Excerpt: ...e Farm, which is being tendered. The motion states the amounts to be paid as $52,000 to the Ong plaintiffs, $25,000 to Lagin, a total of $72,000. This is in excess of the policy limits. Hernandez and Cantillano seek a determination of good faith settlement as to the Ongs and Lagin, arguing inability to pay. “[A] defendant's settlement figure must not be grossly disproportionate to what a reasonable person, at the time of the settlement, would e...

Excerpt: ...ughlin, who were not parties to the agreement, were granted a stay of the proceedings in March 2017. See March 15, 2017 Minute Order. The arbitration was stayed in May 2020 due to ongoing criminal proceedings against defendant doctor Omidi. Ex. D to Liberatore Decl. Defendant Omidi was convicted and plans to appeal. Liberatore Decl. ¶8. Plaintiffs seek to lift the stay as to defendants Moe and Laughlin. Defendants in arbitration and Omidi, in pr...

Excerpt: ...act necessary to resolve their dispute.” Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843. “On a motion for summary judgment, the initial burden is always on the moving party to make prima facie showing that there are no triable issues of material fact.” Scalf v. D. B. Log Homes, Inc. (2005) 128 Cal.App.4th 1510, 1519. A plaintiff moving for summary judgment “has met his or her burden of showing that there is no defense to a c...

Excerpt: ...ny point prior to trial. Cal. Code of Civ. Proc. § 438. Judgment may be granted based on grounds that appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. Id. The defendants reference an order by Judge Young in Kashani v. Elyaszadeh, LASC Case No. SC118525, on September 24, 2021, granting defendant's application that upon transfer of an agreed-to amount, the three judgments at i...

Excerpt: ...al infliction of emotional distress. A prior demurrer was sustained with leave to amend; defendants demur to the SAC and move for sanctions pursuant to Code of Civil Procedure § 128.7. Demurrer 1. Nuisance The elements of private nuisance are (1) interference with use and enjoyment of property, (2) the invasion must be substantial such that actual damages occur, and (3) the interference must be unreasonable. Wilson v. Southern California Edison ...

Excerpt: ...s the sole right to fees owed under a Referral Agreement; (2) any demand defendants make for fees under the Referral Agreement violates the Rules of Professional Conduct; and (3) defendant FSML is not the successor in interest to defendant FSK, which employed plaintiff at the time the Referral Agreement was executed. Plaintiff moves for summary judgment or adjudication on four issues: (1) he has the sole right to the fees; (2) defendants' failure...

Excerpt: ...uded quiet title claims and some “overlap” issues raised by MRCA. After commencement of trial MRCA filed a request for dismissal without prejudice of its Coastal Act claims, entered August 18, 2022. Cross-defendants move to strike “without prejudice” and seek to have the court deem the dismissal with prejudice, per Code Civ. Proc. § 436. Cross-defendants' request for judicial notice of four court filings: (1) February 5, 2020, tentative ...

Excerpt: ...nts; and for an order deeming Requests for Admissions admitted. Plaintiff now moves for terminating sanctions and requests sanctions of $4,560. Plaintiff requests the Court take judicial notice of two online articles and the Case Information Summary from the Court website. A court has discretion to take judicial notice of "facts and propositions that are not subject to dispute and capable of immediate and accurate determination by resort to sourc...

Excerpt: ...ent on the trespass cause of action. The parties agree defendants' sale of their home moots all non-trespass causes of action. “A party may move for summary adjudication as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if that party contends that the cause of action has no merit or that there is no affirmative defense thereto, or that there is n...

Excerpt: ...xtent it asked for judgment on the pleadings. On August 12, 2022, PDTA filed this motion for judgment on the pleadings. No opposition has been filed. Also on August 12, 2022, Moldo filed a motion to approve and confirm sale of real property. No opposition has been filed. Motion for Judgment on the Pleadings Cross-Defendant PDTA moves for judgment on the pleadings as to Stockwell's First Amended Cross-Complaint. On August 30, 2022, pursuant to Sto...

Excerpt: ...nt before filing the demur. Oh Decl. ¶ 3-5. A demurrer for sufficiency tests whether the complaint states a cause of action. Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747. The defects must be apparent on the face of the pleading or via proper judicial notice. Code Civ. Proc., §§ 430.30, 430.70; Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994. At the pleading stage, plaintiff need only allege ultimate facts sufficient to apprise ...

Excerpt: ...d Elysienne's demurrer to the fraud cause of action with leave to amend. Elysienne now demurs to the causes of action for fraud and unfair business practices in the first amended cross-complaint and moves to strike. On September 14, 2022, Zadeh and Pineapple filed untimely oppositions, which the court will consider in the interest of justice. On September 22, 2022, Elysienne filed its reply. Demurrer Fraud Opinions are generally not actionable as...

Excerpt: ...her to grant a preliminary injunction, a court weighs the likelihood applicant will prevail on the merits and the comparative harm the parties will suffer if an application does not issue. King v. Meese (1987) 43 Cal.3d 1217, 1227. In actions between landowners based on defendant constructing an unpermitted improvement, plaintiff is generally – but not always -- entitled to a mandatory injunction requiring defendant to remove the encroachment. ...

Excerpt: ... Elysienne's demurrer to the fraud cause of action with leave to amend. Elysienne now demurs to the causes of action for fraud and unfair business practices in the first amended cross-complaint. On September 14, 2022 Zadeh and Pineapple filed an untimely opposition, which the court will consider in the interest of justice. Fraud Opinions are generally not actionable as fraud, unless accompanied by active misrepresentations or concealment or relat...

Excerpt: ...der the HOA's bylaws. The HOA seeks attorney's fees of $18,390, for 38.3 hours billed by two attorneys at $250/hour. The HOA requests the court award 16 hours at $450/hour for work by James Kosnett (JVK) and 22.3 hours at $350/hour for work by Louis Kosnett (LK). Additionally, the HOA requests 5.5 hours at $350/hour to draft this motion and 4 hours at $350 an hour reviewing the opposition, drafting a reply and appearing at the hearing. The prevai...

Excerpt: ...ng a lawsuit challenging a hospital's denial or withdrawal of privileges, a physician must exhaust available internal remedies. Westlake Community Hospital v. The Superior Court of Los Angeles County (1976) 17 Cal.3d 465, 476. To avoid a demurrer on these grounds, plaintiff must allege facts demonstrating all available administrative remedies were exhausted. Hood v. Hacienda La Puente Unified School Dist. (1998) 65 Cal.App.4th 435, 439. This rule...

Excerpt: ...as BANA's successor-in-interest. BoNYM moves for summary judgment on the grounds that its pooling and service agreement with BANA provides it is not liable for “any action or failure to act” by BANA. Additionally, BoNYM argues the action must be dismissed because it has not been brought to trial within five years of the complaint being filed. Okonkwo Objections: Objections 5 and 6 SUSTAINED (lack of foundation, legal conclusion, improper opin...

Excerpt: ...d deed of trust to defendant Haroni. Wolf sues for declaratory relief and quiet title. The Kohen and Haroni defendants demur on statute of limitations grounds. There is no codified statute of limitations for a quiet title claim, but courts generally apply the statute of limitations associated with the underlying theory of relief. Muktarian v. Barmby (1965) 63 Cal.2d 558. A lawsuit based on deceit by way of affirmative misrepresentation is subject...

Excerpt: ...l identifying information of persons other than Sarah Bull shall be redacted to protect such persons' privacy.” Defendants move to quash, arguing violation of Davodi and third-parties' privacy rights, overbreadth and lack of notice to third parties. The California Constitution protects the right to privacy. Cal. Constitution Art. 1 §1. A litigant seeking to obtain third-party information protected by this right must show a compelling need for ...

Excerpt: ...eges the responses were insufficient and moves to compel further. An IDC was held. A party propounding written discovery can move for further responses if they contend the responses are incomplete, evasive, inadequate, or include meritless objections. Cal. Code of Civ. Proc. §2033.290(a), 2031.310(a). An answering party owes a duty to respond in good faith as best he or she can. Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783. Generally, a party...

Excerpt: ...peal, and both the trial judgment and the fee award were affirmed. Izzy's now moves for an award of fees on appeal. When a contract or statute authorizes the prevailing party to recover attorney's fees, that party is entitled to fees incurred at trial and on appeal. Douglas E. Barnhart, Inc. v. CMC Fabricators, Inc. (2012) 211 Cal. App.4th 230, 250. In determining what is a reasonable fee to award the prevailing party, a judge may consider the am...

Excerpt: ...Malibu unless it is allowed to perform grading modifications to allow access to its parcel. On May 12, 2022, the court ordered the parties to brief whether the action is ripe for adjudication. Saitman argues the easement does not allow for grading of the road, only ingress and egress; 180 PCH contends it allows for grading. 180 PCH filed a reply to Saitman's brief. Saitman objected to the reply brief, as the court did not request (or authorize) s...

Excerpt: ... 25, 2020. On that date, Judge Chavez struck Augmented Dynamics' answer to the third amended cross-complaint and continued the hearing for Daqri's motion to strike the jury request to May 12, 2021. Judge Chavez passed away, so no ruling has issued. Default judgment was entered in Tolk's favor against Augmented Dynamics on his breach of contract causes of action on June 10, 2021. The matter was sent back to Dept. P pending re-assignment to a long ...

Excerpt: ...rty, causing their eviction. Pink alleges cross- defendants Ghods and Pahlavan caused her to be subject to an involuntary psychiatric hospitalization (Cal. Welf. & Inst. Code §5150). Pink also alleges Ghods also stole personal property and seized business assets. Ghods and Phalavan move for summary judgment. This matter was continued to allow the court the ability to review Pink's untimely opposition. Ghods alleges he did not wrongfully cause Pi...

Excerpt: .... Plaintiffs hired new counsel Jesse Thaler on March 7, 2022. Counsel, after reviewing the case file, responding to written discovery, meeting and conferring with opposing counsel, and conducting client interviews, alleges new facts justify a fifth amended complaint, including new causes of action and new requests for relief. Defendant Bank of America opposes. Courts are required to liberally permit amendments to pleadings at any stage of a proce...