Excerpt: ... excusable neglect. A government tort claim must be presented within six months after accrual of the cause of action. Gov. Code §911.2. A plaintiff who fails to timely file a claim may seek relief for leave to present a late claim which must be presented within one year after accrual of the cause of action. Gov. Code §911.4(b). “If the public entity denies an application for leave to file a late claim, the claimant must obtain a court order f...

Excerpt: ...tice. Defendant argues that because judgment was entered in her favor in that case, plaintiff had no lawful reason to refuse defendant's proffered partial rent payment. That argument is not proper on a motion for new trial, as it could have been raised prior to trial, and was not mentioned in the trial of this matter. The agreed -upon jury instruction CACI 4327 was given. “A notice of intention to move for a new trial is deemed to be a motion f...

Excerpt: ... she does not pay the outstanding increased amount demanded. On February 29, 2024 the court granted Lady J's ex parte application for temporary restraining order to stay the auction of the inventory. A hearing for the preliminary injunction was set for April 3, 2024. See 2/28/24 Minute Order. On April 3, 2024 the court continued the hearing because defendant's papers were not served and allowed additional time. No opposition was filed. “[A] cou...

Excerpt: ...mended complaint alleges defamation, invasion of privacy and fraud against Townsend. On March 4, 2024, Townsend filed a special motion to strike (anti -SLAPP) which is set for hearing on June 6, 2024. On March 11, plaintiff filed the instant motion “to strike” Townsend's motion to strike. Townsend filed her opposition on April 3, 2024. As of April 16, 2024, no reply has been filed. Plaintiff purports to make this motion to strike Townsend's m...

Excerpt: ...declaratory and injunctive relief. Defendant cross -complains f or (1) declaratory relief; (2) quiet title; (3) negligence; (4) private nuisance; (5) trespass; and (6) negligent trespass. Defendant seeks an order permitting a property inspection during trial, pursuant to Code of Civil Procedure section 651; see, e.g., People v. Fudge (1994) 7 Cal.4th 1075, 1104. The properties are located in a hillside area of Beverly Hills, 13 miles from the cou...

Excerpt: ...A)(3) as against VGA 4. Breach of Implied Warranty of Merchantability (Violation of CIV §§ 1791.1; 1794; and 1795.5) as against VGA 5. Violation of the Magnuson- Moss Warranty Act as against VGA 6. Negligent Repair as against AVN The first four causes of action stem from alleged violations of the Song -Beverly Act (SBA). Defendants move for summary judgment or in the alternative summary adjudication on all claims. On March 29, 2022, Plaintiff p...

Excerpt: ...the Barrington Plaza apartments in which numerous plaintiffs were injured and/or lost property and the Bru plaintiffs' decedent perished. Defendant Universal Protection Service (UPS) moves for summary judgment or, in the alternative, summary adjudication of plaintiffs' claims in 22STCV03442 and related cases 22STCV03650, 22STCV03445, and 22STCV24322, arguing that even though it had a contrac tual duty to perform services for Douglas Emmett Manage...

Excerpt: ...d and to the second cause of action on the ground that plaintiff Association lacks legal capacity to sue for declaratory relief. Defendants argue the first cause of action for breach of declaration of restrictions is subject to demurrer because the restriction on building a home pursuant to Paragraph 6 of the 1950 CC&Rs expired January 1, 1976. See Demurrer at pg. 7; FAC at ¶18, Exh. 1 at ¶ 6. They note the FAC alleges no other breach, and the ...

Excerpt: ...ises liability; and (3) negligence supervision. All defendants demur and move to strike requested attorneys' fees. Defendants' Demurrer “A¿demurrer¿tests the legal sufficiency of the factual allegations in a complaint.” Ivanoff v. Bank of America, N.A. ¿(2017) 9 Cal.App.5th 719, 725. The Court looks to whether “the complaint alleges facts sufficient to state a cause of action or discloses a complete defense.” Id. The Court “assume[s]...

Excerpt: ...air business practices in her 147 -page complaint. It is unclear from the FAC specifically what allegations are being made and what specific damages are being sought. Plaintiff attached photographs of patient file s and attic space, as well as text messages, 30 pages in total, to the FAC. Via the original complaint, filed 3/10/23, plaintiff sought $170 for unreimbursed parking/cell phone charges. She sought $100 in alleged unpaid wages, $62 for f...

Excerpt: ...nce makes a motion to dismiss/motion for judgment on the pleadings, and the court will treat it as such. Under the JCEO, “[a] copy of any written notice terminating a tenancy shall be filed with the Department within three business days of service on the tenant.” LAMC §165.05B(5), emphasis added. Failure to comply with this provision – or any provision of JCEO — may be raised as an affirmative defense by the tenant. LAMC §165.07. Emeral...

Excerpt: ...cting in her capacity as a real estate agent workin g for defendants Arbid and Power Brokers, Inc. Defendants Power Brokers International, Beverly Hills Fine Homes and Arbid (collectively “PBI”) demur, as do defendants Rexford Flats, Rexford 52 and Mehrdad (collectively “Rexford”). Rexford also moves to strike special and punitive damages. Defendants PBI Demurrer Negligence The elements of a cause of action for negligence are (1) duty, (2...

Excerpt: ..., to lift the stay of proceed ings and return the matter to court. Under Cal. Code of Civ. Proc. §1284.3(b)(1), “[a]ll fees and costs charged to or assessed upon a consumer party by a private arbitration company in a consumer arbitration, exclusive of arbitrator fees, shall be waived for an indigent consumer.” Plaintiff cites Cinel v. Barna (2012) 206 Cal.App.4th 1382, arguing the case states an indigent party's arbitration fees are waived, ...

Excerpt: ..., under which units in Doe's building would be converted from rentals to condominiums. Olson would purchase units, and Doe would choose one unit as her residence . Doe regularly used her condo for short term rentals through Airbnb, which she claims was permitted under her agreement with Olson. Doe alleges Olson and his friends harassed her, spreading defamatory rumors, spying on her, recording her without consent, tampering with her unit, intimid...

Excerpt: ...ancial discovery regarding Popeye and Weiss, supported by testimony given at the depositions of plaintiff, defendant and plaintiff's partner witness Markelian. Trial is scheduled for April 15, 2024, having been set on June 13, 2023. Civil Code 3295(c) states “No pretrial discovery by the plaintiff shall be permitted … unless the court enters an order permitting such discovery… However, the plaintiff may subpoena documents or witnesses to be...

Excerpt: ...'s personal property valued at over $100,000. Defendant moves to strike plaintiff's request for punitive damages on the grounds that the allegations supporting the request are impermissibly vague and do not state sufficient facts to support the claim. Punitive damages are allowable only when plaintiff proves defendant has been guilty of oppression, fraud or malice. Cal. Civ. Code §3294(a). Facts giving rise to a claim for punitive damages must b...

Excerpt: ...the written a greement was orally modified in 2015, with UB to receive a monthly $300 fee. UB alleges 20% of net profits from the property's rental income would be calculated at the end of each year, with UB receiving the difference between that percentage and the $3,600 received in monthly payments. Defendants dispute the terms of the 2015 agreement, arguing UB is entitled only to a monthly $300 fee, not 20% of each year's net rent profits. UB a...

Excerpt: ...and mat erials. In 2005 the Wolfs signed a promissory note for $500,000 in favor of Jerry and Orit Kohen, secured by a deed of trust on the Wolfs' home. Between 2005 and 2015, Yaakov Wolf made payments toward satisfaction of the purported debt. In 2016, the Kohens assigned the note and deed of trust to defendant Haroni. The Kohens argue the Wolfs repeatedly drew on a line of credit created by the promissory note; the Wolfs argue Eisenberg drew on...

Excerpt: ...Cohens disagree that a settlement agreement was ever formed, as party Elaine Cohen failed to sign. Cross -defendants Paul and Elaine Cohen demur to the third cause of action for breach of a settlement agreement and seventh cause of action for estoppel. They also move to strike portions of the cross -complaint. The Kaplans request sanctions against Paul Cohen and his former counsel Bloch for falsely representing that Elaine Cohen signed the settle...

Excerpt: ...trike the complaint under the anti -SLAPP statute. Evidentiary Objections: OVERRULED. Courts resolving an anti -SLAPP motion under Cal. Civ. Code §425.16 follow a two- step process. Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 733. In prong one, the court determines whether the conduct underlying plaintiff's cause of action arises from defendant's constitutional rights of free speech or petition. Baral v. Schnitt (2016) 1 Cal. 5th 37...

Excerpt: ...raud, elder abuse, intentional infliction of emotional distress and negligent infliction of emotional distress. Defendant Wells Fargo demurs. Common Law Claims/UCC Division 11 of the California Uniform Commercial Code displaces common law claims where provisions of the article cover the “circumstances giving rise to the common law claims[.]” Zengen v. Comercia Bank (2007) 241 Cal.4 th 239, 251-253. Successive sections of Division 11 address t...

Excerpt: ...ants and/or is an alter ego of defendant Blaine Labs. On November 2, 2023 the court sustained Cabo's demurrer to the first amended complaint due to failure to adequately allege conspiracy or alter ego liability. He now demurs to the third amended complaint (TAC), arguing plaintiffs still have not adequately a lleged conspiracy or alter ego liability. Conspiracy allegations against Cabo have not been amended since the FAC. This is a tacit admissio...

Excerpt: ... declare Visconti a vexatious litigant and for an order requiring Visconti to post a security bond or dismiss her cross-complaint. Plaintiff provides a proof of service on Visconti, who is currently incarcerated, and Murphy, who was served on January 25, 2024, via US mail and electronic service. A trial court may order a party, the party's attorney or both to pay the reasonable expenses, including attorney's fees, incurred by another party as a r...

Excerpt: ...endant of the basis on which the plaintiff is seeking relief.” E.g. Perkins v. Superior Court (1981) 117 Cal.App.3d 1, 6. Uncertainty All causes of action in the FAC are alleged with a similar formula. All preceding paragraphs are re-alleged and incorporated. Then Doe states in a conclusory fashion that defendant engaged in conduct constituting the elements of the claim. This is insuffic ient to overcome demurrer. The court cannot determine whe...

Excerpt: ...videntiary Objections: Martin's objections OVERRULED. Under the “Sidewalk Accident Decision Doctrine,” a landowner's duty to repair and maintain an adjoining sidewalk is not owed to persons who use the sidewalk, unless the landowner causes the sidewalk's dangerous condition. Alpert v. Villa Romano Homeowners Assoc. (2000) 81 Cal.App.4th 1320, fn. 11. A property owner can be liable for “suffering the roots of his tree to cause, with his know...