Excerpt: ...ort of Motion for Summary Adjudication 5. Index of Exhibits 6. Request for Judicial Notice 7. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Adjudication OPPOSITION PAPERS: 1. Opposition to Motion for Summary Adjudication; Memorandum of Points and Authorities 2. Declaration of Carlos E. Garcia in Support of Plaintiff's Opposition to Defendant's Motion for Summary Adjudication 3. Separate Statement of Additional D...

Excerpt: ...”) alleging causes of action for medical malpractice, violations of the Consumer Legal Remedies Act (“CLRA”), fraud, and Unlawful Business Practices based on a combination of two intimate medical procedures Plaintiff alleges Defendants “botched.” Defendants demurred to the CLRA, fraud, and Unlawful Business Practices causes of action and moved to strike the prayer for punitive damages. The Court sustained the demurrer to the CLRA cause ...

Excerpt: ...e construction, initiated the lawsuit against the project owners on May 6, 2020. On February 16, 2021, Plaintiff amended the complaint to substitute Defendant MRB Construction, Inc. (“MRB”) for DOE 1. Cross-Defendant Marvin Ramos (“Ramos”) is the principal for MRB. Defendant and Cross-complainant Zalman N., Inc. is the general contractor for the construction. Defendant and Cross-complainant Zalman T. Nemtzov is the sole shareholder and pr...

Excerpt: ...C; Los Angeles Teen Outpatient Center, LLC; Centered Health, LLC; John Doe, claiming she was sexually assaulted at The Hills substance abuse treatment center. [1] Plaintiff alleges causes of action for (1) General Negligence; (2) Negligent Hiring, Retention, and Supervision; (3) Sexual Assault; (4) Battery; (5) Sexual Battery; (6) Negligent Failure to Warn; (7) Vicarious Liability for Sexual Assault; (8) Vicarious Liability for Sexual Battery; (9...

Excerpt: ...) for (1) Breach of Written Contract; (2) Violation of Civil Code sections 1102, et seq.; (3) Fraud; and (4) Fraudulent Concealment stemming from Defendants' alleged misrepresentation/failure to disclose conditions of the residential property Defendants sold to Plaintiff. Defendants now move to compel Plaintiff to arbitrate his claims. Plaintiff opposes the motion and Defendants have replied. LEGAL STANDARD – MOTION TO COMPEL ARBITRATION “[T]...

Excerpt: ...nding balance owed to Plaintiff that omit the $18,749.21 in prejudgment interest awarded by the Court and also contain other improper deductions to the outstanding balance owed. Defendant has not opposed the motion. BACKGROUND This case stems from a loan Plaintiff extended to Defendant to finance Defendant's new business, which Defendant failed to repay, pursuant to the parties' loan agreement. On November 14, 2019, the Court entered a default ju...

Excerpt: ...ule 3.110(b), and the complaint is therefore subject to dismissal pursuant to Government Code section 68608, subd. (b) and Code of Civil Procedure section 575.2, subd. (a); and (2) Plaintiff failed to serve Defendant with the complaint within 2 years after the action was commenced, and it is therefore subject to dismissal pursuant to Code of Civil Procedure sections 583.410, subd. (a) and 583.420, subd. (a)(1). Plaintiff, representing himself in ...

Excerpt: ...risa”); DH Distribution Inc. (“DHD”); Beverly Hills Escrow, Inc. (“BHE”) (collectively, “Defendants”) stemming from a real property dispute. [1] DHD is operated by Individual Defendants, Sergey (the sole shareholder of DHD) and his daughters Larisa (DHD's agent for service of process and former officer and director of DHD) and Lucy. (Notice of Related Case, Attachment 1h, [hereinafter “NRC”] ¶ 2; First Amended Complaint [herein...

Excerpt: ...dicated Defendants had breached the parties' settlement agreement, and the matter was set for trial. Plaintiff was to file and serve an opening brief by March 15, 2023, Defendant to file and serve an opposition by March 29, 2023, and Plaintiff to file and serve a reply (if any) by April 10, 2023. A non- jury trial regarding the breach of the settlement agreement was scheduled for May 17, 2023. (February 22, 2023 Minute Order.) [1] On March 14, 20...

Excerpt: ...ctively, “Defendants”) alleging 12 causes of action stemming from allegations that Defendants sabotaged the business and financial operations of United Clinical, causing its corporate status to be suspended. (Complaint ¶ 12.) On August 3, 2022, Plaintiff Peyman Banooni dismissed the Ninth Cause of Action, Plaintiff Stan Gershovich dismissed the Eleventh Cause of Action, and Plaintiff Faramarz (Fred) Shaham dismissed the Tenth cause of action...

Excerpt: ...aintiff Shawn Dreamer (“Plaintiff”) brought suit on December 16, 2019, against the various owners and managers of the dwelling he leased: defendants Ray Consulting Group Ventures, Inc (“Defendant Ray”); Rayco Electronic Manufacturing, Inc. [erroneously sued as Rayco Electronics Manufacturing, Inc.]; Suraj Development Corp.; Usha Patel; Mayan Patel; Brenda Jaime; and Stephanie Preciado (collectively, “Defendants.”) On January 9, 2023, ...

Excerpt: ...ove to strike from the complaint, paragraphs 32, 49, and Request for Relief paragraph 4, representing allegations that Defendant's conduct was willful, oppressive, and malicious, and Plaintiff's request for punitive damages. Plaintiff opposes and Defendant has replied. ANALYSIS 1. MOTION TO STRIKE Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whole pleading or any part thereof. (Code Civ. P...

Excerpt: ...laint, bringing two causes of action for breach of contract and negligence. Plaintiff previously moved for summary judgment, arguing, among other things, that Defendant lacked a valid contractor's license when he installed the flooring in Plaintiff's home. The Court denied Plaintiff's motion for summary judgment because Plaintiff failed to establish the elements of his breach of contract and negligence claims, and Plaintiff had not alleged a caus...

Excerpt: ...nt Bird Rides, Inc. (“Bird Rides”) has not opposed the motion to seal. LEGAL STANDARD Unless confidentiality is required by law, court records are presumed to be open to the public, pursuant to a potent “open court” policy undergirded by the First Amendment and favoring the public nature of court proceedings.¿ (Cal. Rules of Court, rule 2.550(c); see also¿ NBC Subsidiary (KNBC‐TV), Inc. v. Superior Court¿(1999)¿20 Cal.4th 1178, 1199...

Excerpt: ...mediate the asbestos released into Plaintiff's condominium unit. Defendants oppose the motion and Plaintiff replies. LEGAL STANDARD Pursuant to Code of Civil Procedure section 527, subdivision (a), “[a] preliminary injunction may be granted at any time before judgment upon a verified complaint, or upon affidavits if the complaint in the one case, or the affidavits in the other, show satisfactorily that sufficient grounds exist therefor.” (Cod...

Excerpt: ...after, Plaintiff alleges the subject vehicle had defects related to the body system, steering system, and safety system. (Complaint ¶ 12.) Plaintiff allegedly provided Defendant FCA US LLC (“Defendant”) an opportunity to service or repair the subject vehicle, but Defendant was unable to cure the alleged defect. (Complaint ¶¶ 14-15.) Accordingly, Plaintiff contends that under the Song-Beverly Consumer Warranty Act, Defendant had the statuto...

Excerpt: ... paragraphs of allegations regarding public injunctive relief; add seven paragraphs of allegations pertaining to the unfair competition law cause of action; add a cause of action for declaratory relief; and add a request for attorneys' fees. Defendant has not filed an opposition to the motion. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance ...

Excerpt: ... vehicle. (Complaint, ¶¶ 13-14.) Thereafter, Plaintiff alleges that the subject vehicle had defects related to the transmission and transmission, and he delivered the subject vehicle to Defendant General Motors (“Defendant”). (Complaint, ¶¶ 15-17.) But Defendant was unable to cure the alleged defect. (Complaint, ¶ 18.) Accordingly, Plaintiff contends that under the Song-Beverly Act, Defendant had the statutory duty to either repurchase o...

Excerpt: ...ix to “provide further, Code-compliant responses to Plaintiff's discovery within 30 days of this order” and to pay monetary sanctions. (See April 4, 2023 Minute Order.) Matrix opposes the motion and seeks monetary sanctions against Plaintiff. Landver has filed a reply. ANALYSIS When a party misuses the discovery process by disobeying a court order to provide discovery, the court in its discretion may impose a terminating sanction by striking ...

Excerpt: ...e; Request for Sanctions 2. Declaration of Joshua D. Schein in support of Defendant's Motion to Compel 3. Separate Statement in Support of Defendant's Motion to Compel PLAINTIFF'S OPPOSTION 1. Plaintiff's Opposition to Defendant's Motion to Compel Third Party Palo Alto's Compliance with Subpoena 2. Declaration of Peter Morris in Support of Plaintiff's Opposition to Defendant's Motion to Compel Third Party Palo Alto's Compliance with Subpoena 3. D...

Excerpt: ...ay 15, 2023, following a bench trial. Plaintiff now brings this motion to recover its reasonable attorneys' fees pursuant to Civil Code section 1717. Defendant opposes the motion. Plaintiff replies to the opposition. LEGAL STANDARD Civil Code section 1717 provides, in relevant portion: “[i]n any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be aw...

Excerpt: ...t to Code of Civil Procedure section 430.10, subdivisions (e) and (f) on the grounds that the complaint is uncertain and fails to state a cause of action upon which relief can be granted. Plaintiff has not opposed the demurrer. ANALYSIS 1. MEET AND CONFER REQUIREMENTS Code of Civil Procedure, section 430.41, subd. (a) provides: “[b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by teleph...

Excerpt: ...issue at a trustee's sale, following the prior owner'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 filed a se...

Excerpt: ...ty”). (Complaint, ¶ 1.) The Property is part of a common interest development governed by the 1012 2nd Street Homeowners Association (“HOA”). (Id. at ¶ 2.) On April 8, 2020, Lauren Prakke (“Prakke”), who owned Unit 2 located directly above the Property, left her bathtub running until it overflowed. That incident caused water to flow through the walls and ceiling of Plaintiff's Property directly below, resulting in damage to Plaintiff'...

Excerpt: ...) medical battery; (3) lack of informed consent; (4) misrepresentation-concealment; (5) negligent misrepresentation; (6) constructive fraud; (7) breach of contract; (8) breach of warranty; and (9) invasion of privacy. Subsequently, Plaintiff retained counsel to represent her. On February 2, 2023, Plaintiff's counsel executed a stipulation to dismiss causes of action 2, 4, and 5-9, leaving just the medical negligence and lack of informed consent c...

Excerpt: ...st Defendant and Cross-Complainant, Sam's Bagels (“Sam's”), bringing claims under the Unruh Civil Rights Act and the California Disabled Persons Act, alleging that Sam's Bagels failed to comply with the accessibility requirements of the Americans with Disabilities Act. Sam's filed a cross-complaint against Whitaker and Whitaker's counsel, Cross-Defendants the Center for Disability Access; Mark Potter, Esq.; Amanda Seabock, Esq.; Candice Clipn...

Excerpt: ...��Defendants”) alleging causes of action for medical malpractice, violations of the Consumer Legal Remedies Act (“CLRA”), fraud, and Unlawful Business Practices based on a combination of two intimate medical procedures Plaintiff alleges Defendants “botched.” Defendants demurred to the CLRA, fraud, and Unlawful Business Practices causes of action and moved to strike the claim for punitive damages. The Court overruled the demurrers, but g...

Excerpt: ...Associates, Inc.; Michelle Dinh, M.D.; Jeanne Hershey-Weber; Andrew Gelis; Melanie Kerr; Sean Ravaei; Soma Surgery Center; and DOES 1- 10. Plaintiff's fourth amended complaint alleges three causes of action as to all defendants: (1) professional negligence – medical malpractice; (2) breach of fiduciary duty; and (3) intentional misrepresentation. Defendant Jeanne K. Hershey-Weber (“Defendant”) demurs to the second and third causes of action...

Excerpt: ...es (“James”), Landry Design Group, Inc., Richard Landry, and Todd Reily (collectively, “Cross-Defendants”) alleging causes of action for (1) breach of contract; (2) fraudulent inducement; (3) negligent interference with contract, and (4) negligence. The first two causes of action for breach of contract and fraudulent inducement are alleged only as to James and McNulty, while the third and fourth causes of action are alleged only as to the...

Excerpt: ...e fallen ill with a bacterial infection in February 2023. (Motion at p. 3.) The Court notes that the parties filed a joint stipulation on February 16, 2023, that did not mention any illness. On March 24, 2023, the parties' joint witness list and exhibit lists were due. Plaintiff's counsel filed the documents, but they were not signed by Defendant's counsel. Moreover, Defendant's counsel did not file joint or separate witness or exhibit lists. The...

Excerpt: ...est for Judicial Notice in Support of Motion for Summary Judgment 4. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment with Declaration of Damages DEFENDANTS' OPPOSITION PAPERS: 1. Opposition to Motion for Summary Judgment 2. Declaration of Paul Guez in Support of Defendants' Opposition to Motion for Summary Judgment 3. Request for Judicial Notice in Support of Opposition to Motion for Summary Judgment 4. D...

Excerpt: ...ome Debt Fund, LLC (“Plaintiff”) moves to compel responses from Defendant Andre Wegner (“Wegner”) to Form Interrogatories, set one (FROG); Special Interrogatories, set one (SPROG); and Requests for Production of Documents, set one (RFP). In addition, Plaintiff moves to deem admitted the matters specified in Requests for Admission, set one (RFA). Plaintiff seeks monetary sanctions in connection with the four motions. Plaintiff has not file...

Excerpt: ...ompel Plaintiff Shana Ricks (“Plaintiff” or “Ricks”) to arbitrate her employment discrimination, sexual harassment, and related claims. Plaintiff opposes the motion and Defendants reply. LEGAL STANDARD “[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...

Excerpt: ...y Judgment/Adjudication; Memorandum of Points and Authorities 2. Declaration of Mac W. Cabal in Support of Motion for Summary Judgment/Adjudication 3. Declaration of Clinton Walker in Support of Motion for Summary Judgment/Adjudication 4. Request for Judicial Notice in Support of Motion for Summary Judgment/Adjudication 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment/Adjudication AMLI'S AND FIDELITY'S ...

Excerpt: ... Summary Adjudication 4. Declaration of James Sciolla in Support of Motion for Summary Adjudication 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Adjudication PLAINTIFFS' OPPOSITION PAPERS: 1. Plaintiffs' Opposition to Defendant's Motion for Summary Judgment, or in the Alternative, Summary Adjudication; Memorandum of Points and Authorities 2. Declaration of Mark Romano in Support of Plaintiffs' Opposition to ...

Excerpt: ...ack owed rent not paid during the COVID-19 pandemic. Cross-Complainant now moves for an award of reasonable attorneys' fees, pursuant to the terms of the lease agreement. Cross- Defendant has not filed an opposition. ANALYSIS Entitlement to Attorneys' Fees Code of Civil Procedure section 1021 provides “[e]xcept as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is...

Excerpt: ...es of action and adding eleven new causes of action, bringing the total causes of action to twenty (20), and deleting and updating many of the factual allegations to account for events uncovered in discovery, which have occurred both before and after February 2022, when the original complaint was filed in this case. Defendant Ghods and Defendant Plusarch, Inc. (“Defendants”) oppose the motion, and Plaintiff has filed a reply. LEGAL STANDARDS ...

Excerpt: ...are Center, LLC erroneously sued as Country Villa Westwood Nursing Center (“Defendant”), claiming Defendant committed elder abuse and negligence against Plaintiff while in Defendant's care. Defendant demurs to the elder abuse cause of action, on the ground that it fails to plead with particularity facts sufficient to constitute an elder abuse cause of action and is uncertain under Code of Civil Procedure section 430.10, subdivisions (e) and (...

Excerpt: ...d Material Facts and Supporting Evidence 3. Declaration of William S. Edic OPPOSITION PAPERS: Cross-Defendant Boudreau Pipeline Corporation's Opposition: 1. Opposition to Motion for Summary Judgment 2. Separate Statement 3. Declaration of A. Kerry Stack 4. Notice of Lodgment of Exhibits Cross-Defendant/Cross-Complainant R-3 Contractors, Inc.'s Opposition: 1. Opposition to Motion for Summary Judgment 2. Separate Statement 3. Declaration of Lori R....

Excerpt: ...action originally alleged for breach of contract and negligence, and to replace them with a single cause of action under Cal. Bus. & Prof. Code § 7031(b), to recoup all compensation Plaintiff paid to Defendant as an unlicensed contractor. Defendant has not filed an opposition to the motion. LEGAL STANDARD Amendments to Pleadings: General Provisions Under Code of Civil Procedure section 473, subdivision (a)(1), “The court may, in furtherance of...

Excerpt: ...rds iso Geotechnical's Motion for Summary Judgment/Adjudication 3. Declaration of Michael K. Wolder iso Geotechnical's Motion for Summary Judgment/Adjudication 4. Geotechnical's Appendix of Evidence 5. Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment/Adjudication WESTERN NATIONAL BUILDERS' OPPOSITION PAPERS: 1. Western National's Opposition to Motion for Summary Judgment/Adjudication; Memorandum of Points ...

Excerpt: ... are necessary to allow Plaintiff to request discovery about whether Plaintiff violated other provisions of the settlement agreement, besides the return of certain Apple electronic devices to Plaintiff. Specifically, Plaintiff suspects Defendant may have breached the non-disparagement clause of the settlement agreement reached in a prior action between the parties. Defendant opposes the motion, and Plaintiff has filed a reply. LEGAL STANDARD Amen...

Excerpt: ... and Peter McNulty MOTIONS This lawsuit arises out of a dispute concerning Defendant and Cross-Complainant BFF Construction, Inc.'s (“BFF”) construction of Plaintiff and Cross-Defendant Nanette James's (“James”) and Cross-Defendant Peter McNulty's (“McNulty”) $5 million Malibu home. James sued to recover for alleged construction defects, and BFF sued James and McNulty for fraudulent inducement, alleging that James and McNulty misrepre...

Excerpt: ...s The Blackpointe Group and Blackpoint Group Construction & Management Inc. (collectively, “Blackpointe”). Blackpointe filed a motion for an order determining good faith settlement. Remaining Defendants Carol Tolchin; CT Prop Management, LLC; and David R. Townley Company (“Remaining Defendants”) oppose the motion. ANALYSIS A. THE LAW GOVERNING GOOD FAITH SETTLEMENTS Under section 877.6 of the Code of Civil Procedure, [1] “[a] determinat...

Excerpt: ...iving Trust, dated September 17, 2007 2. Plaintiffs Bobbie Reif and Dan Herman PLAINTIFFS' MOVING PAPERS: 1. Notice of Motion and Motion for Summary Judgment/Adjudication; Memorandum of Points and Authorities 2. Declaration of Plaintiff Bobbie Reif in Support of Motion for Summary Judgment/Adjudication 3. Declaration of Plaintiff Dan Herman in Support of Motion for Summary Judgment/Adjudication 4. Request for Judicial Notice in Support of Motion ...

Excerpt: ... her to invest in a third-party company which sells weight-loss gum by falsely claiming Mr. Gretzky lost weight from his use of the product. Plaintiff's Second Amended Complaint (“SAC”) filed on April 18, 2023 alleges causes of action against Defendants for fraud and negligent representation. Defendants move to strike the SAC as untimely and in the alternative demur to both causes of action, arguing each fails to state with specificity facts ...

Excerpt: ... Host, LLC (“Ultimate”), The Nightfall Group, LLC (“TNG”), Nightfall Realty, Inc. (“NRI”), Mokhtar Jabli (“Jabli”), Daniel Dangoor (“Dangoor”) (all together, “Defendants”) for 1) breach of written contract, 2) bad faith retention of security deposit, 3) civil conspiracy, 4) fraud, 5) conversion, 6) unfair business practices, and 7) common count. Plaintiff leased a residence from Ultimate pursuant to a lease agreement (“L...

Excerpt: ...d promissory notes executed by Defendant. Defendant did not respond to Plaintiff's Complaint and a default judgment was entered against him by the Court. Plaintiff now seeks a charging order levying Defendant's interest in limited liability company Equiticom, LLC pursuant to Code of Civil Procedure section 708.310 and Corporations Code section 17705.03. Defendant does not oppose the requested relief, however his spouse, third party Fadwa Galal, f...

Excerpt: ...n Fonececa Del Rosario (collectively, “Defendants”). In the alternative, Plaintiff seeks an order compelling Defendants to comply with the Court's May 22, 2023 order and additional monetary sanctions. Defendants have not filed oppositions to the motions. ANALYSIS The court has discretion to impose a terminating sanction when a party willfully disobeys a discovery order. (Code Civ. Proc., §§ 2023.010, subd. (g), 2025.450, subd. (h), 2030.290...

Excerpt: ... of a surgery performed by Dr. Aziz Rasooli, D.P.N. (“Defendant”) and Dr. James Emory, M.D. (collectively, “Defendants”). Plaintiff alleges that Defendants performed the surgery improperly which resulted in unnecessary complications and injury to Plaintiff's leg. (Complaint, ¶ 11.) Plaintiff filed her Complaint on November 12, 2021, alleging one count of medical negligence. Defendant filed the instant Motion for Summary Judgment (“Moti...