Excerpt: ...n of Business Records Issued to Kaiser Permanente, Request for Monetary Sanctions is GRANTED. The Court imposes sanctions against Plaintiffs and their counsel of record, jointly and severally, in the amount of $3,150.00 payable to Defendant, via its counsel of record, within 60 days. Background On July 28, 2020, Plaintiffs Reference Watch LLC, Courtney Ormond, and Leszek Garwacki filed this action against Defendant Jewelers Mutual Insurance Compa...

Excerpt: ...om Bell's Redlands Chrysler Dodge Jeep Ram) (“Tom Bell”) for (1) violation of subdivision (d) of Civil Code Section 1793.2, (2) violation of subdivision (b) of Civil Code Section 1793.2, (3) violation of subdivision (A)(3) of Civil Code Section 1793.2, (4) breach of express written warranty (Civ. Code, § 1791.2, Subd. (a); § 1794), (5) breach of implied warranty of merchantability (Civ. Code, § 1791.1; § 1794; § 1795.5) (6) fraudulent in...

Excerpt: ...eement, and the 2015 Agreement states it supersedes all prior arbitration agreements, (Rubalcava Decl. Ex. B § 6), the Court orders the parties to arbitration pursuant to the terms of the 2015 Agreement. This action is STAYED pending the outcome of arbitration. A Status Conference re Initiation of Arbitration is scheduled for August 11, 2022 at 8:30 a.m. Background On November 18, 2021, Plaintiff Jose Antonio Cordova filed this action against De...

Excerpt: ...e request to strike either the sixth or eighth cause of action as duplicative, as well as paragraphs 71 and 84 and otherwise DENIED. Background On October 15, 2021, Plaintiff Jane Doe filed this action. The operative Second Amended Complaint, (“SAC”), names Empire View Homes, LLC, CREI Manager, LLC, and Steven Raymond Short as Defendants. The SAC asserts twelve causes of action arising out of Plaintiff's tenancy at a residential property owne...

Excerpt: ...or any cloud on Plaintiff's title thereto. The First Amended Complaint, filed on March 19, 2021, asserted causes of action for: (1) quiet title; (2) intentional interference with contract; (3) negligent interference with contract; (4) intentional misrepresentation; (5) declaratory relief; (6) breach of oral agreement; (7) retaliation in violation of public policy; (8) undue enrichment; and (9) money had and received. Plaintiff alleged that Defend...

Excerpt: ...e causes of action: (1) Financial Elder Abuse, (2) Accounting, (3) Conversion, (4) Intentional Misrepresentation, (5) Negligent Misrepresentation, (6) Cancellation of Instrument, (7) Constructive Trust, (8) Breach of Oral Contract, and (9) Quiet Title. Plaintiffs allege that Defendant wrongfully obtained a Quit Claim Deed of the subject property from their mother prior to her death. Plaintiffs allege that Defendant is intending to sell the subjec...

Excerpt: ...ex located at 14715 & 14719 Chadron Avenue, Gardena, CA 90249 (the “Property”). Initially, the 53 individual Plaintiffs in this action filed two prior underlying cases that were consolidated into one (the “Underlying Action”) and were brought against Turnstone and other parties, including the owners of the Property. Again, those claims arose out of underlying allegations of uninhabitable conditions at the Property which was managed by Tur...

Excerpt: ... April 3, 2023 at 8:30 a.m. and the trial is CONTINUED to April 17, 2023 at 10:00 a.m. Background On February 10, 2020, Plaintiff Sergey Knazev filed this action against Proactive Construction, LLC, Donnie Matthew Stallman dba “Proactive Construction”, and Business Alliance Insurance Company, as Surety for Proactive Construction, LLC asserting claims for breach of contract, negligence, fraud, conversion, declaratory relief, and unfair competi...

Excerpt: ...ntiff Joseph Scamardo, by and through his Successor in Interest Briana Scamardo, filed this action against Defendants Pacific View of Ventura, Inc. and Yaacov Isaacs. The complaint asserts causes of action for elder abuse, negligent hiring and supervision, and negligence arising out of Joseph Scamardo's residence in Defendants' residential care facility. Motion to Compel Further Responses Plaintiff moves the Court to compel further responses to S...

Excerpt: ...., 5445 Lankershim Boulevard Apartment Investors, LLC, NOHO 14. The First Amended Complaint asserts causes of action for: (1) Conversion, (2) Trespass to Chattel, (3) Breach of Contract, (4) General Negligence, (5) Constructive Eviction, and (6) Violation of Business and Professions Code § 17200. Plaintiffs allege that after a pipe burst in the Plaintiff's unit, the Defendants needed to enter the repair. However, after entering it, the Defendant...

Excerpt: ...ons to tax. Background On April 9, 2019, plaintiffs Bryan Albright and Tracy Germain (“Plaintiffs") filed a complaint against defendants Mercedes-Benz USA, LLC, and Keyes European, LLC, alleging breach of express and implied warranty obligations under the Song-Beverly Consumer Warranty Act. On September 20, 2021, Plaintiff filed a Notice of Settlement of Entire Case. Motion On June 3, 2022, Plaintiffs filed the instant motion for attorneys' fee...

Excerpt: ... After several Doe substitutions, the Complaint asserts causes of action for breach of employment agreement and declaratory relief against Defendants Kaiser Permanente, Medipro Medical Staffing, Southern California Permanente Medical Group, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, and AMN Healthcare, Inc. APlaintiff alleges she is a Registered Nurse, immediately employed by Medipro, who entered into a written employment c...

Excerpt: ...ywood Blvd. Los Angeles, CA 90028. Motion On April 18, 2022, Specially Appearing Defendant Diego Gonzalez filed a motion to quash service of summons and complaint arguing Plaintiff failed to serve him via personal service or substitute service as alleged in the proof of service of summons filed on March 10, 2022. Evidentiary Objections Each of Defendant's evidentiary objections in reply are OVERRULED. Request for Judicial Notice In opposition, Pl...

Excerpt: ...ess Records to Betty J. Smith; Request for Attorney's Fees and Sanctions Against Defendants and/or Their Attorneys of Record in the Amount of $3600 is DENIED in its entirety. The Court declines to impose sanctions. Background On July 18, 2018, Plaintiff Tabitha Lawson filed a complaint against Defendant Los Angeles Unified School District. The complaint alleged eight causes of action: (1) Discrimination, (2) Failure to Reasonably Accommodate, (3)...

Excerpt: ...ndividually and as trustee of the Stewart Family Trust, the Stewart Family Trust, and Robert Stewart. The complaint asserted causes of action for: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) declaratory relief; (4) specific performance; (5) unjust enrichment; and (6) violation of Civil Code section 1942.5. On October 5, 2021, the Court issued its ruling after trial. The Court entered judgment on ...

Excerpt: ...., Kitross Apparel Los Angeles, LLC, and Christopher Lee. Plaintiff alleges Defendant Fraiser Ross promised to share proceeds from their partnership and two lawsuits Ross was involved in. After the parties created a successful business, Ross allegedly looted Kitross Apparel Los Angeles, LLC and secretly settled the portions of the lawsuits to avoid paying Plaintiff. On November 18, 2020, Plaintiff filed the operative First Amended Complaint, (“...

Excerpt: ...d This action arises from Defendant's tree roots crashing onto Plaintiff's property, causing damages. On August 11, 2021, Plaintiff Mary J. Kling, individually and as assignee of Cliffwood LLC filed a complaint against Defendant 170 Cliffwood LLC for (1) negligence and (2) trespass. On November 10, 2021, the Court (Judge Mooney in Dept. 68) denied Plaintiff's motion for trial preference without prejudice. On March 24, 2022, default was entered ag...

Excerpt: ...int alleged three causes of action: (1) Recovery of Possession of Personal Property, (2) Conversion, and (3) Violation of Penal Code § 496(b). Plaintiff owns an antique business and buys and sells various items. Plaintiff's business was burglarized and some of the items stolen were listed by Defendant pawn shops on eBay. Defendants have failed to withdraw claim to title and/or possession of two of the stolen items. Plaintiff moves the Court for ...

Excerpt: ...l as in 21STCV38453 and 22STCV02995. (Cal. R. Ct., rule 3.350(c).) The parties shall file all subsequent documents in the lead case only. (Ibid.) The parties are reminded to comply with California Rules of Court, rule 3.350(d) in captioning all future documents. Background and Cases at Issue On October 13, 2021, Plaintiff Hubert Bordenave, individually and as trustee of the Hubert J. Bordenave Revocable Trust, filed this action against Defendants...

Excerpt: ...ponses without objection consistent with the Court's ruling herein within 20 days. Background On August 22, 2019, Plaintiff The Wonderful Company LLC, on behalf of itself and other similarly situated, filed a complaint against Defendants Anthem Blue Cross Life and Health Insurance Company and Lucile Packard Children's Hospital Standard. The operative First Amended Complaint asserts causes of action for: (1) breach of the implied covenant of good ...

Excerpt: ... a single cause of action for malicious prosecution arising out of allegations that Defendants initiated a civil action, LASC Case No. BC715411, for breach of warranty of habitability, negligence, nuisance, and intentional infliction. Plaintiffs allege that case should not have been filed because a binding settlement agreement related to a prior unlawful detainer action precluded such claims. Plaintiff Levik Amirkhanian It appears Plaintiff Levik...

Excerpt: ...2.1, 12.6, and 12.7 within 20 days. Defendant Shlomo Rechnitz and his counsel of record, jointly and severally, are ordered to pay sanctions to Plaintiff , by and through counsel of record, in the amount of $1,110, within 20 days. Background On August 30, 2021, Plaintiff Angela Shalome Streat Wilson, by and through her Guardian ad Litem, Megan Frilot filed this action against Defendants Shlomo Rechnitz, The Healthcare Center of Down, LLC, Rechnit...

Excerpt: ...ldwin Park, Shannon Yauchzee, Rose Tam, Laura Thomas, Manuel Lozano, Michael Taylor, and Benjamin Martinez: (1) wrongful termination of employment in violation of Labor Code § 1102.5 (wage complaints); (2) wrongful termination of employment in violation of Labor Code § 1102.5 (fraud complaints); (3) discrimination on the basis of race in violation of FEHA; (4) harassment on the basis of race in violation of FEHA; (5) retaliation on the basis of...

Excerpt: ...s action were residents the previously noted apartment complex located at 14715 & 14719 Chadron Avenue, Gardena, CA 90249 (the “Property”). Initially, the 53 individual Plaintiffs in this action filed two prior underlying cases that were consolidated into one (the “Underlying Action”) and were brought against Turnstone and other parties, including the owners of the Property. Again, those claims arose out of underlying allegations of uninh...

Excerpt: ...ns; Baskin-Robbins USA, LLC (a Delaware corporation); Mohammed Isfaq Khah, and Does 1-50. The Complaint alleges the following: 1. Harassment based on Sexual Orientation (Gender) (Govt. Code § 12940(j)1) 2. Disparate Treatment (Gender Discrimination) (Govt. Code § 12940(a)) 3. Failure to Prevent Harassment in Violation of Government Code Section 12940(k) 4. IIED 5. Civil Assault 6. Constructive Termination 7. Retaliation in Violation of Governme...

Excerpt: ...s of the Brian & Michelle McGoldrick 2013 Trust dated May 28, 2013 (“The McGoldricks”) allege as follows: The McGoldricks own the property located at 1946 Foothill Boulevard in La Canada-Flintridge, California; Defendants Leonard B. Torres and Anita Susan Brenner, individually and as Co-Trustees of the Torres Family Living Trust U/D/T 9/28/99 (“The Torres”) own the adjacent property located at 1944 Foothill Boulevard in La Canada-Flintrid...

Excerpt: ... Documents, Set One, and Request for Sanctions is GRANTED. Plaintiff Amber Awni is ordered to serve verified, code compliant responses within 20 days and to produce all responsive documents within 30 days. All objections are deemed waived. Amber Awni and her attorney of record, jointly and severally, are ordered to pay sanctions to Defendant Lion Real Estate Group, LLC, by and through counsel of record, in the amount of $400, within twenty days. ...

Excerpt: ...ession of the records, a description of the records, and the party who is seeking the records, as well as time and place of the hearing. (Evid. Code § 1043, subd. (b)(1).) The motion must be accompanied by a declaration: showing “good cause” for disclosure of the records; setting forth the materiality of the records; and stating upon reasonable belief that the governmental agency has the requested documents. (Evid. Code § 1043, subd. (b)(3)...

Excerpt: ...nt is ordered to serve verified, code compliant responses to Special Interrogatory 54 within 5 days of notification of the identification of the mailing house. Defendant and its attorney of record, jointly and severally, are ordered to pay sanctions to plaintiff, by and through counsel of record, in the amount of $3,060, within twenty days. Background On August 30, 2021, Plaintiff Angela Shalome Streat Wilson, by and through her Guardian ad Litem...

Excerpt: ...eging six causes of action: (1) violation of Labor Code §§ 1182.12-1194 (minimum wage), (2) violation of Labor Code § 226(a) (non-compliant wage statements), (3) violation of Labor Code §§ 200-204 (waiting time penalties), (5) unjust enrichment, and (6) quantum meruit. Plaintiff served in an Of Counsel role for Defendants and alleges she was misclassified as an independent contractor. On July 2, 2021, Defendant Zuber Lawler & Del Duca, LLP f...

Excerpt: ... Heriberto Polanco filed this action against Defendants FCI Lender Services, Inc. and MTGLQ Investors, L.P. asserting six causes of action under the mortgage provisions of the Civil Code, a claim under Business and Professions Code § 17200, and a claim for cancellation of written instruments. Plaintiff's claims relate to real property located at 12024 Gurley Ave., Downey, CA 90242. On April 14, 2022, Plaintiff dismissed Defendant MTGLQ Investors...

Excerpt: ...CV35765. (Cal. R. Ct., rule 3.350(c).) The parties shall file all subsequent documents in the lead case only. (Ibid.) The parties are reminded to comply with California Rules of Court, rule 3.350(d) in captioning all future documents. The court will not be in session on May 31, 2022. If the parties do not submit on this tentative ruling, the hearing will be continued to June 1, 2022 at 8:30 a.m. Background On January 25, 2021, Plaintiff Gloria Br...

Excerpt: ... action against Defendants Medtronic, Inc., and Dana Diment asserting various FEHA and employment related violations based upon Plaintiff's disability. On July 22, 2021, the Court granted attorney Geoffrey C. Lyon's motion to be relieved as counsel for Plaintiff and Plaintiff became an unrepresented litigant. Motion for Terminating Sanctions Defendants Medtronic, Inc. and Dana Diment move the Court to dismiss the complaint with prejudice as a ter...

Excerpt: ...ntry LTD., LLC, JKT, Inc., and Wayne Young. On March 18, 2022, Plaintiff dismissed JKT, Inc. without prejudice. The complaint asserts causes of action for: (1) negligence – wrongful death; and (2) negligence – survivor's action. The complaint alleges Duncan Campbell, a resident at the Mariposa Apartment, died from stab wounds inflicted by Defendant Wayne Young while on the premises. The complaint alleges the owners of the apartment building o...

Excerpt: ...021, Plaintiff Ernest Franceschi, Jr. filed this action against Defendants Christopher Baldwin and Gloria Baldwin. The operative First Amended Complaint, (“FAC”), added Defendant Ross Perkal and asserts causes of action for: (1) breach of the implied covenant of good faith and fair dealing; (2) tortious interference with contract; and (3) extortion. The FAC alleges Plaintiff, an attorney, represented Defendant Christopher Baldwin in two lawsu...

Excerpt: ...ish, finance, and build a new multi- unit residential property. The First Amended Complaint added Victor Franklin Alba as a Plaintiff and California Prime Realty, Inc., Salud B Mangahis, and Sally Mangahis as Defendants. The First Amended Complaint asserts causes of action for: (1) financial elder abuse, (2) breach of contract, (3) breach of fiduciary duty, (4) concealment, (5) conversion, (6) recission of contract, (7) cancellation of instrument...

Excerpt: ...ant to Code of Civil Procedure section 2033.280(c), the Court imposes sanctions in the amount of $392.00 against Plaintiffs Kelvin Mensah and Shamoy Allen, jointly and severally, payable to Defendant Alliance Communities, Inc., via its counsel of record, within 60 days. Pursuant to Code of Civil Procedure section 2033.280(b), “[i]f a party to whom requests for admission are directed fails to serve a timely response, . . . [t]he requesting party...

Excerpt: ... to impose terminating, issue, evidence or monetary sanctions. (Code Civ. Proc. §§ 2023.010(g); 2030.290(c); 2031.300(c). Pursuant to Code of Civil Procedure section 2023.030(d), the court may impose a terminating sanction by one of the following orders: (1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process. (2) An order staying further proceedings by that party until an o...

Excerpt: ... 2.1.) The Consent Judgment provides “Defendant shall not sell in California, offer for sale in California, or ship for sale in California any Covered Products unless the level of Lead does not exceed 34 parts per billion (“ppb”) and the level of Cadmium does not exceed 85 ppb” after the effective date of the settlement. (Consent Judgment § 3.1.) These levels are significantly less than the amounts shown by Plaintiff's testing. (Yerousha...

Excerpt: ...& Safety Code §§ 34183 & 34183.5, et al as well as a complaint for breach of contract. On October 1, 2021, the Court entered an order granting the stipulation for bifurcation of trial “so that the legal issues as to the meaning of portions of the Agreement at issue, including but not limited to paragraph 6, and whether conditions precedent for the payment of passthrough monies have been satisfied, are tried separately from and prior to the is...

Excerpt: ...rd, within 60 days. The requests for terminating, evidentiary, and/or issue sanctions are DENIED. Where a party willfully disobeys a discovery order, courts have discretion to impose terminating, issue, evidence or monetary sanctions. (Code Civ. Proc. §§ 2023.010(g); 2030.290(c); 2031.300(c).) Pursuant to Code of Civil Procedure section 2023.030(d), the court may impose a terminating sanction by one of the following orders: (1) An order strikin...

Excerpt: ...to the fifth cause of action against Hernandez within 20 days. On November 19, 2021, Plaintiffs James Hawkins and Aliza Hawkins filed this action against Defendants Ricardo Hernandez, Robert Fonesca, Citrine Design Company, American Contractor's Indemnity Company. The First Amended Complaint, (“FAC”), asserts causes of action for: (1) action on surety bond (against American Contractor's Indemnity only); (2) breach of contract; (3) fraud; (4) ...

Excerpt: ... a motion to compel further responses to requests for admissions if an answer to a particular request is evasive or incomplete or an objection to a particular request is without merit or too general. (Code Civ. Proc. § 2033.290(a).) The motion must be accompanied by a good faith meet and confer declaration, (Code Civ. Proc. § 2016.040,) and a separate statement. (Cal. R. Ct., rule 3.1345.) The opposing party bears the burden of justifying any o...

Excerpt: ...nt of Cadena's individual claims; (5) $15,000.00 (75% of $20,000 PAGA penalty) to the LWDA; and (5) $9,000 for settlement administration costs to ILYM Group, Inc. Class Counsel is ordered to lodge a proposed Order consistent with this ruling and a separate judgment containing the class definition, release language, and a statement that no class members opted out of the settlement by May 27, 2022. Order Preliminarily Approving Class Action Settlem...

Excerpt: ...anaging the distribution of Plaintiff's intellectual property through its App on various streaming platforms. Plaintiff alleges it terminated its contract with Streann, but Streann continued to use Luken's intellectual property for Streann's benefit. The complaint asserts causes of action for: (1) intentional interference with contract; (2) intentional interference with economic advantage; (3) misappropriation of trade secrets; (4) conversion; (5...

Excerpt: .... 10, 13, 16, 20-26, and 28-31. The motion is DENIED as to Special Interrogatories Nos. 1-4, and 9. Plaintiff Michael Frazier's Motion to Compel Further Responses to Plaintiff's Request for Production of Documents, Set One Request for Sanctions is GRANTED as to Requests for Production Nos. 16-20, and 26. The motion is DENIED as to Requests for Production Nos. 4, 11, 15, and 21-24. Defendant must provide a verified, complete, code-compliant respon...

Excerpt: ...ssment in Violation of the FEHA, (2) Sex/Gender Discrimination in Violation of the FEHA, (3) Retaliation in Violation of the FEHA, (4) Failure to Investigate and Prevent Harassment in the Workplace in Violation of the FEHA, (5) Wrongful/Constructive Termination in Violation of Public Policy, (6) Intentional Infliction of Emotional Distress, (7) Negligent Infliction of Emotional Distress, (8) Negligent Supervision and Hiring, (9) Failure to Pay Mi...

Excerpt: ...on of rights. Defendant may amend the remaining affirmative defenses within 20 days. Arbitration Defenses – First and Fourteenth Plaintiff demurs to the first and fourteenth affirmative defenses, which state Plaintiff entered into a binding arbitration agreement covering his claims. Plaintiff argues Defendant waived its right to arbitrate and failed to allege sufficient facts to support the arbitration defenses. (Dem. at 7:20-8:26; Reply at 2:2...

Excerpt: ...iff, via its counsel of record, within 30 days. A Case Management Conference is scheduled for June 2, 2022 at 8:30 a.m. in Department 74. Standard Code of Civil Procedure section 473(b) provides an avenue for mandatory relief from the entry of default: “Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is acc...

Excerpt: ...s ordered to serve and lodge a proposed judgment within 10 days. An OSC re entry of judgment is scheduled for June 10, 2022 at 8:30 a.m. Plaintiffs' Evidentiary Objections Plaintiff's objections to the declaration of Patricia Chamberlain are OVERRULED. Plaintiff's Objections Nos. 2-3 to the declaration of April Lloyd are SUSTAINED. The remaining objections are OVERRULED. Plaintiff's objections to the declaration of Duval Cormier are OVERRULED. De...

Excerpt: ...laintiff's Form Interrogatories - General, Set One is GRANTED as to Form Interrogatories Nos. 1.1 and 12.2 and DENIED as to Form Interrogatory No. 12.6. Plaintiff Michael Frazier's Motion to Compel Further Responses to Plaintiff's Form Interrogatories – Employment Law, Set One is GRANTED as to Form Interrogatories – Employment Law, Set One Nos. 209.2, 215.1, 215.2, 216.1, and 217.1. Defendant need only include civil actions filed within the l...

Excerpt: ...itute a cause of action. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v. City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158 [212 Cal.Rptr.3d 416, 7 Cal.App.5th 150, 158]; Linda Vista Village San Diego Homeowners Assn., Inc. v. Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179 [183 Cal.Rptr.3d 521]. The function of a demurrer is not to test the truth or accuracy o...

Excerpt: ...in the instant action filed on July 28, 2020, the court's April 23, 2021 Minute Order denying Defendant's Motion for Summary Judgment, and the Court of Appeal, Second Appellate District, Division Five's June 4, 2021 Order denying Defendant's Petition for Writ of Mandate with respect to the order denying Defendant's Motion for Summary Judgment. The request is GRANTED as to the existence and legal effect of these documents. (Evid. Code § 452(d).) ...

Excerpt: ...of action as a separate claim. The motion to strike is GRANTED as to paragraphs 71 and 81 and DENIED as to paragraph 90 and the prayer for punitive damages. The motion is MOOT as to paragraph 115. Meet and Confer Defendants submitted the declaration of Patty Chen, which satisfies the requirements of Code of Civil Procedure sections 430.41 and 435.5 by demonstrating Plaintiff did not respond to a meet and confer request. (Code Civ. Proc. §§ 430....

Excerpt: ...f Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158 [212 Cal.Rptr.3d 416, 7 Cal.App.5th 150, 158]; Linda Vista Village San Diego Homeowners Assn., Inc. v. Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179 [183 Cal.Rptr.3d 521]. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; instead, the judge must assume the truth of all properly pleaded factual allegations. A demurrer i...

Excerpt: ...nstitute a cause of action. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v. City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158 [212 Cal.Rptr.3d 416, 7 Cal.App.5th 150, 158]; Linda Vista Village San Diego Homeowners Assn., Inc. v. Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179 [183 Cal.Rptr.3d 521]. The function of a demurrer is not to test the truth or accurac...

Excerpt: ...Kiupelian and Vardan Kiupelian currently have no standing to object to the complaint. Defendant demurrers to the first and second causes of action for malicious prosecution and abuse of process on the grounds the complaint fails to state facts sufficient to constitute a cause of action. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.Ap...

Excerpt: ... review and comply with the court's First Amended General Order – Mandatory Electronic for Civil that requires all e-filed documents to be electronically filed in PDF, text searchable format when technologically feasible without impairment of the document's image and to be bookmarked in accordance with the instructions in the First Amended General Order, ¶ 6. Motion for Protective Order The parties are entitled to seek discovery of non-privile...

Excerpt: ...ims on the ground they are barred due to lack of privity. Standard Any party may move for summary judgment in any action or proceeding if the party contends that (1) the action or proceeding has no merit or (2) there is no defense to the action or proceeding. CCP § 437c(a). A cause of action has no merit if one or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded, or a defend...

Excerpt: ...r common counts on the ground it fails to state facts sufficient to constitute a cause of action and on statute of limitations grounds. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurr...

Excerpt: ..., code compliant responses to form interrogatory 17.1 within 20 days. Form interrogatory 17.1 asks Defendants to state whether their responses to each request for admission served with these interrogatories is an unqualified admission and, if not, for each responses that is not an unqualified admission: (a) state the number of the request; (b) state all facts upon which you base your response; (c) state the names, ADDRESSES, and telephone numbers...

Excerpt: ...ling Cross-Defendant is in violation of the General Order re mandatory e-filing. The parties are directed to review and comply with the court's First Amended General Order – Mandatory Electronic for Civil that requires all efiled documents to be electronically filed in PDF, text searchable format when technologically feasible without impairment of the document's image and to be bookmarked in accordance with the instructions in the First Amended...

Excerpt: ...r Plaintiffs Michael and John Nash filed this action against defendant Rosie Williams alleging defendant used undue influence and duress to obtain a quit claim deed from their mother, Beatrice Perry, for real property located at 447-447 ½ East 47 th Street in Los Angeles, CA (Subject Property) (Complaint, ¶¶ 4,7). The quit claim deed was executed on August 21, 2004 (Complaint, ¶7; Exh. A). Beatrice Perry passed away on September 15, 2004 (Com...

Excerpt: ...t and/or are uncertain, ambiguous and unintelligible. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; ins...

Excerpt: ...22 at 8:30 a.m. Defendant seeks a continuance of trial currently set on March 7, 2022 to at least October 24, 2022, or in the alternative, a stay of this action pending completion of the corresponding criminal action. “To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” (CRC 3.1332(a); see also CRC 3.1332(c). Further, the Delay ...

Excerpt: ...cedure §430.10(e) and is barred as a matter of law by the Economic Loss Rule and the sixth cause of action for negligent repair on the grounds it fails to state facts sufficient to constitute a cause of action under Code of Civil Procedure §430.10(e) and is barred as a matter of law by the Economic Loss Rule. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Rela...

Excerpt: ...lanning for which precondemnation damages liability cannot attach, and (3) there has been no unreasonable delay by LACMTA following an announcement to condemn. “If there is a dispute between plaintiff and defendant over an evidentiary or other legal issue affecting the determination of compensation, either party may move the court for a ruling on the issue. The motion shall be made not later than 60 days before commencement of trial on the issu...

Excerpt: ...entiary Objections The following objections are sustained: Declaration of Julia C. Reichert: 3, 5, 6, 7, 8, and 9. Deposition of Oscar Agundez: 10 and 11. Deposition of Angel Rodriguez: none. Deposition of Efren Sierra: none. Deposition of Alexandria Carlos: none. Deposition of Wesley Hashimoto: 42. Deposition of Christopher Cuyler: 43. Declaration on Kecia Bailey: 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, and 61. All remaining objections are o...

Excerpt: ...Inc. (1999) 20 Cal.4th 1103, 1108. Assuming the “prevailing party” requirements are met, the trial court has no discretion to order each party to bear his or her own costs of suit. Michell v. Olick (1996) 49 Cal.App.4th 1194, 1198; Nelson v. Anderson (1999) 72 Cal.App.4th 111, 129. The term “prevailing party” for costs purposes is defined by statute to include:  The party with a net monetary recovery;  A defendant who is dismissed f...

Excerpt: ... 16, 2022 at 8:30 a.m. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; instead, the judge must assume the...

Excerpt: ...y No. 2: County Policy of Equity Complaint by Others Related to Treatment of Plaintiff by Rothe and/or Mee Category No. 3: Los Angeles County Sheriff Internal Affairs Bureau Investigation No.21508005 Category No. 4: Frank Rothe Disciplinary Records re: Discrimination, Harassment, and/or Hostile Work Environment Complaints Category No. 5: James Mee Disciplinary Records re: Discrimination, Harassment, and/or Hostile Work Environment Complaints Ther...

Excerpt: ...es of action is GRANTED. Cross Complainant's motion for summary adjudication of the fourth and fifth causes of action is DENIED. Cross Complainant's motion for summary judgment is DENIED. The court sets an OSC re Dismissal of Unserved Cross-Defendant and an OSC re Entry of Judgment on February 18, 2022 at 8:30 a.m. Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party ca...

Excerpt: ...ce of the following: 1. The Verified Cross-Complaint filed in this action by Friend on or about October 1, 2020; 2. The Verified Complaint filed in this action by Glen Haven on or about August 11, 2020; and 3. The Verified Answer of Glen Haven to the Verified Cross-Complaint filed in this action. Plaintiff's Request for Judicial Notice Plaintiff's request for judicial notice is GRANTED. The court takes judicial notice of the following: l. The Qui...

Excerpt: ...ts the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; instead, the judge must assume the truth of all properly pleaded factua...

Excerpt: ...vels, unlawful detainer action, Los Angeles County Superior Court Case No. 18STUD02262; 2. Otha Nevel's Amended Answer in the 437-443 Hartford, LLC v. Otha Nevels, unlawful detainer action, Los Angeles County Superior Court Case No. 18STUD02262; 3. Unlawful Detainer Stipulation and Judgment dated March 20, 2018 in the 437-443 Hartford, LLC v. Otha Nevels, unlawful detainer action, Los Angeles County Superior Court Case No. 18STUD02262; and 4. Oth...

Excerpt: ...st is GRANTED. The court takes judicial notice of: 1. The Grant Deed to Young Joong Ko recorded on 12/3/02, as Inst. No. 02-2027717 at the County Recorder's Office for the County of Los Angeles; 2. The Deed of Trust in favor of Washington Mutual Bank, FA recorded on 9/24/04, as Inst. No. 04-2459602 at the County Recorder's Office for the County of Los Angeles; 3. The Equity Line of Credit Deed of Trust in favor of Washington Mutual Bank, FA recor...

Excerpt: ...t. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court.” (Lab. Code. §2699(l)(2); see Williams v. Superior Court (2017) 3 Cal.5th 531, 549 [noting in passing that “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.”].) “[N]either the California legislature, nor the California Supreme Court, nor the Cali...

Excerpt: ...e 3.769(g), provides for an inquiry into the fairness of the proposed settlement prior to the final approval hearing. After this, the Court must make and enter judgment, including a provision for the retention of the court's jurisdiction over the parties to enforce the terms of the judgment. (See Cal. Rules of Court, Rule 3.769(h).) The class action may not be dismissed once judgment is entered. (See Cal. Rules of Court, Rule 3.770.) All class se...

Excerpt: ...order's Office as Instrument No. 06 2605558 2. Deed of Trust recorded on June 14, 2006 in the Los Angeles County Recorder's Office as Instrument No. 06 1309432 3. Declaration of Jezsica Martinez attached to the Motion for Relief From Automatic Stay under 111 U.S.C. Section 362 ("Real Property") filed on June 22, 2021 in the United States Bankruptcy Court, Central District of California, Case No. 2:21-bk-l 1201-VZ 4. Substitution of Trustee record...

Excerpt: ...ses of action is GRANTED. Cross Complainant's motion for summary adjudication of the fourth and fifth causes of action is DENIED. Cross Complainant's motion for summary judgment is DENIED. The court sets an OSC re Dismissal of Unserved Cross-Defendant and an OSC re Entry of Judgment on January 18, 2022 at 8:30 a.m. Standard The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party ca...

Excerpt: ...ntiff's 6th cause of action for fraud by omission concerning Theta II engine defects in the matter of Maria I. Torres v. Kia Motors America, Inc., No. 18STCV00967 (order filed May 17, 2021). MOTION Defendant moves for summary judgment on the ground all four causes of action fail as a matter of law. First Cause of Action: Violation of Civil Code § 1793.2(d) Civil Code section 1793.2(d)(1) provides: “Except as provided in paragraph (2), if the m...

Excerpt: ...dated January 27, 2021 and served by ADR to TONEY and EAFC on February 10, 2021, this Court's 9/13/21 Minute Order Granting and Denying EAFC's demurrer to Petition to vacate, the parties' Agreement to Arbitrate, the Ventura County Superior Court Register of Action, Toney vs. Escrow Agents Fidelity Corp, Case Number: 56-2021-00554543-CU-WM-VTA, Stipulation re Change of Venue submitted on 6/16/21 and filed on 7/7/21, in the Ventura County Superior ...

Excerpt: ...EY and EAFC on February 10, 2021, this Court's 9/13/21 Minute Order Granting and Denying EAFC's demurrer to Petition to vacate, the parties' Agreement to Arbitrate, the Ventura County Superior Court Register of Action, Toney vs. Escrow Agents Fidelity Corp, Case Number: 56-2021-00554543-CU-WM-VTA, Stipulation re Change of Venue submitted on 6/16/21 and filed on 7/7/21, in the Ventura County Superior Court, Toney vs. Escrow Agents Fidelity Corp, C...

Excerpt: ...(2) the amount of attorneys' fees and costs to award to Class Counsel; and (3) the amount of service awards to the Class Representative. The Court may continue or adjourn the final approval hearing without further notice to the Class.  The deadline for serving notices to class members is December 17, 2021.  The deadline for objecting or opting out is January 31, 2022.  The deadline for class counsel to file motion for final approval of s...

Excerpt: ...ys. Demurrer Cross-Defendants' demurrer to the First Amended Cross-Complaint (FACC) as follows: 1. The 1st Cause of Action contains only vague statements about the alleged oral contracts between the parties. These alleged contracts are not described in sufficient detail to inform the cross- defendants of the claims being made against them—and therefore are subject to demurrer. 2. The 2nd, 3rd, and 5th Causes of Action lack the specificity requi...

Excerpt: ...all material facts that the moving party contends are undisputed.” Each of the material facts in the statement must be “followed by a reference to the supporting evidence.” CCP § 437c(b)(1). The Statement of Undisputed Material Facts must separately identify each cause of action, claim, issue of duty or affirmative defense and each supporting material fact claimed to be without dispute with respect to that cause of action, claim, issue of ...

Excerpt: ..., the adverse claims to the title of the plaintiff against which a determination is sought, the date as of which the determination is sought, and a prayer for the determination of the title of the plaintiff against the adverse claims.” Here, the complaint does not allege any facts that establish that Plaintiff is the rightful owner. Additionally, to establish quiet title, the complaint must also allege adverse claims against the subject propert...

Excerpt: ...rt may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.” CCP § 473(a)(1); see CCP § 576. The motion must include a copy of the proposed amendment and identify by page, paragraph, and line number any additions to and deletions from the prior pleading. CRC 3.1324. Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit. Thus, the court's discretion will...

Excerpt: ... defendants' request for sanctions is denied. Plaintiffs' Objections to Defendants' Separate Statement Plaintiffs object to Defendants' Separate Statement in its entirety. This document is actually a response to the objections to production Defendants asserted in response to the subpoena. As such, plaintiffs do not state any of their own objections for the court to rule on. Defendants' Request for Judicial Notice On reply, defendants request judi...

Excerpt: ...d its burden of production to show triable issues of material fact as to whether defendant requested, by words or conduct, that plaintiff perform services for the benefit of defendant, whether defendant agreed verbally or in writing to pay TTS for legal services in connection with the Danesh Action, and whether defendant made a knowing and false representation to plaintiff. Summary judgment is denied for the same reasons summary adjudication is d...

Excerpt: ...5 days. Public Policy Strong public policy favors enforcement of agreements to arbitrate disputes. Wagner Constr. Co. v Pacific Mechanical Corp. (2007) 41 Cal.4th 19, 25; Aanderud v Superior Court (2017) 13 Cal.App.5th 880, 889; Laymon v J. Rockcliff, Inc. (2017) 12 Cal.App.5th 812, 820. A judge must order arbitration of any dispute that the judge determines is within the parties' arbitration agreement, unless the right to compel arbitration has ...

Excerpt: ...plaint alleged one cause of action for General Negligence. Plaintiffs state that a car accident left them with severe injuries and killed their mother and the individual was not caught for 9 years. After being sent to prison, the perpetrator was released but failed to pay restitution. The complaint alleges the County of Los Angeles was negligent in failing to enforcement the restitution payment. On March 25, 2021, Defendant filed a Demurrer witho...

Excerpt: ...ripiti (2) by and through his GAL Maria Anai Tiripiti Gonzalezfiled this action against Defendants Ramandeep Singh, Thaminder Singh, Hira Anand LLC, Hoag Property, Management Inc., Atwood Management Inc., and 706 Soto Apartments LLC for damages arising out of injuries sustained as a result of their tenancies at 706 N. Soto Street, Los Angeles, CA 9003. Each minor suffered injuries related to infestations of cockroaches, bedbugs and other insects,...

Excerpt: ...d. (2016) 7 Cal.App.5th 150, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; instead, the judge must assume the truth of all properly pleaded factual allegations. A demurrer is not the appropriate method for challenging the merits of the plaintiff's case. Tenet Healthsystem Des...

Excerpt: ...50, 158; Linda Vista Village San Diego Homeowners Ass'n, Inc. v Tecolote Investors, LLC (2015) 234 Cal.App.4th 166, 179. The function of a demurrer is not to test the truth or accuracy of the facts alleged in the complaint; instead, the judge must assume the truth of all properly pleaded factual allegations. A demurrer is not the appropriate method for challenging the merits of the plaintiff's case. Tenet Healthsystem Desert, Inc. v Blue Cross of...

Excerpt: ...22 case. The court sets an OSC re Dismissal of All Unserved Defendants for Failure to Serve the Summons and Complaint and an OSC re Entry of Default against all Served, Non-Responding Parties for October 22, 2021 at 8:30 a.m. Summary adjudication is denied. Material Facts 6 – 18 are disputed, defendant has produced no evidence concerning its employees, and defendant has produced no evidence concerning malice, oppression, or fraud. Summary judgm...

Excerpt: ...ning the first cause of action for violation of federal civil rights under 42 U.S.C. § 1983, defendant County maintains that it is entitled to summary adjudication because County was not deliberately indifferent to plaintiff's medical needs while plaintiff was a prisoner. (CACI 3041.) Based on expert declarations from nephrologist Stuart Friedman, M.D. and family physician, Richard Johnson, M.D., defendant contends that it complied with the stan...

Excerpt: ...ackground On June 11, 2020, Plaintiff Angel Moore (“Plaintiff”) filed a complaint against Defendants Dorothy Mae Medical Clinic, Inc., Michael Singleton, and Does 1 through 50. The complaint alleged five causes of action: (1) Negligence, (2) Negligent Hiring, Supervision & Retention of Employee, (3) Sexual Battery & Assault, (4) Intentional Infliction of Emotional Distress, and (5) Premises Liability. On April 8, 2021, Plaintiff filed a First...

Excerpt: ....4th 1435, 1441. Any party may obtain discovery by means of a physical or mental examination of a party to the action, an agent of any party, or a natural person in the custody or under the legal control of a party, in any action in which the mental or physical condition (including the blood group) of that party or person is in controversy in the action. Code Civ. Proc. §§ 2019.010(d), 2032.020(a). A party's right to this discovery is subject t...

Excerpt: ... Except as provided by CCP § 438, the rules governing demurrers apply. Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 999; Southern Calif. Edison Co. v. City of Victorville (2013) 217 Cal.App.4th 218, 227; Templo v. State of Calif. (2018) 24 Cal.App.5th 730, 735. A demurrer tests the legal sufficiency of the factual allegations in a complaint. City of Los Angeles v City of Los Angeles Employee Relations Bd. (2016) 7 Cal.App.5th 150, ...