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: ...e project's length and cost and his intent to supervise the project. The Bakers also allege Houck's work was defective. Houck demurs to the fraud causes of action and moves to strike the requests for attorney's fees and punitive damages. Fraud and Negligent Misrepresentation To prevail on a claim for promissory fraud, a plaintiff must provide evidence showing the promisor did not intend to perform at the time the promise was made. Tenzer v. Super...

Excerpt: ...ailure to obtain a loan. Additionally, defendants seek summary adjudication of plaintiff's request for lost profits. Plaintiff's Evidentiary Objections Smith Declaration: Objection 1 OVERRULED, Objection 2 SUSTAINED (lack of foundation), objection 3 SUSTAINED (lack of foundation,) objection 4 OVERRULED, objection 5 OVERRULED, objection 6 SUSTAINED (lack of foundation), objection 7 OVERRULED. Mass Declaration: Objection 1 OVERRULED. Cal. Bus. & Pr...

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...

Excerpt: ...ancel within the agreed-upon time and seeks damages. Sassine and Pham's cross-complaint alleges Novel falsely representing the contract would only be binding if insurance covered the repairs. They also allege emotional distress because Novel falsely reported a debt to a recovery agency and forged Sassine's signature on the proposed agreement. Novel demurs. Intentional Infliction of Emotional Distress A cause of action for intentional infliction o...

Excerpt: ... toper form. Plaintiffs bring contract‐based causes of action and claims for negligence, negligent misrepresentation, breach of fiduciary duty and unfair business practices under §17200. Defendant Pacific Union International, plaintiffs' broker, demurs to the causes of action for breach of fiduciary duty, negligence, negligent misrepresentation, and unfair business practices. Defendants Brian Farmer and The Farmer Limited Partnership demur to ...

Excerpt: ... Defendant moves to bifurcate trial, with the statute of limitations defense and nature of defendant's representation in Beebe to be decided at an initial phase, and the substantive merits of plaintiff's claims to be tried subsequently. A trial court may, upon its own motion or a party's motion, proceed to trial on the statute of limitations before trying any other issue of the case. Cal. Code of Civ. Proc. §597. Cal. Code of Civ. Proc. §1048(b...

Excerpt: ...roperly joined for the sole purpose of having the action venued in Los Angeles County and seeks to transfer to Kern County, where the treatment occurred and where defendant Bacon resides. The superior court in the county where defendants or some of them reside at the commencement of the action is the proper court for trial. In a personal injury case, the county where the injury occurs is also a potential proper venue for trial. Cal. Code of Civ. ...

Excerpt: ...y. Temporary injunctive relief is proper where “irreparable injury is threatened, and preservation of the status quo is proper and equitable under the circumstances.” Cal. Code of Civ. Proc. §527, Chrysler Credit Corp. v. Waegele (1972) 29 Cal.App.3d 681, 686. To obtain an injunction in these circumstances, a court must evaluate the likelihood plaintiff will prevail on the merits at trial and compare its conclusion to the interim harm plaint...

Excerpt: ... Department (“Department”), Los Angeles County Sheriff Alex Villanueva, Los Angeles County Counsel Mary Wickham, and Los Angeles County Director of Personnel Lisa M. Garrett (collectively “Respondents”) “to act in compliance with their ministerial duty under the … Settlement Agreement [executed with Petitioner Lopez] to reinstate [Petitioner Lopez] to employment with the County and to provide [Petitioner] with all emoluments of employ...

Excerpt: ...v. Proc. §473(b), a court may set aside a default taken through “mistake, inadvertence, surprise, or excusable neglect.” When a defendant challenges the court's personal jurisdiction due to alleged improper service, the plaintiff has the burden of proof to show effective service. Summers v. McClanahan (2006). A summons and complaint must be served within three years after the date the action is commenced. Cal. Code of Civ. Proc. §583.210. P...

Excerpt: ...l Parties' Anti-SLAPP Motion to Strike Pursuant to CCP Section 425.16 Respondent Shirley Weber, in her official capacity as Secretary of State of the State of California (“Respondent”) demurs to the petition for writ of mandate of Petitioners Hollywood Park Casino Company, LLC, and Cal-Pac Rancho Cordova, LLC (“Petitioners”) for failure to state a cause of action and on the grounds that Los Angeles Superior Court has no jurisdiction over ...

Excerpt: ...lement and granted Coastline's motion to enforce. Boyce moved out on January 25, 2022, after multiple delays by Boyce and multiple requests by Boyce that the court forestall the move-out date. Coastline seeks to recover fees and costs in connection with efforts to enforce the settlement. On February 16, 2022, the court heard an OSC re: contempt arising out of Boyce's failure to timely vacate, which it took under submission. The settlement agreeme...

Excerpt: ...siness and Professions Code §7159 states a homeowner must be provided with a three-day right to cancel any agreement for performance of home improvement by a contractor. Defendants argue they exercised their statutory right to cancel within the three-day period. Plaintiff alleges defendants did not timely cancel. Complaint ¶13-14. This allegation must be treated as true for purpose of pleading. However, when an exhibit contradicts the allegatio...

Excerpt: ...hat resulted in criminal prosecution of plaintiff's former employer's CEO. Plaintiff alleges defendant's background report violated federal and state law regarding consumer reporting and moves for summary adjudication on three statutory causes of action. Failure to Comply with Cal. Civ. Code §1786.28(a) The California Investigative Consumer Reporting Agencies Act (Cal. Code of Civ. Proc. §1786(a)) requires consumer reporting agencies to identif...

Excerpt: ...aza Del Rey (2014) 223 Cal.App.4th 221, 232-233. A mere contractual right to payment, without more, is insufficient to establish a plaintiff's “ownership” or “possession” of money, and therefore cannot serve as the basis for a conversion claim. Farmers Ins. Exchange v. Zerin (1997) 53 Cal.App.4th 445, 452. Rickel admittedly no longer has an ownership interest in the company, alleging only a contractual right to a percentage of profits und...

Excerpt: ...Demurrer Some courts have held that California does not recognize a distinct cause of action for gross negligence. Eriksson v. Nunnink (2011) 191 Cal.App.4th 826, 856. Defendants argue there is no distinct cause of action for gross negligence. The opposition does not meaningfully address this argument, instead arguing the second amended complaint states a viable cause of action for simple negligence. SUSTAINED. Motion to Strike Defendants argue p...

Excerpt: ...Defendants move for summary adjudication of claims arising out of wind damage, fraud and elder abuse and move for terminating sanctions for failure to comply with discovery orders. Motion for Summary Adjudication Breach of Contract—Wind Claim Contractual limitation provisions in insurance policies requiring suits to be brought within one year are generally enforceable. Lawrence v. Western Mutual Ins. Co. (1988) 204 Cal.App.3d 565, 571. The cont...

Excerpt: ...ers argue was a gift/loan. Kawauchi alleges cross-defendants failed to pay him. Kawauchi served discovery (RFP, special rogs, form rogs) on all cross- defendants and moves to compel further responses. The scope of discovery is broad, but not unlimited, and parties to litigation are entitled to production of all information “reasonably calculated to lead to the discovery of admissible evidence.” Cal. Code of Civ. Proc. §2017.010. A party seek...

Excerpt: ...omeowners association is responsible for “repairing, replacing, and maintaining the common area” of a common interest development unless otherwise stated in the development's CC&Rs. When an ambiguous contract is the basis of a contract, on demurrer the court accepts plaintiff's interpretation of the ambiguous term unless that interpretation is clearly wrong. Aragon-Haas v. Family Security Ins. Services, Inc. (1991) 231 Cal.App.3d 232, 238. De...

Excerpt: ...epresented patio space would be available. Plaintiffs expended significant funds before learning the patio was not available and sue for fraud and promissory estoppel. On January 21, 2022 the court denied defendants' motion for summary judgment, but did not rule on the motion for summary adjudication as to punitive damages, continuing the hearing on that issue to March 14, 2022. Plaintiffs move for leave to file a fourth amended complaint. Puniti...

Excerpt: ...-1 Apex Plumbing, JMI Steel, and Flexi-Tech, Inc. settled for $400,000, $280,000, and $650,000, respectively. Each moves for determination of good faith settlement. Good Faith Settlement “Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co- obligors . . . shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more all...

Excerpt: ...ment and plaintiff's Interest Letter. Moving defendants Hibberd, Hammond and various Emerald Lake funds are nonsignatories but argue they can enforce the arbitration provision. When an arbitration agreement involves interstate commerce, the question of arbitrability is governed by federal law. 9 U.S.C. §2, Allied-Bruce Terminix Cos., Inc. v. Dobson (1995) 513 U.S. 265, 281. There is a liberal federal policy favoring arbitration, requiring arbitr...

Excerpt: ...on January 28, 2022 and denied cross-defendant Weber's motion to strike the cross-complaint. Defendant moves for reconsideration, arguing the court's denial of Weber's motion to strike proves his defense of unclean hands. A motion for reconsideration can be made on the basis of new or different facts, circumstances or law and must be made within ten days after service of written notice of entry of the motion whose reconsideration is sought. Cal. ...

Excerpt: ...iness. Ghod's former fiancé and business partner Pink cross-complained. Cross-defendants Ghods and Phalavian move for summary judgment on Pink's cross-complaint, stating they cannot determine whether the initial cross-complaint or first amended cross- complaint is operative, as the first amended cross-complaint was untimely and contained allegations that fell outside the scope of the court's leave to amend. As cross-defendants point out, an amen...

Excerpt: ...pleadings. A motion for judgment on the pleadings is made on the same grounds as a general demurrer and will be granted if the complaint on its face fails to state a cause of action. Pierson v. Sharp Memorial Hospital, Inc. (1989) 216 Cal.App.3d 340, 342. Fraud – Intentional Misrepresentation, Negligent Misrepresentation, Concealment, Constructive Fraud, False Promise A fraud cause of action must be pleaded specifically; general or conclusory a...

Excerpt: ...rded because plaintiff is not a prevailing party, and no judgment has been entered. The right to recover costs is statutory. Davis v. KGO-T.V., Inc. (1998) 17 Cal.App.4th 436, 439. Under CA. Rule of Court 3.1700, a prevailing party may claim prejudgment costs 15 days after the date of service of a notice of entry of judgment. A monetary sanction order is immediately enforceable through execution of judgment laws. Newland Superior Court (1995) 40 ...

Excerpt: ...ted these amounts. IKP claims Stein is not entitled to these amounts. The court reviewed the briefs. Motion to Strike Hom Declaration IKP moves to strike defense counsel Hom's declaration, arguing it exceeds the court's request for two pages of briefing. The declaration falls outside the scope of the court's request for briefing, so is stricken. Client Income In support of his claim for $16,974.00 in client income collected after he left the firm...

Excerpt: ...ALRR) represented defendant Angeles in connection with a Civil Wage and Penalty Assessment issued by the Department of Labor Standards Enforcement in 2018. Angeles argues AALR&R had access to confidential information during its prior representation, which could used to defendant's disadvantage and seeks to have AALR&R disqualified. An attorney's former client may move to have the attorney disqualified from representing an adverse party if there i...

Excerpt: ...en plaintiffs purchased a nearby property, which they allege includes the landing. Kaplans cross-complained alleging adverse possession and various tort causes of action, including negligent misrepresentation, false advertising and breach of fiduciary duty. On November 30, 2021 the court sustained a demurrer to the first amended cross- complaint with ten days leave to amend. Cross-defendants now demur to the third through eighth causes of action ...

Excerpt: ...dant Angeles in connection with a Civil Wage and Penalty Assessment issued by the Department of Labor Standards Enforcement in 2018. Angeles argues AALR&R had access to confidential information during its prior representation, which could used to defendant's disadvantage and seeks to have AALR&R disqualified. An attorney's former client may move to have the attorney disqualified from representing an adverse party if there is a “substantial rela...

Excerpt: ...ty of care. Plaintiffs served defendant the City of Beverly Hills with a deposition notice on December 20, 2021. The initial notice sought documents from the last five years, specifically records of automobile accidents, drunk driving, and reckless driving incidents throughout Beverly Hills. Plaintiffs requested documents evidencing “statistics and trends which the Beverly Hills Police Department utilized to help prevent/deter crime in Beverly ...

Excerpt: ...arate breached the subcontract. The arbitrator's final award found against plaintiff's cross-claim. Defendant Metson was plaintiff's counsel for part of the arbitration. Plaintiff alleges defendant's professional negligence caused its loss at arbitration as well as causing plaintiff to incur extra fees when defendant's successor counsel worked to “clean up” defendant's errors. Defendant moves for summary judgment on the grounds that defendant...

Excerpt: ...ndant the City of Beverly Hills with a deposition notice on December 20, 2021. The initial notice sought documents from the last five years, specifically records of automobile accidents, drunk driving, and reckless driving incidents throughout Beverly Hills. Plaintiffs requested documents evidencing “statistics and trends which the Beverly Hills Police Department utilized to help prevent/deter crime in Beverly Hills.” Defendants' Motion Exhib...

Excerpt: ...ta and/or collateral estoppel, the summons and complaint must be quashed. Issue preclusion or collateral estoppel applies when (1) the issue is identical to one decided in the former proceeding, (2) the issue was actually litigated, (3) the issue was necessarily decided in the former proceeding, (4) the decision in the former proceeding is final and on the merits, and (5) preclusion is sought against a person who was a party or in privity with a ...

Excerpt: ...before trial. If an offer made by a defendant is not accepted, and plaintiff fails to obtain a more favorable judgment or award, plaintiff shall not recover postoffer costs and shall pay defendant's costs from the time of the offer. Additionally, if an offer made by defendant is not accepted and plaintiff fails to obtain a more favorable judgment, the court may, in its discretion, require the plaintiff to pay a reasonable sum to cover postoffer c...

Excerpt: ...ne month. Nelson Decl. ¶4. Plaintiffs did not respond in time. The parties later stipulated plaintiffs would respond to discovery by August 25, 2021, but plaintiffs failed to do so. At a September 15, 2021 Informal Status Conference, plaintiffs' counsel agreed to serve responses by September 22, 2021. Plaintiffs failed to do so. Defendants moved to compel on November 5, 2021, and the motion was granted, requiring production and payment of sancti...

Excerpt: ... 16, 2021 defendant served 81 special interrogatories. Plaintiff seeks a protective order withdrawing the interrogatories or reducing them to 35. A party may propound no more than 35 special interrogatories without a declaration stating that a greater number is warranted due to the complexity of the issues, the financial burden of conducting an oral deposition or the expedience of using this method to provide the responding party the opportunity ...

Excerpt: ...All OVERRULED. No Objections from Defendant. Motion for Summary Judgment A plaintiff moving for summary judgment must establish all elements of a cause of action but is not required to disprove any affirmative defense asserted by the defendant. WRI Opportunity Loans II, LLC v. Cooper (2007) 154 Cal.App.4th 525, 532. Lease agreements are governed by ordinary rules of contract interpretation. Golden W. Baseball Co. v. City of Anaheim (1994) 25 Cal....

Excerpt: ...The arbitrator's final award found against plaintiff's cross-claim. Defendant Metson was plaintiff's counsel for part of the arbitration. Plaintiff alleges defendant's professional negligence caused its loss at arbitration as well as causing plaintiff to incur extra fees when defendant's successor counsel worked to “clean up” defendant's errors. Defendant moves for summary judgment on the grounds that defendant's alleged negligence did not ca...