Excerpt: ...UT LEAVE TO AMEND. I. Statute of Limitations Defendant Chase argues the entire action is subject to the three-year limitations period under Commercial Code §3118(g)(1). Defendant Chase also argues the action accrued upon deposit of the alleged forged checks. Plaintiff does not dispute that the applicable limitations period is three years under Commercial Code §3118(g)(1). Plaintiff also does not dispute that the action accrued and the limitatio...

Excerpt: ... Centers, LLC's Motion to Compel Arbitration is DENIED. Supplemental Briefing The Court previously continued the hearing on this motion to compel arbitration for supplemental briefing on why the minor, C.D., is not a principal under the arbitration agreement and consider additional evidence whether defendant was a healthcare provider who provided medical services within the meaning of CCP 1295(d BNI still fails to establish C.D. was not the princ...

Excerpt: ...violation of CC §1785.25 and SUSTAINED WITHOUT LEAVE TO AMEND as to the 2 nd cause of action for violation of B&PC 17200. I. 1 st cause of action for violation of CC §1785.25—SUSTAIN W/10 DAYS LEAVE TO AMEND Plaintiff alleges Defendant Discover Bank violated CC §1785.25(a). See Complaint, ¶5. CC §1785.25(a) provides, a “person shall not furnish information on a specific transaction or experience to any consumer credit reporting agency if...

Excerpt: ... motion is GRANTED as to ¶14, with the exception of Mink's allegation that “Following execution of the contract, Moda engaged in conduct that constituted a material breach of the contract, a material failure of consideration (both current and prospective), and frustration of purpose (see Rest.2d, Contracts §§261, 265),” and DENIED as to the remainder of the Cross-Complaint. Mink is ordered to pay Moda's attorney's fees and costs in the amo...

Excerpt: ... to the Declarations of Jessel and Loring are OVERRULED. “Resolution of an anti-SLAPP motion involves two steps. First, the moving defendant must show that the challenged claim or claims arise from the defendant's constitutionally protected free speech or petition rights. A defendant need only make a prima facie showing at this stage. In determining whether the defendant has met this burden, we disregard the labels attached to the causes of act...

Excerpt: ...ortez TENTATIVE RULING Defendant EC & AM Associates, Inc. d/b/a GK & Associates' Motion for Terminating and Monetary Sanctions for Violation of CCP §128.7 is DENIED. Defendants' RJN is DENIED. Plaintiffs' Evidentiary Objections to Dec. of Damerjian—OVERRULE 1, 2, 8 and SUSTAIN as to remaining Plaintiffs' Evidentiary Objections to Dec. of G. Kahn—OVERRULE all objections Defendants' Evidentiary Objections—OVERRULE “By presenting to the cou...

Excerpt: ...IVE RULING Defendant/Cross-Complainant Beverly Hills Unified School District's Motion for Summary Judgment is DENIED. Defendant/Cross-Complainant's Motion for Summary Adjudication is GRANTED as to the 10 th cause of action and DENIED as to all remaining issues. Plaintiff's Objections 2-5 are OVERRULED. Court declines to rule on Objections 1 and 6 per CCP §437c(q). Defendant's objections are OVERRULLED. I. Beverly Hills' Evidence in Support of MS...

Excerpt: ...TENTATIVE RULING Defendant/X-Complainants Fusionzone Automotive, LLC, Brett Sutherlin and Karen Sutherlin's (collectively referred to herein as “Fusion Zone”) Motion for Summary Judgment, or in the Alternative Summary Adjudication is DENIED. “A defendant is entitled to summary judgment if the record establishes as a matter of law that none of the plaintiff's asserted causes of action can prevail. The pleadings define the issues to be consid...

Excerpt: ... rd cause of action for negligence and OVERRULED as to the 1 st and 2 nd cause of action for invasion of privacy and intentional infliction of emotional distress (IIED). Defendant Alastin Skincare Inc.'s Motion to Strike is GRANTED as to the punitive damages claim and DENIED as to the attorney's fees claim. Defendant Alastin to answer in 20 days. 1. Sufficient allegations to hold Alastin liable for William, Charles & Scott Ltd. (“WCS”) acts b...

Excerpt: ...ical and Related Records is GRANTED in part and DENIED in part. Parties' requests for sanctions are denied. Plaintiff is to submit the proposed order. “If a subpoena requires the attendance of a witness or the production of books, documents, or other things before a court, or at the trial of an issue therein, or at the taking of a deposition, the court, upon motion reasonably made by any person described in subdivision (b), or upon the court's ...

Excerpt: ...IVE RULING Defendants Wilmington Savings Fund Society, FSB, as trustee for Stanwich Mortgage Loan Trust, Aldridge Pite, LLP and Will Jarrell's Demurrer is OVERRULED as to the first t cause of action for malicious prosecution and SUSTAINED WITHOUT LEAVE TO AMEND as to the second cause of action for retaliation. Lack of personal jurisdiction 1. Lack of personal jurisdiction is not grounds for demurrer under CCP §430.10. Jarrell's filing of a demur...

Excerpt: ...e cross-complaint of Fab Rock Investments, LLC RESP. PARTY: Defendant/Cross-Complainant Fab Rock Investments LLC TENTATIVE RULING Plaintiff Sharona Yehuda's (as Trustee of the Keshet Intervivos Trust) (hereinafter referred to as “Keshet”) and RS West Hollywood LLC and Yehuda Benezra's Demurrer to Fab Rock Investments LLC (Fab Rock) cross-Complaint are SUSTAINED WITH 10 DAYS LEAVE TO AMEND. Fab Rock alleges a single cause of action for declara...

Excerpt: ...Property, LLC's Demurrer to the first amended complaint (FAC) is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant Robert Klein's Demurrer to the FAC is SUSTAINED WITHOUT LEAVE TO AMEND. Defendants are to submit the proposed judgments of dismissal. I. Plaintiff's Allegations in the FAC Plaintiff and Defendants were previously engaged in two litigations: (1) Defendant Carol Klein sued Plaintiff in a probate proceeding (the “Probate Proceeding”) and ...

Excerpt: ...n against LAUSD is DENIED. I. Applicable Law If an application for leave to present a claim is denied or deemed to be denied pursuant to Section 911.6, a petition may be made to the court for an order relieving the petitioner from the government claims requirement under GC §945.4. See GC §946.6. The court must grant the petition under section 946.6, subdivision (c)(1), if the claimant demonstrates by a preponderance of the evidence that (1) the...

Excerpt: ...entiary objections to the declaration Nanette Reed are SUSTAINED. If the court finds that "in the interest of substantial justice" an action filed in California should be adjudicated elsewhere, it may stay or dismiss the action on such conditions as may be just. See CCP §410.30(a). The statute codifies the common law doctrine of forum non conveniens. This is not a jurisdictional doctrine. Rather, it is “an equitable doctrine invoking the discr...

Excerpt: ...mmary Judgment is GRANTED. Based on the undisputed evidence, Defendant Adco's products did not cause Plaintiff's cancer. I. Undisputed evidence establishes Silk Sheen was the only product sold to Plaintiff's employer, Stoneview Corporation In Plaintiffs' DOE amendment adding Defendant Adco as a defendant, the following chemicals were identified as sources of Adco's liability: AlbaChem PSR, Renew, Clorosheen Injectable Sizing, Pull-Out Premium. Si...

Excerpt: ...mination/constructive discharge, 6 th cause of action for violation of Labor Code §970, 10 th cause of action for retaliation and 11 th cause of action for unjust enrichment is SUSTAINED WITH 20 DAYS LEAVE TO AMEND The demurrer to the 2 nd cause of action for breach of implied covenant of good faith and fair dealing is SUSTAINED WITHOUT LEAVE TO AMEND The demurrer to the 1 st cause of action for breach of contract, 5 th cause of action for overt...

Excerpt: ... Gustavo Zinkewich's Motion to Disqualify Andrew Zepeda, Jimmy Chang, and the Law Firm of Lurie, Zepeda, Schmalz, Hogan & Martin (“Lurie Zepeda”) and Motion to Quash the Deposition Subpoena of Heriberto Schoeffer or for a Protective Order came for hearing at 8:30 a.m. on January 21, 2021 in Department O of this Court. Jeffrey Zuidema appeared for Lumar and Mr. Zinkewich and Kurt Schmalz, Andrew Zepeda, and Jimmy Chang appeared for Mr. Singer....

Excerpt: ...PARTY: Plaintiff Benjamin David Silverman, a disabled adult, by and through his Guardian Ad Litem, Brian Silverman TENTATIVE RULING Defendants Shelby Senior Care, LLC d/b/a Terraza of Cheviot Hills; Northstar Living, Inc.; Matan Burstyn; and Cassandra Arnold's Motion to Compel Arbitration is GRANTED. Defendants establish the existence of a binding arbitration agreement applicable to the causes of action alleged in the complaint. Code of Civil Pro...

Excerpt: ...r to the Third Amended Complaint (TAC) is OVERRULED. Defendant to answer within 20 days. 1st cause of action for breach of contract—OVERRULE. Defendant Jaime Fuentes Insurance Agency, Inc. argues there was never any contract between itself and Plaintiff personally. Plaintiff need not allege a direct agreement between herself personally and Defendant Jaime Fuentes Insurance Agency, Inc. She is suing as assignee of the Underlying Defendants, who ...

Excerpt: ...ppor, MD, Inc.'s Motion to Strike is GRANTED as to punitive damages per CCP §425.13 and the allegations regarding legal expenses per CCP §1033.5(a)(10). I. Applicable Law “In any action for damages arising out of the professional negligence of a health care provider, no claim for punitive damages shall be included in a complaint or other pleading unless the court enters an order allowing an amended pleading that includes a claim for punitive ...

Excerpt: ...n RESP. PARTY: (1) Defendant/X-Complainant Pure Vape Inc. and Vardan Kushkyan (2) Plaintiff Steve Perkovich TENTATIVE RULING I. Plaintiff's Motion for Leave to File a SAC—GRANTED “Courts must apply a policy of liberality in permitting amendments at any stage of the proceeding, including during trial, when no prejudice to the opposing party is shown.” P&D Consultants, Inc. v. City of Carlsbad (2010) 190 Cal.App.4th 1332, 1345. Prejudice exis...

Excerpt: ...nts' Demurrer to the Third Amended Complaint (TAC) is SUSTAINED WITHOUT LEAVE TO AMEND as to the 1 st cause of action for breach of the implied covenant of good faith and fair dealing and the 2 nd cause of action for wrongful termination, SUSTAINED WITH 10 DAYS LEAVE TO AMEND as to the 5 th through 7 th cause of action for Labor Code Violations and the 8 th cause of action for Negligent Infliction of Emotional Distress, and OVERRULED as to the 3 ...

Excerpt: ...rron RESP. PARTY: Plaintiff Max Goldsmith TENTATIVE RULING Defendants' Demurrer to the first cause of action for violation of Article IX, Section 5 of the California Constitution and to the second cause of action for violation of Article 1, Section 7(a) is SUSTAINED WITH 10 DAYS LEAVE TO AMEND solely only to state claims for declaratory relief and/or injunctive relief, if appropriate. If Plaintiff intends to amend, the parties are ordered to meet...

Excerpt: ... Estate Properties and Brian Stace's Demurrer to the second amended cross-complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the first and second causes of action for breach of contract and OVERRULED as to the remaining causes of action. Cross-Defendants to answer in 10 days. I. 1 st cause of action for breach of contract and 2 nd cause of action for breach of the implied covenant of good faith and fair dealing—SUSTAIN WITHOUT LEAVE TO AMEND C...

Excerpt: ...m America, Inc.'s (LGCAI) Motion to Quash for Lack of Personal Jurisdiction is GRANTED. I. General jurisdiction fails because no evidence that LGCAI is “at home” in California As an example of an exceptional case where general jurisdiction was asserted over a corporation outside of its state of incorporation or principal place of business, the Supreme Court cited to Perkins v. Benguet Col. Mining Co., 342 U.S. 437, 447-448 (1952). See Daimler...

Excerpt: .... MOVING PARTY: Plaintiff Ocean Towers Housing Corporation RESP. PARTY: Defendant John Spahi JOINED BY: Defendant Joseph Orlando, Dolrina Schiro, Omar Spahi, Apex Investments Group, Ltd TENTATIVE RULING Plaintiff Ocean Towers Housing Corporation's Motion for Order, Pursuant to Civil Code §3295(c) Permitting Pretrial Discovery of Wrongfully Gained Profits by and Financial Condition of Defendants John Spahi, Joseph Orlando, Omar Spahi and Apex Inv...

Excerpt: ...as Aguilar, Jetziba Aguilar TENTATIVE RULING Defendant Omar Flores's (Flores) Demurrer to the first cause of action for negligence alleged in the First Amended Complaint (FAC) is OVERRULED. Flores's demurrer to the third cause of action for “driving under the influence of drugs and/or alcohol” is SUSTAINED without leave to amend. Flores's Motion to Strike the allegations and claim for attorney's fees punitive damages is GRANTED. The motion to...

Excerpt: ...tion for Summary Judgment is GRANTED. I. Undisputed facts establish there was no enforceable oral agreement between Plaintiff's assignee and Defendant. “To state a cause of action for breach of contract, a plaintiff must plead and prove (1) the existence of a contract, (2) the plaintiff's performance of the contract or excuse for nonperformance, (3) the defendant's breach, and (4) resulting damage.” CDF Firefighters v. Maldonado (2008) 158 Ca...

Excerpt: ...VE RULING Plaintiff Lumar LLC's and Cross-Defendant Gustavo Zinkewich's Motion to Disqualify is GRANTED. Plaintiff Lumar LLC and Cross-Defendant Gustavo Zinkewich's Motion to Quash and for Protective Order is DENIED. However, in light of the disqualification order, the deposition of Schoeffer as a non-party is continued until after Singer's retention of new counsel. Singer's evidentiary objections are OVERRULED. I. A Direct attorney‐client rela...

Excerpt: ...lainant Houck Construction, Inc. (Houck Construction) TENTATIVE RULING Bakers' Demurrer to Houck Construction's First Amended Cross- Complaint (FAXC) is OVERRULED. Baker' Motion to Strike is GRANTED as to the Attorney's Fees and Punitive Damages in connection with the 6 th cause of action for breach of implied covenant of good faith and fair dealing and DENIED as to the punitive damages in connection with the 7 th cause of action for fraud. Baker...

Excerpt: ...: Defendant Paul Colichman RESP. PARTY: Plaintiff Donna Sue Workman TENTATIVE RULING Defendant Paul Colichman's Motion to Compel Compliance with Requests for Production of Documents(RFP) (set one) is DENIED. Defendant Paul Colichman's Motion to Compel Further Responses to RFPs (set two) is GRANTED in part and DENIED in part. Motion to Compel Compliance with RFPs (set one)—DENY “If a party filing a response to a demand for inspection, copying,...

Excerpt: ...onal, LLC's (Fitness) Demurrer to the Plaintiff's first cause of action for negligence is SUSTAINED WITHOUT LEAVE TO AMEND and as to the second cause of action for negligent hiring, supervision and retention is OVERRULED. Defendant's Motion to Strike is DENIED. Defendant Fitness to answer in 10 days. First cause of action for negligence—Plaintiff argues she is attempting to impose liability in her first cause of action for negligence based on D...

Excerpt: ...e Properties and Brian Stace's Demurrer to the Second amended cross complaint is SUSTAINED WITH OUT LEAVE TO AMEND as to the 1 st and 2 nd causes of action for breach of contract and OVERRULED as to the remaining causes of action. Cross-Defendants to answer in 10 days. The Court will consider Defendant's unnoticed “request for a continuance” (filed 1-11-21) at the hearing. In that regard, counsel is directed to review the Court's minute order...

Excerpt: ...the alternative, Summary Adjudication is DENIED. Plaintiff's request for a CCP §437c(h) continuance a to the fraudulent concealment cause of action and the punitive damages claim is MOOT. I. “General Causation” (Medical) “Based on the provisions of Evidence Code sections 801 and 80212, the trial court acts as a gatekeeper to exclude expert opinion testimony that is (1) based on matter of a type on which an expert may not reasonably rely, (...

Excerpt: ...nt is OVERRULED. Defendant Zarate's Motion to Strike is DENIED. Defendant to answer in 10 days. 1st cause of action for breach of contract—OVERRULED. Plaintiff alleges the existence of a contract with Defendant and its material terms (Complaint, ¶¶12-22, 28), Defendant's breach of the contract by leasing the subject property to third parties through AirBnb (Complaint, ¶¶23-24, 29), Plaintiff's performance of all its obligations under the le...

Excerpt: ...nt/X-Complainant Cardiff Project, LLC RESP. PARTY: (1) Defendant/X-Defendant/X-Complainant Cardiff Project, LLC (BY MOTION TO CONTEST) (2) Defendant/X-Complainant United Site Services of California, Inc. TENTATIVE RULING Defendant United Site Services of California, Inc.'s Application Motion for Determination of Good Faith Settlement is DENIED without prejudice. Defendant Cardiff Project, LLC's Motion to Contest Determination of Good Faith Settle...

Excerpt: ...d complaint is SUSTAINED, WITHOUT LEAVE TO AMEND. The motion to strike is GRANTED, IN PART. The reference to Government Code §815.6 in the first cause of action stricken. The City is to file an answer in 10 days. This is the second time Plaintiff tried to allege a claim against the City under Government Code §815.6. The first time the court sustained the demurrer with leave to amend “to add specific references to statutes or other provisions ...

Excerpt: ...a's Motion for Preliminary Injunction is GRANTED. CCP §1008(b) does not apply. The Court previously denied the ex parte application for TRO and Injunction without prejudice on 10-8-19. See Farber v. Bay View Terrace Homeowners Assn. (2006) 141 Cal.App.4th 1007, 1015; Nat'l Granger of Order of Patrons of Husbandry v. Cal. Guild (2019) 38 Cal.App.5th 706, 716 fn.10. The motion is also supported by the December 2019 deposition of Munz, which had no...

Excerpt: ... is GRANTED. Plaintiff is ordered to file a copy of the First Amended Complaint under separate cover forthwith. Defendants do not argue that prejudice will result if the amendment is allowed. Defendants instead argue the amendment is a sham, because it seeks to change certain factual allegations to conform to recently discovered evidence. Defendants argue that they would prevail on summary judgment of the original complaint, because the evidence ...

Excerpt: ...he statutory procedure for enforcing settlement agreements under section 664.6 is not exclusive. It is merely an expeditious, valid alternative statutorily created. Even though it is not exclusive, is intended to provide a means for enforcing an agreement that requires nothing more than a single motion. Although a judge hearing a section 664.6 motion may receive evidence, determine disputed facts, and enter the terms of a settlement agreement as ...

Excerpt: ... SUSTAINED WITHOUT LEAVE TO AMEND as to the 6th cause of action for fraud, 8 th cause of action for negligent misrepresentation and 10 th cause of action for negligent infliction of emotional distress (NIED) and OVERRULED as to the 4 th cause of action for lack of informed consent, 7 th cause of action for concealment, and 9 th cause of action for intentional infliction of emotional distress (IIED). Defendant Smith's Motion to Strike is GRANTED p...

Excerpt: ...ant Farzaneh Paknejad (4) Cross-Defendant HP Group, G.C., Inc. RESP. PARTY: (1)‐(4) Cross-Complainants Shahab Binafard and Azadeh Binafard TENTATIVE RULING Cross-Defendants Hassan Paknejad, Mehdi Paknejad, Farzaneh Paknejad and HP Group, G.C.,Inc.'s Demurrers to Second Amended X-Complaint are OVERRULED. Cross-Defendants' Motions to Strike are GRANTED as to the punitive damages pled in connection with the constructive fraud claim and DENIED as t...

Excerpt: ...n Towers Housing Corporation TENTATIVE RULING Defendant Joseph Orlando and Nonparty CID Services, Inc.'s Motion to Quash Deposition Subpoena is DENIED. Defendant Joseph Orlando and Nonparty Condo Services, Inc.'s Motion to Quash Deposition Subpoena is DENIED. Plaintiff's Request for Sanctions is DENIED. Plaintiff requested sanctions in the amount of $11,300 (14.2 hours @ $650/hr, 4 hours @ $675/hr). Both motions make identical arguments as to two...

Excerpt: ...ry proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision.” CCP §425.16(g). “Section 425.16, subdivision (g) allows the court to permit specified disco...

Excerpt: ...S. Grewal, MD TENTATIVE RULING Plaintiff's Motion for Reconsideration of the June 30, 2020 Decision Denying Request for Leave to Claim Punitive Damages against Defendants is DENIED. Timeliness—CCP §1008(a) requires that any motion for reconsideration must be brought “within 10 days after service upon the party of written notice of entry of the order…” Novak v. Fay (2015) 236 Cal.App.4th 329, 335-336 (10-day limit did not apply where no n...

Excerpt: ...ts Kathryn Ireland, The Perfect Room, Kathryn M. Irleand, Inc. and Kathryn M. Ireland Textiles & Design's Demurrer to Complaint is OVERRULED and the Motion to Strike is GRANTED in part and DENIED in part. I. Demurrer—OVERRULE 2nd cause of action for fraud—Plaintiff alleges that Ireland made promises and representations in March 2018. See Complaint, ¶11. Those representations and promises are identified in detail. Id. Plaintiff alleges Irelan...

Excerpt: .... Due on 10-27-20. TENTATIVE RULING Plaintiffs/Cross-Defendants Ernie Goldberger & Co., Regina Goldberger and Ernie Goldberger & Co.'s Motion for Summary Judgment, or in the alternative Summary Adjudication is ruled on as follows: (1) Plaintiffs' Motion for Summary Judgment of Plaintiffs' Complaint is DENIED; (2) Plaintiff Ernie Goldberger & Co.'s Motion for Summary Adjudication of the 1 st cause of action for conversion, 2 nd cause of action for...

Excerpt: ...DENIED as to the 5 th Affirmative Defense based on the litigation privilege under CC §47(b) and GRANTED as to the remaining amendments. I. Applicable Law “Section 473 permits the trial court in its discretion to allow amendments to pleadings in the furtherance of justice. Ordinarily, courts should exercise liberality in permitting amendments at any stage of the proceeding. In particular, liberality should be displayed in allowing amendments to...

Excerpt: ...in the amount of $125,078.50. Defendant's request for costs is DENIED as MOOT and/or procedurally improper. The Court allowed supplemental briefing on those new issues raised in the Court's prior tentative, specifically the Court's discussion of the mutuality of remedy provisions under paragraph 2 of Civil Code §1717(a). This discussion was relevant to Plaintiff's opposition argument that the attorney's fee provision at §1.8 of the Master Deman...