Excerpt: ...illa (Compel) Responding Party: Defendant Pi Kappa Phi Fraternity, Inc. (Compel) RULING: Plaintiff Armando Villa's Motion to Compel Further Responses by Defendant Pi Kappa Phi to Requests for Production of Documents is MOOT in light of the service of further responses prior to the hearing on the motion. Plaintiff Armando Villa's Motion to Compel Further Responses by Defendant Pi Kappa Phi to Requests for Admissions, Set One, is MOOT in light of t...

Excerpt: ...ineering, Inc.'s Demurrer to Second Amended Cross-Complaint are OVERRULED. Ten days to answer. <0003000300030003000300 00030003000300030003[ January 5, 2018 Demurrer filed on: February 13, 2018 <0003000300030003000300 00030003000300030003[ January 5, 2018, mail within 30 days?: ok, meet and confer RELIEF REQUESTED: Sustain demurrer to Third Amended Cross-Complaint MEET AND CONFER? Ok CAUSES OF ACTION: From Third Amended Cross-Complaint 1) Breach ...

Excerpt: ... 2) Fraud—Negligent Misrepresentation 3) Fraud—Concealment 4) Fraud—Promise Without Intent to Perform 5) Fraud -- Constructive Fraud 6) Fraud—Constructive Fraud 7) Breach of Contract 8) Breach of Implied Covenant of Good Faith and Fair Dealing 9) Unjust Enrichment 10) Conversion 11) Conspiracy 12) Negligence 13) Unfair and Unlawful Business Practices 14) Specific Performance SUMMARY OF FACTS: Plaintiff Ching Fang Hsu alleges that in Augus...

Excerpt: ...0300030003[ RELIEF REQUESTED: Sustain demurrer to sixth cause of action of First Amended Complaint MEET AND CONFER? Ok CAUSES OF ACTION: From First Amended Complaint 1) Breach of Contract 2) Breach of Implied Covenant of Good Faith and Fair Dealing 3) Common Counts—Money Had and Received 4) Violation of California Civil Code § 1950.7 5) Constructive and Wrongful Eviction 6) Negligence 7) Action for Accounting SUMMARY OF FACTS: <004f0048004a004...

Excerpt: ... Request for Judicial Notice by defendants has presented facts which establish a probability of prevailing on a claim that the trustee's sale was conducted based on an questionable chain of title, and it is not clear that the Trustees Deed Upon Sale was in fact recorded, or included the language upon which defendants rely to establish bona fide purchaser status. The court further finds that the harm to plaintiff if the injunction is not granted (...

Excerpt: ...50047[er of February 20, 2018. The court also notes that the Notice of Ruling and Hearings serving the Order Shortening Time is not accompanied by a proof of service. It accordingly appears that defendant has not been provided notice of this hearing, or the opportunity to be heard, as required under CCP § 575.2. The court also notes that it cannot under the circumstances find that lesser sanctions have been ineffective, as the February 7, 2018 o...

Excerpt: ...ard's Further Responses to Requests for Admissions, Set One is MOOT in light of the service on March 9, 2018 of verified Updated Responses to the subject Requests. Monetary sanctions requested by the moving party are GRANTED. Monetary sanctions in the amount of $2,975.00[$3,885 requested] are awarded against plaintiff John Leroy Howard, M.D., payable within thirty days. CCP § 2033.290(d), 2023.010(e),(f), and 2023.030(a); CRC Rule 3.1030(a). <00...

Excerpt: ...nt FCA US LLC to Second Set of Request for Production of Documents is GRANTED. Defendant FCA US LLC is ordered to produce documents or permit the promised inspection and copying in defendant's Responses and Supplemental Responses to Plaintiff Victor Yelchin's Request for Production of Documents to Defendant FCA US LLC (Set Two) as to <001400150019000f000300 000f0003001400160014[, 132, 134, 135, 136, 137, 138, 139, and 140. Production or Inspectio...

Excerpt: ...n this action on behalf of defendants Quanex I.G. Sysems: Inc. and TruSeal Technologies is GRANTED The coun finds that the application complies with all requirements of CRC Rule 9.40 and that the applicants have provided suffcient proof of service on the State Bar and payment of the requisite fee. UNOPPOSED Application of Natalie L Uhlemann_ member in good standing of the State Bar of Minnesota, to pro hac vice in this action on behalf of defenda...

Excerpt: ... <0003000300030003000300 00030003000300030003[ Plaintiffs Grant Williams, M.D and Grant P. Williams, M.D., APC (Compel Depo; Protective Order and Referee) Responding Party: Plaintiffs Grant Williams, M.D and Grant P. Williams, M.D., APC (Sanctions) <0003000300030003000300 000300030037004b004c[rd party witness Steven J. Rigler (Compel Depo) <0003000300030003000300 00030003002700480049[endants Todd Saint Vaughn, Adelle Saint Vaughn, St. Vaughn and ...

Excerpt: ...s OVERRULED on its merits. Ten days to answer. RELIEF REQUESTED: Sustain demurrer to second cause of action of First Amended Complaint MEET AND CONFER? Ok CAUSES OF ACTION: From First Amended Complaint 1) Medical Malpractice 2) EMTALA Violation SUMMARY OF FACTS: Plaintiffs Elton B. Gaston, Jr., the surviving son of decedent Deborah Juphryn-Martinez, allege that on November 13, 2015, Martinez arrived at defendant Garfield Medical Center due to sev...

Excerpt: ...th, tenth and eleventh causes of action or cross-complaint MEET AND CONFER? Ok CAUSES OF ACTION: From Cross-Complaint 1. Breach of Contract 2. Breach of Covenant of Good Faith and Fair Dealing 3. Breach of Covenant of Quiet Enjoyment 4. Trespass 5. Nuisance 6. IIED 7. NIED 8. Negligence 9. Wrongful Eviction 10. Constructive Eviction 11. Conversion SUMMARY OF FACTS: Plaintiff Sunland Property, LLC brings this action alleging that in October of 201...

Excerpt: ...arty: Defendant Heavenleaf, Inc. RULING: Demurrer to Answer is OVERRULED. The Court notes that Defendant Heaven Leaf Inc. has not filed an answer to plaintiffs First Amended Complaint given that corporate defendant did not file a demurrer to Complaint. Hence, Defendant Heaven Leaf's Answer filed January 30, 2018 stands as to the Complaint and First Amended Complaint. RELIEF REQUESTED: Sustain demurrer to first through twenty-first affirmative def...

Excerpt: ...ding Party: Plaintiff Juan Rosales (No Opposition) RULING: [No opposition] UNOPPOSED Motion for Order Compelling Responses to Form Interrogatories is GRANTED. Plaintiff Juan Rosales is ordered to provide responses, without objection to Form Interrogatories, Set No. One, within 10 days. UNOPPOSED Motion for Order Compelling Responses to Special Interrogatories is GRANTED. Plaintiff Juan Rosales is ordered to provide responses, without objection to...

Excerpt: ...C's Motion for Protective Order: The court has considered the moving papers, opposition papers, and supplemental papers. At the concession of the defendants in the supplemental papers, Defendants Motion for Protective Order is DENIED as to the following Specially Drafted Interrogatories: Nos. 247, <0015001a0013000f000300 000f0003001600140013[, 311, 312, 313, 314, 315, 316, 317, 318, 319, 342, 344, 348, 349, 350, 386, 387, 388, 389, 390, 394, 400,...

Excerpt: ... Restaurant and Lounge and Mikayel Israyelyan Responding Party: Plaintiff Amy Nehme RULING: Defendant Worldwide Dining, Inc. dba Romanov Restaurant and Lounge and Mikayel Israyelyan's Motion to Strike Portions of Plaintiff Amy Nehme's Third Amended Complaint is GRANTED WITHOUT LEAVE TO AMEND only as to paragraph 49 of the pleading, which appears to improperly seek punitive damages in connection with a negligence-based cause of action, when the op...

Excerpt: ...ol District <0003000300030003000300 00030003000300270048>fendant Jose Antonio Banuelos, Jr. RULING: Plaintiff Jan Smith's Motion for an Order Compelling Further Responses and Production of Documents from Defendant Burbank Unified School District: The court has reviewed the moving papers as well as the oppositions filed by defendants Burbank Unified School District and Jose Antonio Banuelos, Jr. The motion is GRANTED. The parties are ordered to me...

Excerpt: ...e stay of Case No. BC 615178, on the ground Larry Quisenberry does not have standing, and ordered a demurrer in Case No. BC 631077, previously set on April 7, 2017, to be heard this date. It appears that the stay may have also been lifted for the limited purpose of hearing the demurrer previously set on April 7, 2017, in Case No. BC 615178 on the issues other than standing. <0046004800550051005600 1d> 1. The court is not certain why two actions a...

Excerpt: ... Exhibit 3 consisting of a Proposed Amended Judgment, or any other copy submitted to the court of the Proposed Amended Judgment which would purportedly satisfy the Sheriff's requirements, or a copy of the response from the County Sheriff, as referenced in the Zuberi Declaration at paragraphs 10 and 11. This information has not been submitted to the court despite a request from the clerk that it be promptly filed. It appears that plaintiff needs a...

Excerpt: ...r appealed from or upon the matters embraced therein or affected thereby…” Defendant White has perfected an appeal of the rulings upon which she seeks to have this court vacate, which appeal has not yet been fully resolved by the court of appeal. The court of appeal has denied plaintiff's motion to stay the appeal pending this trial court resolving this motion, the court of appeal observing that the issuance of a decision concerning whether t...

Excerpt: ...490003002d005800 000300250048004f0044[nio RULING: Motion to Strike Portions of Plaintiffs' Second Amended Complaint (lead case, Smith) is GRANTED WITHOUT LEAVE TO AMEND. The amended pleading does not sufficiently plead facts showing conduct by the moving defendant toward plaintiffs giving rise to oppression, fraud or malice, which conduct caused the harm complained of. Specifically, there are no facts establishing awareness of an unfitness on the...

Excerpt: ...ross-complainant Los Angeles County Treasurer and Tax Collector's Motion for Order of Discharge and Dismissal of Plaintiff Stakeholder is granted. The court finds that cross- complainant has deposited with the clerk of the court the sum it is holding, and, as cross- complainant is a mere stakeholder with no interest in the amount or any portion thereof, conflicting demands have been made upon it for the amount by parties to the action, and notice...

Excerpt: ...Party: Plaintiff Karo Yepremian RULING: Defendant Samuel's Motion to Compel Responses to Written Discovery Requests is moot in light of the service of responses prior to the hearing. Monetary sanctions in the amount of $ 1,000.00 [$1,247.50 requested] are awarded against plaintiff Karo Yepremian, payable within 30 days to defendant's counsel. CHRONOLOGY Date Discovery served : September 19, 2017 <0003000300310032000300 00360003003600280035[VED Da...

Excerpt: ...t Amended Complaint: The meet and confer declaration filed by defendants indicates that in violation of plaintiffs' obligations under CCP § 430.41, plaintiffs failed to respond to a meet and confer letter from defendants. The parties are ordered to meet and confer in good faith in the hallway, plaintiffs are ordered to prepare the required declaration under CCP § 430.41 that sets forth the results of the meet and confer, and the parties are the...

Excerpt: ...e stay of Case No. BC 615178, on the ground Larry Quisenberry does not have standing, and ordered a demurrer in Case No. BC 631077, previously set on April 7, 2017, to be heard this date. It appears that the stay may have also been lifted for the limited purpose of hearing the demurrer previously set on April 7, 2017, in Case No. BC 615178 on the issues other than standing. <0046004800550051005600 1d> 1. The court is not certain why two actions a...

Excerpt: ... and third cause of action for fraud are not alleged with sufficient specificity. See Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73 (Generally, in a fraud cause of action, a plaintiff must allege specifically how, what, where, to whom and by what means a defendant made a misrepresentation). The causes of action fail to clearly allege where the alleged misrepresentations were made, and by what means they were made, in effect, whether they wer...

Excerpt: ...ts RULING: Defendants T-Mobile USA, Inc. and T-Mobile West, LLC's Motion for Protective Order: The court in its discretion has considered the untimely opposition, filed and served two court days late, only because a reply has been filed addressing the opposition on its merits, which the court has had sufficient time to consider. However, counsel for plaintiffs is again cautioned that in the future the court may refuse to consider papers not filed...

Excerpt: ...aternity, Inc. Responding Party: Plaintiffs Maria Serrato and Armando Villa Causes of Action from Second Amended Complaints 1) Negligence SUMMARY OF COMPLAINT: The lead action in this matter is brought by plaintiffs Maria Serrato and Joseph Serrato who allege that they are the mother and stepfather and lawful heirs of Armando Daniel Villa, who died on July 1, 2014. Plaintiffs allege that defendants the California State University, Pi Kappa Phi Fr...

Excerpt: ... of the court that plaintiff's health is such that a preference is necessary to prevent prejudicing his interest in the litigation. The Court needs more evidence regarding the plaintiff's medical condition given that plaintiff has been resisting discovery on this issue. Responding Party: Defendant Meighan Howard and intervenor Tommie Howard RELIEF REQUESTED: Order setting trial date to commence on or before 120 days from date of hearing FACTUAL B...

Excerpt: ... the action pursuant to Amendments to Complaint in place of Doe 1 and Doe 2. Plaintiff is permitted leave to amend to allege the specific conduct engaged in by each moving defendant which gives rise to defendant's liability under each cause of action alleged, if appropriate, and which addresses the arguments raised in the moving papers. Request in the opposition to disregard the demurrer as not verified is DENIED. Request for Judicial Notice is G...

Excerpt: ...ULED to the first cause of action for breach of contract. Demurrer is SUSTAINED WITHOUT LEAVE TO AMEND to the second cause of action for breach of implied covenant on the ground the pleading does not allege any breach of an implied covenant, but a breach of the alleged express terms of the contract, and so is duplicative of the first cause of action. Demurrer is SUSTAINED WITH LEAVE TO AMEND to the third cause of action for fraud. fourth cause of...

Excerpt: ... only of the fact of each recorded document's recording, the date each document was recorded and executed, the parties to the transaction reflected in the recorded document, the document's legally operative language, and any legal effect of the document which is clear from its face. See Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal. App.4 th 256, 265. Ten days to answer. RELIEF REQUESTED: Sustain demurrer to fourth and fifth causes of action ...

Excerpt: ...vices, Inc. in regard to plaintiff's fourth cause of action for intentional infliction of emotional distress Moving Party: Defendants Westfield Group, Westfield America, Inc., Westfield LLC, Santa Anita Shoppingtown, LP, Santa Anita Borrower LLC, Westfield Property Management and Nationwide Janitorial Services, Inc. Responding Party: Plaintiff Diane Boroudian RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controv...

Excerpt: ...uses of action of First Amended Complaint Strike punitive damages, remedies pursuant to probate code, treble damages MEET AND CONFER? Ok CAUSES OF ACTION: From First Amended Complaint 1) Financial Abuse of an Elder 2) Fraud 3) Fraud by Concealment 4) IIED 5) NIED 6) Legal Malpractice 7) Breach of Fiduciary Duties 8) Cancellation 9) Restitution 10) Restitution Under Business & Professions Code Section 17200 et seq. 11) Disgorgement of Legal Fees 1...

Excerpt: ...hird, Fourth, Fifth and Sixth Causes of Action of Complaint MEET AND CONFER? Yes, Plaintiff did not respond CAUSES OF ACTION: From Complaint 1) Breach of Contract 2) Breach of Fiduciary Duty 3) Civil Conspiracy 4) Aiding and Abetting Breach of Fiduciary Duty 5) Tortious Interference 6) Declaratory Relief SUMMARY OF FACTS: <004a004800560003005700 00510047004400510057[ Narek Papukyan (“Narek”) who had for a number of years pursued a business in...

Excerpt: ...my Nehme Responding Party: Defendants Romanov Restaurant and Lounge and Mikayel Istrayelyan RULING: Motion for Order Permitting Discovery of Financial Conditions and Profits is DENIED, procedurally and on its merits. The motion was not brought on sufficient notice, and the motion appears premature until the court has ruled upon defendants' challenge to the claim for punitive damages. Substantively, the affidavit filed with the motion apparently r...

Excerpt: ...00f000300150013001400 004b004800440055004c[ng on an ex parte application for an order vacating and extinguishing a stay injunction, the court ordered a stay of this matter to remain in effect until 2/27/18, after which the court noted defendant could seek a writ of possession. The court ordered: “Plaintiff has until 2/27/18 to seek an Ex Parte Preliminary Injunctive Order and the Court will Set a Hearing on Preliminary Injunction within the Sta...

Excerpt: ...o, Anthony Serpa, Specially Appearing Non-Party Parsons Environment & Technology Group, Inc. <0003003600580055004800 00560058004f0057004c[ng Group “Joinder” in Suresite's opposition T-Mobile Defendants RULING: Motion for leave to amend the complaint is DENIED. The motion fails to comply with the procedural requirements of CRC 3.1324(a) and (b), as there is no proposed eighth amended complaint filed or served so that the court and the parties ...

Excerpt: ...t of Undistributed Surplus Proceeds is CONTINUED for the submission of a copy of the notice served and an appropriately dated and executed proof of service designating what document was served, or for further notice to be served, and for clarification concerning whether no claims, one written claim, or multiple claims were made, and if claims were made, for copies of such claims and other information concerning the claimants. SUMMARY OF FACTS: Pe...

Excerpt: ...intiff Esteban Montenegro (No Opposition) RULING: [No Opposition] (Were all parties served with the motion and given notice of hearing pursuant to code and in compliance with this court's order of January 12, 2018?) UNOPPOSED Motion for Permission to File Complaint in Intervention Under Civil Code § 387(b) is GRANTED pursuant to CCP section 387(b) and CCP section 405.30, based on the uncontroverted evidence submitted showing that Everyday Rich, ...

Excerpt: ...Party: Defendants Select Portfolio Servicing, Inc. and The Bank of New York Mellon, as Trustee Responding Party: Plaintiff Poonsook Brainangkul RULING: CCP 437c(g): Material facts which do or do not create a triable issue of controversy: The court in its discretion has considered the opposition memorandum of points and authorities, despite the fact that they exceed the page limitations for such a document. The court has considered the entire oppo...

Excerpt: ...Nack Ngue for an Order to Quash Subpoena is GRANTED in part. American Express CT Corporation is ordered to respond to the Deposition Subpoena for <0050004500480055000300 000f0003004f004c0050[ited to the records dated from January 1, 2008 through January 27, 2014. Records from January 28, 2014 through the present are not to be produced. The court finds that defendant has established an objectively reasonable expectation of privacy in his personal ...

Excerpt: ...tt Tai Thvedt & Hodges, LLP is DENIED. Carl A. Botterund; Ritt Tai Thvedt & Hodges, LLP is ordered to fully comply with the Deposition Subpoena for Production of Business Records issued on November 9, 2017 within ten days. RELIEF REQUESTED: Order quashing or limiting scope of deposition subpoena MONETARY SANCTION (CCP §§ 2033(k), (l), 2023(b)(1), (c) ) None sought DECLARATION SUPPORTING MOTION: Executed per CCP §§ 2015.5, 2030(l); CRC 315(a):...

Excerpt: ...e Compensation Insurance Fund <0049004900030036004800 0044005c00550052004f[l Management, Inc. (Amend) Responding Party: Defendant State Compensation Insurance Fund RULING: Plaintiff Sessions Payroll Management, Inc.'s Motion for Leave to File a Second Amended Complaint is GRANTED. Plaintiff has failed to lodge the proposed pleading separately. Plaintiff is ordered to submit to the court by close of business this date a separate signed original of...

Excerpt: ...ng Zheng Zou RULING: Motion to Deem Facts Admitted is DENIED. The opposition indicates that timely responses based on executed proofs of service of the discovery requests were in fact served, and defendant in the supplemental papers submits no evidence disputing the date of service, and the timeliness of the responses. Monetary sanctions sought by defendant are DENIED. Monetary sanctions sought by plaintiffs in opposition to the motion are GRANTE...

Excerpt: ...Party: Defendant and Cross-Complainant Brett Vapnek (No Opposition) RULING: [No Opposition] Motion to Compel Further Responses and Compliance to Plaintiff and Cross-Defendant Brittain Soderberg's Request for Production of Documents, Set One, is not considered by the court as there are no proofs of service showing the moving papers were served on the responding party or any party. See CCP section 1010; 1005 (b); CRC Rule 3.1300 (a), (c). Or, if pr...

Excerpt: ...dants' UNOPPOSED Motion to Compel Arbitration and For Stay of Action Pending Arbitration is GRANTED. The court notes that it received no timely opposition to the motion to compel, as required by <00140015001c0013000f00 0048004a00440057004c[ons of the motion are deemed to be admitted by plaintiff. The court finds that an agreement to arbitrate the controversy exists, that there is no showing that there has been any waiver of the right to compel ar...

Excerpt: ...nsurance Company Responding Party: Defendant Cristina Talukder <0003000300030003000300 00030003002700480049[endant Mahboob Talukder (No Opposition) RULING: [No opposition] UNOPPOSED Motion by Plaintiff Chicago Title Insurance Company for Order Imposing Terminating Sanctions for the Misuse of the Discovery Process Against Defendant Cristina Talukder is GRANTED. Defendant has failed to comply with this court's orders of July 21, 2017, requiring def...

Excerpt: ...04c0056000300 004800110003[ Defendant has failed to lodge the proposed Motion to Strike and Demurrer separately. Defendant is ordered to reserve hearing dates for those motions with the Court Reservation System, and file original signed copies of the proposed pleadings with the court reflecting the reserved dates, along with the appropriate filing fees, by 4 p.m. this date. Defendant must also appropriately serve the pleadings. Pursuant to CCP §...

Excerpt: ...emurrer to Complaint is SUSTAINED to the entire complaint on the ground the pleading fails to allege actual innocence, or that plaintiff Xinlei Zhang has obtained postconviction relief. Coscia v. McKenna & Cunneo (2001) 25 Cal.4th 1194, 1201. The pleading here alleges that plaintiff Xinlei Zhang has retained other counsel to pursue a writ of habeas corpus. [Para. 30]. However, it does not appear that this relief has yet been granted, and there ar...