Excerpt: ...icate $502.50 and Section 6(a)(6) to indicate $52,929.38. Counsel for Defendant to give notice. STATEMENT OF THE CASE This is a breach of contract action. Plaintiff National Collegiate Student Loan Trust 2007-4 (“Plaintiff”) brings suit against Defendants Rita A Reedy and Somjai R Reedy (collectively, “Defendants”) alleging the following cause of action: 1. Breach of Contract. On March 18, 2019, Defendant Somjai R Reedy was dismissed. On ...

Excerpt: ... action: 1. Failure To Pay Wages (Cal. Labor Code §§201, 1194); 2. Failure To Provide Meal and Rest Periods (Cal. Labor Code §§226.7, 512); 3. Failure To Provide Itemized Wage and Hour Statements (Cal. Labor Code §§226, Et Seq.); 4. Waiting Time Penalties (Cal. Labor Code §§201-203); 5. Private Attorney General Act (Cal. Labor Code §2699, Et Seq); 6. Failure To Permit Inspection of Personnel and Payroll Records (Cal. Labor Code §1198.5)...

Excerpt: ...rts with counsel for Defendant in a reasonable and good faith attempt to informally resolve the discovery dispute before the motion was filed. Accordingly, the Court finds that Plaintiff engaged in an abuse of the discovery process. (Code of Civ. Proc. sections 2023.010(i); 2030.030(a).) The supporting declaration by Brady Anderson, counsel for Plaintiff, fails to mention any meet and confer efforts. On that basis alone, the motion is denied. In ...

Excerpt: ...n. Plaintiff American Express Centurion Bank ("Plaintiff') brings suit against Defendant David Divona aka David B. Divona ("Defendant') alleging the following causes of action: . Common Count: Book Account Account Stated; and Quantum Meruit-Reasonable Value. Plamtifffiled the instant Motion For Order Vacating Dismissal And Entering Judgment Against Defendants Pursuant To C.C.P. S 664.6 (the "Motion"). GROUNDS FOR MOTION Pursuant to Code of Civil ...

Excerpt: ...565 (Ex. E); 3. The following from Exhibit G (Defendant/Cross-Complainant's July 18, 2023 Deposition): pp. 24:13-33:12; 89:19-90:25; 91:8-12; 4. Document bates-stamped CONVOY02714 through CONVOY02716; 5. Document bates-stamped CONVOY03688; 6. Document bates-stamped CONVOY01796 through CONVOY01817; 7. Document bates-stamped CONVOY1854 through CONVOY1871; and 8. Document bates-stamped CONVOY06113 through CONVOY06115. The Court notes that, subject t...

Excerpt: ...intiff is the owner of Golden Horse Century LLC and a commercial condominium unit located at 2095 S. Atlantic Blvd, Unit K, Monterey Park, CA 91754 (the “Property”). (Compl. ¶1.) Plaintiff entered into a commercial lease agreement with Defendant Hanh Ti Bich Nguyen to rent the Property. (Id. ¶20.) Nguyen acquired a commercial liability insurance policy from Defendant State Farm General Insurance Company (“State Farm”), that listed Plain...

Excerpt: ...endant”) alleging a singular cause of action for breach of contract. Plaintiff filed the instant Motion for Leave to File First Amended Complaint (the “Motion”). GROUNDS FOR MOTION Pursuant to Code of Civil Procedure sections 473 and 576, Plaintiff moves to amend the Complaint to include a claim for unpaid rent accrued from March 2020 to January 2022 (the “Deferral Period”). DISCUSSION As an initial matter, Defendant does not oppose the...

Excerpt: ...al Law Corporations (collectively, “Plaintiffs”) bring suit against Defendants Valencia Fulfillment, Inc., Jose Corona, and Marisol Corona (collectively, “Defendants”) alleging the following causes of action: 1. Breach of Express Contract; 2. Constructive Trust/Unjust Enrichment; 3. Violation of Business and Professions Code §17200; and 4. Interference with Prospective Economic Advantage & Business Relations. On Jun 16, 2022, default was...

Excerpt: ...tion arises out of contract. Plaintiff State Farm Mutual Automobile Insurance Company brings suit against Defendant Jacquelyn Allen alleging the following cause of action: 1. Declaratory Relief. Plaintiff alleges that Defendant misrepresented and concealed material facts concerning an automobile collision occurring on or about June 4, 2019 and therefore seeks a declaration that “no rights, duties or obligations arose, exist, or may in the futur...

Excerpt: ...earing. Second, no proof of service has been filed indicating that a copy of the verified application has been served, in accordance with Code of Civil Procedure section 1013a , on all parties who have appeared in the cause and on the State Bar of California at its San Francisco office. (See Cal. R. Ct., 9.40(c).) Counsel for Plaintiff is ordered to give notice of the new hearing date and to file a proof of service indicating compliance with Cali...

Excerpt: ...inst Defendant Peter C Dohm ("Defendant') alleging the following causes of action: Breach of Agreement; . Account Stated; Open Book; 4. Money Lent; and Indebtedness. Plamtiff filed the instant Motion for Order. Truth of Matters Specified in Requests for Admissions Be Deemed Admitted (the "Motion"). GROUNDS FOR MOTION Pursuant to Code of Civil Procedure section 2033.280, Plaintiff moves for an order deeming admitted for all purposes at trial the t...

Excerpt: ...r September 12, 2023, are advanced to this date and vacated. The Court sets a Non-Appearance Case Review Re: Entry of Judgment for June 15, 2023 in Department 19 of the Stanley Mosk Courthouse. Counsel for Defendant Fedex Ground Package System, Inc. to give notice [This is an abbreviated version of the Court's full ruling that will be ultimately filed after hearing oral argument and a final decision is made.] STATEMENT OF THE CASE This is an empl...

Excerpt: ... is not grounds to overrule the demurrer, the Courts wnll address the merits. Legal Standard Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) VVhen considering demurrers, courts read the allegations liberally and in context. (Taylor v. Ci)' of Los Angeles Dept of Water and Power (2006) 144 CalApp.4th 1216, 1228.) The court "treatls] the demurrer as admitting...

Excerpt: ...2023, at 8:30 a.m. in Department 19 of the Stanley Mosk Courthouse. The Court DENIES Defendant Numero Uno Acquisitions, LLC's Motion to Continue Trial. Counsel for Defendant Numero Uno Acquisitions, LLC to give notice. STATEMENT OF THE CASE This is an employment dispute action. Plaintiff Mabel Aguilar ("Plaintiff') brings suit against Defendants Numero Uno Acquisitions, LLC ("Numero Uno"), Buy-Low Market, Inc„ and P.V. Mart Inc. (collectively, ...

Excerpt: ...ded Complaint within 5 court days of service of this ruling. Counsel for Plaintiffs to give notice. STATEMENT OF FACTS This is a habitability action. Plaintiffs Roberto Juarez, Juana Gabriela Juarez, Fernando Antonio Juarez, Andrew Rex Juarez, Arisbe Gomez Lopez, Daniela Ojeda Gomez, Joseph Frank Alamilla Gomez, and Hector Manzo Gomez, a minor by and through his guardian ad litem, Arisbe Gomez Lopez (collectively, “Plaintiffs”) bring suit aga...

Excerpt: ... Proposed Order and Proposed Judgment for March 17, 2023 in Department 19 of the Stanley Mosk Courthouse. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE This is a wrongful termination action. Plaintiff Olivia Hughes (“Plaintiff”) files suit against her former employer, Defendant Michaels Stores, Inc. (“Michaels”) and the employee of Defendant Michaels who supervised Plaintiff during her employment there, Defendant Jorge Doe (...

Excerpt: ...mstances here. 2. Plaintiffs John Doe #1 R.H. and John Doe #2 F.R.'s Application for an Order to Name and Serve Doe Defendant Pursuant to Code of Civil Procedure Section 340.1 is GRANTED. As an initial matter, while Plaintiffs, on September 26, 2022, filed a Notice of Lodgment indicating that the Certificates of Merit were lodged conditionally under seal, and lodged the Certificates of Merit with the Court, Plaintiffs also publicly filed the Cert...

Excerpt: ...arties may file a stipulation and order. Counsel for Plaintiffs to give notice. STATEMENT OF THE CASE This action arises out of alleged violations of the Labor Code including a Private Attorney Genera Act (“PAGA”) cause of action. Plaintiffs Nery Marroquin and Jose Castaneda (collectively, “Plaintiffs”) bring suit against Defendant Performing Arts Center of Los Angeles County (“Defendant”) alleging the following causes of action: 1. F...

Excerpt: ...t against Defendants Justin Gaines, Sandy Gaines, OMG Mgmt, LLC, and Jian M. Ye (collectively, “Defendants”) alleging the following causes of action: 1. Tortious And Contractual Breach of The Warranty of Habitability; 2. Private Nuisance; 3. Negligence; 4. Breach of the Implied Covenant of Quiet Enjoyment; 5. Trespass; 6. Violation Of Civ. Code § 789.3(A) – Interruption of Utility Services; and 7. Violation Of Cal. Bus. & Prof. Code § 172...

Excerpt: ...unga Villas Management Corp. (Plaintiff”) brings suit against Defendants Rasmik Boghossian, Hilda Boghossian, and Boghossian Family Trust, Trustee Rasmik Boghossian (collectively, “Defendants”) alleging the following causes of action: 1. Breach of Contract; and 2. Negligence. Defendants filed the instant Motion to Strike (the “Motion”). GROUNDS FOR MOTION Pursuant to Code of Civil Procedure sections 436 and 437, Defendants move to strik...

Excerpt: ...ng that they failed to repay a loan for $100,000.00 and intentionally misrepresented that they would repay the loan. On March 14, 2019, Plaintiff filed a Notice of Settlement of Entire Case. On June 27, 2019, pursuant to a motion for judgment brought pursuant to Code of Civil Procedure section 664.6, Judgment was entered against Defendants on the First Amendment Complaint for the principal amount of $125,000.00, attorney fees of $5,000.00, intere...

Excerpt: ... (collectively, “Plaintiffs”) bring suit against Defendants Rakhi Sinha, D.O., Dignity Health California Hospital Medical Center (“Dignity”), Grand Medical Associates, Inc. (“Grand Inc.”), VEP Healthcare, Inc. (“VEP”), Moses Salibian, M.D., Inc. (“Salibian Inc.”), Nicholas A. Rogers, M.D., Inc. (“Rogers Inc.”), Michelle Mekpongsatorn, CRNA, Nicholas A. Rogers, M.D., Thomas J. Cachur, Grand Medical Associates (“Grand”),...

Excerpt: ...notice. STATEMENT OF THE CASE This case arises out of an alleged unlawful detainer and forcible entry. In the First Amended Complaint (“FAC”), Plaintiff Brian Williams (“Plaintiff”) brings suit against seventeen named defendants and asserts fifty separate causes of action. Defendant Tyler Villicana (sued as Inglewood Police Officer, DOE Villicana, Badge Id #988 and in this official capacity as a Inglewood Police Officer, Individually) (he...

Excerpt: ...ZAHERI doing business as DIDAR GLOBAL TV” and include the revised figures granted below on or before April 11, 2022. Notice is waived as to Cross-Defendants Morton Mazaheri aka Mohammad Reza Mazaheri, Kiumarz Lenhard, Inc., Kiumarz Mazaheri, and Didar Global TV, who are in default. STATEMENT OF THE CASE This case arises out of legal malpractice. In the Cross-Complaint (“CC”), Cross-Complainant Mohammad Ali Talaie (“Cross-Complainant”) a...

Excerpt: ... STATEMENT OF THE CASE This is a wrongful termination case with a PAGA claim. Plaintiff Vicky Hoang (“Plaintiff”) brings suit against Defendants Scott Warmuth, APC (“Warmuth APC”) and Scott Warmuth (“Warmuth”) (collectively, “Defendants”) alleging the following causes of action: 1. 1. Pregnancy Discrimination in Violation of FEHA; 2. 2. Retaliation in Violation of FEHA; 3. 3. Failure to Prevent in Violation of FEHA; 4. CFRA Violat...

Excerpt: ...well to submit give notice. STATEMENT OF THE CASE This case arises out of breach of an agreement for sale of real property. Plaintiffs Thomas Blackwell and Elizabeth A. Blackwell bring suit against Defendants Charles P. Williams and Gerardo Borrego, Co- Trustees of A.J. Williams T.A.B 1997 Trust, and Jon Reeder, as Trustee, or Successor of Jon Reeder Separate Property Trust (collectively, “Defendants”) alleging the following causes of action:...

Excerpt: ...atricia Ka Yoko Nakahara (“Defendants”). Plaintiff alleges that from October 5, 2018 through February 15, 2019, Defendants purchased wholesale produce from Plaintiff's Assignor which Plaintiff's Assignor delivered to defendants at defendants' request on an open book account, whereby defendants became indebted to Plaintiff's Assignor in the net principal amount of $29,675.00. The Complaint filed on March 4, 2020 asserts causes of action for: 1...

Excerpt: ...must properly serve the Petition on Respondents in accordance with Code of Civil Procedure section 1290.4 as further discussed below. Counsel for The Regents of the University of California to give notice. STATEMENT OF THE CASE Petitioner The Regents of the University of California (“Petitioner” or “Claimant”) commenced an arbitration proceeding, AAA Case # 01-19-0002-6190, against Respondent Teenasaurus-Rox, Inc. and Respondent Michael B...

Excerpt: ..., 2020 arbitration award in its favor for $78,767.27 pursuant to JAMS Arbitration No. 1210036180 (the “Arbitration Award”), plus interest at the statutory rate. The instant Petition arises out of an arbitration that occurred between Petitioner Pinnacle Wireless, LLC ("Petitioner") and Respondents/Cross-Claimants RJ International Specialty, Inc. and Robert Yu according to a contractual agreement between the parties. GROUNDS FOR PETITION Petiti...

Excerpt: ...vantage claims. With respect to the defamation claim, the Court of Appeal remanded for a new trial, ordering that the jury be instructed on a per quod theory of liability. (Id. at p. 28.) The Court of Appeal reasoned that: We agree with Sonic that Statement No. 8 is not defamatory per se, and reverse the trial court's order denying nonsuit as to that cause of action. We agree with Mecredy, however, that he sufficiently pleaded a cause of action f...

Excerpt: ...r 3, 2014, Plaintiff Ronald Moore filed a Complaint to Quiet Title against Defendants Rosa Lars, Benny Newton, Dane Moore, Vincent Alva, Nancy Cardenas, T.B. Sanders Verzfco LLC, Old Republic Title Company, Pacific Escrow Inc., Blake Uradomo, Century 21 Allstars Inc., Maxres Inc., Joseph Garcia Villaescusa, Sandra Villaescusa, and Does 1-12. The Complaint seeks to quiet title to the real property at 7933 S. Morton Avenue, Los Angeles, CA 90001 (t...

Excerpt: ...roposed Third Amended Complaint (the “Proposed TAC”) would in effect overturn and relitigate the Court's November 8, 2019 ruling sustaining, without leave to amend, their demurrer to the Fifth Causes of Action for Intentional Interference with Prospective Economic Advantage as well as the Court's February 5, 2021 order granting the Ralphs Defendants' Motion for Summary Judgment as to the Sixth and Seventh Causes of Action because, by adding A...

Excerpt: ...es of action: 1. Discrimination In Violation Of Gov't Code §§12940 Et Seq.; 2. Retaliation In Violation Of Gov't Code §§12940 Et Seq.; 3. Failure To Prevent Discrimination And Retaliation In Violation Of Gov't Code §12940(K); 4. Failure To Provide Reasonable Accommodations In Violation Of Gov't Code §§12940 Et. Seq.; 5. Failure To Engage In A Good Faith Interactive Process In Violation Of Gov't Code §§12940 Et Seq.; 6. For Declaratory Ju...

Excerpt: ...fendants repredented that they would abide by the terms of a written contract to pay rent, but that Defendants had no intention to pay rent. Plaintiff complains that Defendants owe $118,800. On 12/15/2020, Cedric Severino (“Counsel” or “Movant”), counsel for Plaintiff, filed a “MC- 051” Notice of Motion and Motion to be Relieved as Counsel (“Motion”), a “MC-052” Declaration in Support of Attorney's Motion to be Relieved as Cou...

Excerpt: ...ung to give notice to all parties in both actions. STATEMENT OF THE CASE This case arises out of premises liability. On 02/04/2019, in Case No. 19STCV03767, Plaintiff Bu Cha Kwon (“Kwon”) filed a complaint (“Kwon Complaint”) against Defendant Jamie Chung (“Chung”) alleging that Plaintiff was injured on 10/12/2018 when a parking lot gate closed on her at one of Defendant's premises, located at 236 N. Catalina Street, Los Angeles, CA 90...

Excerpt: ... this action against Defendants Gilbert A. Cabot, Reo Group, Reo-Press Corps, AIM Worldwide, AIM Com-Arts, Papamom Properties, Tobac Music, Sundi Records, and PressCorps MediaPlus, Inc. on April 12, 2019, alleging causes of action for: 1. negligent misrepresentation; 2. sexual harassment; 3. declaratory relief; and 4. declaratory relief. GROUNDS FOR MOTION Defendants Gilbert A. Cabot and PressCorps MediaPlus, Inc. (“Defendants”) demur on the ...

Excerpt: ...nce must be filed on or before October 23, 2020. Notice waived as to Defendants, who are in default. STATEMENT OF THE CASE This case arises from a dispute between a lender, a borrower, and those affiliated with the borrower and involves breaches of contract and promises to repay monies lent. Plaintiff Bank of Hope (“Plaintiff”) alleges that Defendant California Averland Construction, Inc. (“Averland”) made, executed, and delivered to Plai...

Excerpt: ...ofit public benefit corporation.” (See Petition, p. 1, ¶ 1, Ex. A.) The Articles specify that the Foundation “is not organized for the private gain of any person.” (Id.) Rather, “[i]t is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes.” (Id.) Up until his death on 05/02/30, Michael J. Piuze served as the Foundation's sole director and exercised all the Foundation's powers as the board of directors o...

Excerpt: ... and Motion to Strike, as required under Code Civil Procedure sections 430.41, subsection (a) and 435.5, subsection (a), which state in pertinent part as follows: “Before filing a demurrer. . . the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the...

Excerpt: ...ation is GRANTED as to the third, fourth, fifth, sixth, seventh, eighth, and tenth causes of action. Summary adjudication is DENIED as to the first, second, and ninth causes of action. Plaintiff has raised a triable issue of material fact as to the definition of "deadline" and whether Defendants breached section 2 and 3 of the Note. Defendants are ordered to lodge a proposed judgment of dismissal consistent with this decision. Counsel for Defenda...

Excerpt: ...endant's proposed order. Counsel for Defendant to give notice. STATEMENT OF THE CASE This case arises in breach of contract. In the Complaint, filed 09/30/2019, Plaintiff F. Bari Nejadpour, Assignee of L.A. Law, Inc. (“Plaintiff”) alleges that Defendant Masoumeh Khayat Islami (“Defendant”) failed to pay outstanding amounts due under the attorney client retainer agreement with regards to various cases in Orange County. The Complaint allege...

Excerpt: ...dication is GRANTED as to the third, fourth, fifth, sixth, seventh, eighth, and tenth causes of action. Summary adjudication is DENIED as to the first, second, and ninth causes of action. Defendants are ordered to lodge a proposed judgment of dismissal consistent with this decision. Counsel for Defendants to give notice. 2. Motion No. 12: After full consideration of the papers and evidence filed, and inferences reasonably drawn therefrom, as well...

Excerpt: ...aintiff Gabriel Kamel (“Plaintiff”) brings suit against Defendants Joe Brown and Sally Brown (“Defendants”) for various alleged Labor Code violations arising out of Plaintiff's employment at Tomato Joe's Pizza Express and Tomato Joe's Pizza & Taps. The Complaint alleges causes of action for: 1. Breach of Contract 2. Breach of Implied Covenant of Good Faith and Fair Dealing 3. Violation of Labor Code section 200 et seq. and 500 et seq. 4. ...

Excerpt: ... case arose out of breach of contract. Plaintiffs Ehab Atalla and Atef Hanna, individually and as Trustees of the Hanna Family Trust, brought suit against Defendant/Cross-Complainant Artashes Ambartsumyan (“Defendant”) alleging a claim for breach of promissory note and seeking damages, recovery of collateral, and attorney's fees pursuant to Defendant's alleged failure to repay a debt under a promissory note and written guaranty. After a three...

Excerpt: ...sued as City of Los Angeles Department of Transportation for: 1. Negligence 2. Conversion 3. Trespass to Chattels GROUNDS FOR MOTION Defendant move this Court for leave to file a First Amended Answer to the Second Amended Complaint pursuant to Code of Civil Procedure Section 473 subd. (a)(1). More specifically Defendant seeks to amend its current Answer to the Second Amended Complaint by adding one paragraph. DISCUSSION “The court may, in furth...

Excerpt: ...r a continuance pursuant to Code of Civil Procedure, section 437c, subdivision (h), is GRANTED. The Court finds that Plaintiff has sufficiently established under CCP section 437c(h) that facts essential to justify his opposition may exist, but to no fault of his own, cannot be presented to the Court until the depositions are completed. The Court also finds that Plaintiff initially sought to conduct the depositions prior to filing the opposition t...

Excerpt: ... Defendant Rios moves the Court to vacate and or set aside the default due to” surprise, mistake, inadvertence, and excusable neglect.” DISCUSSION Section 473(b) provides, in pertinent part, that “[t]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neg...

Excerpt: ...g the specifications, use, stability, and weight) ; 3) how to transport the transformers with trailers; 4) staging of a transformer; 5) cribbing; 6) different ways to block a trailer; 7) common practices and procedures regarding the heavy hauling industry in California; and 8) facts and assumptions that Mr. Pickett relies on that are incorrect under the above categories. The Court agrees with the arguments by Defendant that the jury will decide t...

Excerpt: ... favor of Plaintiff is proper. Plaintiff requests the Court take judicial notice of the complaint, the answer, Plaintiff's motion to deem admitted, and the Court's ruling granting the motion. The requests are GRANTED. (Evid. Code § 452(d); Bockrath v. Aldrich Chemical Co., Inc. (1999) 21 Cal.4th 71, 83; Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) “A motion for judgment on the pleadings performs the same funct...

Excerpt: ...f the First Amended Complaint is DENIED in its entirety. Defendant's contention that it may avoid liability solely based upon Plaintiff's incorrect naming of her employer lacks merit. (Hawkins v. Pacific Coast Bldg. Products, Inc. (2004) 124 Cal.App.4th 1497, 1503). The initial complaint was brought against All Saints Healthcare, Inc. and Defendant admits it uses that name as a "dba." Here, no new defendant was added and notice of both th...

Excerpt: ... 9.40(b).) The application is incomplete and improperly verified. Additionally, the verified application of Jonathan D. Bletzacker and the declaration of current counsel Brian A. Lebrecht fail to comply with the requirements of Code of Civil Procedure section 2015.5. A verified statement must “(1), if executed within this state, state[ ] the date and place of execution, or (2), if executed at any place, within or without this state, state[ ] th...

Excerpt: ... address nor the appropriate person or office. In addition, Plaintiffs fail to allege estoppel in the Complaint and fail to establish that Defendant was required to inform Plaintiffs regarding the government tort claim procedures or forward misdirected claims. Further, Plaintiffs fail to establish that the Defendant made an affirmative representation or concealed facts to Plaintiffs thereby inducing reliance not to properly file a government clai...

Excerpt: ...te organization to conduct the arbitration if JAMS and AAA are not mutually agreeable. If the parties are unable to reach an agreement, they may petition the Court for a court-appointed arbitrator. (Code Civ. Proc. § 1281.6; 9 U.S.C. § 5.) The Court does not select an arbitration forum (Alan v. Superior Court (2003) 111 Cal.App.4th 217, 227), but rather selects an arbitrator and the rules of the arbitrator's forum shall govern. (HM DG, Inc. v. ...

Excerpt: ...rties who have appeared in this action. Lastly, Counsel's declaration does not state in general terms , without compromising confidentiality, why the motion is brought under Code of Civil Procedure section 284(2), rather than section 284(1). Moving party to give notice. ...

Excerpt: ...ount of $400 for reasonable expenses incurred. The Court finds that Defendant's failure to respond to an authorized method of discovery an abuse of the discovery process. Sanctions are warranted. (CCP sections 2023.010(d), 2030.290(b). ) Order signed this date. 2. Plaintiff Powermedia LLC's Unopposed Motion to Compel Responses to Form Interrogaries (Set One) by Defendant 6161 Santa Monica Associates, LTD ("Defendant") and Request ...

Excerpt: ...f has failed to fully comply with CRC 2.551(b)(1). First, there is no substantive memorandum. Second, the Declaration of Brandon Fernald only states that the parties have agreed to a protective order and makes reference to the Referee's report and recommendation, however it is not attached as Exhibit A . Yet this does not relieve the parties from complying with the requirements for an order to seal a court record. (See CRC 2.551(a).) The Cour...

Excerpt: ...ndants have failed to meet their burden that any of Plaintiff's claims fall within Code of Civil Procedure section 425.16. The request for a finding that the special motion to strike was frivolous and therefore an award of attorneys' fees to Plaintiff is warranted requires a separate noticed motion under section 128.5(f)(1)(A). “The reference to section 128.5 in section 425.16, subdivision (c), means a court must use the procedures and ...

Excerpt: ...cause of action. There are no allegations as to fraud or facts to establish promissory estoppel. Plaintiff failed to file an opposition. Leave to amend must be allowed where there is a reasonable possibility of successful amendment. Goodman v. Kennedy (1976) 18 Cal.3d 335, 348. The Court has no basis to believe that Plaintiff can successfully amend the complaint. Hence, leave to amend is not being granted. Counsel for Defendants to give notice. ...

Excerpt: ...Code of Civil Procedure section 1013a of a copy of the application and of the notice of hearing of the application on all parties who have appeared in the cause and on the State Bar of California at its San Francisco office.” (CRC 9.40(c)(1) (emphasis added).) Therefore, the Court shall grant the application once Defendants' counsel can demonstrate proper service and has filed the proof of service as required by Rule 9.40. The hearing is contin...

Excerpt: ... addition, Plaintiff may pursue alternative theories upon which relief is sought. Defendants fail to cite any authority that Plaintiff cannot state a common law breach of contract claim separately from a claim for statutory recovery under Civil Code section 1951.2. Defendants to Answer within 20 days. Counsel for Plaintiff to give notice. ...

Excerpt: ... the filing of the Complaint and seems to have abandoned the case. (Code of Civil Procedure section 585.410). Defendant to submit a Proposed Order, Proposed Judgment of Dismissal with prejudice, and give notice. 2. Defendants Aldridge Pite, LLP, Ariana Black, Annette I. Warren, Dave Dallal, John Duncan and Steven Pite's Unopposed Demurrer to Plaintiff's Complaint is SUSTAINED in its entirety without leave to amend. Plaintiff has not estab...

Excerpt: ... 25, 30), and being called "too sensitive" when she complained about harassment are sufficient. This is the pleading stage, and Defendant can explore the details of the alleged sex-based harassment, as well as whether the work environment was sufficiently hostile and abusive, in discovery. Defendant to Answer within 10 days. Counsel for Plaintiff to give notice. ...

Excerpt: ...ain to other vehicles and other warranty claims that are not relevant to plaintiffs' alleged defects pertaining to their specific vehicle (make, model and year). The Court finds that Plaintiffs have engaged in abuse of the discovery process. (CCP section 2023.010 (a),(c),(h), and (f).) The Court has previoulsy discussed at length, cautioned, and warned Plaintiffs' counsel's law firm, Strategic Legal Practices, APC, on numerous occasio...

Excerpt: ...s regarding fraud committed by Fantasy Cookie and changes the fifth cause of action for fraud to three causes of action for intentional fraud, negligent misrepresentation, and concealment. The FACC also removes the cause of action for breach of contract. It appears that the entire premise of Bar Bakers' motion is that “Fantasy Cookie was also surreptitiously negotiating with Encore to unilaterally set its business” and constitutes “new info...

Excerpt: ...mplied with the claims statutes. The demurrer is SUSTAINED without leave to amend as to the fourteenth cause of action for defamation. Defendant is correct that the tort claim does not reference defamation. The demurrer is also SUSTAINED without leave to amend as to the sixth cause of action for intentional infliction of emotional distress, as Plaintiff has failed to allege facts supporting severe or extreme emotional distress. Defendant to Answe...

Excerpt: ...ust 2017, even though the action was filed on January 24, 2017. The first Case Management Conference was conducted on May 9, 2017, and the Court gave the parties additional time to start discovery before setting the matter for trial. Plaintiff failed to diligently take advantage of the additional time given and now wants a trial continuance. Plaintiff has not demonstrated an excused inability to obtain discovery (Cal. Rules of Court, Rule 3.1332(...

Excerpt: ...ertains to the timing of other discovery methods in this litigation. Plaintiff proposed dates for the weeks of April 23 and April 30, to which the Court cannot find any response by Defendant in any of the email messages submitted by the parties, other than an objection to the timing, after it was clear that Plaintiff wanted to proceed with the deposition. In addition, it is unclear to the Court what specific "health issues" and "chall...

Excerpt: ...ndants filed the underlying complaint in this action to discriminate against De Jesus (FACC paragraph 22). Thus, the second cause of action clearly arises out of protected activity. Cross-defendants have met their burden to establish that the second cause of action falls within CCP section 425.16. Cross-Defendants are awarded reasonable attorneys' fees in the amount of $4,966.50 and costs in the amount of $60.00. Cross-Defendants to submit a prop...

Excerpt: ...falling under fraud, malice or oppression within the meaning of Civil Code section 3294, entitling plaintiffs to exemplary damages. [“The pleadings sufficiently allege facts setting forth long existing physical conditions of the premises which portend danger for the tenants. The pleadings also set out that respondents knew of those conditions for up to two years, had power to make changes, but failed to take corrective and curative measures. If...

Excerpt: ...s. The Court finds that Defendants have engaged in abuse of the discovery process by failing to sufficiently respond in good faith to valid discovery requests with complete answers, and failing to meet and confer. (Code of Civil Procedure section 2023.010(d), (f) and (i)). The Court also finds that Defendants failed to respond to Plaintiff's Counsel's detailed meet and confer letter dated December 12, 2017. Monetary sanctions in the amount of $76...

Excerpt: ...f's arguments unreasonable and unpersuasive, and further finds that Plaintiff has engaged in the abuse of the discovery process for failing to properly respond to a valid method of discovery by asserting unmeritorious objections and opposing this motion without substantial justification. (CCP section 2023.010(e), (f) and (h). ) Sanctions are warranted against Plaintiff in the amount of $3,560 and awarded to Defendants for reasonable expenses ...

Excerpt: ...ault. Proofs of Service filed January 10, 2018, indicate substitute service for Gaylord Cabunoc Rivera, Agent for Service of Process of Defendant Optima Health Care Services, Inc., via Mrs. Rivera, wife and co-occupant, on December 29, 2017 at 327 1/2 Prospect Ave., Long Beach, CA 90814. Default was entered March 1, 2018. As to Optima Health Care Services, Inc., the proof of service indicates attempted substitute service via Defendant's agent for...

Excerpt: ...tinuing the hearing and permitting Defendant an opportunity to respond, Defendant shall not be prejudiced by the late‐filed opposition. Additionally, the Court will address the petition on the merits, rather than grant the motion as unopposed. Plaintiff's Opposition has challenged the authenticity of the arbitration agreement, shifting the burden to Defendant. (Espejo v. Southern California Permanente Medical Group (2016) 246 Cal.App.4th 1047, ...

Excerpt: ...d confer declaration as described by section 435.5(2) by no later than May 4, 2018. Moving party to give notice. ...

Excerpt: ...ly spells Defendant Neil Licos' last name in section 5. Petitioner to give notice. ...

Excerpt: ...en of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates. To that end, the court may require defendants to produce records sufficient to provide a proper basis for determining how much time was spent on particular claims. The court also may properly reduce compensation on account of any failure to maintain appropriate time records.” (ComputerXpress, supra at 1020.) Given Defendant's conclusory d...

Excerpt: ...yable to Plaintiff through Plaintiff's counsel of record within 20 days. The Court finds that Defendant has engaged in abuse of the discovery process by failing to respond to valid methods of discovery and monetary sanctions are therefore warranted to Plaintiff for reasonable expenses incurred. (CCP sections 2023.010(d) and 2023.030). Plaintiff to submit a proposed order within 5 court days, and give notice. ...

Excerpt: ...fs regarding the subject vehicle (RFP No. 12); 3) Based upon the ruling for RFP No. 12, and Defendant's position, the motion is denied as for the requests as drafted for RFP Nos. 17, 20, 22, 23, 24, 25, 26, 27, 42, 45, 47, 48, 49, 50, and 51. The requests are overbroad, unduly burdensome, oppressive and irrelevant or not calculated to lead to the discovery of admissible evidence; and 4) The motion is denied as to RFP Nos. 75, 76, 77, 78, 79, ...

Excerpt: ...bian clearly had notice of. Plaintiff's current counsel has no personal knowledge of the reasons for prior counsel's actions or inactions. Plaintiff has failed to meet its burden here. (Kendall v. Barker (1988) 197 Cal.App.ed 619, 624; Garcia v. Hejmadi (1997) 58 Cal.App.4th 674, 682; Zamaro v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 258). Moving party to give notice. ...

Excerpt: ...ear further argument on: 1) whether unjust enrichment can be a "remedy" under any other cause of action asserted by Plaintiffs if it cannot stand alone as a cause of action; and 2) whether the sixth cause of action may be asserted by Plaintiff Fantasy Cookie. Summary adjudication is DENIED as to all other claims at issue in their entirety. f II II. The Motion for Summary Judgment or, in the Alternative, Summary Adjudication by Defendant G...

Excerpt: ...ds that proper substitute service was not accomplished. Based upon the evidence presented, Plaintiff failed to comply with the mailing requirements of CCP section 415.20. Plaintiff 4 Streets Co‐Op of RTE has not sufficiently shown that the summons and complaint were properly mailed to the defendants. Moving parties to submit proposed orders to Dept. 19 within 5 court days and give notice. NOTE: The Case Management Conference for this case and t...

Excerpt: ...ursuant to Code of Civil Procedure section 1281.6 is DENIED as premature. Defendants should attempt to find a mutually acceptable retired Superior Court Judge first. If an agreement cannot be reached, Defendants may bring this issue before the Court again. A Status Conference Re: Arbitration is set for June 5, 2018, 8:30 a.m. Counsel for Defendants to submit a proposed order within 5 court days and give notice. ...

Excerpt: ......

Excerpt: ...e notice. ...

Excerpt: ...Defendants are ordered to fully comply with the requirements of Code of Civil Procedure section 430.41, and file and serve a compliant declaration demonstrating a meaningful effort to meet and confer no later than February 2, 2018. Moving party to give notice. ...