney) in April 2021. Wells Fargo requests the following sanctions: Terminating Sanctions An order granting termination sanctions against as to his cross-complaint filed on May 29, 2020; and Monetary Sanctions An order that Sibiryov pay a monetary sanction in the sum of $1,757 for the reasonable costs and att...

Excerpt: ...ts uncertain, because ambiguities can be clarified under modern discovery procedures. [Citations.]” (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Motions to strike 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.) “A party may amend its pleading once without leave of the court at any ...

Excerpt: ...e 5AC contains six causes of action for (1) violation of privacy under the California Constitution and the California Civil Code section 1708, (2) defamation, (3) negligence, (4) intentional infliction of emotional distress, and (5) violation of Labor Code section 1102.5, et seq. On May 21, 2021, Defendants BHUSD and Michael Bregy (“Defendants”) filed a special motion to strike. Defendants seek to strike the 5AC in whole or, alternatively, in...

Excerpt: ...y, the “Defendants”). The complaint alleges claims for: (1) violation of Section 9210 of the California Commercial Code (Give Back); (2) Violation of Section 9610 of the California Commercial Code (Give Back); (3) California Business and Professions Code section 17200, et seq. (Give Back); (4) Declaratory Relief (Give Back); (5) Fraud – Intentional Misrepresentation (Von Furstenburg); (6) Negligent Misrepresentation (Von Furstenburg); (7) I...

Excerpt: ...us breach of the covenant of good faith and fair dealing in violation of UC fair dealing clause, (3) breach of contract, and (4) wrongful termination. Defendant Regents of the University of California filed a demurrer with motion to strike the 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 a...

Excerpt: ...pear 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 any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. [or] (b) Strike out all or any part of any pleading not drawn or filed in conformity with ...

Excerpt: ...ms”) filed a first amended complaint (FAC) against Defendant Leslie Gail, Le Sangreal, and Does 1 – 10 for (1) breach of written contract (2) declaratory relief to clear record title, (3) nuisance, (4) intentional interference with contract, (5) intentional interference with prospective economic advantage, and (6) intentional misrepresentation of fact. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer ...

Excerpt: ...to defraud, and two additional claims for common counts. Plaintiff alleges that around June 2017, Gallizio needed money to operate Orisha, LLC and came to Ghandour and sought a loan. Ghandour and Gallizio orally agreed to a loan “on behalf of their respective companies, and as such, TIC loaned Orisha, Gallizio's company, $150,000 payable in one year at the rate of 12% per annum.” (Compl. ¶ 12.) The following year, “[i]n or about June 2018,...

Excerpt: ...hat Plaintiff could include the contracts with the attorney's fees clause. The Court ordered Plaintiff to file any supplemental evidence via declaration by January 28, 2022, and any objections to that evidence by February 2, 2022. LEGAL STANDARD “[A]ttorney fees are available under Civil Code section 1717 only if the party prevails in an action on the contract.” (Hyduke's Valley Motors v. Lobel Financial Corp. (2010) 189 Cal.App.4th 430, 435....

Excerpt: ... Bus. & Prof. Code §§ 17200 for allegedly failing to renew her employment contract and allegedly discriminating against her based on her conservative beliefs and outside political activity. Defendant Le Lycee Francais De Los Angeles filed a demurrer to the 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 determ...

Excerpt: ...od. (See FAC ¶ 13.) Plaintiffs assert claims for battery, the Drug Dealer Liability Act, and negligence. Plaintiffs also assert that certain defendants are liable based on agency liability and civil conspiracy. On April 19, 2021, Plaintiffs filed a first amended complaint (“FAC”). On May 19, 2021, Elias Wehbe (“Wehbe” or “Defendant”) filed a demurrer to the FAC. On July 29, 2021, Defendant Shawne Merriman filed a joinder to the demur...

Excerpt: ...libu property); (6) partition and accounting (610 Azusa); (7) partition and accounting (332 Azusa); 8. partition and accounting (334 Azusa); (9) declaratory relief – waiver of partition; and (10) declaratory relief – for-sale sign against Cross-Defendants Chandra Fortier (“Chandra” or “Fortier”), Jason LaBerge (“Jason”) and others. BASIS FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION On November 5, 2021, Cross-Defendant Chandra Fortier...

Excerpt: ...osmans dismissed without prejudice their trespass cause of action. The Grosmans are the owners and part-time residents of real property known as 30040 Morning View Drive, Malibu, California 90265 (“Grosman Property”). (Compl. ¶ 1.) Kasloff is the owner of the property adjacent to Plaintiff's property, 30020 Morning View Drive, Malibu, California 90265 (“Kasloff Property”). The Grosman Property “has been and is accessible by road only o...

Excerpt: ...ed a special motion to strike. This case involves a dispute over the operation of a medical marijuana dispensary at 12320 W. Pico Boulevard, Los Angeles, California, 90064. REQUEST FOR JUDICIAL NOTICE Plaintiffs requests judicial notice of Exhibits 1 – 2 pursuant to Evidence Code 451(f) and 452(c), (d) and (h). These documents are judicially noticeable pursuant to 452(d) as court records, specifically the complaint and the first amended complai...

Excerpt: ...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.” (Cal. Rules of Court, Rule 3.1700(a).) “The time provisions relating to the filing of a memorandum of costs, while not jurisdictional, are mandatory.” (Sanabria v. Embrey (2001) 92 Cal.App.4th 422, 426 [quot...

Excerpt: ... Resorts, Inc., Jojo Ryder, and Does 1-100. Defendants filed a demurrer with a motion to strike. Plaintiff did not file an opposition and instead, Plaintiff's counsel filed a declaration attesting that the parties had been discussing a proposed stipulation regarding continuing the hearing or granting Plaintiff additional time to file an amended complaint. (See Hofman Decl. ¶ 2.) Plaintiff contends that he did not file an amended complaint or an ...

Excerpt: ...ivil Code section 1717 only if the party prevails in an action on the contract.” (Hyduke's Valley Motors v. Lobel Financial Corp. (2010) 189 Cal.App.4th 430, 435.) “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 ...

Excerpt: ...��Plaintiffs”) filed a five-count complaint against Defendant National Mortgage Resources, Best Alliance Foreclosure and Lien Services Corp., and Does 1 through 50. On August 25, 2021, Plaintiffs filed a first amended complaint containing the same claims for (1) violation of Civ. Code § 2923.5, (2) violation of Fin. Code §4978(a) for violating Fin. Code §§ 22009 and 22100(a), (3) violation of Fin. Code §4978(a) and Cal. Const. art. xv, §1...

Excerpt: ...osing, and reply briefs and any accompanying documents shall be filed and served within the periods specified by Section 659a, and the hearing on the motion shall be set in the same manner as the hearing on a motion for new trial under Section 660.” (Code Civ. Proc., § 629(b).) “A judgment notwithstanding the verdict can be sustained only when it can be said as a matter of law that no other reasonable conclusion is legally deducible from the...

Excerpt: ...ent to arbitrate 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., § 128...

Excerpt: ..., M.D., and Does 1-100 for (1) dangerous condition of public property, (2) negligence, and (3) medical malpractice. The third cause of action for medical malpractice is asserted against Defendants Michael Lippman, M.D., Inc. and Michael Lieppman, M.D, and Does 76-100. On March 12, 2021, Defendants Michael Lippman, M.D., Inc. and Michael Lieppman (the “Lieppman Defendants” or “Defendants”) filed a demurrer to Plaintiff Evan Pierce's first ...

Excerpt: ...or “Leago”) and Does 1 – 25 for (1) breach of fiduciary duty, (2) constructive fraud and (3) legal malpractice. On April 12, 2021, Troncale filed a first amended complaint. On June 18, 2021, the Leago Defendants filed a demurrer with motion to strike the first amended complaint. On August 18, 2021, the Court overruled the demurrer to the constructive fraud and sustained the demurrer to the legal malpractice claim with leave to amend as to d...

Excerpt: ...ofits, account stated), fraud, and false pretense as well as federal claims. In the statement of facts, Plaintiff alleges, “Mr. Miller, a Sacramento, California resident . . . made several small cash investments and gave continuing creative support and thus became majority partner, chief executive officer, head producer, song composer and arranger, musical and talent director and a performing musician for a Seattle based internet only recording...

Excerpt: ...is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” (Code Civ. Proc., § 425.16(c)(1).) Awards to Plaintiffs for prevailing and showing that the special motion to strike was frivolous or solely intended to cause unnecessary delay are reviewed for abuse of discretion. (Moore v. Shaw (2004) 116 Cal.App.4th 182...

Excerpt: ..., 2021, Plaintiffs filed a Doe amendment naming INEOS Americas LLC as Doe 33 and INEOS USA LLC as Doe 34 to the FAC (“INEOS Defendants”). In the FAC, Plaintiffs alleged, with respect to Does 30 -200, “Presently unknown manufacturers, suppliers, distributors, retailers, trademark owners, and other entities in the chain of distribution of chemical products to which Plaintiff was exposed, and which Plaintiff alleges were substantial factors in...

Excerpt: ...sition, the court, upon motion reasonably made by any person described in subdivision (b) . . . may make an order quashing the subpoena entirely . . .. In addition, the court may make any other order as may be appropriate to protect the person from unreasonable or oppressive demands, including unreasonable violations of the right of privacy of the person.” (Code Civ. Proc., § 1987.1(a).) California Rules of Court require separate statements fo...

Excerpt: ...ss; and (4) negligence. DeLuca alleges that American Express' conduct and police report lead to DeLuca being arrested for grand theft. DeLuca alleges that he purchased a $55,000 Rolex with his American Express Black Card from Geary's Department Store in Beverly Hills, but noticed that the receipt for the watch was for Vida Yahgmai (“Yahgmai”) and not DeLuca. (Compl. ¶ 8.) DeLuca informed American Express of this discrepancy and they suggeste...

Excerpt: ...� (Compl. ¶ 1.) Plaintiff also alleged that “Hargis Home is a residential facility for disabled or dependent persons and is located at 8924 Hargis Street, Los Angeles, California 90034.” (Ibid.) Plaintiff further alleged, “Between December 2017 and July 27, 2018, JOHN DOE exhibited repeated and sometimes unpredictable outbursts of physical violence and aggression towards himself, resident, clients, patients, staff and other individuals.”...

Excerpt: ...ng papers. On December 28, 2021, Plaintiff filed a motion for leave to file a first amended complaint noting that it was identical to the December 9, 2021, ex parte application for leave to file her first amended complaint (FAC). On December 29, 2021, Plaintiff filed a reply to opposition filed by Defendant. LEGAL STANDARD Code of Civil Procedure section 473(a)(1) provides: “The court may, in furtherance of justice, and on any terms as may be p...

Excerpt: ...ss; and (4) negligence. DeLuca alleges that American Express' conduct and police report lead to DeLuca being arrested for grand theft. DeLuca alleges that he purchased a $55,000 Rolex with his American Express Black Card from Geary's Department Store in Beverly Hills, but noticed that the receipt for the watch was for Vida Yahgmai (“Yahgmai”) and not DeLuca. (Compl. ¶ 8.) DeLuca informed American Express of this discrepancy and they suggeste...

Excerpt: ...� (Compl. ¶ 1.) Plaintiff also alleged that “Hargis Home is a residential facility for disabled or dependent persons and is located at 8924 Hargis Street, Los Angeles, California 90034.” (Ibid.) Plaintiff further alleged, “Between December 2017 and July 27, 2018, JOHN DOE exhibited repeated and sometimes unpredictable outbursts of physical violence and aggression towards himself, resident, clients, patients, staff and other individuals.”...

Excerpt: ...(2) The motion shall be accompanied by a meet and confer declaration under Section 2016.040[; and] (3) In lieu of a separate statement required under the California Rules of Court, the court may allow the moving party to submit a concise outline of the discovery request and each response in dispute.” (Code Civ. Proc., § 2031.310(b).) However, “[e]xcept as otherwise provided in this chapter, any party shall be entitled as a matter of right to...

Excerpt: ...Standard California Rules of Court, Rule 3.1324 deals with motions to amend pleadings. (See Cal. Rules of Court, Rule 3.1324.) The rule requires that such motions must be supported by a declaration. (Cal. Rules of Court, Rule 3.1324(b).) A party must file a cross-complaint against any of the parties who filed the complaint or cross- complaint against him or her before or at the same time as the answer to the complaint or cross- complaint. (Code C...

Excerpt: ...claratory relief, and (5) conversion. Stein alleges, “[w]ithin the course of their partnership, Stein presented Winnick with a business opportunity to pursue and purchase the rights to use the 2.5 Ghz wireless spectrum. Stein would go on to spend countless hours with Winnick developing the EBS business opportunity. When Winnick learned he could make in excess of $10 million profit on the very first transaction he decided it was time to breach h...

Excerpt: ...) declaratory relief, (4) negligence, and (5) fraud against several cross- defendants, including Esplanade Builders, Inc. (“Esplanade”). Trademark alleges that to the extent the allegations in American's cross-complaint can be proven at trial or otherwise, Trademark alleges on “informed and believes, and based thereon alleges that the negligent and careless acts and/or omissions of cross-defendants, and each of them, proximately caused and/...

Excerpt: ...t Creditor James Dutton (“Creditor”) filed a motion to compel further responses related to Defendant/Judgment Debtor Robert Ouriel's (“Debtor”) responses to requests for production of documents. Creditor seeks further responses to requests for production of documents. LEGAL STANDARD Requests for production of documents “The judgment creditor may demand that any judgment debtor produce and permit the party making the demand, or someone a...

Excerpt: ...291. (SAC ¶ 2). The restaurant was destroyed in a fire. (See SAC ¶ 58.) Plaintiffs allege that various Defendants, including 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 SAC. The Abbot Kinney Grill, LLC' filed a stand-alone motion to strike portions of the SAC. LEGAL STANDARD “Before filing a demurrer ...

Excerpt: ...xs. 3 & 4.) The Subpoena contained four document requests. (See Ex. 1 at attachment 3, pp. 2-3, see also Sep. Statement at pp. 3:4-11, 5:2- 21,7:25-27, 10:4-5.) Oubre seeks an order compelling compliance with the subpoena, arguing that both Marcus' objections and LeDuff's objections are without merit. Oubre also seeks monetary sanctions. LEGAL STANDARD Parties can obtain discovery from nonparties through a “deposition subpoena.” (See Code Civ...

Excerpt: ...(6) breach of fiduciary duty, and (7) equitable reimbursement. On May 8, 2020, Pamela McCarthy and Michael LaBerge filed a cross-complaint for (1) conversion, (2) breach of fiduciary duty, (3 - 4) constructive trust, (5) accounting, (6 - 8) partition and accounting, (9) declaratory relief – waiver of partition, and (10) declaratory relief – for-sale sign. LEGAL STANDARD Upon a properly noticed motion of a party made no later than the close of...

Excerpt: ...Listing Agreement when Defendants concealed a sale of real property located at 2223 Marine Street, Santa Monica, CA for $2,495,000 without providing Coldwell the agreed upon commission. (Compl. ¶¶ 7-8, 11.) Coldwell alleged damages of $143,250.00. (Compl. ¶ 12.) On October 14, 2021, the Court granted Plaintiff's Motion for entry of Judgment pursuant to Stipulation. On October 20, 2021, Plaintiff reserved a “motion to determine party prevaili...

Excerpt: ...erts that Mainwaring sexually assaulted Plaintiff first over the telephone, which later escalated to sexual assault in person when Plaintiff visited UCLA. Plaintiff alleges that defendant Regents facilitated and ratified Mainwaring's sexual assaults by failing to discharge, dismiss, discipline, suspend, or terminate their affiliation with Mainwaring, despite having notice that Mainwaring was sexually assaulting minors. Plaintiff alleges that this...

Excerpt: ...e, (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. GROUNDS FOR MOTION Grace makes this motion on the grounds that there are no triable issue of material facts as to the following nine issues: Third cause of...

Excerpt: ...ssociates, Cardiff Giant, LLC and Does 1 - 100. Plaintiffs' second amended complaint (SAC) contains claims for (1) professional negligence, (2) Negligent Misrepresentation, (3) Breach of Fiduciary Duty, (4) Breach of Fiduciary Duty, (5) Aiding and Abetting Breach of Fiduciary Duty, (6) Aiding and Abetting Breach of Fiduciary Duty, (7) Conversion, (8) Aiding and Abetting Conversion, (9) Larceny (Penal Code § 496), (10) Fraud – Intentional Misre...

Excerpt: ...rrer (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 any time in its discretion, and upon terms it deems proper: (a) Strike out any irreleva...

Excerpt: ...es is located at 742,744, 746 & 748 Brooks Avenue, Venice, CA 90291 within the city limits of Los Angeles. (SAC ¶ 3b(1).) Plaintiff seeks back rent and possession of the premises. On November 22, 2021, Defendant Affinity House, Inc. filed a motion for summary judgment. 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 dete...

Excerpt: ...cia Roberts Trust dated May 2, 2005 filed a third amended complaint (TAC) against Defendants Bank of America, National Default Servicing Corporation and Does 1-50 for (1) promissory estoppel; (2) unlawful and unfair business practices under the UCL; (3) declaratory relief; and (4) fraud. The TAC references Plaintiff and Plaintiffs. For consistency, the Court uses “Plaintiff.” On December 22, 2020, Bank of America filed a demurrer to the TAC. ...

Excerpt: ...0, VIN # 4JGDF7DE3FA445202. On June 4, 2020, Defendant Mercedes-Benz USA, LLC and Keyes European, LLC (“Moving Defendants”) filed a motion to compel arbitration. On November 17, 2020, Defendant W.I. Simonson Inc. (“Simonson”) filed a joinder to the motion to compel arbitration. LEGAL STANDARD Compelling arbitration pursuant to the Federal Arbitration Act The Federal Arbitration Act provides that “[a] written provision in any . . . contr...

Excerpt: ...CA 90046. Plaintiff further alleges that the apartment was, and still is, uninhabitable. On December 15, 2020, Defendants Arc Gardner, LLC, LB Property Management, Inc., Marisol Ruiz, Greg De Rubeis (“Defendants”) filed a demurrer 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 wheth...

Excerpt: ...ef is made no more than six months after entry of judgment, is in proper form, 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 d...

Excerpt: ...e. This action arises from injuries allegedly sustained from the use of a Bird electric scooter. 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 con...

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.” (Cal. 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 incur...

Excerpt: ...ollectively, "Defendants" or "Farmers") owe a duty to defend Nancy Bushnell and Nolan Bushnell under Broad Form Renters Policy No. 91640-41-72. (Agoura Policy). On reply, Plaintiffs note that they withdraw the MSA as to Farmers and Mid-Century Insurance Company. Therefore, the issue Plaintiffs seeks summary adjudication is to whether Fire Insurance Exchange owes a duty to defend Nancy Bushnell and Nolan Bushnell under Broad Form Renters Policy No...

Excerpt: ...for a permanent injunction, or in the alternative, a preliminary injunction. The Court only considers the September motion. Arfa requests that the permanent injunction should enjoin Elise from violating LAMC Section 12.22-C,20(f) along the shared border line between 2835 McConnell Drive and 2839 McConnell Drive as follows: (1) Pursuant to LAMC Section 12.22-C,20(f)(2), Elise's hedges/fence in the front yard must adhere to a height of no more than...

Excerpt: ...y's fees as to said defendant. On May 3, 2021, the Court entered judgment in favor of Plaintiff and against defendants Amrita Multani, individually and dba Subway, and Surjit Multani, individually and dba Subway, jointly and severally. (See 05/03/2021 Judgment.; see also nunc pro tunc order 05/06/2021.) On June 21, 2021, Plaintiff Regency Centers, L.P, filed a “motion to determine that plaintiff is a prevailing party.” Plaintiff seeks attorne...

Excerpt: ...nk, Trustee of the Jeff Pink Family Trust, date October 16, 2016, Beverly Spalding Court Homeowners' Association, a nonprofit mutual benefit corporation, Frederick “Gordon” Gelfond, an individual, Earl “Richie” Jones, an individual, Pascal Landi, an individual, Inner Gardens, Inc., a California Corporation (“Doe 1”) and Does 2 through 20 (collectively “Defendants”) for (1) negligence, (2) breach of fiduciary duty, (3) premises lia...

Excerpt: ... she interfered with JCTLA's main asset – the 433 South Beverly Glen Boulevard, Los Angeles, California 90024 property. (See Compl. ¶ 34, 16.) Justin Liu alleged that he performed “construction services on the Property and eventually got it rented. Further, Plaintiff was performing his management duties when Defendants [allegedly] improperly interfered with the rental income being generated by the Property thereby breaching various duties.�...

Excerpt: ...rosmans dismissed without prejudice their trespass cause of action. The Grosmans are the owners and part-time residents of real property known as 30040 Morning View Drive, Malibu, California 90265 (“Grosman Property”). (Compl. ¶ 1.) Kasloff is the owner of the property adjacent to Plaintiff's property, 30020 Morning View Drive, Malibu, California 90265 (“Kasloff Property”). The Grosman Property “has been and is accessible by road only ...

Excerpt: ...ise made without intention to perform; (4) Assault; (5) Battery; (6) Trespass/wrongful eviction; (7) Intentional infliction of emotional distress; (8) Violation of the Unruh Civil Rights Act; (9) Violation of the Ralph Civil Rights Act; (10) Violation of the Unfair Competition Law (Business and Professions Code sections 17200- 17208 et seq.); (11) Violation of the California Constitution, Article I, et seq.; (12) Violation of Civil Code section 7...

Excerpt: ...ount, (5) unjust enrichment, (6) accounting, (7) fraudulent concealment, (8) declaratory relief, (9) breach of the implied covenant of good faith and fair dealing, and (10) quantum meruit. On March 29, 2021, Defendant Richard Kay filed a demurrer with motion to strike the 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 pur...

Excerpt: ...STANDARD “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.” (Code Civ. Proc., § 473.) California Code of Civil Procedure section 576 also grants the court power to allow a party to amend its pleading. Parties seeking to amend a comp...

Excerpt: ...terrogatories, special interrogatories, RFAs, and requests for production of documents on Defendants. (Jin Decl. ¶¶2-5, Ex. A-D.) Defendants contend that the discovery consists of 558 Requests for Production of Documents, 376 Request for Admissions, 872 Special Interrogatories, and Form Interrogatories, Set One. Defendants bring this motion under Code of Civil Procedure section 2031.060 on the grounds that a protective order is warranted to pro...

Excerpt: ...agent, and/or a dual broker-agent with duties to both the Cortazzos and Farmers.” (Compl. ¶ 23.) “As an insurance broker, Baker had a duty to exercise reasonable care in handling the Cortazzos' insurance requests. Baker had a duty to procure the insurance that they requested and to do so in a timely manner.” (Id. ¶ 24.) “Prior to the Woolsey Fire, the Cortazzos requested at least $1 million of coverage for landscaping at the Ranch.” (...

Excerpt: ... misrepresentation (labeled as intentional tort). This action arises out of the alleged services and repair of a 1975 Cadillac El Dorado Convertible, VIN 6L67S5Q266789. On September 12, 2018, Plaintiff filed a first amended complaint. Following the demurrer to the first amended complaint, Plaintiff filed a second amended complaint (“SAC”). Defendants filed a demurrer with motion to strike the SAC. LEGAL STANDARD A demurrer for sufficiency tes...

Excerpt: ...IED subject to a further hearing under Evidence Code 402 to determine whether or not Dr. Fichman was competent to testify at his deposition on June 18, 2018. Counsel for defendant Dr. Fichman moves under CCP §2025.260(c) to use the videotaped deposition of Dr. Fichman in lieu of having Dr Fichman testify at trial. Council argues Dr. Fichman is unavailable to testify because of a mental infirmity that renders Dr. Fichman incapable of competently ...

Excerpt: ...led a supplemental memorandum in support of the demurrer. 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.) “A demurrer is likewise appropriate where the complaint on its face discloses that ‘[t]he court has no jurisdiction of the subject matter of the cause of action.' (Code Civ. Proc., �...

Excerpt: ...mmon to both¿actions, and avoid inconsistent results by hearing and deciding common issues together. (See¿Estate of Baker¿(1982) 131 Cal.App.3d 471, 485.)¿ The granting or denial of a motion to consolidate rests in the trial court's sound¿discretion and¿will not be reversed except upon a clear showing of abuse of discretion.¿(Feliner¿v.¿Steinbaum¿(1955) 132 Cal.App.2d 509, 511.)¿¿¿ California Rules of Court Rule 3.350 provides requir...

Excerpt: ...lnnova") (collectively, "GME") filed a motion for an order determining that the $630,000 settlement reached between Shores and GME was made in good faith pursuant to Code of Civil Procedure Section 877. On October 22, 2021, the Court granted the ex parte application to shorten time for the hearing on this motion. The Court set the opposition due by October 29, 2021. LEGAL STANDARD “A motion or application for determination of good faith settlem...

Excerpt: ...9a1.) Plaintiff alleged that at the time the 3-day notice to quit was served, $7,136.00 in rent was owed. Plaintiff also alleged that “each of the Defendants sued herein was at all times herein mentioned acting as the agent, servant, employee, partner, and/or alter ego of each of the remaining Defendants and was at all times herein mentioned acting within the purpose and scope of said relationship.” (Compl. at attachment 17.) Plaintiff reques...

Excerpt: ... Corporation, filed a 127-page (including exhibits) verified first amended complaint containing 22 claims. The claims begin on page 59 of the first amended complaint. On June 1, 2021, Defendant Ann Lawrence Athey filed a motion for Plaintiff to furnish a $50,000.00 bond pursuant to California Corporations Code sections 800 and 17709.02. LEGAL STANDARD Corporations Code section 800(c) provides, “In any action referred to in subdivision (b), at a...

Excerpt: ...e first amended complaint (“FAC”). In the FAC, Howell assert claims for Negligence (COA 1); Concealment – Fraud (COA 2); Conspiracy – Concealment (COA 3); Nuisance (COA 4); and Trespass (COA 5). SCE, Edison Power, and Hampton Tedder filed separate demurrers with motions 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 . . ....

Excerpt: ...ents 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 that the party upon whom the requests have been served has provided a response that is in substantial compliance with section 2033.220. Discovery sanctions are mandatory “on the party or attorney, or both, whose failure to serve a timely response to r...

Excerpt: ...g is directed fails to serve a timely response to” a demand “waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” (Code Civ. Proc., § 2031.300(a).) “[A] motion to compel responses is not subject to a 45–day time limit, and the propounding party does not have to demonstrate either good cause or that it satisfied a meet and confer r...

Excerpt: ... (“Petitioner”) filed an amended petition to approve compromise of pending action on behalf of Plaintiff/Minor Claimant, Leo Henckel (“Minor Claimant Leo Henckel”). The petitions are unopposed. Also on October 15, 2021, Petitioner filed an amended petition for Minor Claimant Alexis Henckel. 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 proc...

Excerpt: ...arantee. Plaintiff is the owner of a commercial retail development located at 10814 Jefferson Boulevard in Culver City, California (the “Premises”). Defendant HYP, LLC (“HYP”) is the lessee of a unit in the Premises designated as Suite L (“Suite L”). Defendant Martin Tate is the managing member of HYP. Yassi Tate is a member of HYP. Defendant Hossein Safavi (now deceased) and Pari Safavi are personal guarantors of the lease. On May 18...

Excerpt: ...erican/BCEGZ entered a construction contract with project owner Cross-Complainant Shores, LLC (“Shores”) to build an apartment complex in Marina Del Rey, California (“Project”). On September 5, 2018, Shores filed its third amended cross-complaint (“TACC”). Shores' first cause of action is for breach of contract and second cause of action is for breach of express warranty and names AMF, JV, BCEGI, and Roes 1-100, as defendants. (See TA...

Excerpt: ...urt may determine, increased by whatever loadstar multiple is deemed appropriate, as against Defendant United Limousine and Charter, Inc. 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 (2017) 3 Cal.5th 744, 751 [citing Tract 19051 Homeowners Assn. v. Kemp (2015) 60 Cal.4th 1135, 1142].) Code of Civil Procedure section 1021, codifie...

Excerpt: ...ly Trust, dated October 16, 2016, Beverly Spalding Court Homeowners' Association, Earl “Richey” Jones (“Jones”), Pascal Landi (“Landi“), Farshad “Peter” Naysan (“Naysan”), Frederick “Gordon” Gelfond (“Gelfond”), and other defendants for (1) negligence, (2) breach of fiduciary duty, (3) nuisance, (4) breach of the conditions, covenants and restrictions, and (5) injunctive relief. On March 29, 2021, Defendants Beverly Sp...

Excerpt: ...ducts which contained toxins and chemicals which allegedly caused or contributed to the development of Plaintiff Jose Mireles's kidney cancer. LEGAL STANDARD “After the setting of the initial trial date for the action, any party may obtain discovery by demanding that all parties simultaneously exchange information concerning each other's expert trial witnesses.” (Code Civ. Proc., § 2034.210.) The demand may include “a mutual and simultaneo...

Excerpt: ...y Trust”), Jane Fishman, and Ed Fishman for the purchase of a residential home located at 27234 Pacific Coast Highway, Malibu, CA 91403 (the “Home”). (FAC ¶ 15.) At the same time, Plaintiff Club 55, LLC entered into a contract with Defendant Jesse Fishman 2013 Trust (“Jesse Trust”) for the purchase of the lot adjacent to the home located at 27242 Pacific Coast Highway, Malibu, CA 91403 (the “Lot” or the “27242 Property”). (Id. ...

Excerpt: ...lation of the California Uniform Commercial Code § 9623; (7) violation of the California Uniform Commercial Code §§ 9610-11; and (8) breach of oral agreement. 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 demurr...

Excerpt: ...rally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6(a).) “If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.” (Id.) In hearing a section 664.6 motion, the trial court may receive evidence, determine dis...

Excerpt: ...prior demurrer. On March 11, 2021, Cross-Defendant Brunsing Associates, Inc. (“BAI”) filed a demurrer with a motion strike the first amended cross-complaint (FACC). 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...

Excerpt: ...) filed an action against Defendant Brian S. Nicolaides for three common counts and one claim for quantum meruit. On November 13, 2018, pursuant to the Stipulation for Conditional Entry of Judgment and Dismissal Pursuant to C.C.P. 664.6, the Court dismissed the action and retained jurisdiction to make orders to enforce any and all terms of settlement, including judgment, pursuant to Code of Civil Procedure Section 664.6. (See 11/13/2018 Minute Or...

Excerpt: ...uests for production of documents on 4 Malibu and also on David Eytan Levin. (Jin Decl. ¶¶2-5, Ex. A-D.) The discovery consists of 558 Requests for Production of Documents, 376 Request for Admissions, 872 Special Interrogatories, and Form Interrogatories, Set One. Defendants bring this motion under Code of Civil Procedure section 2031.060 on the grounds that a protective order is warranted to protect Defendants from unwarranted annoyance, oppre...

Excerpt: ...iled suit to recover the balance by asserting claims for (1) breach of contract, (2) common count for money lent, and (3) common count for money had and received. Mobasser filed a demurrer as well as a motion to dismiss or stay for forum non conveniens. Motion to Dismiss for Forum Non Conveniens LEGAL STANDARD “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, ...

Excerpt: ...t”). 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 (“Surety”). On September 5, 2018, in its third amended cross-complaint (TACC), Shores seeks a judgment that it is entitled to recover against the Bond through the fifth cause of action (Recovery on Performance Bond). The fifth cause of acti...

Excerpt: ... Cross-Complaint of AG Properties, Inc. dba AG Construction and to the Cross-Complaint of AG Properties, Inc., and AG Construction with Motions to Strike (Combined) BACKGROUND On March 5, 2020, AG Properties, Inc. and AG Construction filed a cross-complaint for equitable/implied indemnity, apportionment of fault, declaratory relief, contribution and negligence, and breach of contract. Also on March 5, 2021, AG Properties, Inc. dba AG Construction...

Excerpt: ... Caltrans (the “State”) as a defendant. In the FAC, Howell assert claims against the State for: Negligence (COA 1); Concealment – Fraud (COA 2); Conspiracy – Concealment (COA 3); Nuisance (COA 4); and Trespass (COA 5). On January 8, 2021, the State filed the demurer and motion to strike the 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...

Excerpt: ...tter 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 any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. [or] (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the c...

Excerpt: ...6) fraud. On July 12, 2021, Behrouz Shafie and Behrouz Shafie & Associates, filed a special motion to strike the entire cross-complaint, or alternatively, to strike the Fifth Cause of Action of the Cross- complaint for Abuse of Process. LEGAL STANDARD “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Const...

Excerpt: ...a response to the interrogatories. (Code Civ. Proc., § 2030.290(b).) A party that fails to respond to interrogatories “waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” (Code Civ. Proc., § 2030.290(a).) However, the Court, “on motion, ...

Excerpt: ... § 177.5 for failure to comply with the Court's October 6, 2020 order. After reviewing the opposition to the OSC and the attached declaration of Hays, the Court concludes that Hays and Wolfe (who did not file a declaration) failed to present any evidence in support of their contention that they were unable to comply with the Court's order. The following is the substance of the Court's OSC re Contempt order that shall be personally served on Hays...

Excerpt: ...s Health Center filed a joinder. On September 7, 2021, Plaintiffs filed an opposition. September 10, 2021, Plaintiffs filed an amended opposition. LEGAL STANDARD Code of Civil Procedure section 583.310 states, “[a]n action shall be brought to trial within five years after the action is commenced against the defendant.” Section 583.360 provides that “[a]n action shall be dismissed by the court on its own motion or on motion of the defendant,...

Excerpt: ...ints (FACC) against Plaintiffs and several subcontractors, including Blue Line, for (1) equitable/implied indemnity; (2) apportionment of fault; (3) declaratory relief; (4) contribution; (5) negligence; and (6) breach of contract. LEGAL STANDARD “Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlem...

Excerpt: ...ued to 05/24/21. (See 02/11/2021 Minute Order.) On April 6, 2021, the Court notified the parties that FSC had been reset for May 12, 2021. (See 04/06/2021 Notice re: Continuance of Hearing and Order.) On April 22, 2021, the Court issued a Nunc Pro Tunc Order clarifying that the parties were to schedule and attend a Mandatory Settlement Conference with the Honorable Judge Marc Gross through Department R205 at Beverly Hills Courthouse. (See 04/22/2...

Excerpt: ... that fails to respond to interrogatories “waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010).” (Code Civ. Proc., § 2030.290(a).) The Court shall impose a monetary sanction under Chapter 7 “against any party, person, or attorney who unsucc...

Excerpt: ...ion, and declaratory relief. Borison obtained an order allowing Defendant Nicholas Gutsue to be served by publication. Borison filed a proof of publication on July 15, 2021. On August 23, 2021, Borison filed a request for entry of judgment. On September 10, 2021, Gutsue filed a motion to set aside the default. On September 13, 2021, the Court granted Borison's request for entry of default judgment. At the ex parte, the Court shortened the time fo...

Excerpt: ...ling on April 12, 2021. The Notice of ruling states, “Discovery remains closed except . . . Wetherly may depose Plaintiff (on all issues) and conduct discovery concerning Plaintiff's alleged personal injuries (i.e., subpoenas directed to and depositions of Plaintiff's health care providers, requests for production directed to Plaintiff and a medical examination of Plaintiff and reasonable follow-up discovery). For the avoidance of doubt, such d...

Excerpt: ... action is directed at Gates Security and Palisades Patrol Services. Plaintiff alleges that Defendants made false statements to the police that resulted in Plaintiff's arrest and criminal prosecution. Defendants filed a special motion to strike. After taking the matter under submission, the Court granted defendants Gates Security and Palisades Patrol Services special motion to strike. The Court further granted defendant Anthony Gonzales' joinder ...