Excerpt: ...RULING Defendants The Regents of the University of California, Richrad M. Ehrlich, MD and Mark S. Litwin, MD's Demurrer is SUSTAINED WITH 10 DAYS LEAVE TO AMEND as to the 2 nd cause of action for negligence and OVERRULED as to the 3 rd cause of action for violation of B&PC §17500 and the 4 th cause of action for violation of CC §1750. Defendants' Motion to Strike is DENIED. I. 2nd cause of action for negligence—SUSTAIN W/10 DAYS LEAVE TO AMEN...

Excerpt: ...plaint is SUSTAINED WITH 10 DAYS LEAVE TO AMEND as to the 3 rd cause of action for premises liability and OVERRULED as to the 4 th cause of action for assault, 5 th cause of action for battery and 6 th cause of action for false imprisonment. Defendant Target Corporation's Motion to Strike Punitive Damages is GRANTED. 3rd cause of action for premises liability—SUSTAIN W/10 DAYS LEAVE TO AMEND. “The elements of a negligence claim and a premises...

Excerpt: ...otion to Vacate Default Judgment and Set Aside Default and for Leave to Defend Action is DENIED. I. CCP §473(b) relief from default and default judgment—DENY Defendants Ron and Nancy Hilton's request for relief from the default entered against them on 8- 31-20 is DENIED. The motion for relief from default was filed on 7-24-21, more than 6 months after entry of default. A motion for relief from default pursuant to CCP §473(b) must be brought w...

Excerpt: ... Inc. and Cross-Defendant Alex Canter's Demurrer to the Cross-Complaint is OVERRULED and the Motion to Strike is DENIED. Ordermark, Inc. and Canter to answer in 20 days. Justifiable reliance— “Except in the rare case where the undisputed facts leave no room for a reasonable difference of opinion, the question of whether a plaintiff's reliance is reasonable is a question of fact.” Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, 1067. “Neglig...

Excerpt: ...r-in-interest and Respondent entered into Purchase Agreement on 5-26-19. See Petition, Ex. A. The Purchase Agreement provides, “The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration.” Id. at Ex. A, p. 27, ¶22(B). “Parties shall have the right to discovery in accordance with...

Excerpt: ...n deciding whether to issue a preliminary injunction, a court must weigh two ‘interrelated' factors: (1) the likelihood that the moving party will ultimately prevail on the merits and (2) the relative interim harm to the parties from issuance or nonissuance of the injunction. [¶] The trial court's determination must be guided by a ‘mix' of the potential-merit and interim-harm factors; the greater the plaintiff's showing on one, the less must...

Excerpt: ...the David and Michelle Soffer Living Trust TENTATIVE RULING Defendants Jeffrey Tamkin and Tamkin Development Corporation's Demurrer to Complaint is SUSTAINED w/10 DAYS LEAVE TO AMEND as to the 1 st cause of action for fraud, SUSTAINED W/O LEAVE TO AMEND as to the 2 nd and 3 rd causes of action based on Penal code §496, SUSTAINED W/O LEAVE TO AMEND as to the 9 th cause of action for breach of implied covenant of good faith and OVERRULED as to the...

Excerpt: ...ATIVE RULING Cross-Defendant Fox's Motion to Strike DOE Amendment and/or to Quash Service of Summons and Complaint and DOE Amendment and/or for Order to Dismiss Action is DENIED. Although Plaintiff clearly knew Fox's identity and that he was driving the car when he was rear ended, Fox fails to demonstrate that Plaintiff knew of facts that would cause a reasonable person to believe that Fox's liability was probable. In addition, Plaintiff's DOE am...

Excerpt: ... noticed as one for summary judgment of the entire First Amended Complaint and for judgment in the amount of $82,285.82. See Notice of Motion, ii:1-5. Eisner does not request summary adjudication, nor does he identify specific causes of action, affirmative defenses, issues of duty or a punitive damage claim for adjudication under CCP §437c(f)(1). In order to obtain summary adjudication, Eisner was required to indicate that adjudication was reque...

Excerpt: ...s is GRANTED WITHOUT LEAVE TO AMEND as to the 4 th cause of action for money had and received and DENIED as to the 2 nd cause of action for breach of contract, 3 rd cause of action for nuisance, 5 th cause of action for breach of contract and 6 th cause of action for intentional interference with contractual relations. 2nd cause of action for breach of contract—4 th Avenue alleges in the 2 nd cause of action for breach of contract that Boyce �...

Excerpt: ...e Soffer Living Trust RESP. PARTY: Defendants Jeffrey H. Tamkin and Tamkin Development Corporation TENTATIVE RULING Plaintiffs Thomas P Sokol, The Lenore Sohn Sokol Irrevocable Trust, and the Michael and Janet Soffer Living Trust and the David and Michelle Soffer Living Trust's Application for Writ of Attachment as to Defendant Tamkin Development Corporation is GRANTED. Plaintiffs Thomas P Sokol, The Lenore Sohn Sokol Irrevocable Trust, and the M...

Excerpt: ...RANTED as to the second cause of action for abuse of process. Defendant's RJN is GRANTED. Defendant's second RJN in support of Reply is GRANTED. Defendant's Evidentiary Objections— Dec. of M. Egerman. Obj. #1—SUSTAIN as to “faced with the Motion for Summary Judgment in the Underlying Lawsuit and with no defense to the Motion for Summary Judgment.” Obj. #2-4—SUSTAIN. Dec. of J. Pomeranc. Objs. #1-6—OVERRULE. Obj. 7—SUSTAIN. Plaintiff...

Excerpt: ...rvice Company's Demurrer to Complaint is MOOT as to the 5 th cause of action for breach of implied warranty of fitness and OVERRULED as to the 6 th cause of action for unfair business practice. Defendant A-1 to answer in 20 days. 5th cause of action for breach of implied warranty—Plaintiff filed a dismissal without prejudice of the 5th cause of action for breach of implied warranty on 7-12-21. The Court declines Defendants request for the Court...

Excerpt: ...RATION; BENJAMIN TALEI, MD; BENJAMIN TALEI, MD, A MEDICAL CORPORATION MOVING PARTY: Plaintiff Jason Coosner RESP. PARTY: (1) Defendants Benjamin Talei, MD and Benjamin Talei, MD, a medical corporation (2) Defendants Jason J. Emer, MD and Jason J. Emer, a professional corporation TENTATIVE RULING Motion for Leave to Allege Punitive Damages under CCP §425.13 is DENIED as to Defendants Talei and GRANTED as to Defendants Elmer. Emer's Objections to ...

Excerpt: ...dants/Cross-Complainants Shahab Binafard and Azadeh Binafard and Cross- Defendants A Clas Builders & Design, Inc. and Amy Devault Interior Design, Inc. TENTATIVE RULING Plaintiff HP's Motion to Quash Defendants/Cross-Defendants' Deposition Subpoena on Bank of America is GRANTED in part and DENIED in part. Plaintiff's Motion for Protective Order is GRANTED. 1. Document Request No. 1—All canceled checks from 4-1-15 through the present. The motion...

Excerpt: ...Defendants Catherine Amman and LF Assoc. Inc. d/b/a Keller Williams Realty-Los Feliz's Demurrer to the First Amended Complaint (FAC) is SUSTAINED WITHOUT LEAVE TO AMEND as to the 7th cause of action for nuisance and OVERRULED as to the 3 rd cause of action for breach of fiduciary duty/negligent nondisclosure/constructive fraud and the 4 th cause of action for intentional infliction of emotional distress (IIED). Defendants' Motion to Strike is GRA...

Excerpt: ...ss-Defendants Bryan Keith Johnson and Linda Maisel Johnson's Motion for Summary Judgment of the First Amended Cross-Complaint is GRANTED. Plaintiffs/Cross-Defendants Motion for Summary Adjudication of the 7 th cause of action of Plaintiffs' complaint for declaratory relief is GRANTED. Plaintiff's Objections to Dec. of Chasin are SUSTAINED. Plaintiff is ordered to submit the proposed orders incorporating this ruling. The Johnsons move for summary ...

Excerpt: ...nified School District's Demurrer to Defendant/Cross- Complainant City of Los Angeles' Cross-Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. LAUSD's Request for Judicial Notice is GRANTED. I. City of LA fails to allege compliance with the claims presentation requirement under GC §945.4 The Cross-Complaint fails to allege compliance with the claims presentation requirement under GC §945.4. See Cross-Complaint filed on 8-22-18, ¶6. The City does ...

Excerpt: ...fendant GTP Structures II, LLC TENTATIVE RULING Plaintiffs Paramount Contractors & Developers, Inc. and the Folb Partnership's Motion for Attorney's Fees is DENIED WITHOUT PREJUDICE. Plaintiffs have not yet filed the Defendants' acceptances of Plaintiffs' 998 offers with the clerk as required under Section 998 subdivision (b)(1) (“If the offer is accepted, the offer with proof of acceptance shall be filed and the clerk or the judge shall enter ...

Excerpt: ...son, individually and as guardian ad litem for Joseph Griffin, and Delmas Griffin TENTATIVE RULING Defendants Miracle Mile Properties, LP and Century Quality Management, Inc.'s Demurrer to the 6th cause of action for battery is SUSTAINED WITHOUT LEAVE TO AMEND and to the 7 th cause of action for intentional infliction of emotional distress (IIED) is OVERRULED. The Motion to Strike is DENIED. Defendants to answer in 10 days. 6th cause of action fo...

Excerpt: ...gment to Add Matthew Malek is GRANTED pursuant to CCP §187. The undisputed evidence establishes that MMG is the alter ego of Matthew Malek. “Section 187 of the Code of Civil Procedure supports an amendment adding a judgment debtor liable for the original defendant's obligations on an alter ego theory. The rationale is that the new defendant is really one and the same as the original defendant and, as such, was represented by the original defen...

Excerpt: ...k”) TENTATIVE RULING Defendant/Cross-Complainant Kennedy-Wilson Properties, Ltd.'s Motion for Summary Adjudication is GRANTED as to Issue No.1 (duty) and DENIED as to Issue Nos. 2 and 3 (breach and damages/liability). I. Law Applicable to Summary Adjudication of an Issue of Duty “A party may move for summary adjudication as to…one or more issues of duty, if the party contends that…that one or more defendants either owed or did not owe a d...

Excerpt: ...ARTY: Plaintiff Jonathan Ornstein, as Trustee of the Ornstein Family Trust TENTATIVE RULING Defendant Michael Farag d/b/a 413 Builders' Motion to Stay Proceedings is GRANTED pursuant to CC §930 and the Court's inherent powers. Defendant's request for fees is GRANTED in the amount of $3000 as to Plaintiff Ornstein. Defendant Farag's Demurrer is placed off calendar in light of the stay. I. Motion to Stay pursuant to Civil Code §930—GRANTED as t...

Excerpt: ...on Paz RESP. PARTY: Plaintiff Shoshana Taylor TENTATIVE RULING Defendants Oran Enterprises, Inc. aka A.B. Dental USA, Pinhas Rahav aka Pinhas Rahav Amar, Alfred Tamir, Bobak Pezeshk aka Babka Aasron Pas aka Aaron Paz's Demurrer to the SAC is SUSTAINED WITHOUT LEAVE TO AMEND. Defendants' Motion to Strike is moot. Defendants Oran Enterprises, Inc. aka A.B. Dental USA, Pinhas Rahav aka Pinhas Rahav Amar, Alfred Tamir, Bobak Pezeshk aka Babka Aasron ...

Excerpt: ...liminary Injunction is DENIED. Spahi fails to establish the likelihood of prevailing on the merits of his cross-claims for declaratory relief and injunctive relief or irreparable harm if the injunction does not issue. Plaintiff's Evidentiary Objections to Dec. of J. Spahi—SUSTAIN as to Objection 1, SUSTAIN as to Objection 2 from “To me, this constitutes a gross violation of my contractual rights” to “opportunity to defend myself” and OV...

Excerpt: ...D. Plaintiff Gianfranco argues Defendants are not the prevailing party in this action. Gianfranco argues Plaintiff Luigi's are still pending against Defendants, and Defendants therefore did not achieve their practical litigation objective. “‘Prevailing party' includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant ...

Excerpt: ...JOVANI FLORES (2) MOTION TO STAY DISCOVERY AS TO DEFENDANT MICHELLE ORTIZ (3) JOINDER BY DEFENDANTS UBER TECHNOLOGIES, INC., RASIER, LLC AND RASIER‐CA, LLC MOVING PARTY: (1) Defendant Omar Jovani Flores (2) Defendant Michelle Ortiz (3) Defendants Uber Technologies, Inc., Rasier, LLC and Rasier-CA, LLC RESP. PARTY: (1) and (2) Plaintiffs Alejandro Miguel Lopez, individually and as an heir and Successor-in-Interest to Tulia Lopez De Miguel and El...

Excerpt: ...ibution, LLC's Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 ST cause of action for elder abuse and the 6 th cause of action for negligent infliction of emotional distress (NIED) and OVERRULED as to the 2 nd through 5th causes of action. Defendants to answer in 20 days. 1st cause of action for Financial Elder Abuse—SUSTAIN WTIHOUT LEAVE TO AMEND. The Court finds the arguments asserted by the Defendant's in their moving papers lack me...

Excerpt: ...S AT DEPOSITION AND FOR SANCTIONS (3) MOTION TO COMPEL THE DEPOSITION OF EXCEL PROPERTY MANAGEMENT SERVICES, INC.'S PMQ, THE PRODUCTION OF DOCUMENTS AND THINGS AT DEPOSITION AND FOR SANCTIONS MOVING PARTY: Plaintiffs Shirley Young, Frank Young and Estate of Eric Young RESP. PARTY: (1) Defendant Mark Gabay (2) Defendant Arman Gabay (3) Defendant Excel Property Management Services, Inc. TENTATIVE RULING Plaintiffs Shirley Young, Frank Young and Est...

Excerpt: ...Inc. d/b/a Vroman's Bookstore & Book Soup TENTATIVE RULING Defendant Commercial Coating Company, Inc. d/b/a Commercial Paving & Coating's (“Commercial”) Motion for Summary Judgment (MSJ) is DENIED. Defendant Commercial's Motion for Summary Adjudication (MSA) of the 1 st cause of action for premises liability is GRANTED. Plaintiff stipulates to dismissal of his 1 st cause of action against Defendant Commercial. Vroman's Objections to Defendant...

Excerpt: ...VE RULING Plaintiff/Cross-Defendant Vista Del Mar Child and Family Services' Demurrer to the FAXC is OVERRULED. Plaintiff/Cross-Defendant to answer in 20 days. 1. Defendant/Cross-Complainant' Turelk, Inc.'s 4 th cause of action for breach of implied covenant is not impermissibly duplicative of the 1 st cause of action for breach of contract. The same conduct can form the basis of a cause of action for breach of contract and one for breach of the ...

Excerpt: ... WITH OUT LEAVE TO AMEND as to the 1 st cause of action for breach of contract and SUSTAINED W/10 DAYS LEAVE TO AMEND as to the 2 nd cause of action for fraud and 3 rd cause of action for negligent misrepresentation. 1st cause of action for breach of contract—SUSTAIN WITH OUT LEAVE TO AMEND. Zarate alleges that Aimco entered into a Stipulation in connection with the prior UD. See XC, ¶21. Zarate claims Aimco violated the Stipulation by filing ...

Excerpt: ...on for Summary Judgment is GRANTED. The Court makes notes that Plaintiffs did not file an opposition to this MSJ. 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 and care ordinarily possessed and exercised by members of the me...

Excerpt: ...ndant Insomniac Holdings, LLC's Motion to Compel Further Responses to Special Interrogatories and for Monetary Sanctions is GRANTED as to SROG Nos. 72-74 and DENIED as to SROG Nos. 75-77. Defendant's Motion to Compel Further Responses to Special Interrogatories raises the same issues as Defendant's Motion to Compel Further Reponses to RFPs heard on 5-25-21. Defendant's request for sanctions is DENIED. For the same reasons stated in connection wit...

Excerpt: ...IVE RULING Defendant Law Offices of Martin D. Gross, APC's Demurrer to the First Amended Complaint (FAC) is OVERRULED as to the 5 th cause of action for financial abuse as to Meyer only, SUSTAINED with 20 days leave to amend as to the 5 th cause of action for financial abuse as to Miller, OVERRULED as to the 7th cause of action for breach of the implied covenant and SUSTAINED with 20 days leave to amend as to the remaining causes of action. Defen...

Excerpt: ...tion, is DENIED. An amended Notice of Motion for Summary Judgment, or in the alternative, Summary Adjudication was served on Defendant as permitted by the stipulation and olrder signed by the Court on April 7, 2021. The Amended Notice sets for the proper hearing date of May 27, 2021. Defendant did not file an opposition. The elements for a breach of contract cause of action are: (1) the existence of a contract; (2) plaintiff's performance or excu...

Excerpt: ...im TENTATIVE RULING Plaintiff/Cross-Defendant Har-Bro West, Inc.'s Demurrer to the first amended cross-complaint (FAXC) is OVERRULED as to the 2 nd cause of action for negligence. Defendant/Cross-Complainant Hakim dismissed the 5 th and 6 th causes of action on 1-7-21 and 1-11-21. Plaintiff/Cross-Defendant Har- Bro's Motion to Strike portions of the 5 th cause of action is also MOOT in light of the dismissals. A party may not convert a broken pro...

Excerpt: ...ldings, LLC's Motion to Compel Further Responses to RFPs and for Monetary Sanctions is GRANTED in part and DENIED in part. Defendant Insomniac's request of sanctions is denied. Defendant did not fully prevail and Plaintiffs' opposition was partially meritorious. RFP No. 22—GRANT. Plaintiffs now claim they did not rely on any documents in responding to Defendant's Special Interrogatories (Set Three). Plaintiffs' original verified response identi...

Excerpt: ...ndant Board of Trustees of California State University TENTATIVE RULING Plaintiffs Natalie Operstein and Craig Ross' Joint Motion to Compel Compliance with Court's Orders and for Terminating, Issue and Evidence Sanctions is DENIED. Motion Cut‐Off. The discovery motion cut-off date fell on 5-23-21, a Sunday. Based on CCP §2016.060, the discovery motion cut-off was extended until 5-24-21. The motion was filed timely filed more than 16 court days...

Excerpt: ...ory Relief (regarding the indemnity clause); (2) Tenth Cause of Action – Breach of Contract; and (3) Eleventh Cause of Action – Contractual Indemnity. (SACC ¶¶ 78-111.) On January 21, 2021, Trademark filed a demurrer to the SACC. Trademark demurs to the ninth, tenth, and eleventh causes of action. LEGAL STANDARD “Before filing a demurrer . . . the demurring party shall meet and confer . . . by telephone with the party who filed the pleadi...

Excerpt: ...agreement; (2) account stated; and (3) quantum meruit. Plaintiffs allege that Defendant breached contracts when it failed to pay for invoices for work performed by Plaintiffs' employees. On February 3, 2021, Plaintiffs filed an application for a writ of attachment. Plaintiffs seeks to attach $236,556.03 against Defendant MK Cuisine Global, LLC. LEGAL STANDARD A party may apply for a prejudgment writ of attachment based an “action on a claim or ...

Excerpt: ... Arman Gabay's Motion for Summary Judgment, or in the alternative, for Summary Adjudication is DENIED. The Court's ruling does not consider Plaintiffs' opposition papers.  The Gabays' Motion for Summary Judgment, or in the alternative, for Summary Adjudication is identical to that of Charles Company and System LLC's and Excel's. Arman and Mark Gabay are officers of Excel and owners of System LLC. See Dec. of A. Gabay filed on 2-8-21, ¶2; Dec....

Excerpt: ...As moving party, Core bears the burden of establishing all necessary elements to justify issuance of the injunction. See O'Connell v. Sup.Ct. (Valenzuela) (2006) 141 Cal.App.4th 1452, 1481. This requires Core to provide the Court with admissible evidence establishing irreparable harm and the likelihood that Core will prevail on the merits in this action. See CCP §527(a). A preliminary injunction must not issue unless Core can demonstrate reasona...

Excerpt: ...mplaint (FAXC) is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st cause of action for breach of contract and SUSTAINED WWITH 10 DAYS LEAVE TO AMEND as to the 2 nd cause of action for fraud and 3 rd cause of action for negligent misrepresentation. 1st cause of action for breach of contract—SUSTAINED WITHOUT LEAVE TO AMEND. Vallejo alleges that Aimco entered a Stipulation in connection with the prior action for unlawful detainer. See FAXC, ¶31. ...

Excerpt: ...ervices Central Valley, LLC; CAM Services Inland Empire, LLC; Omnia Pacific Construction, LLC TENTATIVE RULING Plaintiff/X-Defendant Creditors Adjustment Bureau, Inc.'s (“CAB”) Demurrer to the first amended cross-complaint (FAXC) of Common Area Maintenance Services, Inc.; CAM Services Central Valley, LLC; CAM Services Inland Empire, LLC; Omnia Pacific Construction, LLC (collectively referred to herein as “CAM”) for declaratory relief is S...

Excerpt: ...A. Elements of unlawful detainer under CCP §1161a(b)(3) “In any of the following cases, a person who holds over and continues in possession of…real property after a three-day written notice to quit the property has been served upon the person, or if there is a subtenant in actual occupation of the premises, also upon such subtenant, as prescribed in Section 1162, may be removed therefrom as prescribed in this chapter:…(3) Where the propert...

Excerpt: ...s, Inc.'s (“Excel”) Motion for Summary Judgment, or in the alternative, for Summary Adjudication is DENIED. The Court's ruling does not consider Plaintiffs' opposition papers. Excel's Motion for Summary Judgment, or in the alternative, for Summary Adjudication is identical to that of Charles Company's. Excel managed the subject property. See Excel's Compendium of Evidence, Ex. 3, Dec. of N. Gabay, ¶2. Excel's motion is denied on the same gro...

Excerpt: ...ant Tabor Palms Apartments, LLC's Motion for Judgment on the Pleadings is GRANTED without leave to amend. Plaintiff lacks standing to sue for foreclosure on the mechanic's lien, Instrument No. 20200738445. I. Request for judicial notice (RJN) is GRANTED “A motion for judgment on the pleadings performs the same function as a general demurrer, and hence attacks only defects disclosed on the face of the pleadings or by matters that can be judicial...

Excerpt: ...n Madden, Ltd.'s Demurrer is OVERRULED as to the 1 st and 2nd causes of action for fraud and conspiracy to commit fraud, SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd and 4 th cause of action for rescission and unjust enrichment, SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 5 th cause of action for intentional interference with contract and SUSTAINED WITHOUT LEAVE TO AMEND as to the 6 th cause of action for negligent interference with prospe...

Excerpt: ...n Madden, Ltd.'s Demurrer is OVERRULED as to the 1 st and 2nd causes of action for fraud and conspiracy to commit fraud, SUSTAINED WITHOUT LEAVE TO AMEND as to the 3 rd and 4 th cause of action for rescission and unjust enrichment causes of action, SUSTAINED WITH 20 DAYS LEAVE TO AMEND as to the 5 th cause of action for intentional interference with contract and SUSTAINED WITHOUT LEAVE TO AMEND as to the 6 th cause of action for negligent interfe...