Excerpt: ...ay give notice of ruling. Any notices of ruling in violation of this order will be stricken by the court without further notice. PROTECTIVE ORDER: To the extent that any discovery responses mention the need for a protective order, it is the responsibility of the party claiming the need for the protective order to promptly request it. No parties may object on the grounds of the need for a protective order and then take no action. Such failure to t...

Excerpt: ... Solutions, LLC is CONTINUED for supplemental briefing and evidence. Arguments in the supplemental briefs as to the amount of the undertaking are limited to 10 pages including declarations. The briefing schedule is as follows: Continued hearing is scheduled for ________, 2023 at 8:30 a.m., papers in support of an undertaking to be filed and served by defendants by _________, opposition to be filed and served by plaintiff by ___________, and reply...

Excerpt: ...se mental examination (which includes testing) of plaintiff Jane DOE by Adrienne Meier, Ph.D. to go forward at 130 S. Euclid Avenue, Pasadena, CA 91101, on ___________, at 10:00 AM. For purpose of this order, "defense mental examination" means defense mental examination, interview, and testing. 1. Dr. Meier may conduct the defense mental examination of Plaintiff, which total examination (from start to finish and including any written testing) may...

Excerpt: ...eet and confer requirement does not apply to unlawful detainer actions, which this action is. (Code Civ. Proc., sec. 430.41(d).) Plaintiff's meet and confer argument is unmerited. Plaintiff argued that the body of the Notice to the demurrer failed to identify a date of the hearing. (Cal. Rules of Court, rule 3.1320(c).) Although Defendant's Notice to the demurrer is in violation of the Court Rules, the violation is not prejudicial to Plaintiff si...

Excerpt: ...o issue the first cause of action (COA) for breach of contract; the second COA for breach of implied warranty of merchantability; the third COA for breach of express warranty; the fourth COA for negligence; the seventh COA for recovery on bond; and the eighth COA for declaratory relief. Discussion Defendant, as the surety of a bond issued to Co-Defendant Milgard Manufacturing, LLC (Milgard), argued that it is discharged from liability because Pla...

Excerpt: ...WITHOUT LEAVE TO AMEND. Defendant State Farm General Insurance Company's Motion to Strike is DENIED. Defendant State Farm General Insurance Company is ORDERED to file an Answer to the Complaint within 20 days. Introduction Defendant State Farm General Insurance Company (Defendant) demurred to Plaintiffs Farideh and Behzad Lalehzari's (Plaintiffs) Complaint. Defendant's demurrer placed into issue the second cause of action (COA) for breach of the ...

Excerpt: ...ant's demurrer placed into issue the first cause of action (COA) for breach of contract, second COA for specific performance, third COA for unfair business practice (UCL), and the fourth COA for unjust enrichment. The fifth COA for intentional interference of prospective economic advantage is not placed into issue because it is noted that the COA is not alleged against Defendant. Discussion As to the first and second COAs based upon an alleged co...

Excerpt: ...equest to dismiss or stay the non-individual PAGA claims is DENIED. Defendants Apartment Management Consultants, LLC and Sandra McMurray's Request for Judicial Notice is GRANTED but not as to any hearsay or facts in dispute. Plaintiff Turquoise Martin's Request for Judicial Notice is GRANTED but only as to the existence of Exhibits A-D and not as to any hearsay or facts in dispute; and GRANTED as to Exhibit E. Introduction Defendants Apartment Ma...

Excerpt: ...Automobile Insurance Company (Defendant) moved for summary judgment (MSJ) or alternatively for summary adjudication (MSA) against Plaintiff Justin Bass' (Plaintiff) Complaint. The MSJ/MSA placed into issue Plaintiff's first cause of action (COA) for breach of contract, second COA for breach of the implied covenant of good faith and fair dealing, and third COA for bad faith. Procedure Plaintiff submitted evidentiary objections with his opposition....

Excerpt: ...on with Plaintiffs Abir Cohen Treyzon Sal LLP (ACTS) and Neil Itzik Adrabi (Adrabi) (collectively, Plaintiffs) and to stay the action. Alternatively, Defendants requested Adrabi be compelled to arbitration and an order to staying all non-compelled claims. Defendants' reply was due October 26, 2023 but none was filed. Discussion As to ACTS, the Attorney-Client Contingent Fee Contract (Contract), which included an Arbitration Agreement, does not sh...

Excerpt: ...mplaint. Defendants' demurrer placed into issue the first cause of action (COA) for declaratory judgment and the second COA for modification of judgment to add judgment creditors. Discussion Defendants argued that the first COA for declaratory relief is pled with insufficient factual allegations and is uncertain because the requested declaratory relief is retrospective; and improperly seeks a determination of rights among the Defendants, as exemp...

Excerpt: ... prepare a definition which is more specific for BATTERY DEFECTS. All preliminary statements and general objections are stricken as improper. Whenever the request has directions in parentheses, such as in 36."[This request requires the responding party to provide the underlying investigation, report, and/or analysis that resulted in the issuance of any such notice, letter, campaign, warranty extension, technical service bulletin, and recall, conc...

Excerpt: ... alternatively Item 16 “Other Costs” of the Memo. Discussion Defendant argued that the entire Memo should be stricken because the parties' Settlement Agreement included a provision requiring Plaintiff to seek attorneys' fees, costs, and expenses “in a single motion.” (Sasha Bassi Decl., par. 3-4, Exh. A: Settlement Agreement, par. 2(b).) Defendant asserted that Plaintiff had their chance to seek costs in the prior Motion for Attorneys' Fe...

Excerpt: ...ole Diep, and Nathan Diep's (collectively, Plaintiffs) First Amended Complaint (FAC). The demurrer placed into issue the one and only cause of action (COA) for negligence – motor vehicle. Discussion Defendants argued or denied liability in this automobile accident action based upon the “sudden medical emergency” doctrine, as recognized in Federal Courts. (Cohen v. Petty (D.C. Cir. 1933) 65 F.2d 820; Bashi v. Wodarz (1996) 45 Cal.App.4th 131...

Excerpt: ...ndant General Motors LLC (Defendant) demurred to Plaintiff Amir Balouch's (Plaintiff) First Amended Complaint (FAC). Defendant demurred to Plaintiff's fifth cause of action (COA) for fraudulent inducement-concealment. Defendant moved to strike Plaintiff's request for punitive damages. Discussion Defendant argued that there are insufficient facts alleging Defendant's knowledge of the defects in Plaintiff's vehicle at the time of purchase and Defen...

Excerpt: ... (g) Disobeying a court order to provide discovery." CCP section 2023.010(d) provides: "The court may impose a terminating sanction by one of the following orders: (1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process." The 8/25/2023 order stated: The court has reviewed the ex parte application and the opposition. The court may order a party who has responded that it will pr...

Excerpt: ...rden to allege that an arbitration agreement exists. The burden then shifts to Defendant to dispute the arbitration agreement. (Condee v. Longwood Mgt. Corp. (2001) 88 Cal.App.4th 215, 219.) Plaintiff submitted a copy of the Subcontract entered with Defendant which included an arbitration provision. (John Ralls (Ralls) Decl. par. 4, Exh. A: par. 12.8.) Plaintiff met its initial burden to show the existence of an arbitration agreement entered with...

Excerpt: ...AVE TO AMEND as to the third cause of action. Plaintiff Anna Gloria Rodriguez Banuelos' leave to amend is limited to curing the pleading defects identified and not to add new causes of action. This tentative decision as to Mr. Ngo is conditional on his payment of his first appearance fees by close of business on 10/27/2023. Defendant Robert Ngo and Pacific Coast Equities, Inc.'s Request for Judicial Notice is GRANTED but not as to hearsay and fac...

Excerpt: ...ainst Plaintiff/Cross-Defendant K.G. Mullen, Inc. (Plaintiff.) Discussion Defendant requested to file the Proposed Cross-Complaint on the grounds that the owner of the house notified of leaks occurring in the house in February or March 2023. Defendant was not aware of the leaks until after Defendant's answer was filed in August 2022. Upon investigation into the owner's complaints, Defendant discovered that the leaks were caused by defects in the ...

Excerpt: ...name calling -- is a sanctionable offense. You are all ordered to stop now. This includes calling the other side a liar. It is offensive to the court. Tentative rulings: To the extent that any responses mention the need for a protective order, it is the responsibility of the party claiming the need for the protective order to promptly request it. No parties may object on the grounds of the need for a protective order and then take no action. Such...

Excerpt: ...TATIVE] ORDER: Defendant Green Check Verified, Inc.'s Motion for Sanctions is DENIED. Defendant Green Check Verified, Inc.'s Request for Judicial Notice of Exhibits N, O. and P is GRANTED. Plaintiff Morgan Calton's Request for Judicial Notice is GRANTED as to Exhibit 12 but only as to the existence of the pleading and not as to any hearsay or facts in dispute; GRANTED as to Exhibits 13-17. Plaintiff Morgan Calton's Request for Sanctions is DENIED...

Excerpt: ...ion Cross-Defendants Tarzana Property LLC (Tarzana) and Sheri Reinsdorf (Reinsdorf) (collectively, Cross- Defendants) specially moved to strike Cross-Complainant (XC) Vince Work's (Cross-Complainant or Work) Cross-Complaint. (Anti-SLAPP Motion, Code Civ. Proc. sec. 425.16.) The Anti-SLAPP Motion placed into issue the first cause of action (COA) for wrongful eviction, the second COA for retaliation, and the third COA for fraud. The Anti-SLAPP moti...

Excerpt: ...ion, after five days' notice, or on motion of a party against whom a verdict has been rendered, shall render judgment in favor of the aggrieved party notwithstanding the verdict whenever a motion for a directed verdict for the aggrieved party should have been granted had a previous motion been made. (b) A motion for judgment notwithstanding the verdict shall be made within the period specified by Section 659 for the filing and service of a notice...

Excerpt: ...es of Weber & Weber, 221 E. Glenoaks Blvd., Suite 107, Glendale CA 91207 by 11/18/2023. Court's note: There were many discovery requests which were poorly framed and sought information over a vast period of time or for vast amounts of information, not reasonably related to this court. It is not the court's responsibility to reframe the questions so that they make sense, or properly limit the scope to the actual issues in this case. Those are prim...

Excerpt: ...iff Jane Does S.H. (Plaintiff) moved to compel Defendant Doe 1's (Defendant), a public school district form unknown, Person Most Qualified (PMQ) to appear at the deposition, testify to, and produce documents and moved for monetary sanctions of $3,828.85 against Defendant. Discussion On June 30, 2023, Plaintiff served via email the Notice of Deposition scheduling the deposition for July 12, 2023. (Amended Declaration of Shehnaz Bhujwala (Bhujwala ...