Excerpt: ...Property 3. Promissory Fraud 4. Promissory Estoppel 5. Quiet Title 6. Imposition of a Constructive Trust 7. Unjust Enrichment 8. Declaratory Relief RELIEF REQUESTED IN MOTION TO STRIKE: An order striking certain allegations in the complaint, regarding punitive damages and fraud and deceit. Specifically, Defendant seeks to strike ¶34, p.9:19-23; ¶55, p.14:10-12 and the Prayer for punitive and exemplary damages in relation to the Third Cause of A...

Excerpt: ...rer is sustained with leave to amend as to the sixth cause of action. Meet and Confer Before filing a demurrer or motion to strike, the moving party must meet and confer in person or by telephone with the party who filed the pleading to attempt to reach an agreement that would resolve the objections to the pleading. (Code Civ. Proc., §§ 430.41, 435.5.) The demurring party must identify the causes of action it believes are subject to demurrer an...

Excerpt: ...August 11, 2020. The Complaint asserts causes of action for (1) first party insurance bad faith – failure to properly investigate claim; (2) breach of contract; (3) breach of the implied covenant of good faith and fair dealing; (4) violation of Unfair Business Practices Act; and (5) negligence. The Complaint alleges in pertinent part as follows. Plaintiff purchased a commercial insurance policy (Policy No. 680-4J7111645-18-42) (“Policy”) fr...

Excerpt: ...e legal and evidentiary basis for the settlement and that addresses the issues that the court identifies in this ruling (see “Discussion” section below). The court sets a non-appearance date re filing of motion for ________________. DISCUSSION Defendant Chegg, Inc., is an education technology company that provides a website through which individuals may provide tutoring services to other users of the website. Plaintiff began to perform servic...

Excerpt: ...r damages arising from a multi-vehicle accident. On 9/27/18, Plaintiff filed her First Amended Complaint naming Victor Manuel Figueroa (“Figueroa”) as a defendant. On 8/3/20, Defendant Arias filed a Notice of Settlement providing Arias entered into a settlement with Plaintiff. Defendant further filed an Application for Determination of Good Faith Settlement providing Arias settled with Plaintiff for the amount of $16,350.00, of $13,000 is to ...

Excerpt: ...‐in‐interest to a former client Marsha Stern (an elder) against attorney Defendant Shirlee Lynn Bliss (“Bliss”). He also filed this derivative suit against the association Defendant Federal Homeowners Relief Foundation (“Foundation”), to which Stern is the managing trustee and Kenneth Adler is her successor. He alleges that he paid $7,000 to Bliss for legal services and she caused her clients to lose title to a parcel of residential r...

Excerpt: ...J. Lee (“Lee”) (collectively, “Defendants”) demur to the 1 st (financial abuse of an elder), 2 nd (intentional misrepresentation), 3 rd (quiet title), and 4 th (breach of contract) causes of action in the complaint of Plaintiff Eok Jin Kim (“Plaintiff”). Defendants argue Plaintiff failed to allege sufficient facts to constitute the causes of action. On June 26, 2020, Plaintiff filed his complaint instant action against Defendants and ...

Excerpt: ...COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION Responding Party: Defendant, Pacific Life Insurance Company Tentative Ruling 1. Defendant Pacific Life Insurance Company's Demurrer to Fourth Amended Complaint is SUSTAINED, without leave given to amend. 2. Defendant Pacific Life Insurance Company's Motion to Strike Allegations from Fourth Amended Complaint is DENIED as MOOT. 3. Plaintiff Peter Fischl's Motion to Compel Further Responses to Reque...

Excerpt: ...ntiffs”) filed this action against Defendants John Suh aka John D. Suh aka John Doo Suh and Jae In Suh (jointly, “Defendants”). The operative Third Amended Complaint (“TAC”) was filed on November 14, 2019, and asserts causes of action for (1) breach of contract, (2) breach of fiduciary duty, (3) fraud, (4) conversion, (5) accounting, (6) trade name infringement, and (7) unfair business competition. On June 30, 2020, Plaintiffs filed an ...

Excerpt: ...nt of $50,000.00 against Plaintiff (“Judgment”). (Defendants' RJN, Ex. 3; FAC ¶ 5.) (On October 31, 2018, Reza Pour assigned his rights in the Judgment to Schyna Pour as trustee of the Reza Jalali Pour Trust. (Defendants' RJN, Ex. 8.)) Plaintiff alleges that in 2002, he and Defendant signed a written agreement under which Plaintiff would pay Reza Pour $9,000.00 in total satisfaction of the Judgment (“Satisfaction Agreement”). (FAC ¶¶ 7...

Excerpt: ...imitations for the wrongful death claim and as to the sufficiency of allegations regarding the DOE defendants. The Court GRANTS in part and DENIES in part Defendants' motion to strike. BACKGROUND: Plaintiffs bring this action to allege that their husband and father (the “Decedent”) passed away during a five-day all-inclusive guided bus tour to various U.S National Parks in Arizona and Utah after the Defendants failed to get the Decedent medic...

Excerpt: ...raged to appear by LA Court Connect rather than in person. BACKGROUND On September 15, 2020, Plaintiffs Hillary Kellams Lidestri and Dino Drummer filed a Complaint against Susan Medaglia Murphy, Esq., Advocate Legal, and unnamed Does, stating breach of contract and fraud claims. On December 15, 2020, Defendants filed a Motion to Transfer Venue of this case from the West District Santa Monica courthouse to the Central District Stanley Mosk courtho...

Excerpt: ...urred on August 9, 2017. On August 27, 2020, Defendants John Cohn and Tracey Phan (collectively “Defendants”) filed motions to compel responses to special interrogatories and demand for inspection and production of documents. No oppositions have been filed. Trial is set for September 23, 2021. PARTY'S REQUEST Defendants request court orders compelling Plaintiff to provide verified responses without objections to Special Interrogatories, Set O...

Excerpt: ...AL DEFENDANT 1605-25 W. OLY, LLC' MOTION TO REQUIRE PLAINTIFF TO POST A BOND PURSUANT TO CORP. CODE § 17709.02(B) NOMINAL DEFENDANT CURACAO, LTD.'S MOTION TO REQUIRE PLAINTIFF TO POST A BOND PURSUANT TO CORP. CODE § 15910.06 NOMINAL DEFENDANT DIR INTERNATIONAL CORPORATION'S MOTION TO REQUIRE PLAINTIFF TO POST A BOND PURSUANT TO CORP. CODE § 800(C Nominal Defendants 1605-25 W. Oly LLC, DIR International Corporation, and Curacao Ltd.'s Motions t...

Excerpt: ...ties' papers for and against reconsideration, reconsiders its October 6, 2020 oral ruling. The motion is granted. The default judgment entered on 9/24/18 is set aside. Defendant's proposed verified answer (see Exhibit A to Dow decl. filed 7/21/20) is deemed served this date. Defendant is ordered to file a stand‐alone version of his answer within 5 days. The court intends to set the matter for trial within 6‐9 months. Discussion On April 24, 2...

Excerpt: ...ages arising from a motor vehicle accident. The complaint alleges a cause of action for motor vehicle negligence and includes a prayer for punitive damages. Defendant now moves to strike the punitive damages. Defendant contends the complaint does not contain sufficient allegations to support a prayer for punitive damages. Defendant avers allegations of driving under the influence alone do not support a claim for punitive damages. In opposition, P...

Excerpt: .... On April 17, 2019, Plaintiff filed the operative First Amended Complaint (“FAC”). Defendant moves for an order striking Plaintiff's allegations for punitive damages, specifically Paragraph 15 and Plaintiff's prayer for punitive requests. Any party, within the time allowed to respond to a pleading may serve and file a notice of motion to strike the whole or any part thereof. (Cal. Civ. Proc. Code § 435 (b)(1).) The court may, upon a motion,...

Excerpt: ...ith contractual relations), 2 nd (declaratory relief), and 3 rd (breach of the covenant of good faith and fair dealing) causes of action in the first amended complaint (“FAC”) of Plaintiff Bogota Corporation (“Plaintiff”), along with other specific allegations. (Notice of Motion, pgs. 2-9; FAC ¶¶10, 13-28 and Prayer ¶¶1-8.) Defendant moves to strike these allegations on the grounds they arise out of Defendant's acts in furtherance of ...

Excerpt: ...default judgment is continued to March 1, 2021, at 8:30AM. Defendant Pure Skyline LLC (“Defendant”) moves under Code Civ. Proc. § 473(b) to set aside the February 25, 2020 entry of default and July 10, 2020 default judgment based on an attorney's declaration of fault. Plaintiff's request for judicial notice is granted. However, while the court may take judicial notice of the document, the court may not take judicial notice of the truth of it...

Excerpt: ...19 against Defendants Pyramid Technologies, Inc. (“Pyramid”) and Anthony Mavusi (“Mavusi”) (jointly, “Defendants”). Default was entered against Defendants on October 18, 2019, and a clerk's judgment for possession of the subject premises was issued on October 21, 2019. Defendants now move to vacate the default and the default judgment. Plaintiff opposes. On January 6, 2021, following oral argument at the original hearing on this matte...

Excerpt: ...SB 166 -- which was retroactively applied against charter cities by SB 1333 -- and Assembly Bill (“AB”) 101 (collectively “Housing Bills”) against City. State and Intervenors the Kennedy Commission's (“Commission”), Housing California (“HC”), and California Coalition for Rural Housing (“CCRH”) oppose. The court has read and considered the moving papers, oppositions, and reply, and renders the following tentative decision. A. S...

Excerpt: ...alty under Labor Code § 226 and for Related PAGA Civil Penalties; 4. Failure to Reimburse Work-Related Expenses in Violation of Labor Code § 2802 and for Related PAGA Civil Penalties; 5. Wrongful Termination in Violation of Public Policy; and 6. Violation of Unfair Competition Laws and Injunctive Relief. Defendant Cedars-Sinai Medical Center (hereinafter “Defendant”) moves for an order compelling Plaintiff to submit her individual claims to...

Excerpt: ... arbitration with Petitioner and Respondent, the arbitrator issued to Respondent an award of $335,983.42. (Motooka Decl., Ex. D at p. 17.) Petitioner paid Respondent $271,335.66, reflecting the arbitration award less the $50,000.00 payment by the third party and less $14,647.76 in medical payments that Petitioner says it had previously made. (Petition at p. 3.) On June 23, 2020, Respondent's counsel contacted the arbitrator for clarification of P...

Excerpt: ...aining a “buy-sell” provision allowing either party to buy out the other's interest. In 2014 defendant Horn, as trustee of the Janis F. Horn Trust, sued plaintiff Levy in a separate action (the 2014 action) alleging he wrongfully withdrew money from the companies. Horn argued that, because of the alleged misconduct, plaintiff forfeited buy-sell and management rights. Plaintiff argued the withdrawals were allowed, and he retained the buy-sell ...

Excerpt: ...tiffs, Kimberly Nicole Novak (“Novak”) and Aaron Benjamin Wolf (“Wolf”) (collectively, “Plaintiffs”) filed this action against Defendant, Lajwanti Choudhury (“Choudhury”) for damages arising out of an automobile accident. This matter has been consolidated with Case No. 19STCV20129 against Defendant Melinda Isagholi (“Isagholi”) for damages arising out of a subsequent accident. Defendant, at this time, moves to compel a neurops...