Excerpt: ...g his employment with Oasis. Snell cross-complained, alleging Oasis/Alagem failed to pay benefits, wages, and expenses due upon his termination. Oasis/Alagem move for summary judgment/adjudication. Breach of Contract As no breach of covenant of good faith and fair dealing cause of action is alleged in the first amended cross- complaint, the court only addresses the breach of contract claim. Alagem argues he cannot be personally liable for breachi...

Excerpt: ...ies (the Washington and Main Street properties) to defendants Park LA LLC and Nato Fund, Inc. Defendants Yusef Joseph Kahrobaie and Masoud Isaac Kahrobaie demur that plaintiff lacks standing and the statute of limitations has run. Only a “real party in interest” has standing to prosecute an action. Cal. Code of Civ. Proc. §367. A judgment creditor may assign the right represented by the judgment to a third person. Great Western Bank v. Kong ...

Excerpt: ...once defendants produced documents showing they were judgment-proof. Defendants allege plaintiff refused to dismiss the action after production of the documents, violating the agreement. Defendants seek leave to amend the answer to add a new affirmative defense of settlement. A trial court may, in its discretion, allow amendment to any pleading – including an answer – in the furtherance of justice and on such terms as may be proper. Cal. Code...

Excerpt: ...court of appeal to issue a decision based on an issue not initially briefed by the parties, as long as an opportunity for supplemental briefing is provided. - The “Great Public Importance Rule,” under which the CA Supreme Court will only exercise original jurisdiction in cases where “the issues presented are of great public importance and must be resolved promptly.” - The absence of any rule requiring a court of appeal opinion to address ...

Excerpt: ...M and Stephanie Streete, DVM demur to the 3AC. Fraud (COA 1-3) Plaintiff alleges defendants held themselves out as specialists, despite their lack of qualifications. Defendants contend they were specialists, despite not being board-certified. Defendants' status as “specialists” is a disputed question of fact, not properly decided on demurrer. Plaintiff adequately pleads reliance. The complaint states “[h]ad these Defendants honestly represe...

Excerpt: ...entional misrepresentation. On September 27, 2019 the court sustained a demurrer to the complaint with leave to amend. Defendant now demurs to the FAC. Contractual Statute of Limitations Defendant argues the contract has a one year statute of limitations. Plaintiff argues this statute is unconscionable because defendant deliberately concealed the portion of the contract containing this term. Such concealment would indicate procedural unconscionab...

Excerpt: ... attorneys' fees. The settlement check was made payable to C&M and Yazdanpanah, who refuses to release any portion of the attorneys' fees to C&M. Defendant argues all alleged conduct arises out of protected activity – his right to assert and enforce an attorney's lien – and moves to strike the first and second causes of action under Cal. Code of Civ. Proc. §425.16. Pursuant to Cal. Code of Civ. Proc. §425.16, an anti-SLAPP action “may be ...

Excerpt: ...intiff failed to cure multiple fatal pleading defects despite several opportunities to do so. On August 16, 2019 dismissal was entered in defendants' favor. Plaintiff, now in pro per, moves to set aside the entry of judgment under Code of Civ. Proc. §473. Plaintiff argues the defects in his five prior complaints were caused by his first counsel's mental incapacity and his second counsel's failure to fully review the case file. Additionally, plai...

Excerpt: ...ances, despite knowing decedent tested positive for cocaine and was likely to abuse prescription medication. Plaintiff alleges defendants Peter F. Dolzeal, RPh., Edwin Yadidi RPh., Garfield Pharmacy and LDW PC, Inc. improperly dispensed large quantities of opiates, despite knowing of decedent's addiction. Plaintiff alleges negligence against the doctor/pharmacy defendants and premises liability against the building. Defendants Dolzeal, Garfield P...

Excerpt: ... testify as to emergency room standard of care). All other objections to the Sayah declaration OVERRULED. Medical Negligence Cause of Action Standard of Care Defendants' declaration from John Levin, M.D. states Adams complied with the applicable standard of care. Levin Decl. at ¶¶7-9. Plaintiff presents the declaration of Christopher Ho, M.D., who opines Adams failed to perform an adequate physical examination of plaintiff's hand and violated t...

Excerpt: ...urth and fifth causes of action and move to strike portions of the first amended complaint (FAC). Intentional Infliction of Emotional Distress (IIED) On August 8, 2019 this court sustained a demurrer to plaintiff's IIED cause of action. The FAC specifically alleges “[p]laintiff suffered severe mental and emotional distress, including anxiety and vertigo.” FAC at ¶46. For pleading purposes, plaintiff specifically alleged facts showing the nat...

Excerpt: ...10). Block argues the claimed amount false, she did not receive invoices for services and did not observe Moore, So Cal's principal, supervising employees on the property. Block argues any work was performed by unlicensed employees. Finally, Block argues the lien was recorded for an improper purpose—to coerce her into signing an exclusive listing agreement with defendant's principal for the sale of her property. So Cal argues a petition under �...

Excerpt: ...nd economy.” Cal. Code of Civ. Proc. §1048. Defendant Grayson argues his trial should be severed from GHCP's trial. He claims that by stipulating to a specific interpretation of the LLCs' operating agreements, co-defendant GHCP essentially adopted plaintiffs' position in the action. If the claims against him and GHCP are decided in a single trial, Grayson argues, the stipulation will impermissibly sway the jury and prevent Grayson from adequat...

Excerpt: ...endant made a payment of $15,000 the same day. Plaintiff alleges defendant owes $75,125.00 in past-due rent. A commercial landlord may prevail in an unlawful detainer action even if the complaint misstates the amount of rent due, as long as the amount stated in the notice is clearly identified as an estimate. Cal. Code of Civ. Proc. §1161.1. When a landlord relies on this provision, however, the estimate may not exceed 20% of the actual amount d...

Excerpt: ...llege in August 2018, after paying Surya over $75,000, they discovered her work was defective, she was not a licensed contractor and was not using licensed contractors. Plaintiffs received invoices from her subcontractors, who were not paid for their work. Surya was alleged to be an agent of defendant David Tishbi, Inc. Surya Demurrer Second Cause of Action for Fraudulent Inducement Surya argues there is no independent cause of action for fraudul...

Excerpt: ..., under which the HOA sold several residential units to Spahi and his alter egos for less than fair market value. When the agreements were executed, the units were subject to liens in favor of the HOA's lenders. The purchase agreements contained indemnification provisions, under which buyers would agree to indemnify the HOA against lender lawsuits arising out of the liens. In 2015, an HOA shareholder filed a derivative complaint against Spahi and...

Excerpt: ...fer or hide assets to prevent enforcement of the judgment. Masoud alleges the judgment was not assigned to cross-defendants until several years after the statute of limitations for fraud had passed. Masoud further alleges Pickford Fund, LLC is a mere instrumentality of cross-defendant Nilofar Kahrobaie and the Kahrobaie trust. Masoud seeks declaratory relief, asking the court to issue the following declarations: - That the Nevada judgment in favo...

Excerpt: ...marketing services for Tiana's album but failed to do so. Demurrers Two separate demurrers have been filed—one by the Bungalo defendants and Ring and the other by Dawkins, HMG and Full Range. As the motions raise substantially similar arguments, the court addresses them jointly. Timeliness Plaintiffs argue the demurrer is untimely, as it was filed more than thirty days after the complaint was served. Cal. Code of Civ. Proc. §430.40. Defendants...

Excerpt: ...ms cleared plaintiff for discharge. As plaintiff was leaving the ER, she fainted and hit her head. Upon subsequent examination, plaintiff's own doctor found remaining glass and nerve laceration, requiring surgery. Plaintiff alleges medical negligence by Cedars-Sinai employees. Defendant Cedars-Sinai Marina Del Rey Hospital (MRDH) moves for summary judgment, alleging the individual defendants (doctor and PA) were not MRDH's agents or employees and...

Excerpt: ... dba AudienceX was a reseller for Sizmek, selling services related to the platform. Sizmek went bankrupt, and AudienceX allegedly owed fees for use of the platform. Plaintiff alleges after Zeta acquired Sizmek's platform and the right to collect receivables, Zeta and AudienceX signed a letter of intent (LOI) wherein AudienceX would pay Zeta the outstanding fees. In exchange, Zeta granted AudienceX a $300,000 credit towards the outstanding debt. A...

Excerpt: ...f the first amended complaint's requests for relief. DEMURRER Second Cause of Action for Gross Negligence Gross negligence consists of “a want of even scant care,” or “an extreme departure from the ordinary standard of care.” City of Santa Barbara v. Superior Court (2007) 41 Cal.4th 747, 754. California does not recognize a distinct cause of action for gross negligence independent of a statutory basis. Eriksson v. Nunnink (2011) 191 Cal.A...

Excerpt: ...lly failed to pay dividends, and defendant Bank is using the companies' resources for his own benefit. Plaintiff also alleges Bank convinced her to take out a $500,000 line of credit, using her home as collateral, by fraudulently stating the entities needed the credit to stay afloat. The entity that provided the line of credit recorded a notice of default due to nonpayment, but plaintiff alleges Quality and Sugihara have sufficient funds to pay o...

Excerpt: ...ies also executed a stipulated judgment for $150,000.00, which would be filed if defendants failed to make the agreed-upon payments. Plaintiff moves to enforce the settlement agreement and enter stipulated judgment for $150,000, claiming defendants failed to make payments from December 2018 through February 2019. Cal. Code of Civ. Proc. §664.6 permits a court to enter judgment pursuant to the terms of a settlement agreement between parties, and ...

Excerpt: ... for profit and are concealing that business' existence to avoid judgment enforcement. Defendants move to quash. Under Cal. Code of Civ. Proc. §1985.3(c), a party in an action where a subpoena for personal records has been filed may move to quash or modify the subpoena. CCP §1987.1 allows the court to issue an order quashing or modifying the subpoena “upon those terms and conditions as the court may declare,” and explicitly provides for the...

Excerpt: ...mer agreement decedent signed (sec. 15.5). Plaintiff argues the arbitration clause is procedurally and substantively unconscionable. Defendants argue for enforcement of the arbitration clause because all claims arise out of decedent's purchase from defendant, which was governed by the customer agreement. The customer agreement is indeed an adhesion contract, drafted by defendant and presented on a take-it-or-leave-it basis. However, decedent was ...

Excerpt: ... for “misuse of the discovery process” including, but not limited to failing to respond or submit to an authorized method of discovery, making an evasive response to discovery, and disobeying a court order to provide discovery. (Cal. Code of Civ. Proc. §2023.010(c).) When a discovery violation is willful and preceded by a history of abuse, and the evidence shows that a less severe sanction wouldn't produce compliance with discovery rules, a ...

Excerpt: ...efendants contracted to build a home for plaintiffs, but failed to complete the project on time, diverted construction funds, and performed construction negligently, creating defects at the property. Defendants move for summary judgment, arguing the claims asserted were previously litigated and are barred by res judicata and/or collateral estoppel. Res Judicata/Collateral Estoppel: In case no. SC123486 (“the 2014 action”) a jury decided issue...

Excerpt: ...granted a right to attach order. Defendant moves for reconsideration on the grounds that newly discovered evidence shows plaintiff did, in fact, record deeds of trust perfecting their liens on Zacky Farms' property, which terminated the guaranty agreement by its own terms. Under Cal. Code of Civ. Proc. §1008(a), a party may apply for reconsideration of an order “based upon new or different facts, circumstances, or law . . . to the same judge o...

Excerpt: ...ndants, in violation of a Massachusetts injunction, sought to transfer or sell property to avoid enforcement of a $487,147.64 judgment issued on 6/12/17 by the Massachusetts court. Plaintiffs seeks a preliminary injunction preventing all defendants from “transferring, selling, conveying, hypothecating, encumbering or otherwise disposing of any of their assets, stock, property (whether real or personal) interests, claims or funds.” “The tria...

Excerpt: ...me-barred by the applicable statutes of limitation. Farrell alleges in 1975 she purchased the Oak Drive property, refinanced it in 1989, and then used the funds to purchase another property (“Old Topanga”). Farrell alleges Trevillion coerced her into transferring half ownership of the properties to him in 1989 and then into a family trust and limited partnership (in 1995 and 1997). Farrell alleges she was induced to make the transfers because...

Excerpt: ... Mullen. Moving parties have the burden to show good cause for protective order. (Emerson Elec. Co. v Sup. Ct. (1997) 16 Cal.4th 1101, 1110.) To prevail on motions for protective orders, moving parties have the burden “to demonstrate that the ‘discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive'…, or that the ‘selected method of dis...

Excerpt: ... Relief. The court considers the moving papers, as well as oppositions from Defendant Mountains Restoration Trust, the California Attorney General and County of Los Angeles and the reply brief. <0003000300030003000300 03000300030003000300030003[TENTATIVE RULING Attorney General's Objections: GRANTED as to objections 7-9, DENIED as to all other objections. MRT's Objections: GRANTED as to objections 1-3, 11, 18, 21, DENIED as to all other objection...

Excerpt: ...n defect/breach of contract and negligence, among others. The cross-complaint alleges Uhley and CJU are alter egos. On October 23, 2018 Wu served a deposition subpoena on J.P. Morgan Chase Bank seeking financial records for both the individual and corporation from January 1, 2017 to present. The work in question was performed in March 2017. CJU/Uhley filed a motion to quash. The motion was heard on 2/5/2019. After oral argument, the court continu...

Excerpt: ...or to turn over his membership at the Bel-Air Country Club to satisfy the judgment. Upon noticed motion, a court may issue an order directing a judgment debtor to assign to the judgment creditor “all or part of a right to payment due or to become due, whether or not the right is conditioned on future developments[.]” (Cal. Code of Civ. Proc. §708.510.) Additionally, a court may “order the judgment debtor's interest in the property in the p...

Excerpt: ...y”) without reimbursing cross- complainant, thereby wrongfully depriving him of interest in the business. Cross-complainants' Third Amended Cross-Complaint alleges, inter alia, claims for breach of fiduciary duty and aiding and abetting breach of fiduciary duty against the company's three directors. Motion #1: Cross-Defendants DAQRI, TARSADIA and CASSERLY's Motion to Consolidate Cases SC120777 and SC125858 (UNOPPOSED) (CCP 1048(a), CRC 3.350) B...

Excerpt: ...ate the leakage, violating their duties under the bylaws and covenants. Defendant HOA demurs. First Cause of Action for Breach of Contract Defendant argues plaintiffs have not sufficiently alleged the terms or legal effect of the operative contract. (Demurrer at pgs. 9:15-10:14.) By stating that defendants agreed to “promptly inspect, respond to calls re water intrusion, or turn off water[,]” plaintiffs sufficiently allege the relevant contra...

Excerpt: ...infection and fecal contamination). Plaintiff sues for Elder Abuse/Neglect and Medical Negligence. Moving defendant Mid Valley Hospice (MVH), via defendant Damon Raskin, M.D, provided limited hospice services for decedent, primarily caring for a pressure ulcer, while decedent resided at defendant Meridian Senior Living's facility. Defendant MVH moves for summary judgment. Plaintiff has not filed an opposition. To obtain summary judgment, “all t...

Excerpt: ...records, applications, background checks, citations, suspensions, disability applications, medical records, and licenses” from 2008 to present. Plaintiff moves to quash or modify the subpoena on the grounds that it is overbroad as to time and scope. Courts are authorized to quash or modify a subpoena in order to protect a party from unreasonable or oppressive demands, or demands that unreasonably violate a party's right to privacy. (Cal. Code o...

Excerpt: ...defendant neither paid nor quit. When seeking to evict from residential property, this notice must be attached to the complaint (Cal. Code of Civ. Proc. §1166), but there is no such requirement in an action regarding commercial property. Defendant demurs, arguing plaintiff has neither attached a copy of the notice to the complaint nor specifically alleged that the notice provided met all the requirements of Cal. Code of Civ. Proc. §1161. (Demur...

Excerpt: ... allege any specifically-plead cause of action. Defendants demur on the grounds of failure to state a cause of action and uncertainty. (Cal. Code of Civ. Proc. §430.10 (e), (f)). TENTATIVE RULING Sole Cause of Action for Breach of Contract It appears the complaint attempts to state a claim for breach of contract. A cause of action for breach of contract is subject to demurrer if it cannot be ascertained from the pleading whether the contract at ...

Excerpt: ...gence against defendant Advanced Engineering and Consulting (AEC). Defendant AEC moves for summary judgment, alleging AEC did not performed any services on Plaintiff's property or in connection with the project. Evidentiary Objections: Plaintiff's objections: GRANTED as to objections nos. 1, 4, DENIED as to nos. 2, 3, and 5. Defendant's objections: GRANTED as to objections nos. 1-7, DENIED as to no. 8. Sole Cause of Action—Negligence Defendant ...

Excerpt: ...aintiffs Gilmore and Van Bilderbeek filed the instant lawsuit against defendants on May 23, 2018. Plaintiff now moves to join the two actions, transferring the unlawful detainer action to department P and treating it as a cross-complaint. Under Cal. Code of Civ. Proc. §403 a court may transfer an action or actions from another court to that judge's court for coordination with an action involving a common question of law or fact within the meanin...

Excerpt: ...old by a court clerk that it was “too late” for him to file any pleadings. Relying on this representation, defendant did not obtain legal counsel and took no action until November 21, 2018, when he learned that plaintiffs intended to seek an entry of default judgment against him. Defendant now moves to set aside the entry of default for extrinsic mistake. When evaluating a motion to set aside default or default judgment, the court must “wei...

Excerpt: ...fault. On December 27, 2018, Cohen's counsel became aware that the clerk entered the default and backdated it. Entry of default should be set aside. The complaint was filed on September 28, 2018, and Cohen Construction was served on October 25, 2018. Jeffery & Grosfeld was retained to defense Cohen. Jeffery Decl. ¶3. At the time, counsel discovered that Cohen Construction was a suspended corporation. Id., ¶4. The parties' counsels spoke on Nove...

Excerpt: ... if petitioner is over 70 years of age, has a substantial interest in the action and the party's health is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. CCP §36(a). Plaintiff failed to fulfill the requirements of CCP §1008 for a motion for reconsideration and did not notify the court of the court's prior September 21, 2018 order or present new facts, circumstances or law justifying reconsider...

Excerpt: ...om plaintiff, who was represented by the Dayani firm. The Dayani firm obtained Plaintiffs' consent to the representation on the condition that it would not be involved in enforcing the loan. In 2006 plaintiffs Dayco (of which attorney Sean Dayani is president) allege defendant personally guaranteed another loan to Sunbelt, which is the subject of this action. Defendant alleges that in 2018 he learned the Dayani firm represented plaintiffs in conn...

Excerpt: ...e assets to prevent enforcement of the judgment. Specifically, plaintiff alleges that defendant Masoud Kahrobaie conveyed his interest in a piece of real property to Defendant Shama Enterprises in 2004 for the purposes of hiding his interest from future creditors. Defendant demurs to the First, Second, Fourth, Eleventh, Twelfth, Thirteenth, and Fourteenth Causes of Action, and moves to strike requests for punitive damages and attorney's fees. Fir...

Excerpt: ..., LLC. LLD Long Point moves to dismiss or stay this petition on the grounds that it has already filed a petition to appoint an arbitrator under the same agreement in Delaware Chancery Court. Both petitions were filed on December 3, 2018, the Delaware one a few hours prior to the California one. Under the terms of the joint venture agreement, all disputes are to be submitted to a panel of <0003002f002f0027000300 00480003004400530053[ointed by Rege...

Excerpt: ...ually, and C.J. Uhley, Inc. Wu served a deposition subpoena on J.P. Morgan Chase Bank, seeking financial records related to cross-defendants C.J. Uhley, Inc. and Casey John Uhley from January 1, 2017 to the present. Uhley movies to quash. Uhley has a privacy interest at stake, and generally personal financial records are protected. CJU responded to discovery by producing a QuickBooks document that indicated that perhaps Uhley used CJU corporate f...

Excerpt: ...releases from the interviewees. Plaintiff alleges defendant physically stole the releases, thereby preventing the film's release. Plaintiff moves for summary judgment and asks the court to bifurcate liability from damages for purposes of plaintiff's MSJ on liability, set for 4/12/19. Plaintiff argues that defendant's discovery responses establish his liability. She therefore moves to bifurcate the issue of liability from the issue of damages unde...