Excerpt: ... loud music, yelling, partying and noise from F&F, with disturbances continuing late at night. G8 alleges F&F's inadequate security measures endangered residents, including a shooting at F&F that shattered windows and damaged a resident's couch. The F&F defendants demur to the claims for public nuisance, private nuisance, interference with contractual relations, negligent interference with contractual relations, interference with prospective econ...

Excerpt: ...venting delaying plaintiffs' move-in. A writ of attachment can issue where a claim for money based upon a written contract of a fixed or readily ascertainable sum in a commercial claim is in excess of $500 and unsecured by real property. Cal. Code of Civ. Proc. §484.090(a)(1). The claim upon which the writ is based must have “probable validity.” It must be more likely than not that plaintiff will obtain a judgment. Cal. Code of Civ. Proc. 48...

Excerpt: ...o had adequately shown Visconti fulfilled the requirement set forth in Cal. Code of Civ. Proc. §391, commencing more than five unsuccessful litigations within the last seven years. The court declined to issue a final ruling declaring Visconti a vexatious litigant. Instead, the court scheduled an evidentiary hearing for Visconti to present evidence showing a reasonable probability of prevailing on her cross-complaint. Visconti's brief for the evi...

Excerpt: ... Stang, Ziehl & Jones LLP (PSZJ) seeking communications with Stiffelman related to various topics, communications with investors in the project, communications with several named financial institutions related to the project, project-related communications with named third parties, and communications related to debts owed by Stiffelman. Under Cal. Code of Civ. Proc. §1985.3, if a subpoena seeks a consumer's personal records maintained by a witne...

Excerpt: ...it contracted with VBA to complete the work, and VBA failed to pay $401,430.48 for materials and labor. VBA demurs. Breach of Contract A claim for breach of contract must specify whether the alleged contract is oral, written or implied by conduct. Cal. Code of Civ. Proc. §430.10(g). VBA argues the cross-complaint does not clearly allege the form of the contract, as required by §430.10(g). This objection is valid. The cross-complaint states “V...

Excerpt: ...000 and $50,000. Vara made the first payment on February 2, 2023. The second payment was due on March 14, 2023. Vara states his assistant sent SCLU a check for $50,000 prior to that date, but the check was never received. SCLU initiated a sale of Vara's residence after failing to timely receive the second payment. Vara states he tendered a cashier's check totaling $55,381, representing the second installment plus interest, on May 30, 2023. SCLU r...

Excerpt: ...ver) and Gonzalez, Culver's president, move to compel arbitration pursuant to arbitration agreements signed in November 2010 and November 2020. There is a liberal federal policy favoring arbitration, requiring arbitration agreements to be put on equal footing with other contracts and requiring courts to resolve any doubts as to whether a dispute falls within an arbitration provision in favor of arbitration. AT&T Mobility, LLC v. Concepcion (2011)...

Excerpt: ...ides the lease and residential ledger reflecting lease payments made. SM Separate Statement 5-9. The declaration of general manager Nicole Brown states the ledger is kept in the ordinary course of business and is updated when a tenant makes a payment. Browne declaration ¶6. The ledger is admissible under the business records exception. The ledger and lease show the Ins failed to make required lease payments. This carries SM's initial burden as t...

Excerpt: ...articipated in multiple informal discovery conferences and Rubin supplemented his responses several times, Stiffelman argues the responses are still insufficient and moves to compel further. Form Interrogatories Nos. 2.6 and 8.2 This asks for information related to Rubin's job and employer during the five years prior to the incident. Separate Statement pgs. 1-2. Rubin's last verified responses state he was employed as a manager for Glenroy Coache...

Excerpt: ...§391 by commencing more than five unsuccessful litigations within the last seven years. The court did not issue a final ruling to allow Visconti an opportunity to present evidence showing a reasonable probability of prevailing on her cross-complaint. Visconti provides no arguments in support of the claims in the cross-complaint. Rather, she argues the prior lawsuits do not qualify her as a vexatious litigant under §391. Her exhibits do not addr...

Excerpt: ...to compel arbitration. There is a liberal federal policy favoring arbitration, requiring arbitration agreements to be on equal footing with other contracts and requiring courts to resolve any doubts as to whether a dispute falls within an arbitration provision in favor of arbitration. AT&T Mobility, LLC v. Concepcion (2011) 563 U.S. 333, 339, AT&T Tech., Inc. v. Comm Workers of Am. (1986) 475 U.S. 643, 650. A similar policy has been expressed by ...

Excerpt: ...R3 and Cohen, arguing the instant MSA is duplicative of the motion denied in April 2021. MSA On April 14, 2021 the court denied a substantively identical MSA from Cohen and RC3 on the grounds that Schenly's reliance on a property broker's advice created a triable issue of fact as to gross negligence. See 4/14/2021 minute order pgs. 4-5. The instant motion includes no new arguments or evidence that could not have been included in the prior motion....

Excerpt: ...ied terminating sanctions but ordered Parker to supplement responses and appear for deposition within 30 days. Hanks moved again for terminating sanctions, arguing Parker failed to adequately supplement responses. On April 19, 2023 the court declined to issue terminating sanctions but agreed to re- consider the motion as a motion to compel further discovery responses. Parker was given leave to file a new opposition. Deposition On October 6, 2022 ...

Excerpt: ...dant Regents demur on government immunity grounds. “Public entities have broad immunity from liability for injuries suffered by an inpatient of a mental institution.” State Dep't. of State Hospitals v. Superior Court of Napa County (2022) 84 Cal.App.5th 1069. Cal. Gov. Code §854.8 states a public entity is not liable for injury to or proximately caused by a patient of a mental institution. Cal. Gov. Code §854.8. Exceptions to that immunity ...

Excerpt: ...contains all its original equipment; they argue this proves the complaint was frivolous: as no parts were removed. Defendants move for an order dismlssmg the complaint and awarding sanctions. A court may sanction an attomey or litigant for filing a pleading for an improper purpose or one that is indisputably without factual or legal merit. Guillemin v. Stein (2002) 104 CalApp_4th 156: 168. Sanctions for a frivolous filing should only be granted i...

Excerpt: ...nd amended cross-complaint alleges two written contracts—a lease agreement between plaintiff James and defendants and a written guaranty agreement between Rowley and EQR_ SACC 1114-19_ Rowley argues James is not a party to the guaranty agreement: and that if he was entitled to enforce it as a third-party beneficiary: the guaranty agreement has been revoked under Cal. Civ. Code 52815 The SACC is unclear as to whether the breach of contract claim...

Excerpt: ...the bankruptcy court granted plaintiff s predecessor-in-interest relief from the stay on June 22: 2020: stating ' 'this order is binding and effective despite any of this bankruptcy case to a case under any other chapter of the Bankruptcy Code[_]" See plaintiffs request for judicial notice exhibit 1 _ The court takes judicial notice of that document. VST notes the bankruptcy court order reinstating the stay after comersion to chapter 7 contains a...

Excerpt: ... at. , case no. 22SMCV01732: alleging Malochka, Dean: Karimov and Kromendopulo caused the fire: and seeking indemnity _ In that action: the court sustained a demurrer, finding the claim should have been filed as a compulsory cross-complaint in this action. Universal filed a first amended complaint in Malochka, which it will dismiss if this coun grants leave to bring the indemnity claims alleged in Malochka as a cross-complaint in this action. A c...

Excerpt: ...ves to: (1) have Visconti declared a vexatious litigant and (2) expunge the lis pendens Visconti placed on his residence in case no. 22SMCV00233_ Visconti moves for (1) an OSC re: contempt arising out of Pinto's alleged failure to timely respond to written discovery: and (2) for reconsideration of an order requiring her counsel Murphy to pay Pinto S3,OOO in fees and costs. These motions were set to be heard in March 2023 and taken off calendar af...

Excerpt: ...mplaint (attached as exh_ 1 to Mass DecL) adding causes of action for breach of contract: fraud: concealment and recission and to add Itzhaki and Levy as individual defendants. Amendments must be liberally allouecl at any stage of a proceeding: including during trial, when no prejudice to the opposing party is shou•n_ Duchrow v. Forrest (2013) 215 Cal_App.4th 1359, 1377 _ Generally, a coult will not consider the validity of the proposed amended...

Excerpt: ...ages. Demarest argues the complaint contains no specific allegations establishing malice, fraud: or oppression. He points out that while plaintiffs make insinuations regarding defendant' s m a cannabis-focused streaming platform: they do not allege Demarest was under the influence at the time of the incident The complaint alleges he was driving on the wrong side of the road and "watching a television show" when he collided with plaintiffs' car. R...

Excerpt: ... distress and intentional misrepresentation claims. HED For a plaintiff to successåully plead a cause of action for IIED: defendant: s conduct must be outrageous: i.e. it must be ' 'so extreme as to exceed all the bounds of that usually tolerated in a civilized community " Catsouras v. Dept. of California Highvay Patrol (2010) 181 CalApp_4th 856: 874 Sadr argues plaintiffs have not alleged outrageous conduct. Plaintiffs allege property damage du...

Excerpt: ...d receiving distributions. The coun uses first names of the various Harkham parties for ease of reference, not with an intent to show disrespect. Terry alleges Efrem and his son Aron now deny his status as partner: reftsing to distfibute profits from the hotel 's sale and preventing him from inspecting books and records. Terry also alleges Efrem and Aron engaged in self-dealing: taking out loans against the hotel for their ourn benefit and using ...

Excerpt: ...d their possessions from the property. Landlord Tana moves for a preliminary mjunction: asking the coult 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...

Excerpt: ...and ten: which state "[o]n July 25, 2021 the Defendants and each ofthem could reasonably have anticipated that the DOG would cause injury to Plaintiff Maryam Ansari by attacking and biting Plaintiff:" and ' 'On July 25, 2021, the Defendants and each ofthem had sufficient opportunity to prevent the DOG from attacking and biting Plaintiff MARYAM ANSARI but failed to exercise reasonable care to control and contain the DOG and prevent the attacking a...