Excerpt: ... Aleksandar Sasha Poparic (“Poparic”); Immobilium, Inc. (“Immobilium”); Cali Miners, Inc. (“Cali”); and Helvetia Holdings Group, LLC (“Helvet ia”) (together, “Defendants.”) The proofs of service indicate Poparic was personally served with the summons and complaint on January 8, 2024; Immobilium was personally served on January 17 and Helvetia was personally served on January 19, via Poparic, their agent for service of process ...

Excerpt: ...efendants' alleged Ponzi scheme to defraud Plaintiffs. Plaintiffs move for leave to amend the complaint to add a cause of action for quasi contract seeking restitution on behalf of all Plaintiffs and against Defendants Ron Appel, Kristine Taylor Appel, Kristine Taylor Philanthropies, and Seagate Holdings, Inc. At the June 4, 2024 hearing, the Court continued the hearing, at Plaintiffs' request, so Plaintiffs could file supplemental briefing. The ...

Excerpt: ...r Family Living Trust; Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Well s OPPOSING PART Y Plaintiff Yasmin Orti z BACKGROUN D Unlawful Detainer Actio n On May 11, 2015, the Eisler Defendants to this actio n [1] filed an unlawful detainer complaint against Plaintiff Yazmin Ortiz (“Plaintiff”), case number 15R02431. Plaintiff proceeded in pro per in that matter. On December 4, 2015, the court entered judg...

Excerpt: ... Group MOTIONS This case arises from a dispute over medical billing services Defendants allegedly provided to Plaintiffs. On February 29, 2024, Plaintiffs Innovative Medical Solutions, Inc. (“Innovative”); Emerald Greens Hospice, Inc. d/b/a Butterfly Hospice; Century City Endoscopy, LLC; and Vital Solutions Medical Group (collectively, “Plaintiffs”) filed suit against Defenda nts Nexus Healthcare Solutions, Inc. (“Nexus”); ALN Medical...

Excerpt: ..., 2017 through October 10, 2022, Plaintiff RMO LLP (“Plaintiff”) provided legal representation to Mark Jarmus as Successor Trustee of the Leslie Jarmus Family Trust in litigation involving Mark Jarmus's administration of the trust, which is still currently pending as Los Angeles Superior Court Case No. BP173009 (“Leslie Jarmus Trust Matter”). (Compl. ¶¶ 1, 10.) That case also involves claims against Mark Jarmus in his individual capacit...

Excerpt: ...ion; 2. Negligent Misrepresentation 3. Business & Professions Code 517200 4. Song-Beverly Consumer Warranty Act - Breach of Express Warranty; 5. Song-Beverly Consumer Warranty Act - Breach of Implied Warranty; 6. Song-Beverly Consumer Warranty Act - Civil Code 51793.21b). Plaintiff moves the Court for orders compelling Defendant serve further responses to the followmg discovery requests: Special Interrogatories ("SROG"), Set 1, Propounded to Defe...

Excerpt: ... Intentional Misrepresentation; Negligent Misrepresentation of Material Facts; Common Count for Account Stated; and Common Count for Open Book Account. Plaintiff moves the Court for orders compelling Benjamin Mikhaelfard (“Defendant”) to serve further responses to the following discovery requests: 1. Form Interrogatories (“FROG”), Set 1, Propounded to Defendant · Propounded: May 11, 2023 · Initial Responses: November 16, 2023 · Further...

Excerpt: ...al services to Respondent in the matter, “Marriage of Schrier.” (Verified Petition at ¶ 1; Ex. A.) The petition is unopposed. MOTION TO COMPEL ARBITRATION – LEGAL STANDARDS “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quickly and...

Excerpt: ...alth & Life Insurance Company and Cigna Healthcare of California (collectively, “Defendants” or “Cigna”) alleged failure to pay “non - contracted” or “out-of-network” for psychological and/or psychiatric care, treatment, and services provided to patients insured by Defendants. Plaintiffs Marks House LLC/Hillcrest Teen Treatment Center; Bailard House LLC/Beachside/Malibu Teen Center; and The Meadowglade (collectively, “Plaintiffs...

Excerpt: ...s. On October 15, 2023, Plaintiffs Stephen R. Hofer (“Hofer”); Stephen R. Hofer Law Corporation d/b/a Aerlex Law Group (“ALG”); Aerlex Tax Services, LLC (“ATS LLC”); and Aerlex Tax Services, LLP (“ATS LLP”) (together, “Plaintiffs”) brought suit against Defend ants Vicky Boladian (“Boladian”) and Boladian Aviation Law Group, APC (“BALG”) (together, “Defendants”) alleging thirteen causes of action: (1) breach of cont...

Excerpt: ...the franchise. Plaintiff alleges the defendants produced and released a fourth installment of the film franchise without their knowledge or involvement. Plaintiff also alleges the defendants are currently producing a fifth installment of the film franchise without their knowledge or involvement. On March 16, 2021, Plaintiff filed its original Complaint, which included defendant Screen Media. Plaintiff filed its First Amended Complaint (FAC) on Ju...

Excerpt: ...fer Flynn Adams and Christoper Adams (together, “Plaintiffs”) leased, with the intent to purchase. Plaintiffs demur to the Cross- Complaint filed by Defendant and Cross -Complainant E&TB Investments LLC (“Defendant”) on the grounds that it fails to state facts sufficient to constitute a cause of action, is uncertain, and lacks an attorney signature, pursuant to Code of Civil Procedure section 430.10, subdivisions (b), (e), (f), and (g). P...

Excerpt: ...iginal complaint on August 10, 2022, against Defendants Michael Keyes dba Global Ocean and Land Construction (“Keyes”) and Hudson Insurance Company, alleging twelve causes of action for (1) breach of written contract; (2) unjust enric hment; (3) intentional misrepresentation; (4) negligent misrepresentation; (5) unfair business practices; (6) negligence; (7) declaratory relief; (8) disgorgement of money paid to unlicensed contractor; (9) reco...

Excerpt: ...efendants Laterra Development, LLC (“Laterra”); Amer a Enterprises, LLC (“Amera”); and Oscar Enrique Castillo (“Castillo”). Plaintiff alleges he was injured on a construction site when he fell through a 25-foot manhole that was covered only by a sheet of plywood. (SAC ¶ 11- 13.) Moving Defendants 12575 Venice Investments, LP and LT Building Corp. (“Moving Defendants”) were added via amendments as Does 1 and 2, respectively, on Ma...

Excerpt: ... (“TAC”) alleges eight causes of action for (1) specific performance; (2) breach of contract; (3) bad faith waste; (4) fraud – intentional misrepresentation; (5) negligent misrepresentation; (6) tortious interference with contract, prospective business advantage; (7) breach of implied covenant of good faith & fair dealing; and (8) declaratory relief against Defendants DH Distribution, Inc. (“DH”); Sergey Menshikov (“Sergey”), Beverl...

Excerpt: ... the Gold's Gym in Venice, California. On August 10, 2023, Plaintiff filed the original complaint in this action. Four days later, on August 14, 2023, Plaintiff voluntarily filed the first amended complaint, alleging three causes of action for (1) breach of Business & Professions Code section 17200; (2) breach of the Unruh Act; and (3) bad faith denial of the existence of a contract against Defendant and against Gold's Gym Club Holding, LLC. At P...

Excerpt: ...Statement of Undisputed Material Facts OPPOSITION PAPERS: [1] 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Michael Schwimer 3. Request for Judicial Notice 4. Responsive Separate Statement 5. Objections to the Declaration of Steve White and Exhibits Attached Thereto 6. Evidence in Support of Opposition REPLY PAPERS: 1. Reply Brief in Support of Motion for Summary Judgment 2. Objections to Evi...

Excerpt: ...g Company, Inc. (“Sisu”) for (1) breach of fiduciary duty (2) financial elder abuse, (3) undue influence, (4) breach o f oral contract, and (5) negligence. Overturf was allegedly Plaintiff's financial planner, money manager, option trader, crypto currency trader, and a stock, equity, commodity, and securities investor. (Complaint ¶ 2.) Plaintiff claims Overturf mismanaged her money, causing her to lose approx imately $252,000. (Id. at ¶¶ 5...

Excerpt: ... Keyway Pride Limited LLC (“Plaintiff” or “Keyway”) filed a verified complaint to cancel deed and quiet title against Defendant 25 Beverly Park Circle Propco LLC (“Propco”). On November 17, 2023, with leave of the Court, Plaintiff filed the Verified First Amended Complaint (“FAC”) adding Defendants Koronus Holdings Designated Activity Company (“Koronus”); Simon Reuben (“Simon”); David Reuben (“David”) (together, “the...

Excerpt: ...action for (1) wrongful eviction; (2) vacate void judgment; (3) brea ch of covenant of quiet enjoyment of the premises; and (4) negligence. Defendants now demur to the first three causes of action [1] on the grounds that they fail to state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10, subdivision (e). Defendants also move to strike all claims for damages, including punitive damages, from the compla...

Excerpt: ...) negligence; (2) violation of Civil Code section 43.93; (3) sexual harassment; (4) infliction of emotional distress; (5) sexual battery; and (6) fraud. Plaintiff alleges Defendants used Plaintiff's psychotherapy sessions to psychologically groom and ultimately initiate a sexual relationship with Plaintiff. Defendants now demur to all six causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action unde...

Excerpt: ... instant action pending the resolution of an earlier PAGA representative lawsuit filed in San Diego Superior Court, Dvorak v. Rockwell Collins, Inc., No. 37 -2019 - 00064397- CU-OE -CTL, (hereafter Dvorak ) under the rule of exclusive concurrent jurisdiction. Plaintiff opposes the motion and Defendant replies. REQUESTS FOR JUDICIAL NOTICE Defendant requests judicial notice of the following: 1. Exhibit A : the complaint in Dvorak v. Rockwell Colli...

Excerpt: ...against Defendants Ron Appel, Kristine Taylor Appel, Kristine Taylor Philanthropies, and Seagate Holdings, Inc. Lee's motion is unopposed. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by corr...

Excerpt: ...o add allegations of further damage caused by February 2024 mudslides and related t o Defendant Stella Nova LLC's encumbrances on the 1400 Linda Flora Road property. Plaintiff's motion is unopposed. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding...

Excerpt: ...tember 3, 1997 as amended and restated (“Plaintiff” or “Baker”) owns two residential real properties that Defendant and Cross -Complainant Austin Sherman (“Sherman”) occupies. (First Amended Complaint ¶¶ 7-9.) Baker brought suit for public and private nuisance, waste, and breach of contract, alleging Defendant is improperly running a commercial cannabis business from the two residential properties. (See First Amended Complaint.) She...

Excerpt: ...approximate 1,000 square foot strip of land along the border of the adjacent properties of Plaintiffs and Cross -Defendants Thomas Walter Trimborn and Paula Jane Trimborn, co -trustees of the Trimborn Community Property Trust U/D/T July 12, 2001 (“Plaintiffs” or “Trimborn”) and Defendant and Cross -Complainant The Stephen S. Wise Temple (“Defendant” or “Temple”). Plaintiffs' property is a single family dwelling, and Defendant's pr...

Excerpt: ...apital Fund 4, LLC; and Palisades Capital Fund 8, LLC. MOVING PAPERS: 1. Notice of Motion and Motion for Summary Judgment/Summary Adjudication; Memorandum of Points and Authorities; Declaration of Brittany Perrineau; Declaration of Jay R. Stein 2. Separate Statement of Undisputed Material Facts OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Adjudication 2. Evidentiary Objections 3. Declaration of Le...

Excerpt: ...rate Statement of Undisputed Material Facts OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Judgment/Summary Adjudication 2. Objections to Evidence 3. Separate Statement in Opposition to Motion for Summary Judgment/Summary Adjudication 4. Declaration of Plaintiff Anthony Aldave 5. Declaration of Steve Norris 6. Declaration of Jeffrey A. Haile 7. Declaration of Plaintiff Teresa Aldave 8. Compendium of...

Excerpt: ... Undisputed Material Facts OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment/Summary Adjudication 2. Objections to Evidence 3. Separate Statement of Undisputed and Disputed Material Facts 4. Separately Bound Exhibits 5. Declaration of Plaintiff H. Jewel Engstrom 6. Declaration of Steve Norris 7. Declaration of Keith J. Turner REPLY PAPERS: 1. Reply to Plaintiff's Opposition to Motion for Summary Judgment/Summary Adjudication 2. Obje...

Excerpt: ...of Undisputed Facts OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment 2. Response to Separate Statement of Undisputed Facts 3. Objection to Declaration of Raymond Shofler, M.D. REPLY PAPERS: 1. Reply to Plaintiff's Opposition to Motion for Summary Judgment BACKGROUND On or about July 21, 2021, Plaintiff Lamar Hawkins (“Plaintiff”) was admitted to Defendant Providence St. John's Health Center (“Providence”) to undergo a lapar...

Excerpt: ...egner; Douglas Sanchez; Dee Brothers; and Jed Wiltchik ; alleging elder financial abuse in connection with the sale of her residential home in January 2020. Stewart Title brought a cross -complaint for declaratory relief regarding implied indemnity/contribution against Cross -Defendants Jafiel D. Drinkwater, also known as Jafiel Drinkwater; Andre Nevin Wegner also known as (aka) Andre Wegner, aka Andre Falcon, aka Andre Nevil, aka Austin Taylor W...

Excerpt: ... Defendants Amanda Staveley (“Staveley”) and Cantervale Limited (“Can tervale”) (collectively, “Moving Defendants”). Staveley is a citizen of England who resides in London and Dubai. (Declaration of Amanda Staveley filed March 20, 2024, at ¶ 2.) Staveley is the founder, sole shareholder, and director of Cantervale, an English company. (Id. at ¶ 3.) Plaintiff filed proofs of personal service on Cantervale and Staveley on March 1, 202...

Excerpt: ... Trust, U/T/I dated September 27, 2012 (“Cross -Defendants”) filed suit against Defendants and Cross - Complainants Scott Miller and Melissa Miller (“Cross -Complainants”) for View Restoration. On April 14, 2016, Cross-Defendant Melissa Miller filed a Notice of Petition for Relief under Chapter 11 of the United States Bankruptcy Code, 11 U.S.C. § 101 and Imposition of Automatic Stay, indicating that she had filed a bankruptcy petition on...

Excerpt: ...tory relief; and (3) trespass against Defendants Steven A. Kauffman; Janice Kauffman; Wells Fargo Bank, N.A. as Successor Trustee of the Hele n C. Zeff Living Trust, dated September 17, 2007; Lonnie Vidaurri; and Lara Vidaurri, to assert their rights to an easement they allegedly retained on a parcel of undeveloped land (the “Zeff Property”) in connection with their prior sale of the land. Per stipulation and order entered July 18, 2022, Plai...

Excerpt: ..., and Kadjaly Conteh (“Defendants”). Defendants demur to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action pursuant to Code of Civil Procedure section 430.10. Plaintiff opposes the demurrer. ANALYSIS I. DEMURRER - STANDARDS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” ( Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In t...

Excerpt: ...nd Saad Fathi (“Defendants”). Moving Defendant 921 -929 Broxton Ave, LLC (“Broxton”) demurs to the Complaint on the grounds that it fails to state facts sufficient to constitute a cause of action under Code of Civil Procedure section 430.10, subdivision (e). City opposes the demurrer and Broxton replies. REQUEST FOR JUDICIAL NOTICE Broxton requests judicial notice of the invoice sent to Defendants Habibi Café, Jan Fathi, Saad Fathi, and ...

Excerpt: ...¶¶ 20, 26.) A subsequent MRI revealed that Plaintiff suffered a stroke, causing central visual impairment, dysphagia, and cognitive and behavioral issues. (5AC ¶ 32.) On October 12, 2021, Plaintiff brought suit against the surgeon, Defendant Dale Prokupek, M.D. and Defendant Dale Prokupek, M.D., Inc. (“Prokupek”); anesthesiologist Defendant Michelle Dinh, M.D. (“Dinh”); and Defendant Soma Surgery Center, Inc. (“Soma”), where the en...

Excerpt: ... Civil Code section 1793.2, subd. (d); (2) violation of Civil Code section 17 93.2, subd. (b); (3) violation of Civil Code section 1793.2, subd. (a)(3); (4) breach of the implied warranty of merchantability; and (5) fraudulent inducement – concealment, stemming from Plaintiff's purchase of a 2021 Chevrolet Silverado. Defendant demurs to the fifth cause of action for fraudulent inducement – concealment on the grounds that it fails to state fac...

Excerpt: ...plied for an order to serve the summons and complaint by posting, indicating that service had been attempted at the subject property on July 14, 15, and 19, to no avail. The Court granted Plaintiff's order to serve via posting on July 27. On October 27, 2023, within four minutes of each other, two separate form UD -105 Answers were filed on behalf of Kahn and on behalf of Ferguson, each in pro per. On August 7, 2023, a joint motion to quash servi...

Excerpt: ...es 2. Declaration of Simon Yoon 3. Declaration of Glenn Rothner 4. Declaration of James P. Hart, Jr. 5. Declaration of Young Ok Bae 6. Appendix of Exhibits 7. Separate Statement of Undisputed Material Facts OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment/Summary Adjudication; Memorandum of Points and Authorities 2. Declaration of Manuel D. Balam 3. Documentary Evidence in Support of Plaintiff's Opposition 4. Separate Statement of ...

Excerpt: ...Material Facts OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Adjudication 2. Separate Statement of Undisputed Material Facts 3. Declaration of Lauren Kutasi REPLY PAPERS: 1. Reply in Support of Motion for Summary Adjudication 2. Evidentiary Objections BACKGROUND Plaintiff Lauren Kutasi (“Plaintiff”) filed a First Amended Complaint (“FAC”) alleging causes of action for (1) Tortuous [sic] Bre...

Excerpt: ...aintiff) business entity previously filed suit agamst Defendant City National Bank, N.A„ alleging (1) race and color discrimination; (2) retaliation; (3) failure to prevent discrimination and retaliation; (4) unfair business practices; (5) intentional infliction of emotional distress; and (6) fraud and deceit for allegedly discrimmating against it three times in five years for exercising its "freedom of speech" by "making a complaint about bein...

Excerpt: ... Servicing (“Defendant”): (1) Violation of Civil Code § 2923.7; (2) Violation of Civil Code § 2924.9; (3) Violation of 12 C.F.R. 1024.38; and (4) Unfair Business Practices. Defendant demurs to all four causes of action for failure to state a cause of action pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant also moves to strike allegations regarding punitive damages, emotional distress, attorneys' fees, as well a...

Excerpt: ...f implied covenant of good faith and fair dealing; (3) negligence; (4) fraud; (5) negligent misrepresentation; and (6) unfair business practices. On January 30, 2024, the Court sustained Defendant California Fair Plan Association's (“Defendant”) demurrer to the third cause of action for negligence without leave to amend on the grounds that insurers, like Defendant, generally owe no duty of care to their insureds as a matter of law, and sustai...

Excerpt: ...reach of Contract; 2) Breach of Implied Covenant of Good Faith and Fair Dealing; 3) Intentional Misrepresentation; 4) Negligent Misrepresentation; 5) Professional Negligence; 6) Violation of Business and Professions Code S 17200. Defendant Michael Navi ("Navi") moves the Court for orders compelling Plaintiff to serve further responses to the following discovery requests: Special Interrogatories ("SROG"), Set 1, Propounded to Plaintiff Propounded:...

Excerpt: ... Gold's Gym in Venice, California. On August 10, 2023, Plaintiff filed the original complaint in this action. Four days later, on August 14, 2023, Plaintiff voluntarily filed the first amended complaint, alleging three causes of action for (1) breach of Business & Professions Code section 17200; (2) breach of the Unruh Act; and (3) bad faith denial of the existence of a contract against Defendant and against Gold's Gym Club Holding, LLC. On Octob...

Excerpt: ... Documentary Evidence 4. Compendium of Evidence 5. Declaration of Kathleen A. Stosuy OPPOSITION PAPERS: 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Adjudication 2. Separate Statement of Disputed Material Facts 3. Declaration of Waukeen McCoy 4. Declaration of Vinay Ginjupalli 5. Declaration of Philip Bickler, M.D. 6. Declaration of Daniel Brelian M.D. 7. Declaration of Elena Rubin, M.D. 8. Declaration of Andrew Pha...

Excerpt: ...ed a stipulation for entry of judgment, indicating that the parties had settled, which is why Plaintiff dismissed the action, but Defendant had stopped making payments pur suant to the settlement. On February 15, 2024, the Court issued a Minute Order, declining to act on the stipulation on the basis that the voluntary dismissal of the entire action deprived the Court of the authority to do so. Plaintiff now moves to set aside the dismissal withou...

Excerpt: ..., individually and as Trustee for the Eisler Family Living Trust; Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Wells. MOTIONS Plaintiff Yazmin Ortiz (“Plaintiff”) demurs to and moves to strike the first amended answer (“FAA”) filed by Defendants Rudy Eisler, individually and as trustee for the Eisler Family Living Trust; Steven Eisler individually and as Trustee for the Eisler Family 2000 Living Trus...

Excerpt: ...Group, Inc.; Sierra Medical Group, Inc.; and Coastal Communities Medical Group, Inc. OPPOSING PARTY Plaintiff CEP America -California MOTION Defendants Heritage Provider Network, Inc; Regal Medical Group, Inc; Lakeside Medical Organization, a Medical Group, Inc.; Oasis Independent Medical Associates, Inc.; Desert Medical Group, Inc.; High Desert Medical Corporation, a Medical Group; Affiliated Doctors of Orange County Medical Group, Inc.; Sierra ...

Excerpt: .... a. Damages Plaintiff's Complaint alleges fifteen causes of action for (1) Failure to Provide Meal Periods; (2) Failure to Provide Rest Breaks; (3) Failure to Pay Overtime Wages; (4) Failure to Furnish Accurate Itemized Wage Statements; (5) Failure to Pay All Wages Owed; (6) Failure to Pay Waiting Time Penalties; (7) Failure to Provide Complete Access to Employee Personnel File and Payroll Records in Violation of Labor Code §§ 226, 432, and 11...

Excerpt: ... LLC (“Defendant,” “CCM,” or “Consequent”) in “the sum o f $448,000.00, with prejudgment interest, costs and attorneys' fees in amounts to be determined through post- trial proceedings.” (January 30, 2024 Judgment.) Plaintiff now moves to recover $89,800 in attorneys' fees pursuant to Code of Civil Procedure section 2033.420 based on Defendant's failure to admit that it owed Plaintiff $448,000 in response to Plaintiff's requests f...

Excerpt: ...motion is unopposed. LEGAL STANDARDS “A defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion for one or more of the following purposes: (1) To quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10, subd. (a)(1).) “In the absence of a voluntary submission to ...

Excerpt: ...er, “Defendants”) alleging six cause s of action for (1) breach of written agreement; (2) breach of personal guaranty; (3) money lent; (4) indebtedness; (5) conversion; and (6) claim and delivery stemming from Plaintiff's loan to Defendants for the purchase of various business equipment, which Defendants allegedly failed to repay. Plaintiff now applies for a writ of possession against each Defendant. Plaintiff's applications are unopposed. LE...

Excerpt: ...ic Center, Inc. (“Plaintiff” or “AOC”) brought claims against Defendants California Physicians' Service dba Blue Shield of California and Blue Shield of California Life & Health Insurance Company (“Defendants” or “Blue Shield”) f or quantum meruit and breach of implied contract, and Blue Shield's cross -claims against AOC for declaratory relief, relating to 31 patient claims. Following a bench trial, the Court issued a statement o...

Excerpt: ...s loan default. Defendant previously filed two unlawful detainer actions against Plaintiffs Kasra Vahmi and Bersadeh Bagheri (“Plaintiffs”), who are currently in possession of the property. The first action, 19SMUD00192, was dismissed. This unlawful detainer action then gave rise to a malicious prosecution action filed by Plaintiffs, 20SMCV00691, which is still ongoing. Defendant subsequently filed a second unlawful detainer action, 19SMUD022...

Excerpt: ...uction secured a “job” at 4711 Berryman Ave in Culver City, California. The owner of the property at that time was 4711 Berryman LLC (“Berryman”). On September 16 2020, Plaintiff and other workers were instructed to fix some tile, pipes and grout. The work was situated on the exterior of the project about 10 feet above ground level. There was no scaffolding or ladders present. Rodriguez directed the workers to place several garbage bins i...

Excerpt: ...rovides that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6.) In ruling on a motion to enter judgment, the court acts as a trier of fact. The court must determine whether the parties entered i...

Excerpt: ...ith Sender and requests monetary sanctions. The Motion is unopposed. ANALYSIS Motion to Compel “In California, discovery may be obtained from a nonparty through an oral deposition, a written deposition, or a deposition for the production of business records and things. (Code Civ. Proc., § 2020.010, subd. (a).)” (Board of Registered Nursing v. Superior Court of Orange County (2021) 59 Cal.App.5th 1011, 1030 (hereafter Board of Registered Nurs...

Excerpt: ....”) Plaintiff opposes and Defendants reply. LEGAL STANDARDS Per Code of Civil Procedure section 2031.060, subdivision (a), “[w]hen an inspection, copying, testing, or sampling of documents, tangible things, places or electronically stored information has been demanded, the party to whom the demand has been directed , and any other party or affected person, may promptly move for a protective order.” (Code Civ. Proc., § 2031.060, subd. (a).)...

Excerpt: ...rsity of California (“Defendant”). Defendant now demurs on the grounds that the complaint fails to state facts sufficient to constitute a cause of action, pursuant to Code of Civil Procedure section 430.10, subdivision (e). Plaintiff opposes the demurrer and Defendant replies. ANALYSIS 1. DEMURRER - STANDARDS “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” (Lewis v. Safeway, Inc. (20...

Excerpt: ...mplaint (“SAC”), alleging seven causes of action for (1) breach of the covenants, conditi ons and restrictions (CC&Rs); (2) breach of contract; (3) breach of fiduciary duty; (4) negligence; (5) violation of Civil Code section 4775; (6) private nuisance; and (7) declaratory relief. Only the third and fourth causes of action are alleged against Defendant Pamela Chen (“Defendant”). Defendant demurs to the third and fourth causes of action on...

Excerpt: ...aling; (3) negligence; (4) fraud; (5) negligent misrepresentation; and (6) unfair business practices. The first two causes of action were not alleged against Defendants Crawford & Company or William Ball (“Defendants”). The Court sustained Defendants' previous demurrer to the third cause of action for negligence without leave to amend on the grounds that insurers and their agents do not generally owe insureds a duty as a matter of law, and su...

Excerpt: ...wo causes of action for (1) elder abuse and (2) negligence. On December 15, 2023, the Court sustained Defendant's demurrer to the first cause of action for elder abuse on the grounds that Plaintiff did not allege specific facts demonstrating Defendant neglected Plaintiff with knowledge that injury was substantially certain or with conscious disregard of the high probability of such injury and Plaintiff did not allege any specific harm or damages ...

Excerpt: ... Documentary Evidence OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment; Memorandum of Points and Authorities 2. Declaration of Waukeen McCoy 3. Declaration of Vinay Ginjupalli 4. Declaration of Marilyn E. McCullum 5. Separate Statement of Disputed Material Facts 6. Objections to Evidence REPLY PAPERS: 1. Reply in Support of Motion for Summary Judgment 2. Evidentiary Objections BACKGROUND On or about November 4, 2020, Plaintiff Peri...

Excerpt: ...ase and sale agreement for real property in South Carolina. The seller, Plaintiff EMRES II South Carolina, LLC (“Plaintiff”) has sought liquidated damages from purchaser, Defendant Spain Companies, LLC (“Defendant”) pursuant to the terms of the agreement. Plaintiff now moves for summary judgment. Plaintiff's motion is unopposed. LEGAL STANDARD – MOTION FOR SUMMARY JUDGMENT “[T]he party moving for summary judgment bears the burden of p...

Excerpt: ...Family 2000 Living Trust; Wendy Eisler, individually and as trustee for the Eisler Family Living Trust; Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Wells MOTIONS Plaintiff Yazmin Ortiz (“Plaintiff”) demurs to the answer and the first amended answer filed by Defendants Rudy Eisler, individually and as trustee for the Eisler Family Living Trust; Stephen Eisler, individually and as trustee for the Eisler F...

Excerpt: ...f action for fraud, stemming from alleged misrepresentations Defendant made to Plaintiff concerning Defendant's financial situation to obtain more favorable lease terms. Defendant opposes the motion and Plaintiff replies. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any...

Excerpt: ...”) to access the Gold's Gym in Venice, California. On August 10, 2023, Plaintiff filed the original complaint in this action. Four days later, on August 14, 2023, Plaintiff voluntarily filed the first amended complaint, alleging three causes of action for (1) breach of Business & Professions Code section 17200; (2) breach of the Unruh Act; and (3) bad faith denial of the existence of a contract against Defendant and against Gold's Gym Club Hold...

Excerpt: ...ntract case arises from a dispute regarding the amount of back rent Defendants allegedly owe Plaintiff in connection with a residential property lease. On September 26, 2022, Plaintiff SM 10000 Property LLC (“Plaintiff”) brought suit against Defendants Nicolai Bergman (“Nicolai”), Amanda McDermott -Bergmann (“Amanda”), and Nicolai Bergmann KK (“Nicolai KK”). Amanda answered the complaint, but default was entered against Nicolai an...

Excerpt: ...ormance; (2) breach of contract; (3) bad faith waste; (4) fraud – intentional misrepresentation; (5) negligent misrepresentation; (6) tortious interference with contract, prospective business advantage; (7) breach of implied covenant of good faith & fair dealing; and (8) declaratory relief against Defendants DH Distribution, Inc. (“DH”); Sergey Menshikov (“Sergey”), Beverly Hi lls Escrow (“BHE”), Lucy Menshikova (“Lucy”), and La...

Excerpt: ...espondent opposes the petition and Petitioner replies. [1] ANALYSIS 1. MOTION TO COMPEL ARBITRATION – LEGAL STANDARDS “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quickly and inexpensively.” (Henry v. Alcove Investment, Inc . (1991)...

Excerpt: ...d Petitioner replies. [1] ANALYSIS 1. MOTION TO COMPEL ARBITRATION – LEGAL STANDARDS “[T]he advantages of arbitration include a presumptively less costly, more expeditious manner of resolving disputes. It follows a party to a valid arbitration agreement has a contractual right to have its dispute with another party to the contract resolved quickly and inexpensively.” (Henry v. Alcove Investment, Inc . (1991) 233 Cal.App.3d 94, 99 –100 [cl...

Excerpt: ...ry provision, which applies permissively, and a mandatory provision, which applies as of right.” ( Minick v. City of Petaluma (2016) 3 Cal.App.5th 15, 25 (hereafter Minick ).) “Section 473 is a remedial statute to be “applied liberally” in favor of relief if the opposing party will not suffer prejudice. Because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in favor of the ...

Excerpt: ...acts sufficient to state a cause of action and for uncertainty, pursuant to Code of Civil Procedure, section 430.10, subdivisions (e) and (f), respectively. Defendant also moves to strike the entire complaint, or in the alternative, the request for punitive damages. Plaintiff has not opposed either the demurrer or the motion. ANALYSIS 1. DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complai...

Excerpt: ...f California Life and Health Insurance Company (“Blue Shield”) moves to seal portions of Exhibits 3, 4, and 35 containing or referencing Blue Shield's confidential and proprietary payment methodology and fee schedule information with regard to the CPT codes at issue. Blue Shield's motion is unopposed. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the public, pursuant to a potent “open cou...

Excerpt: ...�) and tenant Plaintiff Maureen Minehart (“Plaintiff”) concerning ongoing water intrusion and cockroach inf estations at the apartment Plaintiff rented from Defendants. Plaintiff alleges eight causes of action (1) breach of contract; (2) breach of implied warranty of habitability/tenantability; (3) breach of implied warranty of quiet enjoyment; (4) negligence; (5) nuisance; (6) breach of statute CCC § 1942.4; (7) intentio nal misrepresentati...

Excerpt: ...pel verified responses from Plaintiff Alexander Rivkin (“Plaintiff”) to Form Interrogatories (Set One) (“FROG”); Special Interrogatories (Set One) (“SROG”) and Demands for Production of Docume nts (Set One) (“RPD”). Defendant also seeks monetary sanctions in connection with the motions. Plaintiff opposes the motions and Defendant replies. LEGAL STANDARDS 1. Interrogatories Pursuant to Code of Civil Procedure section 2030.290, “[...

Excerpt: ...ephen R. Hofer Law Corporation d/b/a Aerlex Law Group; Aerlex Tax Services, LLC; and Aerlex Tax Services, LLP (“Plaintiffs”) brought suit against Defendants Vicky Boladian and Boladian Aviation Law Group, APC (“Defendants”) alleging thirteen causes of action: (1) breach of contract – settlement agreement; (2) breach of contract – operating agreement and buy -sell agreement; (3) breach of implied covenant of good faith and fair dealing...

Excerpt: ...rust; Wendy Eisler, individually and as trustee for the Eisler Family Living Trust; Eisler Investments; West End Properties; Robert Sundeen; Carole Sundeen; and Dustin Wells MOTIONS Plaintiff Yazmin Ortiz (“Plaintiff”) demurs to the answer and the first amended answer filed by Defendants Rudy Eisler, individually and as trustee for the Eisler Family Living Trust; Stephen Eisler, individually and as trustee for the Eisler Family 2000 L iving T...

Excerpt: ...t $29 per month, and refusing to let Plaintiff enter th e Gold's Gym in Venice without paying either $900 per year or $100 per month. (See generally First Amended Complaint.) On November 8, 2023, Plaintiff voluntarily requested dismissal of Defendant Gold's Gym Club Holding, LLC, which the Court entered on November 9, 2023. On January 16, 2024, Plaintiff filed a Second Amended Complaint (“SAC”), which added several new defendants, including d...

Excerpt: ...t”): (1) Violation of Civil Code § 2923.7; (2) Violation of Civil Code § 2924.9; (3) Violation of 12 C.F.R. 1024.38; and (4) Unfair Business Practices. Defendant demurs to all four causes of action for failure to state a cause of action pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant also moves to strike allegations regarding punitive damages, emotional distress, attorneys' fees, as well as all allegations for �...

Excerpt: ...d at least thirty days prior to trial, which is currently scheduled for June 10, 2024. Defendant WIB Holdings, LLC has filed a late opposition, to which Plaintiff objects and replies. DEFENDANT'S LATE -FILED OPPOSITION Code of Civil Procedure section 1005, subdivision (b) provides, “All papers opposing a motion […] shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court ...

Excerpt: ... 22, 2023, Plaintiff Forwardline Financial, LLC (“Plaintiff”) filed suit against Defendants Vent Tech, Inc. (“Vent Tech”) and Christopher Taulbee (“Taulbee”) (collectively, “Defendants”) alleging causes of action for (1) account stated against V ent Tech; (2) money lent against Vent Tech; (3) open book account against Taulbee; (4) breach of contract against Vent Tech; and (5) breach of contract against Taulbee, seeking to recover ...

Excerpt: ...aud – intentional misrepresentation, count 1: multi -strategy capital contributions; (3) common count, count 1: multi -strategy capital contributions; (4) breach of written contract, count 2: promissory notes; (5) fraud – intentional misrepresentation, count 2: loans; and (6) common count, count 2: promissory notes. Defendants Insight Multi- Strategy U.S. Partners, LLC; Insight Advisors, LLC, and Michael Tito (“Defendants”) demur to the f...

Excerpt: ...fendant”) in “the sum of $448,000.00, with prejudgment interes t, costs and attorneys' fees in amounts to be determined through post-trial proceedings.” (January 30, 2024 Judgment.) Plaintiff now moves to fix the amount of prejudgment interest to be awarded. Defendant opposes the motion and Plaintiff replies. ANALYSIS Plaintiff seeks $194,145.71 in prejudgment interest, representing a 10% annual interest rate on the outstanding balances of ...

Excerpt: ... 1. Memorandum of Points and Authorities in Opposition to Motion for Summary Judgment 2. Separate Statement of Disputed Material Facts 3. Objections to Evidence 4. Declaration of Waukeen McCoy REPLY PAPERS: 1. Reply in Support of Motion for Summary Judgment 2. Evidentiary Objections BACKGROUND On or about November 4, 2020, Plaintiff Pericles Chamis (“Plaintiff”) underwent an upper endoscopy procedure, during which “Plaintiff began vomiting ...

Excerpt: ...ts sufficient to constitute a cause of action, pursuant to Code of Civil Procedure section 430.10, subdivision (e). Plaintiff opposes the demurrer and Defendant replies. REQUESTS FOR JUDICIAL NOTICE Defendant's Request Defendant requests judicial notice of (1) the January 26, 2023 Certificate of Cancellation from the Delaware Secretary of State issued to Tavistock and (2) the laws of the State of Delaware cited in Defendant's demurrer to Plaintif...

Excerpt: ...imited civil case is a case in which the demand, exclusive of interest, amounts to $35,000 [1] or less. (Code Civ. Proc., § 86, subd. (a)(1).) The court must order reclassification of a case from unlimited to limited “when . . . it becomes clear that the matter will ‘necessarily' result in a verdict” under $35,000. ( Walker v. Superior Court (1991) 53 Cal.3d 257, 262 ([hereafter Walker) .) In determining whether the demand of the case exce...

Excerpt: ... let Plaintiff enter the Gold's Gym in Venice without paying either $900 per year or $100 per month. (See generally First Amended Complaint [1] .) Plaintiff moves to enjoin Defendants from denying him entry to the Venice Gym at the contract rate of $29 per month. Defendant Gold's Gym California, LLC (“Defendant”) opposes the motion and Plaintiff replies. [2] REQUEST FOR JUDICIAL NOTICE Plaintiff requests the court to take judicial notice of f...

Excerpt: ...pondent”) in the amount of $39,402.50 plus int erest accruing pursuant to the parties' agreement. (See Ex. B to Petition to Confirm Arbitration Award (“Petition”).) The agreement provides for interest at the rate of 10% on any account balance not paid in full within 60 days of completion of the assignment. (Ex. A to Petition at p. 2.) On January 30, 2024, Petitioner filed the instant Petition. On February 5, 2024, a hearing on the Petition ...

Excerpt: ...Blue Shield of California Life and Health Insurance Company (“Blue Shield”) move to seal portions of Exhibits 3, 4, and 35 containing or referenc ing Blue Shield's confidential and proprietary fee schedule information with regard to the CPT codes at issue. Blue Shield's motion is unopposed. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the public, pursuant to a potent “open court” polic...

Excerpt: ... to continue the trial date and pretrial discovery cut -off dates by twelve months. Defendant and Cross -Complainant Watertronics, LLC (“Watertronics”) has filed a joinder to Lakos' application. The application is unopposed. ANALYSIS “Continuances are granted only on an affirmative showing of good cause requiring a continuance.” ( In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 823.) A trial court has broad discretion in cons...

Excerpt: ...University of California (“Defendant.”) The Court sustained Defendant's demurrer to the elder abuse cause of action on the basis that Plaintiff failed to allege (1) that Defendant knowingly, chronically understaffed its hospital below the minimum nurse -to -patient ratios or (2) that Plaintiff suf fered any harm or damage as a result of Defendant's alleged neglect. (December 15, 2023 Minute Order.) Plaintiff now moves for leave to amend the c...

Excerpt: ...). Plaintiff's motion is unopposed. ANALYSIS Code of Civil Procedure section 664.6 provides that “[i]f parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., § 664.6.) In ruling on a motion to enter judgment, the c...

Excerpt: ...hn Canning (“Canning.”) Vaughan is a public insurance adjuster who works out of his Malibu home. (First Amended Complaint (“FAC”) ¶ 6.) Vaughan and Canning have been friends for over 20 years. (FAC ¶ 8.) To help Canning obtain a source of income, Vaughan taught Canning the business of public insurance adjusting. (FAC ¶ 10.) Vaughan also allowed Canning to use Vaughan's office and equipment for free and occasionally allowed Canning to w...

Excerpt: ... dispute over Defendants' alleged failure to pay “non -contracted” or “out - of-network” Plaintiffs for psychological and/or psychiatric care, treatment, and services provided to patients insured by Defendants. Plaintiffs Marks House LLC/Hillcrest Teen Treatment Center; Bailard House LLC/Beachside/Malibu Teen Center; and The Meadowglade (“Plaintiffs”) have brought nine causes of action in the First Amended Complaint (“FAC”) agains...

Excerpt: ...eclaration in support of an automatic extension. Defendant demurs to Plaintiff's complaint. Plaintiff has not filed an opposition. LEGAL STANDARD – DEMURRER “It is black letter law that a demurrer tests the legal sufficiency of the allegations in a complaint.” ( Lewis v. Safeway, Inc. (2015) 235 Cal.App.4th 385, 388.) In testing the sufficiency of a cause of action, a court accepts “[a]s true all material facts properly pled and matters w...

Excerpt: ...tatement of Undisputed Facts in Support of Motion for Summary Judgment/Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment/Adjudication; Memorandum of Points and Authorities 2. Declaration of Joanna Ardalan 3. Separate Statement in Opposition to Motion for Summary Judgment/Adjudication REPLY PAPERS: 1. Reply in Support of Motion for Summary Judgment/Adjudication 2. Evidentiary Objections BACKGROUND Cross -Complainant BFF ...

Excerpt: ... of Motion for Summary Judgment 5. Declaration of Barbara Johnson in Support of Motion for Summary Judgment 6. Request for Judicial Notice BACKGROUND Plaintiff Armon Funding, LLC (“Plaintiff”) filed a verified unlawful detainer complaint against Defendants MMK Capital, Inc. (“Defendant”) and all unknown occupants, tenants, and subtenants on December 8, 2023. Plaintiff now moves for summary judgment. Defendant has not filed an opposition t...