Excerpt: ...nership agreement and that Defendants Kevin Lawrence and Foster & Lawrence Accountancy have aided and abetted the other Defendants in breaching their fiduciary duties. Defendants Kevin Lawrence and Foster & Lawrence Accountancy move to strike portions of the second amended complaint (“2AC”) or, in the alternative, for judgment on the pleadings. TENTATIVE RULING: Defendants Kevin Lawrence and Foster & Lawrence Accountancy's motion to strike po...

Excerpt: ...ance Company RESPONDING PARTY(S): (1) Defendant XL Specialty Insurance <0003000300030003000300 000c00030033004f0044>intiff Gail Hollander 2. 3. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: This is an insurance bad faith action regarding failure to pay policy benefits for certain Kippenberger Paintings. Defendant L.A. Packing, Crating and Transport, Inc. damaged Plaintiffs' Kippenberger Paintings while installing the artwork at their newly remo...

Excerpt: ... RULING: Defendant City of Los Angeles's demurrer to the second amended complaint is OVERRULED as to the first, second, fourth and fifth causes of action and SUSTAINED with leave to amend as to the third cause of action. Plaintiff is given 30 days leave to amend. DISCUSSION: Meet and Confer The Declaration of Stacey Anthony reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Request for Judicial Notice Defendan...

Excerpt: ... mediation or, in the alternative, arbitration. TENTATIVE RULING: Defendant De Young Kim's motion to compel arbitration is GRANTED. The case is ordered stayed pursuant to CCP § 1281.4 pending arbitration. A Status Conference/OSC re: Dismissal is set for January 23, 2020 at 8:30 a.m. in Department 47. If no appearances are made, this case may be dismissed without prejudice. DISCUSSION: Moving party Defendant does not cite any statutory authority ...

Excerpt: ...tion filed; (2) Plaintiffs David Penilla, et al. CASE HISTORY:  05/13/14: Complaint filed.  05/16/14: First Amended Complaint filed.  01/14/16: Case ordered related with BC594514.  01/28/16: Case ordered stayed.  11/23/16: Remittitur filed.  12/15/16: Stay ordered lifted.  01/05/17: Cases BC545697 and BC594514 ordered consolidated.  04/25/17: Second Amended Complaint filed.  06/07/17: Third Amended Complaint filed (purs...

Excerpt: ...48005600030049005200 000300480059004c0047[ence and monetary sanctions against Defendant. TENTATIVE RULING: Plaintiff's motion for issue, evidence and monetary sanction is DENIED. Additionally, the Court finds that the Plaintiff's motion was frivolous, as a matter of law, and that monetary sanctions against Plaintiff's attorneys are warranted. However, the Court is concerned on whether proper notice has been given to Plaintiff's attorneys to allow...

Excerpt: ... Defendants County of Los Angeles and Guy Craighead move for summary judgment or, in the alternative, summary adjudication. TENTATIVE RULING: The hearing on Defendants' motion for summary judgment is CONTINUED to September 5, 2018. Any party intended to file an application to seal is to file such application by August 24, 2018. The Court warns the parties that if no application to seal is timely filed or, if filed, the application to seal is not ...

Excerpt: ...ly slut-shamed and published defamatory statements about Plaintiff on social media. Defendants Defendants Kris Jenner, Ki Kardashian West, Khloe Kardashian and Kylie Jenner allegedly published defamatory statements about Plaintiff and prevented the second season of Plaintiff's television show with Defendant Kardashian from going forward with production. Defendants Kris Jenner, Ki Kardashian West, Khloe Kardashian and Kylie Jenner demur to the thi...

Excerpt: ...efendant The People of the State of California, Acting By and Through the Department of Transportation moves to conduct Plaintiff's independent medical examination. TENTATIVE RULING: Defendant The People of the State of California, Acting By and Through the Department of Transportation's motion to conduct Plaintiff's independent medical examination is DENIED without prejudice. Plaintiff's request for sanctions is DENIED. DISCUSSION: Defendant The...

Excerpt: ..., including failing to accurately account for rental income generated by the property. Defendants filed a cross-complaint alleging that Cross-Defendants Victor Martinez and Martinez & Associates, Inc., acting as Plaintiff's current property managers, engaged in conduct and made defamatory statements about Defendants which form the basis of Plaintiff's claims in this action. Defendant Mildred Lim Almazan demurs to the 1AC and moves to strike porti...

Excerpt: ...Kim aka Ivy Kim and Grace Y. Lee demur to the Complaint and move to strike portions thereof. The motion to strike ¶ 66: is MOOT by virtue of the ruling on the demurrer. The motion to strike the Prayer for Relief re: punitive damages is GRANTED with leave to amend. Plaintiff is given 30 days leave to amend. TENTATIVE RULING: Defendants Anny Kim aka Ivy Kim and Grace Y. Lee's demurrer to the Complaint is SUSTAINED with leave to amend as to the fir...

Excerpt: ...arding Defendant's talent agreement with E! Network. Defendant Angela White moves for judgment on the pleadings as to the 1AC. TENTATIVE RULING: Defendant Angela White's motion for judgment on the pleadings as to the first amended complaint is GRANTED without leave to amend as to the fourth cause of action, unless Plaintiff demonstrates a reasonable possibility of successful amendment. DISCUSSION: Meet and Confer The Declaration of Vanessa Hooker...

Excerpt: ...ucas Brothers Construction, Inc. <000300030003000b001600 004c0049004900120026[ross-Defendant Lucas Brothers Construction, Inc.; <000300030003000b001700 00440051005700560012[Cross-Complainants Takashi Nakamura and Toshiko Nakamura RESPONDING PARTY(S): (1) No opposition filed; (2) Defendants/Cross-Complainants Takashi Nakamura and Toshiko Nakamura; <000300030003000b001600 00440051005700560012[Cross-Complainants Takashi Nakamura and Toshiko Nakamura...

Excerpt: ...as allergic thereto, and this caused her death. Defendant Jason B. Kirk, M.D. demurs to the first amended complaint and moves to strike portions thereof. TENTATIVE RULING: Defendant Jason B. Kirk, M.D. demurrer to the first amended complaint is MOOT as to the second cause of action and OVERRULED as to the third cause of action. Defendant's motion to strike the Prayer, ¶ 5, Page 8, lines 15-16 re: punitive damages is GRANTED. The motion to strike...

Excerpt: ...ered litigation/arbitration against attorney Plaintiff by his clients toward emotional distress damages, which were not covered by the subject malpractice liability insurance policy issued by Defendant insurer. Defendants Jerid R. Maybaum and Jacks & Maybaum LLP demurrer to the second amended complaint and move to strike portions thereof. TENTATIVE RULING: Defendants Jerid R. Maybaum and Jacks & Maybaum LLP's demurrer to the second amended compla...

Excerpt: ...CEEDINGS: Plaintiffs allege that Defendants breached a partnership agreement by terminating the partnership and continuing to conduct the partnership business without Plaintiffs. Cross-Complainants Donald Davidson, M.D., a professional corporation, and Donald Davidson, M.D., an individual, Sankar Sridaran, M.D., Maysa Alavi, M.D., and Christopher McNamara, M.D. filed a Cross-Complaint alleging that Plaintiffs breached their partnership obligation...

Excerpt: ...ULING: Defendant City of Los Angeles's demurrer to the first amended complaint is OVERRULED as to the first through third and fifth causes of action and SUSTAINED with leave to amend as to the fourth cause of action. Plaintiff is given 30 days leave to amend. DISCUSSION: Meet and Confer The Declaration of Stacey Anthony reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Request for Judicial Notice Defendant re...

Excerpt: ... Inc. moves for summary judgment. TENTATIVE RULING: Plaintiff Northern California Collection Service, Inc.'s motion for summary adjudication is DENIED as to Issue No. 1 re: the first cause of action and GRANTED as to Issue No. 2 re: the second cause of action. Plaintiff is to submit a Judgment by Default, consistent with the final ruling of this court. DISCUSSION: Motion for Summary Adjudication Request For Judicial Notice Plaintiff requests that...

Excerpt: ...to strike portions thereof. TENTATIVE RULING Conditioned upon Defendant providing proof that the demurrer and motion to strike, and the notice of continuance of the hearing on the demurrer and motion to strike were served upon Plaintiff's counsel at 2180 Harvard Street, Ste. 160, Sacramento, CA 95818, the demurrer to the entire Complaint is SUSTAINED with leave to amend. Plaintiff is given 30 days leave to amend. DISCUSSION: Notice The demurrer a...

Excerpt: ...aw Office of Peter J. Zomber demur to the Complaint. TENTATIVE RULING: Defendants Peter J. Zomber and Law Office of Peter J. Zomber demurrer to the Complaint is OVERRULED as to the first, second and third causes of action. Defendants are ordered to answer the Complaint within 20 days. DISCUSSION: Demurrer Meet and Confer The Declaration of James A. Murphy reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. Requ...

Excerpt: ...ng Defendant to appear beyond the seven-hour limit, and requests sanctions. TENTATIVE RULING: Plaintiff's motion to compel appearance beyond seven-hour limit, and request for sanctions, is GRANTED in part. Plaintiff will be permitted to depose Defendant for a total of twelve hours (which includes the prior deposition time of 6 hours and 25 minutes). If needed, Plaintiff must also submit to a total of 12 hour deposition time. <0003004c005600030027...

Excerpt: ... property, as well as causing a nuisance with construction and irrigation activities. Defendant also allegedly committed a battery against Plaintiff Susan Corso. Defendant filed a Cross-Complaint alleging that Plaintiffs have engaged in a campaign of harassment and intimidation to force Cross-Complainant to relinquish his easements over Cross- Defendants' property. <0047000300330011000300 00470003003600580056[an Corso bring an anti-SLAPP special ...

Excerpt: ...s; (3) & (4) Plaintiff Angela White RESPONDING PARTY(S): (1) Plaintiff Angela White (2) Plaintiff Angeles White; (3) Third-Party Bunim-Murray Productions; <000300030003000b001700 0033004400550057005c[ E! Media Productions, LLC STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiff alleges that Defendant Robert Kardashian committed assault and battery against Plaintiff and has publicly slut-shamed and published defamatory statements about Plain...

Excerpt: ...ff was injured in the parking structure of Defendant Children's Hospital of Los Angeles when Defendant Felipe Cesar Masaya, valet for Defendant Parking Company of America, recklessly lost control of a car and pinned Plaintiff against a wall, causing severe and permanent physical injuries. Defendant Children's Hospital of Los Angeles demurs to the Complaint and moves to strike portions thereof. TENTATIVE RULING: Defendant Children's Hospital of Lo...

Excerpt: ...hew, M.D. demurs to the first amended complaint. TENTATIVE RULING: Defendant Maya Mary Mathew, M.D.'s demurrer to the first amended complaint is OVERRULED as to the third cause of action. Defendant Maya Mary Mathew, M.D. is ordered to answer the 1AC within 20 days. DISCUSSION: Demurrer Meet and Confer The Declaration of Brian R. Hill reflects that the meet and confer requirement set forth in CCP § 430.41 was satisfied. 1. Third Cause of Action (...