Excerpt: ...ashuta (2) Defendant LA Stainless Kings, Inc. TENTATIVE RULING Defendant LA Stainless Kings, Inc.'s Petition to Vacate Contractual Arbitration Award is DENIED. Plaintiff Leonid Dashuta's Petition to Confirm Arbitration Award is GRANTED. Plaintiff's RJN is GRANTED. I. Petition to Vacate—DENY Defendant LA Stainless Kings petitions to vacate the arbitration award issued by arbitrator Hon. Joanne B. O'Donnell (Ret.) on 6-30-21 pursuant to (1) CCP �...

Excerpt: ...n Riggs (2) Plaintiffs Ken Babalyan and Shahar Golan TENTATIVE RULING Defendants' Motion for Summary Adjudication is GRANTED as to Plaintiffs' punitive damages claims against Defendants in connection with the negligence cause of action and against Defendants Andrew and Cathy in connection with the negligent entrustment and negligent supervision causes of action. Defendants' Motion for Summary Adjudication is DENIED as to the negligence, negligent...

Excerpt: ...and Cross-complainants Mike Moran, Andre Ulloa, Mark Thomas, M.A.E.C. LLC and Healthcare Deal Team TENTATIVE RULING Plaintiffs/Cross-defendants' Demurrer to Cross-complaint is SUSTAINED WITH 10 DAYS LEAVE TO AMEND as to the 9 th and 10 th causes of action for intentional and negligent interference with prospective economic advantage and OVERRULED as to the 1 st through 8 th causes of action and the Motion to Strike is DENIED. I. 1 st through 7 th...

Excerpt: ...k Smith and Nan Rochelle Smith, as trustees for the Smith Family Trust TENTATIVE RULING AS MODIFIED Plaintiff/Cross-Defendant and Defendant Taconic Builders, Inc., Cross-Defendant James Hanley and Defendant American Contractors' Indemnity's Motion to Confirm Arbitration Award is DENIED as to Hanley and American Contractors' Indemnity. Neither Hanley nor American Contractors are parties to the final arbitration award. The motion to confirm is GRAN...

Excerpt: ...never a lawyer seeks to hold another lawyer accountable for misuse of inadvertently received confidential materials, the burden must rest on the complaining lawyer to persuasively demonstrate inadvertence. Otherwise, a lawyer might attempt to gain an advantage over his or her opponent by intentionally sending confidential material and then bringing a motion to disqualify the receiving lawyer.” State Compensation Ins. Fund v. WPS, Inc. (1999) 70...

Excerpt: ... Mattel, Inc. TENTATIVE RULING Plaintiff Herrick Productions, LLC's Motion to Compel Further Response to Herrick's RFPs (Set One) is GRANTED in part and DENIED in part. Defendant Mattel is ordered to produce responsive documents to RFP Nos. 35 and 40 within 20 days. Production will be limited to those toys identified in ¶¶3-14 of the Second Declaration of J. Williams filed on 1-20-22. Defendant Mattel's responses to RFP Nos. 41-50 and 52 are su...

Excerpt: ... motion is unopposed, “the moving party still has the burden of eliminating all triable issues of fact” before the court may grant summary judgment. (Wright v. Stang Manufacturing Co. (1997) 54 Cal.App.4th 1218, 1228 (Wright); see Harman v. Mono General Hospital (1982) 131 Cal.App.3d 607, 613 [unopposed motion should not have been granted; judgment reversed]; § 437c, subd. (p)(2) [moving party defendant's burden].) Defendant Melson's MSJ is ...

Excerpt: ...laintiffs nZania, LLC, Richard Koral and Ivan Spiers RESP. PARTY: Defendants B.B. Dakota, Inc. and Steven Madden, Ltd. TENTATIVE RULING Plaintiffs nZania, LLC, Richard Koral and Ivan Spiers' Motion to Quash is GRANTED in part and DENIED in part. The deposition subpoenas are limited to the period from June 2019 through December 2019. The motion to quash is denied in all other respects. The parties' request for sanctions is denied. Plaintiffs move ...

Excerpt: ...intiffs Estate of James R. Jenkins, by and through its Successor-in- Interest Troy Jenkins, and Troy Jenkins, individually TENTATIVE RULING Defendant Beverly Hills Terrace, LLC's Demurrer to Complaint is OVERRULED and the Motion to Strike is GRANTED as to ¶44 and DENIED as to the remaining. Defendant Beverly Hills Terrace, LLC to answer in 20 days. Defendant Beverly Hills Senior Care Facility, Inc. was dismissed on 11-16-21. The demurrer is ther...

Excerpt: ...g Fitness, Inc. (2) Plaintiff Brooke Mitchell RESP. PARTY: (1) Plaintiff Brooke Mitchell (2) Defendant Meredith Soelberg, individually and derivatively on behalf of Mitchell & Soelberg Physical Therapy, Inc.; and Mitchell & Soelberg Fitness, Inc. TENTATIVE RULING Defendant Meredith Soelberg, individually and derivatively on behalf of Mitchell & Soelberg Physical Therapy, Inc. and Mitchell & Soelberg's SLAPP Motion is DENIED. Soelberg's evidentiar...

Excerpt: ...MD (3) Defendant Philip Weintraub (4) Defendant Michael Kamiel RESP. PARTY: (1)‐(4) Plaintiff Damon Hill TENTATIVE RULING Defendant Ali Hadadz MD's Demurrer to the Second Amended Complaint (SAC) is SUSTAINED WITH 10 DAYS LEAVE TO AMEND. Defendant Hadadz's Motion to Strike is GRANTED. Defendant Weintraub's Motion to Strike is GRANTED. Defendant Kamiel's Motion to Strike is GRANTED. I. Defendant's Demurrer is SUSTAINED WITH 10 DAYS LEAVE TO AMEND...

Excerpt: ...o Quash Service of Third-party Subpoena, or in the Alternative, Objection to Subpoena Issued to Charter Communications is DENIED. Plaintiff served Charter Communications, Inc. with a deposition subpoena on 3-15-21. The deposition subpoena sought information pertaining to the identity of the person whose Spectrum account was utilized to access the Gmail account, [email protected]. The subject gmail address was used to open the fraudulent ...

Excerpt: ...h's objections to the Greenman declaration—SUSTAIN as to Obj Nos. 2, 16-18, 20 [sic] and OVERRULED as to the remaining. I. 1 st cause of action for medical negligence—GRANT The standard of skill, knowledge and care prevailing in a medical community is ordinarily a matter within the knowledge of experts. See Jambazian v. Borden (1994) 25 Cal.App.4th 836, 844. “The standard of care for physicians is the reasonable degree of skill, knowledge a...

Excerpt: ...ff Gracious Ridge LLC TENTATIVE RULING Defendants' Motion to Expunge Lis Pendens is GRANTED. “At any time after notice of pendency of action has been recorded, any party, or any nonparty with an interest in the real property affected thereby, may apply to the court in which the action is pending to expunge the notice.” CCP §405.30. On a motion to expunge a notice of lis pendens, the claimant who filed the lis pendens has the burden of proof ...

Excerpt: ...lth Management RESP. PARTY: Plaintiff IV Solutions, Inc. TENTATIVE RULING Defendants Cigna Healthcare of California, Inc, et al.'s Motion for Summary Adjudication is DENIED. Defendants' Evidentiary Objections are OVERRULED as to Obj. Nos. 1, 3-5. The Court declines to rule on Objs. 2 and 6 based on CCP §437c(q). Defendants' RJN is GRANTED. Preliminarily, defendants move for adjudication “as to the alleged separate and distinct wrongful acts al...

Excerpt: ...ation's Demurrer to SAC is OVERRULED. Defendants Talei only demur to the 6 th cause of action for violation of the Confidentiality of Medical Information Act (CIMA) and the 7 th cause of action for Intentional Infliction of Emotional Distress (IIED). Defendants Talei to answer in 20 days. I. 6 th cause of action for violation of the Confidentiality of Medical Information Act—OVERRULED “A provider of health care, health care service plan, or c...

Excerpt: ...iction of Emotional Distress (NIED) and OVERRULED as to the remaining causes of action. Defendant Avila to answer in 20 days. I. Statute of Limitations (SOL)—OVERRULE Defendant Avila argues the complaint is barred by the 2-year limitations period applicable to oral agreements and unjust enrichment claims per CCP §339, the 3-year limitations period applicable to fraud claims per CCP §338(d), the 2-year limitations period applicable to the emot...

Excerpt: ...aintiffs Emmanuel Sandoval and Princeton Legree TENTATIVE RULING Defendants City of Beverly Hills, Andrew Myers, Michael Downs, Stephanie Nguyen-Lieu and Dale Drummond's Motion for Summary Judgment is GRANTED in its entirety as to Defendant Drummond. Plaintiffs do not oppose the Motion for Summary Judgment (MSJ) as to Defendant Drummond and intend to dismiss Drummond. Defendants' Motion for Summary Judgment is GRANTED in its entirety as to Plaint...

Excerpt: ...berg, Maureen Eisenberg and LM Eisenberg's Demurrer to FAC is OVERRULED. Defendants to answer in 10 days. No sham pleading “Under the sham pleading doctrine, allegations in an original pleading that rendered it vulnerable to demurrer or other attack cannot simply be omitted without explanation. (Citations omitted.) The purpose of the doctrine is to enable the courts to prevent an abuse of process. (Citations omitted) The doctrine is not intende...

Excerpt: ... PARTY: Third-party KFB Rice, LLP TENTATIVE RULING Judgment Creditors Kathy Crooymans and David King's Motion to Compel Production of Documents by Third-Party KFB Rice, LLC f/k/a KFB Law Group Pursuant to Business Records Subpoena and for Monetary Sanctions is DENIED. Third-party KFB Rice, LLP's request for sanctions is DENIED. Judgment Creditors issued a deposition subpoena to KFB Rice, LLP fka KFB Law Group, LLP on 5- 14-21. The deposition subp...

Excerpt: ...strict published its opinion in Patterson v. Superior Court (2021) 70 Cal.App.5 th 473 which held that an attorney's fee clause in an employee's arbitration agreement is enforceable to the extent is is not otherwise prohibited or limited by FEHA. Given its recent publication neither party addressed Patterson in their memoranda. As explained below, the Court finds the reasoning of Patterson is persuasive. If either party desires the hearing to be ...

Excerpt: ...ING Defendants/Cross-Complainants Marc Smith and Nan Smith, as Trustees of the Smith Family Trust dated 5/17/17's Motion to Vacate Arbitration Award is DENIED. Defendants' RJN is GRANTED. Plaintiff's RJN is GRANTED. I. Defendants forfeited their right to raise illegality as grounds to vacate the arbitrator's award based on CCP §1286.4(a)(4) Defendants move to vacate the arbitrator's award issued on 7-25-21 by Stephen L. Backus in Taconic Builder...

Excerpt: ...MSJ) is DENIED. Triable issues of fact remain regarding Plaintiff's breach of fiduciary duty cause of action, including damages. For the same reason, Defendant's Motion for Summary Adjudication of the 1 st cause of action for breach of fiduciary duty is DENIED. Defendant fails to satisfy her burden as moving party. Defendant fails to establish that the 1 st cause of action is barred by the doctrine of collateral estoppel or that Plaintiff did not...

Excerpt: ... GRANTED as to the 1st cause of action for intentional interference with contract, 3 rd cause of action for intentional interference with prospective economic advantage, 4 th cause of action for negligent interference with prospective advantage and 5 th cause of action for unfair competition per B&PC §17200 to the extent they are based on Statements 1-5 and 9 (the “Film Statements”). Defendants John Betancorut and Wildside Press, LLC's SLAPP...

Excerpt: ... ruling upon a motion to tax costs, the trial court's first determination is whether the statute expressly allows the particular item and whether it appears proper on its face. If so, the burden is on the objecting party to show the costs to be unnecessary or unreasonable. Where costs are not expressly allowed by the statute, the burden is on the party claiming the costs to show that the charges were reasonable and necessary.” Rozanova v. Uribe...