Excerpt: ...uling of the court and no appearance will be necessary at the May 25, 2018 hearing. To submit by email refer to the instructions above. If both parties do not submit on the tentative ruling, the oral argument is continued to June 15, 2018, 8:30 a.m. Plaintiff to give notice. Hearing Date: Friday, May 25, 2018 Case Name: Grady, et al. v. Solar Energy Technologies, et al. Case No.: BC667548 Motion: Rescind Prior Order Pursuant to CCP § 473(b) and ...

Excerpt: ...tax costs is GRANTED. As to Item No. 4, Deposition Costs, Defendants Havas Edge, LLC and Rare Collectible TV, LLC's recoverable costs are reduced from $41,424.27 to $20,712.13. As to Item No. 16, Other Costs (Discovery Referee Defendants Havas Edge, LLC and Rare Collectible TV, LLC's recoverable costs are reduced from $24,031.25 to $12,015.62. Plaintiffs move for an order taxing the requested costs of Havas and RCTV (collectively “Alter Ego Def...

Excerpt: ...2b00110003002e00 00470003002d00520044>nne Lee Kaplan's motion for leave to introduce a handwriting expert at trial is DENIED. Plaintiffs move for leave to introduce a handwriting expert at trial on the grounds that (1) Plaintiffs' expert disclosure was timely made more than 50 days before the currently-scheduled trial date; or (2) Plaintiffs' late disclosure should be excused pursuant to CCP § 2034.710. Plaintiffs argue that after asserting unde...

Excerpt: ... moves for relief from waiver of its discovery objections for its responses to First Set of Form Interrogatories, First Requests for Admission, and First Requests for Production of Documents and Things (collectively the “Subject Discovery”) served by Plaintiff on January 17, 2018. Triple M moves pursuant to CCP §§ 2031.300(a) and 2030.290(a) on the grounds it has served responses to the Subject Discovery that substantially complies with the...

Excerpt: ...uments Moving Party: Defendant/Cross-Complainant/Cross-Defendant Yvonne Johnson Responding Party: Cross-Defendant/Cross-Complainant Jeff Davani The following four motions by Defendant/Cross-Complainant/Cross- Defendant Yvonne Johnson are MOOT since they have been resolved by the informal meet and confer efforts of the parties: (1) Compel Responses to Form Interrogatories, Set One; (2) Compel Responses to Request for Production of Documents, Set O...

Excerpt: ... Foundation Hospitals Defendants Kaiser Foundation Health Plan, Inc., Southern California Permanente Medical Group, and Kaiser Foundation Hospitals' (“Defendants”) petition to compel arbitration is CONTINUED to May 21, 2018, 8:30 a.m. The petition is a 125-page document containing four declarations and four exhibits, but fails to comply with California Rules of Court (“CRC”) Rule 3.1110(f)(3) which requires each paper exhibit to be separa...

Excerpt: ... the First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the Fifth and Sixth Causes of Action. <0057004b004c0051000300 00490055005200500003[date of this ruling. On September 26, 2017 the Complaint was filed. On January 18, 2018 Plaintiff Jane Doe (“Plaintiff” or “Doe”) filed the First Amended Complaint (“FAC”) against Defendants Uber Technologies, Inc. (“Uber”), Frank Sanders (“Sanders”), and Does 1 through 100 f...

Excerpt: ...q. and Joan Kenegos, Esq. of Kaplan, Kenegos & Kadin to be relieved as counsel of record for Defendant Final Touch Collision Center is GRANTED. To avoid any prejudice to Defendant, the Court is continuing the Final Status Conference from June 13, 2018 to June 27, 2018, 8:30 <0003001c000f0003001500 00130003004400110050>. Since Defendant Final Touch Collision Center is an entity it must be <0003005a004b005c000300 005700030029004c0051>al Touch Colli...

Excerpt: ...Pursuant to California Rules of Court Rule 3.1320(g) Defendant Standard Fabrics International, Inc. is to file its Answer to the Complaint within five calendar days from the notice of this ruling. BACKGROUND On February 23, 2018 Plaintiff 667 Santa Fe Arts District, LLC (“Plaintiff” or “667 Santa Fe Arts District”) filed the Complaint for Unlawful Detainer against Defendant Standard Fabrics International, Inc. (“Defendant” or “Stand...

Excerpt: ...Pursuant to California Rules of Court Rule 3.1320(g) Defendant Standard Fabrics International, Inc. is to file its Answer to the Complaint within five calendar days from the notice of this ruling. BACKGROUND On February 23, 2018 Plaintiff 667 Santa Fe Arts District, LLC (“Plaintiff” or “667 Santa Fe Arts District”) filed the Complaint for Unlawful Detainer against Defendant Standard Fabrics International, Inc. (“Defendant” or “Stand...

Excerpt: ...800510056>el of record effective upon the filing of the proof of service of the Court's order and this ruling on DataGrill, LLC. <0003000300030003000300 00030003000300030003> Because DataGrill, LLC is an entity, it is prohibited from representing itself in Court and must be represented by a licensed attorney. An OSC re why the Court should not strike the answer filed on August 4, 2017 by DataGrill, LLC is set for April 30, 2018, 8:30 a.m. The Fin...

Excerpt: ...t dated September 18, 1989 to the Complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the First, Second, Third, and Fifth Causes of Action. Moving party shall submit a proposed order and proposed judgment within 10 court day s of this order. BACKGROUND On December 18, 2017 Plaintiffs Norma Salvatera Aurelio (“Aurelio”), Adolpino Aguayon (“Aguayon”), Perfecto Tobias (“Tobias”), and Ner Azaula (“Azaula”) (collectively “Plaintiffs�...

Excerpt: ...4800 00560003004700480050[urrer to the First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the Fifth and Sixth Causes of Action. Answer must be filed within 10 days of this ruling. BACKGROUND On September 26, 2017, the Complaint was filed. On January 18, 2018 Plaintiff Jane Doe (“Plaintiff” or “Doe”) filed the First Amended Complaint (“FAC”) against Defendants Uber Technologies, Inc. (“Uber”), Frank Sanders (“Sande...

Excerpt: ...GROUND On September 27, 2017 Plaintiffs Frank Nyberg (“Frank”)[1] and John Nyberg (“John”) (collectively “Plaintiffs”) filed the Complaint against Defendants Peter J. Moacanin (“Moacanin”), Catherine M. Francis (“Francis”), and Does 1 through 50 (collectively “Defendants”) for (1) partition of real property; (2) breach of fiduciary duty; and (3) constructive fraud. Plaintiffs allege the parties are each the four co-owners ...

Excerpt: ...e Han Responding Party: *UNOPPOSED* Notice: OK Ruling: Defendant and Cross-Complainant Exhibit JCM, Inc. and Defendants <005000530048004f000300 > responses to (1) Form Interrogatories, Set No. One; (2) Requests for Admissions, Set No. One; and (3) Request to Produce Documents, Set No. One are DENIED without prejudice. Moving party may refile the motions and correct the deficiencies These three motions are wholly inadequate. Besides general citati...

Excerpt: ...Rare Collectibles TV, LLC, Revenue Frontier, LLC, Havas Edge LLC Notice: OK Ruling: Plaintiffs Art & Coin Television, LLC, Barry Chappell, and Barry Chappell, Inc.'s motion for an order compelling production of native QuickBooks files, and any other native files, pursuant to the previously ordered production of financial documents by Lawrence Sternshein is GRANTED. Plaintiffs move for an order compelling Lawrence Sternshein and/or his and opposin...

Excerpt: ...ntiff/Cross-Defendant Maureen Mansfield's motion to strike the First Amended Answer to the Complaint is DENIED. BACKGROUND On November 03, 2017 Plaintiff Maureen Mansfield (“Mansfield”) filed the Verified Complaint against Lawrence Jay Lipton (“Lipton”) as an individual and trustee of The Lawrence Jay Lipton Trust (the “Lipton Trust”), the Lipton Trust, and Does 1 through 50 for (1) public nuisance; (2) private nuisance; (3) maintenan...

Excerpt: ...oss-Defendant Jean-Claude Guillosson's demurrer to the Cross-Complaint is OVERRULED. The answer to the Cross-Complaint must be filed and served within 10 days of this ruling. Cross-Defendant/Plaintiff Maureen Mansfield and Cross-Defendant Jean-Claude Guillosson's motion to strike the Cross-Complaint is DENIED. BACKGROUND On November 03, 2017 Plaintiff Maureen Mansfield (“Mansfield”) filed the Verified Complaint against Lawrence Jay Lipton (�...

Excerpt: ...nce and imposition of evidentiary sanctions pursuant to such finding is DENIED. All requests for monetary sanctions are DENIED. Revenue Frontier, LLC (“Defendant”) moves for an order finding spoliation of evidence against ACTV and/or Chappell (collectively “Plaintiffs”) on the grounds that Plaintiffs destroyed desk calendars containing contemporaneous notes of quoted media rates from other media brokers despite litigation being reasonably...

Excerpt: ...ll, Inc. Ruling: Defendants Gregory Thomas, Rare Collectibles TV, LLC, Revenue Frontier, LLC, and Havas Edge, LLC's motion to set an OSC re: Contempt and issue monetary sanctions is DENIED. Thomas, RCTV, RF, and Havas (collectively “Defendants”) move for an order pursuant to CCP §§ 1209 et seq<0033004f0044004c005100 00520058004f00470003[not be held in contempt of the Court's November 07, 2017 and January 02, 2018 orders and why monetary san...

Excerpt: ...00 004c0051004700440003>G. Hemphill, Esq. and Diane Garrity, Esq. to appear pro hac vice on behalf of Plaintiff Marah McMillan in the instant action are DENIED WITHOUT PREJUDICE. If the fee is paid and proof of payment is <0046004b00030015001900 0f0003> 2018 hearing the Court will grant this motion. California Rules of Court (“CRC”) Rule 9.40 governs pro hac vice appearances, and requires that an applicant submit a verified application settin...

Excerpt: ...ng Du d/b/a Shang Jie Kitchen's demurrer to the Complaint and each cause of action therein is OVERRULED. Answer must be filed and serve 10 days from this ruling. Noodle Land and Du (collectively “Defendants”) demur to the Second through Ninth Causes on the grounds the FAC fails to state facts sufficient to constitute a cause of action and each claim is uncertain. Plaintiffs argue each cause of action is properly alleged against Defendants and...

Excerpt: ...Fifth Causes of Action. Second Amended Complaint must be filed within 10 days of this ruling. <0048005c00030044005100 00030026004400550048[giver, Inc.'s notice of joinder to the demurrer is DENIED. Such notice fails to comply with the filing and notice requirements of CCP § 1005(b). See Frazee v. Seely (2002) 95 Cal.App.4th 627, 636-37 (notice of joinder must comply with the filing and notice requirements for a motion). Defendant Triple M Manage...

Excerpt: ...osition was filed. ANALYSIS I. Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. Donabedian v. Mercury Ins. Co. (2004) 116 <0003002500480049005200 0003000b0037004b0048...

Excerpt: ...onfirm the arbitration award is GRANTED. BACKGROUND <004c004600030031004400 0047004c004400030035[ights, LLC (“Plaintiff” or “PNMR”) filed the Complaint against Defendants Rodney Sampson (“Sampson”), an individual as trustee of the G.L. Trust (collectively with Sampson known as “GLT”), Sycamore Entertainment Group, Inc. (“SEGI”), and Does 1 through 25 for (1) breach of contract (term sheet)[1]; (2) breach of contract (operating...

Excerpt: ...uling: The motion of David K. Dorenfeld and Michael W. Brown of Dorenfeldlaw, Inc. to be relieved as counsel of record for Defendants/Cross-Complainants John C. Lukes and Kathryn A. Lukes is GRANTED. Counsel is relieved as counsel of record effective upon the filing of the proof of service of the Judicial Council order form upon the client. <0003004700440057004800 004c0051005800480047> from November 05, 2018 to March 4, 2019, 9:30 a.m. and the Fi...

Excerpt: ... the pleadings as to the Cross-Complaint is DENIED. Liang and Liang & Lee Holding (collectively “Cross-Defendants”) move for judgment on the pleadings as to the Cross-Complaint and each cause of action therein on the grounds the Cross-Complaint fails to allege sufficient facts to constitute any cause of action and is merely brought to mimic the operative pleadings in the FAC. MPK, Artesia, and Cao (collectively “Cross-Complainants”) argue...

Excerpt: ...ING: Defendants Gregory Thomas, Rare Collectibles TV, LLC, Revenue Frontier, LLC, and Havas Edge, LLC motion to place documents permanently under seal which were conditionally filed under seal in support of Plaintiffs <0051004700030025004400 00530048004f004f000f> Inc. oppositions to pending motions for summary judgment and adjudication is DENIED. All documents filed conditionally under seal in connection with the motions for summary judgment and ...

Excerpt: ...d Complaint is GRANTED. The First Amended Complaint must be filed and served within 10 court days of this order. Plaintiffs move for an order permitting amendment to the Complaint and the filing of the Proposed First Amended Complaint (“PFAC”). Plaintiffs move on the grounds they recently discovered that on July 21, 2017 Defendants transferred 2351 Mount Olympus via gift deed to Mount Management, Inc. and that Defendants' daughter, Caroline D...

Excerpt: ... Blue Cross of California d/b/a Anthem Blue Cross and Anthem Blue Cross and Health Insurance Company's demurrer to the First Amended Complaint is OVERRULED as to the First, Third, Fourth, and Fifth Causes of Action. <0003005200490003002600 00440003004700120045[/a Anthem Blue Cross and Anthem Blue Cross and Health Insurance Company's demurrer to the First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the Second and Sixth Causes of Ac...

Excerpt: ...nt is OVERRULED as to the First, Third, Fourth, Fifth, and Seventh Causes of Action. Answer to First Amended Compliant must be filed 10 days from the date of this ruling. I. Demurrer A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. When considering demurrers, courts read the allegations liberally and in context. The only issue involved in a demurrer hearing is whether ...

Excerpt: ... ruling. Lalji and Burga (collectively “Defendants”) demur to the First Amended Complaint (FAC) and the First, Second, and Third Causes of Action on the grounds Plaintiff fails to allege sufficient facts to constitute the claims asserted and that Defendants did not owe Plaintiff any fiduciary duties and Plaintiff only alleges that Defendants could potentially become shareholders. Plaintiff argues the demurrer is barred by CCP § 430.41(b) and...

Excerpt: ...03> GRANTED. BACKGROUND On November 13, 2017 Plaintiff Cristina Elizabeth Dominguez (“Cristina”), individually and as successor-in-interest to Decedent Jose Manuel Dominguez (“Jose” or “Decedent”), and as guardian ad litem of her minor children Fabiola Elizabeth Dominguez (“Fabiola”), Manuel Alexander Dominguez (“Manuel”), Diego Jared Dominguez (“Diego”), and Minerva Zuleth Dominguez (“Minerva”) filed the Complaint aga...