Excerpt: ...nds that the notices are defective, each notice appears to supersede the others and the complaint is not properly verified. Defective Notices Love argues the notices are defective because they do not include language regarding abandoned personal property required under Cal. Civ. Code §§1946-46.1. Those statutes set forth the requirements for terminating a tenancy. Air Venezia's unlawful detainer is not based on a notice to terminate tenancy; it...

Excerpt: ...s allege GNG was unlicensed and defendants breached the contract by failing to obtain work permits. On July 21, 2023 the granted plaintiffs' motion for summary adjudication in part, ruling defendant GNG was liable for disgorgement as a matter of law under Business and Professions Code §7031. The court denied summary adjudication as to individual defendants Farhad and Faryar Ghaemi. Plaintiffs renew their motion against Farhad and Faryar Ghaemi b...

Excerpt: ...e court ruled Pacific Horizon was entitled to an easement for egress and ingress. The final judgment issued on September 20, 2023. Pacific Horizon filed a memorandum of Costs on October 4, 2023. The Meehans move to strike, arguing Pacific Horizon is not the prevailing party. Under Cal. Code of Civ. Proc. §1032, if any party recovers other than monetary relief, the “prevailing party” shall be determined by the court, which has discretion to a...

Excerpt: ...ectively “Essex”). In case no. 23SMUD01577 (filed 10/11/23), Essex seeks possession of Johnson's unit via unlawful detainer. Johnson moves to consolidate. Cal. Code of Civ. Proc. §1048 allows a court to order consolidation of actions involving common questions of law or fact to promote “convenience and economy by avoiding duplication of procedure.” Estate of Baker (1982) 131 Cal.App.3d 471, 485. A court's decision on a motion to consolid...

Excerpt: ... defense counsel argued were incorrectly calculated. The court recalculates and amends its tentative ruling. Estevez's exhibit 22 (itemization of hours and fees) indicates attorney Gonzalez spent 10 hours total on April 22, 27 and 29, 2021 drafting discovery requests at $300/hour. To reflect a reasonable amount of time saved through counsel's use of templates, the time will be reduced from ten to four hours, a reduction of $1,800 (6 x 300). See C...

Excerpt: ...s for production of documents on plaintiffs. The special interrogatories include a declaration of necessity under Code of Civ. Proc. §2030.050. Does argue the number of special interrogatories is excessive, burdensome and oppressive. Does argue a protective order “limiting the identifying information requested in Defendants' discovery[,]” is necessary to ensure plaintiffs' safety. Id. pg. 6. The first amended complaint includes a fifty-page ...

Excerpt: ...y failing to perform improvements and repairs Draz allegedly paid for. The Goosens move for summary judgment. Declaratory Relief Declaratory relief is a prospective remedy which exists to declare future rights rather than to redress past wrongs. Canova v. Trustees of Imperial Irrigation Dist. Employee Pension Plan (2007) 150 Cal.App.4th 1487, 1497. Draz requests a declaration that he is entitled to a “ten-year amortization period to use the pro...

Excerpt: ... court denied summary judgment as to the medical battery claim arising out of the 2020 surgery, concluding “[t]his argument should be made via motion for judgment on the pleadings[.]” 9/13/2023 minute order pg. 3. Defendants Dr. Kohan and his corporation seek judgment on the pleadings as to the medical battery claim. A cause of action for medical battery lies when the defendant performs a medical procedure without plaintiff's consent, or if t...

Excerpt: ...uly 30, 2021, with buyers transferring $829,814.39 to the referee. On March 8, 2022 the court granted plaintiffs' motions to deduct fees (including referee fees and attorney's fees), costs of sale and lost rental income from defendant Richman's share of the sale proceeds because Richman's failure to vacate caused the fees and costs to be incurred. Referee Grobstein is holding $196,096.83 in funds for Richman, representing 50% of the sale price, m...

Excerpt: ...tribution against defendant Baum, who brings this moves to strike (Cal. Code of Civ. Proc. §425.16, the anti-SLAPP statute) and demurs. Anti-SLAPP 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 fr...

Excerpt: ... damages requests. Breach of Contract A contract with “uncertain and indefinite” terms is void and unenforceable. Cal. Lettuce Growers v. Union Sugar Co. (1955) 45 Cal.2d 474. A cause of action for breach of contract is subject to demurrer if it cannot be discerned from the complaint whether the contract is oral, written, or implied. Cal. Code of Civ. Proc. §§430.10(f) and (g). Defendant argues uncertainty, as the complaint does not specify...

Excerpt: ... account and accepted updated terms of service on December 9, 2020 (before the incident) and January 4, 2023 (after the incident). McCachern decl. ¶12. Each version of the TOS includes a clause requiring arbitration of “any dispute, claim, or controversy based on past, present, or future events arising out of or relating to ... the Lyft Platform[.]” Id. The agreement states it is governed by the Federal Arbitration Act (FAA). Id., Exhs. 3, 5...

Excerpt: ... action); defendant Cabo demurs and moves to strike the damages request. Statute of Limitations Plaintiff Saachi's claims against Cabo are based on allegations that defendants Blaine and Blaine Labs sent Saatchi a package with a return address of “Peter KOONI Edalat.” FAC ¶135-139. Peter Edalat is Saatchi's deceased son, and “Kooni” is a homophobic slur in Farsi. Id. ¶137. The package allegedly contained a printout from a defamatory web...

Excerpt: ...– including the claim the action was subject to a bankruptcy stay and expert testimony shows prior transfers of the note were void. The court previously considered and rejected these arguments, finding there was no effective bankruptcy stay and the purported expert evidence was inadmissible. Aarons argues the court “failed to issue a decision regarding the Debrunner case and whether or not the assignment of deed of trust must state that both ...

Excerpt: ...ULED. MSJ Analysis Defendants move for summary judgment on the grounds that, as a matter of law, plaintiffs have no right to unobstructed natural light. Plaintiffs provide expert evidence on the composition and mechanics of light and that the purple light is caused by the obstruction/absorption of other wavelengths by the painted surface of defendants' house. Shapley decl. ¶7. “Purple” is how the human eye perceives the remaining, non-obstru...

Excerpt: ...C). Demurrer Itzhaki argues the SAC does not allege specific conduct by Itzhaki that could give rise to liability and fails to allege sufficient facts to establish his alter ego status. Alter ego liability applies when there is “such unity of interest and ownership that the separate personalities of the corporation and the individual no longer exist and (2) if the acts are treated as those of the corporation alone, an inequitable result will fo...

Excerpt: ...erflow was caused by plaintiff's failure to install a legally mandated backwater (or backflow) valve, which redirects overflows from downstream blockages and directs toward the nearest upstream manhole and away from private property. Evidentiary Objections Pourmola Objections: Objections to Rocio declaration: Objection 1 OVERRULED, Objection 2 SUSTAINED (legal conclusion), Objection 3 OVERRULED, Objection 4 OVERRULED, Objection 5 SUSTAINED (legal...

Excerpt: ...On February 3, 2023 plaintiff/cross-defendant Mashian Law Group (MLG) obtained a judgment of $75,000 (MLG judgment) against defendant RC3. Mashian seeks $17,575 in post- judgment attorney's fees and $4,256.23 in post judgment costs. MLG seeks $4,250 in post- judgment attorney's fees and $1,109.05 in post judgment costs. R3 and Cohen oppose the attorney's fees requests and move to tax costs filed in connection with both judgments. Motion for Attor...

Excerpt: ...de of Civ. Proc. §917.1. On July 18, 2023 the court issued a minute order awarding Zeta $731,817.10 in attorney's fees. Zeta moves to increase the bond to reflect the attorney fees award. Under Cal. Code of Civ. Proc.§917.1, an appeal stays enforcement of a judgment if the appellant posts a bond for one and one-half times the amount of the judgment if it is given by an admitted surety insurer. In an action where a bond is given, the court may o...

Excerpt: ...interests and whether Zackery embezzled funds. Phase two would address remaining liability issues and damages, including punitive damages. Bifurcation is allowed when “the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby.” Cal. Code of Civ. Proc. §598. Bifurcation will generally be denied when the issues in the proposed phases of trial are interrelated, sharing ...

Excerpt: ...cross-defendant Mashian Law Group (MLG) obtained a judgment of $75,000 (MLG judgment) against defendant RC3. Mashian seeks $17,575 in post- judgment attorney's fees and $4,256.23 in post judgment costs. MLG seeks $4,250 in post- judgment attorney's fees and $1,109.05 in post judgment costs. R3 and Cohen oppose the attorney's fees requests and move to tax costs filed in connection with both judgments. Motion for Attorney's Fees Under Cal. Code of ...

Excerpt: .... The District moves for judgment on the pleadings, arguing AB 218's amendments to the Government Code constitute unconstitutional gifts of public funds. To proceed civilly against a public entity, a plaintiff must first timely present the claim according to statutory requirements. Cal. Gov. Code §905. AB 218 allowed for revival of otherwise time- barred civil actions for childhood sexual abuse if filed by December 31, 2022 (Cal. Code of Civ. Pr...

Excerpt: ...demurrer to the first through fourth causes of action in the first amended complaint on government immunity grounds. C.H. was instructed to “set forth a specific regulation or statute triggering the §855 exception for the first through fourth causes of action.” Defendants demur to plaintiff's second amended complaint (SAC). “Public entities have broad immunity from liability for injuries suffered by an inpatient of a mental institution.”...

Excerpt: ...he pool; defendant cross-complained, seeking an easement. During a conversation with Busiashvili's son in June 2023, defense counsel allegedly obtained evidence and precedent convincing him his client had a valid adverse possession claim which he failed to include in the cross-complaint. Busiashvili sought leave to amend the cross-complaint, which was denied on August 9, 2023 because trial was imminent and Busiashvili did not provide an adequate ...

Excerpt: ...mplaint (FAC) on August 3, 2023 with leave to amend. Those parties now demur to the second amended complaint (SAC) and move to strike punitive damages. Levy The court sustained Levy's prior demurrer because Levy was not a party to the purchase agreement (attached to the FAC; 8/3/2023 minute order, p. 2). The court ruled the FAC failed to allege wrongdoing by Levy or facts establishing alter ego liability. Id. Levy argues the SAC does not cure the...

Excerpt: ... §3294. “Malice” is “[c]onduct which is intended . . . to cause injury . . . or despicable conduct which is carried on . . . with a willful and conscious disregard of the rights or safety of others.” “Oppression” is “despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights.” Cal. Civ. Code §§3294(c)(1)-(2). A complaint seeking punitive damages must plead facts establi...

Excerpt: ...osses because of the property's proximity to a brush area. Hughes alleges defendants committed professional negligence, breach of fiduciary duty and negligent misrepresentation by selling the policies without informing her it would not cover fire damage. Hughes filed claims arising out of these policies against First National and General on July 21, 2021 and January 12, 2022. Both were removed to federal court on diversity grounds, and summary ju...

Excerpt: ...dentiary objections OVERRULED. In reply, Diaz argues plaintiff's expert Dr. Lee' declaration lacks foundation because Lee failed to review all of Diaz's post-procedure reports and only some Kaiser records. Diaz fails to show Lee's declaration is without evidentiary support. Lee reviewed numerous records, including Kaiser urgent care records, Diaz's post-procedure notes and operative notes from the implant removal and skin graft procedures. See pl...

Excerpt: ...urs, arguing the cross-complaint is duplicative of Campione's answer and if Campione prevails on an affirmative defense, damages will be apportioned between the defendants, the same relief sought in the cross-complaint. Woo also argues Campione's request for attorney's fees is improper. Campione cites Platt v. Coldwell Banker Residential Real Estate Services (1990) 217 Cal. App.3d 1439, 1447. Platt stated “strong policies favoring settlement an...

Excerpt: ...n agreement between parties is before a court, the court must grant a motion to compel arbitration if it determines the agreement applies to the parties' controversy. Cal. Code of Civ. Proc. §1281.2. California law strongly favors the enforcement of arbitration agreements. Weiler v. Marcus & Millichamp Real Estate Investment Services, Inc. (2018) 232 Cal.Rptr 3d, 155, 162. Crestwood Hill's 2022 guidelines contain an arbitration clause requiring ...

Excerpt: ...urth causes of action in the first amended complaint on government immunity grounds. C.H. was instructed to “set forth a specific regulation or statute triggering the §855 exception for the first through fourth causes of action.” Defendants demur to plaintiff's second amended complaint (SAC). “Public entities have broad immunity from liability for injuries suffered by an inpatient of a mental institution.” State Dept. of State Hospitals ...

Excerpt: ...dence of a physician's compliance or breach of the applicable standard of care can only be supplied with expert testimony. Willard v. Hagemeister (1981) 121 Cal.App.3d 406, 412. An expert witness' declaration is sufficient to show the absence of a triable issue of fact on summary judgment. Lerner v. Superior Court (1970) 70 Cal.App.3d 656, 660. Defendant provides the declaration of Dr. Cassileth, who reviewed medical records from Diaz and Kaiser ...

Excerpt: ...tective Order Any issue decided in a prior criminal proceeding is conclusively determined as to the parties in a subsequent civil action. Teitelbaum Furs, Inc. v. Dominion Ins. Co., Ltd. (1962) 58 Cal.2d 601. A felony conviction is exempt from the hearsay rule in a civil action, even if the conviction is under appeal. Principal Life Ins. Co. v. Peterson (2007) 156 Cal.App.4th 676. A judgment is not final for purposes of collateral estoppel while ...

Excerpt: ...e and premises liability claims. Evidentiary Objections City's Objections: 1 and 2 SUSTAINED (lack of authentication), 3 SUSTAINED (legal conclusion), 4-9 OVERRULED. Santa Monica Municipal Code Section 713 When a public entity is under a mandatory duty imposed designed to prevent against the risk of a particular kind of injury, that entity is liable for an injury of the kind proximately caused by its failure to discharge that duty. Cal. Gov. Code...

Excerpt: ...ement covering all disputes arising out of employment with NCFC. There is a liberal federal policy favoring arbitration, requiring arbitration agreements to be put on equal footing with other contracts and requiring courts to resolve any doubts as to whether a dispute falls within an arbitration provision in favor of arbitration. AT&T Mobility, LLC v. Concepcion (2011) 563 U.S. 333, 339; AT&T Tech., Inc. v. Comm Workers of Am. (1986) 475 U.S. 643...

Excerpt: ...azian, Sweeney and Bradford move for summary judgment/adjudication, arguing undisputed facts show Adefuye's claims lack evidentiary support. Member Defendants—Assault/Battery A corporate officer or director is not liable for the corporation's torts unless they ratify or directly participate in the wrongdoing. Frances T. v. Village Green Owners Ass'n. (1986) 42 Cal.3d 490, 503-504. At deposition, Adefuye admitted he never met Aivizian or Sweeney...

Excerpt: ...reduced in the reply brief from the amount sought in the initial motion), billed at hourly rates of $300-515/hour, for five attorneys who performed almost 200 hours of work. Plaintiff's initial motion sought costs, but the reply stated that costs would be sought via a separate mechanism. The prevailing party in a defective vehicle case brought by a buyer is entitled to reasonable attorney's fees. Cal. Civ. Code §1794(d). A court has broad discre...

Excerpt: ...tion 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 the cause of action arises from defendant's constitutional rights of free speech or petition. Baral v. Schnitt (2016) 1 Cal. 5th 376, 395. If moving party fails to show the conduct is constitutionally protected, the court need not address prong two. Jarrow, su...

Excerpt: ...were never removed. Evidentiary Objections OVERRULED. A court determining a summary judgment motion applies a three-step process: (1) identifying the issues, (2) determining whether moving party made an adequate showing that negates the opponent's claim, and (3) determining whether the opposing party raised a triable issue of fact. Bostrom v. County of San Bernardino (1995) 35 Cal.App.4th 1654, 1662. A defendant moving for summary judgment has th...

Excerpt: ...mmett and managed by defendants Barrington Plaza and Douglas Emmett Management. Resident plaintiffs allege defendants failed to provide adequate fire safety precautions, resulting in a fire that displaced, injured, and in one case killed, tenant plaintiffs. Plaintiffs also the building remained suffused with ash and toxic debris after the fire. Defendants Barrington Pacific, Douglas Emmett Management and Douglas Emmett (collectively “Barrington...

Excerpt: ...mmett and managed by defendants Barrington Plaza and Douglas Emmett Management. Resident plaintiffs allege defendants failed to provide adequate fire safety precautions, resulting in a fire that displaced, injured, and in one case killed, tenant plaintiffs. Plaintiffs also the building remained suffused with ash and toxic debris after the fire. Defendants Barrington Pacific, Douglas Emmett Management and Douglas Emmett (collectively “Barrington...

Excerpt: ...f's medical provider and health insurer), Sutton Place Apartments, Ocean Park Boulevard (plaintiff's prior landlords) and Mercury Insurance Company (rental insurance provider). Delakas argues the subpoenas are overly broad and burdensome. While some medical records may be discoverable, as plaintiff put her physical and mental health at issue, the subpoenas to Fried, the Sleep Institute and Aetna seek all records concerning treatment without limit...

Excerpt: ...nts had been satisfied. Based largely on this ruling, the court issued judgment on the pleadings for defendants. Defendants seek prevailing party attorneys' fees on the grounds that one of the judgments included an attorney's fee provision. Attorney's fees incurred in enforcing a judgment are recoverable if the underlying judgment includes an award of attorney's fees. Cal. Code of Civ. Proc. §685.040. This applies to later actions against third ...

Excerpt: ...ee the project. Plaintiff alleges Joseph assisted his father Stuart in a conspiracy to misappropriate project funds. The court will refer to the Rubin defendants by their first names to distinguish the parties. Defendant Joseph Rubin's Motion for Judgment on the Pleadings Joseph moves for judgment on the pleadings, arguing the first amended complaint includes no specific allegations against him, and its allegations contradict Stiffelman's sworn t...

Excerpt: ...se nuisance and that Mardirossian's chain link fence trespasses onto his property. Mardirossian moves to quash deposition subpoenas for production of business records from his law firm, Mardirossian Akagarian (MA). Hartunian/Festa Subpoenas for Business Records Howarth served subpoenas on Rich Festa, a State Farm employee, and Avo Harutunian, Farmers Insurance employee, seeking documents and communications related to fire insurance for Mardirossi...

Excerpt: ...echanic's lien. Breach of Contract The breach of contract claim does not allege a contract between Puryear and Groundtech, and the contract does not name Puryear as a party. Complaint ¶¶14-19, Exhibit 1. The complaint alleges RDG breached its subcontract by failing to pay Groundtech but does not state an obligation that Puryear allegedly failed to fulfil. Complaint ¶¶17-19. The complaint fails to adequately allege a contract claim against Pur...

Excerpt: ...fair business practices and requesting injunctive relief. There is a strong public policy in favor of allowing amendments to pleading. Mesler v. Bragg Mgmt. Co. (1985) 39 Cal.3d 290, 296. Generally, unless there is prejudice to the opposing party or unreasonable delay, it is an abuse of discretion to deny leave to amend at any stage of litigation. A.N. v. County of Los Angeles (2009) 171 Cal.App.4th 1058, 1068. Discovery is ongoing, and trial has...

Excerpt: ...alifornia public policy favors arbitration. People v. Mapblebear Inc. (2022) 81 Cal.App.5th 923, 930. Absent fraudulent inducement, a party cannot avoid enforcement of an arbitration agreement because the party has limited proficiency in the English language. Caballero v. Premier Care Simi Valley LLC (2021) 69 Cal.App.5th 512, 519. It is incumbent upon the party with limited English proficiency to inform the other party and request to have it rea...

Excerpt: ...me barred, and undisputed expert evidence shows Kohan did not breach the standard of care. Kohan's Evidentiary Objections All objections OVERRULED. Statute of Limitations Cal. Code of Civ. Proc. §340.5 states a one-year statute of limitations for medical negligence claims, which applies if the gravamen of the claim is the manner in which the professional rendered health care services. Larson v. UHS of Rancho Springs, Inc. (2014) 230 Cal.App.4th ...

Excerpt: ...lliams used his position for self- dealing, reimbursing himself for personal expenses, paying himself an unauthorized salary and negligently managing Metro's properties and finances. Williams demurs to portions of the first amended complaint and moves to strike the request for punitive damages. Shareholder Derivative Claims (First, Third, Sixth, and Ninth Causes of Action) For a shareholder to bring a derivative action on behalf of a corporation,...

Excerpt: ... to pay rent under the guaranty agreement and defamed him by accusing him of domestic violence. Breach of Contract Under Cal. Civ. Code §2815, “a continuing guaranty may be revoked at any time by the guarantor, in respect to future transactions, unless there is a continuing consideration which he does not renounce.” A third party cannot enforce a contract, even if he is incidentally benefitted by it, unless it is “the intention of the part...

Excerpt: ...aintiff's rights,” unintentional harm can nonetheless constitute malice or oppression for the purposes of awarding punitive damages. Scott v. Phoenix Schools, Inc. (2009) 175 Cal.App.702, 716. The Amron defendants argue the FAC does not allege intentional conduct or aggravating circumstances or rise to the level of “despicable” conduct required for punitive damages. The FAC alleges defendants were aware their dog had a vicious nature and pr...

Excerpt: ...mith, signed an arbitration agreement on August 17, 2021 applying to any claim or controversy arising out of care at Terraza Court. Plaintiff Smith moves for trial priority; defendants move to compel arbitration. Trial Preference Under Cal. Code of Civil Procedure §36(a), a court will grant trial preference to a party to a civil action over 70 years old if the party has a substantial interest in the action, and the party's health is such that pr...

Excerpt: ...fired De Mill, then contracted directly with Wittrock to complete the work. Wittrock alleges it agreed to stay on the job if VBA paid outstanding amounts owed by De Mill; VBA allegedly failed to make required progress payments and denied existence of a direct contract with Wittrock. VBA demurs to the first amended cross-complaint. Standing/Licensing Under Cal. Code of Civ. Proc. §7031, a contractor cannot recover compensation for performance und...

Excerpt: ...lack of consent and (3) harm. CACI 1300. The battery claim is alleged against unnamed doe defendants. Defendants Giacomino Drago, Il Pastaio, FSC Corporation dba Il Pastaio, Celestino Drago and Steven Piano (collectively the restaurant defendants), previously named as Does 1-5, demur. The complaint does not clarify how any restaurant defendant is liable for battery. It lacks specific allegations that restaurant employee defendants shot plaintiffs...

Excerpt: ...ights,” unintentional harm can nonetheless constitute malice or oppression for the purposes of awarding punitive damages. Scott v. Phoenix Schools, Inc. (2009) 175 Cal.App.702, 716. The Amron defendants argue the FAC does not allege intentional conduct or aggravating circumstances or rise to the level of “despicable” conduct required for punitive damages. The FAC alleges defendants were aware their dog had a vicious nature and propensity to...

Excerpt: ...due June 5, 2023. Volkswagen responded two days late (June 7), with verifications sent June 10, 2023. Volkswagen moves for relief from its waiver of objections due to untimely discovery responses. A court may relieve a party from waiver of objections to discovery requests for failure to timely respond if the moving party shows responses were subsequently served, the responses are in substantial compliance with the statute, and the failure was the...

Excerpt: ... an option contract whereby Jones could purchase the property for $2,275,000. The initial version of the option included a copy of a form real estate purchase agreement (RPA) that would govern the sale following exercise of the purchase option. Later, the option was amended deleting the RPA and listing the terms of the purchase agreement. Plaintiffs allege they attempted to exercise their option on November 22, 2021, but Farmer refused to perform...

Excerpt: ...vements. Busiashvili cross-complained seeking an easement. She moves to amend, adding a claim for adverse possession. The case was filed January 30, 2019; trial is set for September 18, 2023. Courts are to liberally exercise discretion to allow amendments to pleadings at any time. Desny v. Wilder (1956) 46 Cal.2d 715, 751. Leave to amend may be denied when the party seeking amendment delayed without justification. Melican v. Regents of Univ. of C...

Excerpt: ...hich the court granted in part, reducing the fees to $18,298.00. On June 30, 2023 SCLU filed another memorandum of costs after judgment, seeking $55,862.55 in post-judgment attorney's fees. Vara moves to strike and/or tax. A trial court has discretion to disallow recovery of costs if it determines they lack sufficient evidentiary support or were incurred unnecessarily. See, e.g., Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal.App.4th ...

Excerpt: ...ng plaintiff meets the initial burden if they present evidence proving each element of the cause of action. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. A successor-in-interest to a beneficiary foreclosing on a deed of trust may prosecute an unlawful detainer. Dr. Leevil, LLC v. Westlake Health Care Center (2018) 6 Cal.5th 474, 483- 484. After default on a deed of trust, the trustee is to record a notice of default. Cal. Civ. Cod...

Excerpt: ...business for decades, contributing capital, participating in meetings and receiving distributions. The court uses first names of the various Harkham parties for ease of reference. Terry alleges Efrem and his son Aron deny his status as partner, refusing to distribute profits from the hotel's sale and preventing him from inspecting books and records. Terry also alleges Efrem and Aron engaged in self-dealing, taking out loans against the hotel for ...

Excerpt: ...ing Pacific Horizon's use of the disputed easement to ingress and egress. The Meehans seek attorney's fees of $137,456.28 under California Civil Code §1717 and Article 5, Section 5.1 of the CC&Rs. A court may not award fees for legal work unrelated to a cause of action for which fees are authorized. Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d 124, 130. When all causes of action rely on the same facts, fees need not be apportioned between ca...

Excerpt: ...f emotional distress, retaliation and negligence, which were included in the initial complaint, not present in the first amended complaint (allegedly due to plaintiff's mistake), and subject to demurrer in the second amended complaint because the court did not give leave to restore them. Plaintiff seeks to add new causes of action for unfair business practices and wrongful discharge in violation of public policy and seeks punitive damages. Courts...

Excerpt: ...vailability. Shamooil moves to compel. Under Cal. Code of Civ. Proc. §1281.2, a court shall order a controversy to be arbitrated if it determines that a valid agreement to arbitrate the controversy exists. Plaintiff properly noticed and served a petition to compel arbitration pursuant to the arbitration provision in her policy. Plaintiff abided by the provision's requirements, including demanding arbitration and proposing arbitrators. State Farm...

Excerpt: ...the request for punitive damages. Levy A demurrer can be sustained when matters contained in attached exhibits contradict the allegations in the complaint. Barnett v. Fireman's Fund Ins. Co. (2001) 90 Cal.App.4th 500, 505. Levy demurs, arguing he was merely a member of defendant HLI Holdings, LLC and cannot be liable for the entity's torts or contractual obligations. Levy argues the purchase agreement (FAC, exh. 1) shows he was not a party to the...

Excerpt: ...tir. A dispute arose between Davis and Rickel, culminating in Rickel's removal from the business. Davis and Rickel entered into a handwritten settlement agreement in 2014 under which Rickel gave up his interest in the business in exchange for a share of profits from “the fund's” future investments. On September 23, 2021 the court issued a ruling determining “the fund” referred only to DTS, not to all the Disruptive entities. Davis now mov...

Excerpt: ...r judgment on the pleadings, arguing the claims are time-barred. A motion for judgment on the pleadings is functionally identical to a demurrer and may be made on the grounds that a cause of action is barred by the statute of limitations. Cal. Code of Civ. Proc. §438(c)(2)(A), Hunt v. County of Shasta (1990) 225 Cal.App.3d 432, 440. Breach of Note An action for failure to pay under a note payable on demand must be brought within six years of the...

Excerpt: ...laim. Caraballo and Athens demur breach of contract claim in the first amended complaint (FAC) and move to strike allegations Caraballo “defamed” plaintiff. Athens Demurrer The elements of a claim for breach of contract are (1) contract, (2) plaintiff's performance or excuse for nonperformance, (3) breach, and (4) damage. Otowroth v. Southern Pac. Transportation Co. (1985) 166 Cal.App.3d 452, 458. The FAC alleges either that all Los Angeles r...

Excerpt: ...l burden if they present evidence proving each element of the cause of action. Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850. A successor-in-interest to a beneficiary foreclosing on a deed of trust may prosecute an unlawful detainer. Dr. Leevil, LLC v. Westlake Health Care Center (2018) 6 Cal.5th 474, 483- 484. After default on a deed of trust, the trustee is to record a notice of default. Cal. Civ. Code §2924. Three months after ...

Excerpt: ...ey's fees and costs. SM provides the lease and residential ledger reflecting lease payments made. SM Separate Statement 5-9. The declaration of general manager Nicole Brown states the ledger is kept in the ordinary course of business and is updated when a tenant makes a payment. Browne declaration ¶6. The ledger is admissible under the business records exception. The ledger and lease show the Ins failed to make required lease payments. This carr...

Excerpt: ...ld be stayed. The court allowed the parties to file additional briefing regarding applicability of Alberto v. Cambrian Homecare (2023) 91 Cal.App.5th 482, 486. In Alberto, the court held an arbitration agreement and confidentiality agreement should be read together since both were conditions of plaintiff's hiring and both governed disputes related to plaintiff's employment. The Alberto court held the confidentiality agreement was unconscionable f...

Excerpt: ...ove for summary adjudication of the Bus. and Profs. Code §7031 claim and adjudication of issues of duty connected to the breach of contract claim. Plaintiffs filed and withdrew a summary adjudication request as to treble damages. A plaintiff fulfills his or her initial burden on summary adjudication or judgment by proving each element of the relevant cause of action. Code of Civ. Proc. §437c(p)(1). The burden then shifts to defendant to show a ...

Excerpt: ...on her claims under the Unruh Civil Rights and Cal. Gov. Code §11135, arguing that UCLA's policy of allowing ‘incompletes' to remain visible on a student's transcript after a course has been completed disparately impacts disabled students. The Regents move for judgment on the pleadings on three of D.E.'s causes of action. Evidentiary Objections Objection 1 SUSTAINED (irrelevant, hearsay,) objections 2-3 OVERRULED, objections 4-5 SUSTAINED (hea...

Excerpt: ...oss- complainants received shares of Halo stock. Cross-complainants allege the sale was fraudulently induced, with Halo misrepresenting its financial status, connections in the industry and compliance with relevant laws. Halo demurs to the first amended cross-complaint. Cancelled Entity 7PG Upon the filing a certificate of cancellation by a limited liability company, the company's “powers, rights, and privileges shall cease.” Cal. Corp. Code ...

Excerpt: ... loud music, yelling, partying and noise from F&F, with disturbances continuing late at night. G8 alleges F&F's inadequate security measures endangered residents, including a shooting at F&F that shattered windows and damaged a resident's couch. The F&F defendants demur to the claims for public nuisance, private nuisance, interference with contractual relations, negligent interference with contractual relations, interference with prospective econ...

Excerpt: ...venting delaying plaintiffs' move-in. A writ of attachment can issue where a claim for money based upon a written contract of a fixed or readily ascertainable sum in a commercial claim is in excess of $500 and unsecured by real property. Cal. Code of Civ. Proc. §484.090(a)(1). The claim upon which the writ is based must have “probable validity.” It must be more likely than not that plaintiff will obtain a judgment. Cal. Code of Civ. Proc. 48...

Excerpt: ...o had adequately shown Visconti fulfilled the requirement set forth in Cal. Code of Civ. Proc. §391, commencing more than five unsuccessful litigations within the last seven years. The court declined to issue a final ruling declaring Visconti a vexatious litigant. Instead, the court scheduled an evidentiary hearing for Visconti to present evidence showing a reasonable probability of prevailing on her cross-complaint. Visconti's brief for the evi...

Excerpt: ... Stang, Ziehl & Jones LLP (PSZJ) seeking communications with Stiffelman related to various topics, communications with investors in the project, communications with several named financial institutions related to the project, project-related communications with named third parties, and communications related to debts owed by Stiffelman. Under Cal. Code of Civ. Proc. §1985.3, if a subpoena seeks a consumer's personal records maintained by a witne...

Excerpt: ...it contracted with VBA to complete the work, and VBA failed to pay $401,430.48 for materials and labor. VBA demurs. Breach of Contract A claim for breach of contract must specify whether the alleged contract is oral, written or implied by conduct. Cal. Code of Civ. Proc. §430.10(g). VBA argues the cross-complaint does not clearly allege the form of the contract, as required by §430.10(g). This objection is valid. The cross-complaint states “V...

Excerpt: ...000 and $50,000. Vara made the first payment on February 2, 2023. The second payment was due on March 14, 2023. Vara states his assistant sent SCLU a check for $50,000 prior to that date, but the check was never received. SCLU initiated a sale of Vara's residence after failing to timely receive the second payment. Vara states he tendered a cashier's check totaling $55,381, representing the second installment plus interest, on May 30, 2023. SCLU r...

Excerpt: ...ver) and Gonzalez, Culver's president, move to compel arbitration pursuant to arbitration agreements signed in November 2010 and November 2020. There is a liberal federal policy favoring arbitration, requiring arbitration agreements to be put on equal footing with other contracts and requiring courts to resolve any doubts as to whether a dispute falls within an arbitration provision in favor of arbitration. AT&T Mobility, LLC v. Concepcion (2011)...

Excerpt: ...ides the lease and residential ledger reflecting lease payments made. SM Separate Statement 5-9. The declaration of general manager Nicole Brown states the ledger is kept in the ordinary course of business and is updated when a tenant makes a payment. Browne declaration ¶6. The ledger is admissible under the business records exception. The ledger and lease show the Ins failed to make required lease payments. This carries SM's initial burden as t...

Excerpt: ...articipated in multiple informal discovery conferences and Rubin supplemented his responses several times, Stiffelman argues the responses are still insufficient and moves to compel further. Form Interrogatories Nos. 2.6 and 8.2 This asks for information related to Rubin's job and employer during the five years prior to the incident. Separate Statement pgs. 1-2. Rubin's last verified responses state he was employed as a manager for Glenroy Coache...

Excerpt: ...§391 by commencing more than five unsuccessful litigations within the last seven years. The court did not issue a final ruling to allow Visconti an opportunity to present evidence showing a reasonable probability of prevailing on her cross-complaint. Visconti provides no arguments in support of the claims in the cross-complaint. Rather, she argues the prior lawsuits do not qualify her as a vexatious litigant under §391. Her exhibits do not addr...

Excerpt: ...to compel arbitration. There is a liberal federal policy favoring arbitration, requiring arbitration agreements to be on equal footing with other contracts and requiring courts to resolve any doubts as to whether a dispute falls within an arbitration provision in favor of arbitration. AT&T Mobility, LLC v. Concepcion (2011) 563 U.S. 333, 339, AT&T Tech., Inc. v. Comm Workers of Am. (1986) 475 U.S. 643, 650. A similar policy has been expressed by ...

Excerpt: ...R3 and Cohen, arguing the instant MSA is duplicative of the motion denied in April 2021. MSA On April 14, 2021 the court denied a substantively identical MSA from Cohen and RC3 on the grounds that Schenly's reliance on a property broker's advice created a triable issue of fact as to gross negligence. See 4/14/2021 minute order pgs. 4-5. The instant motion includes no new arguments or evidence that could not have been included in the prior motion....

Excerpt: ...ied terminating sanctions but ordered Parker to supplement responses and appear for deposition within 30 days. Hanks moved again for terminating sanctions, arguing Parker failed to adequately supplement responses. On April 19, 2023 the court declined to issue terminating sanctions but agreed to re- consider the motion as a motion to compel further discovery responses. Parker was given leave to file a new opposition. Deposition On October 6, 2022 ...

Excerpt: ...dant Regents demur on government immunity grounds. “Public entities have broad immunity from liability for injuries suffered by an inpatient of a mental institution.” State Dep't. of State Hospitals v. Superior Court of Napa County (2022) 84 Cal.App.5th 1069. Cal. Gov. Code §854.8 states a public entity is not liable for injury to or proximately caused by a patient of a mental institution. Cal. Gov. Code §854.8. Exceptions to that immunity ...

Excerpt: ...contains all its original equipment; they argue this proves the complaint was frivolous: as no parts were removed. Defendants move for an order dismlssmg the complaint and awarding sanctions. A court may sanction an attomey or litigant for filing a pleading for an improper purpose or one that is indisputably without factual or legal merit. Guillemin v. Stein (2002) 104 CalApp_4th 156: 168. Sanctions for a frivolous filing should only be granted i...

Excerpt: ...nd amended cross-complaint alleges two written contracts—a lease agreement between plaintiff James and defendants and a written guaranty agreement between Rowley and EQR_ SACC 1114-19_ Rowley argues James is not a party to the guaranty agreement: and that if he was entitled to enforce it as a third-party beneficiary: the guaranty agreement has been revoked under Cal. Civ. Code 52815 The SACC is unclear as to whether the breach of contract claim...

Excerpt: ...the bankruptcy court granted plaintiff s predecessor-in-interest relief from the stay on June 22: 2020: stating ' 'this order is binding and effective despite any of this bankruptcy case to a case under any other chapter of the Bankruptcy Code[_]" See plaintiffs request for judicial notice exhibit 1 _ The court takes judicial notice of that document. VST notes the bankruptcy court order reinstating the stay after comersion to chapter 7 contains a...

Excerpt: ... at. , case no. 22SMCV01732: alleging Malochka, Dean: Karimov and Kromendopulo caused the fire: and seeking indemnity _ In that action: the court sustained a demurrer, finding the claim should have been filed as a compulsory cross-complaint in this action. Universal filed a first amended complaint in Malochka, which it will dismiss if this coun grants leave to bring the indemnity claims alleged in Malochka as a cross-complaint in this action. A c...

Excerpt: ...ves to: (1) have Visconti declared a vexatious litigant and (2) expunge the lis pendens Visconti placed on his residence in case no. 22SMCV00233_ Visconti moves for (1) an OSC re: contempt arising out of Pinto's alleged failure to timely respond to written discovery: and (2) for reconsideration of an order requiring her counsel Murphy to pay Pinto S3,OOO in fees and costs. These motions were set to be heard in March 2023 and taken off calendar af...

Excerpt: ...mplaint (attached as exh_ 1 to Mass DecL) adding causes of action for breach of contract: fraud: concealment and recission and to add Itzhaki and Levy as individual defendants. Amendments must be liberally allouecl at any stage of a proceeding: including during trial, when no prejudice to the opposing party is shou•n_ Duchrow v. Forrest (2013) 215 Cal_App.4th 1359, 1377 _ Generally, a coult will not consider the validity of the proposed amended...

Excerpt: ...ages. Demarest argues the complaint contains no specific allegations establishing malice, fraud: or oppression. He points out that while plaintiffs make insinuations regarding defendant' s m a cannabis-focused streaming platform: they do not allege Demarest was under the influence at the time of the incident The complaint alleges he was driving on the wrong side of the road and "watching a television show" when he collided with plaintiffs' car. R...

Excerpt: ... distress and intentional misrepresentation claims. HED For a plaintiff to successåully plead a cause of action for IIED: defendant: s conduct must be outrageous: i.e. it must be ' 'so extreme as to exceed all the bounds of that usually tolerated in a civilized community " Catsouras v. Dept. of California Highvay Patrol (2010) 181 CalApp_4th 856: 874 Sadr argues plaintiffs have not alleged outrageous conduct. Plaintiffs allege property damage du...

Excerpt: ...d receiving distributions. The coun uses first names of the various Harkham parties for ease of reference, not with an intent to show disrespect. Terry alleges Efrem and his son Aron now deny his status as partner: reftsing to distfibute profits from the hotel 's sale and preventing him from inspecting books and records. Terry also alleges Efrem and Aron engaged in self-dealing: taking out loans against the hotel for their ourn benefit and using ...

Excerpt: ...d their possessions from the property. Landlord Tana moves for a preliminary mjunction: asking the coult to order the De Julios to remove all personal possessions, so she can make repairs and rent the property. A preliminary injunction will issue if 1) moving party is likely to suffer greater injury from a denial than the non-moving party is likely to suffer from its grant, and 2) a reasonable probability that the moving party will prevail on the...

Excerpt: ...and ten: which state "[o]n July 25, 2021 the Defendants and each ofthem could reasonably have anticipated that the DOG would cause injury to Plaintiff Maryam Ansari by attacking and biting Plaintiff:" and ' 'On July 25, 2021, the Defendants and each ofthem had sufficient opportunity to prevent the DOG from attacking and biting Plaintiff MARYAM ANSARI but failed to exercise reasonable care to control and contain the DOG and prevent the attacking a...