Excerpt: ... to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” ( Aguilar v. Atlantic Richfield Co . (2001) 25 Cal.4th 826, 843.) “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the c...

Excerpt: ...era Event Venue, Inc. failed to timely respond to Form Interrogatories, Set One, due to counsel's mistake, inadvertence, or excusable neglect. Due to a conflict in representation, Cullins & Grandy LLP will no longer be representing Modera Event Venue, Inc. In the process of transferring representation to new counsel, Cullins & Grandy LLP failed to timely serve a response to Form Interrogatories, Set One. This Motion is brought pursuant to Code of...

Excerpt: ...tice of an additional six exhibits. All the documents are court records or recorded real property instruments subject to judicial notice of their contents a nd legal effects, but not the truth of the matters asserted therein, under Evidence Code section 452. The court grants all requests for judicial notice as to the documents' existence and legal effects. Discussion Cook and Devin argue all causes of action against them are untimely. Judgment on...

Excerpt: ...LAINTIFFS' MOTION FOR JUDGMENT ON THE PLEADINGS IS DENIED. PLAINTIFFS TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:00 am on the day of the hearing. The Court considers the moving papers, opposition, and reply. BACKGROUND On August 1, 2022, Plaintiffs Zia Abhari and Donya Entertainment, Inc. sued Defendants Farmer...

Excerpt: ... FACTUAL BACKGROUND This is an action for breach of contract related to renovation defects. The Complaint alleges as follows: Plaintiff Daniel Chu (“Plaintiff”) purchased a home (the “Subject Property”) from Defendant GRCA2 (“GRCA2”) in 2014 pursuant to a Residential Purchase Agreement (“RPA”). (Compl. ¶ 9.) GRCA2 and Defendant Gerry Wiener (“Wiener” and together with GRCA2, “Movants”) assured Plaintiff that the work done...

Excerpt: ...se of action for declaratory relief remains. Requests for Judicial Notice Cook and Devin request judicial notice of four exhibits. Plaintiffs request judicial notice of two exhibits. All documents are court records subject to judicial notice under Evidence Code section 452(d). The court grants all requests for judicial notice. Summary of Allegations Plaintiffs' complaint arises from a dispute over two parcels of real property: assessor's parcel n...

Excerpt: ...'s motion for summary judgment. On March 18, 2024, Plaintiff filed a motion for leave to file the First Amended Complaint. No opposition has been filed. Legal Standard CCP § 472(a) provides “[a] party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is h eard if the amended pl...

Excerpt: ...plainant Jeremy Wizman Notice: OK Ruling: Plaintiffs' Motion for Leave to Augment Expert Witness Reports is DENIED. Defendants' Request for Discovery Sanctions is GRANTED BACKGROUND Plaintiffs and Defendants are adjoining landowners. Plaintiffs allege Defendants undertook a significant renovation project on their property that was unpermitted and done without engineering calculations, rendering the entirety of the work illegal and dangerous. Plai...

Excerpt: ...23, Defendant Ralphs Grocery Company (erroneously sued as “Ralphs Grocery Company, a Corporation”) filed its answer. On July 28, 2023, Yen filed his answer. On March 22, 2024, Ralphs filed the instant motion. On April 4, 2024, Plaintiff filed her opposition. On April 11, 2024, Ralphs filed its reply. Legal Standard Generally, a party must file a cross -complaint against any of the parties who filed the complaint or cross - complaint against h...

Excerpt: ...t rather than in person due to the COVID -19 pandemic. Plaintiff Delia Alvino seeks leave to file a first amended complaint. Plaintiff states that “[t]he proposed FAC differs from the Complaint in three primary aspects. First, the FAC adds Plaintiff's husband, Alfred Alvino, as a plaintiff. Defendants Sunrun Inc. and Sunrun Installation Services Inc. (collectively, ‘Sunrun') prompted the addition of Mr. Alvino to this case by way of Sunrun's ...

Excerpt: ... for injuries arising from Plamtifffalling off a ladder. Plamtiff filed an amendment to complaint naming Shahe Terjimanian as Doe 1, At this time, Plaintiff seek leave to file a First Amended Complaint ("PAC") to add a third cause of action for Uninsured Employer & Negligence Pursuant to California labor Code 3700 & 3706, and fourth cause of action for negligence per se, in addition to seeking damages. Anahid Terjlmanian and Shahe Terjimanian ("D...

Excerpt: ...wherein the Opposition states that sanctions are still at issue. Opposition cites CCP § 2025.420(h) which states, “The court shall impose a monetary sanction under Chapter 7 (commencing with § 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the impositi...

Excerpt: ... and twenty-third affirmative defenses. The motion is moot as to the twenty -first and twenty -fifth affirmative defenses, and is denied as to the remaining affirmative defenses. On October 4, 2021, Plaintiffs Robert Drummond and Robert Drummond, MD, PHD, P.C. filed the operative Complaint against Defendant General Motors, LLC (Defendant GM) and Symes Cadillac, Inc. for (1) breach of express warranty under Song -Beverly Act, (2) bre ach of implie...

Excerpt: ...e, Defendant's request is unnecessary and the Court declines to rule on the request. Legal Standard The purpose of a motion for summary judgment or summary adjudication “is to provide courts with a mechanism to cut through the parties' pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) “Code of Civil Procedu...

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: ...ff is awarded judgment for possession of the property and $165,000 in holdover damages plus costs. BACKGROUND On August 20, 2021, plaintiff Adrienne L. Spruth filed an unlawful detainer complaint against Mark J. Spruth based on tenancy at will and a 30- day notice to quit as to property at 26202 Grayslake Road, Rancho Palos Verdes. On October 8, 2021, the court denied defendant's motion to quash service of summons. On December 17, 2021, the court...

Excerpt: ...PAPERS 1. Plaintiff's Memorandum of Points and Authorities in Opposition 2. Plaintiff's Separate Statement of Disputed and Undisputed Material Facts 3. Declaration of Josephine D. Far in Support 4. Table of Evidence in Support REPLY PAPERS 1. Defendant's Reply 2. Defendant's Response to Plaintiff's Undisputed Material Facts BACKGROUND On September 2, 2021, Plaintiff Jose Luis Antonio Guerra Guerra (“Plaintiff”), filed this action against Defe...

Excerpt: ...TS' MOTION FOR SUMMARY ADJUDICATION AS TO ALL ISSUES ARE DENIED. DEFENDANT TO NOTICE. If the parties wish to submit on the tentative, please email the courtroom at [email protected] with notice to opposing counsel (or self -represented party) before 8:30 am on the day of the hearing. The Court considers the moving papers, opposition, reply, and supplemental briefs. [1] BACKGROUND On November 10, 2022, Plaintiff Sajith Weerasignhe sued Defenda...

Excerpt: ...opposed motion for summary judgment, filed on December 15, 2023. No opposition has been filed as of the time of posting this tentative. Defendant Lincoln moves for summary judgment on the grounds that: (1) it did not owe Plaintiff a duty to warn or fix the alleged dangerous condition, (2) the alleged dangerous condition was open and obvious and (3) it was not necessary for Plaint iff to encounter the alleged dangerous condition. The motion for su...

Excerpt: ...al malpractice action. On September 7, 2021, plaintiff Jennifer Alcox, individually and as successor in interest to decedent Yvonne Alcox (Plaintiff), filed this action. On September 14, 2023, Plaintiff filed the operative Second Amended Com plaint against defendants Emanate Health Medical Center dba Queen of the Valley Hospital (Queen of the Valley), Augen Batou, D.O. (Dr. Batou), Adel Sandouk, M.D. (Dr. Sandouk), and Does 1 through 100, allegin...

Excerpt: ...o 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 March 18, 2021, Plaintiff D&M Restaurant Group, Inc. filed the operative First Amended Complaint for (1) negligence, (2) breach of contract, and (3) breach of the implied covenant of good faith and fair dealing. Plaintiff's primary allegations are as follows. Plaintiff owned a s...

Excerpt: ...ff Albert Agdaian owned certain real property at 7373 Perigord Court, Tujunga. The common areas were managed by homeowner association Defendant Renaissance Maintenance Corp. In March 2022, sold the residence. Upon the close of escrow, $67,153 was pa id to Defendant homeowner association for purported landscape repairs. Plaintiff contends no repairs were actually completed, and challenges the reasonableness of the amount. On July 12, 2022, Plainti...

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: ...n as to each of Plaintiff's causes of action. The Court DENIES Freshman's motion for summary judgment. The Court DENIES Freshman's motion for summary adjudication. Background This is a landlord- tenant case. Plaintiff lived at 404 N. Maple Drive, Unit 302 (the “Property”) for roughly nine years. Plaintiff alleges that the Property suffered a number of issues including mold growth, asbestos exposure, and inadequate flooring and soundproofing, ...

Excerpt: ...o., LLC (“NAI”). Plaintiff tripped on ADA mats outside La Mexicana Meat Market, that were installed by NAI. In this action, Defendant /Cross -Complainant Poiema Enterprise, Inc. dba La Mexicana Meat Market (“PEI”) filed a previous motion for determination of a good faith settlement. The Court denied the motion. (See Min. Order, 12/13/23.) PEI now moves again for an order that the settlement entered between Plaintiff Ameila Aguilar (“Pla...