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...