Excerpt: ...ness and Professions Code section 17200. The actions pertain to plaintiff's agreement with Sunrise to secure refinancing of loans plaintiff had with other lenders. The trial was held in two phases. On 8/7/17, the Court found that plaintiff's cause of action for breach of oral contract was barred by the statute of limitations and that neither equitable tolling nor equitable estoppel apply. On 11/15/17, the Court granted defendants John Kohan and B...

Excerpt: ...following exception: plaintiff does not have to answer Form interrogatory No. 2.6. The motion to compel Benjamin Martinez's further responses to Form Interrogatories (Economic Litigation) is DENIED. The motion to compel Emilia Bolanos Guillen's response to Form Interrogatories (Economic Litigation) is GRANTED. The Court sanctions plaintiffs in the amount of $1,320.00. PRELIMINARY COMMENTS: The Court always finds it perplexing when a motion to com...

Excerpt: ...elf is not subject to judicial notice. BACKGROUND: Plaintiff commenced this action on 02/21/18 against defendants for: (1) false imprisonment; (2) conversion; (3) assault; (4) battery; (5) intentional infliction of emotional distress; (6) fraud; and (7) breach of contract. The claims arise out of events alleged to have occurred during plaintiff's stay at defendant's rehabilitation facility ANALYSIS: Defendant moves for an order compelling plainti...

Excerpt: ...nting; and (8) money had and received. On 08/09/17, defendants filed a cross-complaint against plaintiff for: (1) breach of contract; (2) breach of covenant of good faith and fair dealing; (3) quantum valebant; (4) fraud; (5) negligent misrepresentation; (6) unfair competition; (7) intentional interference with prospective economic relations; and (8) negligent interference with prospective economic relations. ANALYSIS: Under California Rules of C...

Excerpt: ...dant for violations of the Song-Beverly Act and the Magnuson-Moss Act as well as breach of the implied warranty of merchantability, breach of express written warranty, and fraud by omission. The action pertains to defects in a vehicle purchased by Plaintiff and manufactured by Defendant. ANALYSIS: Defendant demurs to Plaintiff's seventh cause of action — fraud by omission — on the grounds that it is barred by the statute of limitations; that ...

Excerpt: ...s entitled to his commission.” (See Notice of Motion, p. 2:8-10.) The facts at issue are identical to those addressed above. By way of summary, plaintiff submits evidence of the Fee Agreement under which plaintiff would become entitled to a commission of $119,280 upon the closing of the property. (See Motion, p. 5:6-10; See FAC, Exh. A.) Plaintiff then procured a loan in the amount of $2,982,000 from third-party lender Lone Oak Fund, LLC. (See ...

Excerpt: ...to plaintiff's agreement with Sunrise to secure refinancing of loans plaintiff had with other lenders. The trial was held in two phases. On 8/7/17, the Court found that plaintiff's cause of action for breach of oral contract was barred by the statute of limitations and that neither equitable tolling nor equitable estoppel apply. On 11/15/17, the Court granted defendants John Kohan and Bank of the West's motion for non-suit. On 11/17/17, the jury ...

Excerpt: ...) breach of implied covenant of good faith and fair dealing; (4) account stated; and (5) open book account. Plaintiff is a real estate broker and alleges that he was entitled to a fee of $119,280 pursuant to a written fee agreement under which he secured a loan for defendant. Plaintiff is a real estate broker and is licensed in his individual capacity. (DMF/PMF 1.) Plaintiff is also the “designated officer” of Abaran Capital Corporation, whic...

Excerpt: ...le when it was hit by another vehicle driven by plaintiff Zavala. (Compl., ¶ 7.) Kostanian suffered injuries as a result and filed an action against Zavala. (Ibid.) A judgment was entered in favor of Kostanian and against Zavala on 7/7/15 in the sum of $5,360,529.58. (Ibid.) At the time of the accident, Zavala was insured by defendant AMCO with a policy that had bodily injury limits of liability of $100,000.00 per person and $300,000.00 per occu...

Excerpt: ...action on 8/8/16. Plaintiff filed a first amended complaint on 8/22/16 against defendants Julian Bakery Inc. and Heath Squier for: (1) breach of contract; (2) goods sold and delivered; (3) account stated; (4) open book account; and (5) promissory fraud. Julian filed a cross-complaint on 9/8/16 against plaintiff and Ori Hofmekler. Julian filed a first amended cross-complaint on 11/14/16 against plaintiff, Hofmekler, Eagle Mist Corporation, and Sap...

Excerpt: ...endant Sage Management Co, Inc. He alleges that the other two owners, Michael and Joseph Schrage have looted the family business for personal gain and, among other things, improperly used company money to pay their own personal legal fees. ANALYSIS: Plaintiff Leonard Schrage and defendant Futterman Dupree Dodd Croley Maier LLP have filed cross-motions for summary judgement that both ask this Court to determine a single legal issue: whether Sage M...

Excerpt: ...bjects to the following statement of James Sgro, the President of Defendant Gold Coast: Objection No. 5: “I did not know Plaintiff personally but knew that she was an employee in Gold Coast's research and development department." Plaintiff objects on the following grounds: lacks foundation; lacks personal knowledge; and conclusory. (See Plaintiff's Evidentiary Objections.) Objection No. 6: “I found the language used in Exhibit 1 to be extreme...

Excerpt: ... incomplete. Only page 7 – the last page containing the signature of Birnbaum, is attached. BACKGROUND: Plaintiffs commenced this action on 06/28/13. On 07/23/14, plaintiff filed a First Amended Complaint against defendants for: (1) race discrimination in violation of FEHA; (2) harassment in violation of the FEHA; (3) retaliation in violation of the FEHA; and (4) failure to prevent harassment and discrimination in violation of the FEHA. After a...

Excerpt: ...il Code section 2923.7; (2) violation of Civil Code section 2923.6; (3) negligence; (4) intentional misrepresentation; (5) negligent misrepresentation; (6) breach of covenant of good faith and fair dealing; and (7) unfair business practices. ANALYSIS: Defendant demurs to the FAC in its entirety on the ground that plaintiff lacks standing to assert any of her causes of action. (See Demurrer, p. 3:6-8.) In the alternative, defendant demurs to each ...

Excerpt: ...t any records which contain communications subject to the marital communication privilege in Evidence Code section 980 must be redacted. BACKGROUND: Plaintiff commenced this action of 06/05/17. On 09/14/17, plaintiff filed a First Amended Complaint against defendants for: (1) violations of constitutional right of privacy; (2) intrusion into private affairs; (3) public disclosure of private facts; and (4) false light. Plaintiff alleges that she su...

Excerpt: ...o make payments under the agreement. ANALYSIS: Plaintiffs move to strike defendant's memorandum of costs on the ground that defendant is not a prevailing party and is therefore not entitled to recover any costs. “Except as otherwise provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc. § 1032, subd. (b).) On 02/06/18, defendant Layfield & Barret filed a memora...

Excerpt: .../deceit (suppression of fact); (3) negligent misrepresentation; (4) accounting; (5) negligence; (6) unfair business practices; and (7) declaratory relief. ANALYSIS: Defendant demurs to the complaint on the grounds that: (1) all of plaintiffs' claims are barred by the statute of limitations; (2) all of plaintiffs' claims are precluded by collateral estoppel; (3) all of plaintiffs' claims are precluded by the Superior Court's prior decision compell...

Excerpt: ...f action is OVERRULED. Defendant Marengo Manor Owners Association's demurrer to the first cause of action is OVERRULED. Defendant Marengo Manor Owners Association's Request for Judicial Notice of Exhs. A and B is GRANTED. Defendant's Request for Judicial Notice of Exh. C is DENIED. BACKGROUND: Plaintiff commenced this action on 5/5/17 against Defendants for: (1) rescission and restitution; and (2) constructive trust. Plaintiff purchased the subje...

Excerpt: ...ealing; (3)-(6) common law fraud; (7) unfair competition; and (8) breach of fiduciary duty. ANALYSIS: Plaintiff requests to admit Kamal Sleiman and Michael Austin to appear as counsel pro hac vice on his behalf. Under California Rules of Court, rule 9.40(a), [a] person who is not a member of the State Bar of California but who is a member in good standing of and eligible to practice before the bar of any United States court or the highest court i...

Excerpt: ...RULED. Defendants' motion to strike is DENIED. PRELIMINARY COMMENTS: Civil Code section 3295(e) provides that “[n]o claim for exemplary damages shall state an amount or amounts.” (Civ. Code § 3295, subd. (e).) The purpose of this requirement is to “prevent punitive damage claims being used as a financial bludgeon.” (Edmon & Karnow, supra, at ¶ 6:176.) In apparent violation of this section, plaintiff has requested punitive damages “. ....

Excerpt: ...tortious breach of implied warranty of habitability; (5) negligence; (6) private nuisance; (7) public nuisance; (8) conversion; (9) injunctive relief; and (10) violation of business and professions code § 17200 et seq. Plaintiffs are tenants in a building owned and/or managed by Defendants Morse, Coffman, and A.T.M. Business. Plaintiffs allege that Landlords allowed Defendant Kimberly Ye to move into the building and operate a prostitution busin...

Excerpt: ...e Song-Beverly Warranty Act; and (3) fraud. ANALYSIS: Defendant moves the Court for an order staying the present proceedings pending the outcome of an appeal of the nationwide settlement of a putative class action that was approved on 10/18/17. (See Notice of Motion, p. 2:6-10.) On 10/18/17, the federal district court for the Central District of California approved a nationwide settlement in Vargas v. Ford Motor Company. (See Def.'s RJN, Exh. E.)...

Excerpt: ... (4) breach of fiduciary duty; (5) quantum meruit; and (6) declaratory relief. ANALYSIS: Defendants move for an order staying the present action pursuant to a petition filed with the California Labor Commission and a pending arbitration in Sweden in the related case ofAssad v. Josefsson, et al. (BC634096). (See Notice of Motion, p. 1:6-12.) The petition filed with the Labor Commission concerns the issue of whether an agreement between Mr. Assad a...

Excerpt: ...ts in the amount of $2,060.00 BACKGROUND: Plaintiff commenced this action on 05/11/16. On 05/20/16, plaintiff filed a First Amended Complaint (“FAC”) against defendants for: (1) termination and retaliation in violation of Labor Code sections 1102.5 and 1102.6; (2) wrongful termination in violation of public policy; (3) promissory fraud/fraudulent inducement; and (4) alter ego. ANALYSIS: Plaintiff move the Court for an order compelling defenda...

Excerpt: ...guyen to the third, fourth, and fifth causes of action is OVERRULED. The motion to strike is GRANTED. BACKGROUND: Plaintiffs commenced this action on 09/28/17. Plaintiffs filed a First Amended Complaint (“FAC”) on 01/03/18 against defendants for: (1) constructive trust; (2) quiet title; (3) partition by sale; (4) slander of title; (5) breach of fiduciary duty; (6) fraud; (7) cancellation of instruments; (8) conversion; (9) accounting; (10) in...