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: ...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: ... 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: ...ction preventing distribution until the litigation concluded. The matter has resolved, and plaintiffs move to dissolve the injunction and distribute assets. Defendant Grayson, a former executive of the LLCs, opposes the dissolution, alleging he is entitled to payments from GHCP and the LLCs. Under Cal. Code of Civ. Proc. §553, the court may “on notice modify or dissolve an injunction or temporary restraining order upon a showing that there has...

Excerpt: ...ip and fall on Defendant's stairs. Plaintiff alleges he slipped and fell on a slippery substance on the floor. 2. 9/11/19 Ruling on Motion for Order Requiring Undertaking The Court was scheduled to hear Defendant's motion for an order requiring Plaintiff to post bond in order to continue to prosecute this action on 9/11/19. Prior to the hearing, the Court issued a tentative ruling as follows: a. Law Governing Motion to Require Undertaking In an a...

Excerpt: ...ges arising out of a fall. The fall occurred on McKinley's property, which Borno had rented on Airbnb. Plaintiff noticed Defendant, McKinley's deposition for 8/21/19. Defendant did not object, but did not appear. Defense Counsel appeared at the deposition, but Defendant did not. Thereafter, Plaintiff attempted to meet and confer prior to filing the motion, but Defendant did not provide dates for the deposition. At this time, Plaintiff moves to co...

Excerpt: ...eb, M.D. and Joshua Scott, M.D. for medical malpractice. Plaintiff, Michael alleges Defendants were negligent in connection with an emergency room visit. Plaintiff, Courtney brings a claim for loss of consortium. 2. Motion for Summary Judgment a. Moving Argument At this time, Dr. Gottlieb moves for summary judgment, contending he complied with the standard of care at all times, and nothing he did caused or contributed to Plaintiff's claimed damag...

Excerpt: ...Inc.[3] Tentative Ruling See below. Background Plaintiff ROIC California, LLC (“Plaintiff”) alleges that on or about February 10, 2000, Il Han Lee (erroneously sued as Il Han Le) and In Ok Lee (erroneously sued as In Ok Le) (collectively, the “Lees”) executed a written Shopping Center Lease (“Lease”), wherein the Lees leased the premises located at 529 South Glendora Avenue, Suite 529Bin Glendora, California (“premises”) from Plai...

Excerpt: ...d them into the intersection, where plaintiff Maroli Ong was struck by a vehicle driven by an intoxicated driver. Plaintiffs file this Pitchess motion to obtain Officer Lagin's entire BHPD personnel file. Defendants City of Beverly Hills and Lagin oppose. Plaintiffs allege Lagin breached the duty of care by directing plaintiff Ong to stand in the intersection and failing to control traffic. Motion at pg. 14. Plaintiffs argue Lagin, a level II res...

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: ...egarding setting the deposition. Plaintiff fulfilled her obligation to meet and confer. Defendant retained new counsel, and still did not make Greenberg available for deposition. Plaintiff is under no obligation to meet and confer again with new counsel, as plaintiff demonstrated meet and confer attempts with prior counsel. The motion is granted, pursuant to CCP 2025.450(a). Deposition to go forward within 20 days, at a date, time and location mu...

Excerpt: ...was hired by plaintiff to act as a resident on-site manager in April 2013. The parties signed an employment agreement, whereby either party could terminate the agreement on two weeks' written notice (Exh. A to FAC). Plaintiff alleges that on November 3, 2017, plaintiff gave defendant Serian Rabadi notice of termination of employment, effective November 17, 2017 (Exh. B to FAC). Plaintiff further alleges that defendants claim to have entered into ...

Excerpt: ...8, this matter was resolved by way of a nonsuit, granted in defendant's favor. Defendant is the prevailing party, so is entitled to fees, pursuant to the lease provision and Civil Code, sec. 1717. Plaintiff's opposition was filed on May 8, 2018, for a May 10, 2018 hearing date, making it untimely. Much of the claimed work on this matter appears to be duplicative. On February 23, 2018 attorney Oppenheim claims 3.5 hours for appearing at court (2.8...

Excerpt: ...3291 filed on 11/28/2017 3. MOTION OF DEFENDANT ZAGID ABATCHEV TO TAX COSTS filed on 12/18/2017 This matter arises out of admitted liability rear-end automobile accident which proceeded to trial. Defendant admitted liability two weeks prior to trial. On 5/1/17 plaintiff Broughton served a CCP 998 demand of $399,999 on defendant, which defendant Abatchev rejected. On 9/15/17, the jury returned a verdict of $295,000 in plaintiff's favor. There are ...