Excerpt: ... Decl. ¶¶ 27-28.) Hamid Reisi, now a member of several of the plaintiff LLCs, purchased the property on 01/08/07. (Reisi Decl. ¶ 29.) He subsequently executed a series of grant deeds transferring title to the property to the various defendants. (See Reisi Decl. ¶¶ 30-35.) Plaintiffs now seek to quiet title as of 11/27/17, as that is the date that the title to the Property was transferred to them. (Reisi Decl. ¶ 36.) On 12/28/17, plaintiffs ...

Excerpt: ... against defendant for: (1) breach of contract; (2) declaratory relief; (3) restitution; (4) fraud – deceit; (5) unfair business practices; and (6) common counts. Plaintiff alleges that it consigned certain pieces of memorabilia to defendant for examination and inspection purposes only but that defendant wrongly sold the items at auction for far less than their actual value. ANALYSIS: "A written agreement to submit to arbitration an existing co...

Excerpt: ...f with LASD for over 30 years. The claims arise out of allegations that others within LASD were spreading rumors about plaintiff and another member of the Sheriff's department. Plaintiff alleges that the rumors were being spread for the purpose of destroying his career and that his family was subjected to harassment related to the rumors. Plaintiff filed a report to the Los Angeles County District Attorney's Office alleging potential criminal mis...

Excerpt: ... Code of Civil Procedure section 526a. ANALYSIS: Defendants demur to the complaint on the ground that it fails to state facts sufficient to constitute a cause of action. (See Notice of Demurrer, p. 1:27-28.) Specifically, defendants argue that plaintiff's single cause of action fails as a matter of law because “(1) section 526a cannot be used against a government entity for engaging in legal activity . . . ; and (2) section 526a does not apply ...

Excerpt: ...Sales Finance Act; (3) Violation of the Song-Beverly Consumer Warranty Act; (4) Breach of Contract; (5) unfair business practices; (6) fraud and deceit; (7) negligent misrepresentation; and (8) violation of California Vehicle Code section 11711. ANALYSIS: Plaintiffs seek to enforce the section 998 settlement that they entered into with defendant US Credit Corp, dba Car Search USA. On 12/07/17, plaintiffs timely accepted defendant's Code of Civil ...

Excerpt: ...sanctions. (See Minute Order, 12/18/2017.) On November 21, 2017, December 1, 2017, and December 18, 2017, the Court noted that it was “increasingly . . . concerned about plaintiffs' lack of response and the quality of the representation that plaintiffs are receiving in this wrongful death case.” Today the Court is granting Defendant Cedars-Sinai's Motion for Summary Judgment. This Motion for Summary Judgment has not been opposed. The Court's ...

Excerpt: ... for sanctions is DENIED. Plaintiff's request for judicial notice that “The flu typically lasts one to two weeks with the most severe symptoms lasting two to three days” is DENIED. First, there is no authority presented for this supposed “fact.” Second, such a “fact” is not a proper subject of judicial notice. Plaintiff's objections to Evidence Nos. 1 and 2 are OVERRULED. BACKGROUND: Plaintiff commenced this action on 05/18/16. On 08/...

Excerpt: ...te answer or a meritless or overly general objection in response to an interrogatory. (Code Civ. Proc., § 2030.300(a).) A motion to compel further responses to interrogatories lies where the party to whom the interrogatories were directed gave responses deemed improper by the propounding party; e.g., objections, or evasive or incomplete answers. (Code Civ. Proc., § 2030.300.) The moving party must also include reasons why further answers should...

Excerpt: ... Defendant moves the Court for an order “granting a prior separate trial on liability for breach of contract before trial on other causes of action and damages issues [in] this action.” (Notice of Motion, p. 1:26-2:1.) Defendant also seeks an order prohibiting the admission of evidence of defendant's profits or financial condition until after verdict pursuant to Civil Code § 3295(d). (Id. at p. 2:5- 8.) A court, in furtherance of convenience...

Excerpt: ...day. Plaintiff has also failed to oppose today's demurrer. The Court recognizes that plaintiff is suing in pro per, and that to the pro per litigant, “interrogatories, requests for admissions, law and motion proceedings, and the like” are “baffling devices.” (Bruno v. Superior Court (1990) 219 Cal.App.3d 1359, 1363, quoting Burley v. Stein (1974) 40 Cal.App.3d 752, 755, fn. 3.) This Court also agrees that “providing access to justice fo...

Excerpt: ...estor rights agreement); (3) breach of contract (master services agreement); (4) breach of contract (marketing agreement); (5) breach of fiduciary duty; (6) civil conspiracy; (7) conversion; (8) breach of the implied covenant of good faith and fair dealing; (9) unjust enrichment; (10) violation of Business & Professions Code section 17200; and (11) declaratory relief. On 12/28/17, Cross-Complainant DB Coworking Holdings Corp filed a Cross-Complai...

Excerpt: ...37. (Judgment of 02/01/18.) The Court also awarded plaintiff its costs of suit and attorney fees to be determined by way of subsequent motion. (Ibid.) ANALYSIS: Plaintiff moves for an order awarding them their attorney's fees in the total amount of $16,089.50 and costs in the amount of $662.25. (Notice of Motion, p. 2:5-6; Memorandum of Costs.) Attorney Fees "[A]s a general rule, attorney fees are not recoverable as costs unless they are authoriz...

Excerpt: ...edure section 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362. To comply with rule 3.1362, the moving party must submit the following forms: (1) Notice of Motion and Motion to be Relieved as Counsel; (2) Declaration in Support of Attorney's Motion to be Relieved as Counsel; and (3) Order Granting Attorney's Motion to be Relieved as Counsel. (Cal. Rules of Court, rule 3.1362(a), (c), (e).) The moving party must ...

Excerpt: ... relief. ANALYSIS: Plaintiff seeks leave to file a First Amended Complaint which adds new causes of action “to prove or establish document or instrument” and to “compel execution of duplicate of lost or destroyed private written instrument or document” pursuant to Civil Code section 3415. Under California Rules of Court rule 3.1324(a): (a) A motion to amend a pleading before trial must: [¶] (1) Include a copy of the proposed amendment or...

Excerpt: ...duce further, responsive answers to Form Interrogatories 2.5, 2.6, 2.8, 12.1, 12.2, 12.3, 12.6, and 14.1. 2. The motion to compel further responses from Size, LLC is GRANTED in part and DENIED in part. Defendant is ordered to produce all documents responsive to Requests for Production numbers 42, 46, and 49 as well as to produce answers to Form Interrogatories 12.1-12.3, 12.6, and 14.1. 3. The motion to compel further responses from Size Records ...

Excerpt: ...performance for breach of contract; (2) breach of implied covenants; (3) quiet title; (4) slander on title; (5) intentional interference with contractual relations; (6) unfair business practices; (7) defamation; (8) intentional infliction of emotional distress; (9) injunctive relief; and (10) declaratory relief. Coyle filed a Cross-Complaint on 8/31/17. Coyle filed a First Amended Cross Complaint on 12/22/17 against Cross-Defendants Jeremy Tarr, ...

Excerpt: ...(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 Sapphire for: (1) breach of contract; (2) breach of contract; (3) specific performance; (4) damages for rejection of defective goods; (5) rescission; (6) negligence; (7) equitable indemnity; (8) breach of warranty; (9) unfair business ...

Excerpt: ... GRANTED in part and DENIED in part. Defendant is ordered to produce all documents responsive to Requests for Production numbers 41, 45, and 53 as well as to produce answers to Form Interrogatories 12.1-12.3, 12.6, and 14.1. 3. The motion to compel further responses from Rebels Productions, LLC is GRANTED in part and DENIED in part. Defendant is ordered to produce all documents responsive to Requests for Production numbers 193-195, 207, 211, 212,...

Excerpt: ...ved supplemental responses pursuant to an agreement reached by the parties after they engaged in a court-ordered meet and confer on 01/31/18. (See Opposition, p. 1:6-14.) Nadeau does not seem to dispute this assertion; in fact, it is confirmed in the Joint Status Report re: Discovery that the parties filed on 02/06/18. Requiring the Court and its staff to analyze motions that are already moot does not advance the administration of justice. BACKGR...

Excerpt: ...r: (1) breach of partnership agreement; (2) promissory fraud; (3) promissory fraud; (4) breach of fiduciary duty; (5) failure to pay wages; (6) breach of oral contract; (7) negligence/failure to reimburse expenses; (8) unfair business practices; (9) quantum meruit; (10) declaratory relief; and (11) fraudulent conveyance ANALYSIS: Plaintiff seeks an order compelling the depositions of Size, LLC's person most qualified, Rebels Productions, LLC's pe...

Excerpt: ...D-F are already in the court's file, and hence judicial notice is not needed for these documents. BACKGROUND: Plaintiffs commenced this action on 9/8/17 against defendant seeking declaratory and injunctive relief for Constitutional and Legal Violation. Plaintiffs allege that the “Build Better LA” law adopted by ballot measure in November 2016 violates both the U.S. Constitution and the constitution of California by discriminating against non-...

Excerpt: ...is Court the time and expense of writing and deciding this motion. If plaintiffs disagreed, the Court would have expected an opposition. BACKGROUND: Plaintiffs commenced this action on 02/17/17. Plaintiff filed a first amended complaint on 10/02/17 against defendant for: (1) violations of California Labor Code §§ 1182.12 and 1197; (2) Violations of California Labor Code §§ 201, 202, and 203; and (3) declaratory relief. Plaintiffs allege that ...

Excerpt: ... of action. The Court declines to rule on the 137 evidentiary objections submitted by Plaintiff because it did not find the objections necessary or relevant to its decision on this motion. (CCP § 437c(q).) PRELIMINARY COMMENTS: The Court wishes to thank plaintiff's counsel for supplying a hyper-linked thumb drive, as requested in the Court's Trial Orders. (See Dept. 34's Trial Order, §VII(A).) BACKGROUND: Plaintiff commenced this action on 04/2...

Excerpt: ...ence. Defendant filed a chapter 11 bankruptcy on or around April 18, 2016 in the US Bankruptcy Court for the District of Delaware. Defendant filed notices of bankruptcy stay in this case on 05/13/16 and 05/18/16. Plaintiff moved for relief from the stay on 10/17/16 and the motion was granted by the Bankruptcy Court on 11/07/16. (See Report on Bankruptcy, 11/29/16.) On 01/11/18, this Court partially granted defendant's motion to strike and ordered...

Excerpt: ...18, the Court found that this case was related to another case, Honda Trading America Corp. v. Ehrlich et al. (BC664245). (See Minute Order of 01/24/18). ANALYSIS: Effective 1/1/16, Code of Civil Procedure section 430.41 provides, in relevant part: (a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purp...