Excerpt: ...D. Defendant Efrat Levy and Bert Ziegel are ORDERED to separately file the Proposed Answer attached to the instant motion within 10 days. Introduction Defendants Efrat Levy (Levy) and Bert Ziegel (Ziegel) (collectively, Defendants) moved to set aside the default and/or default judgment and to quash the service of Plaintiff Narine Chobanyan (Plaintiff) summons and complaint. Defendants attached their Proposed Answer as Exhibit A to the Motion. Pro...

Excerpt: ...d for summary judgment (MSJ) and alternatively moved for summary adjudication (MSA) against two separately filed complaints: (1) Lucidio Sanchez Mejia, Veronica Guadalupe Sanchez, Rosalia Gonzaga Hidalgo, Jose Pablo Arellano, Victorino Gonzaga, Jr., Raudel Munoz Quijas, Liliana Victoria Quijas by and through Guardian Ad Litem Raudel Munoz Quijas, Valeria Victoria Quijas by and through Guardian Ad Litem Raudel Munoz Quijas, Yuridia Arellano, Anton...

Excerpt: ...pplied for a right to attach order and writ of attachment against Defendant Fully Torqued Productions, LLC (Defendant) related to the amount of $530,031.00. Discussion Pursuant to Code of Civil Procedure sec. 484.090, Plaintiff must show the probable validity of their breach of contract claim. To show probability of prevailing, Plaintiff submitted its declaration to attest to the parties entry into the Production Agreement dated January 5, 2022 t...

Excerpt: ...y law, court records are presumed to be open. The court may order that a record be filed under seal only if it expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narro...

Excerpt: ...) demurred to Plaintiff Reima McDade's (Plaintiff) Complaint. The demurrer placed into issue the second cause of action (COA) for negligence. Defendant Nancy Larin (Larin) joined in the demurrer. Discussion Defendants argued that the second COA is duplicative of the first COA for medical malpractice. Plaintiff alleged that Defendants, and each of them, breached their duty to “select and periodically evaluate and/or supervise its medical staff a...

Excerpt: ...) demurred to Plaintiffs Amir Edwards (Edwards) and Sarpreet Gill's (Gill) (collectively, Plaintiffs) Complaint. Defendant placed into issue the first cause of action (COA) for breach of contract, the second COA for negligence, the third COA for fraud, and the fourth COA for common count. Plaintiffs' opposition was due August 4, 2023. Plaintiffs did not file an opposition and Defendant filed a notice of non-opposition. Discussion Defendant argued...

Excerpt: ...ount – goods and services rendered, promissory fraud, and common count – open book account. Discussion Defendant argued that all COAs are barred by the applicable statute of limitations (SOL) and assert that the accrual date for all COAs is 2018 – the date Plaintiffs ceased working at Defendant. (FAC par. 6.) As to the SOL argument for services rendered when reviewed as a singular COA related to only the failure to pay for her services, the...

Excerpt: ...it and SUSTAINED WITHOUT LEAVE TO AMEND as to the following causes of action: first (1st) cause of action for breach of written contract, second (2nd) cause of action for breach of fiduciary duty, third (3rd) cause of action for fraudulent inducement to contract, fourth (4th) cause of action for negligence, fifth (5th) cause of action for violation of Business and Professions Code section 17200, et seq., the sixth (6th) cause of action for violat...

Excerpt: ... of the covenant of quiet enjoyment; the Third COA for breach of the warranty of habitability; Fourth COA for violation of Civil Code section 1940.2; the Sixth COA for negligence; the Seventh COA for private nuisance; the Eighth COA for Fair Employment and Housing Act (FEHA) violation; the Eleventh COA for aiding and abetting tort; the Twelfth COA for Unruh Act violation; the Thirteenth COA for fraud; and the Fourteenth COA for intentional inflic...

Excerpt: ...s LLC (Defendant) demurred to Plaintiff Ngoc Fuhr's (Plaintiff) Complaint. Defendant's demurrer placed into issue the first cause of action (COA) for fraudulent concealment and misrepresentation, the second COA for negligent misrepresentation, and the third COA for Violation of the Unfair Competition Law (UCL). Defendant's motion to strike moved against Plaintiff's request for punitive damages. Discussion As to the first COA for Concealment Fraud...

Excerpt: ...aw Firm, APC and Fahim Farivar in the amount of $2,500.00, jointly and severally. Introduction Cross-Complainant Richard Khatibi's (Khatibi) motion sought relief under two separate statutes: Code of Civil Procedure section 1008 (Reconsideration Motion) and section 473(b) – discretionary provision (Set Aside Motion). The instant motion placed into issue the Court's May 3, 2023 order (Order) on Khatibi's March 27, 2023 motion to compel further re...

Excerpt: ...Melkonyan's (collectively, Plaintiffs) Complaint. Plaintiffs' Complaint alleged two causes of action (COA) for general negligence and motor vehicle negligence. Defendant's demurrer placed into issue both COAs. Plaintiffs submitted that the two claims are grounded on common law negligent entrustment and statutory permissive use/imputed liability. (Veh. Code, sec. 17150.) Discussion Defendant argued that there is insufficient fact pleading as to bo...

Excerpt: ...o produce the documents as set forth below by delivering a true, legible, and durable copy of the business records described in Exhibit A below, enclosed in a sealed inner wrapper with the title and number of the action, name of witness, and date of subpoena clearly written on it. The inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to Deanna J. Lucci, Esq., Duane Morris LLP, 750 B. Street, Suite 2900, San ...

Excerpt: ...Paragraph 11, and portions of Paragraph 12 of the Complaint. Discussion The Complaint alleges that Plaintiff's predecessor in interest and Defendant entered into a residential Lease Agreement. (Compl. 6, Ex. A.) Plaintiff alleges that Defendant failed to pay rent for November 2022 through February 2023, and vacated the property without notice. (Compl. 10.) These allegations are sufficient to state a cause of action for Breach of Lease Agreement. ...

Excerpt: ... state facts sufficient to state a cause of action against Defendant. Defendant moves to strike certain paragraphs in the FAC that allege racism and punitive damages, on the grounds that these allegations are unsupported by a factual showing of malice, oppression, fraud, or racism, and the language is irrelevant, false, improper, and includes conclusions not supported by facts. Discussion Defendant demurs to the second cause of action for breach ...

Excerpt: ... state facts sufficient to state a cause of action against Defendant. Defendant moves to strike certain paragraphs in the FAC that allege racism and punitive damages, on the grounds that these allegations are unsupported by a factual showing of malice, oppression, fraud, or racism, and the language is irrelevant, false, improper, and includes conclusions not supported by facts. Discussion Defendant demurs to the second cause of action for breach ...

Excerpt: ... Cross-Complaint against LB Property Management, Inc., Aryeh Hoffman, dba Prime Group Realty, LLC, and NAPCO, LLC for (1) breach of contract; (2) express indemnity; (3) equitable indemnity; (4) contribution; (5) declaratory relief; (6) breach of contract; and (7) declaratory relief. On June 17, 2021, Plaintiff NAPCO, LLC amended the Complaint to add Yehuda Rafael, dba Prime Group Realty ("Rafael"). On June 29, 2021, Cross-Complainants amended the...

Excerpt: ... Cross-Complaint against LB Property Management, Inc., Aryeh Hoffman, dba Prime Group Realty, LLC, and NAPCO, LLC for (1) breach of contract; (2) express indemnity; (3) equitable indemnity; (4) contribution; (5) declaratory relief; (6) breach of contract; and (7) declaratory relief. On June 17, 2021, Plaintiff NAPCO, LLC amended the Complaint to add Yehuda Rafael, dba Prime Group Realty ("Rafael"). On June 29, 2021, Cross-Complainants amended the...

Excerpt: ...action for quantum meruit and SUSTAINED WITHOUT LEAVE TO AMEND as to the following causes of action: first (1st) cause of action for breach of written contract, second (2nd) cause of action for breach of fiduciary duty, third (3rd) cause of action for fraudulent inducement to contract, fourth (4th) cause of action for negligence, fifth (5th) cause of action for violation of Business and Professions Code section 17200, et seq., the sixth (6th) cau...

Excerpt: ...action for quantum meruit and SUSTAINED WITHOUT LEAVE TO AMEND as to the following causes of action: first (1st) cause of action for breach of written contract, second (2nd) cause of action for breach of fiduciary duty, third (3rd) cause of action for fraudulent inducement to contract, fourth (4th) cause of action for negligence, fifth (5th) cause of action for violation of Business and Professions Code section 17200, et seq., the sixth (6th) cau...

Excerpt: ...ynoso are ORDERED to file an Answer to the First Amended Complaint within 20 days. Introduction Defendants Don Chava Foods, Inc. (Don Chava,) Daniel Reynoso (Daniel ,) Christian Reynoso (Christian,) and Humberto Reynoso (Humberto) (collectively, Defendants) moved to strike portions of Plaintiff Christine Rocha (Plaintiff) First Amended Complaint (FAC.) The motion placed into issue Plaintiff's second cause of action (COA) for conspiracy to defraud...

Excerpt: ...request, and that the account Defendant opened has an outstanding amount which is due. On August 23, 2023, Defendant filed a motion to compel arbitration, which was granted in part on October 19, 2022. The Court granted Defendant's motion according to the terms of the arbitration agreement and denied the concurrent Request to Dismiss. On May 15, 2023, Defendant filed this instant motion to compel payment of arbitration fees. To date, no oppositio...

Excerpt: ...ust Account of BOUCHER LLP 21600 Oxnard Street, Suite 600 Woodland Hills, California 91367-4903 by 8/11/2023. 2. The Plaintiff's Motion to Deem Requests for Admission Set Two Admitted is GRANTED. Monetary Sanctions are GRANTED against Defendant in the amount of $1692.50. Monetary sanctions shall be paid by Los Angeles Unified School District to the Client Trust Account of PEARSON WARSHAW, LLP 15165 Ventura Boulevard, Suite 400 Sherman Oaks, Calif...

Excerpt: ...mmissions, income, salary and all rights to payment thereunder earned from Raymond Ghermezian, Esq. and his firm, Raymond Ghermezian, APC (collectively, Ghermezian), to the Assignees to the extent necessary to pay the Assignees' judgment in full, including accrued interest through the date of payment, and (2) for an order restraining Khoei and any other person acting on behalf of Khoei from encumbering, assigning, disposing of, or spending the co...

Excerpt: ...per se as alleged in the Complaint filed by Plaintiffs Leila Javadpour and Taraneh Bolourchian (collectively, "Plaintiffs"). Discussion Defendants asserts that there is no triable issue of material fact concerning Plaintiffs' claim for libel because the statements made by each defendant were true as evidenced by the judicial determination made in Audrey Parker v. Leila Javadpour Orange County Superior Court case No. 30-2022-01283172 ("Elder Abuse...