Excerpt: ...is DENIED WITHOUT PREJUDICE. Discussion Plaintiff Santiago Nunez (“Plaintiff”), in his representative capacity, must provide sufficient facts to show that the settlement is fair, reasonable and adequate (Govt. C. sec.12652) or “fair to those affected” (Williams v Superior Court (2017) 3 Cal. 5th 531, 549; see also Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, as modified (Sept. 30, 1996); Kullar v. Foot Locker Retail, Inc. (2008) 168...

Excerpt: ...ction is SUSTAINED, without leave to amend. 2. Defendant's Demurrer to Plaintiffs' second, third, fourth, and fifth causes of action is SUSTAINED, with 20 days leave to amend. Defendant's Motion to Strike Portions of Second Amended Complaint is MOOT because of the demurrer rulings. INTRODUCTION On October 5, 2021, Zhirayr Alepyan and Leyla Karapetyan, as Trustees of the Alepyan Family Trust Dated November 11, 2013 (“Plaintiffs”), filed the op...

Excerpt: ...fs”) from lease agent Keyes European, LLC (“Keyes”). On March 22, 2019, Plaintiffs and Keyes entered into a lease agreement for the Subject Vehicle (the “Lease”). (Declaration of Soheyl Tahsildoost (“Tahsildoost Decl.”), Exhibit 2 (for a copy of the Lease), pp. 2- 3.) The Lease includes an arbitration provision which provides that any disputes arising out of or related to the Lease shall be resolved by binding arbitration on an indi...

Excerpt: ... following have been completed: Joint witness list 10/1/2021 Joint exhibit list 10/1/2021 Joint jury instructions 10/4/2021 Joint statement of the case 10/1/2021 In addition, still needed ‐ Verdict forms and printed out, fully edited jury instructions, time estimate for defendants' witnesses. No jury panel will be called up until all the above are completed. B. TENTATIVE RULINGS ON MOTIONS IN LIMINE The court notes several of the motions are un...

Excerpt: ... res ipsa loquitur. Plaintiff Solar Hydrogen Holdings, Inc.'s Request for Judicial Notice is GRANTED but not as to any hearsay contained therein or facts that are in dispute. Defendants Crown Commercial Properties, LLC and TMW Corporation dba Aero- Chrome Plating Request for Judicial Notice is GRANTED but not as to any hearsay contained therein or facts that are in dispute. Rulings on Evidentiary Objections are separately entered. INTRODUCTION Pl...

Excerpt: ... WITHOUT LEAVE TO AMEND except as to listed item nos. (6), (8) and (11) in the Notice to the Motion to Strike . The motion is DENIED as to listed item nos. (6) and (11) in the Notice to the Motion to Strike. The motion is MOOT as to listed item no. (8) in the Notice to the Motion to Strike. Defendant Kevin Hart's Request for Judicial Notice is GRANTED but not as to any facts in dispute or hearsay. Demurrer: Defendant Kevin Hart (“Defendant”) ...

Excerpt: ...iff Ricardo Rivas seeks an order enforcing a “settlement agreement” between plaintiffs and defendant Khechumyan for $80,000. The written evidence of a “settlement agreement” are the following: 1. Email dated 5/3/2021 from counsel for defendant Khechumyan to plaintiff's counsel which states: “In response to your settlement demand of $200,000.00, on April 15, 2021, we spoke to you by telephone to communicate an offer to settle your client...

Excerpt: ...l Notice is DENIED. Introduction Plaintiff Dennis Stankie (“Plaintiff”) moves to compel further responses to Special Interrogatories Set One (“SI”) served upon Defendant Gabriel Ramirez (“Defendant.”) Plaintiff further requests his costs for filing the motion as sanctions. Defendant opposes the motion and requests sanctions of $595.00 against Plaintiff. Plaintiff further submitted a request for judicial notice (“RJN”) with the Rep...

Excerpt: ...to grant a motion to augment. Accordingly, the court addresses each of these issues. The court notes that there are mandatory statutory requirements in order to grant this motion. Plaintiffs' counsel addresses it solely as a matter of equity but fails to submit credible evidence to support the mandatory considerations. CCP section 2034.620 states: The court shall grant leave to augment or amend an expert witness list or declaration only if all of...

Excerpt: ...and SUSTAINED WITH LEAVE TO AMEND as to the Fifth Cause of Action. The Demurrer to the Third Cause of Action is MOOT due to its withdrawal by moving parties. Plaintiff is granted 20 days leave to file an “Amendment to the SAC” (and not a “Third Amended Complaint”) to plead the itemization of expenses under the Eleventh Cause of Action for Failure to Reimburse Expenses and to plead where the fraudulent misrepresentation took place as to th...

Excerpt: ...and SUSTAINED WITHOUT LEAVE TO AMEND as to the Fifth Cause of Action for Fraud. The Demurrer to the Third Cause of Action is MOOT due to its withdrawal by moving parties. Plaintiff is granted leave to file an “Amendment to the SAC” (and not a “Third Amended Complaint”) to plead the itemization of expenses under the Eleventh Cause of Action for Failure to Reimburse Expenses. Defendants FaceCake Marketing Technologies, Inc., Linda, and Ron ...

Excerpt: ...egation stating: “even calling the police stating Plaintiff was beating his roommate and when the police came, not only Plaintiff was not there, but also the roommate was sleeping and when woke up with the police, could testify that nothing happened.” The Motion is DENIED as to the portion of the allegation stating: “Multiple episodes happened in the past few months, where Defendant Dilfuza Ibragimova made it clear that she didn't want Plai...

Excerpt: ...nt (“FAC”) filed by Plaintiff K.W. (“Plaintiff.”) Discussion Defendant failed to show compliance with the meet and confer requirements, as required under CCP sec. 435.5. Defendant did not attach to the motion a declaration from counsel nor did Defendant file separately a declaration from counsel stating their efforts to comply with the meet and confer statute. However, Plaintiff does not object to the defect and the Court sees no prejudic...

Excerpt: ...and sixth causes of action. Defendants have 20 days to answer the Third Amended Complaint. 1. Introduction Defendant David Sternlight (“Sternlight”) and Defendant Cabeau, Inc. (“Cabeau”) (collectively “Defendants”) each filed their own demurrer to the Third Amended Complaint (“TAC”) filed by Plaintiff Upside Health, Inc. (“Plaintiff.”) Sternlight's demurrer places into issue the fourth Cause of Action (“COA”) for conversio...

Excerpt: ...s that are in dispute. Defendants Crown Commercial Properties, LLC and TMW Corporation dba Aero- Chrome Plating Request for Judicial Notice is GRANTED but not as to any hearsay or facts that are in dispute. Introduction Plaintiff Solar Hydrogen Holdings, Inc. (“Plaintiff”) moves for summary adjudication (“MSA”) as to several Affirmative Defenses (“AD”) alleged in the Answer filed by Defendant Crown Commercial Properties, LLC (“Crown...

Excerpt: ... for Production of Business Records Only to Contractors State License Board is GRANTED in Part and DENIED in Part. The request to quash Document Demand nos. 1-7 in their entirety as to Plaintiff and Cross-Defendant Orian Construction and Roofing, Inc. and Cross-Defendant Yosef Merhav is DENIED. The request to quash Document Demand no. 8 in its entirety as to Cross-Defendant Yosef Merhav is GRANTED. If, however, the request pertains to events in t...

Excerpt: ... as to punitive damages and DENIED as to the first and second causes of action for negligence and negligent entrustment. Defendant Troy Heidtmann's Request for Judicial Notice is DENIED as to Exhibit 2 and GRANTED as to the remaining exhibits except as to any facts in dispute or hearsay. 1. Introduction Defendant Troy Heidtmann (“Defendant”) moves for summary judgment (“MSJ”) against the First Amended Complaint (“FAC”) filed by Plaint...

Excerpt: ...n dispute or hearsay. Plaintiffs Shamel and Farideh Sanani's Request for Judicial Notice is DENIED as to all exhibits. Defendant Mohammed Asadi's Objections against Plaintiffs Shamel and Farideh Sanani's Request for Judicial Notice is MOOT because the Court denied Plaintiffs' Request for Judicial Notice. Introduction Defendant Mohammed Asadi (“Defendant”) demurs to the second cause of action (“COA”) for breach of contracts alleged in the ...

Excerpt: ...nt”) demurs to the Complaint filed by Plaintiffs Donise McIntryre; Hector Lara; Amaya Lara, a minor; Akira Lara, a minor; and Alexa Lara, a minor (collectively “Plaintiffs.”) Specifically, Defendant places into issue the fifth cause of action (“COA”) for Intentional Infliction of Emotional Distress (“IIED.”) Defendant also moves to strike the allegations in support of IIED and the request for punitive damages. Discussion Defendant a...

Excerpt: ...annot determine how much time is allowed to complete the deposition because it was not provided with the entire transcript. Defense counsel shall file or lodge a complete copy of the deposition so the court can determine that time limit. ______________________ Defendants' Motion to Compel Special Interrogatories, Set 2: Granted. There was a stay of discovery from 7/26/2021 through 9/27/2021. Mr. Stankie was directed to make a good faith effort af...

Excerpt: ...iscuss whether the trial will be by jury or a bench trial, time estimate and proposed dates. [TENTATIVE] ORDER: Plaintiff John Doe's Motion for Leave to File a Second Amended Complaint is GRANTED. The Second Amended Complaint must be separately served and efiled within 21 days. INTRODUCTION Plaintiff John Doe (“Plaintiff”) moves for leave of Court to file a Second Amended Complaint to plead the facts supporting the allegations against Defenda...

Excerpt: ...ially moves to strike the Cross-Complaint (“XC”) filed by Cross-Complainant Elisha Fara Landman (“Cross-Complainant.”) Cross-Complainant places into issue each of the four causes of action (“COA”) alleged: 1) harassment, 2) intimidation, 3) interference with covenant of quiet enjoyment, and 4) public disclosure of private facts. Procedure Cross-Defendant objects to the untimely filing and service of the Opposition. Cross-Complainant w...

Excerpt: ... is limited to curing the defects identified below (i.e.: alleging a negligence per se cause of action as the Third Cause of Action and pleading specific facts as to the Fourth Cause of Action, and pleading Punitive Damages under the Second Cause of Action, see below) and not to add new causes of action. The Motion to Strike Portions of the First Amended Complaint is GRANTED WITH 10 DAYS LEAVE TO AMEND as to Punitive Damages under the Second Caus...

Excerpt: ...aintiff.”) The Demurrer places into issue the Second Cause of Action (“COA”) for negligence. Discussion Defendant argues that the negligence COA fails to allege sufficient facts and is uncertain Defendant contends the elements of negligence are not supported by fact pleading. Defendant further argues that there are no additional facts specifically alleged against Defendant (ie: the incorporation allegations are insufficient.) The Complaint ...

Excerpt: ... 71; and Prayer Paras. 1, 4, and 8. (3) The Motion to Strike is DENIED as to portions of paras. 5 and 47, and the entirety of para. 32. (4) The Request for Judicial Notice is GRANTED but not as to any facts in dispute or hearsay. (5) The Request for Joinder to the instant motions by Defendant Shahen Minassian is MOOT. Mr. Minassian has been dismissed. (6) The Request for Joinder to the instant motions by Defendant Arthur Minassian is GRANTED. (7)...