Excerpt: ...nts herein and may be called as a witness Plaintiff argues Dr. Maddahi may be reluctant to testify on her behalf given his attorney-client relationship Mith defense counsel, and/or may share her confidential information with counsel. She moves to disqualifr defense attomeys Yee Lam and Brian P. Kamel_ A party who is not a client or former client nonetheless has standing to bring a motion to disqualifr: where "the ethical breach is manifest and gl...

Excerpt: ...es CB failed to pay and provides no evidence of an affirmative defense. GM moves for summary judgment or adjudication on breach of contract: open book account, account stated and quantum meruit Defense Objections to Fante declaration: Objection 1 OVERRULED, objection 2 SUSTAINED (lack of personal knowledge) objection 3 SUSTAINED (hearsay, lack of personal knowledge) objections 4-12 OVERRULED. Defense Objections to Ross declaration: Objection 1 OV...

Excerpt: ...ounds that the answer does not state sufficient facts to constitute a defense. Cal. Code of Civ. Proc. 5431 20. An defense: like a cause of action, must be pleaded using ultimate facts: rather than legal conclusions. FPI Dev., Inc., v. Naskashima (1991) 231 367, 384. Plaintiffs argues the first through twelfth affirmative defenses are set forth in a conclusory, boilerplate manner: and each merely states the relevant principles: without specific f...

Excerpt: ...ay over S200:000 in rent and CAM charges and that K&K transferred assets to prevent SREG from collecting the debt Defendants Kallberg demur and move to strike portions of the second amended complaint (SAC) K&K cross-complains, alleging SREG retaliated for complaints about plumbing issues, manufactured false breaches of contract and posted fraudulent demolition notices to force K&K to give up their lease. SREG demurs and moves to strike portions o...

Excerpt: ...l denied her requests for reasonable accommodations, and the hotel and its amenities were inaccessible and/or dangerous On February 3 2023 the court overruled a demurrer to Miller' s cause of action for intentional infliction of emotional distress (IIED) and sustained a demurrer to Miller's cause of action for false imprisonment with leave to amend. Defendants Palmetto Hospitality and Interstate Management demur to the second amended complaint De...

Excerpt: ...cts and that Bailey Care Homes' owner Shawn Bailey defamed them Bailey Care Homes files this anti-SLAPP motion as to the foulth: fifth: sixth, seventh: and eighth causes of action for defamation, invasion of privacy: intentional interference with contract, intentional infliction of emotional distress and declaratory relief Courts resolving an anti-SLAPP motion under Cal. Civ. Code 5425.16 follow a two-step process. Jarrow Formulas, Inc. v. LaMarc...

Excerpt: ...dants had a partnership Avis: a subsidiary of defendant PV Holding, under which Avis rented vehicles to approved Uber drivers: including Singh. Defendants demur and move to strike punitive damages and attomeys' fees claims. PV Holding Demurrer- Unfair Business Practices Defendant PV Holding demurs to the unfair competition under Cal. Bus. and Profs. Code Sl 7200 claim. A cause of action under Sl 7200 requires plaintiffto allege an unlawftl: unfai...

Excerpt: ...aint for declaratory relief, asking the court to determine the amount due on the initial loan of S 140,000 _ Leave to file a cross-complaint may granted in the interest ofjustice at any time during the course of an action. Cal. of Civ. Proc. 5428.50. Defendant argues the underlying complaint does not dispute the amount owed, only the loan s validlty_ He argues the interests ofjustice and efficiency would be served by allowing him to file the cros...

Excerpt: ...its purchase on D&K' s behalf; United alleges D&K failed to pay the 20% On January 17 2023 the court sustained a demurrer u.ith leave to amend. D&K demurs to causes of action for breach of the covenant of good faith and fair dealing, conversion and accounting in the FAC. Breach of Covenant of Good Faith and Fair Dealing ' 'Every contract imposes upon each party a duty of good faith and fair dealing in its performance and its enforcement " Hicks v...

Excerpt: ... eighth through tenth causes of action. They are not named in any of these causes of action, so the claims are not targeted at them. OVERRULED. Breach of Contract When deciding a demurrer: the court should view the complaint with a liberal construction and raise any reasonable inferences from its text. Del. E. Webb Corp. v. Structural Materials co. (1981) 123 CalApp_3d 593. Tenants allege landlords breached the lease agreement due to habitability...

Excerpt: ...likely to produce sympathy in the jury. Chung argues liability is likely to involve fewer witnesses and less evidence and promote efficiency: as Stevens alleges substantial injuries and filture medical treatment, which will require testimony from multiple treating physicians. Code of Civ. Proc. Sl 048 allows biftrcation of trial when doing so would conducive to expedition and economy." Issues may be biharcated when doing so would serve ' 'the end...

Excerpt: ...raballo and Athens demur. The demulTers are supported by a declaration from attomey Weiss: who attempted to meet and confer as required by Cal Code of Civ. Proc. $30.41. She left multiple messages but received no response from plaintiff s counsel. Weiss decl. "3-9. Roth argues Weiss failed to attempt to meet and confer. The court disagrees. Athen s DemulTer Breach of Good Faith and Fair Dealing Every contract implies a covenant of good faith and ...

Excerpt: ... on her debt to American Express. She also states that by September 1, 2023 her children will be in school full-time, which will free her up to seek full-time employment. The motion cites Cal. Code of Civ. Proc. §§473(b) and 595. Section 473(b) permits courts to provide relief from a “judgment, dismissal, order, or other proceeding,” taken against a party through “mistake, inadvertence, surprise, or excusable neglect.” No judgment, orde...

Excerpt: ...anti-SLAPP motion. Doe seeks attorney's fees for prevailing on the anti-SLAPP motion and subsequent appeals, via two separate motions. The first motion seeks $231,606.25 for work by Martinez Law Group in the trial and appellate courts. The second seeks $750,000 for Sidley Austin and Bryan Cave's work before the Supreme Court. On January 25, 2023, the court heard plaintiffs' motions for attorney's fees. The motions were continued to permit Doe to ...

Excerpt: ...final award denied plaintiff's claims, while awarding Chelico attorney's fees, expert witness fees and deposition costs arising out of Labor Code claims resolved before arbitration. Chelico decl. ¶¶1-2. Chelico argues the arbitrator's conduct and decisions showed bias towards Gearys, justifying a set aside of the award. An arbitration award is subject to limited judicial review, with all presumptions drawn in favor of the award's validity. E.g....

Excerpt: ...ars after the action is commenced against the defendant." Cal. Rules of Court Emergency Rule 10(a): issued in response to the COVID-19 pandemic, provides "for all civil actions brought on or before April 6: 2020 the time in •which to bring the action to trial is extended by six months for a total of five years and six months. Without Rule 10(a): this matter would hme been required to be brought to trial by March 23 2023 _ Rule 10(a), however: e...

Excerpt: ...steer customers towards Cliffside Malibu: a rehabilitation center owned by defendant Taite: and away from competitors such as Passages. Grasshopper alleges The Fix published a review about Passages that wrongfully concealed its bias, falsely stated its review of Passages was based on Ivritten surveys from former patients and failed to disclose that its reviews were really advertising for Cliffside. Plaintiff made the same allegations in a federal...

Excerpt: ...must be given at least five days prior to the production date: but courts have the authority to consider an untimely motion to quash. Cal. Code of Civ. Proc. Slage v. Superior Court (1989) 211 Cal_App.3d 1309: 1312. Discovery is not limitless: and discovery requests that do not seek relevant information or ivhich impose a burden that outweighs the likelihood of discovering relevant infonnation are prohibited. E.g. Calcor Space Facüity, Inc. v. S...

Excerpt: ...r privacy by using her phone to post positive online revieivs of himself Finally: plaintiff alleges Ellenbogen sexually harassed her, making unwanted sexual advances. Defendants Desai and Ellenbogen each demurs and moves to strike punitive damages requests. Ellenboeen Demurrer/Motion to Strike Demurrer- Breach of Contract Generally: when a patient claims to be dissatisfied due to alleged medical mistake, the action sounds in professional negligen...

Excerpt: ...n is pending. Cal. Code of Civ. Proc. "12.20(a). Knapp moves to quash because the summons does not include the court's seal. Knapp declaration '2. Plaintiff acknowledges the original summons did not include a seal, but the summons has been served again, including a stamp of the court's seal. Gore declaration "12-3. The new summons is proper, mooting this motion. Knapp argues a seal cannot be affixed to a summons with an ink stamp and must use a w...

Excerpt: ... as their agent in a dispute over use of the street Plaintiff alleges the Meehans wrongfully blocked Horizon interfering with their tenants: use of the property. Defendants Meehan mcne for summary judgment Objections: Plaintiff objection 1 OVERRULED. Scott Meehan objection 1 0\ÆRRULED; objection 2 OVERRULED; objection 3 OVERRULED; objection 4 SUSTAINED (lack of foundation): objection 5 OVERRULED; objection 6 OVERRULED; objection 7 OVERRULED; obj...

Excerpt: ...s not oppose. A demurrer is an all-or-nothing procedure: meaning a party cannot demur to part of a cause of action. People v. Union Pacific Railroad Co. (2006) 141 CalApp_4th 1228, 1243. Unfair Competition California' s Unfair Competition statute provides a private cause of action for "unlawftl, unfair or fraudulent" business acts or practices. Cal. Bus. & Prof. Code Sl 7200 et_ seq. Optimum and Smiley argue this claim is based on allegations tha...

Excerpt: ...ication. Evidentiary Objections Objections 1-3 OVERRULED (lack of authentication/improper expert testimony); objections 4-6 OVERRULED; objection 7 OVERRULED (lack of personal knowledge, legal conclusion); objections 8-9 OVERRULED (relevance). Shed Claims Mardirossian argues all claims arising out of the shed, including private nuisance, trespass, negligence and ejectment, are moot because the shed has been removed. Howarth admitted in response to...

Excerpt: ...te purchase agreement (RPA) that would govern the sale following an exercise of the purchase option. Later, the option contract was amended and the RPA deleted. Defendant Kelly Phelps, plaintiffs' realtor, initially worked for defendant R&LS Investments, Inc. dba Keller Williams and later began working for defendant Pacific Union. Plaintiffs allege the realtor defendants failed to uphold their duties of care during formation and execution of the ...

Excerpt: ...is stake in the fund's investments. Bar-Ziv and Blue Sparrow move to strike the first through fourth and seventh causes of action for wrongful termination, interference with contractual relations, defamation, breach of the covenant of good faith and faith and fair dealing and violation of the California confidentiality of medical information act, arguing these claims arise out of activity protected by the anti-SLAPP statute. They also demur to th...

Excerpt: ...endants failed to fix it. Eckhaus sues for breach of the warranty of merchantability under Cal. Civ. Code §1791 et seq., the Song-Beverly Act. Defendant McLaren Automotive (MAI) argues discovery revealed Eckhaus suffered no damages, making no lease payments or incurring any other expenses related to the vehicle. MAI seeks to reclassify the matter as limited civil. On January 13, 2021, the court issued a tentative ruling granting the motion. The ...

Excerpt: ...urt would consider terminating sanctions if Albinali again failed to comply. Defendant Calvert moves for terminating sanctions, as Albinali failed to appear. A court may order sanctions, up to and including terminating sanctions, for disobeying a discovery order. Cal. Code of Civ. Proc. §§ 2023.010, 2023.030. Terminating sanctions are meant to be remedial, not punitive, and should generally not be imposed unless lesser sanctions fail to induce ...

Excerpt: ...art Rubin's brother, seeking records and communications related to the project, and other development projects involving Stuart Rubin. Dr. Rubin, Stiffelman's former client, argues the subpoena violates attorney-client privilege and improperly seeks to weaponize confidential client information. Dr. Rubin also argues the subpoena's requests are overly broad, uncertain and oppressive. An attorney is forbidden to use against a client knowledge or in...

Excerpt: ... punitive damages from the SAC. On 10/13/2022 the court sustained a prior demurrer with leave to amend the FAC to provide facts as to the nature of the Bane/Ralph act violation allegations and to clarify Chompol and Sweeney's liability. Corporate officers are not liable for a corporation's wrongdoing by virtue of their status as officers or directors; they are liable only if they personally direct, ratify or participate in tortious conduct. Reyno...

Excerpt: ...Professional Conduct Rule 3.7(a) provides that a lawyer shall not act as an advocate in a trial in which the lawyer is likely to be a witness. Under the advocate-witness rule, “an attorney who intends to testify at trial may not participate in any pretrial activities which carry the risk of revealing the attorney's dual role to the jury.” In some instances, rule 3.7 prevents a testifying attorney from participating in pretrial litigation, suc...

Excerpt: ...her requests for reasonable accommodations, and the hotel and its amenities were inaccessible and/or dangerous. Defendant Palmetto Hospitality demurs to causes of action for intentional infliction of emotional distress and false imprisonment. Intentional Infliction of Emotional Distress (IIED) A cause of action for intentional infliction of emotional distress requires conduct “so extreme as to exceed all bounds of that usually tolerated in a ci...

Excerpt: ... complaint (TACC), containing causes of action for negligent infliction of emotional distress and abuse of process. Aimco moves to strike under California's anti-SLAPP statute. Courts resolving an anti-SLAPP motion under Cal. Civ. Code §425.16 must follow a two-step process. Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 733. In the prong one, the court determines whether the conduct underlying plaintiff's cause of action arises from t...

Excerpt: ...im harassing messages, interfering with his business relationships and damaging and/or stealing property. Vandenberg cross-complained, alleging Hall threatened and intimidated her, prevented her from accessing anxiety medication, kicked her out of their shared residence, and interfered with her business relationships. Hall moves to strike Vandenberg's request for punitive damages. If a plaintiff seeks punitive damages but does not specifically al...

Excerpt: ...against Bestland, alleging a contractual duty to defend, indemnify and hold harmless and moves for summary judgment, arguing Bestland failed to defend. Bestland's contract with Oh obligates it to “defend, indemnify and hold harmless Owner from and against any claims, allegations, damages, awards, judgments and expenses of any kind or character . . . which may arise out of or result from in whole or in part from Contractor, Contractor's subcontr...

Excerpt: ...s unavailable when more than six months pass after the entry of default; relief under §473.5 becomes unavailable the earlier of two years after the entry of default judgment or 180 days after written notice that default judgment has been entered. Aldrich v. San Fernando Valley Lumber Co. (1985) 170 Cal.App.3d 725, 735 fn. 3. A court may vacate default on equitable grounds, such as extrinsic fraud or extrinsic mistake, even if statutory relief is...

Excerpt: ...om the property. Landlord Tana moves for a preliminary injunction, asking the court 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 merits. IT Corp. v. ...

Excerpt: ...ve to amend as to the nuisance cause of action. Plaintiffs' third amended complaint contains a single cause of action for private nuisance. Defendants demur. A cause of action for private nuisance requires plaintiff to show “substantial actual damage.” This is based an objective standard which considers “effect . . . the invasion [would] have on persons of normal health and sensibilities living in the same community[.]” Additionally, plai...

Excerpt: ...n denying summary judgment on the grounds that there was a triable issue of fact regarding the issue of collapse. After oral argument, the court again continued and requested further supplemental briefing as to disputed fact #3 stating defendant's administrator allegedly told plaintiff the remaining portion of the balcony still attached to the property should be “professionally secured,” section E8A2 of the policy stating “[a] building or a...

Excerpt: ...tion. Doe seeks attorney's fees for prevailing on the anti-SLAPP motion and subsequent appeals, via two separate motions. The first motion seeks $231,606.25 for work by Martinez Law Group in the trial and appellate courts. The second seeks $750,000 for Sidley Austin and Bryan Cave's work before the Supreme Court. These motions were continued from November 30, 2022. Motion to Strike Plaintiff moves to strike references in defendants' opposition to...

Excerpt: ...ber, on the grounds that Houck's cause of action for adverse possession had not yet been adjudicated. 3/25/2022 minute order, pg. 2. On September 22, 2022 during court trial, the court granted Barber's motion for nonsuit as to the cause of action for adverse possession. At the conclusion of trial, the court ruled Barber owns the disputed area. Barber renews his motion for judgment on the pleadings as to trespass to timber. Houck filed no oppositi...

Excerpt: ...d negotiated its purchase on D&K's behalf; United alleges D&K failed to pay the contractual fee. Defendants demur and move to strike. At the time the demurrer was heard, the motion was unopposed. The court issued a tentative ruling granting the motion in part and denying it in part. The court declined to issue a final ruling and continued the hearing to allow plaintiff to file an opposition. The court will only address the portions of the demurre...

Excerpt: ...ues for breach of the warranty of merchantability under Cal. Civ. Code §1791 et seq., the Song-Beverly Act. Defendant McLaren Automotive (MAI) argues discovery revealed Eckhaus suffered no damages, making no lease payments or incurring any other expenses related to the vehicle. MAI argues the case must be reclassified as limited civil. A limited civil is case where the value of the property in controversy amounts to $25,000 or less. Cal. Code of...

Excerpt: .... Denali moves to strike Brandt's requests for punitive damages and some statutory damages. Punitive Damages A request for punitive damages must be supported by clear, specific allegations of fraud, malice, or oppression. Hilliard v. A.H. Robbins Co. (1983) 148 Cal.App.3d 374, 392. A properly pleaded cause of action for wrongful eviction is sufficient to support a prayer for punitive damages. Stoiber v. Honeychuck (1980) 101 Cal.App.3d 903. Brand...

Excerpt: ...radi argues there is a triable issue of fact as to whether payment of the guarantee was conditioned on Javaherian providing $300,000 after a capital call. After oral argument, the parties submitted supplemental briefs regarding the capital call. The agreement states Moradi would guarantee loans made to three of his entities “in consideration of Javaherian providing the additional funding[.]” Guaranty Agreement pg. 1. The term “additional fu...

Excerpt: ...ispute for $100,000. Framing Specialists alleges the Crisp defendants hacked into Pacificore's email and fraudulently redirected Pacificore's settlement payment into a Crisp Bank of America (BofA) account. Framing Specialists sued BofA for approving the allegedly fraudulent wire transfer, and Pacificore cross-claimed on the same grounds. BofA demurs. The court did not receive an opposition from either Pacificore or Framing Specialists, and BofA f...

Excerpt: ...th her. Visconti claims Pinto made a false domestic violence report against her, leading to her arrest. Pinto allegedly used Visconti's arrest to extort her into dropping domestic violence allegations against him. Pinto moves to strike the cross-complaint under the anti-SLAPP statute, arguing the domestic violence police report constitutes protected activity. Evidentiary Objections All Pinto objections to exhibits SUSTAINED for lack of authentica...

Excerpt: ...t-published case, Davis v. Shiekh Shoes, LLC No. A161961, 2022 WL 1654189. The court has reviewed the supplemental briefing and rules as follows. The Davis court found waiver of the right to arbitrate cannot be conditioned on a showing of prejudice. Id. at *7. Unreasonable delay and actions inconsistent with an intent to arbitrate are sufficient to show waiver, even in the absence of prejudice. Id. Unlike in Davis, this court's conclusion that Kh...

Excerpt: ...ll attached to the building (which Lloyd's identifies as the “south balcony,” as distinguished from the “east balcony” which collapsed) which it argues did not “collapse” within the meaning of the policy. Revello argues the balcony did collapse but remained standing due to the installation of temporary supports, and the supports were installed to comply with the policy's mitigation requirements. Revello argues Lloyd's is now using thi...

Excerpt: ... On September 27, 2022, the court sustained a demurrer to fraud cause of action in the first amended cross-complaint on the grounds that FACC did not clearly allege causation and damages. Mehdizadeh filed an SACC, to which Elysienne again demurs. Fraud Fraud must be pleaded with heightened particularity to survive demurrer. Goldrich v. Natural Y Surgical Specialties, Inc. (1994) 25 Cal.App.4th 772, 782. This means pleading facts showing “how, w...

Excerpt: ...her websites in breach of their lease. Huesca and Luske cross-claimed, alleging the complaint constituted a breach of the parties' general release agreement. On October 7, 2021, the court overruled a demurrer to the second amended cross-complaint. On September 8, 2022, Luske, without leave, filed a document labeled “second amended counterclaim,” which amounts to a third amended cross-complaint (TACC.) Aimco waived procedural objections to the...

Excerpt: ...al, seeking documents from 2015 to the present date. Defendant Molina argues these requests are overbroad and moves to quash. Personal financial information falls within the zone of privacy protected by the California Constitution. E.g. Williams v. Superior Court (2017) 3 Cal.5th 531, 552. When a party to litigation seeks to discover information subject to the constitutional right to privacy, the party bears the burden of establishing a compellin...

Excerpt: ...ayments Wiederhorn was due to receive from her ex-husband. Wiederhorn argues the levies are improper because her divorce judgment is under appeal, so not yet final. She also states the funds are exempt from levy under Cal. Code of Civ. Proc. §703.140(d) because she needs them for personal maintenance. On October 11, 2022 the court ordered supplemental briefs regarding whether a judgment creditor may levy on payments due from a non-final judgment...

Excerpt: ...omplaint, ruling plaintiff had not alleged administrative exhaustion or an exception to the exhaustion requirement. Plaintiff was granted leave to amend and filed a second amended complaint (SAC.) Defendants Providence St. John's Health Center, Providence Health & Services, Medical Staff of Providence Saint John's Health Center and Howard Chait, M.D. (collectively “PSJHC”) demur to the first, second and fourth causes of action, arguing the ne...

Excerpt: ...e on these misrepresentations and sues for fraud, misrepresentation, negligence, breach of contract, rescission, declaratory relief and various derivative statutory causes of action. Pegasus moves for summary judgment, arguing all alleged misrepresentations were made between January 29, 2016 and July 8, 2016, prior to the time Guadalupe was formed. Additionally, Pegasus argues Guadalupe was not a party to the underlying representation agreement. ...

Excerpt: ...r 4, 2021, defendant Burt answered the complaint and cross-complained against cross-defendant Mohammed Al-Marri, owner of 8950 Sunset, for breach of contract. The cross-complaint alleges Burt and Al-Marri had a romantic relationship and from 2013-21 Burt with Al-Marri at a home he owned. Burt alleges Al-Marri promised to provide for her financial security. In reliance, Burt ended her career as a model, converted to Islam, provided household servi...

Excerpt: ...vice the vehicle, impairing its safety, use and value. Plaintiff alleges violations of the Song-Beverly Act (Civil Code 1793.2), breach of express written warranty (Civil Code 1791.2 and 1794), and breach of the implied warranty of merchantability (Civil Code 1791.1 and 1794). On August 25, 2022 at an Informal Discovery Conference defendant agreed to produce responsive documents and supplemental responses by September 8, 2022. The hearing on this...

Excerpt: ...the cross-claims are not compulsory, defendant delayed in bringing the motion and plaintiff would be prejudiced because a bench trial is set for 2/27/23. Where a defendant wishes to assert a “related cause of action,” it must do so in a cross- complaint. Failure to plead a compulsory claim will bar defendant from asserting it in a later lawsuit. Code Civ. Proc. §426.30, §426.10. Causes of action arise out of the “same transaction or occur...

Excerpt: ...the hearing. The court ordered compliant responses and granted sanctions of $2,450. Defendants failed to meet and confer and have not produced documents or privilege logs; defendant did pay the sanctions. Plaintiff argues he has been prejudiced and seeks terminating and monetary sanctions. Where a party deponent fails to obey an order compelling attendance, testimony, or production, the court may impose terminating sanctions for failure to respon...

Excerpt: ... costs. Defendant argues plaintiff waived her right to compel arbitration and seeks $4,760 in fees for opposing this petition. “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate...

Excerpt: ...of consortium against all defendants, including Laughlin and Moe, as well as the arbitrating defendants. Plaintiffs seek damages for the same injuries in both the arbitration and the civil trial matters. Plaintiffs seek leave to submit an amended claim in arbitration on behalf of plaintiff Nick Swaim for loss of consortium against the arbitrating defendants. As noted by the opposition, there is no evidence arbitrator Horton has ruled on this moti...

Excerpt: ... a renewed judgment of $604,914.83. Judgment creditor opposes and objects to portions of Jennifer Hardy's declaration, which are OVERRULED. Judgment creditor argues lack of service, but filed opposition, does not show prejudice, nor does it ask the court to deny the motion on this basis. Code of Civil Procedure section 683.020 provides a money judgment is enforceable for a ten- year period following the date of entry. “The judgment creditor may...

Excerpt: ...n of Penal Code § 496 . Defendants Rari Capital and Fei developed cryptocurrencies and decentralized autonomous organizations (DOA). Rari Capital developed $RGT tokens which held value on the secondary market and conferred voting rights in the Rari Capital DOA. Fei Labs developed TRIBE tokens which hold value on the secondary market and confer voting rights in the Fei DOA. Holders of $RGT approved a merger of the Fei and Rari Capital DOAs. As pa...

Excerpt: ...ved to support the non-collapsed portion in compliance with policy requirements to act to prevent further damage. Compl. ¶ 17. Defendant paid over $1 million but denied coverage relating to the non-collapsed portion of the balcony. Compl. ¶ 19-21. Plaintiff alleges the non-collapsed portion of the balcony remained in place because of the supports it installed; once those supports were removed, the remaining portion collapsed. Compl. ¶ 20. Plai...

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...

Excerpt: ...heir eviction. Pink alleges cross- defendants Ghods and Pahlavan caused her to be subject to an involuntary 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. Ghods alleges he did not wrongfully cause Pink to be hospitalized. His declaration states he witnessed her engage in behavior that appeared to indicate a severe decl...

Excerpt: ...cation was wrongful under the Civil Code and the association's voting rules and seeks court determination of the validity of the election. Under Cal. Corporations Code §7616, upon motion of a director or member, a superior court shall determine the validity of the election or appointment of any director or member. Under Cal. Civ. Code §5105, a homeowner's association “may disqualify a person from nomination for nonpayment of regular and speci...

Excerpt: ... sue for private nuisance, negligence and intentional infliction of emotional distress. Defendants demur. Nuisance A cause of action for private nuisance requires plaintiff to show “substantial actual damage.” This is based an objective standard which considers the “effect . . . the invasion [would] have on persons of normal health and sensibilities living in the same community[.]” Additionally, plaintiff must show the invasion is “unre...

Excerpt: ...Cohen declaration ¶¶4-6. The court granted a temporary restraining order preventing the re-listing of the property pending a hearing on the issuance of a preliminary injunction. 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 exists that the moving party will prevail on the merits. IT Corp. v. Cou...

Excerpt: ...Resolution, “a Tenant shall not be evicted for nonpayment of rent, late charges, interests, or other fees accrued if the Tenant demonstrates an inability to pay rent and/or such related charges due to Financial Impacts Related to COVID-19 . . . and the Tenant has provided notice to the landlord within seven (7) days after the date that rent and/or such related charges were due[.]” Resolution VI (A)(1) The term “financial impacts” means �...

Excerpt: ...na on the Medical Board of California seeking copies of her file under Cal. Bus. & Prof. Code §800. Plaintiff alleges the Board did not produce the complete file and moves to compel compliance. Under Cal. Bus. and Prof. Code §800, the Medical Board is required to maintain a central file for each licensee. The file must contain a record of the licensee's criminal convictions, judgments or settlements in excess of $3,000 related to professional n...

Excerpt: ...igence and intentional infliction of emotional distress. Defendants demur. Nuisance A cause of action for private nuisance requires plaintiff to show “substantial actual damage.” This is based an objective standard which considers the “effect . . . the invasion [would] have on persons of normal health and sensibilities living in the same community[.]” Additionally, plaintiff must show the invasion is “unreasonable,” applying a similar...

Excerpt: ...ud must be pleaded with heightened specificity, and the general rule that pleading standards should be construed liberally does not apply to a claim for fraud. Wilhelm v. Pray, Price, Williams & Russell (1986) 186 Cal.App.3d 1324, 1332. Claims for fraud based on statements of opinion, rather than fact, are not actionable as fraud. Nibbi Bros. v. Home Fed. Savings & Loan Ass'n. (1988) 205 Cal.App.3d 1415, 1425. Defendant argues the fraud claim is ...

Excerpt: ...ehear the motion. A motion for renewal or reconsideration can only be brought upon a showing of “new or different facts, circumstances, or law.” Cal. Code of Civ. Proc. §1008. A party “may not move for summary judgment on issues asserted in a prior motion for summary adjudication and denied by the court, unless that party establishes to the satisfaction of the court newly discovered facts or circumstances or a change of law supporting the ...

Excerpt: ...at issued Ari's bond, and awarded $90,000 in fees against defendant Ari. The Court of Appeal reversed on June 25, 2021, ruling Wesco was also liable for fees. On July 12, 2021 Wesco paid $90,000 to the Kartons and now moves to strike plaintiffs' memorandum of costs. A post-judgment memorandum of costs can be challenged with a motion to tax under Cal. Code of Civ. Proc. §685.070. Interest accrues on a cost or fee award when the award is entered, ...

Excerpt: ...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 presents expert testimony from Dr. Mark Exler, a prosthodontist and restorative dentist, who opines plaintiff was in a dentally compromised state when she presented to defendant Dav...

Excerpt: ... against them are moot because the judgments that form the basis of this action have been satisfied. Defendants also ague plaintiffs' claims for fraudulent transfer are barred by the statute of limitations. Samih Motion A party may move for judgment on the pleadings at any 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...