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: ... 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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: .... 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: ...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: ...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...