Excerpt: ...est Coast. Shad moves to strike the complaint under Cal. Civ. Code §425.16. Courts resolving an anti-SLAPP motion follow a two-step process. Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 733. In “prong one,” the court determines the threshold issue of whether the conduct underlying plaintiff's cause of action arises from defendant's constitutional rights of free speech. Baral v. Schnitt (2016) 1 Cal. 5th 376, 395. Jarrow, supra, a...

Excerpt: ...form her surgery. Plaintiff alleges she was not told Saghizadeh was out-of-network. Saghizadeh performed multiple dental procedures, and plaintiff's credit card was charged for each procedure. She alleges office employees assured her bills would be submitted to insurance. Plaintiff alleges she received dentures, which defendant's staff took back from her. Plaintiff alleges her insurance stated no claims had been presented for her treatment, and t...

Excerpt: ...trate a controversy is “valid, enforceable, and irrevocable,” and must be enforced upon a petition to compel, unless the petitioning party has waived the right to arbitrate or grounds exist for revocation of the arbitration agreement. Cal. Code of Civ. Proc. §§1281, 1281.2. California has a strong public policy in favor of enforcing arbitration agreements. Coast Plaza Doctors Hospital v. Blue Cross of California (2000) 83 Cal.App.4th 677, 6...

Excerpt: ... complaint, and the right to sue letter. Judicial notice is GRANTED as to the existence and legal effect of the documents, but not as to the truth of any matter stated therein. Defendant also requests judicial notice of the fact that plaintiff was terminated on February 28, 2017. Judicial notice is DENIED, as it is disputed. FEHA Claims Before bringing a claim for discrimination or wrongful termination based, an employee must file a verified comp...

Excerpt: ...laintiff's request to allow additional briefing on the applicability of the Civil Code §1714(d) exception to the dram shop law. Under Cal. Civ. Code §1714(c), “[e]xcept as provided in subdivision (d), no social host who furnishes alcoholic beverages to any person may be held legally accountable for damages suffered by that person, or for injury to the person or property of, or death of, any third person, resulting from the consumption of thos...

Excerpt: .... California has a strong public policy in favor of arbitration. Coast Plaza Doctors Hosp. v. Blue Cross of California (2000) 83 Cal.App.4 th 677, 686. If an arbitration agreement was obtained via fraud in the execution, the contract is void, and there was no agreement to arbitrate. If, however, an arbitration agreement was formed via fraud in the inducement, the agreement is voidable and must be rescinded. Whether an agreement is voidable and su...

Excerpt: ... waterproofing and leaks. Montesano seeks declaratory relief determining she has no continuing liability to pay rent under the lease. Orlando demurs to the first amended cross-complaint (FACC) and moves to strike identified portions. First Cause of Action for Breach of Lease (Implied Warranty of Habitability) The elements of a cause of action for breach of contract are: (1) the contract, (2) plaintiff's performance or excuse for nonperformance, (...

Excerpt: ...g the subpoenas seek irrelevant information and violate his privacy rights. Plaintiff argues the theft charges from 2013 are irrelevant to whether he misappropriated information from Damon Capital in 2017, and records of an arrest not resulting in a conviction cannot be used to impeach a witness' credibility. While this evidence may not be admissible at trial, that is not the test for whether documents are discoverable. Discovery is broader than ...

Excerpt: ...artment (HCID). Plaintiffs allege a variety of torts and statutory violations by accepting rent and deceiving them into believing they were renting lawful and permitted units. Defendants demur to all ten causes of action in the second amended complaint (SAC). Uncertainty Defendants argue plaintiffs do not clarify which causes of action are pleaded by which plaintiff and against which defendant. Each cause of action is alleged by every plaintiff a...

Excerpt: ...d, third and fourth causes of action and sustained as to the fifth and sixth causes of action with leave to amend. Sham Pleading Doctrine A plaintiff may not avoid a demurrer by pleading facts or positions in an amended complaint that contradict facts pleaded in the original complaint or by suppressing facts which prove the pleaded facts false. State of California ex rel. Metz v. CCC Information Services, Inc. (2007) 149 Cal.App.4th 402, 412. The...

Excerpt: ...in a campaign to damage plaintiff's professional brand, making false representations to plaintiff's clients, former clients and other professionals. First Prong – Protected Activity “Communications preparatory to or in anticipation of bringing an action or other official proceeding” are protected under the anti-SLAPP statute. Dove Audio, Inc. v. Rosenfeld, Meyer & Susman (1996) 47 Cal.App.4th 777, 784. Even if litigation has not commenced, ...

Excerpt: ...s government agencies (MRCA and SMMC) own property (parcels 900 and 901) within Sycamore Park. Defendants/cross complainants assert their right to invite the public to use the easements for trail access and argue plaintiffs created a nuisance and violated the California Coastal Act by erecting a security kiosk/gate preventing access to the roads. Plaintiffs' and Cross-Defendants' Motion for Summary Judgment/Summary Adjudication Plaintiffs move fo...

Excerpt: ...ontract, professional negligence and fraud. Cross-defendants Jason J. Allison and Brett A. Berman move for judgment on the pleadings. A motion for judgment on the pleadings may be made on the same ground as those supporting a general demurrer. Stoops v. Abbassi (2002) 100 Cal.App.4th 644, 650. The standard for ruling on a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that it appears a party...

Excerpt: ... Farbod Youshei (“Farbod”), Shoor Temple, LLC and Eagle Nasher, LLC. Joseph argues Etehad used privileged documents to support its opposition to the prior motion to disqualify counsel, heard by this court on December 18, 2019. At that hearing, the court found an actual conflict existed but declined to disqualify due to Joseph's delay. A trial court is empowered to disqualify counsel through its inherent power to control the conduct of its min...

Excerpt: ...ff alleges Masoud fraudulently conveyed his interest in two pieces of real property to defendants Park LA LLC and Nato Fund, Inc. Plaintiff also alleges Nato was involved in a 2016 settlement with Masoud, under which Nato would hold one of the properties in trust for Masoud. Masoud cross-complained, alleging Pickford is an alter ego of cross-defendant Nilofar Kahrobai, and assignment of the judgment to Pickford satisfied or extinguished the judgm...

Excerpt: ...ues away from the Trust. Further, defendants allegedly formed a competing entity, Southern California Research LLC (SCR), while working for SRI, planning to dissolve SRI and continue its business under SCR's name. Plaintiffs moved for terminating sanctions against Murphy for failing to comply with a November 7, 2018 court order requiring him to produce SRI's records from a storage locker, respond to contention interrogatories and supplement prior...

Excerpt: ...action only. Plaintiff seeks to depose Dicheck. Plaintiff is subject to an elder abuse restraining order prohibiting him from contacting Dichek and requiring him to stay 100 yards from her. See Rudy Decl., exhibit B. Plaintiff acknowledges a “TRO” is in place. Defendants seeks a protective order delaying Dichek's deposition while the restraining order is in place and until a version of the complaint naming Dicheck as a defendant survives demu...

Excerpt: ...ion of emotional distress and breach of contract. West moves to strike under California's anti-SLAPP statute (Cal. Civ. Code §425.16), arguing Calvert's allegations arise out of West's protected speech. Legal Standard (Anti‐SLAPP) Courts resolving an anti-SLAPP motion 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 plaintiff's cause o...

Excerpt: ... another client. Brooks filed a claim in arbitration under his contract with Innovative. After a seven-day hearing, the arbitrator determined all issues in favor of Innovative and Stein and awarded $170,550.97 in sanctions against Brooks. Innovative and Stein petition the court for confirmation of the award. Brooks seeks to vacate the award or, alternatively, eliminate sanctions. A party to an arbitration may petition to confirm, correct or vacat...

Excerpt: ...eral public. Defendants move for an order requiring plaintiffs to join approximately 95 other Sycamore Park property owners on the grounds that all homeowners have an interest in the easements at issue. Under Cal. Code of Civ. Proc. §389, a person “shall be joined” as a party in an action if “(1) in his absence complete relief cannot be accorded among those already parties,” or “(2) he claims an interest relating to the subject of the ...

Excerpt: ...rking on a television show produced by cross-defendant ThinkFactory Media, LLC. The Luxe entities cross-complained against ThinkFactory. ThinkFactory moves to compel arbitration of the Luxe entities' claims pursuant to the terms of a Location Agreement between ThinkFactory and E.H. Summit. ThinkFactory also moves to seal its unredacted Location Agreement (a redacted version has been filed), its settlement agreement with Stanger and the unredacted...

Excerpt: ...tiff to furnish security or for an order dismissing the litigation if the plaintiff is a vexatious litigant and there is not a reasonable probability he will prevail against the moving defendant. After an evidentiary hearing under §391.1, a court has discretion to dismiss the action or require the vexatious litigant to post security. Cal. Code of Civ. Proc. §391.3. Plaintiff filed eight lawsuits in the eight years preceding this action. See def...

Excerpt: ...ed on arguments not raised in the moving papers and ignored material facts. Courts do not ordinarily consider issues raised for the first time in the reply brief. American Indian Model Schools v. Oakland Unified School Dist. (2014) 227 Cal.App.4th 258, 275. Defendants argue “the only issues presented by Plaintiff in the MSJ for adjudication were whether Moradi's capital call request was justified and whether his requests to the LPs' members was...

Excerpt: ...n he was involved in a lawsuit. Under California Rule of Court 2.550, all or part of a court record may be sealed if the court finds (1) there is an overriding interest that overcomes the right of public access to the record, (2) the overriding interest supports sealing the record, (3) a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed, (4) the proposed sealing is narrowly tailored, and (5...

Excerpt: ...ng the action is barred by the contract's terms, specifically an exculpatory clause and a shortened statute of limitations. Request for Judicial Notice When a plaintiff references a document in her complaint, and the document forms the basis of allegations in the complaint, that document is subject to judicial notice even if not attached to the pleading. E.g. Align Technology, Inc. v. Bao Tran (2009) 179 Cal.App.4th 949, fn. 6; Ingram v. Flippo (...

Excerpt: ...wals were authorized loans, disclosed to plaintiff's trustee and predecessor in interest. Plaintiff seeks a constructive trust on assets or profits acquired via funds taken. Defendant moves for summary adjudication on plaintiff's constructive trust cause of action, alleging his repayment of the funds establishes his affirmative defense of election of remedies. Under the doctrine of election of remedies “if a plaintiff elects a particular remedy...

Excerpt: ... daughter and son-in-law (Spielbergs) to file a temporary restraining order against plaintiff and reported him to the Los Angeles Sheriff's Department and Adult Protective Services for allegedly mistreating his elderly roommate Lewinson. Defendants filed a separate unlawful detainer action, leading to plaintiff's eviction. Defendants file this anti-SLAPP motion alleging their conduct is protected by the constitutional right to petition the govern...

Excerpt: ...01a0003> Plaintiff argues the fees claim should be disregarded because defendant failed to supply a “cognizable line of reasoning or ratiocination applying Civil Code §1717(a)'s first sentence to the alleged facts[.]” No “reasoning or ratiocination” is required. Plaintiff does not dispute the existence of an attorney's fees clause. Plaintiff also argues the court should treat Mr. Parcell's declaration with skepticism because an <004c0057...

Excerpt: ...he City moves to strike plaintiffs' request for emotional distress damages (para. 27 of SAC) and the portion of the caption identifying a sixth cause of action for promissory estoppel. Second and Fifth Causes of Action—Mandatory Duty A public entity cannot be held liable for an act or omission causing injury “[e]xcept as otherwise provided by statute.” Cal. Gov. Code §810 et seq. When a public entity “is under a mandatory duty imposed by...

Excerpt: ...f alleges defendants wrongfully isolated his mother. Defendants demur to all causes of action and move to strike portions of the complaint. First Cause of Action for Conspiracy Conspiracy is not a separate tort, but a form of vicarious liability by which one defendant can be liable for the acts of another – there must be an “underlying tort” to give rise to civil conspiracy liability. IIG Wireless, Inc. v. Yi (2018) 22 Cal.App.5 th 630, 652...

Excerpt: ...tween 9:00 pm and 7:00 am, unless accompanied or on a leash. Plaintiffs move to amend the judgment to remove language identifying defendant as the prevailing party and move to tax or strike defendant's memorandum of costs. Judge Newman's ruling did not identify a prevailing party. The proposed judgment drafted by defendant and signed by the court identifies defendant as the prevailing party. Plaintiffs' counsel was not served with the proposed ju...

Excerpt: ...wed under LARSO. Plaintiff alleges defendant required plaintiff to pay for a neighboring unit's electricity and a monthly pet maintenance fee. Defendant demurs to all causes of action for failure to state sufficient facts (Cal. Code of Civ. Proc. §430.010) and because plaintiff failed to plead exhaustion of administrative remedies. Defendant also moves to strike the entire complaint, as well as specific portions of the complaint. Plaintiff alleg...

Excerpt: ... were actually authorized loans that he disclosed to plaintiff's trustee and predecessor in interest. Plaintiff seeks a constructive trust on any assets or profits that defendant acquired via funds taken from the entities. Defendant moves for summary adjudication on plaintiff's constructive trust cause of action on the grounds that since he already repaid what he alleges were loans from the entities, undisputed facts establish all the elements of...

Excerpt: ...y to transfer legal title, but had “no intention” of making a full transfer of her interests. Plaintiff alleges Elizabeth intended, upon her death, that her estate would be divided equally between plaintiff and Leigh. Plaintiff alleges between 2004 and 2014, Leigh and Elizabeth paid him $300/month from rents collected. After Elizabeth died intestate, Leigh continued making monthly payments to plaintiff until his death in 2018. Plaintiff and d...

Excerpt: ...ties. Defendants Kayvan, et al. allege that, in the decades since the partnership's foundation, Kayvan directed the partnership and made the business and investment decisions that allowed it to grow, while plaintiff Kamran did not take a management role. Defendants seek to dissolve the partnership, move for judicial supervision of the dissolution and submit a dissolution plan for approval. Evidentiary Objections KAMRAN OBJECTIONS: OVERRULED as to...

Excerpt: ...eed to advise him on obtaining medical care. Plaintiff alleges defendant attorneys breached their professional duties by, inter alia, failing to investigate plaintiff's claim and adequately advising him. Plaintiff alleges he received unnecessary medical care and was overbilled by the medical care provider defendants, who billed on a lien basis. All defendants demur. First Cause of Action for Legal Malpractice (Attorney Defendants) The attorney de...

Excerpt: ...lleges defendant's horses had dangerous propensities and were not suitable for riding. Additionally, plaintiff alleges defendant's guide was poorly trained and inexperienced and the ride's location was unsafe. Negligence Claim Under primary assumption of risk, participants in certain recreational activities have no duty of ordinary care to protect other participants from risks inherent in the activity. Nalwa v. Cedar Fair, L.P. (2012) 55 Cal.4 th...

Excerpt: ...7001700140003004c00 004f004c004a00440057[ed to remit to Sizmek. Plaintiff and defendant entered into an agreement under which defendant would pay the outstanding funds, less a $300,000.00 credit for defendant's services. Zeta sues for breach of contract. Plaintiff moves for (1) an order (Code of Civ. Proc. §572) requiring defendant to deposit the funds with the court, (2) a writ of attachment on all defendant's bank accounts until the funds are ...

Excerpt: ...the bamboo or install a barrier, but defendants refused. Defendants demur to plaintiff's fourth and fifth causes of action for property damage and intentional infliction of emotional distress (IIED.) Fourth Cause of Action for Property Damage When a cause of action adds nothing to a complaint by way of fact or theory, it is duplicative and subject to demurrer. Rodrigues v. Campbell Industries (1978) 87 Cal.App.3d 494, 510. There is no independent...

Excerpt: ...-contract cases where defendant is guilty of oppression, fraud, or malice. Malice means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. Oppression means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights. Finally, fraud me...

Excerpt: ...subpoena on Mr. Jimenez, who failed to appear for his deposition. Defendant moves to compel Daniel Jimenez to comply with a third-party deposition subpoena. Personal service of a deposition subpoena is effective to require personal attendance, testimony, and production of documents. Cal. Code of Civ. Proc. §2020.220(c). When a nonparty disobeys a deposition subpoena, the subpoenaing party may move for a court order compelling the nonparty's comp...

Excerpt: .... and neurologist Michael Gold, M.D. Co-defendant Imation Corp. submitted a separate statement of undisputed material facts in opposition to the motion, along with a declaration from forensic electrical engineering consultant Robert Armstrong, Ph.D., P.E. Plaintiff filed a tardy opposition, no declarations and no response to Best Buy's separate statement. Best Buy argues plaintiff fails to establish either duty or damages as to plaintiff's neglig...

Excerpt: ...s agencies MRCC and SMCC cross-complained, seeking to establish that cross-defendants have no right to restrict access to Sycamore Park or associated easements to hiking and equestrian trails. The Agencies allege the Sycamore Park defendants installed a security kiosk, hired a security guard and erected signs without obtaining proper permits, in violation of the California Coastal Act. MRCC is a property owner in Sycamore Park. The Sycamore Park ...

Excerpt: ...ult. Defendant Horizon demurs to plaintiff's third cause of action for breach of implied warranty of habitability and moves to strike plaintiff's request for punitive damages. The court notes that the motion to strike punitive damages is identical to that heard and denied by this court on July 17, 2019. Demurrer to Implied Warranty of Habitability All California residential leases contain an implied warranty of habitability. Green v. Superior Cou...

Excerpt: ...rced plaintiff into a sham marriage with defendant Ashley Ranger. After the marriage, defendant Ranger harassed and threatened plaintiff and extorted support payments from him. Plaintiff alleges his supervisor at Excela, Dowd, also harassed him. Plaintiff alleges he was terminated in retaliation for complaining to Hutchinson about Dowd's treatment. Defendants Excela, Hutchison and Ranger demur to plaintiff's first cause of action for wrongful ter...

Excerpt: ...eliminary injunction blocking the foreclosure sale. Preliminary injunctions can only be granted after the moving party shows there is no adequate remedy at law (i.e. irreparable harm.)Wilkison v. Wiederkehr (2002) 101 Cal.App.4th 822, 832. A showing of irreparable harm is a “threshold requirement” to obtain a preliminary injunction. Costa Mesa City Employees Assn. v. City of Costa Mesa (2012) 209 Cal.App.4th 298, 306. To show irreparable harm...

Excerpt: ... supervision, breach of contract and declaratory relief against plaintiff's parents. Cross- defendants/parents Samuel Upton and Carole Effinger demur to the causes of action for negligent supervision and declaratory relief. Negligent Supervision To set forth a claim for negligent supervision, a plaintiff must allege, inter alia, that “plaintiff was harmed because of defendant's negligent supervision.” CACI 428. Cross-defendants argue cross-co...

Excerpt: ...ntative) action. An unincorporated association may sue on behalf of its members to recover monetary damages or to obtain prospective relief if there is an “ascertainable class with a community of interest in questions of law and fact.” Two Play Properties v. Bank of the West (2016) 2016 WL 3773934 *18; Tenants Assoc. of Park Anita v. Southers (1990) 222 Cal.App.3d 1293, 1302. Class certification is improper if the action is “predicated to f...

Excerpt: ...ave not paid rent since. After landlords filed an unlawful detainer action, tenants cross-complained, alleging landlords prevented them from using a landing behind the property, harassed them and entered the unit without notice or consent. Additionally, tenants allege the property was an illegally converted duplex, and landlords failed to properly register the property under LARSO, so collecting rent violated the ordinance. Tenants also allege th...

Excerpt: ..., and the failure to seek early treatment caused the condition to become permanent. Defendants demur to the second cause of action for fraud. Civil Code §1709. Defendants allege plaintiff fails to plead fraud with sufficient particularity. The court agrees. Plaintiff only alleges that, on multiple occasions, “Plaintiff complained to and advised Defendants of his continued numbness of this lip,” and “Defendants continually [and falsely] tol...

Excerpt: ...senthal, allegedly using his superior knowledge as a real estate agent and preying on Gochicoa's trust, convinced Gochicoa to execute a 10 year lease for $1,200 per month, with no rent increases. Gochicoa alleges these terms were commercially unreasonable, and Rosenthal's efforts to convince him to accept them constitute financial elder abuse and misrepresentation. Rosenthal demurs to the second and third causes of action for negligent misreprese...

Excerpt: ... alleges she alerted defendants to gas leaks on the property, but they took no action to repair them. As a result, plaintiff states, she suffered severe physical symptoms and carbon monoxide poisoning. Defendants move to strike plaintiff's request for attorney's fees and punitive damages. Punitive Damages Defendants move to strike plaintiff's request for punitive damages (CC 3924) on the grounds that plaintiff has not alleged specific conduct by ...

Excerpt: ... faith. Defendants demur to plaintiffs' causes of action for declaratory relief and breach of the covenant of good faith. Good Faith and Fair Dealing Defendants argue plaintiffs fail to allege facts to establish bad faith – i.e. they have not alleged facts showing that defendant's denial of benefits was tortious or without reasonable basis. In fact, plaintiffs specifically allege defendants failed to conduct a proper investigation of the damage...

Excerpt: ...yd alleges defendant LWP, third party administrator of the comp claims, failed to timely process the claims and ensure he received appropriate treatment. Plaintiff also alleges CLARE failed to provide LWP with all three claims. Boyd and LWP agreed to settle Boyd's claim for $14,500. The motion for good faith settlement is supported by the declaration of Brian Esparza, LWP's Vice President of Claims, who states that LWP's files do not reflect any ...

Excerpt: ...ndants did not possess a workers' compensation policy, despite express representations to the contrary. Additionally, plaintiff alleges much of the work was defective. Plaintiff alleges defendants damaged an existing vaulted wood roof/ceiling. Finally, plaintiff alleges the project progressed more slowly than promised and was not completed by the contractually-mandated deadline. Finally, plaintiff alleges defendant Cohen falsely represented that ...

Excerpt: ...inal signed release forms, so the interviews could not air, and the documentary could not be shown/marketed. Plaintiff moves for summary judgment/adjudication as to her conversion, intentional interference with prospective economic advantage and fraud claims. Conversion The elements of a cause of action for conversion are (1) plaintiff's possessory interest in property, (2) defendant's conversion by a wrongful act or disposition of property right...

Excerpt: ...23, 2019 Minute order at pg. 2. The court ordered additional briefing from defendant Norma Parry on the issue of whether she waived the right to arbitrate and/or whether the suspension of defendant Zenith prevents Parry from invoking the arbitration agreement. Parry argues she did not waive her right to arbitration, since she has not yet substantially invoked the litigation machinery and was only served -- via publication -- approximately six mon...

Excerpt: ... to excavate and build the foundation. Hazen alleges Unicon's land surveyor Molai, Inc. miscalculated the location for a retaining wall and piles, causing them to be built on the adjacent property. Hazen sued HDG, alleging it is liable for the actions of Unicon and Molai. HDG alleges that under the terms of its subcontract with Unicon, Unicon agreed to locate the retaining wall and piles itself or hire competent professionals to do so. HDG allege...

Excerpt: ...l of both lis pendens and mutual maintenance of the easements. Plaintiffs move to enforce the judgment, alleging defendants violated the agreement by planting shrubs higher than plaintiffs' fence, and by knocking down a portion of plaintiffs' fence. Cal. Code of Civ. Proc. §664.6 permits a court to enter judgment pursuant to the terms of a settlement agreement and to retain jurisdiction over a dismissed matter to enforce such an agreement. Both ...

Excerpt: ...ances” were consumed. Plaintiff alleges he was attacked and beaten by defendant Cohanim and other fraternity members. He sues Xi Deuteron, AEPi Foundation (Foundation), Zeta Beta Tau-Phi Sigma Delta Corp. (House Corporation), the Regents of the UC and the assailant. Xi Deuteron, Foundation and House Corp. demur to the First Amended Complaint (negligence and premises claims). A demurrer must be filed within 30 days after service of the complaint...

Excerpt: ...leges he rented storage space from defendants, defendants' agents stole the property, and defendants did not have the legal right to lease the property and collect rent. Plaintiff sues on his own behalf and as Ridgways' assignee. A motion for judgment on the pleadings may be made on the same ground as those supporting a general demurrer, i.e., that the pleading fails to state facts sufficient to constitute a legally cognizable claim or defense. S...

Excerpt: ...ntamination. Plaintiffs allege that he died as a result of these conditions and defendants' failure to treat them. Plaintiffs allege 1. Elder Abuse/Neglect and 2. Medical Negligence – Wrongful Death. Defendants Meridian Senior Living, the residential care facility at which decedent lived, and Jason Russo, its administrator, move for summary judgment or, in the alternative, summary adjudication. Plaintiffs have not opposed the motion. First Caus...

Excerpt: ...vate tax return information. There is no opposition filed. Analysis Cal. Rules of Court 2.550(d) allows the public record in a case to be sealed if 1. There exists an overriding interest that overcomes the right of public access to the record, 2. The overriding interest supports sealing the record, 3. A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed, 4. The proposed sealing is narrowly t...

Excerpt: ...tment and transmitter with listening devices right outside [his] apartment, and car. They would listen to [him] and talk to [him] without a warrant . . . this group of people did sexual things that hurt [him] still today. They made [him] brake (SIC) every window in [his] apartment, they used high pitch sounds to hurt [him]. They told [him] to get off drugs.” Defendant County of Los Angeles demurs to the complaint for uncertainty and a failure t...

Excerpt: ... a leash. Plaintiffs move for an order to show cause re: contempt, alleging defendant has failed to abide by the order. Cal Code of Civ. Proc. §1209 allows courts to issue contempt sanctions for disobedience of lawful court orders. Under Cal Code of Civ. Proc. §1211, when contempt is committed outside the presence of the court, an affidavit or declaration must be presented of the facts constituting contempt. The elements of contempt via disobed...

Excerpt: ...demur to all causes of action and move to strike the requests for punitive damages and attorney's fees. Defendants argue none of the claims against individual defendants Farhang K. Kordestani and Shiva Kordestani may proceed because (1) judicially noticeable facts show that Kord Enterprises, not the Kordestanis, are the owners of the property and (2) plaintiffs have not alleged sufficient facts to establish alter ego liability. Defendants request...

Excerpt: ...tten agreement contained a mandatory arbitration clause. Under Cal. Code of Civ. Proc. §1281.2, if a court determines that a valid arbitration agreement exists covering a present dispute, the controversy must be compelled to arbitration unless (a) the right to compel arbitration has been waived by petitioner or (b) grounds exist for rescission of the agreement. When deciding motions to compel arbitration, California courts apply “a heavy presu...

Excerpt: ... default was recorded. Plaintiffs now sue their loan servicer, Bayview Loan Servicing, for unfair business practices under B&P Code §17200. Bayview moves for judgment on the pleadings. California's Unfair Competition Law (“UCL”) prohibits unlawful, unfair or fraudulent business acts or practices. B&P Code § 17200. UCL actions for “unlawful” conduct may be based on violations of other statutes. See Klein v. Chevron U.S.A., Inc. (2012) 20...

Excerpt: ... to pay. The complaint contains causes of action for 1. Breach of Oral Contract, 2. Fraud, 3. Intentional Infliction of Emotional Distress, 4. Promissory Estoppel and 5. Quantum Meruit. Defendant demurs to all causes of action on the grounds that public policy prevents courts from enforcing promises made in the context of private sexual relationships and moves to strike the complaint on the grounds that plaintiff has improperly sued under a pseud...

Excerpt: ...e 1962. On April 11, 2019 the court ordered the parties to provide briefing on the question of whether plaintiff complied and whether violation is a defense to this action. Cal. Civ. Code §1962 requires the name and contact information of the owner(s) and manager(s) and their agent(s) for service of process disclosed to tenants. A successor owner or manager must comply within 15 days of succeeding the prior owner or manager. An owner or successo...

Excerpt: .... Defendants Liwnicz move to compel. Under Cal. Code of Civ. Proc. §2032.220, a defendant may demand a physical examination if the plaintiff seeks recovery for personal injuries as long as “the examination does not include any diagnostic test or procedure that is painful, protracted, or intrusive.” Code of Civ. Proc. §2032.220. A party requesting a physical examination may move to compel if the party refuses, and the refusal is unwarranted....

Excerpt: ... with money for the purchase and sale of real estate, then breached their fiduciary duty by, among other misconduct, withholding rents from plaintiffs and mismanaging properties. Plaintiffs seek leave to file an amended, consolidated complaint that would reduce to three the causes of action alleged across the two other complaints in this consolidated action, add a new cause of action for dissolution of partnership/partition, and clarify the facts...

Excerpt: ...de assets to prevent enforcement of the judgment. Specifically, plaintiff alleges defendant Masoud Isaac Kahrobaie fraudulently conveyed his interest in two pieces of real property (the Washington and Main Street properties) to defendants LA Highrise Property LLC and Nato Fund, Inc. to hide them from creditors. Defendants demur to the first, second, fourth, eleventh, twelfth and thirteenth causes of action for fraudulent transfer/conveyance (Nato...

Excerpt: ...d on the property. Plaintiff alleges defendant failed to take appropriate action preventing foreclosure. Plaintiff's FAC contains causes of action for 1. Professional Negligence, 2. Breach of Fiduciary Duty, and 3. Breach of Contract. A previous demurrer (12/14/18) was sustained with leave to amend. Defendant demurs and moves to strike as to the FAC. First Cause of Action for Professional Negligence Previously, the court ruled plaintiff stated a ...

Excerpt: ...arties' rental agreement. <0044004f004c0047000300 004c0052005100030044[greement exists, the controversy must be compelled to arbitration unless (a) the right to compel arbitration has been waived by petitioner or (b) grounds exist for rescission of the agreement. When deciding motions to compel arbitration, California courts apply “a heavy presumption . . . in favor of arbitrability.” Gravillis v. Coldwell Banker Residential Brokerage Co. (20...

Excerpt: ...Bel‐Air Country Club to partially satisfy the judgment and to assign any payments due under the membership. On March 6, 2019, this court indicated it required additional briefing, as judgment creditor had not sufficiently established a right to payment due or to become due under Cal. Code of Civ. Proc. §708.510, and issues regarding whether Cal. Code of Civ. Proc. §708.205 provides for the valuation and sale of intangible property such as a c...

Excerpt: ...ph was at fault for previous traffic accidents. Plaintiff alleges: 1. Motor Vehicle Negligence, 2. Negligence, 3. Reckless Misconduct/Gross Negligence, 4. Fraud/Deceit/Intentional Misrepresentation. Defendants Lyft and Relph demur to the third and fourth causes of action. Defendant Relph moves to strike both causes of action and their associated requests for damages. Defendant Lyft moves to strike punitive damages. Third Cause of Action for Gross...

Excerpt: ...dged as collateral, for no consideration to protect them from collection efforts. Plaintiffs seek leave to file a third amended complaint based on new facts discovered during Siegel's deposition regarding fraudulent intent and others' involvement in his scheme. Evidentiary Objection: Defendant's objection is SUSTAINED. Analysis: California courts are required to permit liberal amendment of pleadings in the interest of justice between the parties ...

Excerpt: ...the facility. Plaintiff alleges defendant has not repaid the loan. Plaintiff alleges causes of action for breach of contract, intentional misrepresentation, negligent misrepresentation, and common counts (money had and received). Plaintiff moves for summary judgment as to all claims and/or summary adjudication as to each claim. First Cause of Action Breach of Contract Plaintiff's declaration sets forth undisputed facts establishing that he orally...

Excerpt: ...s to plaintiffs' second cause of action for fraud, third cause of action for negligent misrepresentation and fourth cause of action for unfair competition. Defendant also moves to strike plaintiffs' request for punitive damages. Demurrer Defendant argues plaintiffs have not fully alleged the elements of fraud and did not attach documentation that the property cannot be used as a triplex. Plaintiffs are not required to do so to plead fraud. Plaint...

Excerpt: ...s, Inc. (“Fibergrate”), pursuant to a contract with the California State Dept. of Parks and Recreation, provided the staircase. Fibergrate brings a claim for indemnity. CA Parks demurs on the grounds that Fibergrate failed to comply with the California Tort Claims Act by filing a timely Government Claim (Gov. Code 911.2), failed to sufficiently plead the causes of action and failed to allege a written contract with the State. A government tor...

Excerpt: ...ecessors in interest of their lien interest. U.S. Bank now moves for attorney's fees of $230,220 under the Uniform Voidable Transactions Act (UVTA). Under the UVTA a creditor may obtain “any other relief the circumstances may require” (Cal. Civ. Code §3439.07), but the statute does not specifically authorize attorney's fees. The Ninth Circuit – interpreting California's UVTA – has found on at least one occasion that the statute's provisi...

Excerpt: ...deciding motions to compel arbitration, California courts apply “a heavy presumption . . . in favor of arbitrability.” Gravillis v. Coldwell Banker Residential Brokerage Co. (2006) 143 Cal.App.4th 761, 771. A court must deny a petition to compel arbitration if the party opposing the petition proves fraud in the inducement. Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 973-974. When a representation is made recklessly and wi...

Excerpt: ..., consisting only of two sections labelled “Jurisdiction Allegations” and “General Factual Allegations.” Defendants demur to the TAC on the grounds of uncertainty. A demurrer on the same grounds was sustained with leave to amend on 2/26/2019. A special demurrer for uncertainty, Code of Civil Procedure §430.10(f), is disfavored and will only be sustained where the pleading is so bad that defendant cannot reasonably respond—i.e., cannot ...

Excerpt: ...ange the zoning designation of the subject property from Public Open Space to Rural Residential, which would allow for development of the property. Defendant City of Malibu recommended denial of the amendment, opining that the restrictions on development set forth in the grant deed may apply to the property despite the subordination agreement. The Malibu City Council has not yet decided on plaintiff's proposed amendment. Defendant City seeks judg...

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

Excerpt: ...eation & Conservation Authority and Santa Monica Mountains Conservancy or the general public. MRCA and SMMC cross-complained, alleging the moving parties (and others) have no right to restrict access to Sycamore Park and have created a private nuisance and/or trespass by restricting access to Sycamore Park. Moving parties seek to strike the cross-complaint (Cal. Code of Civ. Proc. §425.16), alleging the claims arise out of protected activity. Co...

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

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

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

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

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

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

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

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

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

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

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

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

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