Excerpt: ...ly sentenced and has been mistreated in prison. The Court has held at least 15 hearings in this matter. Throughout that time, Plaintiff Marcus Ellington has been ably representing himself. The Court understands why Mr. Ellington would request appointment of counsel, the use of a laptop computer, to be transferred to another facility or program, or to be released from custody. As to those areas over which this Court has discretion (e.g., appointme...

Excerpt: ...nt against a demurrer, a court will treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions, or conclusions of law. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank); C & H Foods Co. v. Hartford Ins. Co. (1984) 163 Cal.App.3d 1055, 1062.) It is well settled that a “demurrer lies only for defects appearing on the face of the complaint[.]” (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) ...

Excerpt: ...4/27/2022, the Court denied DBC's application for good faith settlement without prejudice. On 7/21/2022, the Court granted DBC's motion for summary adjudication. Now, DBC renews its motion for determination of good faith settlement. Discussion The Court previously denied DBC's application for good faith settlement on the grounds that it had submitted insufficient evidence to show that the settlement was in the “reasonable range” of its share ...

Excerpt: ...nts' Demurrer The court considered the moving papers, opposition, and reply papers filed in connection with this motion. BACKGROUND Plaintiffs Xueyun Zou (“Zou”) and DL Trucking, Inc. (“DL Trucking”) filed this action on March 4, 2022 against Defendants Yao Guo, aka Vanessa Guo (“Guo”), Gosdom, Inc. (“Gosdom”), and Yao Guo, Trustee of the Guo Protection Trust. The complaint asserts causes of action for (1) fraud in the inducement,...

Excerpt: ...lege that Defendants violated certain provisions of the Ellis Act as enumerated in the Los Angeles Municipal Code (“LAMC”). Plaintiff Jessica Caruso alleges that Defendants wrongfully evicted her under the guise of withdrawal from business under the Ellis Act, when in fact Defendants intended to get rid of lower-paying tenants and did not go out of business. Plaintiff Patrick Caruso asserts negligence and premises liability based on injuries ...

Excerpt: ...mnity; (2) contribution; and (3) declaratory relief. On 3/1/2022, Whatley Kallas, LLP (Whatley) filed a Cross-Complaint (XC) for implied equitable indemnity against KCC Class Action Services, LLC (KCC), Kurtzman Carson Consultants (KCC), Computershare Communication Services, Inc. (CCS), and Gibson Dunn & Crutcher, Inc (Gibson). Now, KCC and CSS demur (collectively, Defendants) to Whatley's XC. Legal Standard A demurrer for sufficiency tests wheth...

Excerpt: ...sual Components Responding Party: Plaintiff AMAG, Inc. Notice: OK Ruling: The Demurrer is overruled. An answer is to be filed within twenty days. Moving parties to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On October 19, 2021, Plaintiff AMAG, Inc. filed the operative Complaint for (1) fraudulent transfer, (2) misrepresentatio...

Excerpt: ...y had and Received Common Counts against U.S. Bank 4) Breach of Fiduciary Duty against CEI and Does 1 to 20 5) Negligence against CEI and Does 1 through 20 6) Negligence against Coldwell Banker Realty and Does 1 to 20 7) Conversion against U.S. Bank and Does 1 to 20 8) Preliminary and Permanent Injunction against US Bank and CEI On January 03, 2022, U.S. Bank N.A. was dismissed as a Defendant, as well as all causes of action alleged against U.S. ...

Excerpt: ...urian's demurrer to the Second Cause of Action for Hostile Work Environment Harassment in Violation of the FEHA in Plaintiff Herman Morales' First Amended Complaint is OVERRULED. Defendants Quest Diagnostics Incorporated and Quest Diagnostics Clinical Laboratories, Inc., and Hagop Timourian's demurrer to the Eighth Cause of Action for Negligent Hiring, Supervision, and Retention in Plaintiff Herman Morales' First Amended Complaint is SUSTAINED. D...

Excerpt: ...h Upshaw (collectively, “Plaintiffs”) filed this action against defendants University of Southern California (“USC”) and Tim Ojeda (“Ojeda”) for injuries Plaintiffs sustained as former student athletes on a lacrosse team at USC. Plaintiffs allege they were diagnosed with rhabdomyolysis after an excessive and punitive workout on September 6, 2019, led by USC employee Ojeda. The complaint alleges causes of action for negligence against ...

Excerpt: ...ARTY RODRIGUEZ REAL ESTATE, INC.'S, MARTY RODRIGUEZ'S AND NADINE HERNANDEZ'S Demurrer to First Amended Complaint is SUSTAINED in part with leave to amend (only as to NHernandez for the first cause of action) and OVERRULED in part (first cause of action as to Marty Rodriguez Real Estate and Marty Rodriguez and second‐eighth causes of actions). (2) Defendants' MARTY RODRIGUEZ REAL ESTATE, INC.'S, MARTY RODRIGUEZ'S AND NADINE HERNANDEZ'S Motion to...

Excerpt: ...s JACK LIN'S, ACT CONSTRUCTION, LLC aka ACT CONSTRUCTION, INC.'S, and ACT HOLDING INVESTMENTS, LLC's DEMURRER to Plaintiff's Unverified Complaint is OVERRULED IN PART (i.e., first, second, and third causes of action for breach of contract) and SUSTAINED IN PART with leave to amend (i.e., as to fourth‐seventh causes of actions). (2) Defendants JACK LIN'S, ACT CONSTRUCTION, LLC aka ACT CONSTRUCTION, INC.'S, and ACT HOLDING INVESTMENTS, LLC's MOTI...

Excerpt: ...tor Holdings, LLC dba Vertical Companies' Motion to Strike is GRANTED in Part and DENIED in Part. The motion is GRANTED WITHOUT LEAVE TO AMEND as to the Penal Code citations and DENIED as to punitive/exemplary damages. Defendants to answer within 20 days. Introduction Defendants NCAP2, LLC; Todd Kaplan; Smoke Wallin; NCA Management Co., LLC; and Medical Investor Holdings, LLC dba Vertical Companies (collectively “Defendants”) demur to Plainti...

Excerpt: ...to Judicial Notice Plaintiff David Abbasi alleges that in 2008, he got his brother, defendant Sean Abbasi, to purchase real property for him. (Comp., ¶ 11.) Plaintiff “did not have enough credit to qualify for a loan,” so Sean got a loan and got title to the property in his name. (Ibid.) Plaintiff made all the payments on the home, and Sean agreed that plaintiff “would remain the true owner of the home.” (Ibid.) Plaintiff moved into the ...

Excerpt: ...it to entry of this tentative order without further hearing. INTRODUCTION Plaintiff Elizabeth Harandi (“Plaintiff”) filed this action against Farshad Harandi (“Defendant Harandi”), Rodeo Realty, Inc. (“Rodeo Realty”) and Malibu Escrow Company (“Malibu Escrow”) asserting causes of action for breach of fiduciary duty, negligence/gross negligence, fraud, intentional infliction of emotional distress, negligent supervision, and unjust ...

Excerpt: ...s' demurrer is SUSTAINED, WITH 15 DAYS LEAVE TO AMEND as to the conspiracy and 42 USC section 1985(3) claim. Defendant's motion to strike is DENIED. On 4/18/2022, Plaintiff Miriam Oguejiofor (Plaintiff) filed suit against Los Angeles Unified School District (the District), Maria Ricario, and James Koontz (collectively, Defendants), alleging: (1) racial discrimination; (2) racial discrimination; (3) retaliation; (4) failure to prevent discriminati...

Excerpt: ...ENIED. BACKGROUND On March 22, 2022, plaintiff Mike Harsini filed a complaint against defendant Marcello Curko for slander/libel (defamation of character) and intentional infliction of mental distress. LEGAL AUTHORITY CCP § 425.16 permits the court to strike causes of action arising from an act in furtherance of the defendant's right of free speech or petition unless the plaintiff establishes that there is a probability that the plaintiff will p...

Excerpt: ...ainst Respondent Vladyslav Simanko d/b/a Vladyslav's Constructions (“Respondent”). Petitioner seeks to confirm a contractual arbitration award. The underlying action arises out of a Merchant Processing Application between Petitioner and Respondent. (Pet., Attachment 4B.) The arbitration was conducted by Arbitrator Lawrence J. Kaplan of the American Arbitration Association (“AAA”) on April 1, 2022 in Fresno, California. (Pet., ¶¶6-8.) Th...

Excerpt: ...t. The Court cannot conclude before the trial on a motion in limine that no evidence supports a particular point. The motion is denied without prejudice to a contemporaneous objection at trial. Plaintiffs' MIL No. 2 Plaintiffs seek to exclude reference to their residency status and the residency status of other witnesses. Pursuant to Evidence Code section 351.2, the motion is granted. However, witnesses may discuss Jose Diaz life on a farm near e...

Excerpt: ...nt to care for and race horses, and alleges that Defendant failed to do so properly. Defendant moves to set aside the default entered against him on May 18, 2022. TENTATIVE RULING: Defendant's Motion to Set Aside the default is GRANTED on the condition that Defendant serve and file the answer by August 26, 2022. Plaintiff's request for sanctions is DENIED. DISCUSSION: Defendant moves under Code of Civil Procedure section 473 to set aside a defaul...

Excerpt: ... service of process is essential to establish personal jurisdiction. [Citation.]” (Dill v. Berquist Construction Co. (1994) 24 Cal.App.4th 1426, 1444.) “[T]he filing of a proof of service creates a rebuttable presumption that the service was proper” but only if it “complies with the statutory requirements regarding such proofs.” (Id. at 1441- 1442.) When a defendant moves to quash service of the summons and complaint, the plaintiff has ...

Excerpt: ...Protection Act and seeks both punitive and treble damages. Willia Osby has been appointed as the successor-in-interest to Decedent. HISTORY: On July 18, 2022, the Court received the Motion for Leave to File SAC filed by Plaintiff; an opposition filed by Defendant on August 5, 2022; and a second opposition filed by Defendant on August 8, 2022. The Court will consider only the timely-filed August 5 opposition. RELIEF REQUESTED: Plaintiff moves for ...

Excerpt: ...tion served: July 12, 2022 Timely ANALYSIS: Under CCP § 2033.280, a party who fails to serve a timely response to requests for admissions, “waives any objection to the requests.” In addition, the requesting party may move for an order that “the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction....” CCP Section 2033.280(b). The code specifies that “The court shall make this order, unle...

Excerpt: ...Santi”) and Serena Cenni-Santi (“Ms. Santi”) (collectively, “Plaintiffs”) The Court has considered the moving, opposition and reply papers. BACKGROUND Plaintiffs initiated this action on March 14, 2019 alleging injuries sustained in an automobile accident that occurred on February 19, 2018 while Plaintiffs were receiving a ride from a driver using Lyft's ride share mobile app. On December 21, 2020, Plaintiffs filed the currently operati...

Excerpt: ...representation; 5) Constructive Fraud; 6) Breach of Covenant of Good Faith and Fair Dealing; 7) Declaratory Relief; 8) Breach of Fiduciary Duty; 9) Accounting; 10) Transfer of Ownership of Company Assets; 11) Compel Payment of Paid Distributions; 12) Unjust Enrichment; 13) Partition; 14) Breach of Duty of Loyalty; and 15) Conversion. On May 5, 2022, Plaintiffs requested an IDC to be conducted on July 15, 2022. On July 15, 2022, the Court did not ...