Excerpt: ... notice is received within 10 days that the lodged record is to be filed unsealed. The parties may file redacted versions of any documents that are returned to them within 14 days of this order. DISCUSSION I. Legal Standard <008600030084009b000300 00940096000300940087>cords are presumed to be open to public review. (Cal. Rules of Court, rule 2.550(c).) “The court may order that a record be filed under seal only if it expressly finds facts that ...

Excerpt: ...r Defendants Capital One, N.A. and Integrated Lender Service, Inc. to give notice. STATEMENT OF THE CASE This case arises in connection with Defendants Capital One, N.A. (“Capital One”); Integrated Lender Services, Inc. (“ILS”) and Loretta Echols (“Echols”)'s alleged breaches of their duties in connection with a deed of trust securing a loan on real property located at 4739 Allott Avenue, Sherman Oaks, Los Angeles California (the “S...

Excerpt: ...NT OF THE CASE This action arises from allegations that Defendant Carlene Thie (“Thie”) interfered with Plaintiff Anthony E. Christopher (“Christopher”)'s business opportunities in connection with certain photographs and photograph negatives in his ownership and possession. Plaintiff alleges that he purchased vintage photo negatives and photographs of Disneyland Park during its initial construction around the year 1992. Plaintiff further ...

Excerpt: ...ING Defendant Rifka Herz's Answer. The trial in this matter is VACATED, and the court sets an OSC re: entry of default for July 9, 2018 at 9:00 a.m. The court further GRANTS Plaintiff's request for monetary sanctions and CONTINUES that portion of this motion to July 9, 2018. Plaintiff may file supplemental briefing according to the schedule set forth in Code of Civil Procedure, section 1005, to establish the amount of costs she incurred in connec...

Excerpt: ...laint without leave to amend. Defendant's motion for an undertaking is MOOT. Counsel for Defendant to give notice. STATEMENT OF THE CASE This action arises out Defendant Blvd 6200 Owner North, LLC (“Blvd 6200”)'s alleged acts of intentional infliction of emotional distress against Plaintiff Mohamad Hussein (“Hussein”). The gravamen of Plaintiff's complaint is that he was a tenant of Defendant's property and that Defendant engaged in acts ...

Excerpt: ...-part and STRIKES the following portions of the Complaint: (1) Paragraph 44: “menace, fraud, deceit”; (2) Paragraph 47; (3) Paragraph 49; (4) Paragraph 58; (5) Paragraph 63: “and malicious”; (6) Paragraph 66; (7) Paragraph 99; and (8) Paragraph 107; (9) Paragraph 110 and (10) Prayer Paragraph e. The court grants Plaintiff 30 days leave to amend to allow Plaintiff to plead ultimate facts to support his punitive damages claims and allegatio...

Excerpt: ...e motion in-part and GRANTS summary adjudication on the second cause of action. The motion is otherwise DENIED. Counsel for Plaintiff to give notice. STATEMENT OF THE CASE This action concerns the alleged breach of an advertising agreement. Plaintiff Natural Concepts Marketing Group, Inc. dba Ad Leverage (“National Concepts”) alleges that it entered into an agreement with Defendants to negotiate and purchase advertisements with various media ...

Excerpt: ... a reasonable possibility she can amend the Complaint to state valid causes of action, considering that she asserted legal malpractice and fraud based on legal malpractice as affirmative defenses in her Answer to Phillips Jessner LLP's Complaint in the Prior Action. Counsel for Defendants to give notice. STATEMENT OF THE CASE This case arises from allegations that Defendants Phillips Jessner LLP and Gregory W. Jessner (collectively “Phillips Je...

Excerpt: ...aint and GRANTS Defendant's request for reasonable attorney's fees and costs in the amount of $12,590. Counsel for Defendant Arta Lahiji to give notice. STATEMENT OF THE CASE This case arises from allegations that Defendants Dr. Arta Lahiji, M.D. (“Arta Lahiji”) and Dr. Thuy Tran, M.D. (“Tran”) posted defamatory statements regarding Plaintiffs Abir Cohen Treyzon Salo, LLP and Alexander Cohen (collectively “Abir Cohen”). Plaintiffs fil...

Excerpt: ...ant Talk Construction, LLC. Counsel for Plaintiff to give notice. Service of Summons: The proof of service filed on February 2, 2018 indicates that Defendant Kwiecien was served the Summons and Complaint by personal service on January 15, 2017 at 7:00 p.m. at 19436 Hunt Rd., Strongsville, Ohio 44136, and that service was performed through personal service on Kwiecien, who is described as a Caucasian female in her thirties with black hair, who was...

Excerpt: ...The court GRANTS Defendant California Corrections Health Care Services' motion for summary judgment. Counsel for Defendant to give notice. STATEMENT OF THE CASE This employment case arises from allegations that Defendant California Corrections Health Care Services (“CCHCS”) discriminated against and wrongfully terminated Plaintiff Arno Patrick Kuigoua (“Kuigoua”) on the basis of his gender, in violation of the Fair Employment and Housing ...

Excerpt: ...attorney's fees in the amount of $175,692.60. Counsel for Plaintiff to give notice. PLAINTIFF'S MOTION FOR ATTORNEY'S FEES I. Request for Judicial Notice The court “may take judicial notice of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction reflected in a recorded document, and the document's legally operative language. . . . From this, the court may deduce and rely upon the ...

Excerpt: ...vieh's motion for leave to file a cross-complaint against Defendants Yamaha Motor Corporation, U.S.A. and Yamaha Motor Company, Ltd. Is GRANTED. Counsel for Defendant Envieh to give notice. STATEMENT OF THE CASE Plaintiffs Michael Thabet, Kathy Thabet, and George Thabet bring this wrongful death and personal injury action and allege that on May 25, 2015, Decedent Magdy Thabet was a passenger on a personal watercraft (jet-ski) operated by Plaintif...

Excerpt: ...la McHale (“McHale”) filed the subject demurrer and motion to strike on January 9, 2018 and the matter was originally set for hearing on May 4, 2018. Plaintiff's opposition was thus due on April 23, 2018. On or around May 1, 2018, the court continued the matter to May 17, 2018. Plaintiff did not file an opposition to the demurrer or motion to strike. However, on April 27, 2018, Plaintiff filed the First Amended Complaint (“FAC”) in this a...

Excerpt: ...s Thelma Ignacio and Armida Victoriano[1] COURT'S TENTATIVE RULING The court GRANTS summary adjudication on Issues 4-6, 8, 10, 12, 14 and the corresponding causes of action. The court DENIES summary adjudication on Issues 1-3, 7, 9, 11, 13 and the corresponding causes of action. Counsel for Defendants to give notice. STATEMENT OF THE CASE This employment case arises from allegations that Defendants Southern California Permanente Medical Group (db...

Excerpt: ...msung E&C America, Inc. (“Samsung”). Samsung alleges it purchased the policy because it covered layoffs Samsung undertook in June and July 2013, including that of former employee Jay Jamshasb, who filed a wrongful termination suit against Samsung in July 2014 (Case No. BC550803). According to Samsung, Starr initially accepted coverage of the action but later denied coverage under the policy's “Specific Litigation Exclusion” on the grounds...

Excerpt: ....00 is to be paid as a civil penalty and $16,000.00 is to be paid as reimbursement of Plaintiff's attorney's fees and costs. The court must review the amount of attorney's fees sought and make a finding on the reasonableness of such fees. “The primary method for establishing the amount of ‘reasonable' attorney fees is the lodestar method,” which is produced by multiplying the number of hours reasonable expended by counsel by a reasonable ho...

Excerpt: ...l.App.5th at p. 848, fn. 3.) Accordingly the court OVERRULES the special demurrer for uncertainty. REQUEST TO TAKE JUDICIAL NOTICE Defendant Rachel H. Lew requests the court take judicial notice of the complaint and orders filed in the case titled Securities and Exchange Commission v. Liu, et al., United States District Court, Central District of California Case No. 8:16-cv-00974. The existence and legal effect of these documents are judicially n...

Excerpt: ...efendant Lorenzo Alvarado to give notice. STATEMENT OF THE CASE This action arises out of Plaintiff Katie Hayes (“Hayes”)'s alleged purchase of the real property commonly known as 5419 10th Avenue, Los Angeles, California 90043 (the “Subject Property”) from Defendant AA CA Property (“AA CA”). Defendant TDC Properties (“TDC”) allegedly was AA CA's agent. In the First Amended Complaint (“FAC”), Plaintiff alleges that Defendant L...

Excerpt: ...ust specifically identify the factual allegations he proposes to add to a Fifth Amended Complaint, and how these allegations would bring the claim within the scope of the applicable statute of limitations. Even if leave to amend were to be granted, Plaintiff is denied leave to amend to assert any additional causes of action or causes of action based on the claims underlying the current first and second causes of action. The motion to strike is DE...

Excerpt: ...on (a)(8), based on a finding that Cisneros represented to the court that Plaintiff would dismiss this case if each side bore their own attorney's fees and costs and because the Minute Order indicates that Defendants' counsel did not object. At the hearing, Defendants' counsel may raise any arguments he may wish to present regarding whether Plaintiff's counsel did or did not make the statement regarding costs at the July 24, 2017 hearing, as he c...

Excerpt: ...Defendant's motion in-part as to Plaintiffs' claims that Defendant committed professional malpractice as to its clients by failing to engage in due diligence or to properly advise its client Plaintiffs of the obvious risks involved in making the investment. Defendant contends that it will request attorney's fees through a separate motion and the court need not determine the amount of fees recoverable at this time. Counsel for Defendant Wolfsdorf ...

Excerpt: ...ce of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction reflected in a recorded document, and the document's legally operative language. . . . From this, the court may deduce and rely upon the legal effect of the recorded document, when that effect is clear from its face.” (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265, disapproved on other grounds by Yvano...